Research On The Supervision Function Of The National People's Congress And Its Standing Committee On The Implementation Of Law

The Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Adhering to and Improving the Socialist System with Chinese Characteristics and Promoting the Modernization of the National Governance System and Governance Capability,reviewed and approved by the Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China,proposes to strengthen supervision over the implementation of laws.The comprehensive,effective and fair implementation of the socialist legal system with Chinese characteristics is inseparable from the strong guarantee provided by the legal implementation supervision system.The 1978 Constitution stipulated the supervision function of the NPC’s law enforcement.After a lapse of more than 40 years,the NPC’s law enforcement supervision function has reappeared in the Constitutional Law of the National People’s Congress Organization Law,which was revised in2021,and added the NPC Standing Committee as a new law enforcement supervision body.In the context of accelerating the construction of a higher-level rule of law in China,the establishment of the supervision function of the National People’s Congress and its Standing Committee on the implementation of laws is undoubtedly of great significance to the rule of law,and has considerable academic value for in-depth study.Based on this,this article starts from the principle clauses of the law enforcement supervision function of the NPC and its Standing Committee in the "General Provisions" of the National People’s Congress Organization Law,focusing on the supervision duties,roles and functions of the law implementation,and in-depth analysis of the return of this function to the NPC function system,and expand to the legal logic,institutional basis and normative basis of its permanent organs,and then discuss the practical problems of how this general function is carried out in the process of democratic rule of law construction.This paper focuses on the in-depth interpretation of the theory of law enforcement and law enforcement supervision,to reveal the structural and systematic construction of my country’s law enforcement supervision system,and to demonstrate from a systematic perspective that the National People’s Congress and its Standing Committee,as the national legislature,are responsible for law enforcement.The inevitability of the supervisory body and its role orientation,and then clarify the connotation,orientation,orientation,power boundary,organization and operation,optimization and improvement of its legal implementation supervision function.First,through the theoretical demonstration of the supervision of law implementation and its institutional system,it explains the legal basis for the establishment of the law implementation supervision function of the National People’s Congress and its Standing Committee;secondly,it deeply analyzes the value orientation and development of the law implementation supervision function of the National People’s Congress and its Standing Committee.The law of evolution,demonstrate the principle of democratic supervision implemented in the function setting and development,and then use the legal and normative analysis method to sort out the text of the power structure of the function setting,and demonstrate the basis for the supervision power of the function setting and expansion;finally,focus on discussing from the practical level The organization and operation of functions focuses on responding to practical issues such as the distribution of functions between the two supervisory bodies of the National People’s Congress and its Standing Committee.The specific writing arrangement is as follows: The first chapter focuses on sorting out the concept and scope of law enforcement,focusing on the basic theory of law enforcement supervision,and the construction logic of the law enforcement supervision system.Firstly,the concept and scope of law enforcement are analyzed,and the logical connection between law enforcement and law enforcement supervision is clarified;secondly,starting from the mutual relationship between law enforcement and law enforcement supervision,it discusses the inherent legal principles of law enforcement supervision and the legal implementation supervision.institutional structure.Through theoretical analysis,the legitimacy of the construction of the law enforcement supervision system and its function of the rule of law are explained,and the systematic path of the system is clarified.The second chapter focuses on the basic positioning of the NPC and its Standing Committee’s law enforcement supervision functions.Functions involve role clarification,responsibility definition,and functional analysis.First,by analyzing the theoretical disputes existing in the current concept of "legal supervision",it clarifies the relationship between the supervision of the implementation of the law and the supervision of the law.Secondly,from the three dimensions of roles,responsibilities and functions,it focuses on demonstrating the legitimacy,positioning and connotation of the establishment of the law enforcement supervision function of the National People’s Congress and its Standing Committee.The third chapter is necessary to sort out the history of the legal supervision system of the National People’s Congress,so as to accurately understand the complete connotation of the legal implementation supervision function of the National People’s Congress and its Standing Committee,and to reveal the logic of its development and evolution and the institutional significance of functional reconstruction.The fourth chapter mainly cuts into the internal connection between my country’s democratic supervision system and law enforcement supervision system from the perspective of legal politics.By revealing that the political construction of "people’s democracy in the whole process" needs to strengthen the democratic supervision of the "whole process",and democratic supervision relies on the internal logic of the supervision of the implementation of the law,it demonstrates the democratic orientation of the supervision function of the NPC and its Standing Committee on the implementation of the law.Chapter 5 focuses on the normative texts of the Constitution and related laws,in-depth explanation of the powers and powers of the National People’s Congress and its Standing Committee on the allocation of legal implementation supervision functions.The constitutional and legal protection of a function.The sixth chapter focuses on the analysis of the organizational operation of the law enforcement supervision function of the National People’s Congress and its Standing Committee,and discusses the organizational guarantee mechanism for the operation of the law enforcement supervision function from the two dimensions of the internal operation of the function and the transmission of the function outside the organization.The last chapter focuses on the scientific and rational allocation of internal functions,responds to the demarcation of the legal implementation supervision function of the National People’s Congress and its Standing Committee,and proposes how to improve the operational performance of the legal implementation supervision function and conduct effective and standardized supervision in the main links of legal implementation activities.Countermeasures suggested.