人大常委会执法检查法律效力研究
发布时间：2018-10-05 17:06
【摘要】：人大常委会的执法检查是一种重要的法律监督权，《监督法》对此作出了明确的规定。但与常委会听取同级“一府两院”的工作报告，审批政府预决算，发展计划，政府工作报告等监督方式相比，执法检查这种监督方式具有特殊性。同时，在实践中，人大执法检查的实际效果也受到了很大的争议。在被广泛的运用的同时，执法检查也常会被认为措施太缓和而效果不佳，也有不少地方人大常委会针对此进行了一些制度上的改进和创新探索。之所以会有这样的争议存在，主要就是因为执法检查发现问题后解决问题的方式比较特殊，这种方式不具有法律强制力，但是却有约束力。而这正是这篇论文想要关注的问题。 以往学者在撰写关于人大执法检查的论文或著作时，主要将视角放在执法检查制度的历史沿革，执法检查的方式方法的改进。但执法检查制度的法律效力也是一个值得深入探讨的问题。如果能从理论上对执法检查的法律效力进行确认的话，不仅是对人大监督理论的一个细化阐述，也有利于执法检查制度实效的更好发挥。笔者主要采取了实证分析和规范分析的方法对执法检查制度的法律效力进行研究。 第一部分，对我国人大常委会执法检查制度进行了概述。通过概述简要介绍了我国执法检查制度的法律渊源，并以分析执法检查的法律概念入手，引入到法律效力的探讨，并对执法检查的法律效力做了明确解释。 第二部分，对执法检查制度进行了一个实证分析。执法检查所针对的法律具有特殊性，执法检查在发现问题后处理问题的方式也具有特殊性，执法检查的法律效力除了在法律规定的针对同级“一府两院”提出整改意见，还有着更为丰富的内容。进而初步得出执法检查效力的特点。 第三部分，着重分析常委会组成人员针对执法检查报告所作出的“审议意见”的法律效力。从“审议意见”的形成程序，法律文本的规定以及票据程序等角度进行论述得出“审议意见”无法律强制性的结论。从“审议意见”这个核心概念出发解读执法检查制度的法律效力。 第四部分，分析了影响执法检查制度法律效力的因素，主要包括检查缺乏针对性，，信息公开程度不够，配套制度不够完善，以及批评建议缺乏强制力。 第五部分，针对第四部分中所论述的相关影响因素，提出相应的应对措施，以使得执法检查的实效能够得到更好的发挥。 执法检查的法律效力是一种温和的政治压力和影响力，对其特殊性进行解读，能够让我们更加科学地看待执法检查这种监督方式也更有利于其效力得到发挥。
[Abstract]:The NPC standing Committee's law enforcement inspection is an important legal supervision power, which is clearly stipulated in the Supervision Law. However, compared with the way of supervision, such as listening to the work reports of "one government, two courts" at the same level, examining and approving the government's budget and final accounts, developing plans, and government work reports, the standing Committee has its own particularity in the way of law enforcement and inspection. At the same time, in practice, the actual effect of NPC law enforcement inspection has also been very controversial. At the same time, law enforcement inspection is often considered to be too mild and ineffective, and many local people's congresses have carried out some system improvement and innovation exploration. The reason why there is such a dispute is mainly because the law enforcement inspection finds a special way to solve the problem, which is not legally coercive, but binding. This is exactly what this paper wants to focus on. In the past, when scholars wrote papers or works on the law enforcement inspection of the people's Congress, they mainly focused on the historical evolution of the law enforcement inspection system and the improvement of the methods and methods of the law enforcement inspection. However, the legal effect of law enforcement inspection system is also a problem worthy of further discussion. If the legal effect of law enforcement inspection can be confirmed theoretically, it is not only a detailed elaboration of the supervision theory of the people's Congress, but also conducive to the better exertion of the effectiveness of the law enforcement inspection system. The author mainly adopts the method of empirical analysis and normative analysis to study the legal effect of law enforcement inspection system. The first part summarizes the law enforcement inspection system of the standing Committee of the National people's Congress. This paper briefly introduces the legal origin of the law enforcement inspection system in China, and begins with the analysis of the legal concept of the law enforcement inspection, introduces the legal effect into the discussion, and makes a clear explanation of the legal effect of the law enforcement inspection. The second part, carries on an empirical analysis to the law enforcement inspection system. The law that law enforcement inspection aims at has particularity, the way that law enforcement inspection deals with problems after discovering problems also has particularity. In addition to the legal effect of law enforcement inspection, in addition to putting forward rectification opinions on "one government, two houses" at the same level as stipulated by law, There is more to it. Furthermore, the characteristics of the effectiveness of law enforcement inspection are preliminarily obtained. The third part focuses on the legal effect of the review opinion made by the members of the standing Committee on the law enforcement inspection report. This paper discusses the forming procedure of "deliberation opinion", the stipulation of legal text and the procedure of bill, etc., and draws the conclusion that "deliberation opinion" has no legal compulsion. This paper interprets the legal effect of law enforcement inspection system from the core concept of "review opinion". The fourth part analyzes the factors that affect the legal effectiveness of the law enforcement inspection system, including the lack of pertinence of inspection, the degree of information disclosure is not enough, the supporting system is not perfect, and the criticism of the lack of mandatory force. In the fifth part, according to the related factors discussed in the fourth part, the corresponding countermeasures are put forward, so that the effectiveness of law enforcement inspection can be better brought into play. The legal effect of law enforcement inspection is a kind of mild political pressure and influence. To interpret the particularity of law enforcement inspection can make us look at the law enforcement inspection more scientifically and be more conducive to its effectiveness.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D624
