| Several years ago,there are small number of bribery cases happened in the process of the People’s Congress especially in the election system.Election bribery cases happened in Liao Ning Province and Heng Yang city are the most representative.These two cases has seriously challenged the socialist democracy and the People’s Congress in our country.These two cases has attracted broad attention for the large number of people involved in the cases and the bad influence the cases had made.Two cases have something in common:they are collective and organized;participation group of the two cases are becoming more various;also the countermeasures has formed the certain mode.The result of investigation of two cases illustrate the fact that in order to adapt more complicated and versatile social environment,our country should make more effects in bribery election prevention and measurement in the current legal system.Two cases both happened in the indirect selection stage and the measures of the two cases are quite similar.In order to handle the two cases well,some new actions should be taken to face the new challenge.Generally speaking,these countermeasures are appropriate and valuable.From the practical and academic prospective,all those actions and measures are valuable,they are also the good example for the improvement of election system in our country.However,we should also realize that those actions and measures are not perfect.We need to make suggestions to improve the bribery election prevention and measurement.These countermeasure mainly contain the following two parts:In the first place,some countermeasures are taken to deal with the problem of the NPC members.NPC members who are involved into two cases can be divided into two types:one is the member who are elected by bribery,the other is member who receive bribery payments and attend the illegal veto.For those NPC member are elected by bribery,they should be punished by “election invalidation” but not by “termination of NPC member qualification”.After all,they are two different kinds of measures to handle with the NPC members.For those who receive bribery payments and attend the illegal veto,they has been terminated the NPC member qualification by using resigning and recalling.“Election invalidation” also causes some disputes.The main dispute is that whether the actions of the NPC member who involved into two cases and the corresponding NPC are valid.Actually,this problem should not be exaggerated.Except the veto for those who are elected by bribery,all the actions should be valid.As for the countermeasures to those who receive bribery payments and attend the illegal veto,the circumstance of using resigning and recalling should be more specific.What is more,“Be forced to resign” should also listed inthe way of the punishment of the NPC member.Also,for the people who are involved into bribery cases should be set further limitation and they should be listed into the dishonest people.In the second place,some countermeasures are taken to deal with the problem of voidance of the NPC member.Standing Committee of the National People’s Congress and the Standing Committee of Hu Nan Provincial People’s Congress both establish the“preparatory group” to deal with the problem of power vacuum.Establishing “preparatory group” also causes some disputes.However,Establishing “preparatory group” has the problem of lacking specific legal basis.For this problem,we should make a difference between discriminatory.In Heng Yang case,establishing “preparatory group” has the problem of lacking specific legal basis while in Liao Ning case does not have the problem.As the result,current legal provision should be modified.Standing Committee of the National People’s Congress should be given more function and power.The authority of“preparatory group” also should be limited and clear.Further more,it is unnecessary to establish specialized election institution,the fairness and the technicality of the election procedure can be improved by external supervision. |
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