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The Exercise Of Investigation Power In The NPC Recall Cases

Posted on:2018-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:J GaoFull Text:PDF
GTID:2346330542461604Subject:legal
Abstract/Summary:PDF Full Text Request
The power of investigation of National People's Congress and its Standing Committee is the right for National People's Congress and its Standing Committee to find out relevant facts when exercising the right of legislation,appointment and removal,decision,supervision and other constitutional authority.It is an auxiliary power,as investigation isn't the purpose but a means of achieving specific power.The power of investigation in recall cases of National People's Congress refers to the right of the investigation committee,which is established by NPC or NPC Standing Committee,to investigate the reasons for recall.The investigation respondents are members of the government,the people's court and the people's procuratorate who are recalled.The exercise of the power of investigation in recall cases of National People's Congress is important for verifying the reasons of recall,protecting citizens' right to know,maintaining the legitimate rights and interests of the recalled,protecting the authority of the supervision of the National People's Congress and strengthening power constraints.However,this important power haven't been attached importance to.On the one hand,the “constitution”,the “supervision law” and the other law define it as the power of specific questions investigation,which power is exercised by establishing investigation committee.On the other hand,this power haven't been exercised.In recall cases of National People's Congress,National People's Congress and its Standing Committee always recall officials or NPC deputies after they have been investigated by Discipline Inspection Commission.The supervision authority of the NPC in the recall case can't be fully reflected.To completely implement the right of recall of the National People's Congress,and strengthen the supervision authority of the National People's Congress,we need to improve the recall system from all aspects.It's a crucial step to take advantage of the power of investigation in recall cases of National People's Congress,and exercise actively.Therefore,we need to correctly grasp the basic principle of investigation power in the NPC recall case.,on this basis,put forward some suggestions from changing concepts,clearing principles,straightening out relationship,and improving procedures,hoping all of this can be useful exploration for the exercise of investigation power in the NPC recall cases.
Keywords/Search Tags:the NPC recall cases, the power of investigation, Investigation committee
PDF Full Text Request
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