论文部分内容阅读
我国《宪法》规定,人民检察院由人大选举产生,对它负责,受它监督。同时,人民检察院还依法独立行使检察权。所以,同级的人大与人民检察院关系问题主要是人大监督与司法独立的关系问题。人大与人民检察院均享有一定的监督权,那么,人大监督监督者的前提必须先理顺各级人大与其他机关、组织及其同级检察院的关系,明确人大和检察机关各自的监督范围,加强和完善人民代表大会制度,独立检察机关司法权,充分发挥人大对检察机关的监督作用,有助于检察机关更加主动接受人大对其监督,形成人大和检察机关对法律监督的双层监督体系。本文认为应根据人大对检察机关监督的发展现状,及其发展中面临的阻力,结合中国的实际情况,完善人大对检察机关的监督,更好地加快我国司法体制改革进程,实现依法治国和依宪治国。
China’s “Constitution” stipulates that the people’s procuratorate shall be elected by the people’s congress, responsible for it and supervised by it. At the same time, the People’s Procuratorate also independently exercises the procuratorial power according to law. Therefore, the issue of the relationship between the NPC and the people’s procuratorate at the same level is mainly the issue of the relationship between the NPC supervision and the independence of the judiciary. NPC and People’s Procuratorate both enjoy certain supervisory powers. Therefore, the premise of supervising and supervising people’s congresses must first straighten out the relations between the people’s congresses at various levels and other organs, organizations and procuratorates at the same level, clarify the scope of their respective oversight by the NPC and procuratorial organs, And perfecting the system of people’s congresses and the judicial power of independent procuratorial organs and giving full scope to the supervisory role of the NPC in procuratorial organs helps the procuratorial organs take more initiative in accepting the supervision of the NPC and forms a double supervisory system for legal supervision by the NPC and procuratorial organs. This paper argues that according to the development of the supervision by the procuratorial organs and the resistance it faces in development, the NPC should improve the oversight of the procuratorial organs by the NPC in light of the actual conditions in China, speed up the process of judicial system reform in our country and realize the goal of governing the country according to law Constitutional state.