【作者】 王伟；

【导师】 颜德如；

【作者基本信息】 吉林大学 ， 公共管理， 2008， 硕士

【摘要】 2006年下半年出台的《监督法》使地方人大监督工作再度成为人们关注的焦点,但随之而来的如何增强地方人大对“一府两院”权力运行的监督实效,让人民群众充满期待。究其原因,地方人大监督权力在一些地方事实上的“虚置”状态是很重要的一个方面。人大监督在国家权力体系中具有其他监督手段无可比拟的优势,是我国实现民主化和法制化的关键。本文想要解决的问题是如何在监督法的法律框架下增强地方人大对“一府两院”权力运行的监督实效。本文对《监督法》出台前我国地方人大监督职能的实施情况进行了客观分析;然后阐明了新出台的《监督法》对地方人大监督职能的具体化、程序化和规范化的法律要求;最后则以贯彻落实《监督法》为基础,就加强地方人大常委会监督职能,进一步增强对“一府两院”监督工作实效作以综合分析,寻找解决问题的对策。更多还原

【Abstract】 The National People’s Congress is on behalf of the state and the people, it’s supervision have legal effect. over the years,in order to perform the duties of organs of state power,the local people’s congresses and its Standing Committee have made unremitting efforts and explore in strengthening supervision work.However,NPC’s supervisory role was not obvious.This is inconsistent with the provisions of the Constitution and law, the deputies requirements and the expectations of the masses. In fact, this is the widespread presence that the National People’s Congress ’s supervision is not high in initiative and weak in deterrent effect and inadequate in supervision authority.In the party and the state’s oversight system , it has been become an inevitable requirement of strengthening the supervisory role of the National People’s Congress to building a socialist country ruled by law.After 20 years of the development from 1986, the supervision law was vote through finally of the 23nd session of the 10th NPC Standing Committee on August 27, 2006. The supervision law is of great significance on upholding and improving the people’s congress system , strengthening the NPC’s supervision work , promoting administration according to law and fairing administration of justice and promoting socialist democratic politics. How to the NPC’s supervision work have become an the NPC workers in the face of an important topic after the supervision law, This paper will promote and facilitate the NPC workers to enhance the effectiveness of supervision in the theoretical level and further promot the NPC’s supervision work in-depth development by an analysis of the local people’s congresses supervisory functions after the supervision law.Base on the supervision law this paper briefly discusses the legal basis of China’s local people’s congresses and their standing committees at all levels to carry out supervisory work, the fundamental nature for the supervisory function and the position and role of the supervision work before the supervision law. With the background of the supervision law ,this paper introduces the basic content of supervision law and legal requirements of supervision law of local people’s congresses. The core part of this paper is countermeasure treatise of solving the problem Main Contents of the paper: Sound local People’s Congress Standing Committee supervision means.Constitution and the laws entrusted to the NPC and its Standing Committee to a wide range of supervisory power.In work supervision,Firest is the need to efforts for "co-ordinate arrangements ";Second is the need to work hard in "investigate and research";Third, we should give efforts" serious consideration; Fourth, we need to work hard in "supervise the handling ".In legal supervision , First, the legal supervision should be the focus of supervisory work; Second is prominent legal supervision; the third is the use of effective monitoring tools; the fourth is to track supervision, strengthen disposal. Promote organic combination of NPC’s supervision and supervision,social supervision;combination of NPC’s supervision and supervision is favorable for playing its function to be more standardized operation ;combination of social supervision is more objectivity, impartiality, and also has the unique organ of state power authority, statutory, to achieve a just and efficient supervision.Improve the measures for implementation of supervision law.Improve the system of supervision of the National People’s Congress building, the key lies in the supervision law, under the supervision of systematized, standardized and scientific.How to implement People’s Congress power to supervise has been no specific legal provisions. It is extremely necessary to formulat and local laws and regulations to implemente the supervision law. However, it should be grasped points:First, thesupervision law is a highly political law. supervision law is not an isolated text of the law , It is also a political document ,carrying a strong political significance.This is that we first need to grasp a major problem.Second, the supervision law is a procedural law.As the local laws and regulations or legal normative documents,it have a certain degree of difficulty on how have been further deepened, refined and filled and the procedural requirements. Third, aroud the local people’s congresses and its Standing Committee is not balanced in supervision work and legislative experience, therefore can not be lumped together. Grasp the several key links in implementation of the supervision law,such as: Open to the community;oversight of plan and budget ;enhance the Standing Committee for examination capacity, etc. In this paper,these key issues have been done some note,however, it is still not detailed, specific operations should be refined to enhance operability.In short,the paper’s aim is by in -depth study oversight functions of the supervision law, to carry out the local people’s congresses and their standing committees supervision work into reality to promote the building of China’s socialist legal system.更多还原