Research On Budget Approval Power Of National People’s Congress

Abstract:The constitution and law entrusted people’s congress and their Standing Committees the rights to examine and approve budget. The budget approval power administrates the governments’behaviors from controlling public financial fund. From a perspective of public service offered by nation, the perform of budget approval power will impact on the degree and level of public service and the realization of fundamental civil rights. Budget approval power of national people’s congress should contain the budget power of review, approval,amendment, interpellation and debate. Owing to less mature budget legal system and the particularity of national political system, the budget power of review and approval become a mere formality, as well as the budget power of interpellation and debate. What is worse, there is no legal provisions on the budget amendment power and the legal effect after exercising these powers. It is our primary task for perfecting budget legal system to enrich budget approval powers and functions of national people’s congress. The legislation is also short of the legal provision on how to exercise the procedure of budget approval power of national people’s congress. Meanwhile, the period of budget approval is too short and the matters reviewed is non-concrete. Given this,"Three Readings" procedure, extension of budget approval period and budget subentry approval system could be set up to improve current situation. In order to put budget approval power of national people’s congress into practice, Constitution and Budget Act,from the point of legislation, should definitude the content of budget approval power to enhance its legal status. In terms of the subject of power, it is the best effective approach for improving the deputy to the national people’s congress of budget approval capacity. As for the medium of budget approval power, the innovation of people’s congress meeting system and the establishment of budget research institution are in favor of implementing budget approval power of national people’s congress.