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On The Influence Of Supervision Law Towards Power Frame

Posted on:2008-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2166360215956299Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Rational distribution of power can not only ensure power effectively exercised, what is more, it can protect civil rights from violations of power. Thus, the rational distribution of power becomes a major issue in the Constitution field study field. Though the newly issued "he People's Republic of China People's Congress Standing Committee Supervision law" is aimed at supervision, but it also has great impacts on the distribution of power. Focusing on the supervision law, the thesis, divided into five sections, explored the content of the law, values, the influence it has on the distribution of power and its shortcomings:The essay starts with an in-depth interpretation of the law. Its content is as follows: listen to and review the special report of the people's government, people's courts and people's procuratorates; supervise the government's plan and budget; check the implementation of the laws and regulations; review the recording of normative documents. Meanwhile, discusses the law's creative points, that is, the system of concrete work report, the perfection of the legislative supervision system, the soundness of the judicial explanation review mechanism and the practical mechanism for executing the law.The second part analyses the realistic value of the law under the contemporary China context, and comes to the conclusion that while it summaries the domestic and foreign experience of power constraints, it sets a guidance and role model for the future democratic supervision.The third part centers on the influence of the supervision law towards horizontal distribution of power. Firstly, a comparison of world horizontal distribution of power is set forth. On that base, the theoretic and real operation of the horizontal distribution of power, between which some differences exist, is analyzed. In the end, the conclusion is reached, that is, Supervision Law clarifies the legislature power and the executive power and the judicial power.The fourth part centers on the influence of the supervision law towards vertical distribution of power. Firstly, a comparison of world vertical distribution of power is set forth. On that base, the theoretic and real operation of the vertical distribution of power, between which some differences exist, is analyzed. In the end, the conclusion is reached,that is, Supervision Law has a tendency of expanding the local power.At last, the essay points out some deficiencies in the Act, such as the weakening of judicial power, the absence of procedural provisions, and the negative impact part-time deputies have on the exercise of supervision power in particular.
Keywords/Search Tags:Congress Standing Committee, Supervision Law, Distribution of power
PDF Full Text Request
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