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The Legal Effectiveness Of The Law Enforcement Inspection Of National People’s Congress Standing Committee

Posted on:2013-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H TangFull Text:PDF
GTID:2256330374474558Subject:Constitution and Administrative Law
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The Law Enforcement Inspection of the National People’s Congressstanding committee is an important power of legal supervision, TheSupervision Law Have specific provisions.But compared with listening tothe working report of government,court and procuratorate, approval ofgovernment budget and final accounts,development plan and report,theInspection of Law Enforcement is a very particularity way.At the same time,the effectiveness of Law Enforcement Inspection is under dispute.Althoughthe Inspection of Law Enforcement was widely used,it is often consideredas moderate and the effect is poor.There were a lot of Standing Committeesof local people’s Congress began to do some improvement andinnovation.The reason why there is such a dispute exists is that themethod of solving problems is rather special, it does not have the forceof law, and the effectiveness is modest which likes binding.And that iswhat this paper want to concern.When the former scholars researching on the Inspection of LawEnforcement, they mainly pay attention to the history of Law EnforcementInspection system or the improvement of the inspection.But the legaleffectiveness of Law Enforcement Inspection system is a important problem which worths discussing.If can confirm the legal effectiveness of LawEnforcement Inspection, it can not only give a detailed elaborating ofthe theory of the supervision of the National People’s Congress,but alsoconduciving to better play to the effectiveness of Law EnforcementInspection system.The author mainly adopts the empirical analysis methodand normative analysis method to find out the legal effectiveness of theInspection of Law Enforcement.In the first part, I made a summary of the Law Enforcement Inspectionsystem of China’s NPC Standing Committee.Firstly gave a briefintroduction of the resources of law, secondly analyzed the concept ofLaw Enforcement Inspection, thirdly introduced the legal effectivenessof the Inspection of Law Enforcement.In the second part, firstly carried out an empirical analysis of theInspection of Law Enforcement.The law inspected in Law EnforcementInspection are special, and the way of dealing with problems are also veryspecial. Besides giving a lot of forward reform ideas to thegovernment,court and procuratorate, there are more contentsIn the third part, I focus on the analysis of the legal effectivenessof" consideration" made by the component members of the Committee.TheConclusion is the "consideration" do not have force of law because of itsformation, legal provisions and voting procedures.In the fourth part, I analyzed the factors which affect the legaleffectiveness of Law Enforcement Inspection system, For example theinspection is not targeted, the information publicity is not enough, thelegal system are not perfect, and there is no force criticism.In the fifth part, I put forward the corresponding measures to solvethe problems discussed in the forth part to make the Law EnforcementInspection getting better. The legal effectiveness of Law Enforcement Inspection is a mildpolitical pressure or influence.If we can find out the specificcharacteristic of this system,we will be more scientific and theeffectiveness of Law Enforcement Inspection will be better.
Keywords/Search Tags:Law Enforcement, Inspection Legal, EffectivenessThe empirical analysis, Consideration
PDF Full Text Request
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