《监督法》中的执法检查制度的问题研究

发布时间：2018-06-04 09:51

本文选题：监督法 + 执法检查制度　；参考：《天津商业大学》2017年硕士论文

【摘要】：“天下之事,不难于立法,而难于法之必行。”执法检查是我国各级人大常委会的一种重要的法律监督手段。作为一种新的监督手段,执法检查制度不是一蹴而就的,而是总结了多年来各地成功的实践经验,历经了三十多年的不断洗礼、不断发展完善的过程,经过了孕育雏形的萌芽阶段、初步规范的制度化阶段、最终于2006年被写入《监督法》。作为一种独立存在的法律监督形式,执法检查既符合历史的需求,也是人大监督制度发展的必然要求。而以《监督法》文本为切入点,系统探究执法检查制度法律规定的不足及完善的措施,对充分发挥执法检查制度的效能具有重要意义。根据《监督法》的规定,各级人大常委会是监督主体,但专门委员会具有“研究、审议和拟定议案的权力”,在一定程度上具有执法检查监督权意义,因此,专门委员会也具有一定的主体适格空间。由于委员长会议或主任会议没有实质性的监督权力,所以,委员长会议或主任会议不应具有执法检查主体资格。根据《监督法》规定,人大常委会的执法检查对象为同级的人民政府、人民法院、人民检察院。但是,垂直管理部门与本地区的协调发展休戚与共,承担着国家宏观调控和服务地方经济建设的双重功能,因此,垂直管理部门不应成为执法检查的盲区,应受到人大常委会的监督。同时,为了使执法检查工作发挥最大实效性,执法检查对象不应局限于同级的人民政府、人民法院、人民检察院,应将下级的人民政府、人民法院、人民检察院纳为执法检查对象。《监督法》虽然对执法检查程序作了明文规定,但是有的内容规定的比较原则,缺乏可操作性。譬如,执法检查程序规定不明确,执法检查组人员选任标准模糊,委托执法检查报告审议规定缺失,监督公开制度不健全等。由此,建议明确执法检查程序规定,清晰界定执法检查组人员选任标准,明文规定委托执法检查报告审议规定以及健全监督公开机制。《监督法》没有明确规定执法检查的法律责任,但法律责任对提高执法检查实效性的意义不容低估,因此,《监督法》应设置法律责任专条,明确追究责任的情形,责任追究方式等内容,进一步完善执法检查制度,确保执法检查的贯彻落实。作为在实践中发展起来的土生土长的新的监督形式,执法检查制度必将随着《监督法》的不断完善而发挥出更大的实效。
[Abstract]:"the affairs of the world are not difficult to legislate, but they are difficult to do." Law enforcement inspection is an important means of legal supervision of the standing Committee of the people's Congress at all levels of our country. As a new means of supervision, the system of law enforcement and inspection has not been completed overnight, but has summed up the successful practical experience of various places over the years, and has undergone more than 30 years of continuous baptism and continuous development and improvement. After the embryonic stage and the institutionalization stage of the preliminary standard, it was written into the Supervision Law in 2006. As an independent form of legal supervision, law enforcement inspection is not only in line with the historical needs, but also an inevitable requirement for the development of the supervision system of the National people's Congress. Taking the text of "Supervision Law" as the breakthrough point, it is of great significance to make full use of the effectiveness of the law enforcement inspection system by systematically exploring the deficiencies of the law enforcement inspection system and the measures to improve it. According to the provisions of the "Supervision Law," the standing committees of the people's congresses at all levels are the main body of supervision, but the special committees have "the power to study, consider and draft bills", and to some extent have the power to enforce the law and inspect and supervise, so, The special committee also has certain subject suitable space. Since the chairman's meeting or the chairman's meeting has no substantive supervisory power, the chairman's meeting or the chairman's meeting shall not have the qualification of the subject of law enforcement inspection. In accordance with the provisions of the Supervision Law, the NPC standing Committee shall inspect law enforcement by people's governments, people's courts and people's procuratorates at the same level. However, the vertical management departments share common interests with the coordinated development of the region and assume the dual functions of national macroeconomic regulation and control and serving the local economic construction. Therefore, the vertical management departments should not become blind areas for the inspection of law enforcement. It should be supervised by the standing Committee of the National people's Congress. At the same time, in order to maximize the effectiveness of the inspection of law enforcement, the object of inspection of law enforcement should not be limited to people's governments, people's courts, people's procuratorates at the same level, people's governments and people's courts at lower levels, Although the people's Procuratorate has made explicit provisions on the procedure of law enforcement inspection, some of the comparative principles stipulated in some contents are lacking in maneuverability. For example, the provisions of law enforcement inspection procedures are unclear, the criteria for the selection and appointment of personnel of law enforcement inspection groups are vague, the provisions on entrusting law enforcement inspection reports are missing, and the supervision and publicity system is not perfect, and so on. As a result, it is suggested that the procedures for the inspection of law enforcement should be clearly defined and the criteria for the selection and appointment of officers of the Inspection Unit of Law Enforcement The Law on Supervision does not clearly specify the legal responsibility of law enforcement inspection, but the significance of legal responsibility for improving the effectiveness of law enforcement inspection cannot be underestimated. Therefore, the "Supervision Law" should set up a special article on legal liability, make clear the situation of investigating the responsibility, the way of investigating the responsibility, and further perfect the law enforcement inspection system to ensure the implementation of the law enforcement inspection. As a new form of supervision born and raised in practice, the law enforcement and inspection system will play a more effective role with the continuous improvement of the "Supervision Law".
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.11

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