On The Construction Of People' Congress' Supervision To Individual Cases In China

Individual cases supervision,just as its name implies,is the supervision subject's supervision to specific cases.Therefore,the specific meaning changes with the change of subject and object of supervision.What we need to investigate is people's congress' supervision to individual cases.On the basis of the understanding of the subject of supervision,people's congress' supervision to individual cases has broad and narrow senses.People's congress' supervision to individual cases in narrow sense is the counterpart to supervision power of people's congress in the strict sense.Supervision power of People's congress refers to the mandatory power of the inspection, investigation,supervision,correction and handling to the state organs produced by it, through legal means and procedures.The power is exercised by the people's congresses and their standing committees at all levels,to ensure the implementation of state laws and protecting the people's fundamental interests,to prevent the executive or judicial abuse of power.To the narrow supervision there are different interpretations according to the different targets of supervision.In this paper,the author advocates the supervision in a narrow sense,which refers to people's congresses and their standing committees at all levels take the necessary means of supervision to the major typical wrong cases that may occur in people's courts,people's at the same level,or the illegal or wrong behaviors of the members the judiciary in dealing with cases,so as to promote judicial organs to activate internal monitoring procedures,to review or correct the cases,and to discipline the wrong doers according to law system.In this paper,the author tries to demonstrate the theoretical foundation and legal basis of the people's congress' supervision to individual cases,also the actual needs and the problems needed to solve,and to build and design systems and procedures of people's congress' supervision to individual cases.This paper is divided into the following four parts.The first part raises the questions of people's congress' supervision to individual cases,and analyses the concept of people's congress' supervision to individual cases and the reasons of its appearing,and discusses two different points of view,namely, for and against people's congress' supervision to individual cases,and the author clearly holds the view of supporting the supervision.The second part analyses the theoretical foundation and theoretical basis, constitutional and legal basis of people's congress' supervision to individual cases, and the author profoundly demonstrates the reasons for supporting people's congress' supervision to individual cases,and furtherly analyses the function of people's congress' supervision to individual cases.The third part,the author analyses the relationships that needs to be dealt with in people's congress' supervision to individual cases,such as supervision to individual cases and the judicial independence,supervision to inclividual cases and the internal cases supervision,supervision to individual cases and procuratorial supervision cases supervision,supervision to individual cases and individual cases supervised by the party committee,macro-supervision and micro-supervision(supervision to individual cases).Based on the previous parts,Part Four constructs and designs the system and procedures of people's congress' supervision to individual cases according to China's actual situation of China's National People's Congress:first certain principles should be abided by,then the scope and sources of people's congress' supervision to individual cases,finally the construction and designing of people's congress' supervision to individual cases.