Font Size: a A A

On The Supervision Of The NPC Cases Normative Foundation

Posted on:2013-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:W J DuFull Text:PDF
GTID:2246330395979773Subject:Legal theory
Abstract/Summary:PDF Full Text Request
From the reform and open policy, our country’s political economy having huge changes, inthe establishment of the socialist market economy system of the realization of the target tocontinually. Construction of the socialist country ruled by law goal is also in constantdeepening, supervision cases will is in the late1980s developed a supervision, in1984theNational People’s Congress standing committee on county of Liaoning of\"three lawyerscase\" as the first cases supervision to now, supervision cases after28years time, in the28years, supervision cases like swing in the wind of the kite, for its controversial always didn’tstop. And the dispute also always stay in cases supervision should be reserved or shouldabandon, one thing in no clear why exists to determine its future whether it should be existingproblems, is some assumptions. Just pure discuss the problem of waste left or is meaningless,change a new way to look at cases supervision is necessary. Comprehensive evaluation relatedscholars supervision cases point of view. Find the same and different between scholars in,what the different source. As a starting point, and that is the legal standard from a new Angle,the thorough understanding of the inner lawmakers the purpose of legislation, understand whysupervision cases exist, there exists the present and future should be in what way, theproblems of this kind of research can reflect the value of it more. Looking for supervision ofthe cases of legal regulations, and not to be a provision of the law blind imitation. This willneed to understand the purpose of legislation and supervision of the cases supervision andconnotation. The interpretation of the clauses is summarized by law to the supervision of theform, and the reality of identity and contradiction case analysis. Power and power standarddefinition. People’s congress as a legislative supervision ensures the exercise of politicalpower, the National People’s Congress as supervision organs of the law system supervisionensures internal consistent, the National People’s Congress’s supervision ways to theclassification of the relative system, looking for the supervision of the cases source has itsresearch significance. It is the existence of a social foundation and the value significance, butin reality the supervision cases in the practice of the problem, because the content and thestandardization of the power of the lack of program. Starting from the real case, the power ofthe problem of standardization as a guide, analyze the supervision cases in practice thedeficiencies and produce at present the causes of them, through to the legal standard andpractical life the cases in the differences of the supervision, analyzes why can appearsupervision of power of standardization phenomenon. Including institutional reasons andsocial reason two aspects, including specific said retrial procedure start the degree of difficulty,the laws and regulations for the supervision of the cases the specific procedures shall not clear,National People’s Congress for their own power is not clear, the orientation of the internallogic of the Chinese people. Thus gives feasible countermeasures. Put forward the currentcases supervision the standardization of problem solving countermeasures, which clearly tothe supervision of the court’s content, abandon the results supervision and micro supervisingand strengthen supervision and macro behavior supervision and clear the start time makespeople’s congress supervision to the supervision of the court to return to the normative. Makesupervision cases go a clear standard road, playing its part in a socialist country under the rule of the role.
Keywords/Search Tags:Legal norms, Individual case supervision, Power standard
PDF Full Text Request
Related items