健全行政执法检察监督机制的路径探析

"穿透式"行政检察监督是指检察机关从监督法院行政审判活动穿透至监督行政机关作出的行政行为。为进一步推动检察机关做实行政检察工作,做到"一手托两家",促进依法行政,建议从"穿透式"行政检察监督面临的困境、监督的必要性及可行性、监督的范围及对象、监督的方式及手段、监督机制的构建等方面对狭义行政执法检察监督的定位与界限进行探索,从而为推进社会治理现代化进程提供可行的建议。

Probe into the Path of Perfecting the Procuratorial and Supervisory Mechanism of Administrative Law Enforcement

"Penetrating" administrative procuratorial supervision refers to the Administrative Act that the procuratorial organ penetrates from the administrative trial activities of the supervisory court to the supervisory executive branch.In order to further promote the procuratorial organs to carry out administrative procuratorial work,achieve the goal of "entrusting two families with one hand",and promote administration according to law,it is suggested that the orientation and boundary of supervision over administrative law enforcement in a narrow sense should be explored from the aspects of the predicament faced by "penetrating" supervision over administrative law enforcement,the necessity and feasibility of supervision,the scope and object of supervision,the ways and means of supervision,and the construction of supervision mechanism,therefore,it provides feasible suggestions for promoting the modernization process of social governance.