Research On The Relationships Between China's Congressman And Their Constituency

That the relationships between the people's congressman and their constituency directly influences the functional levels of the fundamental political system of the people's congress of China. For quite a long time many people believed that the Marxist theory of authorized delegation between people and their constituency and the combination of legislative and executive powers actually constructed the political mechanism in China. The thesis points out that the conception can not hold water. For Marxist theory based on the direct election and recall system along with the responsible delegation between congressman and their constituency otherwise there is no authorized delegation exists.The thesis links the existed five models of the congressman and their constituency with the Chinese one, cleans up and puts forward the multiple delegation between the congressman and their constituency in Chinese people's congress system. The analysis on the structure of the constitutional system lays a foundation to construct the hypothesis of the thesis. The logic of our constitution rests with people's democracy and socialism. The whole structure of the political mechanism is the democratic centralism and the people's congress system is also based on it. The political jurisprudence provides the foundation of this multiple delegation.The analyses on the existing relationship between the people's congressman and their constituency supports the hypothesis and provides the reality for the folks to comprehend. The analyses mainly possess the following several aspects.First, from the direct election system to understand the multiple delegation. It includes the anslysis on the Marxist theory and the character on the political election. That the people's congress system imitated the soviet election system of the post Soviet Union and flexible adopted as well as recasted it and the universal electoral principles. Further, the thesis will also unscramble the previous direct election of the people's congressman and the current one. To investigate the whole political structure, it is necessary for the exploration of the very relationship between the congressman and their constituency.Second, to explore the indirect electoral system of the people's congressman. It includes the analysis on the party-governed national political system, the structure based on the democratic centralism, takes the party group as the substantial political structure, runs through the standing committee of the people's congress and the presidium. To explore and analyse the congressman's election of the regional and county's with the addition of the national people's congressman will also strengthen the very point of the multiple delegation.Third, to explore the superintend and recall system will include the analysis on the classical theory and the nomological foundation, the surveillance on the individual congressman as well as the congress. The analysis on the superintend porcess and the obstacles of the system indicates that the constituency can seldom make surveillance on their congressman. Furthermore, the thesis will explore the recall system which means the constituency and the electoral units can recall their congressman according to the law while acturally not. The obstacle of the nomology and the absence of the process makes it impossible for the constituency to supervise and recall their congressman successfully.Fourth, to explore the practical performance of the congressman to carry out their mission. It includes both the congressman participate in the conference to put forward bills and suggestions and to investigate and inspect outside the conference. The letters and visits system also incuded in the constitution for the constituency to offer suggestions and complaints to the whole national political system, thus it is necessary to explore the structure and the effect of the mechanism. From the perspective of the political system, this part actually constitutes the transformation process in the whole system.All of the above have provided the justification for the nucleus proposition of the multiple delegation both in theory and in practice.To understand the multiple delegated relationship between the congressman and their constituency thoroughly, several aspects can be listed below. First, this is one of the delegated relationships which according to the the Matxist should be the authorized one while actually not. Second, the dalegation is a multiple one which consists of the party deputy, the state deputy(the legislature,the executive and the judicatory), the law guardian, the policy maker and the public opinion. These requirements are all out of the constitutional framework. Thus the congressman can be said a role of "multiple delegated aggregate". Third, these delegated channels constructed the structure with the democratic centralism as its axial, with the pinpoint that the public opinion should be on the political authority decending from the center and give some necessary attention to the ascending theory of the public opinion as the assistant measurement. Last and the most important, it is the party who shapes and controls the very relationships.The relationships bring the congressman into a multiple net work which makes the congressman face a puzzled selective plight when carry out their performance as the deputy. Thus, in order to elude themselves from the risk and hazard, the congressman will do nothing but wait through individual rational calculation. Otherwise they will face great political venture and the pressure from the environment. So from the calculation with the increased devotion on their delegation work in the political structure, the degressive function will emerge. Thus the delegated group still not exert their political function nowadays. In order to change this situation, it is necessary to construct a responsible delegated political structure for the congressman to their constituency.The present delegated relationship also constructed a pyramidal structure which faultages occur in several taches of the public opinions ascending from below and in the system designment makes it impossible for opinions of the grass roots to ascend to the state volition. That the practical status of the state power system is quite different from the western representative governmental system from the birth to the development till the practice. Thus to analyse the origin, the development, the system structure and the effectiveness of the people's congress system will definitely find some limitation and insufficiency which brings the rational justification for the system to innovate and improve.It is possible for the folks to apprehend the real vision of the people's congress system through the analysis and the argumentation of the multiple delegated structure. From the angle of the political development, it will also bring some enlightenment to the development and improvement of the people's congress system. To analyse and conclude the system to find the relationships of the variables and to find out the crucial factor which influences the delegated structure and to check up the hypothesis will achieve the aim of the thesis. Last, it is necessary to put forward the influence of the structure to construct the political system and the capacity of the political system as well as the tendency of development.