论地方人大监督中的询问权
发布时间：2019-01-23 08:14
【摘要】：我国的根本政治制度是人民代表大会制度,一切权力属于人民。询问权是人大行使监督权的一个重要权能,它能够及时有效地确保国家的法律公正实施,政府权力不被滥用,人民的利益不受损害。本文以比较法的视野对地方人大的询问权进进行了深入研究,并分为有内在逻辑联系的三个部分。第一部分界定了询问权和讨论了其理论基础。广义的询问权是指各级人大代表在人代会议召开期间可以要求各级政府及相关部门派员参加会议,并在审议议案和有关报告时,向政府及其相关部门提出问题,同时要求政府及其相关部门对所提出的问题及时进行解释、答复和回应的权利。其行使方式主要包括询问、质询以及专题询问等。询问权的产生是基于人民主权论与代议制政府理论的发展,权力制约理论也构成其理论上的基础。第二部分分析了地方人大监督中对询问权行使所存在的问题和成因。虽然询问权的行使方式很多,但是在实践过程中仍存在询问案数量少,形式主义以及监督力度不够等问题。造成这些问题的原因有多方面的,既有宪法相关规定不够完善的原因,也有询问权本身制度设计上的原因;既有人大代表自身的原因也有财政制度方面的因素。第三部分针对地方人大监督中询问权行使所存在问题提出了解决对策。我国应该借鉴国外相关制度中的有益经验,例如询问制度常态化、询问主体和对象广泛、询问方式多样化和询问透明度高等等,来对我国询问权行使存在的问题进行解决。因此,应修改宪法中的相关规定,完善相应的程序规则,提高人大代表的履职能力以及完善相关的配套制度等。
[Abstract]:China's fundamental political system is the people's Congress system, all power belongs to the people. The right of inquiry is an important power for the people's Congress to exercise the power of supervision. It can ensure the fair implementation of the national law in a timely and effective manner, the government power is not abused, and the interests of the people are not harmed. This paper makes an in-depth study on the advance of the inquiry power of the local people's congresses from the perspective of comparative method, and it is divided into three parts with inherent logical connections. The first part defines the right of inquiry and discusses its theoretical basis. In a broad sense, the right of inquiry means that people's congresses at all levels may request governments at all levels and relevant departments to send personnel to attend meetings during the convening of the people's congresses and to ask questions to the government and its relevant departments when examining bills and relevant reports. At the same time, the government and related departments are required to explain, reply and respond to the questions in a timely manner. Its exercise mainly includes inquiry, inquiry and thematic inquiry. The emergence of the right of inquiry is based on the development of the theory of people's sovereignty and representative government, and the theory of power restriction also forms its theoretical basis. The second part analyzes the problems and causes of the exercise of the right of inquiry in the supervision of the local people's Congress. Although there are many ways to exercise the right of inquiry, there are still some problems in practice, such as the small number of interrogation cases, formalism and insufficient supervision. There are many reasons for these problems, not only because the relevant provisions of the Constitution are not perfect, but also because of the system design of the right to inquire; there are also the reasons of the deputies to the NPC and the factors of the financial system. The third part puts forward the solutions to the problems in the exercise of the right of inquiry in the supervision of the local people's Congress. Our country should draw lessons from the beneficial experience of foreign related systems, such as the normalization of inquiry system, the wide range of subjects and objects of inquiry, the variety of interrogation methods and the high transparency of questioning, and so on, to solve the problems existing in the exercise of the right of inquiry in our country. Therefore, it is necessary to amend the relevant provisions of the Constitution, perfect the corresponding procedural rules, improve the ability of the NPC deputies to carry out their duties, and improve the relevant supporting systems.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D624
本文编号：2413625
[Abstract]:China's fundamental political system is the people's Congress system, all power belongs to the people. The right of inquiry is an important power for the people's Congress to exercise the power of supervision. It can ensure the fair implementation of the national law in a timely and effective manner, the government power is not abused, and the interests of the people are not harmed. This paper makes an in-depth study on the advance of the inquiry power of the local people's congresses from the perspective of comparative method, and it is divided into three parts with inherent logical connections. The first part defines the right of inquiry and discusses its theoretical basis. In a broad sense, the right of inquiry means that people's congresses at all levels may request governments at all levels and relevant departments to send personnel to attend meetings during the convening of the people's congresses and to ask questions to the government and its relevant departments when examining bills and relevant reports. At the same time, the government and related departments are required to explain, reply and respond to the questions in a timely manner. Its exercise mainly includes inquiry, inquiry and thematic inquiry. The emergence of the right of inquiry is based on the development of the theory of people's sovereignty and representative government, and the theory of power restriction also forms its theoretical basis. The second part analyzes the problems and causes of the exercise of the right of inquiry in the supervision of the local people's Congress. Although there are many ways to exercise the right of inquiry, there are still some problems in practice, such as the small number of interrogation cases, formalism and insufficient supervision. There are many reasons for these problems, not only because the relevant provisions of the Constitution are not perfect, but also because of the system design of the right to inquire; there are also the reasons of the deputies to the NPC and the factors of the financial system. The third part puts forward the solutions to the problems in the exercise of the right of inquiry in the supervision of the local people's Congress. Our country should draw lessons from the beneficial experience of foreign related systems, such as the normalization of inquiry system, the wide range of subjects and objects of inquiry, the variety of interrogation methods and the high transparency of questioning, and so on, to solve the problems existing in the exercise of the right of inquiry in our country. Therefore, it is necessary to amend the relevant provisions of the Constitution, perfect the corresponding procedural rules, improve the ability of the NPC deputies to carry out their duties, and improve the relevant supporting systems.
【学位授予单位】：宁波大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D624
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1 刘烨;论地方人大监督中的询问权[D];宁波大学;2015年
，本文编号：2413625
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