Research On The Power To Amend The Budget Of People’s Congress

The power to amend budget generally refers to representative bodies right to make changes to the draft budget submitted by the executive authorities,the modern democratic state’s representative institutions basically have this power.Development of modern budget system is relatively slow,in 1994,our country developed the first groundbreaking "budget law",but the law is not perfect,especially the details of the Congress’ s power to amend the budget are not clear enough,after a few years,the budget system began to accelerate the reform, and introduced dozens of relevant laws and regulations. In 2014,the tenth meeting of the twelfth NPC Standing Committee adopted new "Budget Law",the new "Budget Law" formally implemented on January 1, 2015. The new law compared to the old method has a lot of progress,the new law have some new provisions in legal,integrity,transparency and other aspects of the budget. however, neither the new law nor the old law has the relevant provisions that the NPC has the power to amend the budget,which greatly weakened the Congress for budget oversight function. Therefore,the research of the National People’s Congress’ s power to amend the budget is very necessary.China’s "Constitution" and "Budget Law" have the provisions of the National People’s Congress for examination and approval of the budget, and does not prohibit the NPC the power to amend the budget, which has left some space to amend the draft budget. In theory, the balance of powers theory,the popular sovereignty theory,the limited government theory amended provide the theoretical basis for the construction of the NPC’s power to amend the budget. In law practice, foreign institutional development of budget amendment are better,such as UK, USA, Germany and other countries, and in China,Wenling also has a breakthrough, the experience of these places provide references for the Construction of the NPC’s power to amend budget. Construction of National People ’s Congress’ s to amend the budget explicitly The law should give the NPC the power to amend the budget at the national legislative level,the subject who exercising the power should Make a clear regulation,the process form Introducing legislation to voting legislation should have detailed provisions, but also the law should have restrictions to inhibit the power of the NPC. Through these initiatives, we can build our budget correction system, the supervisory role of the NPC will play best to the budget, the budget will be more rational allocated and utilized, so that the interests of the people will be protected actually.