On The Reasonable Application Of The Judicial Immunity Of The Deputies To The People’s Congress

The most striking thing about public administration in the current society is the field of judicial administration.In the modern rule of law,the core idea is judicial justice,and the implementation is administrative management.The establishment of contemporary judicial immunity is conducive to guaranteeing judicial independence and safeguarding judicial justice.The judicial immunity system is ancient,and the difference is the degree of development and the existence of different forms.From the international environment,outside the state immunity system research started earlier,the cognition of immunity system more widely,the thought is national and even international treaties and widely accepted rules,but because of each country’s historical origin,realistic national condition is different,in the specific provisions of criminal prosecution is also different,but for now,most of the country under the rule of law has established comparatively perfect basic members of the judicial immunity system.Members of the establishment of legal immunity,make MPS need not concern during on duty at the level of other external factors,only obey the law and ethics,so as to give full play to the functions,in accordance with the independent exercise of all on behalf of the rights,truly fair and independent legal effect.Also,the establishment of China’s National People’s Congress on behalf of immunity system and the development,is on the basis of the "people’s sovereignty",as the socialism since the founding of new China,through the law of the People’s Republic of China constitution clearly.Therefore,China’s National People’s Congress on behalf of the immunity system setting is both in line with the current trend of the international trendof rule of law,is also a fundamental goal,the construction of the rule of law in,independent,and justice,to achieve security.Through to the outside members of the judicial immunity and domestic setting mode of the National People’s Congress on behalf of the legal immunity horizontal contrast,can be found outside members of the judicial immunity with China’s National People’s Congress on behalf of the legal immunity is a state of seeking common ground while putting aside differences.In setting the essence,setting mode and set the objective aspects of both are basically the same or similar,but the establishment of China’s National People’s Congress on behalf of the legal immunity,development relatively outside members legal immunity in such aspects as setting range and review form is also larger,especially for international generally accepted,countries outside universally applicable reasonable legal immunity for the scope of authorization,our country law did not make any detailed clear rules.Despite the rapid development of China’s economic situation and the cause of conflict to the lag of legal construction in China,the current power structure of "the unity of" separation methods,started late and scattered legislation setting and imbalance,the lowest level of the National People’s Congress personnel configuration,also makes our country only in the constitution of people’s congress representative legal immunity to fundamental words.So,while essentially gives the National People’s Congress on behalf of the legal immunity to certain basic framework,the above provisions are vague and general regulation,the content of the specific implementation of form is not the country under the rule of law is set outside of supporting measures adapted to parliamentary immunity system.Therefore,in terms of China’s National People’s Congress on behalf of the legal immunity is prone to apply restrictions,National People’s Congress on behalf of the legal immunity is often used as a violation of the "shield" or "talisman",leading to the National People’s Congress on behalf of the "premium exemption" and "exemption impunity" occurred from time to time,and then makes the contradiction between the people and the National People’s Congress on behalf of gradually deepening,also make the judicial administrative management of public security and judicial organs carry out normal work face awkward position,even can do.Therefore,fundamentally eliminate the people’s congress on behalf of the legal immunity of reasonable apply,public security and judicial administrative organs in accordance with the law,independent and impartial work is particularly urgent,it isthe basic goal of rule of law in our country,is also the broad masses of the people’s fundamental interests of our country.Legal immunity to recognized outside Congressman mature research system at the same time,explicitly by the state regime,lack of China’s National People’s Congress on behalf of immunity system and the reform direction and measures analysis can’t simply copy derivative foreign MPS system pattern,it shall be equipped with the socialist characteristic,accords with the situations of the current regime,practical operability.So,China’s National People’s Congress on behalf of the legal immunity should complete in the legislative level,program set to start,for the people’s congress of the judicial immunity set suitable scope and applicable process,and strengthen internal supervision in the process of apply,further by promoting watchdog,introduce external media supervision,promote reasonable for such power.In addition,the National People’s Congress on behalf of the execution of judicial immunity,traceability must be explicitly provide relief way,gives the corresponding legal responsibility shall be investigated,so as to create suitable for the growth of the National People’s Congress on behalf of the immunity system in our country soil,build and perfect the National People’s Congress on behalf of the immunity system,to ensure that people’s congress system in our country the greatest degree of play to the basic administrative functions for the people take leadership efficacy.