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Research On The Procedure Of The Citizen Participation In Power Supervision

Posted on:2012-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q HuangFull Text:PDF
GTID:2216330338970772Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China has entered the new Period of socialist rule of law in Nation-building, power supervision mechanisms is an important aspect of the rule of law, and the participation of citizens in power supervision because of their uniqueness as a supervision mechanism leading an important component. The constitution and the law give the citizen the right of participation in power supervision, The citizens shall enjoy the right to supervise the state organ and its personnel supervision to exercise state power. It plays an important role in preventing power corruption effectively, promoting the state organ and its personnel cultivation of constructing socialist harmonious society. With the opening up and further development of market economy, China's the participation of citizens in power supervision in a number of positive and effective to the practice and exploration, the form of civil rights oversight, the channels have been opened up and expanded, and citizens have the right to over see the substantive content of the advance. But it should be noted that at this stage of the civil rights monitoring in their practice because of the political, economic, cultural, and their own qualities, and many other factors, there are still many problems, such as: the opening of government information is insufficient, the citizen participation power supervision is lack of necessary premise condition; the procedural law about the participation of citizens in power supervision is still incomplete; The channels of the participation of citizens in power supervision is unblocked, lack of political rights enough in the sense of freedom of expression; people do not have a strong sense of supervision and so on. with the result that the role of supervision of civil rights is far from to not function effectively, the formation of the legal system of China's great restraint.This paper will summarize the basic theory of supervision and power supervision from the view of jurisprudence, the western theory of people sovereignty, power restriction as the theoretical guidance, preliminarily analyze the status quo of the citizen participation in our power supervision. Discusses the problems of our citizens to participate in power supervision mechanism in the main subject, object and environment aspect. And analyze from supervising mechanism's legal system barrier, the institutional barrier, the aspects of political culture difficult and so on, thus proposed the perfect measure to this supervising mechanism:We should put forward some recommendations on how to perfect rule of law by pointing out the way to perfection requires a set of precise, reasonable, scientific and highly-efficient system. The author then continues to highlight how to regulate power supervision in scientific and systematic manner through perfecting systems, clarifying the responsible body, amending present laws, completing procedural requirements and legal supervising system as well as multiplying judicial remedies. Strengthening supervision of public opinion system participates in the authority surveillance with the citizen unifying, raising the citizen legal belief, takes the rights of citizens consciousness, sharpens the citizen political participation ability.
Keywords/Search Tags:power supervision, citizen participation, procedure
PDF Full Text Request
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