The People’s Congress Of The Case Study Of The Supervision System

In China’s current existing judicial corruption, the miscarriage etc. Phenomenon, make the judicial reform into the trend of The Times. The way to judicial reform, academic proposed two different point of view:The first view is that the judiciary should be separated from the supervision of the National People’s Congress, the full realization of "judicial independence"; The second view is that the judiciary not only can not be separated from the supervision of the NPC, but the National People’s Congress should strengthen the supervision of the judiciary.This article in favor of the second view, discussed in the same time, in its emphasis on the supervision by the NPC and the courts of "judicial independence" principle of unity. Academic circles there are two views on the path of the National People’s Congress on the court-supervised:A view of the National People’s Congress should not be involved in court for trial of "case"; Another argument for the supervision of the court’s must touch "case", otherwise the National People’s Congress’s supervision will be eroded. This article for the second view, and "cases supervision" of the constitution and the law basis and the "supervision cases" positive role are discussed in this paper. On the analysis of the current "cases supervision" of the current situation and existing problem of our country’s National People’s Congress "cases supervision" of the system established put forward the idea.This text is divided into four parts:The first part:For academic circle on judicial reform two ways of debate, this part from the point of view of the theory and empirical analysis of the National People’s Congress on the necessity of the court supervision, and emphatically to receiving the attention of the National People’s Congress and the supervision of the relationship between the trial independence were discussed.The second part:the academic circle on the concept of the NPC cases supervision, discusses the rationality of the debate, and put forward the supervision cases in our country to exist of the constitution and the legal basis and the role of, in order to demonstrate cases supervision system of rationality. The third part:Discussed and analyzed the problems of case supervision in the implementation process of the NPC and its Standing Committee as well as above the county level people’s congresses and their standing committees at all levels of cases carried out supervision of the status quo.The fourth part:To our country cases supervision system establishment puts forward ideas, puts forward cases supervision system, we should adhere to the principles, and put forward the cases supervision system contains the main content.