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Study On The Law Enforcement Inspection System Of The Supervision Law

Posted on:2018-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:R WenFull Text:PDF
GTID:2346330515998715Subject:Constitution and Administrative Law
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“Law enforcement is not difficult to legislate,and difficult to do the law.”Law enforcement inspection of the NPC Standing Committee of all levels is an important means of legal supervision.As a new means of supervision,law enforcement inspection system is not overnight,but summed up over the years the success of practical experience,after more than 30 years of continuous baptism,and constantly develop a sound process,after the embryonic embryonic stage,the initial standardization of the institutionalization stage,and finally in 2006 was written “Supervision Law”.As an independent form of legal supervision,law enforcement inspection is in line with the needs of history,but also the inevitable requirement of the development of the NPC supervision system.And the “Supervision Law” as the starting point,the system to explore the law enforcement inspection system and the lack of legal measures,to give full play to the effectiveness of law enforcement inspection system is of great significance.According to the provisions of the “Supervision Law”,the Standing Committee of all levels is the main body of supervision,but the special committee has “the power to study,consider and formulate the motion”,to a certain extent,the significance of law enforcement inspection supervision,therefore,the special committee also has a certain subject of qualified space.Since there is no substantive supervisory authority at the chairperson's meeting or the meeting of the director,the chairperson's meeting or the director's meeting shall not have the subject of law enforcement inspection.According to the “Supervision Law” provides that the NPC Standing Committee of the law enforcement inspection object for the same level of the people's government,people's court,people's procuratorate.However,the vertical management and the coordinated development of the region together,bear the national macro-control and service of local economic construction of the dual function,therefore,the vertical management department should not become a blind spot for law enforcement inspection,should be subject to the supervision of the Standing Committee.At the same time,in order to make the law enforcement inspection work to maximize the effectiveness of law enforcement inspection should not be confined to the same level of the people's government,people's court,people's procuratorate,should the lower people's government,people's court,people's procuratorate as law enforcement inspection object.Although “Supervision Law” makes clear provision to the law enforcement inspection,some of the provisions of the principle of comparison,the lack of maneuverability.For example,the law enforcement inspection procedures are not clear,law enforcement inspection team selection criteria fuzzy,commissioned by the law enforcement inspection report review missing,supervision and public system is not perfect and so on.As a result,itis recommended that the law enforcement inspection procedures should be clearly defined,clearly define the selection criteria for law enforcement inspection teams,expressly stipulate the provisions of the inspection and inspection reports and the sound supervision mechanism.The “Supervision Law” does not clearly stipulate the legal responsibility for law enforcement inspection,but the legal liability to improve the effectiveness of law enforcement inspection can not be underestimated the significance,therefore,“Supervision Law”should set the legal responsibility,clear accountability,accountability methods content,and further improve the law enforcement inspection system to ensure the implementation of law enforcement inspection.As a new form of supervision,which is developed in practice,the law enforcement inspection system will play a greater effect with the continuous improvement of the“Supervision Law”.
Keywords/Search Tags:Supervision Law, Law Enforcement Inspection System, Effectiveness
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