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On The Supervision Of The People's Congress And Its Standing Committee On The Government, The Court And The Procuratorate

Posted on:2004-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:L H ZhuFull Text:PDF
GTID:2156360122995405Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The supervisorship that the people's congress and its standing committee exercises on the government, the court and the procuratorate is important function and power of the organ of state power endued with by the Constitution and Law. To research into the theory of such supervision conduces to supplying not only a gap of theory study, but also a theory-reference to the corresponding practice.The essay firstly differentiates and analyses the word of supervision to research into its basic connotation. Then it comes to the keystone of the study of the essay - the theoretical basics of law of supervision of the people's congress on the government, the court and the procuratorate. It deems that such supervision is of Tightness, which is to say, supervision of the people's congress is embodiment of the people's dominion, demand of preventing power-abuse and ensuring unification of legal system. Supervision of the people's congress on the government, the court and the procuratorate is of both Tightness and practical rationality, of which the latter embodies: supervisorship is prescribed by the Constitution and Law and decided by the status of the people's congress; a finite and responsible government is in need of supervision by the people's congress; maintaining fair administration of justice and relative judicial independence is the main reason for the people's congress supervising the judicial system.After analyses of the basic theory of law, the essay explores into the structuring principles and running fundamentals of supervision of thepeople's congress on the government, the court and the procuratorate. To deepen its study, the essay reviews the status quo of such supervision, analyses in depth its involved issues including government finance, government responsibility and judicial cases, and finally proposes several countermeasures and suggestions to perfect the supervision system of the people's congress on the government, the court and the procuratorate. The main countermeasures namely are: making the supervision system of the people's congress more healthy and combining affairs-supervision with the relative party-supervision; clarifying disposition power of the organ of state power; defmitizing the procedures of normalizing enquiry and inquiry; establishing a credit voting system; enacting and promulgating a law of supervision as early as possible.
Keywords/Search Tags:The People's Congress, The Government, the Court and the Procuratorate, Supervision n. / Supervisorship n. / Supervise v.
PDF Full Text Request
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