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The Exploration And Ponder On Implementing The Professional Representation System In Our Country

Posted on:2008-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360242959814Subject:Law
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Representation system, also called the parliamentary system, it is one of the most important political systems in our modern country .The representation system in our country adapt"National People's Congress system"form, but the professional representation system and the part-time representation system are also the important contents of it. At present, what mainly has been implemented in our country is the part-time representation system. It has strengthened the National People's Congress system and played a positive effect. But, along with society's development all-round, the consummation of each national system day-by-day, during the practice we crossed with many new situations and questions, the malpractice that the part-time representation system brings also gradually comes out. Therefore, the author believed that if we want to perfect National People's Congress system in our country, we must explore another one to represent the system----the professional representation system.This article mainly elaborates from five aspects:First, the production, development and present situation of the professional representation systemWe divide them into two parts to elaborate. The first part is the production and the characteristic for overseas professional congressman system. It produces most early in having the name of"mother of the parliamentary"Britain, after that along with the establishment of parliamentary system in majority capitalist country, the professional congressman system also adapted in different country, such as United State, United Kingdom, France and Germany, which are the most typical among them, the main feature is: Using the constitution to make professional congressman fixedly, congressman's duty ensuring system and operating time have been stipulated. The second part is the germ and attempting of the professional representation system in our country. Although our country mainly implements the part-time representation system, but the professional representation system hasn't been eliminated, as early as it appeared at the beginning of the National People's Congress system and along with the development and consummation of the National People's Congress system, the scope of the professional representations system also further expands. There always have the professional representatives from all ranks of the National People's Congress particularly the whole nation and each province (autonomous region, municipality) in the standing Committee of the National People's Congress.Second, the main malpractice of the present part-time representation system in our countryThe reason why our country implements the part-time representation system is mainly influenced by the Soviet Model, but the same pattern which we have introduced from the Soviet Model stems from the doctrine understanding and the machinery utilization of"Unite the parliament and administration together"theory .At present, our country has more than 300 million deputies of all levels in the National People's Congress, which majority of them are the part-time jobs, and has quite a part to hold a concurrent post of the Administrative and Judicial organ's public service. Only minority representatives belong to the profession in the Standing Committee and Technical committee assignment of the National People's Congress. This part analysis the main malpractice of the present part-time representation system in our country: First, status of the part-time representative local deviation, which limit him to exercise the authority correctly; Second, specialized knowledge of the part-time representative is limited, which limit him to exercise the legislative power in high grade; Third, the role transformation dislocates of the part-time representative, which limit him to exercise the supervisory authority legally; Fourth, lack of essential safeguard of the part-time representative, which limit his effective execution duty.Third, the inevitability on implementing the professional representation system in our countryFrom the above elaboration, the author believed that have implemented the professional representation system in our country is imperative, it will influent the political development of our country in all domains. First, it is an important content in political system of our country. The implementing of the professional representation is advantageous in strengthening the socialist democratic politics construction; fitting the constitution spirit of our country; Strengthening and improving the party leadership. Next, it is further an efficient path to consummate National People's Congress system. Having implemented the professional representation system, which is advantageous in strengthening the National People's Congress'authority; overcoming the insufficiency of the National People's Congress organizational structure; changing the present situation of deputy that unfair quota assignment to the National People's Congress; changing the formalized present of deputy to the National People's Congress to elect the certain extent situation.Fourth, the conception on implementing the professional representation system in our countryIt is the most important part in this article. the author believed that although implementing the professional representation system is a tendency and inevitably, but under the present background, it is not realistic that the professional representation system is carried out comprehensively. However, we may profit and absorb the experience and the practice from overseas professional congressman system, reforming and consummating the present representation system in our country, and explore the following work in advance:(â… ) Transform the ideological concept, laying the ideological foundation for implementing the professional representation system.(â…¡) Revise and consummate the related laws and regulations, such as the constitution, representative law, the electoral law, and so on, providing the legal basis for implementing the professional representation.(â…¢) Establish the perfect related necessary system, including the establishment of representative's restriction mechanism, constructs the safeguard system which deputy holds an office in the National People's Congress and resigns from it, providing the safeguard system for implementing the professional representation system.(â…£) Carry out sets of related measures, building the solid foundation for implementing the professional representation system. First, positively advance specialty in the Standing Committee of the National People's Congress component members and National People's Congress; Second, reduce all levels of deputies to the National People's Congress quantity; Third, try to reform the discussing methods of People's Congress; Fourth, strengthen the vocational training to the national deputies of the National People's Congress; Fifth, dispose the professional assistant of the National People's Congress; Sixth, provide the corresponding work condition for representative.Fifth, the reality difficult analysis on implementing the professional representation system in our countryThe author believed that speaking of the present stage in our country, implementing the professional representation system also faces two aspects of difficult: First, the difficulty in theory or idea. The present part-time representation system has been implemented for nearly half century, the majority citizens have already adapted this system, but the adjustment and the research level of the educational world and the theoretical world still did not arrive, the perfect system project work was still at the start stage, each kind of intricate relations must further straighten out. Second, the difficulty in technology or operation. Mainly displays, we spend more time and effort on revision related laws and regulations, the expenditure will can't be safeguarded, the export mechanism is being established and a great number of talented person are being required.In brief, implementing the professional representation system in our country, which will be an inevitable trend that developing the National People's Congress system in our country. But in fact, having implemented the professional representation system is an extremely complex system. It needs a long-term endeavor of all various aspects. It includes the legal consummation, the system's construction, the measures to be carried out and so on, simultaneously is also facing the idea's transformation. Therefore, it can't be finished at once that implementing the professional representation system comprehensively in our country, it must be carried out gradually according to our country's actual situation. If the conditions are ripe, finally realizes deputy to the National People's Congress's specialty comprehensively.
Keywords/Search Tags:Representation
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