人大选举法律监督体系建设的宪政向度

The Constitutional Direction on the Construction of Legal Supervisory System of the People's Congress Election

从现代宪政文明的角度对我国的人大监督、监督人大和人大选举的监督之间的内在逻辑关系进行法理学的透视和澄清,旨在探寻我国人大选举法律监督体系建设的宪政路径。由此得出的基本结论是,单方面地强调人大监督进而忽视监督人大的作法将无助于建构我国真正的民主宪政体制;对人大选举过程的监督则介于人大监督和监督人大之间,其制度构建的正当性和实效性取决于民主理念与法治价值之间的微妙平衡。

This paper,from the view of modern constiutional civilization,clarified the logic relationship between the supervisory of people's Congress,the supervisory to people's Congress and supervising the election process of the People's Congress.Hereby,emphasizing the supervisory of people's Congress but ignoring supervising people's Congress,can't do any help to constructing a genuine system of democratic constitutional.Supervising the election process of the People's Congress is between the supervisory of people's Congress and supervising People's Congress,whose system construction depends on the balance between the democratic ideas and the value in Rule of Law.