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对人大代表采取强制措施制度是司法实践中一个热点和难点问题。由于对人大代表采取强制措施审查许可制度立法宗旨的曲解,以及对审查许可程序性质的错误认识,加之此项法律制度本身的缺陷,导致司法实践中审查许可制度执行时的混乱局面。本文对此进行了初步的审视与分析,并提出了一些修法建议。
It is a hot and difficult issue in judicial practice to impose a system of compulsory measures on NPC deputies. The misinterpretation of the legislative purpose of reviewing the licensing system by the compulsory measures taken by NPC deputies as well as the misunderstanding of the nature of the review licensing process and the defects of the legal system itself led to the chaos in the implementation of the review permitting system in judicial practice. This article has carried on the preliminary examination and the analysis to this, and proposed some revision suggestions.