On The Legal Regulation Of Interpellation Power

Interpellation power is an important right of all levels of organ of state power given by the Chinese Constitution and law. It implies picketing and blame on the mistakes of the government agencies and their staff, which is a rigid monitoring methods with a bit of impeachment. The full and effective effect of the role of Interpellation power in political life is significant in setting up rigid authority of the China's National People's Congress and in keeping the orderly operation of the State. Interpellation power is expected in the people's congress system in China for a long time. But because of the system and the concept, Interpellation power in China is not perfect. And Interpellation power in practice comes to a standstill, which seems in a helpless, powerless, disorderly and incompetent condition. And it is difficult to form effective supervision to the state organs and their staff, which becomes a bottleneck problem needed promote solution in the development of China's administrative law. In 2010, the work report of NPC Standing Committee firstly said that, it will interpellate to the State Council's related branch about the questions which the representatives commonly concerned. This is the first time in the work report of NPC Standing Committee to mention that it will take special topic inquiries and interpellations after the Supervision Law's entrying into force. This declaration releases signals that NPC will strengthen supervision. Interpellation power will be activated. And to the government, the court and the procuratorate, its activation will help to enhance their pressure of their responsibility and facilitate better administration according to law and fair justice. While to NPC, the effectively run of Interpellation power is an important index of the NPC system's resetting to constitutional government.This paper tries from the macro perspective of power regulation to scan the disorder and stupefaction in the running of interpellation power, and to do microcosmic rescue and supply by way of legal regulation. The Paper is divided into three chapters. Chapter one is about the interpretation of the law theory in Interpellation power. From the law theory aspect, it mainly explains the connotation, nature of Interpellation power and the relation and differences with the related notions; describes its initiative, coerciveness, The main question from the legal aspects of the right interpretation of the meaning, nature and its related concepts and differences between, the question the right of initiative, universality and boundedness; discusses its legal principle basis; analyze its basis functions, such as correcting missing policy, constructing communication stage and test level of administration. Chapter two discusses the status and causes of legal regulation of Interpellation power. Firstly, it analyzes the current situation and existing problems of Interpellation power in Chinese current law from the entity and procedural aspects. Then it explores the causes of Interpellation power's current law and regulations from the system and the concept. On the one hand, that is to the system, the cause is mainly the political system's obstacle and the delay of legal amendments. On the other hand, for the concept, it chiefly is the long-standing abuse of traditional political culture and the shackles of traditional legal which regarding substantiality and depreciating procedure. Chapter three is about the framework and improvement of Interpellation power's legal regulation. It firstly compares and analyzes the Interpellation power's system at home and aboard, and summarizes the good experiences aboard. Then drawing lessons from aboard and relating the current defects of Interpellation power in China, it suggests detailed regulate route from entity and procedure to completely implement legal regulations of Interpellation power.