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检察机关作为行政执法与刑事司法衔接(以下简称“两法衔接”)的推动者、实施者,应当着眼于法治实践,从应然层面把握好参与“两法衔接”的法治目标、差异性、谦抑性三个内核,确保检察机关参与“两法衔接”机制顺应时代发展。一、法治目标:“两法衔接”中法律监督权运行的终极目标在宪法法律未直接赋予检察机关一般监督权的立法体系中,行政执法机关往往会因检察权对行政权的监督,而产生排斥心理。检察机关参与
As the promoters and implementers of the connection between administrative law enforcement and criminal justice (hereinafter referred to as “the convergence of the two laws”), procuratorial organs should focus on the practice of the rule of law and should seize the goal of the rule of law participating in the “two convergences” from the due level , Differences and modesty, to ensure that procuratorial organs participate in the development of the “convergence of the two laws” mechanism. I. The Goals of the Rule of Law: The Ultimate Goal of the Operation of Legal Supervisory Power in the Cohesion of Two Laws In the legislative system that the constitutional law does not directly grant the procuratorial organs general supervisory authority, the administrative law enforcement organs tend to be subject to the supervision of administrative power over the procuratorial power, Produced exclusion psychology. Procuratorial organs involved