A Study Of The Decision Power On Major Issues Of Local People's Congresses

The decision power on major issues is an important power of various levels of the NPC (The National People's Congress of the People's Republic of China) and a basic functional authority of the NPC as a representative organ. The Congress has the power to make authoritative decisions, which is an important part of democratic decision-making, on the important matters related to the development, reform, stability and the interests of people. The effective exertion of the decision power on major issues of local People's Congresses bears an important practical significance on perfecting the sound construction of local authorities, and promoting the democratization and scientific of the decision-making on major issues of local People's Congresses.Although the decision power on major issues is an important power of local People's Congresses, the theoretical study of this power is still insufficient compared to legislative power and supervision power; In practice, there are also many problems in the specific operation of local People's Congresses. It is thus of great necessity to study for this topic.The first chief questions of the study of the decision power on major issues are what "the decision power on major issues" is and how to define "major issues". Over the years, it has been controversial on the relations between the decision power on major issues and other three basic powers of the NPC. There are mainly three views, "the decision power as the core", "four powers crosses" and "four powers stand apposed". The "four powers stand apposed", which reflects the normative function of different powers, can entitle the decision power on major issues with its own unique content and more fit into Chairman PENG Zhen's speech. It is a difficult problem in the practice of local People's Congresses to define "major issues", as it is a vague and dynamic concept. This essay maintains that it shall be defined by an integrated interpretation of the NPC Legislative Affairs Committee, the entities listed in local legislations and the procedural mechanism of local People's Congresses.There are a series of institutional functions in setting up the decision power on major issues, mainly in three aspects:the principle to achieve people sovereignty, the promotion of democratic and scientific decision-making, and the exertion of local initiatives.The decision power on major issues of local People's Congresses is mainly from the authorization of "Constitution" and "The Local Organization Law". To understand truly the decision power on major issues of local People's Congresses, it shall be a must to study the provisional texts of "Constitution" and "The Local Organization Law". By the analysis of the relevant provisions of "Constitution", it is recognized that the decision power scope of the local People's Congress shall be consistent with that of Standing Committee, but both be limited accordingly; by the analysis of the related provisions of the decision power on major issues of the People's Congresses at the county and the town level in "Local Organization law", it is recognized that the NPC and Standing Committee shall distribute the decision power on major issues the according to the meeting time and the importance degree; the town People's Congresses also have the decision power on major issues, but biased in favor of the decision range of the implementation; it is a specification on the provisions of "Constitution" by the local provisions on "to discuss and decide major issues" made by the provincial People's Congresses. Through the practical study, this essay is to discuss the content of the legislative purpose, basis and scope of delineated, the scope of major issues and the relevant procedural requirements in local laws and regulations in different provinces.The decision power on major issues of local People's Congresses, the political executive power of local party committees and the political executive power constitutes the main way of local decision-making. In the local decision-making system, it shall be related to the rationalization of the organization and distribution of the local decision-making power and will affect the quality of the decision-making from the questions that whether it is a right coordination between the NPC's decision right on major issues and other two powers, and whether it is in accordance with the constitutional logic operation. The principle of dealing with the decision-making relations between the NPC and the Party Committee is to uphold the party's leadership and to respect and play the role of the NPC; for the relation between the NPC and the government, it shall be the power distribution among the state organs. The local governments'position in the power structure is the executive organ at its NPC level. Therefore the NPC's decision is mainly implemented by the Government's specific policies.