Research On The Right Of Investigate Special Problem Of The National People's Congress

In our country,the supervision function is an important function of the National People's Congress,which makes a great significance to maintain the orderly operation of the state machine and prevent the abuse of power.The right,investigating specific problem,as an important means of supervision power that a temporary agency is organized by Representative Office in accordance with the statutory procedures to investigate the major problem,complex problem and emergency.It has the characteristics of temporary,specificity,strictness and legality.The right of investigate the specific problem of people's Congress contains a series of contents,such as the subject of investigation,the object of investigation,the processing of the investigation results,the scope of investigation,etc;Scholars have different views on the nature of the right of investigate specific problem.Correctly distinguish the right of investigating specific problem with the relevant powers of the National People's Congress is the premise to further study the right of investigate specific problem for us.The right of investigating specific problem is not a new power of the National People's Congress,the earliest can be traced back to the 1954 Constitution,then due to historical reasons,the Constitution of 1975 and 1978 are deleted provisions on the right of investigate specific problem,it was not resume until the 1982 Constitution.Since then,Many laws have made further provisions on the right of investigate specific problem.The right of investigating specific problem is not unique power of representative offices in China.In the west,the general parliament has the right of investigate.The right of investigating the state was first produced in the United Kingdom,perfected in the United States,and later developed in other countries.Some systems in the western countries,such as the time limit of investigation,the means of investigation and the way of investigation,which make a great significance to strengthen the investigation of the specific problem of the National People's Congress.There are many problems in the process of the right of investigating specific problem.The legislation is not perfect,making the operation of the right is not strong.For example,there is no provision for its initiation criteria,time limits,and methods of investigation,and the scope of the survey.Besides,due to the imperfection of orientation of the right and supervision system,the lack of realistic authority of NPC,the traditional though of harmony,to some extent,these problems hinder the exercise of the right of investigate the specific problem.Therefore,the right of investigating specific problem whether could be effective,the key point lies in the improvement of the exercise of the right of investigation.The relevant law should be revised to clarify the scope,time limit and legal consequences of specific problem.It also could reduce the number of people who are required to initiate the proceedings.At the same time,by correcting the location of the right of investigating special problem,set up the authority of National People's Congress,as well as strengthening the People's Congress and its Standing Committee for the understanding of this right to promote the widespread use of the right of investigate specific problem.