论我国人大监督的完善途径

发布时间：2018-03-08 11:32

本文选题：人大监督　切入点：现状缺陷　出处：《湖南大学》2011年硕士论文　论文类型：学位论文

【摘要】：人大监督制度是我国人民代表大会制度的重要组成部分。人大的监督权是指各级人民代表大会及其常委会为全面保证国家法律的实施和维护人民的根本利益，防止行政、司法机关滥用权力，通过法定的方式和程序，对由它产生的国家机关实施的检查、调查、督促、纠正、处理的强制性权力。充分发挥人大的监督作用，是健全和完善人民代表大会制度，实现依法治国的重要内容。我国人大监督具有权威性、民主性、全局性、事后性和间接性等特点。人大监督的主体是各级人民代表大会及其常委会，客体是由它产生、对它负责、受其监督的同级国家机关及国家机关组成人员。人大监督可以分为法律监督和工作监督。人大监督与法治精神相统一的，体现了对分权制衡原则的借鉴，其核心是人民民主。宪法与民主制度紧密相关，我国宪法规定了人民代表大会的性质和地位。我国地方人大在行使监督权方面进行了积极的实践和探索，取得了有目共睹的显著成绩，积累了宝贵的经验，监督工作逐步走向规范化、制度化。但我们应该看到，当前我国人大监督权还没有充分的发挥出来，与宪法和法律的规定和群众的期望存在较大差距。人大监督面临政治体制障碍：党政不分导致监督尴尬，我国选举制度有欠缺，提名和确定代表候选人方式没有严格依法，代表构成和代表比例规定的过死，差额选举和介绍候选人实行不够。宪法监督制度存在不足：监督主体模糊，监督对象不明确，监督内容不全面，监督程序不健全。人大常委会监督机制弱化：组成人员履职积极性不高；人大代表履职存在官僚化倾向；代表素质有差距，，代表意识欠缺；参选动机不纯，责任意识缺乏；对人大常委会履职监督缺乏硬性措施。人大监督的政治文化土壤欠缺，监督对象缺乏接受监督的自觉性，监督主体的主动监督意识不强，导致人大监督手段往往存在避硬就软、刚性不足的倾向。人大监督在建立社会主义民主政治，实现依法行政,保障我国公民的基本权利方面发挥重要推动作用。但从总体上来看，人大监督表现出抽象性监督多，实质性监督少;弹性监督多，刚性监督少;一般性监督多，跟踪监督少;事后监督多，事前事中监督少等特点。监督工作仍是人大工作的薄弱环节。究其原因,主要在于人大监督面临政治体制障碍；宪法监督制度不完备；人大常委会运行监督机制弱化；人大监督的政治文化还没有真正形成。要完善我国人大监督的途径必须深化政治体制改革；强化对宪法实施的监督；增强人大自身监督机能；培植强化人大监督的法治土壤。
[Abstract]:The supervision system of the people's Congress is an important part of the system of the people's Congress of our country. The supervisory power of the people's Congress refers to the people's congresses at all levels and their standing committees to comprehensively guarantee the implementation of national laws and safeguard the fundamental interests of the people, and prevent administration. The judicial organs abusing their power and exerting the compulsory powers of inspection, investigation, supervision, correction and handling of the state organs created by the judicial organs through legal means and procedures, and giving full play to the supervisory role of the people's congresses, It is an important content to improve and perfect the system of people's congresses and to realize the rule of law. The supervision of the people's congresses in our country is authoritative, democratic, and comprehensive. The main body of supervision by the people's Congress is the people's congresses at all levels and their standing committees, and the object is produced by it and is responsible for it. The supervision of the people's Congress can be divided into legal supervision and work supervision. The unity between the supervision of the people's Congress and the spirit of the rule of law embodies the reference to the principle of separation of powers and checks and balances, the core of which is people's democracy. The constitution is closely related to the democratic system, and the constitution of our country stipulates the nature and status of the people's congresses. The local people's congresses have carried out active practice and exploration in exercising their supervisory power, and have made remarkable achievements that are obvious to all. We have accumulated valuable experience, and the supervision work has gradually moved towards standardization and institutionalization. However, we should see that at present, the supervisory power of the people's congresses in our country has not been brought into full play. There is a big gap with the provisions of the Constitution and laws and the expectations of the masses. The proportion of deputies and the proportion of representatives is too dead, the election of deputies and the introduction of candidates are not enough. The constitutional supervision system has some shortcomings: the subject of supervision is vague, the object of supervision is not clear, the content of supervision is not comprehensive, The supervision procedure is not perfect. The supervision mechanism of the standing Committee of the NPC is weakened: the enthusiasm of the members is not high; the deputies to the people's Congress have bureaucratism tendency; the representative quality is different, the representative consciousness is deficient, the motive of running for election is not pure, the responsibility consciousness is lacking; There is a lack of rigid measures for the NPC standing Committee to carry out its duties and supervision. The political and cultural soil of the NPC supervision is lacking, the object of supervision lacks the consciousness to accept supervision, and the active supervision consciousness of the main supervisory body is not strong. As a result, the means of the NPC supervision often exist to avoid being hard and soft. A tendency to lack rigidity. People's Congress supervision plays an important role in establishing socialist democratic politics, realizing administration according to law and safeguarding the basic rights of Chinese citizens. But on the whole, people's Congress supervision shows more abstract supervision than substantive supervision. More flexible supervision, less rigid supervision, more general supervision, less tracking supervision, more supervision after the event, less supervision in advance, etc. The work of supervision is still a weak link in the work of the people's Congress. The main problems are that the supervision of the NPC is facing the obstacles of the political system, the system of constitutional supervision is not complete, the mechanism of the operation of the NPC standing Committee is weakened; The political culture of NPC supervision has not really formed yet. In order to perfect the ways of NPC supervision in our country, we must deepen the political system reform, strengthen the supervision over the implementation of the constitution, strengthen the supervision function of the NPC itself, and cultivate and strengthen the rule of law soil of NPC supervision.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D622;D921.11

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