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Study Of The Problem Of Specific Problem Investigation Committee Of National People's Congress In China

Posted on:2020-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:S DaiFull Text:PDF
GTID:2416330599962254Subject:Science of Law
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Since the Eighteenth National Congress of the Communist Party of China,the cause of socialism with Chinese characteristics has stepped up to a new level in the new era,and the domestic political,economic and cultural levels have developed rapidly.At the same time,China's socialist democratic political construction has also developed,and the superiority of the people's congress system has been constantly highlighted.Particularly,as a part of the fundamental political system of our country,the investigation system of specific issues of the People's Congress is a means endowed by the Constitution and law to supervise "one government,one committee,two courts" and its staff,and plays a vital role in supervision.However,there are some problems in practice,such as lack of unified basic principles and imperfect related systems,which seriously restrict the exertion of the supervision function of the People's Congress.This paper expounds and analyses the concept,characteristics,status and operation process of the Commission of inquiry on specific issues of the People's Congress.In terms of concepts,the general viewpoint is adopted to give a brief overview,and the subject,object,method and content of the investigation are explained.Summarize and summarize six characteristics: temporary,authoritative,legal,prudent,ex post facto and auxiliary.Through a comprehensive analysis of the characteristics,enhance the understanding of the connotation.This paper expounds the connotation and essence of the power of investigation on specific issues of the People's Congress from three dimensions: its concept,nature and discrimination with the relevant powers of the People's Congress.Its theoretical basis,namely the theory of people's sovereignty and the theory of power restriction,is elaborated.The relevant provisions concerning the investigation committee on specific issues of the People's Congress from 1954 to the present are described separately in chronological order,and the development and distribution maps of the investigation committee on specific issues of the People's Congress in law are produced,which can more intuitively show the development panorama of the investigation committee on specific issues of the People's Congress.Parliamentary investigative agencies in the United States,Germany and Japan are analyzed respectively,and the investigative methods,investigative stages and coercive measures are described.This paper analyses the lack of unified basic principles in the practice of the Commission of Inquiry on Specific Issues of the People's Congress of China,and the imperfection of the current relevant system.It also analyses five aspects of the imperfection of the system,namely,the ambiguity of the mandatory measures,the imperfection of the investigation procedure,the ambiguity of the investigation time limit,the lack of openness and transparency in the investigation,and the ambiguity of the investigation scope.On how to improve the system of Investigation Committee on specific issues of the People's Congress,four principles are put forward to standardize the operation principle of investigation power on specific issues: the principle of investigation according to law,the principle of investigation efficiency,the principle of collective exercise of investigation power and the principle of exhaustion of power.In the aspect of perfecting the relevant system of specific problem investigation,five ways are summarized: giving the committee the power of compulsory investigation,perfecting the procedure of specific problem investigation,strengthening the open and transparent investigation,standardizing the time limit of specific problem investigation,and defining the scope of specific problem investigation.By constantly improving the system,the supervision function of the People's Congress should be strengthened in essence.
Keywords/Search Tags:specific problem, superintendence, legal institutions, investigat
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