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On The Exercise Of The Decision-making Power On Significant Matters By Local People’s Congresses

Posted on:2024-02-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:J HuangFull Text:PDF
GTID:1526307064477854Subject:Legal theory
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The power to decide on significant matters is an important authority conferred by the Constitution and laws to local people’s congresses and their standing committees.It represents the ultimate embodiment of the constitutional principles centered on the people.The exercise of this power in accordance with the law not only facilitates the implementation and enhancement of the people’s congress system but also promotes the modernization of governance capabilities through the scientific,democratic,standardized,and institutionalized performance of local people’s congresses and their standing committees.Over the course of more than 40 years,the work of local people’s congresses in discussing and deciding significant issues has transitioned from "difficult to implement" to "regularized",from "difficult to grasp" to being "standardized",and from emphasizing "mere implementation" to prioritizing "tangible results".This progress has effectively fostered economic,social development and the construction of democracy along with the rule of law,and effectively promoted the development of a full-chain,all-round,and full-coverage people’s democracy.However,during the exercise of decision-making power on major matters,local people’s congresses have encountered several issues that require further improvement.These issues can be mainly categorized into the following three aspects: Firstly,there is an incomplete legislation,resulting in a lack of specific legal implementation guidelines for local people’s congresses in exercising decision-making power over significant matters.Secondly,a unified and explicit set of procedures,including initiation and execution processes,has not yet been established for decision-making power over significant matters,making it difficult for such authority to operate effectively.Thirdly,some provincial and municipal people’s congresses have a narrow scope of administrative power,leading to inadequate tracking of execution and insufficient rigidity in supervision.To address these issues effectively,the voting deciding system of deputies for pople’s livelihood projects has emerged as an institutional innovation.This system activates the decision-making power of local people’s congresses at all levels and resolves livelihood problems through the participation of multiple stakeholders.The voting deciding system of deputies for pople’s livelihood projects adheres to the development ideology centered on the people,and incorporates the formulation of livelihood projects into the track of the people’s congress system.Following extensive public opinion consultations,all the deputies of the people’s congress will vote on major candidate projects related to practical livelihood matters that are to be implemented annually within the the administrative region.Deliberations and voting are conducted on the major livelihood projects that the government needs to execute,utilizing differential voting methods.Through the mechanism of public opinion aggregation,deputies to the National People’s Congress participate in the whole process of soliciting opinions,making decisions,implementing projects,and exercising supervision over practical livelihood projects.This system ensures timely attention to key and pressing livelihood issues.The voting deciding system of deputies for pople’s livelihood projects has become a practical innovation for local people’s congresses to play their representative functions and optimize local governance.As of January 2023,the voting deciding system of deputies for pople’s livelihood projects has been implemented by local people’s congresses in over 27 provinces(including autonomous regions and municipalities directly under the central government)across the country.Provinces such as Zhejiang,Guangdong,and Hebei have achieved full coverage.The theoretical foundation of the voting deciding system of deputies for pople’s livelihood projects stems from the power to decide on major matters,aiming to activate and improve the exercise of this power.Therefore,it can serve as a reference for studying the exercise of the power to decide on major issues.Firstly,it is essential to analyze the theoretical basis for local people’s congresses to exercise their decision-making power in significant matters.By elucidating the theoretical foundation of decision-making power over significant matters,examining its legal origins and policy basis,we can further clarify the legal nature and status of this authority.Additionally,we can delineate the relationship between decision-making power over significant matters and the decision-making authority of the Party Committee and the administrative authority for significant decisions.Furthermore,we can differentiate and establish the boundaries between decision-making power over significant matters and the legislative power,supervisory power,appointment,and removal power of local people’s congresses.Secondly,building upon the basis of the theoretical overview,with reference to the practical data of the past decade on the voting deciding system of deputies for pople’s livelihood projects,empirical research methods such as questionnaire surveys and quantitative analysis are employed to analyze the practices and legislation of local people’s congresses.Summarize the the issues faced by local people’s congresses in exercising decision-making power over significant matters,such as unclear boundaries of administrative authority,inadequate operational procedures,and insufficient timeliness of decision outcomes.Moreover,the underlying reasons are analyzed to provide targeted recommendations for clarifying the entities responsible for exercising decision-making power over significant matters at the local level,optimizing operational details of such authority,and strengthening the rigidity of its supervision.Thirdly,by comparing the characteristics and scope of the four common ways of exercising the power to decide on significant matters,it is proposed that the voting deciding system of deputies for pople’s livelihood projects represents a standardized operation path with significant practical value.This system empowers the people to be the initiators,decision makers,supervisors and ultimate beneficiaries of major livelihood projects through elected deputies of the people’s congress.In designing the program for the people’s livelihood practical voting system,it is crucial to integrate the operational process with the decision-making and supervisory powers of the people’s congress.This integration allows for the combination of decision-making and public opinion,consultation and voting,as well as supervision and promotion.Finally,a comprehensive summary of the nationwide implementation of the voting deciding system of deputies for pople’s livelihood projects should be conducted using qualitative and quantitative empirical research methods.Notably,in-depth research on the initial trial practices of selected provinces,with a focus on Shenzhen City as a representative,should be undertaken.The advanced practices of Shenzhen City can serve as a model to demonstrate and facilitate the subsequent national legislation.The key focus should be on activating the decision-making power of local people’s congresses on significant matters,using the voting deciding system of deputies for pople’s livelihood projects as a starting point.
Keywords/Search Tags:Whole-process People’s Democracy, the People’s Congress System, the Decision-making Power on Significant Matters, the Way of Power Exercise, the Voting Deciding System of Deputies for People’s Livelihood Projects
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