The Refleciton And Innovation Research Of People’s Congress Supervision Jurisdiction System

People’s Congress as the State authorities, generated by national judicial authorities(people’s courts and people’s procuratorates) monitoring is an important right of theconstitutional position. People’s congresses and their standing committees exercise the powerof judicial supervision according to law is to safeguard judicial fairness objective needs.NPC’s supervision the essence of the right to justice, in accordance with the terms of theConstitution and the law, constraints on national jurisdiction, in order to guarantee itsauthority in accordance with the will of the people and the need to operate. The status andnature of the National People’s Congress in the process of the development of the theory andpractice of socialist democracy supervision has been unable to attract enough attention, thusneglecting the independence of supervisory of the National People’s Congress and affectingthe process of democracy and law in China. The People’s Congress system is fundamentalpolitical system in China and all levels are the strong carrier for delegation of powers and theright to supervise, and which support our people fully express their mind, achieve thecomprehensive consensus. At present we must study to enhance the question of the role of thejudicial supervision of the NPC in the judicial corruption long refractory distress. How peopleto exercise unified justice in the supervisory and jurisdiction, which is a very importantconstitutional proposition in theory and practice in the national rights allocation system underthe system of People’s Congress.Based on existing legislation, this paper explains the people’s congress supervisionjurisdiction system and examines the history formation, the evolution process and systemvalue of the judicial supervision of the National People’s Congress; this paper intents todevelop the relevant provision of judicial supervision of the NPC in the existing law,investigates the status of judicial supervision of the NPC, and depth analysis the problems andcauses; Long time, status of the supervision of the National People’s Congress and itsStanding Committee on the judiciary, oversight function to be insufficient, if the NationalPeople’s Congress on judicial supervision of long-term deficiency condition will seriouslyundermine the authority of the people’s Congress supervision. In order to solve this problem，investigating how to start from the perfect lines of authority and legal norms to the relevant law to re-recognize the legitimacy of the NPC trial supervise, and at the same time, theimproved scheme that is about supervision according to law, adhere to the principle ofindependence of the trial, to prevent the abuse of power, to prevent local protectionism, toperfect the legal liability, which can guarantee independent adjudication and prevent judicialcorruptionThe paper is divided into four chapters.The first chapter is the overview of the judicial supervision of the Local People’sCongresses. It focuses on historical evolution process、system value and supervisory contentof the judicial supervision of the NPC, and analysis the unity of the judicial independence、prescribed supervision and judicial justice.The second chapter explains the main content of the judicial supervision of the NPC. Tosome extent, legislation reflects the difficulties of the NPC supervision and democraticprocess, so it is necessary that analysis the four aspects which includes legislation supervision,the law enforcement inspection, supervision work and personnel supervision.The third chapter focuses on legal basis and running status of the judicial supervision ofthe NPC. NPC is the organs of State power in China, and Western countries the principle ofseparation of powers and checks and balances is different, and right to judicial supervision ofpeople’s Congress, as an important State, the legal basis for its authoritative and wide-ranging.The judicial supervision of the NPC has the authority and extensive legal basis, which as animportant state power. It has legitimate and clear operational mechanism. The supervisionpower between the NPC and the count is conferred by the constitution and laws, and is alsothe judicial status of an urgent need. But in reality the supervisory between the NPC and thecount appears contradictory phenomenon, namely offside and the problem is not in place. Inorder to solve this problem, first recognizing the independence of the judiciary and judicialsupervision of people’s Congress to exercise judicial power in the logic; second strengtheningsupervision of consciousness points and placing correctly the position and attitudes in theirthoughts; last consciously accepting the State authorities on judicial supervision.The fourth chapter thinks the means of improvement of the judicial supervision of theNPC. Social fairness and justice is the common desire and pursuit of human society, is thevalue pursuit of the Socialist rule of law. Justice is the last barrier of protection of citizens ’ rights, the achievement of social justice. Judicial organs and holds the State trial judges,prosecutors, prosecutorial power, to prevent the abuse of power, it is necessary for effectivesupervision of judicial power. The purpose of the supervision is to supervise and support theCourt impartial justice, thus the trial independent is the premise of the impartial justice,judicial corruption will lead to unfair judgment. Therefore, the improved ways of supervisionshould be selected to the two approaches of protect judicial independence and preventcorruption.Therefore, to keep people working around the court handling cases according to the law,impartial justice as the Center, it is necessary to properly carry out its oversight functions,neither negligence nor ultra vires in the monitoring process, insisting on something forsomething does not.