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监所检察权实质上是刑事执行劳教监督权。刑事执行劳教监督权主要是行政执法监督权,而不是诉讼活动监督权。建议立法机关在修改法律时适当扩大人民检察院对行政执法行为的监督范围,将重要的限制或者剥夺人身自由的行政行为纳入检察机关的监督范围;同时借鉴行政监察法的规定完善检察机关对行政执法行为进行监督的职权和程序。
The procuratorial power of the prison is essentially the criminal right of supervision over labor camps. The right of criminal execution of supervision over labor education is mainly the right of supervision over administrative law enforcement, rather than the supervisory power of litigation. It is suggested that the legislature appropriately expand the scope of supervision by the people’s procuratorates over administrative enforcement of law while amending the law and include important administrative restrictions or deprivation of personal liberty in the scope of supervision of procuratorial organs. Meanwhile, it should also improve the prosecutorial organs’ Authority to monitor the powers and procedures.