The legal and political circles and other Chinese people are all astounded by the constant growth in the corruption cases involving judicial authority staff being investigated and prosecuted in recent years.In order t...The legal and political circles and other Chinese people are all astounded by the constant growth in the corruption cases involving judicial authority staff being investigated and prosecuted in recent years.In order to control judicial corruption,it has become an important form of legal supervision by the people's congresses to supervise individual cases and to this end the Standing Committee of the National People's Congress has specifically promulgated the Provisions on the Strengthening of the Inspection and Supervision of the Implementation of Laws which are deemed by many scholars a direct legal foundation for the people's congresses to supervise individual cases.Nevertheless,the means of supervising individual cases by the people's congresses in these provisions are limited to investigation and investigation of specific problems.In fact,the investigation of specific problems in connection with typical law-breaking cases should be based on the questioning for typical cases.Ⅰ.Predicaments confronting the people's congresses to address questions in typical casesIt has been long that nobody shows any interest in the employment of questions in typical cases as a means of supervising individual cases by the people's congresses,and therefore it is hard for the questioning system to be implemented.In the author's opinion,there are following difficulties in establishing the questioning system for typical cases: 1.There are stricter requirements for initiating the question proposals.For example,a question proposal can not reach the authority to which questions are addressed until it goes through the presidium or standing committee;nor can it become a "question proposal" until it is officially placed on the agenda.According to the Law of the People's Republic of China on the Supervision of the Standing Committee of People's Congress at All Levels (the "Supervision Law" for short),there are stringent legal procedures for question proposals;that is,only by being placed on the official agenda can question proposals become proposals.In practice,however,some question proposals tend to become representative proposals,which means some representatives from certain authorities concerned will make oral statements at the scene or make replies in writing,which,it should be pointed out,is against the law.展开更多
文摘The legal and political circles and other Chinese people are all astounded by the constant growth in the corruption cases involving judicial authority staff being investigated and prosecuted in recent years.In order to control judicial corruption,it has become an important form of legal supervision by the people's congresses to supervise individual cases and to this end the Standing Committee of the National People's Congress has specifically promulgated the Provisions on the Strengthening of the Inspection and Supervision of the Implementation of Laws which are deemed by many scholars a direct legal foundation for the people's congresses to supervise individual cases.Nevertheless,the means of supervising individual cases by the people's congresses in these provisions are limited to investigation and investigation of specific problems.In fact,the investigation of specific problems in connection with typical law-breaking cases should be based on the questioning for typical cases.Ⅰ.Predicaments confronting the people's congresses to address questions in typical casesIt has been long that nobody shows any interest in the employment of questions in typical cases as a means of supervising individual cases by the people's congresses,and therefore it is hard for the questioning system to be implemented.In the author's opinion,there are following difficulties in establishing the questioning system for typical cases: 1.There are stricter requirements for initiating the question proposals.For example,a question proposal can not reach the authority to which questions are addressed until it goes through the presidium or standing committee;nor can it become a "question proposal" until it is officially placed on the agenda.According to the Law of the People's Republic of China on the Supervision of the Standing Committee of People's Congress at All Levels (the "Supervision Law" for short),there are stringent legal procedures for question proposals;that is,only by being placed on the official agenda can question proposals become proposals.In practice,however,some question proposals tend to become representative proposals,which means some representatives from certain authorities concerned will make oral statements at the scene or make replies in writing,which,it should be pointed out,is against the law.
