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Thesis on Civil Superintendence

Author: GongDaoJing
Tutor: JiMinLi
School:
Course: Legal
Keywords: cross-province arrest civil superintendence exertion way exertion limits crime of defamation rights of jurisdiction
CLC: D921
Type: Master's thesis
Year: 2012
Downloads: 134
Quote: 0
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Abstract


Civil superintendence is one basic right endowed to citizens by our constitution, oneright showing people ’ s sovereignty, and a power source of state authority supervision. Itsestablishment and exertion are practically significant to build state supervision system, toconsolidate and defend political power, to prevent and crack down on crime, to develop andperfect democracy, and to promote the development of Harmonious Society. As the basis ofour state’s whole supervision system, superintendence should be devoted enough attention.However, it doesn’t function well for the lack of corresponding system. At present, thecircumstance where citizens in China exert superintendence is not optimistic.The phenomenon “cross-province arrest” in reality directly reflects that Chinese citizensmeet big trouble when exerting their superintendence. In November,2010, Wang Peng, alibrary worker in Gansu Province, denouncing his classmate Ma Jingjing who cheated in thecivil service exam of the Ningxia Hui Autonomous Region, was arrested by the police in WuZhong city, Ning Xia, for being suspected as involved “crime of defamation”. The thesis,taking the case as entry point, analyses in detail all juristic problems involved int the case anddraw a conclusion that as a citizen of people’s Republic of China, Wang Peng behaved withinthe limits of superintendence regulated by constitution and his behavior deserves legal protect.But the police of Wu Zhong city is no doubt infringing citizen’s lawful right and interests,which is public power’s provocation to civil superintendence.Judging from this case, that citizen’s superintendence cannot be exerted effectivelyresults from the ill-manners of those being supervised, the light punishment of those damagesuperintendence, and the lack of relevant legislation. Therefore, in order to eliminate thisunreasonable phenomenon, the fundamental way is institutionalization and legalization ofsuperintendence. Meanwhile change the sense of persons in power and severely punish thosewho violate superintendence to ensure and promote the realization of civil superintendence.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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