论人大对法院的监督
发布时间：2018-11-25 15:05
【摘要】：根据我国《宪法》第3条、第67条、第104条及第128条的有关规定,县级以上人民政府、人民法院和人民检察院由相应的地方各级人民代表大会产生并受其监督,人大享有监督法院的职权,法院必须对人大负责。由此可见,具有最高法律效力的宪法赋予了人大行使对法院的监督权,法院必须在人大及其常委会的监督下开展工作,才能更好地履行职责,真正做到司法为民。党的十一届三中全会以来,各级人大及其常委会对法院的监督工作取得了很大的进展,监督力度不断加大,形式不断拓展,为进一步建立健全人大监督机制打下了较好的基础。 从目前的情况来看,近年来人大监督法院工作虽然取得了较大的进展,但由于我国法治化历程还不长,人大监督法院的制度尚不完善,在实践中暴露出一些问题,如在认识上对人大监督法院存在偏差、监督手段运用不到位、监督效果有待进一步加强、人大作为监督主体其应有的履职能力还显薄弱、人大对法院监督的相关法律法规的配套措施还不够完善、现行体制中的一些工作关系没有理顺等等。同时也应该清醒地认识到,发展中的人大监督工作也存在不少自身问题以及与人民法院审判独立权不相适应的情况,加上我国正处于现代市场经济的转轨时期,人民对司法公正的期望越来越高,惩治司法领域中的腐败已成为人大监督的重要工作,人大对法院的监督函需进一步结合理论研究予以完善。本文评述了西方国家议会对法院监督的理论和实践,结合当前我国人大对法院监督的理论和实践,阐述了人大对法院监督的基本内容、原则与方式,分析了当前人大对法院监督存在的主要问题及其原因,并就改进人大对法院监督途径提出了一些建议和对策。
[Abstract]:According to the relevant provisions of Article 3, Article 67, Article 104 and Article 128 of the Constitution, people's governments, people's courts and people's procuratorates at or above the county level shall be elected and supervised by the corresponding local people's congresses at various levels. The people's Congress has the power to supervise the court, which must be accountable to the people's Congress. Thus it can be seen that the Constitution with the highest legal effect gives the people's Congress the power of supervision over the court, and the court must carry out its work under the supervision of the people's Congress and its standing committee in order to perform its duties better and to truly serve the people through the administration of justice. Since the third Plenary session of the 11th CPC Central Committee, great progress has been made in the supervision of the courts by the people's congresses at all levels and their standing committees. Judging from the current situation, although great progress has been made in the work of the NPC supervisory court in recent years, due to the fact that the process of ruling by law in our country is not long, the system of the NPC supervisory court is still not perfect, and some problems have been exposed in practice. If there is a deviation in understanding of the supervision court of the people's Congress, the means of supervision are not in place, the effect of supervision needs to be further strengthened, and the ability of the people's Congress to carry out its duties as the main body of supervision is still weak. The relevant laws and regulations of the people's Congress are not perfect enough, and some working relations in the current system are not straightened out and so on. At the same time, we should also be soberly aware that there are many problems in the work of supervision of the people's congresses under development and that they are not compatible with the independent right of the people's courts, and that our country is in the transition period of the modern market economy. People's expectation of judicial justice is higher and higher. Punishing corruption in judicial field has become an important work of people's Congress supervision, and the supervision letter of the people's Congress to the court should be further improved by theoretical research. This paper reviews the theory and practice of court supervision in western countries, and expounds the basic contents, principles and methods of court supervision by the people's Congress of our country in combination with the current theory and practice of court supervision by the people's Congress of our country. This paper analyzes on the main problems existing in the supervision of the court by the people's Congress and its causes, and puts forward some suggestions and countermeasures to improve the ways of the supervision of the court by the people's Congress.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D622;D926.2
本文编号：2356533
[Abstract]:According to the relevant provisions of Article 3, Article 67, Article 104 and Article 128 of the Constitution, people's governments, people's courts and people's procuratorates at or above the county level shall be elected and supervised by the corresponding local people's congresses at various levels. The people's Congress has the power to supervise the court, which must be accountable to the people's Congress. Thus it can be seen that the Constitution with the highest legal effect gives the people's Congress the power of supervision over the court, and the court must carry out its work under the supervision of the people's Congress and its standing committee in order to perform its duties better and to truly serve the people through the administration of justice. Since the third Plenary session of the 11th CPC Central Committee, great progress has been made in the supervision of the courts by the people's congresses at all levels and their standing committees. Judging from the current situation, although great progress has been made in the work of the NPC supervisory court in recent years, due to the fact that the process of ruling by law in our country is not long, the system of the NPC supervisory court is still not perfect, and some problems have been exposed in practice. If there is a deviation in understanding of the supervision court of the people's Congress, the means of supervision are not in place, the effect of supervision needs to be further strengthened, and the ability of the people's Congress to carry out its duties as the main body of supervision is still weak. The relevant laws and regulations of the people's Congress are not perfect enough, and some working relations in the current system are not straightened out and so on. At the same time, we should also be soberly aware that there are many problems in the work of supervision of the people's congresses under development and that they are not compatible with the independent right of the people's courts, and that our country is in the transition period of the modern market economy. People's expectation of judicial justice is higher and higher. Punishing corruption in judicial field has become an important work of people's Congress supervision, and the supervision letter of the people's Congress to the court should be further improved by theoretical research. This paper reviews the theory and practice of court supervision in western countries, and expounds the basic contents, principles and methods of court supervision by the people's Congress of our country in combination with the current theory and practice of court supervision by the people's Congress of our country. This paper analyzes on the main problems existing in the supervision of the court by the people's Congress and its causes, and puts forward some suggestions and countermeasures to improve the ways of the supervision of the court by the people's Congress.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D622;D926.2
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