Study On Problems In Exercising The Right Of Supervision By District Level Standing Committee Of The National People's Congress In Shanghai

Constitution of the People's Republic of China provides: All power in the People's Republic of China belongs to the people. The organs through which the people exercise state power are the National People's Congress and the local people's congresses at different levels. National People's Congress allocates part of its power to other state organs to exercise by the method of consignment and authorization. In case the public right being from the state is abused leading to dissimilation, the consequence will be rather grave. Therefore, the supervision system is generally regarded as the important pillar of modern democracy. Since liberation of People's Republic of China, especially decades of years'efforts after the implementation of opening-up policy, our state has established a huge state supervision system which is participated in by various supervision entities. The supervision by National People's Congress and the local people's congresses at different levels as the state power organs is juristically regarded as the most extensive and authoritative supervision among all the entities.This thesis will take NPC Standing Committee of Xuhui District for an example of district level NPC Standing Committee in Shanghai in order to study several problems about the right of supervision exercised by local state power organs in this level. After researching some basis problems in exercising the right of supervision and nearly thirty years'practice of district level NPC Standing Committees, the thesis will unveil internal reasons from present ineffective supervision and make some suggestion according to the problems.The thesis is made up of introduction and three segments.The thesis briefly discusses the background of study, the subject of study, the meaning of study and the methods of study in the part of introduction.The first segment discusses the basis problem in exercising the right of supervision by district level NPC Standing Committee including the definition, method, main characteristics, working principles and the conditions to realize the right of supervision namely the power ruled by law, the subject and object fulfilling the responsibility, and tuning the environment.The second segment researches status quo about exercising the right of supervision by district level NPC Standing Committee including the achievements and grave problems existing since the opening up. These problems mainly include deviation of thought and cognition, inadaptability of supervision subject, the lack of guarantee on supervision time , quality and integral force, the softer and weaker of supervision method and the unsatisfied result of supervision.The third segment analyzes the reasons of the problems mentioned above including three parts namely macro level, middle level and micro level. The reason at the macro level is the incomprehension to supervision by law and incompletion of single law and system law regarding supervision. The reason at the middle level is the inharmonious relation between NPC Standing Committee and outer environment due to the political mechanism. The reason at the micro level is the problems existing in supervision essentials and operation system, all of which bring obstacles into the efficient exercise of the right of supervision.The last segment makes some suggestion about farther promoting the exercising of supervision right by the district level NPC Standing Committee. As legal system and institutional framework belong to the level in the large, it can be settled by the power lower than district level. Only can mechanism be explored to make an innovation in the practice of district level NPC Standing Committee. Provided the mechanism is able to be operated efficiently, it will make up the limitation of legal system and obstacle of system. Therefore, the thesis suggests beginning from the operating mechanism combined with the four conditions mentioned in the first segment. The thesis will discuss from establishing the supervision environment of"rule by law", improving working mechanism of supervision subject, supervising behavior of supervision object and harmonizing the environment of supervision.