| Recall system, as one of the features of China’s political system, is the embodiment of the constitutional principles that "all power belongs to the people".According to China’s constitution and relevant laws and regulations such as Election law and Law of representatives. Recall system of the Representative of the National People’s Congress(NPC) can be divided into two main kinds, which are that primary voters recall the township delegates and that the delegates above the county level can be recalled by the units which elected them.Recall system, as a means of constraints on power, can effectively supervise the delegates, making them put the interests of voters first at any time.It’s not commonly used for this supervision means is very strict.Recall, like "the gun behind the door", is a move kept for future use, and it is appropriate to employ it with collocation of several conditions, in order to avoid political turmoil.But its deterrent effect on people’s delegates cannot be ignored.To guarantee the principle that the people are masters of the country and a better service for the interests of voters,the reasonable operation of the recall system is significant.However, the regulation of our country about the recall system is not perfect.Chapter10of the electoral law on the recall system, including the number of people who apply for recall, the host institution, the formal elements and the requirement for the number of people who vote for recall cases.But the rules are imperfect and difficult in practice. In addition, there’s no relevant regulation of the limitation on the recall system dealing with the problems, such as how soon representatives can be deposed after being elected, how many proposals can be made within the term of delegates and so on. These restrictive provisions have a huge impact on effective implementation of recall system.In addition to these defects, the lack of regulation of recall reason restrains the function of the recall system, leading to difficulty of achieving the purpose of the recall system. The provisions about recall reason only have a dozen of characters:recall reasons shall be indicated. This simple rule lead to the confusion in practice. Some voters’ recall reason has nothing to do with the identity of the representative; some take advantage of the political means to solve economic dispute.On the contrary, the depositions are often due to delinquency, and few are due to the poor performance while taking office. And NPC often deny the motion put forward by the voters for the insufficient recall reason.This series of cases illustrates the significance of improving the regulations on recall reason.And there exist two completely different paths:one is that with formal elements rather than substantive reason, the recall can be established; the other is that to depose the delegates legal reasons are needed, so is a certain review to recall reason. The two paths go in different ways, but with the same purpose, namely, achieving the recall system. This article is to demonstrate which path is more suitable according to the purpose.In this paper, besides introduction and conclusion, the text is divided into four parts altogether.The first part of this paper presents an overview on the recall system of National People’s Congress. It firstly analyzes the concept of recall and the other related concepts, and then analyzes the cause of this system. Finally, it discusses the purpose of the recall system which aims to make sure that NPC is voters oriented and performs its duty well to realize the interests of its voters. The key to achieving the aim is to recognize that the representative as well as the voter is a community, and either party down will make the call come to naught.The second part of this paper discusses whether a reason is needed to recalled the deputy to the people’s congress. It mainly demonstrates this question from three aspects which are the property of the recall, the theoretical basis for the need of the legal reasons and its practical significance. When it refers to the property of the reason to the recall, the theory of substantial requirements is more aligned with original intention of our law as it compares to the theory of formal requirements. And this part also focus on the theory of people’s congress, the effective execution of the right of recall and the suggestions to prevent the abuse of the right of recall. Finally, it comes to the two practical significances which are the influence on the voters and deputies before recall and the functions it has to the voters and the Standing Committee of the NPC after recall.The third part discusses how to regulate the recall reason by law. Firstly, a simple evaluation of the recall reason in our present laws is needed. And then, the principles of recall reason fitted by law is discussed. Finally discusses the significant situations that the recall reason regulated by law. This part focuses on the three principles of the recall reason. In order to satisfies the voters, it discusses with the theory of people’s congress and the ideas of political governance. These three principles provides a clear and proper range for the recall reason, and it also conforms to the characters of deputy to the NPC. Finally, the fourth part of this paper focuses on the censored contents of the recall reason. It is divided into four aspects which are the property, the subject, the object and the period of the review. Most of the regulations in this part are the procedural provision which aims at regulating the review of the recall reason. It is necessary to review the recall reason with the formal examination and the substantive examination. However, the substantive examination doesn’t means the decision power. Though the Standing Committee of the NPC has some investigating power, it is only limited to the power of investigating the legitimacy and factuality of the recall reason. Thus, it guarantees the exercise of their recall power on one hand, and to prevent the abuse of this power on the other hand, that helps balance the voters and their delegates as to achieve the goal of the recall system of NPC. |
