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The Study Of Recall System Of National People’s Congress Civil Servants

Posted on:2017-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:M M LiangFull Text:PDF
GTID:2296330503959030Subject:Constitutional Law and Administrative Law
Abstract/Summary:PDF Full Text Request
Based on the the recall system of National People’s Congress as the breakthrough point,combined with the practice of political development in our country,the National People’s Congress recall system existence and development in our country are analyzed,and the legitimacy of the recall of National People’s Congress system in our country are discussed. " Three Principles of the People" put forward by the modern Sun Zhongshan thought embodies the recall.He thinks,representative democracy,if people only have the right to vote,without supervision,is just like the people to the state of this machine can only be launched,can’t brake,the people will not be able to effectively control the state apparatus and its officials.Soviet communist party that people direct management regime,both public authorities and government agencies are directly elected by the people set is very complete the people to the government and the supervision of government workers and the right to recall.The 1954 constitution is our country after the founding of the first constitution,it expressly provides for which the Chinese people have supervision of National People’s Congress, all state organs,have to remove the power of the state civil servants.During the cultural revolution,due to the destruction of the national legal system,lead to the lack of National People’s Congress recalled, the people’s supervision ways and means from the orbit of the rule of law.The 1982 constitution recovered the 1954 constitution about the recalled the relevant provision,once again made clear the supervision of the people.And in addition to the constitution,recalled the exercise of the current electoral law in our country,such as organic law has a corresponding provisions in the law of each subject behavior norms and guidance,so as to form relatively perfect power supervision system.Recall system of National People’s Congress in accordance with China’s political system,the principle of people’s sovereignty is the right to vote is necessary,but also to give full play to the function of National People’s Congress,is also the inevitable requirement of strengthening power supervision.Now recall system are delayed in exercise of the National People’s Congress,recall and removal function confusion,and recall the initiator of National People’s Congress more restricted,main cause of the problem is the insufficient understanding of recall function of National People’s Congress,the operation of the recall system of National People’s Congress law is imperfect,the leadership of the party and the National People’s Congress functions between the existence of the cross.In our country law to the provisions of the subject and object are removed principle,lead to people’s congress in deciding whether or not put forward motion,the reason of recall is confusion.At the same time,some local party organizations to the work of the National People’s Congress at the risk of intervention,leads to a people’s congress to recall to the impression of the party’s decision.Through the analysis of the above problems,this article from the National People’s Congress shift awareness recalled concept,perfecting the law of people’s congress to recall procedures provisions of the civil servants,clear the leadership of the party in the National People’s Congress to recall the location in the work three aspects put forward the corresponding Suggestions.Firstly,National People’s Congress from the value to agree,to recall the meaning of the second from the legal system of the National People’s Congress to recall procedures detailed system,clear the corresponding to recall main body and remove object,will receive the administrative penalties,civil servants the review results of report on the work of the government,the people’s procuratorate of National People’s Congress and the reasons why the inquiry results as a recall of the National People’s Congress,build a good set of starting mechanism to recall,at the same time make a specification for recall review program,ensure the smooth operation of the National People’s Congress to recall system operation.Finally, by defining the leadership of the party in the National People’s Congress to recall the location in the work,good cohesion between management and the work of the National People’s Congress in the party,to build more perfect recall of National People’s Congress system,improve the efficiency and level of National People’s Congress to recall functions.
Keywords/Search Tags:The People’s Congress, Recall, Civil Servants
PDF Full Text Request
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