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我国虽然初步建立了对抽象行政行为的审查体系,但行政法规、规章之外的抽象性行政行为,其数量更多,对公民权利的影响更大,尚处于监督的盲区。一直以来,我国国家权力构建强调的是民主集中性,今后司法改革应充分考虑国家权力之间的相互制约。在违法“红头文件”泛滥的今天,赋予检察机关对抽象行政行为,特别是行政法规和规章之外的抽象行政行为的监督权已是现实使然。
Although our country initially established a system of censorship of abstract administrative acts, the number of abstract administrative acts other than administrative regulations and rules is even greater, which has a greater impact on civil rights and is still in a blind spot of supervision. All along, the construction of our country’s state power emphasizes the democratic centralization, and the future judicial reform should give full consideration to the mutual restraint between the state power. Nowadays, the power to supervise prosecutors on the abstract administrative acts, especially the administrative acts of abstinence beyond the administrative rules and regulations, is a reality now that the illegal “red tape” flooded.