Concerning the Questioning System for Typical Cases Under the Perspective of Judicial Fairness

来源 :学术界 | 被引量 : 0次 | 上传用户:wjlwny110
下载到本地 , 更方便阅读
声明 : 本文档内容版权归属内容提供方 , 如果您对本文有版权争议 , 可与客服联系进行内容授权或下架
论文部分内容阅读
The legal and political circles and other Chinese people are all astounded by the constant growth in the corruption cases involving judicial authority staff being investigated and prosecuted in recent years.In order to control judicial corruption,it has become an important form of legal supervision by the people’s congresses to supervise individual cases and to this end the Standing Committee of the National People’s Congress has specifically promulgated the Provisions on the Strengthening of the Inspection and Supervision of the Implementation of Laws which are deemed by many scholars a direct legal foundation for the people’s congresses to supervise individual cases.Nevertheless,the means of supervising individual cases by the people’s congresses in these provisions are limited to investigation and investigation of specific problems.In fact,the investigation of specific problems in connection with typical law-breaking cases should be based on the questioning for typical cases.Ⅰ.Predicaments confronting the people’s congresses to address questions in typical casesIt has been long that nobody shows any interest in the employment of questions in typical cases as a means of supervising individual cases by the people’s congresses,and therefore it is hard for the questioning system to be implemented.In the author’s opinion,there are following difficulties in establishing the questioning system for typical cases: 1.There are stricter requirements for initiating the question proposals.For example,a question proposal can not reach the authority to which questions are addressed until it goes through the presidium or standing committee;nor can it become a “question proposal” until it is officially placed on the agenda.According to the Law of the People’s Republic of China on the Supervision of the Standing Committee of People’s Congress at All Levels (the “Supervision Law” for short),there are stringent legal procedures for question proposals;that is,only by being placed on the official agenda can question proposals become proposals.In practice,however,some question proposals tend to become representative proposals,which means some representatives from certain authorities concerned will make oral statements at the scene or make replies in writing,which,it should be pointed out,is against the law. The legal and political circles and other Chinese people are all astounded by the constant growth in the corruption cases involving judicial authority staff being investigated and prosecuted in recent years. In order to control judicial corruption, it has become an important form of legal supervision by the people’s congresses to supervise individual cases and to this end the Standing Committee of the National People’s Congress has specifically promulgated the Provisions on the Strengthening of the Inspection and Supervision of the Implementation of Laws which are deemed by many scholars a direct legal foundation for the people’s congresses to supervise individual cases. promising, the means of supervising individual cases by the people’s congresses in limited provisions of the investigation and investigation of specific problems. fact, the investigation of specific problems in connection with typical law-breaking cases should be based on the questioning for typical cases.Ⅰ.Pre dicaments confronting the people’s congresses to address questions in typical casesIt has long long that nobody shows any interest in the employment of questions in particular cases as a means of supervising individual cases by the people’s congresses, and therefore it is hard for the questioning system to be implemented.In the author’s opinion, there are following difficulties in establishing the questioning system for typical cases: 1.There are stricter requirements for initiating the question. For example, a question proposal can not reach the authority to which questions are addressed until go through the presidium or standing committee; nor can it become a “question proposal ” until it is officially placed on the agenda. According to the Law of the People’s Republic of China on the Supervision of the Standing Committee of People’s Congress at All Levels (the “Supervision Law” for short), there are stringent legal procedures for question proposals; that is, only by being plac edon the official agenda can question proposal become proposals.In which, it, some, pointed out, is against the law.
其他文献
古人曾有言:“火性烈,人皆避之,故伤于火者鲜。”其意是说,火的脾性凶吴,人都躲避它,因火伤亡者少。然而,在现实生活中,人们既然己知火性之烈,却为何火灾仍是频频不断,伤亡于火者并不鲜
清朝政府为了防止军人跋扈,便实行了“以文制武”的政策,特别是在各直省绿营兵中,此制贯彻得尤为彻底。主要是让各地方的文职官员——总督和巡抚兼任军事统帅,牵制武职官员
在语文教学中,阅读教学是基础,写作教学是目的,二者之间密不可分,互相带动,相互促进,相得益彰。因此,我们要在阅读教学中渗透作文理念,让阅读教学承担它理应承当的从读到写的
“营人”文子牛僻静的后王屯出事了!爱嚼舌头的妇女们嘁嘁喳喳:女大不可留啊;准是跟野男人私奔了;真兴许想不开寻了短见……人命关天,边说边走向丁家,去表示屯邻的关怀。“千不该万
7月20日 晴  “该起床了,主人。”一大清早,我的家政机器人就拉开了窗帘,把我从睡梦中叫醒。我洗漱完后,便来到餐桌前开始吃起了早饭。“铃铃铃……”一阵电话铃声响起,扫了我享受早晨这美好时光的兴致。我接起电话,听见那边传来一个着急的声音:  “今天是截稿期,你的稿子该完成了吧?”  “哦,下午传给你。”放下电话,我来到电脑前,噼里啪啦地开始了一天的工作。  没错,这就是二十年后的我——一名著名的小
酒伴有一司机因驾车撞成重伤,截去」条腿。治疗期间,记者采访了他。记者:*你以后还喝酒吗?*司机:*喝,而且要多喝,既然以后不能与车为伍,就只能与酒为伴了。*能装去少人一旅客问:*师傅,你的车
期刊
监督法及省实施办法的施行,对人大常委会健全监督机制,增强监督实效,促进依法行政和公正司法,具有重大的现实意义。两年多来,十堰市人大常委会在监督工作实践中,以发展的理念
【原文展示】我家住在公园里江苏省高淳县实验小学五(4)班徐可萱高淳又建了一个新公园,就在我家对面,它精致、漂亮、生机勃勃,我很喜欢它。公园是植物的天堂。走在石径上,两
Gadolinium zirconate(Gd2Zr2O7) nanocrystals were prepared via two different combustion methods: citric acid combustion(CAC) and stearic acid combustion(SAC). Th
Recently,it is revealed by a survey conducted by the region’s office on the development of the western region that Ningxia Hui Autono- mous Region has a huge p