论文部分内容阅读
人大个案监督是在我国司法实践中产生的一种监督形式。其产生原因主要是为了防治司法腐败,但由于其缺乏法律依据,有害于司法的独立性,并且在实践操作中存在一系列问题,所以个案监督不宜提倡。但是,我国的国情决定了个案监督将长期存在,我们只能慎用个案监督,并对其进行规范,使个案监督合法合理进行。
The case supervision of the people’s congress is a form of supervision that has emerged in the judicial practice of our country. The reason is mainly because of the prevention and control of judicial corruption. However, due to its lack of legal basis and the detrimental to the independence of the judiciary, there are a series of problems in the practical operation. Therefore, case supervision should not be advocated. However, our country’s national conditions determine that case supervision will exist for a long period of time. We can only use case supervision with caution and regulate it to make case supervision legal and reasonable.