On Recall System Of People's Congress Of Counties And Towns In China Jinhui Hu

The people's congress system is a political system with Chinese characteristics,and through the election of deputies to form the organs of state power of our country.In direct elections and indirect elections,county and township(town)two levels are direct elections.Corresponding to this is the county,township(town)NPC deputies removed by the voters directly put forward and vote.But from the practice in recent years,in one of the few people's congress direct election to recall cases,there is little in accordance with the legal provisions of the recall procedure without dispute on the recall of a deputy.By analyzing the relevant cases,there is no difficult to find that the county(town)NPC deputies recall system has many problems.On the one hand,the law is too concise,such as the provisions of the recall is need to specify the reasons,but there is no reasons about the recall in our law,leading to the existence of many standards in practice.Besides,the threshold of filing a recall is too high and there are many restrictions,so that it's hard for people to start the recall.At the same time,it is not clear that the time limit for the recall procedure,and the length of the removal process is different,which can damage the procedural interests of the voters or the recalled representative.The lack of legal provisions,makes all parties of recall has no rules to follow,and the authority of NPC Standing Committee's is unknown too.On the other hand,the running of the recall system is affected by the objective reality of the obstacles,the rights awareness and the conception of supervision of the voters need to be further improved,It seems that the recall become a negotiating tool between the voters with the representatives.In reality,the recall system has gradually become marginalized,"the proposed resignation" and "dismissal" are become more and more popular,which have a trend to replace the voters' recall right.On the one hand,as the legal system of our country is being perfected,there is no doubt that the legal system has many problems unperfected procedure leading to a chaotic situation,the lack of security system and supervision system also further exacerbated the real dilemma.On the other hand,because of the lack of full democracy and scientific elections,the NPC deputies are lack of representation.The official position of the thinking mode and working methods,coupled with the strong position of organizational resources,resulting in the relationship between representatives and voters alienated.Lack of political enthusiasm of voters,makes it difficult to maintain the recall system.These two aspects are of great importance to improve the county and township people's deputies recall system.On the basis of the analysis of four parts,this paper summarizes the cases of the removal of the representatives of the county(town)people's deputies,analyzes the relevant laws and regulations of the recall,excavates the defects of the legal system itself,and finally puts forward some suggestions.Through legal perfection to cover the shortage of the recall system,repair the relationship between representatives with voters,and enhance the enthusiasm of voters to the recall system as well.Besides,broaden the channels of supervision,and establish the dismissal litigation or specialized supervision organs,which provide a reference for the county(town)NPC deputies recall practice.And make great progress in its institutionalized and standardized operation.