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检察建议是检察机关在履行法律监督职责过程中制发和运用的一种检察工作方式,但其并非一定具有确保法律统一正确实施的法律监督性质。目前,检察建议的适用范围过于狭窄,存在与现有规范和检察实践相互脱节的问题,应当予以适当拓展。在现有法律框架之下,建立检察建议约谈制度、严格执行向同级人大及其常委会报告制度和根据规范制作检察建议,不失为保障检察建议效力的有效途径。
Prosecutorial proposals are a form of procuratorial work that procuratorial organs have developed and applied during the performance of legal supervision duties. However, they do not necessarily have the legal supervision nature of ensuring the uniform and correct implementation of laws. At present, the scope of application of procuratorial proposals is too narrow, there is a problem that is out of line with the current norms and procuratorial practices and should be appropriately expanded. Under the existing legal framework, the establishment of a system of procuratorial counselors’ interviews, the strict implementation of the reporting system to the people’s congresses at the same level and its standing committees, and the production of procuratorial proposals based on norms are all effective ways to safeguard the effectiveness of prosecutorial proposals.