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Research On The Problem Of The Full-time Deputy

Posted on:2005-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:B DongFull Text:PDF
GTID:2156360122499731Subject:Law
Abstract/Summary:PDF Full Text Request
Nowadays China is in the period of development of the marketeconomy, developing of market economy requires perfect of democracy,economy and politic can bring out the best in each other. NationalPeople's Congress what has advantages that differs from capitalismparliament accords with People's Democratic Dictatorship; it is ourfundamental political system. Our country is the primary stage ofsocialism, however, socialist-economy, politic and culture are stillbackward. Advantages of People'Congress System can't developenough. Now, we should develop economy and refine People'sCongress System for the accordance with promotion of society.Standing committee of the National People's Congress added twentyspecial commissioners. Full-time deputy starts. This article is aboutfull-time deputy. Theoretical Foundation of full-time Deputy National People's Congress System, which differs from Marxistparliamentary, has developed in the basis of Marxist parliamentarysystem. The relation of People's Congress and other state organs differsfrom Western separation of three powers. It uses principle of separationof power and model of restriction; it is separation of power in nature. IfPeople's Congress is the same as other state agencies, which make up offull-time deputy, it will enforce completely function of law making andfunction of supervising other state agencies. Present situation and abuse of People's Congress System. People's Congress System what has advantage is our basic politicalsystem that need refine. We must adhere it. It's present conditions are asfollows: First, system of direct election doesn't establish, system ofindirect election confuse the relation of elected and electoral body, soelectoral body find it difficult to supervise and recall the elected. Second,Time of People's Congress meeting is short, resolution and law are 45passed much hurriedly by People'Congress. Third, because quantity ofdeputy to the People's Congress is numerous, deputy can't exercise thepower well and becomes "machine of vote". Fourth, extension of deputyemphasized makes deputy lack in ability of participating and arguingpolitics. Fifth, functionaries of state and judicial apparatus can bedeputies. Authority of People's Congress is be neglected. Sixth, whatdeputy becomes an honor makes electoral body and elected neglect theduty of deputy. Above the condition of People's Congress System listed are madeby part-time deputy. Part-time deputy causes the followingcircumstances in implementing duty of deputy: First, the part-time deputy system brings to contradiction betweenjob of deputy and job of society. Deputies to People's Congress are keymember of all trades and professions, they undertake heavy party affairs,government affairs as well as other affairs.. These deputies makenecessarily their own job put in initial position and their deputy job putin the amateur position. Second, the implementation of deputy's joblacks guarantee because of the part-time deputy. The planed economychanges into market economy, society allotment system and laborpersonnel system varies greatly. The law stipulates definitely and clearlythe law position of the deputy, however, politics institutions fall behind,the benefit of the deputy can't realize, the deputy's exercising the powerhas no guarantees in time and material. Third, deputy to People'sCongress, particularly, deputy who served as functionaries of state andjudicial apparatus is not only the component member of the stateauthority, but also the leader of the state administration. This limitsdeputy to implement duty correctly. Finally, deputy implements dutynegatively and lack understanding job and law concerned, so the effectof the power of the People's Congress is limited. Part-time deputy hassome problems, so full-time deputy is the trend .of the times. Necessity of full-time deputy.
Keywords/Search Tags:Full-time
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