人大质询权虚置问题研究

发布时间：2018-12-16 09:20

【摘要】：质询是我国国家权力机关对行政机关、审判机关和检察机关进行监督的一种法定形式。人大代表按照法定程序享有对“一府两院”提出质询案的权利。然而,自1954年将“人大质询”纳入宪法后,质询制度的相关立法和实践在很大程度上一直处于停滞状态,人大质询权基本出于虚置状态。人大质询制度在实践中长期面临诸多问题和阻碍,主要表现为质询案数量少,全国范围内的案例屈指可数;少量的已成案的质询内容平淡,监督效果疲软;质询活动多流于形式,绝大多数被“内部处理”或“冷处理”。这些现象阻碍了人大质询制度的不断完善,损害了人大监督者、为民请命的形象,其危害是隐形的,但对人大功能的正常发挥的影响是严重的。长期以来,学界不断对改进人大质询工作提出各种对策。但不争的事实是,人大质询制度虽反复被强调,却依然闲置如故。本文认为,这其中的一个重要原因就在于我们没有理清阻碍质询制度发挥作用真正缘由。这些缘由包括:微观层面上,制度设计本身有疏漏,制度的周延续和适应性方面不足,难以支撑人大质询权的运作;中观层面上,人大机关工作氛围不利于开展质询工作,质询主体也缺乏主动行使权利的意愿,质询积极性不高;宏观层面上,党和人大的关系规范性不足,质询案常常陷入尴尬境地而夭折。人大代表的选举制度在深层次上阻碍质询监督的实现,同时,整个社会发展阶段的限制也影响了质询权的开展。本文的研究目的不在于强调人大质询权的重要意义,也不在于针对质询权当前问题提出真知灼见的对策,而是在于通过对人大质询制度和代表权利的理论和实践的系统梳理,明晰人大质询权在人大监督体系中的地位和作用,深入分析人大质询权虚置、人大质询制度闲置的复合原因。只有在理论上充分厘清人大质询权长期虚置的真正缘由,我们对人大质询权的未来才有可能形成清晰的认识。
[Abstract]:Inquiry is a statutory form of supervision of administrative organs, judicial organs and procuratorial organs. Deputies to the National people's Congress enjoy the right to question the "one House, two Houses" in accordance with legal procedures. However, since the "people's Congress inquiry" was incorporated into the Constitution in 1954, the relevant legislation and practice of the inquiry system have been at a standstill to a large extent, and the power of the people's Congress inquiry has been basically out of the virtual state. In practice, the NPC inquiry system has been faced with many problems and obstacles for a long time, mainly manifested in the small number of inquiry cases and the limited number of cases in the whole country. Most of the inquiry activities are formalized, and most of them are treated internally or "cold." These phenomena hinder the continuous improvement of the people's Congress inquiry system, damage the image of the people's Congress supervisor and ask for the people's life, its harm is invisible, but the influence on the normal function of the people's Congress is serious. For a long time, the academic circles unceasingly to improve the people's Congress inquiry work proposed each kind of countermeasure. But the indisputable fact is that although the NPC inquiry system has been stressed repeatedly, it is still idle. This paper believes that one of the important reasons is that we do not clear the real reason for hindering the question system. These reasons include: at the micro level, there are omissions in the system design itself, lack of continuity and adaptability of the system, it is difficult to support the operation of the people's Congress inquiry right; At the middle level, the working atmosphere of the people's Congress is not conducive to carrying out the inquiry work, the interrogators also lack the will to exercise their rights actively, and the enthusiasm of the inquiry is not high; Macro-level, the relationship between the Party and the National people's Congress is not standardized enough, interrogations often fall into an awkward situation and abort. The election system of the deputies to the National people's Congress (NPC) hinders the realization of the supervision of the inquiry at a deep level. At the same time, the restriction of the whole stage of social development also affects the development of the right to question. The purpose of this paper is not to emphasize the significance of the people's Congress's right to question, nor to put forward the correct countermeasures to the current problem of the right of inquiry, but to systematically sort out the theory and practice of the system of inquiry and representative rights of the people's Congress. This paper clarifies the position and function of the people's Congress inquiry right in the supervision system of the people's Congress, deeply analyzes the compound reason why the people's Congress inquiry right is empty and the people's Congress inquiry system is idle. Only by fully clarifying theoretically the real cause of the long-term void of the people's Congress inquiry power can we have a clear understanding of the future of the people's Congress inquiry right.
【学位授予单位】：中共上海市委党校
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D622

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