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非诉行政执行检察监督有其必要性。当前检察机关在非诉行政执行监督过程中面临着缺乏可操作性的规范、监督刚性不足、难以有效监督法院选择性执法、案件来源匮乏等困境。建议明确非诉行政执行检察监督的原则,坚持依法监督原则、执行救济前置原则、超然性原则等。同时,明确非诉行政执行的受案范围、案件来源、监督方式和审查机制,推进非诉行政执行检察监督的完善与发展。
Non-prosecution of the implementation of procuratorial supervision has its necessity. At present, the procuratorial organs face the norm of lacking of operability in the process of supervising the non-prosecutorial administration, the rigidity of supervision is not enough, it is difficult to effectively supervise the court’s selective law enforcement and the source of the cases is lacking. It is suggested that the principle of procuratorial supervision over non-litigation should be clearly defined, the principles of supervision in accordance with the law should be adhered to, the principle of preemptive relief and the principle of transcendence should be implemented. At the same time, the non-prosecutorial administrative enforcement of the scope of the case, the source of the case, the mode of supervision and review mechanism to promote non-prosecution of the implementation of the prosecution supervision and improvement and development.