英文摘要 |
Administrative procuratorial suggestion is an important way for procuratorial organs to exercise legal supervision. In our country, the practice of administrative procuratorial suggestions is diverse and plays a good role in restricting and supervising the administrative power in practice, but there are also some problems and potential impacts, such as unclear scope of application, weak compulsory binding force, and ''congenital deficiency'' of legal norms. From the perspective of institution generation, the emergence of administrative procuratorial suggestions is subject to exogenous institutional logic, which is driven by the needs and policies of social governance, and endogenous institutional logic, which is based on the theory of power restriction and supervision with Chinese characteristics, the nature of administrative procuratorial suggestions and the restriction of compulsory binding force. In order to maintain the unity of these two kinds of logics and solve the problems existing in practice, we should standardize the administrative procuratorial suggestions from the following aspects: In the overall view of the power restriction and supervision relationship, we should make clear the attribute positioning and scope of application of administrative procuratorial suggestions; We should promote the typification of administrative procuratorial suggestions, and determine different normalized standards according to different types; We should establish the exchange and consultation mechanism and linkage mechanism between procuratorial organs and administrative organs; We should strengthen the internal supervision of procuratorial organs, and effectively improving the quality and efficiency of administrative procuratorial suggestions. |