On The Right Of Interpellation

The direction of this Constitution as a paper on the question the right of the right to have a progressive approach to the supervision of the description. As a public authority to supervise, although the Constitution and the law has expressly provided in both, but the application of the law in reality there are many flaws in it. This article is intended to give the reader some understanding of the importance of the right questions, and ultimately the public authority to question the right of legislative oversight purposes. This article is divided into four parts:The first part of opening arguments, starting with a simple statement of the theoretical point of view the definition and nature of the right questions and ask the right with the comparison of the powers, trying to get readers to question the right to have a general understanding. Which describes in detail the right to question the nature of public power, has a certain academic significance.right of interpellation now there is still much controversy within the context of arious academic schools to describe and explain its different, in particular the right to question the nature of the definition there is no precise, clear, whether it is the right of People's Congress, or the statutory powers about, or People's Congress in an academic collective constitutional rights have not yet identified. As the current laws regulations on the definition of the right in question, there is a blank, an academic definition of the vague nature of the right questions, and the research behind the theory of the right questions will inevitably result in some people's congresses lack of knowledge of the questions right.For example, some People's Congress that the right of interpellation to all of its right to free exercise or give up that right. In view of such phenomena and problems. I think that discussion and identify the nature of the right questions, and through the interpretation of relevant laws and regulations and norms People's Congress the right of interpellation, so that People's Congress a more profound awareness and understanding of the right of interpellation for the promotion of the people Congress a positive, proactive, effective exercise of the right of interpellation is very necessary and meaningful. The second part is the theoretical basis from the constitutional right of interpellation the constitutional basis for analysis of both the right to question the existence and importance of providing a solid theoretical basis. The right of interpellation is an important means to realize the people's sovereignty; right of interpellation is an important way to party with; question that restricts the right to effective public power magic.People's sovereignty means that all state power comes from the people. This explains the power of the country by the people as a whole, given the existing state power actually represents the people's power. In other words, the power vested in the people; but how to exercise power, are attributed to the elected authority under its scope. Reflect the will of the people is the people's sovereignty, and it rose to the national will.National People's Congress is the province on behalf of electoral units, through the layers of the election, then a province on behalf of the people in the process of national management affairs in accordance with legal procedures and so on on the issue of economic, political and cultural voice of the "mouthpiece", so that the NPC On behalf of personal qualities, will significantly affect an area of social development. I believe that in the 21st century, as the personal qualities of political representation, more political participation should be reflected in its ability.There had been related to reports, deputies two decades has never been a province of a motion mentioned in any negative opinion. I think that such a political attitude, it is difficult to say the quality of expression. The right of interpellation of deputies to the NPC as a specific oversight authority, and thus was abandoned. If our elected representatives are like this, then what about political participation, how can you on behalf of citizens to exercise their own masters? Therefore I believe that the exercise of the right question, the question put forward the case, not only the quality of people's deputies of the political, even as people's congress system is China's superiority reflected.The first two parts of the vertical analysis of the right of interpellation itself, and the third part is standing in the world legal point of view, the right to question the system of comparative Chinese and foreign features. Is the right of interpellation of the horizontal analysis. By Britain, France. Germany and Japan the right of interpellation a few representative of the State, the right to draw a few representative features of the national question; again the right of interpellation of the characteristics of the system will be a few rights of interpellation in our country does not receive attention List the reasons.Raised the interpellation must be the case during the NPC meeting. Thirty or a delegation of NPC deputies in the National People's Congress question the case, more than ten deputies to local people's congresses at local levels to raise interpellation during the session of the case. Question the object of the State Council and its various ministries, local people's governments at all levels and people's courts at all levels of People's Procuratorate. Answer the questions in question must be in writing to the contents of the object so clearly put forward.Interpellation after the presentation of the case need to deputies sent to the Bureau of National People's Congress, after discussion by the Bureau of the question referred to by the relevant agencies, to make a written reply by the relevant authority, or by the relevant authorities in charge of the Bureau of the meeting, relevant special Committee meeting or a verbal reply to the delegation meeting. Against an authority or person in charge of question answer, the interpellation case or on behalf of the delegation were still not happy with it. after a decision by the Bureau, subject to interpellation authority or on behalf of the delegation would like to once again respond.Supervision of the law in many ways, including criticism, questions are asked, these methods are very convenient, compared to less confrontational question, so the more easily accepted by people. Question raised by some sectors of deliberately delaying the case. Some local people's congresses of the Bureau receive the question in the case of the meeting, in accordance with the law is deciding whether to answer the time, often there will be an excuse for lack of evidence, the question to ask. criticism, etc.; some deputies identified the problem, ask a question to the case the case has even raised a interpellation case, but under pressure to drop out. People's Congress or the Standing Committee of the organization, who hope to host a limited period of time in accordance with the smooth progress of the proceedings, and not interfere with the meeting want to appear the case of interference with the normal process of the interpellation, the end of the meeting schedule, and this is the case the question can not be successfully entered the meeting One of the agenda of the obstacles The fourth part is the focus of this article, that is the question of how to improve our right to make a few comments. Including the right of interpellation the legislative perfection, and insist on the right of interpellation the use of in the judicial field. The right of interpellation many of the problems in our country and missing, so it's not so practical use is not widespread, the right to question the status of our country is not high. How to improve the status of the right of interpellation, so that the right question, both in the judiciary to play its oversight role without interfering with judicial independence and impartiality is the focus of this study.In emphasizing the importance of the right question at the same time, I also believe that, although Congress should have the right question for the court, but also not too far. this question should be based on the exercise of the right of judicial independence does not affect the basic premise. Here, we can learn from the experience of developed Western countries mature, to find the NPC will not affect the independence of the judiciary, but also in the middle of the exercise of supervisory powers question balance.Right through the four parts of question elaboration. I hope readers of this has not been well known to the general public have some knowledge of public power and attention.