Legal Perfection For The Exit Mechanism Of National People's Congress In China

The People's Congress System with people's congress as the core is the basic political system of our country.The people's congresses at various levels are composed of deputies to people's congresses at various levels(hereinafter referred to as deputies to the people's congresses).Therefore,the deputies to people's congress are the basis of people's congress.There is no people's congress and even the system of people's congress without deputies to people's congress.Therefore,it is of vital importance to improve the quality and ability of deputies to people's congress,establish and improve a series of systems and mechanisms related to deputies to people's congress,and adhere and perfect the system of people's congress.With the continuous deepening of China's political system reform,the system and mechanism related to both people's congress system and deputies to people's congress are also increasingly developed and improved in recent years.But at the same time,we should also admit that there are still some problems to be solved and improved in a series of systems and mechanisms that are related to deputies to people's congress.However,no matter in theory or in practice,most of the attention is focused on how to further improve the electoral system of deputies to people's congress and the promotion of deputies' resumption,while studies on smoothing the exit path for the deputies to people's congress are ignored.Therefore,this paper intends to analyze specially the problems and causes for the exit mechanism of National People's Congress(hereinafter referred to as NPC)and then put forward the suggestions for perfecting laws,based on the development of the exit mechanism of NPC and specific practice presently.The first part of this paper is to clarify some basic concepts involved in this paper,including the meaning of the deputies to people's congress and their exit mechanism.Here,according to the fact whether pre-conditions are needed and the difference of pre-conditions,seven kinds of situations where deputies' qualification can be terminated are divided into three categories,and three concrete forms for deputies' exit mechanism discussed in the paper are clarified as follow: natural termination of deputies' qualification,acceptance of the resignation and being deposed.At the same time,it summarizes the development process of the exit mechanism.It can be said that the exit mechanism of deputies to people's congress is accompanied by the emergence of the people's congress system.At the beginning when the system of people's congresses is designed,voters were given by the constitution and relevant laws the right to replace and depose the deputies elected;along with the development of democracy and the perfection to the system of people's congress system,the exit mechanism of people's congress are improved,and the exit path will be gradually expanded;Law of Deputies to People's Congress issued in 1992 firstly explicated the existence of National People's Congress;the sixth amendment to the Election Law issued in 2015 further improved the exit mechanism of people's congress.The second part aims to sorting out a series of legal provisions of the exit mechanism to people's congress in China's current laws and regulations.The third part of the paper summarizes the existing problems of the current exit mechanism of people's congress,and analyzes the specific reasons.Although the exit mechanism of people's congress has been established for a long period of time,currently there are some problems and shortcomings.For instance,deposing becomes a mere formality,resignation exists in name only,the limit between deposing and resignation is not clear,and the legitimacy of grassroots innovation is doubtful.The reason can be summarized that the design of resignation mechanism is too ideal,design of the deposing mechanism lacks maneuverability,the mechanism for terminating the deputies' qualification naturally lacks corresponding supporting system,and the innovation in grassroots is too utilitarian etc.In the fourth part of the paper,the author puts forward some suggestions on the legal perfection as to the exiting problems of the deputies' exit mechanism.The opinions and suggestions put forward from five aspects are as follows: perfecting the mechanism for deputies resignation,improving the mechanism of deputies' deposing,perfecting the mechanism of terminating the deputies' qualification naturally,establishing and perfecting corresponding supervision mechanism,and providing legal path for grassroots innovation.Hope that the exit path can be smoothed effectively through further improvement and perfection of the exit mechanism itself and the supporting supervision mechanism.