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党的十八届四中全会通过的全面推进依法治国决定明确提出,检察机关在履行职责中发现行政机关有违法行使职权或者不行使职权的行为,应该督促其纠正。这标志着检察机关除诉讼监督外,还将针对行政执法不作为和乱作为加强检察监督。行政执法检察监督,不但有利于保障人民群众利益免受违法侵害,还有利于提高行政执法的权威,节约行政执法成本,更有利于树立人民群众建设法治国家的信心。我国行政执法检察监督在探索中前行,取得了一些成绩,也面临了困境。本文结合行政执法检察监督的现状、分析存在的困境,寻求破解行政执法检察监督困境之道,助执法检察监督健康、持续发展。
The Fourth Plenary Session of the 18th CPC Central Committee passed the decision of ruling the country by law in an all-round way. The procuratorial organs, in the performance of their duties, found that the administrative organs violated the law or exercised their functions and powers and should be urged to correct them. This marks the procuratorial organs in addition to litigation supervision, but also for administrative law enforcement not as chaos as a step to strengthen procuratorial supervision. Prosecutorial supervision over administrative enforcement of law not only helps protect the interests of the people against illegal infringement, but also helps to improve the authority of administrative law enforcement, save the costs of administrative law enforcement, and is more conducive to building the confidence of the people in building a state under the rule of law. China’s administrative law enforcement procuratorial supervision in the exploration forward, has made some achievements, but also faced with difficulties. Based on the current situation of procuratorial supervision of administrative law enforcement, this article analyzes the existing predicaments, seeks to crack the dilemma of procuratorial supervision of administrative law enforcement and helps the procuratorial supervision of law enforcement to develop healthily and sustainably.