| The local people’s Congress Supervision is the mandatory power.owned by a local people’s Congress and its Standing Committee.its aim is thoroughly to ensure the implementation of national laws and safeguard the fundamental interests of the people, to implement mandated methods and procedurings to ban the abuse of power of administrative and judicial organs. to implement the right to inspection, investigation, supervise, rectify on state organs,.such Supervision has an extremely important position and play a positive role in the whole supervision system, which is decided by the people’s sovereignty principle.in this specific and practive principle, the supervision of the people is of the essence.a state right converted and elevated directly from the people’s sovereignty rights. is the highest supervision form of right –and –power balance.bluntly,such form speaks loudly.Therefore, the exercise of the local people’s Congress Supervision has the benefit of caging the power inside institutional system,avoiding the abuse of power, preventing and eliminating corruption, comprehensively promoteing the rule of law as a fundamental strategy, accelerating the construction the rule of law of Chinese characteristic socialism country; ensuring the development of Chinese characteristic socialism democratic politics,its aim is to implementing and maintenance of the people as masters of the country.Regretfully, The role of the local people’s Congress Supervision hasnot play very fully,it exits out of joint between theory and practice,such role plays very weakly, contrasted with the "hard" on theory and law system. Therefore, initiating a systematic research on the local people’s Congress Supervision, finding a solution to such Supervision plight, giving full play to its function of supervision, have very important theoretical and practical meanings Based on this, this article has carried on the system analysis on the basic problems of such Supervision. firstly, we expounded the basic theoretical problems of this supervision; secondly, we comed itshistorical development;thirdly we summarized its system issues.fourth,we illuminated the practiceful exercise of power relations; finally, we summarized its existing supervision problems, and puts forward some improvement suggestions.on such points,we can safeguard such Supervision implement very well,and ripe a largely sweet fruits.This paper is divided into five parts:The first section elaborates the basic theory of this Supervision, including its concept, characteristics, elements, functions,etc.on doing so is to clarifying the problem of such supervision Ontology.which laid a solid theoretical foundation for its follow-up study. The local people’s Congress Supervision is the important functions of local people’s Congress and its Standing Committee, is a symbol and safeguard of its authority’s status.it has the characteristics of democracy, global, authority, legality, indirectness.This right of supervision is organic compounds composed of different elements, its main body is the local people’s congresses and their standing committees; its object refers to those generated by the local people’s Congress and its Standing Committee, the state organs and state organs and is responsible to the local people’s Congress and its Standing Committee members;its content includes the supervision of legislation, the constitution law enforcement supervision, supervision of the Procuratorate ";its methods includes the ways to hearing and Consideration of the" bicameral "working report and plan and budget supervision, inspection of law enforcement, normative documents filing, ask questions, and the investigation of specific issues, such as the removal and dismissal.This supervision is essentially a supervision right of the people,accompanied with highly authority,its political position and role are positive in our supervision system. Therefore, this supervision is the most authoyitative sybol of wielding –power- people.,is the inevitable requirement of the National People’s Congress system, is an important pathway to develop Chinese socialist democratic politics.The second section elaborates the historical dimension of such supervision including the three stages : the period of revolutional bases; the period of from the founding of new China to the pre-reform –and- opening up; the period of the reform and opening up.meanwhile,we analyses the sequence of such supervision evolution, from which,we can draw some basic conclusions.China’s local people’s Congress supervision originated in the period of revolutional bases, formatted in the period of from the founding of new China to the pre-reform –and- opening up; the period of the reform and opening up; developed and improved in the period of reform and opening up. in the period of revolutional bases the Communist Party of Chinese has not only embarked on the road of the armed seizure of power, but alsoof the exploration of the revolutionary regime, such local supervision sprouts from a series testings of such the Soviet system, and the system of people’s Congress,and the Senate.in the period of from the founding of new China to the pre-reform –and- opening up, due to the new China’s foundation and establishment of 1954 constitution,our country realized the transition from the conference of people’s deputies to people’s Congress system, National People’s Congress and the local people’s congresses established at various levels,given the right of supervision to the National People’s Congress and its Standing Committee, the local