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On Realization Of The Supervision Right Of The People

Posted on:2015-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:A L ZhangFull Text:PDF
GTID:2266330422969565Subject:Constitutional Law and Administrative Law
Abstract/Summary:PDF Full Text Request
On the constitutional and civil rights in many respects would reflect, personal rights,property rights, right to education, but at the same time the citizens of supervisory authority asan important civil right, citizens also deserve recognition and attention. The people as mastersof the country, national staff as a people,"public servants" and that their rights should besubject to supervision, therefore, in order to better protection of the rights of citizens and toachieve that allows citizens rights capable of being maintained, more effective civilianoversight mechanism should be established. In our Constitution, the letters and complaintsregulations and other laws and regulations have improved civilian oversight system,guarantees the right to citizen oversight provisions of the law. From the description of thelegal provisions, into implementation of citizen oversight rights, much more effort andwisdom. At present, monitoring the realization of the right of citizens of our country has agreat deal of progress and development, but due to the political, economic, cultural and otherreasons, at this stage, our citizens ’ supervisory authority also has a lot of problems anddefects, especially a lot of citizen oversight rights are a mere formality.In this paper, first of all, from a legal analysis of the right to citizen oversight and startwith the research on the theory of citizen oversight rights at home and abroad, resolve "allrights belong to the people of the State," provides a citizen has the right to monitor thepremises. Through the research of citizen oversight rights at home and abroad, with a view toperfecting the right of citizen oversight for reference and reference better. And study of citizensupervision and realization of the right to form, through the citizen’s right of supervision ofthe subject, object, and content of the research, a better understanding of citizens ’ right tomonitor implementation. Second, analyses the main approaches of citizen oversight rights.From the citizens constitutional function of the supervisory authority, one of the citizen’s rightof supervision is the direct embodiment of citizen sovereignty, are important means ofupholding fundamental human rights and important ways. Thirdly, explore civilian oversightto achieve the main ways and existing problems. In China’s direct oversight over the main approaches include: reports, letters and calls, public opinion, proceedings. Problems in which,first, the legal system is not perfect, the constitutional rights of lack of refinement, secondpublic affairs closely enough to citizens to exercise their right of supervision and the right ofserious shortcomings, and thirdly, poor channels of citizen oversight, supervision ofimplementation blocked. Finally, according to their research, feasibility of creative proposals.I firstlyuse in the text of the comparative analysis of law, ancient through modern,Western and domestic constitutions lack of similarities and differences in the realization of theright to citizen oversight. Implementation of constitutionalism in Western capitalist andsocialist countries in the implementation of constitutional issues, more profoundunderstanding of our constitutional rights for civilian oversight issues in China at the presentstage. Then a historical analysis, at particular times and particular stage known phenomenonof Constitution, constitutional and constitutional law, only starting from the historicalconditions, to understand why these problems, how to solve these problems. Finally, there isthe combination of methods of analysis, legal studies is a practical discipline, law, research,only with practice can the true value, giving papers to vitality and relevance.
Keywords/Search Tags:Citizen, Oversight rights, Achieve
PDF Full Text Request
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