Supervision On The Vertical Management Organizations Of Local People's Congress

In 2006, the reform of administrative organ makes vertical management become a focus once again. Some sections carry on the reform in succession and many units which included in local governments sequence at first, such as State Tax Bureau,State Land Administration,State Administration for Industry and Commerce,State Bureau of Technical Supervision etc. Those become administrative vertical management organizations. Such reform promoted the Macroscopic Readjustment and Control, and overall construction of law enforcement. However, the law can hardly regulate the structure of the vertical management organizations. And along with the vertical management organizations increasing gradually, the power of them strengthening gradually, the lack of supervision appeared in these organizations. That led to various corruption and illegal phenomena. Therefore, enforcing the supervision of Local People's Congress to the vertical management organizations is extremely urgent.The first part of the article starts from the present. First, the writer looked back the situation of the reform of vertical management in recent years. As matters stand, there is going to be more administrative vertical management organizations. Second, that's the definition and the classification of the administrative vertical management organizations. Nowadays, there are a few definitions of the vertical management organizations in the sphere of learning and practice. It is easy to sum up the characteristics. They read as follows. Vertical and relative independence are the characters of the administrative vertical management organizations, among them relative independence consists of independence from the Local People's Congress, local administrative organizations and Party committee.The second part mainly analyses the necessity of the Local People's Congress'supervision. Firstly the supervision of Local People's Congress to vertical management organizations is legitimate. Both"Constitution of P.R.C"and"Organic Law of the Local People's Congress and Local People's Government of P.R.C"vest the Local People's Congress in the local administrative division with authorities. The authorities are guaranteeing the Constitution, laws and administrative regulations'abidance and practice and important matters'discussion and deciding in the local administrative division. From the situation of the structure of organizations ,it shows that the vertical management organizations'setting up are almost according to their higher bodies'documents , lacking laws'further regulation .Besides , from the functions of Local People's Congress, there are mainly legislative power, decision power of important matters , supervisory power and power of appointment and removal . The basic duties are guaranteeing the Constitution, laws and administrative regulations'abidance and implementation in the local administrative division as well as the higher people's congresses'resolutions and policies'implementation. Among them, supervisory power is the most important and vertical management organizations and their branches in various districts are one of the subjects of the supervision. Secondly, supervision is necessary to improve the supervisory system .At present, supervisory system includes supervision of political parties, congress supervision, administrative supervision, judicial supervision and supervision of the public opinion. Every style of supervision have advantages and disadvantages, they need be in harmony with one another. Because of having the advantage on region, and the ability to make up the defect of the National Peoples Congress and vertical management organizations well, we even need to enhance the supervision. Thirdly, supervision is the demand of the function structure. That can promote vertical management personnel's construction; Vertical management organizations demand the coordination of other sections inside the administration district. That will give efficient play to function. It will bring direct and significant influence to the economic development, society progress and the standard of product and life in the locality. Though vertical management organizations separate from the local government's leadership, but they still work in the local district according to the law. Finally supervision is the demand of strengthening the construction of Local People's Congress. The supervision to vertical management organizations is a work that is lawful and professional greatly, which put forward the higher request to the people's deputies and public functionary in Standing Committee of the Local People's Congress.The third part of the article is the predicament of supervision. Various reasons cause sinking into this kind of predicament. Above all, the inclination of vertical management organizations'privilege is more and more serious. In the next place, the legal system is imperfect which result in that the supervisory mechanism is also imperfect. In addition, The Local People's Congress has its own reasons. Such as the deputies are lack of information, which cannot find out vertical management organizations'work clearly. Then it's unscientific to appoint the people's deputies. That causes they can't do their duty well. At last, some people's deputies, public functionary of vertical management organizations and the mass are impercipient. Above reasons all restrict the congress supervisory function display effectively.The fourth part is the outlet of the supervision of the Local People's Congress'seeking. The writer divides three aspects to explain. The first one is the consummating of supervisory methods. Combining with the Supervisory Law of Standing Committee of People's Congress of P.R.C, we can adopt the following methods. They are hearing the government work report, inspection system for deputies , review of normative act, inquiry and questions, inquiry into specific questions ,listen to the complaint,charge and exposure of the masses and the opinions and suggestions of the people's deputy. The second one is to clarify the supervisory comments. There are the situation of Constitution, laws and administrative regulations'abidance and implementation, The domestic affairs involving important matters such as politic, economic, society development, the issues involving vital interests of the masses, the implementation of the higher people's congress'resolutions and policies'and Local People's congress's opinions and suggestions come from supervision and the supervision about personnel. The third one is to notice the following problems owing to the particularity of the vertical management government. First, supervise in accordance with the law. Aiming at the basic and widespread issues in addition to the focus and difficulty that masses are concerned about, the congress supervision should be appropriate and suitable. Then according to our country social actuality, we should choose appropriate supervisory methods. Taking the lawful supervision as the breakthrough point, we should pay attention to the combination of rigid and gentle methods. Finally, the congress supervision should harmonize with other supervisory methods. It consists of three parts.1.Local People's Congress needs to enhance the communication with vertical management government. 2. Establishing interactive supervision mechanism between the National People's Congress and the Local People's Congress. Moreover, the supervision of the Local People's Congress should be chief .3.Congress supervision should combine with the supervision of the public opinion in order to lead to excellent results.