本文编号：2254176
[Abstract]:The NPC standing Committee's law enforcement inspection is an important legal supervision power, which is clearly stipulated in the Supervision Law. However, compared with the way of supervision, such as listening to the work reports of "one government, two courts" at the same level, examining and approving the government's budget and final accounts, developing plans, and government work reports, the standing Committee has its own particularity in the way of law enforcement and inspection. At the same time, in practice, the actual effect of NPC law enforcement inspection has also been very controversial. At the same time, law enforcement inspection is often considered to be too mild and ineffective, and many local people's congresses have carried out some system improvement and innovation exploration. The reason why there is such a dispute is mainly because the law enforcement inspection finds a special way to solve the problem, which is not legally coercive, but binding. This is exactly what this paper wants to focus on. In the past, when scholars wrote papers or works on the law enforcement inspection of the people's Congress, they mainly focused on the historical evolution of the law enforcement inspection system and the improvement of the methods and methods of the law enforcement inspection. However, the legal effect of law enforcement inspection system is also a problem worthy of further discussion. If the legal effect of law enforcement inspection can be confirmed theoretically, it is not only a detailed elaboration of the supervision theory of the people's Congress, but also conducive to the better exertion of the effectiveness of the law enforcement inspection system. The author mainly adopts the method of empirical analysis and normative analysis to study the legal effect of law enforcement inspection system. The first part summarizes the law enforcement inspection system of the standing Committee of the National people's Congress. This paper briefly introduces the legal origin of the law enforcement inspection system in China, and begins with the analysis of the legal concept of the law enforcement inspection, introduces the legal effect into the discussion, and makes a clear explanation of the legal effect of the law enforcement inspection. The second part, carries on an empirical analysis to the law enforcement inspection system. The law that law enforcement inspection aims at has particularity, the way that law enforcement inspection deals with problems after discovering problems also has particularity. In addition to the legal effect of law enforcement inspection, in addition to putting forward rectification opinions on "one government, two houses" at the same level as stipulated by law, There is more to it. Furthermore, the characteristics of the effectiveness of law enforcement inspection are preliminarily obtained. The third part focuses on the legal effect of the review opinion made by the members of the standing Committee on the law enforcement inspection report. This paper discusses the forming procedure of "deliberation opinion", the stipulation of legal text and the procedure of bill, etc., and draws the conclusion that "deliberation opinion" has no legal compulsion. This paper interprets the legal effect of law enforcement inspection system from the core concept of "review opinion". The fourth part analyzes the factors that affect the legal effectiveness of the law enforcement inspection system, including the lack of pertinence of inspection, the degree of information disclosure is not enough, the supporting system is not perfect, and the criticism of the lack of mandatory force. In the fifth part, according to the related factors discussed in the fourth part, the corresponding countermeasures are put forward, so that the effectiveness of law enforcement inspection can be better brought into play. The legal effect of law enforcement inspection is a kind of mild political pressure and influence. To interpret the particularity of law enforcement inspection can make us look at the law enforcement inspection more scientifically and be more conducive to its effectiveness.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D624
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