Study On The Right Of Personal Protection Of Deputies To The People's Congress

In this paper,based on the National People's Congress to represent special protection of human rights in the process of executing,the purpose of the analysis of the National People's Congress on behalf of the personal vesting,in full reference to countries outside of the personal rights of their member of parliament,on the basis of the successful experience of special protection,combined with the characteristics of the people's congress system operation in China,put forward feasible Suggestions.NPC delegates personal vesting faces a series of problems in the practice operation,and the root of these problems lies in the constitution and the law of people's congress on behalf of the provisions of the personal vesting content is too broad,this article in to the National People's Congress on behalf of personal vesting targeted Suggestions at the same time,pay more attention to the National People's Congress on behalf of the realization of personal right to special protection effect,makes every effort in the framework of democratic rule of law,the National People's Congress on behalf of the role and the personal freedom and safety in the process of providing more comprehensive protection,more fully meet the representative of the role and realistic need.This paper is divided into five parts:The first part introduces the concept of the National People's Congress on behalf of the personal vesting and basic content,from multiple perspectives to analyze representative personal nature of the vesting,defines it as negative rights and procedural rights and integrity of rights,and the representative theory,representation theory,under the rule of law theory to interpret the theoretical foundation of the National People's Congress on behalf of the personal vesting.The second part divides the development process into three stages according to the legislative background and historical evolution of the special right of personal protection of NPC deputies.The second stage,from 1982 to 1992,was the period of the restoration and development of deputies' special right of personal protection.The third stage is from 2010 to now,which is a period of gradual improvement of NPC deputies' special right of personalprotection.The third part summarizes the legal dilemma and practical problems of the special right of personal protection of NPC deputies from four aspects: the subject of the examination or acceptance of the report,the scope of the request or report,the procedure of the operation of the license or report,and the remedy mechanism of the right.The fourth part explores the members outside of human rights protection mechanisms in particular,based on characteristics and protection rights,members personal right to special protection mode can be divided into "immunity" and "license type" two rights protected mode,and summarizes the successful experience of corresponding,for the perfection of China's people's congress to represent the personal vesting ideas and methods.The fifth part,based on the analysis above and based on the reality of the operation of the people's congress system in China,puts forward several views and Suggestions on improving the special right of personal protection of NPC deputies from the following four aspects: proposal subject,protection scope,protection procedure and relief mechanism.