Research On The Right Of Inquiry Of Local People's Congress

In our country,inquiry is an important power that the constitution gives to the people's congress to supervise.It has the characteristics of being initiative,obligatory,indirect and interactive.The power of inquiry plays an important role in the supervisory system of the people's congress.It is an important manifestation of supervision by the people's congresses on behalf of the people.It is conducive to the implementation of the constitution,establishes the authority of the people's congresses,changes the functions of the government,and builds a multi-exchange platform.Local people's congresses,as local power organs,shoulder important responsibilities in the process of building China under the rule of law in the new era and have an extremely important position in the entire national supervisory system.Local people's congresses make full use of the power of inquiry which can effectively prevent the abuse of power,embody the superiority of the people's congress system in our country,and are also an important part of comprehensively advancing the rule of law.However,in practice,due to a variety of factors,the exercise of local people's congresses is unsatisfactory,which has affected the role of the local people's congresses in making inquiries.These problems mainly include: First,the constitutional and legal provisions on the right to challenge are not perfect.They mainly show that the constitution and laws do not have uniform requirements for the object of the inquiry,and the Constitution does not clearly state that local people's congresses have the right to exercise the power of inquiry.Second,the power to challenge lacks specific rules of operation.The main manifestation is that the local people's congresses have limited time to exercise their power of inquiry,the main body of the inquiry and the form of the proposal are single,the contents of the inquiry and the deadline for reply have no detailed provisions,and there are no legal consequences of a clear question.Third,local people's congresses and the target of questioning do not fully understand the question.What this mainly means is that the local people's congresses has a fearful mood in the process of the inquiry and the object of the challenge is in conflict with the inquiry.The power of inquiry is not only in our country.It first appeared in the United Kingdom,and many countries in the world have clearly specified the right of inquiry in their own laws.Britain,France,Germany,and Japan are countries that have relatively perfect and mature inquiry power.The Western countries' power to inquiry questions,such as the number of questions raised in the inquiry case,and the content and consequences of the inquiry,have been clearly stipulated.The question has received general attention from members and the degree of publicity of the question is high.It has a certain degree of certainty for the improvement of the power to inquiry of local people's congresses in China.Therefore,on the basis of adhering to the system of the people's congresses of our country,this paper draws on the beneficial results of absorbing the political civilization of the West and based on our country's national conditions,puts forward proposals for improving the power of inquiry of local people's congresses.These proposals include the realization of effective connection between the constitution and the law on the power to inquiry,the improvement of specific inquiry rules,the raising of the level of understanding of local people's congresses and the object of inquiry to the inquiry,and other supporting mechanisms for improving the power to inquiry.