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基于权力运行的规律,中国宪法奠定了人民检察院国家法律监督机关的地位,包括对行政权的监督。中国检察机关监督理论经历了一个曲折的发展过程,从借鉴前苏联的一般监督理论,到对其废除,再到法律监督理论的提出,有着历史与现实的必然性。在面对不断膨胀的政府权力所带来的一系列社会问题时,对检察监督理论重新梳理,以确认并不断加强对行政权的监督,这已成为了理论界与实务界的当务之急。
Based on the law governing the operation of power, the Chinese Constitution has laid the position of the supervisory organ of the state law of the People’s Procuratorate, including the supervision of administrative power. The supervision theory of procuratorial organs in China has undergone a tortuous process of development. From the general supervision theory of the former Soviet Union to its abolition, and then to the legal supervision theory, there is a historical and realistic necessity. In the face of a series of social problems brought by the ever-sweeping government power, it is urgent for theorists and practitioners to review the theory of procuratorial supervision in order to confirm and continuously supervise the executive power.