The Legislative Observing System Of Local People’s Congresses

Observing local legislation system means that in the local legislative activities, citizens approved by local authorities attend legislative process of People’s Congress and its standing committee and propose related comments with valid documents. Observation is certain stage of the product of democratic political development.At first,it is not appeared in the area of legislation, but in the field of justice,and it is the basic content of the principle of public trial.With rapid development of democracy and the rule of law in our country and increasing expectations of the people on the work of People’s Congress,observing court system is introduced to the field of legislation in order to adapt to the development and needs of the new situation and height of strengthening the socialist political civilization construction.However, China did not form a unified and clear legislative observing system. At April in1989,the Second Session of the Seventh National People’s Congress passed "the rules of procedure of National People’s Congress."One of the provisions is that plenary session of National People’s Congress sets the gallery. This is firstly a requirement of Citizens attending session of People’s Congress. Then, without violating the principles of higher law, local authorities have introduced rules to observing.Local People’s Congress have actively explored of citizens to attend the meeting of its standing committee.Citizen observation were around for standardization on he basis of continuous exploration for the local authorities. For example, in2000, passed "citizen observing rules of the meeting of People’s Congress and its standing committee in An hui" and "citizen observing rules of the meeting of its standing committee in shan dong "in2003.These regulations have made specific provisions for citizen observation about application procedures, scope attending meetings qualifications,the number of observers,funding, the treatment comments and suggestions and so on. However, our citizens to attend the meeting system is still in the exploratory stage and there are still many problems. For example, Public participation is not enough motivation and the awareness of civil rights is not strong,and there are Too many restrictions on citizens to observe the meeting.Citizens observing local People’s Congresses legislation is now an important symbol of democracy.On the one hand, Local citizens attend the People’s Congress’s legislation to promote open affairs on government,avoid to only stay on the surface and give citizens the right to know the full.On the other hand,establishing legislative observation system of local People’s Congress can stimulate the political enthusiasm of citizens,Improve citizen participation in the legislative initiative to promote the development of democratic politics.It can also build interrelated bridges, strengthen exchanges and communication,expand means of participate in and discuss politics between citizens and People’s Congress and its standing committee by observing legislation. Meanwhile, it can supervise democratic and scientific legislation, thus, to avoid abuse and expansion of state power to safeguard the fundamental rights of citizens.This paper remove preface and closing, thanks, is divided into four parts altogether. The first part describes the basic understanding of local legislation and observing system, discusses the characteristics of observing local legislation,namely the balance of interests,direct participation, advocacy, legal procedure,as well as the relationship with observing local legislation and legislative hearings, trial observation, central legislative observation.The second part is to write the theoretical basis of legislative observing system of the local People’s Congresses,such as popular sovereignty theory, theory of participatory democracy, deliberative democracy theory, and the basis of the relevant law. The third part is to write the relevant provisions of legislative observing system for foreign country. By analyzing the legislative observing system of foreign country,to build our local legislative observing system provide a reference and give us profound insights.The fourth part is to put forward suggestions on how to build the legislative observing system of the local People’s Congress. We can proceed from the following aspect:First, it must follow justice, democracy, convenience, efficiency principles for local people’s congress legislative observing system; second is to expand the scope of local people’s congress legislative observing system; Third to define rights and obligations of observers; Finally, design of specific programs, such as an announcement, identified observing feedback and so on.