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检察机关基于宪法的原则性规定,多领域、多角度、多手段在行政违法检察监督方面进行尝试,取得了一定的成绩也积累了一些经验,但由于没有法律的明确授权,也未出台相关规范性文件,监督随意性较大。文章认为在目前行政机关职权界限不明晰、行政机关违法履职或怠于履职情况较为突出,而检察机关对于行政公益诉讼范围以外行政违法行为的检察监督缺乏操作性规范的情况下,如何理顺行政违法检察监督的思路,及时找准问题对症下药,是检察机关深入贯彻党的十八届四中全会关于全面推进依法治国精神,正确履行行政违法检察监督职能的当务之急。
Based on the constitutional principle of procuratorial organs, they have tried their best to prosecute and supervise administrative violations in a multi-disciplinary, multi-perspective and multi-disciplinary approach. They have obtained some achievements and accumulated some experience. However, since there is no express authorization from the law nor the relevant norms Sexual documents, monitoring randomness. The article holds that in the current situation that the limits of authority of the executive authorities are not clear, the executive authorities perform their duties illegally or perform their duties illegally, and the procuratorial organs lack the operational norms for the procuratorial supervision of the administrative violations beyond the scope of the administrative public interest litigation According to the idea of administrative illegal procuratorial supervision, finding the right remedy in time is the top priority for procuratorial organs to thoroughly implement the Fourth Plenary Session of the 18th CPC Central Committee on the full implementation of the spirit of governing the country according to law and correctly carrying out the functions of procuratorate supervision over illegal activities.