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行政抗诉是检察机关行使法律监督权对行政诉讼活动进行监督的制度,在我国诉讼制度中起着举足轻重的作用。但是由于立法的缺陷以及司法实践中的种种弊端,导致此项制度很难发挥其应有的作用。本文试图通过对该制度的立法及司法实践中的问题进行分析,并提出相应的对策,希望对完善我国行政抗诉制度作出些许有益的探索。
Administrative protest is the system by which procuratorial organs exercise the power of legal supervision to supervise administrative litigation activities and plays a decisive role in our litigation system. However, due to the defects of legislation and the disadvantages in judicial practice, it is very difficult for this system to play its due role. This article attempts to analyze the problems in the legislation and judicial practice of the system and put forward corresponding countermeasures, hoping to make some useful explorations on improving the administrative protest system in our country.