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The Differences and Requirements of the National People’s Congress on Administrative and Judicial Supervision

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① In terms of supervision objects, high-level People's Congress organs have less supervision over the "one government and two courts" at the same level, and more supervision over the law enforcement activities of the subordinate departments of the "one government and two courts"; they have less supervision over government work and less supervision over the law enforcement of the "two courts"

Lots of activity supervision.

Due to historical reasons, it has long been customary to refer to the "public prosecutors, prosecutors, and law enforcement agencies" as law enforcement agencies, and to refer to their exercise of powers as law enforcement, while treating the government as an exception. It was not until the 1980s, especially after the implementation of the Administrative Litigation Law, that the law gradually

Although this cognitive bias has been changed, its adverse impact on the supervision of the National People's Congress has not been eliminated.

② In terms of supervision content, there is less supervision of major decisions and more supervision of general administrative and judicial actions.

For example, the supervision of government budgets by people's congresses at all levels is too simple and formal.

What is even more noteworthy is that due to the imperfection of the law, there is currently a lack of clear regulations on whether the National People's Congress should review the government's extra-budgetary revenue and expenditures.

This provides convenience for some localities and departments to set up private treasury, and also makes the income and expenditure accounts such as "Mayor's Fund" and "County Chief's Fund" free from the supervision of the National People's Congress.

③ In terms of forms of supervision, there is no distinction between legal supervision and work supervision, administrative supervision and judicial supervision, macro supervision and micro (case-by-case) supervision, and they are accustomed to using one model and one set of methods.

④ Regarding the subject of supervision, the supervision of the People's Congress, the Standing Committee of the People's Congress, the supervision of the Directors' Meeting, the supervision of special committees or working committees, the supervision of the People's Congress deputies and even the supervision of individuals are often confused and collectively referred to as the supervision of the People's Congress.