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行政执法检查与行政监察的关系是近年来政府法制工作者和行政监察工作者经常议论的话题,也是行政执法检查中经常遇到的问题。但专门对其进行深入研究者较少。笔者根据自身学习体会,谈一点粗浅的认识。 行政执法检查是县级以上人民政府及其所属工作部门对本行政机关以及本行政区域、本系统的下级行政执法单位和行政执法人员的行政执法行为进行了解、查询、纠正和处理的监督活动。行政监察是指国家专门设立的专门监察机关依照行政监察法的规定,对国家行政机关、国家公务员和国家行政机关任命的其他人员实施监督的活动。行政执法检查与行政监察都是我国行政监督体系的重要组成部分,都是为了促进行政机关及其工作人员依法行政,保障法律、法规、规章的正确实施,但二者还是有区别的。
The relationship between administrative law enforcement inspection and administrative supervision is a topic often discussed by government legal workers and administrative inspectors in recent years and is also a frequently encountered issue in the inspection of administrative law enforcement. However, there are fewer studies devoted to it. The author based on their own learning experience, talk a little superficial understanding. The inspection of administrative law enforcement is the supervisory activity for understanding, inquiring, correcting and handling the administrative law enforcement actions of the administrative organs and their administrative regions, the administrative enforcement units at the lower levels of the system and the administrative law enforcement personnel of the people’s governments at or above the county level and their respective working departments. Administrative supervision refers to the special supervisory organ established by the state that supervises the state administrative organs, state civil servants and other personnel appointed by the state administrative organs in accordance with the provisions of the Administrative Supervision Law. Administrative law enforcement inspection and administrative supervision are all important components of the administrative supervision system in our country. All of these are intended to promote the administration of the administrative organs and their staff according to law and guarantee the correct implementation of laws, rules and regulations, but the two are still different.