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On Consummating The National People's Congress Interpellation System

Posted on:2008-12-11Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:2166360242457718Subject:Law
Abstract/Summary:PDF Full Text Request
The National People's Congress supervisory authority is a statutory power, which aims to maintaining the legal authority, safeguarding the people's sovereignty, as well as inspecting, investigating, supervising and restricting the power of administrative organ, judicial organ and their staff. According to the process and step of supervising, the National People's Congress supervisory authority is composed of the power of learning, disposal and sanction. The interpellation system is an important form that the National People's Congress exercises the learning power. Its essence is a kind of system that the trustees examine the agents. Relying on listening to the consideration work report through Deputy to the National People's Congress and the standing committee component member, attending each kind of conference and getting to know the actual situation and other kinds of ways, the trustees can propose a interpellation that requires the organ to clarify and explain the unclear unsatisfying aspects. Our country's interpellation system starts at the very beginning of PRC. From September, 1954 a session of National People's Congress conference formulation and promulgation "National People's Congress Constitutive law" of September, 1954 to " All levels of Standing Committee of National People's Congress of PRC supervising Law" (to hereafter refer to as "All levels of Standing Committee of the National People's Congress supervising Law")that had taken effect on Jan 1 st, 2007, the interpellation system is continuously consummating, a Chinese characteristic interpellation system is gradually formed, this helped to make sure the right use of National People's Congress supervisory authority. However, this supervisory authority entrusted by the constitution and the law has long been put aside because of kinds of reasons. This phenomenon reflected the shortage of legislation as well as the implementation. In order to build a broad way for interpellation system, we need to compare studies of both the domestic and foreign interpellation system, inspect the present situation of interpellation power utilization, lay the foundation for the deepening interpellation system theory and get rid of the hurdle of system and ideology.This article covers four parts:Part one. It's about the basic principle and legal principle of interpellation system. According to combing the historical evolution of interpellation system, grasping firmly the whole train of thought, analyzing the concept, nature, function, classification of interpellation, and the difference between interpellation and inquiring system. Then, the thesis legally analyzes the interpellation system on the four principles.Part two. Comparatively study of the interpellation system abroad. Start from parliamentarism country and presidential governmental country and half-presidential governmental country, compare the general frame of the interpellation system, and emphasize the interpellation system of parliamentarism country.Part three. The current situation of interpellation system and together with case study. In this part, first describe the origin and the current situation of interpellation system in our country. Then, focus on legislation, comment and analyze the interpellation system. Finally, the thesis points out the defects through the lots of case study and the current situation of interpellation system.Part four. It is the revolution and consummation of interpellation system in our country. Comparatively analyzing the interpellation system mode, and posing the detailed program to improve and consummate the interpellation system of our country.
Keywords/Search Tags:Interpellation system, Interpellation power, Interpellation, Inquiry
PDF Full Text Request
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