论市民社会与服务民生语境下的司法监督

在市民社会深入发展的背景下,＂小政府、大社会＂已成为时代的选择,服务民生已成为社会的普遍要求。对于检察机关而言,服务民生,就是要强化法律监督职能,探索民事监督内涵,拓宽民行监督领域,突出民行案件监督重点。此外,检察机关在民生建设中应注意：服务民生不能逾越法定职能;查处犯罪的同时应维持企业正常生产秩序,维护企业声誉;个案处理中要把握＂依法判案＂硬性标准与宽严相济司法政策的灵活适用。

On Legal Supervision of Civil Society and Serve People's Livelihood

Under the background the further development of civil society,＂small government,big society＂has become the choice of the times,serving people＇s livelihood becomes a general requirement.For prosecutors,to service people＇s livelihood is to strengthen the function of legal supervision,and to focus on resolving various periods of interests,which people concerned about most,are most direct and most practical.That is,not only to crack down on crime and protect the livelihood of the people to establish service a variety of long-term mechanism,but also to strengthen legal supervision on civil and administrative cases involving the people in many aspects of life,to explore the meaning of civil supervision,broaden the field of civil and administration and to highlight the supervision of civil and administration cases.In addition,the prosecution should be noted on the construction of in the people＇s livelihood：people＇s livelihood can not exceed the statutory functions,pre-empt;to investigate a crime should also be to maintain normal production and to maintain corporate＇s reputation;in dealing with single case,we should grasp,＂according to the law to decide cases＂,to apply rigid standards of judicial policy and temper justice with mercy flexibility.