Comment On The National People's Congress Supervision To The Judiciary

The surveillance of National People's Congress to the judicature is all levels of National People's Congress and the standing committee legally exercises the judicial authority and the examination power activity surveillance to the same level people's court and the People's Procuratorate. In our country under the National People's Congress system state power disposition system, how causes National People's Congress to the judicature the surveillance and the judicial authority, the examination power independently exercises legally unifies in the judicial fair goal, in the theory and the practice all is the constitutional government proposition which has heavy responsibilities. Based on above understanding, this article first supervises and the trial independent relations take National People's Congress as a sample, summarizes the model educational world encompassment case inspector general and the judicial reform viewpoint debate, and outline the author viewpoint in should however the stratification plane. Placed on trial the independence, the examination independent legal regime to our country has carried on the analysis, and with "separation of powers" the jurisdiction independence has carried on the comparison, proposed the author thought might supply the model several enlightenment. Through supervises judicial to the constitution about National People's Congress the text connotation to carry on the tracing discussion as well as "National People's Congress Standing committee Supervises Law to People's Republic of China All levels of to carry on the evaluation, supervised judicial to National People's Congress and the judicial relations as well as National People's Congress the legal formality to carry on the rational ponder. Bases the present legislation, inspects National People's Congress to supervise the jurisdiction the level establishment and the stress, and supervised judicial to National People's Congress the necessary system and the real diagnosis operation has carried on the analysis. Supervises the judicature regarding National People's Congress to involve the case the question, has institutional through the concrete analysis judicial organ interior surveillance to be insufficient, pointed out the National People's Congress case surveillance exists the atonement value, thought National People's Congress supervises the case to have with the trial surveillance, the examination surveillance to realize the surveillance standard legal unification. The full text altogether divides five chapters.First chapter,revolves the National People's Congress inspector general judicature and the trial independent relations, the judicial reform goal to the educational world advocated as well as the National People's Congress case surveillance different viewpoint has carried on the summary, has analyzed the jurisdiction independence, the legal surveillance and the judicial fair unity.Second chapter, placed on trial the independence, the examination independent system structure to our country has carried on the explanation, right "the separation of powers" under jurisdiction independence connotation carried on carefully examined, analyzes our country to place on trial the independence and the West jurisdiction independence difference and the enlightenment.Third chapter, the National People's Congress system has carried on the theory tracing to our country, has analyzed our country the National People's Congress system practice limitation the influence which supervises to the people; Right "54" the constitution and "82" in the constitution National People's Congress supervised and the jurisdiction independence text meaning as well as National People's Congress supervises judicial the way to carry on the discussion.The fourth, chapter foothold present legislation, elaborated National People's Congress supervises the jurisdiction the basic connotation, supervised the jurisdiction to National People's Congress the level establishment and the necessary system has carried on the analysis; National People's Congress supervised judicial to "Surveillance Law" the principle and the system establishment has carried on the evaluation.The Fifth chapter .through supervises the judicature to National People's Congress to be supposed however the government by law function and the localization analysis, thought National People's Congress should consummate from the overall situation angle and strengthen to the judicial organ interior surveillance surveillance, proposed National People's Congress supervises the judicial content the frame suggestion.