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Performance Analysis On The Supervision By People's Congresses And Their Standing Committees

Posted on:2008-10-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:A B XuFull Text:PDF
GTID:1116360218461373Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Being studied by many scholars from both domestic and abroad through the perspective of theoretical, systemic and practical, the supervision by parliaments or the supervision by people's congresses has been an old topic. However, this Paper is trying to study this topic from a whole new perspective. The author puts forward the concept of the supervision performance of people's congresses by borrowing the concept of performance from the industrial and commercial administration; he also establishes a set of standards and ways for analyzing the supervisory performance of people's congresses by adopting the relevant theories and methods of the performance analysis, and has received some useful elicitations and experiences by putting those standards and ways into practice. This Paper consists of four sections:In the first Section, the author has, on the basis of the systematic study of the concept and category of performance and its development and evolvement, of the theories and practices of performance management and evaluation, of the framework of the supervision system of people's congresses and the problems existing in the operation of such supervision system, found the connecting point of the performance theory and the supervision of people's congresses. People's congress is a special form of social organization, and its operations and activities will bring about the organizational performance. Supervision is an important function of people's congresses and is also an important composing part of the operational performance of people's congresses and, more specifically, brings about the supervisory performance of people's congresses. Performance is the useful result that benefits both the operation subject and the society of human beings, which can be reflected by the results that realize the aims and ideas of the organization in the field of organizational performance and by the progresses and effects that realize the supervisory function of people's congresses. The supervisory performance of people's congresses can be divided into three aspects, namely: One, the performance on safeguarding the unity of the legal system, which is focusing on safeguarding the unity of the legal system and the authoritativeness and dignity of the Constitution and laws, and on forming an effective system for resolving the conflicts between different laws. Two, the performance on restricting the power, which is focusing on guaranteeing the correct exercise of the powers of administration, judgement and prosecution that are authorized by the Constitution and laws, and on effectively supervising and restricting the power and preventing the abuse of power and corruption. Three, the performance on safeguarding civil rights, which is focusing on effectively preventing the public power from damaging the civil rights, and on insuring the civil rights against disrespects and damages. Compared with the performances of enterprises or governments, the supervisory performance of people's congresses has its own characters and can be more complex. So, the performance analysis of the supervision of people's congresses will be more challenging.In the second Section, the author discussed the necessity and urgency of establishing the performance analysis system of the supervision of people's congresses. Major western countries have introduced the ideas and methods of management of the private sector into the public administrative departments and widely carried out the performance analysis since 1970s. Public departments in our country also have started to carry out the performance analysis and implemented the regulations on the evaluation of the performance of budgets, leading groups and leading members in recent years. The development process of the performance analysis of public departments shows that the performance analysis, whose application scope is enlarging, is an effective tool for governance and is an important mechanism to promote reform, and its application in the field of the supervision of people's congresses bears broad prospects. Since the promulgation of the Constitution in 1982, it has witnessed a process, from starting to exercise the supervisory power to realizing the importance of the actual effects of supervision, and to taking gaining actual effects as the vital factor to the supervisory work, that people's congresses have attached more and more importance on the actual effects of the supervision of people's congresses. The pursuing of the actual effects of the supervision of people's congresses requires effective tools and methods for evaluating the result of such supervision. However, the study on the supervision of people's congresses in recent years overemphasizes the study on the theory basis and systematic regulations while ignoring the results of such supervision and lacking of the standards for systematically analyzing the supervision results. The performance analysis of supervision will carry out study on whether or not the supervision system is operating, the operation process and its results, etc., and provide new ways for a scientific understanding of the supervisory system and its effects. The performance analysis of supervision, which is based on the result of supervision, will be of practical significance and be conducive to enhancing the awareness of supervision, avoiding formalism in supervisory work, creating a mechanism that encourages people dare to supervise and be good at supervise and guiding the supervisory work develops in the best way.In the third section, the author systematically discusses the standards and ways to analyze the supervision performance of the people's congress. It is necessary to establish a set of scientific standards and analysis methodology to analyze the supervision performance of the people's congress. The mainly used standard to evaluate the performance of public organs is 4E (economic, efficiency, effectiveness and equity). Based on the features of the supervision by the people's congress at current stage, the text provides four standards and ways to analyze the supervision performance. The first is the standard of in accordance with law. To establish the basic strategy of managing state affairs under rule of law, and set up the aim to develop a country ruled by law requires the supervision of the people's congress according to legal procedures and within the power defined by law, as well as stick to collective and open supervision. That's the pre-positive standard for the supervision by the people's congress. The standard of in accordance with law can be analyzed through ways such as implementing regulations, detailed supervision plans, results of the supervision, and evaluation from the public and the supervised. The second is the standard of rationality. The people's congress has the discretion on whether to supervise, how to supervise and to what extent it supervise. Meanwhile, supervision cases show that exercising supervising power by members of the people's congress has a collective feature, and might be influenced by emotional opinions, which requires exercising supervising power rationally. It requires supervising activities in conformity with the purpose of supervision and meet the standards of necessity, justice and fairness. The standard of rationality is closely related to the standard of in accordance to law, and can be analyzed from aspects, such as results of the supervision, and evaluation from the public and the supervised. The third is the response standard. Response is the basic requirement for a representative government. As an organ reflecting public opinions, the people's congress should response to its supervision. It is provided in law that the people's congress shall exercise its supervising power based on social needs. Meanwhile, the extensiveness of members of the people's congress also provides a condition to respond to the needs of supervision. The analysis of the response standard can be carried out in comparing the activities supervised by the people's congress with problems in letters from the general public, grave emergencies, and issues in the members'suggestions. The fourth is the standard of actual effect. It has become the main line in the supervision work as well as the supervision over the legislation work to require the supervision generate actual effect and play a practical role. Actual effect of the supervision requires regulatory documents be revised and actions be held responsible when not in conformity with the constitution and laws, and thus improve the work of the supervised, and make the deterrent role of supervision full into play. The analysis of the actual effect of the supervision can start from analyzing to what extent problems are solved; then move to the improvement in the work of the supervised; and finally to the overall development of the society and the democratic legal system.In the fourth section, the author intends to apply the analysis on standards and ways to the analysis on the supervision by the people's congress. After defining the object and contents in the analysis of the supervision by the people's congress, the text provides an analysis on the actual effect of examinations on enforcement of laws conducted by the people's congress in recently years. The analysis shows a high response to examinations on enforcement of laws, which is rather effective to solve specific problems; however, it does not substantially influence the overall improvement of the enforcement of laws. Based on the analysis of the actual effect of examinations on enforcement of laws, it is concluded that we should focus on the supervised, maximize its role in solving specific problems, and choose proper examinations on enforcement of laws to enhance the effect of examinations on enforcement of laws.Conclusion: The analysis on performance is a useful instrument, and it is quite necessary and can be used in the study on the supervision by the people's congress. The establishment of standards and ways for analysis has laid a foundation for scientific analysis on the supervision performance, and also provides beneficial inspiration for its application in practice.
Keywords/Search Tags:People's Congress, Supervision, Performance
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