people’s Congress which formally established the right of supervision of local people’s congress. In the period of reform and opening up, with the establishment of the local people’s Congress at or above the county level and the promulgation and implementation of the 1982 constitution, especially implement of the supervision law in 2006, the right of supervision of local people’s congresses in China has made great progress, and constantly improving.since the 18 th National Congress of the Communist Party of China, due to a series of right principles and policies of the party’s guidelines, our local supervision is proceeding on a new stage.The third section digs out local supervision system,it included hearing and deliberating the "bicameral" work report, financial supervision, inspection of law enforcement, regulate the record review, document inquiry, investigation of specific issues,etc. and clarified the relationship between the composition of the local people’s Congress Supervision system. on the perspective point of systematic science, the right of local supervision is composed of a series of specific supervision parts, but such specific supervision power is not be isolated disorderly, but completely Exist side by side and play a part together, which commonly constitute the organic system of the supervision.Therefore, local supervision system is a orderly and specific supervision authorities of the local people’s Congress supervision system is the local people’s Congress and its Standing Committee of the. Among them, hear ring and considering of the" bicameral "working report is an important form.and such form is also an important responsible manifestation of the" bicameral “system to the local people’s congresses and their standing committees.Financial supervision is the most importantly and effectively pathway to to control and supervise the government’s work. inspection of law enforcement is a specifical law supervision work based on on the basis of delegation inspection,this is a innovation product of supervision.meanwhile it is a unique mode of supervision operation supervision,and so on.The fourth section liiuminates how to exercise local supervision power.given a deep dig on the analysis of relationship between supervision by the NPC and the ruling party in power, the government administrative power, judicial power,we can find some exiting problems and give some perfect suggestions.only the research of representative institutions must be studied integratedly,so,we cannot know the real meanings of local supervision power without the relationship of practice power.however,such the relationship of practice power is not only the most important one but also the prior one to handle with.we should handle it zhis way:the leadershipi power of the ruling party prior to the supervision power of local congresses.the local supervision power isnot be ignored.but,such priciples is mixed and hard to handle wisdomly.In this regard, we should improve our mind,smooth our system,strengthen local supervision rights on the governing party right, straighten out the relationship between the local people’s Congress supervision; the relationship between power and the executive power of local government, local supervision rights is the most one.it must exercised supervision power on administrative government.to put it directly,such supervision is hard to assessment. legislative oversight is difficult to achieve effectively, personnel supervision is difficult to achieve substantively,financial supervision is difficult to achieve finely. Etc.Therefore, we must clarify the authority limitation, to strengthen the supervision of legislation, straightening out relations, strengthen personnel supervision, perfect the system, strengthen financial supervision, correctly handle the relationship between the two; the relationship between the local people’s Congress supervision and judicial power, is an important content of the supervision by the NPC to exercise the practice of power relations, the relationship between the two is the local people’s Congress supervision and the right to supervise the judicial power to the local judicial organs, but in practice,there are lots of imperfect malaria.such as“first Surface supervision”“first substance supervision ”“first individual case supervision”.therefore, We must ajust our traditional mode of judicial supervision,achive the realization of the three change: supervision focused on substantial,proceding and case supervision.The fifth section liiuminates the plight of the supervision and its solution. Although the thirty years of reform and opening up passed, China’s local people’s Congress supervision has made great progresses, institutionalized, standardized procedures, construction has been continuously strengthened, supervision effectiveness has made significantly.however,overall local supervision has been weaker point,contrasted with improving right demands of masses and administrative disorder.many plights exists,this includes local supervision focus is not prominent,local supervision means not tough,,local supervision proceduring incomplete, local supervision is not complete and so on.which seriously affected the effective operation of the supervision, it must be solved.In this regard, we must improve our awareness of local supervision, correctly handle the relationship between the party and the local people’s Congress, strengthen the ability of local supervision itself, so local supervision can works very well. |
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