| Since the implementation of the pilot work,the reform of the monitoring system has received much attention and is a major political system reform.The“Supervision Law of the People ’s Republic of China”(hereinafter referred to as the“Supervision Law”)was promulgated and implemented on March 20,2018,but there are still unclear points.Can the deputies of the National People ’s Congress be monitored as a member of China ’s power organs? What is the difference between monitoring people’s congress representatives and public officials? Will supervisory deputies affect their performance? What are the problems with the supervision of the people’s congress representatives in current judicial practice? These issues require our further study.At this stage,there have been cases where the person being supervised has the status of a representative of the National People’s Congress,but the lack of clear legal provisions has questioned the legitimacy of the supervision,which is not conducive to the standardization of judicial practice standards and the unity of legal determination.Through the analysis of the viewpoints of the theoretical circle,the composition of the NPC deputies and the research on the relationship between the state organs,I believe that non-public official representatives of the National People’s Congress should not be regarded as objects of supervision,and people’s congress representatives with public officials are supervised based on their status as public officials,but attention should be paid to the particularity of the supervision of people’s congress representatives.Mainly manifested in the scope of supervision,supervision procedures,and supervision measures,in particular,it is necessary to combine the provisions on the special protection of the personal freedom of NPC deputies.In the scope of supervision,it is necessary to distinguish between the behavior of the duty to be inspected and the behavior that generally violates the internal discipline of the NPC.In terms of monitoring measures,a strict distinction is made as to whether they have the property of restricting personal freedom,and whether and how detention measures can be applied to NPC deputies is discussed.In terms of inspection procedures,in addition to the licensing procedures resulting from the inspection measures,a notification procedure should also be added to the original electoral districts and voters of the people’s congresses to be inspected before filing.There are problems in the supervision of NPC deputies in the current legislation and judicial practice.For example,the legislation is unclear,there is no clear provision on whether the NPCdeputies can be monitored,and there is no distinction between the identity of public officials and non-public officials.There is no way to query the monitoring process.The monitoring website does not fully describe the facts and reasons of the subject being monitored.The implementation details of the monitoring measures are not clear,and the monitoring process still needs to be improved.In short,the problems at the present stage should be overcome,and the supervisory organs must follow the law to enhance the clarity and guidance in the implementation of the Supervision Law.While guaranteeing the operation of the supervisory power,it should effectively restrict and supervise it,and reduce the violation of laws and regulations by the supervisory organs in practice.Promote high-quality discipline inspection and supervision work,improve the discipline inspection and supervision system,and promote the modernization of the national governance system and governance capabilities. |
