論地方人大對法院的監(jiān)督制度之完善
發(fā)布時間:2018-09-19 06:02
【摘要】:人大對法院的監(jiān)督,是我國監(jiān)督法的重要內(nèi)容之一。但是,一直以來地方人大對人民法院的監(jiān)督卻常常被人們所忽視!侗O(jiān)督法》實施以后,各地方人大在運行法定的監(jiān)督方式過程中,出現(xiàn)了報告被否決的責任追究制度缺失,監(jiān)督方式的主體模糊不清、執(zhí)法檢查對法律的完善功能尚未完全發(fā)揮等問題,影響了地方人大對法院監(jiān)督工作的成效,從而創(chuàng)設一些新型的監(jiān)督方式加強監(jiān)督。本文主要是以地方人大對法院的監(jiān)督方式研究視角,對地方人大應當如何正確開展監(jiān)督法院工作進行重新思考,透析法定監(jiān)督方式運行不暢的原因,并對地方人大監(jiān)督法院與人大代表監(jiān)督的關系,地方人大監(jiān)督法院與法院獨立行使審判權之間的關系進行探討,以期對地方人大監(jiān)督法院的工作起到促進作用。
[Abstract]:The supervision of the court by the people's Congress is one of the important contents of the supervision law of our country. However, the supervision of the people's courts by the local people's congresses has always been neglected. After the implementation of the "Supervision Law," the local people's congresses, in the course of running the statutory supervision methods, have appeared the absence of the accountability investigation system in which the reports were vetoed. The ambiguity of the main body of the supervision mode and the incomplete function of the law enforcement inspection have affected the effect of the local people's Congress on the supervision of the court, thus creating some new ways of supervision to strengthen the supervision. This article is mainly based on the local people's Congress to the court supervision way research angle of view, how the local people's Congress should correctly carry out the supervision court work to carry on the reconsideration, analyzes the legal supervision way to run not smooth, The relationship between the supervision court of the local people's Congress and the supervision of the deputies to the people's Congress, and the relationship between the supervision court of the local people's Congress and the independent exercise of judicial power by the court are discussed in order to promote the work of the supervision court of the local people's Congress.
【學位授予單位】:廣東商學院
【學位級別】:碩士
【學位授予年份】:2012
【分類號】:D624;D926.2
本文編號:2249259
[Abstract]:The supervision of the court by the people's Congress is one of the important contents of the supervision law of our country. However, the supervision of the people's courts by the local people's congresses has always been neglected. After the implementation of the "Supervision Law," the local people's congresses, in the course of running the statutory supervision methods, have appeared the absence of the accountability investigation system in which the reports were vetoed. The ambiguity of the main body of the supervision mode and the incomplete function of the law enforcement inspection have affected the effect of the local people's Congress on the supervision of the court, thus creating some new ways of supervision to strengthen the supervision. This article is mainly based on the local people's Congress to the court supervision way research angle of view, how the local people's Congress should correctly carry out the supervision court work to carry on the reconsideration, analyzes the legal supervision way to run not smooth, The relationship between the supervision court of the local people's Congress and the supervision of the deputies to the people's Congress, and the relationship between the supervision court of the local people's Congress and the independent exercise of judicial power by the court are discussed in order to promote the work of the supervision court of the local people's Congress.
【學位授予單位】:廣東商學院
【學位級別】:碩士
【學位授予年份】:2012
【分類號】:D624;D926.2
【引證文獻】
相關博士學位論文 前2條
1 宋雙;我國司法監(jiān)督制度研究[D];吉林大學;2006年
2 孟憲艮;人大代表的監(jiān)督能動性及其影響因素研究[D];山東大學;2009年
,本文編號:2249259
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