Research On The Improvement Of The Chinese People's Congress Law Enforcement Inspection System

The law enforcement inspection system of the People's Congress is a system for the inspection of the implementation of laws and regulations by the People's Congress.It is a system that the Local People's Congress at different levels and the NPC gradually formed and developed in the way of exploring the supervision of the People's Congress.After more than 30 years of continuous development,especially with the promulgation of the<Supervision Law of the Standing Committee of the People's Congresses at all levels>(hereinafter referred to as the<Supervision Law>),the law enforcement inspection system was formally recognized and fixed by the law,and the law enforcement inspections were carried out.It is not only a way for the People's Congress to exercise its supervisory power,but also a legal power of it.The law enforcement inspection system of the People's Congress has been reforming and perfecting in the development and exploration of the past three decades.With the full implementation of the legal administration,judicial reform,and supervision system reform in the new era,the original law enforcement inspection system needs to be constantly improved to adapt the development of the new era.This thesis is divided into three parts.The first part is an overview of the law enforcement inspection system of the People's Congress.It introduces the law enforcement inspection system of the People's Congress from five aspects:the concept,legal effect,role,development process and inspection procedures of the inspection system of People's Congress law enforcement.It focuses on the relevant theories of the supervision power of the National People's Congress,and then provides a theoretical basis for discussing the concept and legal effect of the People's Congress's law enforcement inspection as the way of exercising the supervision power of the People's Congress.It also discusses the rationality of the People's Congress's law enforcement inspection of the judicial organs and the supervisory committee-:,and Provides a theoretical basis.The second part is about the characteristics of law enforcement by different types of state organs and the problems that the People's Congress has in it,the enforcement laws of different laws are different,although the law enforcement inspections of the People's Congress are conducted in accordance with the law.The law enforcement inspections of the People's Congress cope with different types of state organs because of different provisions of inspection laws.Different types of state agencies also have different characteristics in their law enforcement due to different working mechanisms.Therefore,the People's Congress should take targeted enforcement inspection measures according to the characteristics of law enforcement by different types of state organs.This chapter divides state organs into administrative organs,judicial organs,and supervisory committees according to their functions.It also analyzes the characteristics of law enforcement of the above-mentioned different types of state organs and the problems that the People's Congress has in the law enforcement inspections of the above-mentioned state organs.Firstly,the analysis of administrative organs and administrative organs has basic and extensive characteristics.The law enforcement inspections of the administrative organs of the People's Congress have problems that the number of inspection subjects is insufficient,the examination topics lack specific norms,and the inspection methods lack scientific nature,and the inspection effectiveness is limited.The second is to analyze the judicial organs.Firstly,it is pointed out that Article 27 of the<Supervision Law>clearly stipulates that the People's Congress has the right to conduct law enforcement inspections of the judicial organs,and then analyzes the independence of law enforcement by the judicial organs.The independence is not only manifested in externally independent cases,but also internally handled personnel.They are also independent of each other,and they also clarify the relationship between law enforcement inspections and prosecutorial supervision of the People's Congress.It points out that the People's Congress has a low frequency of inspections on the law enforcement inspections of the judiciary,and the examinations rarely involve the main contents of the judicial work.The inspection methods are single,and basically there is no inspection effect.In the process of analyzing the problem,the main reason for the analysis of these problems is that the People's Congress does not check the specific case in order to avoid the disputes of case supervision.However,the main task of the judiciary is to examine specific cases,not involved in specific cases lead to the law enforcement inspections of the judiciary have become formal.The third is to analyze the supervision committee,pointing out that the law enforcement committee has a strong political and confidential nature,and expounds the rationality and legal basis for the People's Congress to conduct law enforcement inspections.The third part proposes the law enforcement of the administrative and judicial organs from the four aspects of subject,object,inspection method and effectiveness guarantee according to the characteristics of law enforcement of different types of state organs proposed by the second part and the problems existing in the law enforcement inspection of different organs by the People's Congress.Improvement measures for inspections and possible measures to conduct law enforcement inspections of the Commission.The improvement measures of the administrative organs refer to the innovative exploration of the“three linkages”law enforcement inspection in Hebei province and combine the practical experience of the author to participate in the inspection and inspection of administrative organs,It mainly proposes the improvement measures for the law enforcement inspection of the administrative organs by the People's Congress from the participation degree of the expanded inspection and the scientific aspect of the enhanced inspection.The improvement measures for the law enforcement inspection of the judiciary seek to avoid case supervision,but at the same time,it does not make the law enforcement inspection of the judicial organs flow in form,and proposes law enforcement inspection measures for specific cases without affecting the independence of the judicial organs.The examination of specific cases reveals the problems of the judicial organs injudicial activities and corrects them through reasonable procedures to safeguard judicial justice.The possible measures for the law enforcement inspection of the supervision committee were discussed.According to the characteristics of the supervision committee and the confidentiality of law enforcement,the law enforcement inspection and inspection measures jointly conducted by the joint party committee and the results of the inspection and the party's internal regulations were proposed,it points out a possible path for scholars to study how to effectively supervise the supervision committee.