The Research On The Duty Of The Representatives Of Provincial People’s Congress

With the continuous deepening of the reform of political system in China,the system of National People’s Congress is also increasingly developing and improving.The rectification of the electoral law and the representative law in 2010 not only realizes the election of the representatives by the same proportion of the population in the rural area and the urban area but also further regulates the performance of their duties and strengthens the effect of the performance of their duties. The rectification of the three laws of the people’s Congress including the local organization law, the electoral law and the Representative law further intensify the work and the construction of the County and Township People’s congresses which Vigorously promote the vigorous development of National People’s Congress system.But at the same time, we should also realize that there are still some problems to be solved in the system of National People’s Congress and the ownership of more full democratic rights of the people can be ensured only by continuously improving the people’s Congress system.The requirement of developing more extensive and full and sound democracy and supporting and ensuring the implementation of the power by the people and the new requirement about National People’s Congress in the near future was raised in the 18 th CPC National Congress.The new requirement includes increasing the proportion of the representative of the basic people’s congress such as front-line workers, the peasants, and the intellectual and decreasing the proportion of the representatives of the cadres of the Party and government with establishing the liaison agency and improving the system of integrating with the mass and increasing the proportion of full-time members and enhancing their ability to perform their duties according to law. The statement provides data about the policies for the study. The dissertation aims at realizing the most extensive democracy of the people guided by the basic principles of Marxism with literature analysis, historical analysis, comparative analysis,qualitative and quantitative analysis under the framework of the interaction between the system and the behavior. The dissertation examines the performances of the duty of therepresentatives of provincial people’s congress of H province during 2008-2012 from several angles endeavoring to wholly presents the performances of the duty of the representatives of provincial people’s congress of H province and explores the subjunctive and objective factors concerning their performances by analyzing the relation between the performances of the duty of the representatives of provincial people’s congress and the establishment of the system of the people’s congress system, conceiving the basic thoughts of enhancing the performances of the duty of the representatives with regard to the establishment of the system and the representatives.The people’s congress system is the unique organizational form of the political power of our country and the basic form of people’s democracy of which the operational situation embodies the developmental level of our country’s democracy. The people’s congress is the core of the people’s congress system and the representative of the people’s congress system is the executive body of the people’s congress system of which the duty directly influences the operational effect of the people’s congress and the people’s congress system and the realization of the political power of our people’s democratic country. The system of performing the duties of the representatives of the people’s congress is an important part of China’s National People’s Congress. The system means that the representatives elected in the people exercise the management of the state and social affairs according to the provisions of the Constitution and laws on behalf of the people and perform their duties embodying the nature of the people’s exercising the power. Marx’s theory of people’s Sovereignty, his thoughts of representative system and the theory of the system of the representative provides ample theories for the system of performing the duties of the representatives. The operation of the system of performing the duties of the representatives has approximately three stages.The first stage refers to the profile about the the system of performing the duties of the representatives in the early period of China. The second period refers to the profile about the the system in the the anti-rightist movement and the Cultural Revolution period. The third period refers to the profile about the the system since the implementation of reform and opening-up. Enhancing the awareness of civil rights and improving the laws and regulations provides the the realistic foundation and adequate guarantee for the gradual improvement ofthe system of performing the duties of the representatives with optimizing the environment for the performance of the duties of the representatives.The dissertation empirically examines the performances of the duty of the representatives of provincial people’s congress of H province during 2008-2012 from several angles based on Marx’s theory of people’s Sovereignty and his thoughts of representative system and his representative theory under the framework of the interaction between the system and the behavior. The dissertation endeavors to wholly presents the performances of the duty of the representatives of provincial people’s congress of H province and explores the subjunctive and objective factors concerning their performances by analyzing the relation between the performances of the duty of the representatives of provincial people’s congress and the establishment of the system of the people’s congress system, conceiving the basic thoughts of enhancing the performances of the duty of the representatives with regard to the establishment of the system and the representatives.The environment for the performance of the duties of the representatives provincial people’s congress of H province is constantly optimized and the situation of the performance of their duties is always improved and the the effect of the performance of their duties is enhanced especially in recent years since the implementation of reform and opening-up with the construction of the system of China’s National People’s Congress. But meanwhile some problems in the performance of the duties of the representatives of China’s National People’s Congress can’t be neglected. The problems