Parliamentary Powers Of Oversight Theory

The history of the establishment of the constitutionalism in the West is the history of regulating the state power, be it executive or legislative. In the prevailing research cycle of China, it has made great progress in supervision both the power of executive and the power of the judicial, but it has had little outcome in the supervision institution of the power of the NPC. In this article, the author studies the institution to supervision the power of legislature branch and present the brief thought that in China, the power of the People's Committee should be under the supervision of other institution.Besides the preface, this article consists of four parts, about 80 000 words.In the preface, the author point out the main point of this essay. In the first part of the article, the author studies the supervision institution of American. It is not the same as the British, it has a route institution- the common judicial examines the constitutionality of the legislature, refuses to apply un-constitutionul legislature, so as to supervise the Congress. During the course of the study of the history foundation of this institution and basis, the author point that the dominant opinion about state power which is deeply distrust and the just of the judicial greatly affected the institution's foundation. The author also appraises this institution.In the second, the author studies the institution to supervise the Parliament particularly the Common House in the British. In British, selected the Common House has the most significant position in all countries legislatures, which is called the parliament Sovereignty .As far as British is concerned, the Common House has higher position than other department, such as the House of Lord , the judicial , the executive, moreover, the Common House has great power. For all these fact is true, the Common House still is under somesupervision. First, the Common House is under the supervision of the domestic judicial, second, it is under the supervision of the international judicial, moreover, the Common House also is under the supervision of the voters.In the third part, the author studies how France supervise the legislature. For most take it as a truth that France think highly of the principle of democracy and the principle of Sovereignty belonging to people, so they take it for granted that the legislature has sovereignty, it is not exact, for they have read the J. J Rousseau's Du Contrat Social. For this reason, the author explores the hard history of the establishment of the Conseil Constitutionncl, presents his understanding of Rousseau's Du Contrat Socia: the sovereignty only belonging to people, but not to the representatives, so it does not violate the principle of the sovereignty belonging to people, which is of great importance to China.In the fourth part, the author present his view on the Institution of People's Conseil, after probe into some social problems which are connected with NPC, the author think that for all NPC is the highest legislature, it's of need to establish legal institution to supervise it, and the author also think it reasonable to supervise NPC: the institution of election has treated people differently, indirect election, which are sure to make opinion of NPC different to people's, so it is not the same thing to supervise people.