A Study On The System Of Hearing And Reviewing Special Work Reports By The Standing Committee Of The People's Congress

The Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China explicitly proposed to improve the supervision system of the “one government,one committee and two chambers” of the People?s Congress,with the aim of promoting the formation of a more mature stereotype of the socialist system with Chinese characteristics.Listening to and reviewing special work reports is not only the most frequently used and most frequently used statutory method for the Standing Committee of the People?s Congress to exercise its supervisory power,but it has also gradually formed a specific system in the People?s Congress supervision system.In our country,the supervisory power of the People?s Congress is an important power conferred by the Constitution and laws on state power organs,and it is at the top of the supervisory system.For a long time,the Standing Committee of the National People?s Congress,as the permanent organ of the National People?s Congress,has exercised relatively regular supervisory powers over the work of “one government,one committee and two chambers”.From the perspective of history,norms and practice,it is found that the system of listening and reviewing the special work report is rooted in the operating mechanism of the Chinese People?s Congress system,and gives play to the institutional advantages of the people as masters.Institutional advantages must be brought into full play and effectively implemented before they can be transformed into national governance effectiveness.However,existing studies on the listening and deliberating of special work reports focus more on the macro aspects of the NPC?s oversight power and the fragmented repair of specific procedures and mechanisms.Faced with the new structure of “one government,one committee and two chambers” under the system of people?s congresses confirmed by the new constitution,the academia still lacks follow-up and comprehensive systematic research on the latest changes in the practice of listening to and deliberating special work reports.With the establishment of local supervision committees,it has become a main way for the Standing Committee of the People?s Congress to hear and deliberate on special work reports,and it is urgent to standardize this system.In view of this,it is necessary to take normative analysis as a starting point to interpret the institutional connotation of listening to and deliberating special work reports.This paper explores the theoretical origin of institutional formation and Chinese mechanism by combing the historical context.Taking theory and practice as two key points,the paper systematically demonstrates the constitutional dimension of institution and the root cause of bottleneck problem.Finally,the goal is to realize the rule of law of the system of hearing and deliberating special work reports and comprehensively improve the oversight effect of the NPC standing committee.Following the constituent elements of the system,the Standing Committee of the National People?s Congress listens to and reviews special work reports.It is supported by formal national regulations.It has established relatively standard physical rules and procedural rules,and is guaranteed to be implemented by informal rules and organizational mechanisms.A set of practices has been formed.Effective institutional mechanisms.Among them,the main body of supervision power is the Standing Committee of the National People?s Congress at all levels,which means the Standing Committee of the National People?s Congress at and above the county level;the objects of supervision are expanded from “one government,two chambers”as stipulated in the supervision law to “one government,one committee and two chambers”as added by the supervision law;the contents of supervision are focused on “special work”,that is,“the overall situation of reform,development and stability and the vital interests of the masses”.The supervision procedure focuses on listening and deliberating behaviors,and has a series of steps such as topic selection,research,assignment,tracking and implementation.From the perspective of power and capability,the power to hear and examine special work reports may include the right to know,the right to investigate,the right to deliberate and the right to dispose of them.From the characteristic analysis,listens to and deliberates the special work report,is regarded as the work supervision one kind,has the regular,the pertinence,the timeliness.It is a legal concept in Chinese constitutional law with specific connotation and special scope to hear and deliberate special work reports in comparison with other oversight methods of the NPC.Exploring the theoretical basis,jurisprudence logic,and evolutionary process of listening to and reviewing the special work report system can explore the Chinese mechanism behind the system.Hearing and reviewing special work reports are based on the supervision theory of the socialist state power organs.In essence,it supervises the work of “one government,one committee and two chambers” on behalf of the people.In accordance with the principle of division of powers among state organs,the supervision of the Standing Committee of the National People?s Congress must be carried out in accordance with the law and without exceeding its power.