are as follows: firstly, two highs and one low exists in the constitution of the representative of China’s National People’s Congress denoting the high proportion of the representatives of the cadres of the Party and government and the managers of some enterprise and the low proportion of the representatives of the grass-roots Mass which impairs the representation and democracy of the system; secondly, the main problems during the session of the people’s Congress include being present at formal meeting but being absent from informal meeting, inadequate inquiry and dismissal and improper proposals; thirdly, the main problems of the people’s Congress in the period of intersession include loose contact with the mass, rough inspection and investigation, formalistic Law enforcement inspection and less passion of the representatives in attending the meeting.Fourthly, The problems concerning the guarantee and the supervision of the performance of their duties include special protection of human, the period of performing their duties, the right to know the fact and improper material and supervision in the aspect of performing their duties.The legal duty of the representatives of the people’s congress system is the basic content of the performances of the duty of the representatives including the guarantee to perform their duty and the supervision to perform their duty and so on. The basic duty of the representatives of the people’s congress system contains the duty of the people’s congress in session and out of session. The duty of the people’s congress in session includes attending the meeting, raising the proposal, raising the suggestion and the criticism, offering the inquiry, discussing the proposal, attending the election, proposing the removal and making the decision. The duty of the people’s congress out of session includes contacting the mass, performing the inspection, making the investigation, inspecting law enforcement, reviewing the work of the government and the Supreme People’s Court and the Supreme People’s Procuratorate and attending the relevant meetings. The guarantee to perform the duty of the representatives of the people’s congress mainly includes the rights of free speech, human special protection, the period of the representatives performing the duty, the guarantee concerning materials and organizations and so on. The supervision to perform the duty of the representatives of the people’s congress mainly includes the system of reporting their work in the electors and the representatives’ electoral unit, suspending the post of the executive representatives’ and removing the representatives.There are many factors affecting the performance of the duty of the representatives of the people’s congress. The factors concern the law, the system, the history and the requirement of the development of the times. The main factors are embodied at three levels including the quality level, the law level, the system level. the quality level involves weak consciousness of the representatives and the lack of knowledge of the representatives affecting negatively the initiative to perform their duty and the lack of ability of the representatives affecting negatively the effectiveness of performing their duty. The law level involves imperfect law regulations of performing the duty of the representatives which concerns the existence of thelegislative defects and the lack of implementing rules of some legislative regulations and the guarantee of the process and the imperfect mechanism of the mass participating the law-making. The effectiveness of performing the duty of the representatives of the people’s congress depends on the guarantee and the upholding of relevant laws at the system level involves and some problems in the present representative system are obstacles to the representatives performing the duty affecting negatively performing the duty of the representatives of the congress and the effect of their duty.The dissertation conceives the basic thought of enhancing the effect of performing the duty of the representatives of the congress based on the analysis of the main problem in terms of performing the duty of the representatives of the congress and the relevant factors. Firstly,the election system should be improved including appropriately expanding the direct electoral district and reforming the candidate nomination system and appropriately introducing the competing mechanism and improving the structure of the representatives and so on. Secondly,the environment in which the representatives perform their duty should be improved including perfecting the guarantee mechanism of performing the duty of the representatives and establishing the evaluation system of performing the duty of the representatives and the supervision system of performing the duty of the representatives and so on. Thirdly, the ability of performing the duty of the representatives should be enhancing including strengthening role cognition education and raising the consciousness of performing the duty of the representatives and increasing the intensity of learning and training and instilling new vitality into performing the duty of the representatives and intensifying the representatives’ sense of political effectiveness and improving the effect of performing the duty of the representativesThe dissertation endeavors to make a thorough and systematic analysis of the problems about the performances of the duty of the representatives of provincial people’s congress of H province by empirically examining the performances of the duty of the representatives of provincial people’s congress of H province based on the previous related research results.However, limited by my expertise and research levels I have difficulty in making a more in-depth analysis of some problems such as the Budget supervision concerning theperformances of the duty of the representatives of the people’s congress because it involves many aspects and multidisciplinary knowledge. Furthermore, the performances of the duty of the representatives of provincial people’s congress has a strong practicality and the relevant departments don’t have adequate materials about the performances of the duty of the representatives of the people’s congress which makes it difficult to make a further study of some problems due to inadequate supporting materials. To sum up, performing the duties of the representatives of the people’s congress is a long-term project that should be focused on.The dissertation is only a preliminary exploration of the project.