On The Perfection Of Recall Of Deputies To People’s Congress By Direct Election

The Electoral System of our country implements the direct elections at or belowthe county level. The recall of the deputies to the People’s Congress corresponding tothe direct elections are also put forward directly by the voters.As a part of the votingright,the right of recall is the democratic right that a voter should have. Recallingincompetent deputies to People’s Congress by Direct Elections by voters themselves,which is an important manifestation of the direct democracy,can make updeficiencies caused by the election, strengthen the supervision on the deputies by thevoters to push them to perform their responsibility better,and is good for thedevelopment of Democracy in our country. However, in China’s practices ofConstitutionalism, the recalls of directly elected deputies are rarely seen, the right ofrecall has gradually fade and even been forgotten in consciousness of the voters,even the the Standing Committee of the county People’s Congress shows its attitudeof "evading what can be avoided". The exercises of the recall rights haven’t formednormally, one of the reasons is that the problems existing in China’s Electoral Systemmake the voters’ consciousness of the electoral right not strong enough, the recallrights haven’t formed definitely in voters’ hearts. The other reason is that there aremany drawbacks in our legal provisions of the recall of deputies to People’sCongress by direct elections. Although the law has regulated the recall procedures,but most of them are principles which are too ambigous and abstract to be enforced.There are lots of problems caused in the practical operation of the voters’ recall of directly elected deputies, such as difficulties of initiating the recall procedure,indeterminacy of recall reasons, amounts of leaky problems in the procedure,etc.Voters recall cases that happened in recent years also reflect these problems. Theseproblems have hindered the exercise of our voters’ recall rights, affected the exerciseof the voters’ electotal right and improvement of our electoral system, and are badfor the instruction and development of our democratic politics. It is the purpose andmeaning that this paper selects the topic which focus on the recall of directly electeddeputies to people’s congress.Firstly, this paper introduces the meaning and theoretical basis for the recall ofdirectly elected deputies in our country, analyzes the necessity of its effectuation inpractice. Then the paper demonstrates the development of its system and practice.Secondly, this paper discusses the present situation of recall from legislation andpratice by hackling the provisions on recall of directly elected deputies in theconstitution, law and local regulations, analyzing the characteristics of voters recallpractice,then inducing and classifying the motive of the voters recall cases. Based onthis,it raises and analyzes the problems existed in the recall of directly electeddeputies, including the quantity limit of people starting the motion of recall, thereason for recall, the role of the County People’s Congress standing committee in therecall of directly elected deputies, the concrete procedure of recall, etc. After theabove analysis, the author provides the solution to the problem in threeaspects:regulations,specific process and supporting measures.The former two aspectsare measures aiming directly at improving the recall system, and the supportingmeasures are to improve the voters’ recall right consciousness through increasing thevoters’ attention and participation enthusiasm and strengthening the connection andsupervision between voters and deputies. The paper is making efforts from the twoaspects of system and thoughts to solve the current problem existed in recall ofdirectly elected deputies, providing a beneficial reference for voters recall cases, andpromoting the exercise of voters recall right at the systematism and normalizationdirection.