Dissertation
Dissertation > Political, legal > Legal > Chinese law > Justice system > The court

On the National People’s Congress to the Court’s Supervision

Author PengZhiWei
Tutor LiXiaoWu
School Nanchang University
Course Legal
Keywords National People’s Congress People’s Court Supervise Independence of the judiciary
CLC D926.2
Type Master's thesis
Year 2011
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China’s "Constitution" Article 3, section 67 and section 128 provide that the Court’s supervision of the NPC have powers, the court must be responsible for the NPC. "Constitution," Article 104 above the county level people’s congresses at all levels supervise the people’s government, the People’s Court and People’s Procuratorate. Can be seen, the NPC’s supervision of the court is a constitutional right to a sacred NPC. People’s courts must humbly accept the supervision of the NPC and its Standing Committee, in order to grasp the correct political direction, truly justice for the people. Since the Third Plenary Session of the Party, people’s congresses and their standing committees at all levels of supervision of the court has made great progress, increasing supervision, expanding the form, in order to further establish and improve the people’s congress supervision mechanism has laid a good the foundation.From the current situation, in recent years, although the work of the NPC’s supervisory court has made great progress, but not a long course of China’s rule of law, the NPC’s supervisory court system is not perfect, in practice, revealed some problems, such as Court supervision of the NPC on the understanding there is a deviation, the use of monitoring tools in place to monitor the effect to be further strengthened supervision of the NPC as the subject its due performance of their duties were also weak capacity of the NPC for court supervision of the relevant laws and regulations of supporting measures, not perfect the current system does not straighten out some of the work relationship and so on. Should also be clearly recognized that the development of the supervision work, there are a lot of their own problems with the trial court and incompatible independence, coupled with our country is in a modern market economy during the transition period, the people of justice increasingly high expectations, punish corruption in the judicial field has become the important work of the people’s congress supervision, supervision of the court Han NPC needs to be improved further combined with theoretical studies. This paper reviews the national parliaments of the Western theory and practice of court supervision, with the current court supervision of China’s National People’s Congress on the theory and practice, describes the basic people’s congresses and supervision of the court the content, principles and methods, analysis of the current National People’s Congress of court supervision of the main problems and their causes, and on ways to improve the people’s congress supervision of the court made some suggestions and strategies.

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