The NPC Represents A Study On The System Of Special Protection Of The Person

In china,the system of the people's congress is the fundamental political system that can guarantee the people be the master of the country,with the people's congress of each level as its core.People's congress at all levels,as the national authority of power,serves as the platforms of assembling people's thoughts.The NPC deputies are chosen by means of people's votes,and they represents people's will and interests,and are responsible for participating into the administration for the country on behalf of the people.We should actively take good advantages of the NPC deputies who are the members of national authority of power,and guarantee they perform their duties legally,so as to guarantee the national authority of power be operated efficiently,and fully exert the advantages of the system of NPC.Therefore,it becomes a necessity to provide some guarantee for the deputies to the NPC.Personal freedom serves as the primary condition for the deputies to the NPC to perform their duties and play their roles as the representatives.Thus,to guarantee the personal freedom of the deputies to the NPC,should be the priority of guaranteeing them to perform their duties in accordance with the law.The system of special habeas corpus right originated from the Great Britain,and it has been widely accepted by the democratic countries all over the world as the democracy and the rule of the law.It aims to guarantee the personal freedom of the representatives of people's thoughts are not seriously restricted and deprived in representative democracy,and the institutions can be operated as normal,and the authorities of these representative institutions can be safeguarded.The system of special habeas corpus right in China,which was established in 1954 in the Constitution,has gone through 63 years so far.The thesis sorts out the value of the right by exploring the origin and development of the system.From the analysis of the laws and regulations today,the thesis makes a deep research on the specific contents of the system,and finds out its disadvantages.By comparison,it learns from and studies the relatively exact legal design of foreign countries of high-level democracy,gives some specific strategies that can do good to the improvement of the system of special habeas corpus right for the deputies to the NPC.The whole thesis consists of four sections:Section one,the theory origin of the system of special habeas corpus right of the deputies to the NPC.This section mainly probes into the conception,origin and development home and abroad of the system,and studies its value.Section two,the text analysis of the system of special habeas corpus right of the deputies to the NPC.This section mainly analyzes the regulations of special habeas corpus right in China today.Firstly,it analyzes the objects of this right,including the pre-approval system for the arrest,criminal justice or other restriction of personal freedom for the deputies of the NPC at different above county levels.Furthermore,it analyzes the scope of application of this right,including arrest,criminal justice and other strategies of restricting personal freedom in the law,excluding the arrested for active criminal.In addition,the applicable approval procedures,including the subjects submitting the approval,the approval-examination authority and the approvalexamination procedures.With the text analysis of the current laws and regulations,it aims to final out its disadvantages and the problems in reality.Section three,the existing problems in the system of special habeas corpus right of the deputies to the NPC.It can be found from: firstly,there are problems existing in the approval examination of the presidium of people's congress and the standing committee of the people's congress.It is found that the approval examination in practice is not operable.The right of approval is put in the conference of directors of the standing committee of people's congress.And it can also be found that there is no law or regulation for the way to approval for the multi-task representatives of people's congress,and the representatives of people's congress at above-county level and village-level are not treated equally.Secondly,without corresponding regulations for the procedures,the approval examinations are different from place to place.Thirdly,the relief mechanism is lacked in the special personal protection rights,so that no relief can be given to the occasion where the representatives of the cases or the appealing authorities disagree with the results of the approval examination.Fourthly,the deputies to people's congress do not well comprehend the conception of the right,so that the right can be applied randomly.Section four,the improvement the system of special habeas corpus right of the deputies to the NPC.This section gives specific strategies according to the problems in the system,including the specification of the subject scope,event scope and time span of the right;the specification of the procedures of the approval examination of the basis of learning from foreign experience;tovote for the qualified NPC deputy by improving the qualification standard.In addition,to enhance their apprehension of the right so as to completely eradicate the abuse of power.