Jurisprudential Relfection On Supervisal Of National People’s Congress

The first basis of supervisory system of NPC philosophy of law.According to Marxism,the form of government is decided by the state system and reflects the state sys. the statesystem-a people’s democratic dictatorship is supposed to most suit to the system of politicalpower-the people’s congresses. NPC’s supervisory system based on Marxist ideology onthe people’s supervision, which meets the reasonable constraints of power factor. And secondis the basis of Constitution. It is stipulated in the Constitution of the People’s Republic ofChina that all power in the People’s Republic of China belongs to the people. The NPCand.people’s congresses at various levels are organs for the people to exercise state power.The third one，is the basis of China’s current national conditions. The people ’s congresssystem, is the inevitable choice for China’s social development in modern times，which is therealistic way for people being mastery, in line with China’s national conditions. The legalimplication of supervision of the NPC reflects the spirit of the rule of law、separation ofpowers with check and balance as well as the upholding democratic values. Socialist rule oflaw can be summarized as follows: supremacy of the spirit of good law、the spirit of socialistconstitutional、the spirit of fairness and justice. Supervision of the NPC and the spirit of therule of law are organic relate, the NPC’s supervision itself is a manifestation of the rule oflaw.Supervision of the NPC is the foundation of our rule of law. As the special role of NPC’ssupervisory, it determines its legally mandatory, the effectiveness of power and the highestconstraints.The theory of powers separation is a certain stage of historical development andthe spiritual wealth of mankind, the rule of law is the essence. The essence of the NPC’ssupervisory is to restrict the power, to ensure the correct implementation of the Constitutionand the law from system, to ensure that citizens, legal persons and other organizations of thelegitimate rights and interests are respected and maintained. Democracy is a protectionmechanism of freedom and equal,it can bring about a tremendous productivity and preventcorruption, it also improve people’s moral quality and ensure the country’s long-term stabilityThe core of People’s Congress is that all people have legal rights to exercise and managestate political, economic, cultural and social affairs,to realize the people are the masters of thecountry through the National People’s Congress and Local People’s Congress, throughvarious forms, in accordance with the principle of democratic centralism. Currently,supervision of the NPC have played an important and promoting role in building socialistdemocratic politics, administrating according to law and protecting the basic rights of our citizens. However, on the whole, the NPC’s supervisory performs more abstract and lesssubstantial supervision, more flexible and less rigid, more general supervision, lessfollowing supervision, more subsequent supervision, less advance or processing supervisionetc. The main reason is due to the imperfect constitutional supervision, the weak operatingoversight mechanisms, the barrier of political system and not really formed political culture.To improve Supervision of the NPC should improve the theory and sound market economysystem, deepen political reform, strengthen the supervision and implementation of theconstitution, enhance its oversight function of the NPC.