Research Of Practical Difficulties And Countermeasure On Inquiry System Of National People’s Congress In China

At the Third Plenary Session of the18th Central Committee of the Communist Party of China on November12,2013adopted "Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform". In the decision is put forward "We will improve the working mechanism of people’s congresses, widen channels for the public to participate in legislative work in an orderly manner through discussion, hearing, assessment and publicizing draft laws; actively address social concerns through inquiry, investigation of specific problems, and putting on record for examination." Thus inquiry is a way of supervision for China’s National People’s Congress and other state organs.On the eighteenth national congress of the communist party of China, Hu Jintao’s report points out:"To be make good at the party’s claim become a national will, support National People’s Congress and other standing committee to play the role of state power through the legal procedure) exercising legislative, supervision, decisions, appointment and removal powers, strengthening legislation, strengthening the "One Government Two Departments" supervision etc.In practice, however, our National People’s Congress system exist a series of problems which affecting the implementation and improvement of the system. Although the law has the principle regulation for the components of the inquiry, which also has a considerable maneuverability, but few reports of The National People’s Congress exercise the inquire right is an indisputable fact. National People’s Congress inquiry right seems to be on the shelf and even called the "dormant" supervision power. How to make this right is no longer "sleep"? How to make this work become the norm in the work of the NPC is the main problem we try to solve in this paper.This paper have five parts:the first part is introduction, mainly introduced topic background and the basis of this article, research status at home and abroad of this selected topic, research methods and research content of this article. The second part of this article is basic theory research of inquiry system, mainly about the concept and characteristics of the inquiry, inquiry and "ask","query","question","special inquiry" and other similar concepts, the differences between the formation and development of inquiry and the Chinese National People’s Congress system. The third part of this article is analyzes the problems of National People’s Congress system in practice, mainly includes:the inquiry number are less, basic in "idle" state, the inquiry lack of strict procedures, the inquiry subject’s enthusiasm is very low, heavy form phenomenon occurs frequently, the legal consequences of the inquiry lack specific provision and lack emergency inquiry system. The author further analyzes the root that caused these problems. The fourth part summarizes the inquiry system of English, French, German, Japan and other countries of as well as the enlightenment to our inquiry system. The fifth part put forward the countermeasures as perfecting corresponding laws in order to perfect our inquiry system of National People’s Congress, and giving suggestions on the improve the quality of NPC member, optimize the structure of people’s congress, gradually adopt the full-time NPC mode, perfect the open competition mechanism in the representative election, safeguard the lawful rights and interests of People’s congress and People’s congress shall be under the supervision of public opinion.