A Study On Dismissal System Of The Standing Committee Of The Local People's Congress

Dismissal is a very important way of supervision of the standing committee of the local people's congress,is a disposal means on supervision about the national staff with violation of discipline and dereliction of duty.The theoretical basis of the system of dismissal under the system of people's congress can back to Western Parliamentary Supervision Theory.The democratic theory centered on people's sovereignty has laid a solid foundation of political theory for parliamentary supervision,the theory of representative democracy established from the theory of people's sovereignty provides a more thorough ideological basis for parliamentary supervision theory,decentralization and checks and balances developed in enlightenment are the most direct ideological basis of parliamentary supervision theory,the idea of the rule of law provides the means and manner of providing the rule of law for parliamentary supervision to reflect the people's sovereignty and to restrict the power of the government.Marx and Engels' Theory of people's supervision on socialism is the most important ideological basis and theoretical guidance for the supervision theory of the socialist national assembly,but also the most direct theoretical basis of China's people congress supervision system.The system of people's congresses is the fundamental political system established in accordance with the principle of democratic centralism,only in the framework of the people's congress system,dismissal,removal and other means of supervision can play a better legal effect.The dismissal of local people's congresses at or above the county level,is a new addition when the standing committee of national people's congress modify Local Organization Law,the standing committee of the local people's congress without this power.,The "Law of the Standing Committee the People's Congress Supervision ",which was formally implementedin 2007,the dismissal of authority is specified by reference to the formulation of the recall and handling of the case.Before and after the “supervision law”officially implement,local people's congresses at all levels have supervised the dismissal of state organs for illegal and dereliction of duty and dereliction of duty,played a supervisory effect of the dismissal system.After the implementation of the "supervision law",the provincial administrative regions have also formulated local implementation rules,implement the measures,supervision regulations and individual specific provisions as the main form,combined with the work of the region to develop a number of innovative legislative content,butthe relevant provisions of the dismissal of the case to consider and decide are few initiatives.In the practice of supervision,Local People's Congress dismissal system has shown the dormant state and the lack of initiative on the running.The reason is that the dismissal system theory is not clear and the removal of the relevant provisions ofthe law is not perfect,so that the dismissal of this supervision did not play a practical role.The perfection of the system of dismissal of local people's congress requires the combination of theory and practice.The first,it is necessary to clarify the controversy over dismissal in theory,the authority of dismissal is the coordination of authority of appointment and removal and supervision,it is not only a supervisory authority with the nature of appointment and dismissal,but also a supervisory authority with a supervisory nature;The content division of legal supervision and work supervisioncannot promote the progress of supervise practice,should bestrictly in accordance with the provisions of the law to exercise supervision;Dismissal is not the legal responsibility of “Supervision Law”,but with more attributes of political responsibility.The second,enhancing the effectiveness of the supervision of the National People's Congress,is conducive to promoting the realization of the goal of governing the country according to law and to ensure the authority of the Constitution and the law.The exercise of the power of dismissal of the Standing Committee of the local people's congress is subject to the restraint of our political system,it is necessary to correctly handle the relationship between the dismissal of the Local people's Congress' s Standing Committee and the inner-party supervisionto achieve the coordination of the two systems.The third,legislative work is an important part of the work of the People's Congress,improving the "supervision law" on the dismissal of the procedural requirements,refining the specific circumstances of the dismissal of the case,specifying the investigation period of the investigation committee,limiting the substantive discretion of Director meeting,improving the commencement of the dismissal process,promoting the combination of the People's Congress petition and the supervision of the People's Congress,to effectively enhance the practice of "supervision law" operational and enforceability;Local legislation needs to increase innovation in supervision practice,so that the relatively mature form of supervision reasonably operate within the framework of "supervision law" and coordinate the coaching of various methods of supervision,facilitating the negotiation and decision-making of with dismissal cases and the convergence of othersupervisory methods,to jointly playing the effect of the rule of law of the People's Congress's supervision.