The Inspection To Individual Cases Of People's Congress Councll

In the process of strengthing the function of People's congress Council,the corrupt phenomenon of judicatory still exists , more and more people pay great attention to the problem to inspect to individual cases of People's congress Council. But there are many different opinions about it and still hasn' t a consistant standpoint. ?This thesis demonstrate the unfeasibility of inspecting to individual cases from the following four aspests : the concept of inspecting to individual cases and its output reason ; the present situation of inspecting to individual cases ; inspection to individual cases and judicial reform ; the relation between foreign parliament and courthouse. This thesis also analyse the reasonable orientation of inspecting to individual cases.This thesis divides five part:Chapter I : The concept of inspecting to individual casesand its output reason. In the theories fields and actual situation fields , there is not a clear and definite concept of inspecting to individual cases. But through synthesizing each scholar' s opinions , we can conclude that the substance of inspecting to individual cases is that People' s congress Council not only inspects obviously false and mistake cases , the cases due to administration of justice neglects its duty (including judicial organ' s illegal behaviors , mistake cases and the possibility mistake cases), but also directly exercises its judicial powers when it is necessary . There are two reasons of inspecting to individual cases. First , judicial unjust is the actual reason of it;Second , the disadvantage of judicial supervision is the direct reason.In a word , the purpose of inspecting to individual cases is todecline the judicial unjust phenomenon to a lowest degree , suppress the judicial corrupt and enhance the judicial justice.Chapter II : The present conditon of inspecting to individual cases and its critique . First , from the law basis , constitution and law have not endow People' s congress Council the strict right of inspecting to individual cases . Second , analyse the present condition of practising inspection to individual cases . Finally , criticize inspection to individual cases . In so far as its main body , its scope , its function to practical cases , its influence to normal procedure and its actual result , inspection to individual cases exists a series of irregularity.Chapter III : Inspection to individual cases and judicial reform . First , from the relation between inspection to individual cases and judicial specialization . Inspection to individual cases and judicial popularity have close relation . The reasons are the following : One is that the presentatives are elected by the people , so it decided the supervision of People's congress Council is popular . The other is the start and operation of inspecting to individual cases have relation to' the motion of the crowd . Then^this part analyse the disadvantage and judicial justice must be specialization. So inspection to individual cases is unfeasible . Second , from the relation between inspection to individual cases and judicial independence , the principle of judicial independence has its history and it reflected the basis regulation of development of law of near and morden ages . Nowadays it becomes a political and legal principle abeied by the world . In addition , Inspection to individual cases and the neutual state passive position publicity , termination , authority of justice right have obvious contradiction . Finally , from the relation between inspection to individual cases and fair procedure , Inspection to individual cases and the standard of accepting cases , judging in court .relief procedure have great contradiction.Chapter IV : The relation betweeen the foreign parliament and courthouse .Though analyzing the relation of English parliament , American parliament and courthouses , we can conclude the supervision of foreign parliament to courthouse is macroscopic , it can not getinvolved in the judicial system and it can not inspect to the indivi...