On The Right To Special Protection Of The Person For The Deputies To The National People's Congress

As a fundamental political system of China,the system of people's congresses is an important reflection of the constitutional principle that all rights of the People's Republic of China should belong to the people.As a basic unit and cell of national authorities,a deputy to the National People's Congress can exercise the national power on behalf of the people,thus combining people's will and national will.In order to better ensure that the deputies to the National People's Congress can fulfill the responsibility of participating in the administration and discussion of state affairs according to relevant laws,the Constitution of China and relevant laws have entitled the deputies to the National People's Congress to the right to special protection of the person.Because the relevant laws in China have made overly general provisions about the system of the right to special protection of the person for the deputies to the National People's Congress,it still remains to be completed and improved in terms of application scope,permission procedure,supervision relief.As far as the realistic effect is concerned,it is faced with the embarrassing situations,namely the protection right not being executed and the protection right being abused.There is much controversy regarding the system in the academic community and the society.From the angle of constitutional law,this paper has summarized and compared the key points about the controversy based on the system and real cases.Besides reflecting on the right to special protection of the person for the deputies to the National People's Congress,this paper has also referred to the relevant theories and practice of the representative system abroad.It is expected that this paper can offer some feasible advice on improving the system.On the whole,this paper consists of five parts.The first part is concerned with the system of the right to special protection of the person for the deputies to the National People's Congress.As a matter of fact,there is not a definite concept about the right to special protection of the person for the deputies to the National People's Congress in the laws of China,which is comprised of relevant legal provisions.Hence,it should be defined clearly.By elaborating on the realistic meaning and development course of the system,this part will make an analysis on the system at the macro level.The second part is devoted to analyzing the legal basis for the system of the right to special protection of the person for the deputies to the National People's Congress in China.The legitimacy,rationality and realistic meaning of the system have been also elaborated fully.In the third part,the main content of the system of the right to special protection of the person for the deputies to the National People's Congress in China has been discussed.Focusing on the three core issues,namely the application scope,permission procedure and supervision relief,this paper has also made a micro-level analysis on the system.Based on real cases,the fourth part has pointed out that hardship facing the current system of the right to special protection of the person for the deputies to the National People's Congress.Focusing on the three controversial issues,namely the controversial application scope,disorderly permission procedure and the lack of supervision relief,this paper has analyzed the conflicts in the right positioning,legal creation and department cooperation.Based on the analysis above,the fifth part has offered some advice and suggestions on improving the system of the right to special protection of the person for the deputies to the National People's Congress in China.Firstly,the specific application scope should be defined properly.Secondly,the permission procedure should be standardized and unified.Thirdly,the system for supervision relief should be established.Fourthly,the overall quality of the deputies to the National People's Congress should be improved.