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The Procedural Study Of The Standing Committee Of The Local People's Congress Exercising The Power To Decide On Major Matters

Posted on:2020-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2416330596980487Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As is known to all,as an important power conferred on the Standing Committee of the local people's congress by the Constitution,the power to decide on major issues can accelerate the rule of law and ensure that the people are the masters of the country,which is conducive to giving full play to local enthusiasm and initiative on the basis of unified leadership.To realize the important role of the decision-making power of the Standing Committee of the local people's congress.At this stage,there are problems of decisive decision-making power of major issues.To a different extent,there are problems such as unclear definition of major issues,unclear procedural regulations,unclear self-understanding,and deep-rooted traditional models,leading to the decision-making power of the Standing Committee of the local people's congress.Can not be effectively exercised and played.Therefore,in order to promote the effective exercise of the decision-making power of the Standing Committee of the local people's congress,it is necessary to systematically sort out and analyze the procedures for exercising the decision-making power of major matters on the basis of clarifying the scope of major issues.In order to conduct research on the procedures for exercising the decision-making power of major matters,it is necessary to conduct relevant theoretical analysis on the decision-making power of the Standing Committee of the local people's congress and conduct relevant normative research on "major matters".This paper first discusses the concept of decision-making power of major matters,and focuses on the theoretical basis of the decision-making power of major matters,and then clarifies the boundary of the decision-making power of major matters,including the relationship with the decision-making power of general matters,and other people's congresses.The relationship between the decision-making power,the relationship with the party committee's decision-making power,and the relationship between the government's decision-making power,and finally,in the current state of China,there is no national legislation on major matters,except for Gansu.The texts of local laws and regulations promulgated by the Standing Committee of the National People's Congress of 29 provinces and cities outside Tibet were analyzed,and the contents of matters and matters of major events were summarized.Further,the analysis of the adjustment of “major matters” by the revision of the regulations was further discussed.The “Major Events” revision trend analysis ensures that “major issues” are clearly defined,do not go beyond the boundaries of authority,and do not deviate from the terms of reference.At this stage,there is no national legislation on the procedural regulation of the decision-making power of major matters,and the regulation of the decision-making power of major matters mainly depends on local legislation.So far,only the Standing Committee of the 29 provinces and municipalities other than Gansu and Tibet have formulated the “Regulations for discussion and decision on major issues”,and these local regulations are still in the stage of continuous improvement.Based on the local laws and regulations of 29 provinces and municipalities,this paper analyzes and summarizes the general procedures for determining the major issues in local regulations on the basis of the provisions of the Constitution and the Constitution on the determination of major issues,and combines the procedures in practice.The mode of operation analyzes the three phases of the Standing Committee of the local people's congress,which is the starting phase,the discussion and decision phase,and the post-decision processing phase,and then discovers the procedural issues implied in the three phases.On this basis,combined with practice analysis,the problems of the Standing Committee of the local people's congress in exercising the decision-making power of major matters were summarized and analyzed.In the article,on the basis of the deeper analysis and argumentation on the four aspects of the deviation of the power of the subject,the power exercise,the power exercise,and the power exercise,the author tries to propose a new development proposal: The first is to strengthen the top-level design and establish national legislation as soon as possible;the second is to propose procedures for determining major issues and to provide relevant institutional guarantees;and the third is to introduce an evaluation system,a debate system,a hearing system,and an expert consultation system in the review process for major issues.The protection of citizens' right to know;the fourth is to improve the system in the major matters decision process;the fifth is to strengthen the supervision report in the implementation stage of major issues,and improve the relevant responsibility system.On the basis of the practice of the decision-making power of major matters,the scientific analysis of the exercise procedures is more conducive to the exercise of the decision-making power of major matters.The procedural study is very important for the Standing Committee of the local people's congress to exercise the power to decide on major matters.However,it is not enough to make the decision-making of the Standing Committee of the local people's congress more and more perfect.It is not enough to clarify the law.The regulation of the matter and the scientific definition of the decision-making power of major matters.On the basis of grasping the boundary of the decision-making power of major matters,follow the principle that the Standing Committee of the local people's congress should exercise its powers,and construct a benign interactive mechanism of “party committee leadership – government draw – standing committee decision”,and improve the procedures for discussing major issues.The main body of major issues and the improvement of the dispute determination mechanism are the key points of the system guarantee mechanism.At the same time,in view of the problem of the top-level design gap at the current stage,the article summarizes the experience of local legislation in the end,analyzes the background and opportunities of the national legislation for the discussion of major issues,and hopes that relevant special legislation will be introduced as soon as possible to effectively guide local legislation and practice.
Keywords/Search Tags:Standing Committee of the local people's congress, major events, decision-making power, procedures
PDF Full Text Request
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