当前位置: 2012新闻中心>>Related Laws

Provisions of the Standing Committee of the National People's Congress on Strengthening Inspection and Supervision of Law Enforcement

浏览字号:        日期: 2007-12-13       【打印本页】  【关闭窗口】

 

(Adopted at the Third Meeting of the Standing Committee of the Eighth National People's Congress on September 2, 1993)

For the purpose of upholding the dignity of the law, promoting law enforcement and enabling the Standing Committee of the National People's Congress to inspect and supervise law enforcement with more practical results, the following provisions on the inspection and supervision of law enforcement (simplified as inspection of law enforcement) are formulated in accordance with Article 67 of the Constitution and the provisions of relevant laws and on the basis of summing up the experience gained in practice in recent years.

1. The Standing Committee and Special Committees of the National People's Congress shall inspect and supervise the enforcement of laws, resolutions and decisions regarding the laws, which are formulated by the National People's Congress or its Standing Committee. Concentrating on major problems in reform and opening up and in the socialist modernization drive and problems that the masses are most concerned, a focal point for the inspection of law enforcement in a certain period shall be determined. Special effort shall be made to inspect and supervise the enforcement of laws regarding the socialist market economy so as to safeguard and promote the development of the socialist market economy.

2. In inspecting law enforcement, the Standing Committee and Special Committees of the National People's Congress shall chiefly inspect and supervise the law enforcement conducted by the competent organs in charge of the implementation of laws, and urge the State Council and the departments under it, the Supreme People's Court and the Supreme People's Procuratorate to promptly resolve the problems arising in the process of law enforcement. The team for inspection of law enforcement shall not directly handle problems.

3. The inspection of law enforcement shall be carried out in a planned way. The plan for the inspection of law enforcement shall include the contents, organizations, time, places, ways and requirements of inspection. The plan of the National People's Congress Standing Committee for the inspection of law enforcement shall, after being drafted by the General Office of the Standing Committee within one month after the annual session of the Congress is closed, be reported to the Council of Chairmen for approval and printed for distribution at a meeting of the Standing Committee. The plans of the National People's Congress Special Committees for the inspection of law enforcement shall, after being drafted within one month after the annual session of the Congress is closed, be coordinated by the Secretary-General of the National People's Congress Standing Committee before they are reported to the Council of Chairmen for the record. The General Office of the National People's Congress Standing Committee shall notify of the plans for the inspection of law enforcement the State Council and its departments concerned, the Supreme People's Court, the Supreme People's Procuratorate and the people's congress standing committees of the relevant provinces, autonomous regions, and municipalities directly under the Central Government.

4. The team for inspection of law enforcement shall be organized in line with the principle that the members are picked and work with high efficiency and convenience. The inspection team of the National People's Congress Standing Committee shall be composed of a head and certain number of members, all of whom are to be chosen by the Council of Chairmen from among the component members of the Standing Committee. The inspection team may be divided into several groups and manned with necessary working personnel. The team for inspection of law enforcement of a Special Committee shall be organized by the Special Committee itself. The inspection teams of both the Standing Committee and the Special Committees may enroll deputies to the National People's Congress and experts concerned to participate in their work, and they may also invite responsible persons of the competent organs in charge of law enforcement and the standing committees of the local people's congresses to take part in the work.

5. Component members and working personnel of the team for inspection of law enforcement shall familiarize themselves with and master the relevant laws, regulations and policies, collect material concerning law enforcement and hear reports of the competent organs in charge of law enforcement.

6. Members of the team for inspection of law enforcement shall go down to grass-roots units, go deep into the realities of life and go into the midst of the masses to learn and become well informed of the true conditions regarding law enforcement and study the problems in law enforcement by various means, such as hearing reports, holding informal discussions, paying private visits, making sample survey and conducting on-the-stop investigations. The departments and local authorities concerned shall support the work of the inspection team and provide it with true information and other necessary assistance.

7. After the inspection is over, a report on the inspection of law enforcement shall be prepared under the leadership of the head of the inspection team. The contents of the report shall include: an overall appraisal of the enforcement of the law under inspection; analysis of the problems in law enforcement and the causes for those problems; proposals for the improvement of law enforcement; and proposals for the amendment, supplementation and interpretation of the law where necessary. In the report the information must be true and objective, and no contradiction shall be evaded.

8. The report on the inspection of law enforcement prepared by the inspection team of the National People's Congress Standing Committee shall be submitted by the Council of Chairmen to the Standing Committee for decision on whether to place it on the agenda of its meeting. As for the report on the inspection of law enforcement prepared by the inspection team of a Special Committee of the National People's Congress, the Council of Chairmen shall decide whether or not to submit it to the Standing Committee for decision on placing it on the agenda of its meeting. The report placed on the agenda shall be delivered to a plenary meeting of the Standing Committee by the head of the inspection team and shall be deliberated at group meetings and at the plenary meeting. Leading members of the competent organs in charge of law enforcement shall attend the meetings to listen to comments and answer inquiries. Component members of the Standing Committee may address inquiries with regard to major problems in law enforcement. When necessary, the Standing Committee may make relevant resolutions. Reports on the inspection of law enforcement that are prepared by Special Committees but are not put on the agenda of the meeting of the Standing Committee may be deliberated by the Special Committees respectively.

9. The report on the inspection of law enforcement deliberated at the meeting of the Standing Committee of the National People's Congress and the comments and suggestions thereon shall be referred to the competent organs in charge of law enforcement in writing by the Council of Chairmen. The organs concerned shall seriously improve the enforcement of law and within six months make a report in writing to the Standing Committee on the measures for improvement and the results achieved. When necessary, such report may be submitted by the Council of Chairmen to the Standing Committee for decision on placing it on the agenda of its meeting for deliberation. Reports on the inspection of law enforcement deliberated by the Special Committees of the National People's Congress and the comments and suggestions thereon shall be referred to the competent organs in charge of law enforcement by the Special Committees respectively. The organs concerned shall report to the Special Committees on the measures for improvement of law enforcement and the results achieved. If a Special Committee is not satisfied with such a report, it may submit a relevant bill or proposal to the Standing Committee for deliberation.

10. With regard to major typical law-breaking cases discovered in the inspection of law enforcement, the Council of Chairmen may refer them to a Special Committee or a working body of the Standing Committee for investigation. The results of the investigation shall be reported to the Council of Chairmen, and the Council of Chairmen may, in light of the circumstances, demands the organs concerned to deal with the cases within a time limit. The organs concerned shall report the results of their disposition without delay. When necessary, the Council of Chairmen may submit the report to the meeting of the Standing Committee for deliberation. With regard to typical law-breaking cases of particularly grave nature, the Standing Committee may organize according to law a committee for the investigation of a specific problem. The Standing Committee shall not directly handle specific cases, which shall be handled by the competent organs in charge of law enforcement strictly in accordance with the procedures prescribed by law.

11. The mass media shall promptly report and publicize the inspection of law enforcement conducted by the Standing Committee of the National People's Congress. The General Office of the Standing Committee of the National People's Congress may hold news briefings on the inspection of law enforcement. Major typical law-breaking cases discovered in the inspection of law enforcement and their settlement may be made known to the public.

  来源:
责任编辑: Lydia
相关文章