Research On The Decision-making Power Of The Local People's Congress On Major Issues

The nineteenth National Congress of the Communist Party of China pointed out that we should strengthen the system guarantee of the people's ownership and make the people's congresses and their standing committees at all levels become the working organs that fully assume the responsibilities entrusted by the constitution.The decision-making power on significant matters is the basic power of the people's Congress as a working organ,which is the strategic pivot to realize the party's leadership,the people's ownership and the rule of law.However,the author finds that there is a big gap between the practice of deciding the significant matters of local people's Congress and the powers and functions conferred by the Constitution and the local organizations of law.Insisting on problem oriented,to ask why about the existing decision-making power on significant matters of local people's Congress system can't exert its function,which uses the theory of the new institutionalism to analyze,the system fully institutionalized is needed and a series of procedures and mechanism attached to the system,implement the function of system should be.Firstly,to trace decision-making power on significant the development of history,putting the legal basis and practical basis into order,explaining decision-making power on significant matters which is the basic part of the local political process;Secondly,found 3 cases across The Eighteenth National Congress of the Communist Party of China,as the analysis of the carrier,respectively is the Xiamen PX project case,the case of Anhui province Huoqiu,Ningbo City' the strengthening decision-making on food safety work of case,these example are analyzed in a contrast way,to find what affects decision-making power on significant matters;Thirdly,collecting 14 Municipal People's Congress which published on the People's Congress' s rules on decision-making power on significant matters,summed up the general clause from these rules,which are made comparison analysis between three cases and summarize the general clauses.Fourthly,according on the basis of comprehensive analysis,it is found that the main factors affecting decision-making power on significant matters which mainly include unclear definition of significant matters,unclear internal and external relations,lack of motivation mechanism and linkage mechanism.Fifth,this paper gives suggestions for improvement in the above problems: the adaptability reform of local people's Congress exercising decision-making power on significant matters under the rule of law in the process on government,initiated the identification and review resolution procedures based on the rule of law thinking norms decision-making power on significant matters,straighten out the relationship between decision-making power on significant matters and other three powers,to establish joint exercising mechanism which contains decision-making power on significant matters and the right of supervision,the power of appointment and removal;when local people's Congress makes decisions on significant matters,to carry out the relationship which are standardizations and institutionalization between Party committees and the government in the process,to optimize the working mechanism of the local people's Congress and its Standing Committee,which contains improving the special committees working ability of the local people's Congress,improving the advisory mechanism of the local people's Congress to exercise decision-making power on significant matters,and exploring the establishment of the voting system for deciding the major matters of the local people's Congress.