An Analysis Of The Problems Of The Law Enforcement And Inspection In Local People's Congresses And Some Proposal Solutions

The task of National People's Congress and Standing Committees in different levels in PRC is to supervise the government, courts and inspecting department which is the authority given by Constitution and law. Since the Third Session of the Eleventh Central Committee of the Party China has strengthened the system of democracy and the legal system and institutions. The framework of the legal system with socialism with Chinese characteristics has been almost set up. There have been rules and convictions to be used as bases for the law and the order in China. The law enforcement and inspection, as important methods for the National People's Congress (NPC) and Local People's Congresses to enforce their rights of supervision, are to ensure the Constitution and laws to be practiced and the authorities of governing, judgment and inspecting. Also, they will protect the legal rights of citizens and conventional persons. They contribute to abiding by the legality and enforcing the law.From another point of view, this study stated the concept of and the content of and the characteristics of Chinese National People's Congress Standing Committee. We reviewed the activities of the NPC in the law enforcement and inspection governments in different hierarchical levels and its development. We revealed some obvious and potential problems of enpowerment, inspection, the weak strength of solving the problems and the absence of punishment by comparing with the enforcement and inspection of local the NPC: (1) since the identification of subjects, objects and domain of the law enforcement and inspection was vague, we often mixed subjects and transfer the target and misplaced the objects that changed the characteristics of enforcement and inspection ; (2) the backwards of the method of choice and the arrangement of compose made the performance of enforcement and inspection was not good enough and the mastering of laws and rules was not true; (3) the lack of tracing after the process of supervision. The skill of the law enforcement and inspection was simple and the pattern was programming which was lack of flexibility. These problems above were caused by some objective reasons as well as some subjective: (1) the ambiguous on thoughts. People now knew less about the characteristics of, purpose of and the meaning of the law enforcement and inspection even with some bias. The apparent appearances were the weak cognition of legality, the weak cognition of subjects of the law enforcement and inspection and the weak cognition of masses; (2) the slack of system. The law enforcement and inspection was limited within the same hierarchy that the higher the NPC monitored the lower hierarchal the NPC. While the lower hierarchy the NPC could not assist the super the NPC launch the work for the shortcomings of system. The problems that were discovered would be extinct inside of the system as"Do not wash your dirty linen in public". The local the NPC Standing Committee did not install the departments such like statistic office, supervisor, audit department, quality inspection department and information department which led to the failure in enforcement and inspection; (3) thirdly, the study of theory and the laws were not sufficient that constrained the development of the law enforcement and inspection; (4) some problems were existed in the legislation which affects the efficacy of enforcement and inspection directly. The responsibility to launch laws was not clear. Nevertheless, these problems were difficult to solve; (5) the qualification of supervisors was not as high as required. The supervisors in local the NPC had to be forested to rise the abilities of considering, theory and legality urgently.How to improve and perfect the law enforcement and inspection in order to increase its effects? In this research, we explained such issue.We should understand the legal enforcement and inspection as well as the body of, the object of and contents of the law enforcement and inspection. The first function of the NPC in different levels is to supervise the government in the same reign level and make the judicature justice. Only if we recognize the dominant distinction of the founction of NPC and the founction of governmental system in the law enfoecement and inspection as well as the difference between the law enforcement and inspection of the NPC in different reign levels and the target as well as features of the law enforcement and inspection of the NPC, can we understand the characteristics of it so that strengthen the effect of the law enforcement and inspection of the NPC. We should pay attention to make the process of the law enforcement and inspection better. Firstly, the content of inspection should be concise. On one hand, we have to use proper rules when we choose the content; on the other, we have to concentrate on some main points and efficacy. We also have to choose thesis scientific to get the essential issues such like difficult problems and hot topics concerned by the masses. Secondly, we have to organize the inspection considerate. We can form the inspectional team and make inspectional schedules as well as study the laws rules and ensure the work of the law enforcement and inspection to be launched swiftly. These would benefit the appearance of strict plans in every step of inspection and effective work. Thirdly, we have to precise our deliration. Fourthly, we have to tracing and supervising in time. The NPC Standing Committee has to study the report of"The Government and court & procuratorate"seriously and trace with the solutions, actions as well as the degree to which the local government consider the importance of the issue. Thereafter, the Standing Committee will be able to know the situation and control it. Last but not the least, we have to innovate deeply. The local NPC Standing Committee has to take the charge of the revolution and monitor the conditions that the innovation is not deep enough or the approaches are not useful or the effect of innovation is not significant etc. It has the responsibility to order the relative departments to innovate more and offer them with some suggestion. Then it has to do a report to the head meeting till the advices are all executed that has raised the effects of inspection.We should use many kinds of supervising approaches comprehensively and unify other sorts of forms. Foremost, set up the law and rules and complete the system of the law enforcement and inspection of the NPC. Second, connect the law enforcement and inspection of the NPC to other links of the NPC for the purpose of avoiding the limitation. Thirdly, combine the legal supervision with consensual supervision. In addition, improve the openness of the law enforcement and inspection. Moreover, renew and build up the mature thoughts of the law enforcement and inspection. And we should also found an effective system of it. Finally, we should enhance the executor's capability as well as inspector's. At the same time, we have to broad the influence of law enforcement and inspection to the public. Improve the degree of demoncrecy of the law enforcement and inspection. What the NPC should do is to open the system to the mass so that the activities of law enforcement and inspection can be monitered by the common citizens which would form an good atmosphere of legal. We also have to set up a system such as the bullinten broad to let the public know the decisions the NPC has passed. At last, we should perfect our system of report-auditing.Change the notion of law enforcement and inspection. We have to forster a matural and rational idea of the inspection and establish an effective system. First of all, we have to own the scientific concept. Second, the creativeity and skill of the law enforcement should be emphasized. And improve the skills and capability of the whole inspective staff.In a summary, the law enforcement and inspection are the effect mediums of the authority of the National People's Congresses in different levels. This kind of supervision has the specific evidence in law, especially after the decree of supervision. Doing the law enforcement and inspection of law scientific and effective may propel the work of the NPC Standing Committee in each level. Therefore the authority institutions in different levels would control each other in the system and improve the socialistic democracy.