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在《中共中央关于全面推进依法治国若干重大问题的决定》中提出:“检察机关在履行职责中发现行政机关违法行使职权或者不行使职权的行为,应该督促其纠正。”检察机关在全面推进依法治国的过程中,如何适应检察改革的需要,对行政违法行为进行有效监督,已成为急需解决的问题。本文通过对行政违法行为检察制度的现实构建进行分析,剖析制度实行困境,对完善制度建设提出建议,希望对实际工作提供有益借鉴。
In the “Resolution of the CPC Central Committee and the Central Government on Several Major Issues in Promoting the Rule of Law,” the procuratorial organ states in its duties that the procuratorial organs found that the administrative organ illegally performed their functions or failed to exercise their functions and powers and should be urged to correct them. “” In the process of governing the country according to law, how to adapt to the needs of procuratorial reform and effectively supervise the administrative illegal acts has become an urgent problem to be solved. This article analyzes the actual construction of the system of procuratorate of administrative illegal acts, analyzes the dilemma of system implementation, puts forward suggestions for perfecting system construction, and hopes to provide useful reference for practical work.