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The Rules Of Procedure Of The Npc Study

Posted on:2012-10-04Degree:MasterType:Thesis
Country:ChinaCandidate:R HanFull Text:PDF
GTID:2216330344450139Subject:Constitution and Administrative Law
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The representative system is a form of democracy, within which the elected representatives or representative organs enforce the state power of decision-making on behalf of the people. To a certain degree, representative democracy is a kind of procedural politics, and its advantage lies in the meetings and deliberation de regle, thus justifying the resolutions passed on the meeting. The modern states under the rule of law universally implement representative democracy. In the capitalist states, the representative organ is the parliament. In China, the representative organ is the people's congress. The Article 2 of Constitution of the People's Republic of China explicitly states:"All the power in the People's Republic of China belongs to the people. The organs by which the people enforce state power are the National People's Congress and the local people's congresses at different levels." The National-People's Congress is of the highest authority in China, and the Standing Committee of the National People's Congress is its standing body. The NPC implement a kind of indrect democracy, as the elected representatives exercise the political rights on behalf of the people. It calls for the efficient implementation of the procedural rules of the National People's Congress and its Standing Committee if we want to make the National People's Congress work effectively, bring its superiority as representative organ into full play and give full expression to the people's will. The Rules of Procedure for the National People's Congress of the People's Republic of China was promulgated on April 4th,1989, and it has never been modified so far. The Rules of Procedure for the Standing Committee of the National People's Congress of the People's Republic of China was promulgated on November 24th,1987, and was modified on April 24th,2009 for the first time. The above two rules have lived up to their supposed roles in accordance to the needs of the National People's Congress and its Standing Committee during the implementation. While, as the people's congress system develops, many unexpected problems have emerged, which let us realize the flaws in the above two rules. Based on the modifications of The Rules of Procedure for the Standing Committee of the National People's Congress of the People's Republic of China, it is necessary to analyze the relevant issues of The Rules of Procedure for the National People's Congress of the People's Republic of China. Based on the legal practice, this paper focuses on the two rules of procedure, and makes a fundamental assessment on the status quo of their implementation through a comparative study on the parliamentarism of the capitalist states. The author also makes efforts to explore the rules of procedure for the National People's Congress and its Standing Committee with Chinese characteristics based on the analysis of current problems and conditions.
Keywords/Search Tags:Rule of Procedure, Procedure, Debate, Interest integratio
PDF Full Text Request
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