检察权与行政权是我国宪法结构中两种重要的国家权力。检察权行使法律监督权,具有独立性,不受行政机关干涉;行政权行使执行法律的权力,具有辅助性与从属性。两种权力依据宪法和法律在各自权限范围内按照程序分别行使,在特定事项的处理中相互配合,检察权监督行政权。决定两种权力分工、监督与配合关系的基础是国家权力属于人民、人民代表大会制度、检察权与行政权权力属性之差异、维护社会主义法制统一及保护公民基本权利。其目的在于完成宪法任务,维护正义,保障人权。应在基于宪法和法律的规范分析前提下,深化对检察权与行政权权力属性的认识,为实践中两种权力合乎宪法目的运行提供更为坚实的理论基础。本刊编辑部认为,完善和发展行政检察制度,需要进一步丰富行政检察的内涵,适时制定行政检察法,明确行政检察的基本原则,适度拓展行政检察范围,合理选择行政检察方式,以及加强行政检察队伍建设。为了充分探讨这一问题,本刊编辑部特邀一批专家对此问题进行专题研究,得到了一些对此问题素有研究的学者的比较积极的回应。为了更好地以学术之力审时度势促进司法改革,本刊编辑部以《行政权和检察权关系研究》为总标题进行专题研究。本着倡导百家争鸣的态度,本刊对于受邀专家的来稿,只要符合通常的学术规范,不论其所表达的学术观点如何,均一律照登,所以,本专题所有观点均不代表本刊编辑部之立场。 Prosecutorial power and executive power are two important state powers in the constitutional structure of our country. Prosecutorial power to exercise the power of law supervision, with independence, without interference from the executive; executive power to exercise the power to enforce the law, with auxiliary and subordinate. The two powers are separately exercised according to the procedure within the scope of their respective powers according to the Constitution and the law. They cooperate with each other in the handling of specific issues and the procuratorial power supervises the administrative power. The basis for determining the relationship between the division of powers, supervision and cooperation of the two powers is that the state power belongs to the system of the people, the people’s congress, the discrepancy between the attributes of prosecutorial power and administrative power, safeguarding the unification of the socialist legal system and protecting the basic rights of citizens. Its purpose is to accomplish the constitutional tasks, safeguard justice and safeguard human rights. Under the premise of normative analysis based on the constitution and the law, we should deepen our understanding of the procuratorial power and the power of administrative power, and provide a more solid theoretical basis for the operation of the two powers in conformity with the constitutional purpose in practice. Our editorial department believes that to improve and develop the system of administrative procuratorial work, we need to further enrich the content of administrative procuratorial work, formulate administrative procuratorial law in a timely manner, clarify the basic principles of administrative procuratorial work, appropriately expand the scope of administrative procuratorial work, reasonably choose administrative procuratorial methods, and strengthen administrative procuratorial measures Team building. In order to fully explore this issue, our editorial department invited a group of experts to conduct a special study on this issue and got some positive responses from scholars who have studied this issue. In order to better assess the situation with academic power to promote judicial reform, the editorial department of this publication with “the study of executive power and prosecutorial power” as the general title of the topic of research. In line with the attitude of advocating a hundred schools of thought, the articles published in this issue of invited experts, as long as they meet the usual academic norms, regardless of their expressed academic point of view, are all boarding Deng, therefore, all views on this topic do not represent the editorial department position.