论行政执法外部监督中正式监督机关的确立

在检察机关、监察机关的参与之下,行政执法外部监督的力量越来越充足,但这些主体皆为非正式行政执法监督机关,监督活动缺乏统筹安排,难以形成稳定可靠的监督秩序,因而需要确立正式的外部监督机关,发挥一定的牵引作用。检察机关因法律监督对象的广泛性,具备将监督对象拓展至行政机关的可行性,因其在法律实施中开展合法性监督的专业优势,具备将其机关职能拓展至行政执法监督的适当性,所以比监察机关更适于成为正式的行政执法监督机关,这也是检察机关法律监督对现行国家行政监督体系的补强优化。在权力配置上,检察机关需要配以调查权、合法性评议权和程序性处置权,同时要保持监督权行使的限度,避免脱离行政执法合法性监督的焦点,尊重行政执法的独立自主,并与其他国家机关分工协作、形成监督合力。

On the Establishment of Formal Supervision Organ in the External Supervision of Administrative Law Enforcement

The power of external supervision of administrative law enforcement is becoming more and more sufficient with the participation of the procuratorate and the supervisory committee,but the subjects of external supervision are all informal organs and lack overall arrangement in supervision activities,which make it difficult to form a stable and reliable supervision order.Therefore,it is necessary to establish a formal external supervision organ to play a certain traction role.The procuratorate has the feasibility of extending the objects of supervision to the administrative organs because of the extensiveness of its legal supervision objects.Also,the procuratorate has the appropriateness of extending its function to the supervision of administrative law enforcement because of its professional advantage of carrying out the legal supervision in the implementation of the law.As a result,it is more suitable to become a formal supervision organ of administrative law enforcement than the supervisory committee,which reflects that the legal supervision of the procuratorate is the reinforcement and optimization of the current national administrative supervision system.In terms of power allocation,the procuratorate need to be equipped with investigation power,legal evaluation power,and procedural disposal power.At the same time,the procuratorate should also maintain the limits of supervision power,which avoids its breaking away from the focus of the supervision of the legality of administrative law enforcement,respects the independence of administrative law enforcement,and cooperates with other state organs to form a joint force of supervision.