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作为一种非诉讼监督方式,检察建议立足于已发刑事案件,着眼于对继发犯罪的预防,是检察机关履行法律监督职责和参与社会管理创新的一种有效方式。检察建议已经不仅仅是单纯的建议,它以敏锐的眼光,洞察潜在的隐患,努力推动制度建设,切实做到以制度管人管事,从根本上预防职务犯罪。从法律法规上说,检察建议本身是柔性的,但监督效果决不能柔性。广西检察机关的做法生动诠释了“结合执法办案,积极参与社会管理创新”的要求,值得借鉴和推广。
As a non-litigation supervision method, the procuratorial suggestion bases on the criminal cases already issued and focuses on the prevention of the secondary crimes. It is an effective way for the procuratorial organs to fulfill their duties of legal supervision and participate in the innovation of social management. Prosecutorial proposals have been more than simple suggestions. With a keen eye, the procuratorial proposals have insight into potential hidden dangers, worked hard to promote system construction, and practiced the system of managing people in charge and fundamentally prevented job-related crimes. In terms of laws and regulations, procuratorial proposals are flexible in themselves, but the supervisory effect must not be flexible. The procuratorate organ in Guangxi vividly interpreted the requirements of “combining law enforcement and handling cases and actively participating in social management innovation”, which is worth learning from and promoting.