“Supervision”and “Support”;we must adhere to the principles of the rule of law,and cultivate and enhance the ability to use law thinking and methods to deal with problems.The supervision of power organs in China has the highest status in political life,and under the leadership of the communist party of China,the supervision power representing the interests of the majority of the people has been aroused.Reviewing the changes in the system and norms of oversight by the NPC,we can see from the legal point of view that listening to and deliberating special work reports follows the institutional logic of the government?s “work report” to the NPC.Its embryonic form can be traced back to the first great revolution period as the embryonic form of the workers government provincial and port strike committee to the provincial and port university strike workers congress report work system practice.After the founding of the People?s Republic of China in 1949,constitution of 1954 set forth a standard expression for state organs to “report their work” to the NPC and its Standing Committee.In the supervision law promulgated in 2006,the concept of “hearing and deliberating special work reports” was used for the first time in the law.In 2018,the supervision law came into force,and the scope of oversight over the hearing and deliberation of special work reports was extended to the commission.Since the first session of the National People?s Congress,the work system for listening to and deliberating special reports has been constantly standardized and improved in the constitution and laws.History has proved that this is a supervision system of the National People?s Congress in line with China?s national conditions and with Chinese characteristics.In order to examine the actual effect of oversight,the standing committee of the National People?s Congress,which is representative and overarching,may be selected to describe the similarities and shortcomings of the system for hearing and deliberating special work reports.From the perspective of supervision subject and supervision object,through the study of 151 samples of special work reports heard and deliberated by the standing committee of the NPC since 2007,we can find their macro characteristics in the way of determining topics,the distribution of supervision contents,the main supervision procedures,the completion of the supervision plan and the legal effect of supervision.By studying the specific patterns of special work reports made by “one government,one committee and two chambers”,we can find the differences in the supervision contents and limits of different supervision objects.In particular,we need to pay attention to the particularity of hearing and deliberating special work reports of supervisory organs.At present,the practice of special work reports of local supervisory organs has emerged one after another,while the practice of special work reports of the national supervision commission has not yet emerged.Therefore,the system?s problems can be summarized as: the lack of uniformity in the rules for listening and reviewing the special work report system;the “special” definition of the special work report is not very clear;the differences in reporting priorities between different monitoring objects are not obvious;the legislative norms are not detailed enough;The effectiveness of review results and follow-up supervision are weak.Following the rationale of legal research,listening to and reviewing the imp rovement of the special work reporting system,we can continue to move forwar d in the track of the construction of the rule of law along the logical context of improving the “idea-substance-procedure-implementation”.First,we must adhere to the characteristics of the Chinese Constitution and base our constitutional logi c on socialism.A correct understanding of the constitutional status of the Nation al People?s Congress and its standing committee and the relationship between sta te organs can reveal the status and function of listening and reviewing special w ork reports in the entire people?s congress?s supervision system.Although the Co mmunist Party of China does not directly participate in the listening and review of special work reports as the main body and object of supervision,it plays a c omprehensive leadership role in the supervision system of the People?s Congress as the core of the leadership of China?s socialist cause.Secondly,improve the or ganization system and deliberative system of the people?s congress,and set up a people?s congress organizational structure that is responsible for supervision.As far as the National People?s Congress is concerned,as a state power organ,it is not only the working organ responsible for exercising the powers conferred by t he Constitution,but also the representative organ in close contact with the deputi es and the masses.As a working organ,it must have a special organization to c oordinate and supervise the work,reasonably distribute the supervision functions within the Standing Committee of the People?s Congress,and form an effective decision-making and operating system.Thirdly,it is recommended that the Standi ng Committee of the National People?s Congress formulate a special rule of proc edure,that is,the “Rules of Procedure for the Standing Committee of the Nation al People?s Congress to Hear and Review Special Work Reports(Recommended Draft)”.Mainly from the perspective of strengthening the implementation of the l aw,refine and improve the main content of the supervision law to listen to and review special work reports.Determine the scope of the special work report,use the “list and pocket” legislative model,clarify the scope of the three categoriesof special work reports that should,can,and should not be used,and legalize t he scope of the special topic.Refined the legal procedures for listening and deli beration,established special procedures for prior investigation of work,improved the reporting system for the principals of the organization,improved the system for members of the Standing Committee to perform their duties,and deepened th e open mechanism of the NPC?s supervision.Finally,clarify the effectiveness of the review results,improve the effectiveness of review opinions through votes,cl arify the necessary conditions and procedures for review resolutions and review d ecisions,establish a review evaluation mechanism for review results,determine le gal responsibilities for dissatisfied review results,and implement a variety of mo nitoring methods cohesive transformation.The system of listening and reviewing special work reports is a major link in the supervision system of the People?s C ongress,which is an important part of the People?s Congress system.The compr ehensive promotion of the authority of the People?s Congress requires starting fro m the thinking of the rule of law and the way of the rule of law as the startin g point to promote the seamless connection and effective exercise of the powers of legislative,supervisory,decision-making,appointment,and removal of the peo ple?s congress,consolidate their strengths,strengthen enforcement,and maintain t he essence of the people being the masters of the country.