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行政强制措施是一种必要的行政行为,但它可能会挤压,甚至侵害公民权利,故有必要对其进行监督。我国目前的理论与实践仅关注对行政的自我监督、司法监督和社会监督,对行政的检察监督几乎还是个新鲜事物。然而,行政自我监督因存在扩张和控制的矛盾对立而往往缺乏动力;司法监督因其被动性与滞后性而常缺乏效率;社会监督因其参与条件与程序的限制等而仍在成长之中。因此,相较而言,行政检察监督就具有了一系列优势。具体到行政强制措施的检察监督上,应以行政强制措施的要件为监督内容,并将行政强制措施类型化为即时强制行为模式和一般强制行为模式。对前者,检察监督的标准主要为形式合法性标准,监督方法主要为检察建议;对后者,检察监督的标准主要应为实质合理性,监督方法主要应为行政公诉。
Administrative coercive measures is a necessary administrative act, but it may be squeezed, or even against the rights of citizens, so it is necessary to supervise them. At present, the theory and practice of our country focus only on the self-supervision, judicial supervision and social supervision of the administration. Prosecutorial supervision of the administration is almost a new thing. However, administrative self-supervision often lacks motivation because of contradictions existing in expansion and control. Judicial supervision is often inefficient because of its passiveness and lag. Social supervision is still growing due to the constraints of its participation conditions and procedures. Therefore, comparatively speaking, administrative procuratorial supervision has a series of advantages. To the procuratorial supervision of administrative enforcement measures, the content of administrative enforcement measures should be supervised, and the types of administrative enforcement measures should be classified into immediate enforcement and general enforcement. For the former, the standards of procuratorial supervision are mainly the standards of formal legitimacy and the methods of supervision are mainly procuratorial suggestions. For the latter, the standards of procuratorial supervision mainly should be substantive and reasonable, and the supervision methods should mainly be administrative prosecutions.