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Research On The Procedures Of The National People’s Congress Law Enforcement Inspection

Posted on:2015-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y S LiuFull Text:PDF
GTID:2266330428468651Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Supervisory authority is the divine power of The National(local)People’s Congress and its Standing Committee given by the Constitution and the law. The National(local)People’s Congress Law enforcement inspection is an integral part of The National(local)People’s Congress supervision power, which is responsible for undertaking missions of effective implementation of the constitution, laws, regulations, correcting behaviors of lax law enforcement and injustice judicial, protecting the legitimate rights and interests of citizens and other organizations, linking up and improving the legislation. The National(local)People’s Congress Law enforcement inspection is mode of native product summed up by China local people’s congresses at the process of exploration supervision there is no precedent and the western advanced experience for reference. Proceduret of the law enforcement inspection is not only a process to check "government houses"during the execution, applicable laws, regulations, and also to examine and revise laws and regulations in the process, but also show the people’s Congress itself work style and the role of the process, its ability to Achieve tangible results can directly affect people’s Congress image and authority among the masses of the people. After thirty years of practice, especially the introduction of supervision law, The National(local)People’s Congress Law enforcement inspection is increasingly standardized, institutionalized, legalized, daily, although obtained a certain result, with the Supervision Law and the supervision over the implementation of the law on the way, content regulation,supervision and rules of procedure of the law to further refine, the country accumulated a lot of experience in carrying out the inspection, but due to the lack of specific and feasible operating procedure and principles of the existing legal norms,Resulting in the presence of arbitrary enforcement inspections mere formality, Cursory,boast scores to avoid the problem, avoid heavy weight effect and other aspects of the problem.Therefore,to enhance the effectiveness of The National(local)People’s Congress Law enforcement inspection is necessary and inevitable.The paper which takes The National(local)People’s Congress Law enforcement inspection procedure operation as the breakthrough point, and takes realizing The National(local)People’s Congress Law enforcement inspection procedures as destination,Investigates operational procedures, problems,and then propose appropriate principles and specific measures to Congress for future inspection of law enforcement to provide reference.Specifically, this paper is divided into the following four parts:The first part introduces the concept and characteristics of The National(locaI)People’s Congress Law enforcement inspection;followed by comparison with the west, the provisions of the existing law, the reality and then put forward the examination three basis of theory, legal, real;then draws that The National(local)People’s Congress Law enforcement inspection is irreplaceable by comparating analysis with after evaluating the legislative,the administrative law enforcement supervision, inspection and supervision; once again indicates the role of The National(local)People’s Congress Law enforcement inspection;finally objective shows the historical development process of The National(local)People’s Congress Law enforcement inspection.The second part first elaborats The National(local)People’s Congress Law enforcement inspection procedures for the inspection of law enforcement of the situation from the plan until the review and implementation phase;Then analyses five issues of The National(local)People’s Congress Law enforcement inspection procedure:program topics are unscientific, lack of personnel selection procedures, the absence of procedural safeguards inspection, inspection commission program is blank, inspection and supervision program is missing.The third part is mainly about The National(local)People’s Congress Law enforcement inspection procedures of the meaning and significance, set the tone for subsequent procedural measures.The fourth part discusses the key point to realize The National(local)People’s Congress Law enforcement inspection procedures:the unity of thinking; secondly the procedural principles, mainly procedural public principle, public participation principle, procedure justice principle, thus providing theoretical direction;finally,Investigates specific measures of The National(local)People’s Congress Law enforcement inspection procedures,mainly, Refining the program topics, building personnel selection procedures, building security check procedures, building inspection procedures to trust and inspection and supervision procedures.1hope that These measures can provide reference for future theoretical research and actual conduct of The National(local)People’s Congress Law enforcement inspection,and can offer further modest for comprehensively deepen reform and rule of law in force China.
Keywords/Search Tags:The National People’s Congress Law enforcement inspection, procedures, critical, principles, measures
PDF Full Text Request
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