Study On Legal Regulation Of Judicial Immunity Of The Representative Of The People's Congress

The system of people's congresses of China is the fundamental political system that ensures that people are the masters of their ownership.The national people's congress deputies are elected by way of election,expressing and expressing the will and interests of the people,and it shoulder the responsibility of representing the people in the management of various affairs of the country.participate in the management of national affairs.In order to ensure the normal operation of state power organs,it highlights the superiority of the people's congress system,It is necessary to provide legal protection for the NPC deputies to performance their duties in accordance with the law and to provide special law protection for their bodies.To support and guarantee the function of the people to exercise state power through the people's Congress and to give full play to the system of the people's Congress is how to play the role of the representative of the NPC.The judicial immunity of the representative of the people's Congress is one of the important contents of the system of the people's Congress,and it is also the guarantee of the right to play the role of the people's Congress to realize the main position of the people,and has an important influence on the construction and Realization of the democratic rule of law.The constitutional law of our country distinguishes the subject of judicial immunity from the representative of the people's Congress to the representative of the people's Congress at the county level and the representative of the first class Township People's Congress,and makes different provisions on the judicial immunity enjoyed by the people's Congress.At the same time,the time of the judicial immunity of the people's Congress is clearly divided into the period of the meeting and the period of the meeting of the people's Congress.And the corresponding rights protection methods are stipulated.However,in the actual operation,the value contradiction between the rights protection and the right limitation,the tension between the legislative provisions and the practice,and the imperfection of the election system and the corresponding supervision system of the people's Congress,have made the protection of the judicial immunity of the NPC deputies to be strengthened in some respects at the present time,and the judicial immunity of the people's Congress represents the judicial immunity.The scope and mode of protection are not clear enough,and there is no sound right relief procedure.Even some representatives of the people's Congress make use of this right to protect the existing problems,seek illegal economic benefits,evade administrative penalties and prevent criminal accountability procedures in time,resulting in the abuse of judicial immunity of the representative of the people's Congress.During the period of the meeting of the people's Congress,what kind of behavior of the people's Congress belongs to the function of performing representatives so as to enjoy judicial immunity,and there is a great difference in cognition between the relevant subjects of different regions and different levels.China's law clearly stipulates that during the period of the meeting of the people's Congress,the representatives of the people's congresses at all levels perform the functions of the representative according to the organization and unified arrangement of the Standing Committee of the people's Congress of the same level,so the representative of the people's Congress shall enjoy judicial immunity during the session of the people's Congress,and should be the representative line of the organization,not all the acts of the people's Congress.At present,the improper interpretation of the legal provisions of "retaliation for the deputies to the people's Congress" by the Standing Committee of the people's Congress and the examination procedure for the application of compulsory measures to the representatives of the people's Congress are not clear,which aggravates the adverse consequences of the abuse of the judicial immunity of the people's Congress,and has undermined the system of the people's Congress and the authority of the state organs.The frequent exposure of "Putian Municipal People's Congress representative Li Mou case" and "Zhang Mou drunken driving case of the representative of Zhou Ning county" shows that the abuse of judicial immunity of the representative of the people's Congress is regulated by law,and the legal mechanism of judicial immunity indiscriminate use of the NPC Representative is perfected from the angle of combination of legislation and practice.The major legal problems that need to be solved for theory and practice are the inevitable requirements for realizing the modernization of national governance system and governance capability.The purpose of regulation is to protect.The legal regulation mechanism of perfecting the judicial immunity of the NPC representatives contains two aspects.On the one hand,it is to clear the right boundary of the judicial immunity of the people's Congress,avoid the abuse of rights,on the other hand,to realize the legislative purpose of the judicial immunity of the people's Congress,to better protect the representatives of the people's congresses at all levels to perform their representative functions and to put the people's Congress to the people's Congress.The whole process of the realization of judicial immunity is brought into the orbit of the rule of law,so as to better protect this right so as to better protect the NPC deputies.This article includes the following four parts:The first part defines the concept of judicial immunity of NPC deputies.This part mainly introduces the concept of the judicial immunity of the people's Congress,and gives a brief introduction to the concept of the abuse of judicial immunity and the regulation of the judicial immunity of the people's Congress.Based on the theory of people's sovereignty,the theory of protecting democracy and the theory of power boundary,it provides theoretical support for the judicial immunity of NPC deputies.In the second part,a typical case is selected to discuss the existing problems of the judicial immunity of the NPC Representative,which is divided into two aspects: the status of the protection of the judicial immunity of the people's Congress and the abuse of the rights.At present,the judicial immunity of NPC deputies has inadequate application procedures and relief procedures in protection,and has a weak degree of protection for township deputies.The abuse of rights is mainly manifested in three questions: seeking unfair economic interests,evading administrative penalties and obstructing criminal accountability procedures.The third part analyzes the causes of the existing problems of the judicial immunity of NPC deputies.The main causes include the contradiction between the rights protection and the limitation,the tension between the legislation and the practice,the improper interpretation of the retaliation clause by the Standing Committee of the people's Congress,the unsound procedures for the examination and approval of the compulsory measures,the imperfect election system and the supervision system,in order to make a thorough and detailed analysis of the existing problems,thus making it to me The perfection of the legal regulation system of the judicial immunity of NPC deputies is more targeted.The fourth part is to perfect the legal regulation system of the judicial immunity of NPC deputies.It includes the basic ideas of perfecting the legal regulation system of the judicial immunity of the people's Congress and perfecting the principle of the people's sovereignty,the rule of law and the end of the judicature.Finally,it puts forward the concrete path to improve the legal regulation system of the judicial immunity of the people's Congress.