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People's Representative System And Abroad Parliamentarian System Comparative Research

Posted on:2012-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z WuFull Text:PDF
GTID:2166330332495503Subject:Constitution and Administrative Law
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The Representative System is the best system designed by human to ensure the democracy up to now, the effective method to realize the democracy. Representative system has been adopting by the most of countries in the world. Representative system has different manifestation in different countries. In China, we call it the People's Congress. In abroad, especially in western developed countries, we call it the Parliamentary System. Correspondingly, the member of the People's Congress is named the People's representative. While as the Parliamentarian in abroad, for example, the UK the USA etc. The parliamentary system formed in the western developed countries, especially the UK and the USA. The western countries gradually formed quite mature and stable parliamentary system. Compared with it, the people's representative system has some shortcomings, we need to perfect it.In our country , the people's representative must have our country's nationality, is 18 full years old and has not been deprived the political rights. compared with qualification of our people's representative, parliamentarians must have their country nationality; In the age, the different national stipulation is different, higher than china, moreover, if the occupation is not accommodating with the qualification of parliamentarian, the candidate who have the occupation has no chance to be elected; The candidate also has the nomination limit, only when they obtain certain quantity person's nomination, they can be elected parliamentarian; besides these requests, there also includes other requests, such as: guaranty money, length of residence and so on; Our representatives are elected by the voter, all the tenure in office is 5 years, during the assignment period ,they possible loses representative qualification because recalled, the resignation, loses nationality, death and so on, but also possible because investigated, the prosecution, the trial ,the representatives are suspended. While parliamentarians have many kinds of production way, for example the election, the appointment and so on, the member of the house of representatives by the way of election, the various countries' parliamentarian tenure in office from 4-9 year respectively, because their qualifications possible to be dismissed, the resignation terminated; the people's representative enjoys attends People's Congress's each kind of conference, propose the bill, the interpellation, the inspection power, the decision and the right to vote, appoint and dismiss the power, the criticism suggestion power and so on, they also enjoys three privileges : the opinion to exempt the responsibility, the person protects as well as the material specially helps, but also need to implement the constitution and the legal, keep the close contact with the original electoral unit and the voter as well as people and so on. Compares with our country, congressman's rights mainly include the proposal, the interpellation, the vote and so on; Similarly , they enjoy three privileges: the opinion to exempt the responsibility, the special person protection as well as the material helps, and need to do the diligent work, observe law and discipline; not to be engaged in occupation don't accommodate with the status of parliamentarian; The property need to be public , prohibition bribe and so on.Contrast people's representative system with parliamentarian system, unify the overseas experiences, the representative system carries on the consummation from following several aspects to our country's Deputy to the People's Congress. The standard our country Deputy to the National People's Congress's assignment qualifications should be reformed, for example enhance to the people's representative's age and the cultural quality request, enhances the lowest age of candidate elected to be Deputy to the People's Congress to 25 full years old; Through the limit provincial level below (including provincial level) all levels of Standing Committee of the National People's Congress component member age upper limit is not 60 full year old, the country and the provincial level is 65 full years old, finally, in suitable time, this requests are qualified with all Deputy to the People's Congress; In the city, the county, the township ,these three levels of Deputy to the People's Congress's cultural quality request must be have accepted 9 years compulsory education, in the nation and provincial level ,Deputy to the People's Congress must have done the high school or university's schooling. In the election way, our country's direct election scope from township and county levels to the city or provincial levels , for example, enhance the direct election to the provincial level in the eastern part province of china in the light of economy, in the mid-west provinces which underdeveloped to enhance the direct election to the city level. In the suitable time, we can implement direct election in all the People's Congress representatives. Compares in the row in representative's specially concurrent job, implement the specialty in National People's Congress, maintain provincial People's Congress some representatives in hold concurrent jobs proportion to some representatives who are specialty in province level, but in the city and county People's Congress, in all as mentioned above, (standing committee component member is specialty also proportion may maintain about 1/3) in the foundation implements in the expanded standing committee component member hold concurrent jobs. But in view of the question of the number of the representative are too many while the duration is too short, by the way of revising the law of representative, according to the formulation of the distribution of the seats in the American member of the house of parliamentarian, we can maintain about 1500 representatives in National People's Congress, enhance the conference duration of the Standing Committee of the National People's Congress to be 20 days, so every year may has 120 days, National People's Congress's duration extension is 1 month, and in suitable time ,we can enhance it to 2 months.
Keywords/Search Tags:representative system, people's representative, parliamentarian, comparative research
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