It has been 50 years since the first session of the First National People's Congress was held in 65438 to 0954. The National People's Congress system sprouted in the 1920s. After hard struggle and long-term exploration, it finally embarked on the road of vigorous development, which greatly promoted and guaranteed the development of China's socialist cause.
1. All power belongs to the peasant associations and all power belongs to the people, which is a great creation of our people. The people's congress system was established on the basis of the long-term experience of political power construction in the people's revolutionary base areas of our country and the experience of five years after the founding of the People's Republic of China, with reference to the experience of the former Soviet Union and some people's democratic countries. During the first revolutionary civil war in China, farmers' associations and strike workers' congresses emerged. Greatly promoted the development of the first revolutionary civil war. Mao Zedong pointed out at that time: "When the local power declines, the peasant associations will become the only authority, and the so-called' all power belongs to the peasant associations' will really be achieved. For example, the strength shown by the seamen's strike ... The general strikes in Shanghai and Hongkong show the importance of the industrial proletariat in the China Revolution. " The organizational form produced at this time can be said to be the bud of the people's congress system.
During the Second Revolutionary War, Mao Zedong pointed out that a representative meeting of workers, peasants and soldiers should be established in the base areas, and the role of the representative meeting or congress should be brought into play. 193 1 year, the first national congress of workers, peasants and soldiers was held in Ruijin, Jiangxi Province, and the Outline of the Constitution of chinese soviet republic was adopted, announcing the establishment of chinese soviet republic. 1934, the second national congress of workers, peasants and soldiers was held. By amending the constitutional outline, it is stipulated that the highest political power of the Chinese Soviet is the National Congress of Workers, Peasants and Soldiers. When not in session, the Central Executive Committee is the highest organ of political power, and a people's committee is set up to handle daily affairs. This can be said to be the embryonic form of the people's congress system, which played a great role in the revolutionary struggle.
During the War of Resistance against Japanese Aggression period, due to the change of the situation, ethnic contradictions became the main contradiction, and the anti-Japanese national United front regime was established in various revolutionary bases. They are all regimes in favor of resistance to Japan and democracy, which are different from the democratic dictatorship of workers and peasants during the second revolutionary civil war. Its organizational form is parliaments at all levels. According to the Regulations on the Organization of Parliaments at All Levels in the Shaanxi-Gansu-Ningxia Border Region, "Parliaments at All Levels in the Border Region are people's representative organs at all levels". Mao Zedong delivered a speech in the Senate of the Shensi-Gansu-Ningxia Border Region, pointing out that "the Senate has only one purpose, which is to overthrow Japanese imperialism and establish a new-democratic China". This form of political organization promoted the construction of base areas and the victory of War of Resistance against Japanese Aggression.
During the third revolutionary civil war, people's congresses appeared in the liberated areas. Mao Zedong pointed out that this "is a very valuable experience ... once such a people's congress is established, it should become the authority of the local people". This form of political organization played an important role in the victory of land reform and liberation war.
1949 In September, the first plenary session of China People's Political Consultative Conference adopted the same program of China People's Political Consultative Conference, stipulating that the highest organ of state power is the National People's Congress, and before the National People's Congress is convened, the plenary session of China People's Political Consultative Conference will exercise its functions and powers. From 1949 to 1954, after various social reforms, the recovery of the national economy and the victory of the War to Resist US Aggression and Aid Korea, elections were held in various places and people's congresses or people's congresses were held. The conditions for convening the National People's Congress are ripe. The first session of the First National People's Congress was held on September 5, 1954, and the Constitution of People's Republic of China (PRC) was adopted, which stipulated: "All power in People's Republic of China (PRC) belongs to the people, and the organs where the people exercise power are the National People's Congress and local people's congresses at various levels. In this way, the people's congress system will be formally implemented throughout the country and become China's fundamental political system. It can be seen that it was produced in the long-term revolution and construction of our country, which was hard-won and was a great creation of our people.
Two. 1982 the constitution strengthens and perfects the organs of state power and other state organs, which is a new stage in the development of China's people's congress system. After the establishment of the people's congress system in the whole country, it played an important role in China's socialist construction, but soon due to the influence of "Left" erroneous ideas, especially the destruction of the "Cultural Revolution", people's congresses at all levels basically stopped. After the downfall of the Gang of Four, people's congresses at all levels were held one after another, especially the fifth session of the Fifth National People's Congress promulgated the current constitution on 1982. 1982 the constitution summarizes the experience and lessons since 1954, systematically and comprehensively strengthens and improves the construction of state power organs, and the development of China's people's congress system has entered a new stage. The strengthening and perfection of this system is: (1) appropriately expanding the functions and powers of the Standing Committee of the National People's Congress is an important measure and an effective way to strengthen the system of people's congresses. China has a vast territory and a large population. The number of deputies to the National People's Congress should not be too small, but it is not convenient to carry out work if there are too many. Therefore, the 1982 Constitution entrusts some functions and powers originally belonging to the National People's Congress to its Standing Committee, effectively strengthening both the National People's Congress Standing Committee (NPCSC) and the National People's Congress. If the National People's Congress and its Standing Committee exercise the legislative power of the state, the NPC Standing Committee has the right to enact and amend laws other than those that should be enacted by the National People's Congress. When the National People's Congress is not in session, it may partially supplement and amend the laws enacted by the National People's Congress, but it shall not violate the basic principles of the law. When the National People's Congress is not in session, it may examine and approve some adjustment plans that must be made in the implementation of the national economic and social development plan and the national budget. When the National People's Congress is not in session, according to the nomination of Premier the State Council, the candidates for ministers, committee directors, auditors-general and secretary-general are decided. Members of the the NPC Standing Committee are not allowed to hold positions in state administrative organs, judicial organs and procuratorial organs.
(2) Strengthen the organization of NPC and its Standing Committee, so as to better handle the routine work of NPC and its Standing Committee. For example, special committees such as Law Committee, Finance and Economic Committee, Education, Science, Culture and Health Committee and Foreign Affairs Committee have been added. Under the leadership of the National People's Congress and its Standing Committee, various special committees studied, deliberated and drafted relevant bills. Chairman and Vice Chairman the National People's Congress Standing Committee (NPCSC). The chairman's meeting composed of the Secretary-General can handle the important daily work of the National People's Congress Standing Committee (NPCSC) in time. There are also working organizations in the National People's Congress Standing Committee (NPCSC), which perform their respective duties.
(3) Re-establish the chairman and vice-chairman, establish the National the Central Military Commission (CMC), and stipulate that national leaders shall not serve for more than two consecutive terms. The State Council implemented the responsibility system of the Prime Minister, and abolished the tenure system of leadership positions. It stipulates the system of multi-party cooperation and political consultation that the production party must lead, further improves the system of regional ethnic autonomy, and stipulates "one country, two systems" and so on. The people's congress system is more perfect.
(4) To stipulate the division of functions and powers between the central and local state organs and follow the principle of giving full play to local initiative and enthusiasm under the unified leadership of the central authorities. The construction of local political power has been strengthened, and local people's congresses at or above the county level have established standing committees. The people's congresses of provinces and municipalities directly under the central government and their standing committees have the right to formulate and promulgate local laws and regulations, and local people's governments at all levels implement the responsibility system of heads of state and set up township governments.
Three. Deng Xiaoping Theory, the socialist market economy and the rule of law were written into the Constitution, which injected new vitality into the people's congress system. Since the promulgation of the 1982 Constitution, great changes have taken place in China's social and economic situation, and the cause of socialist construction has been developing day by day. Several party congresses have put forward many new theoretical viewpoints and major principles and policies. The constitution of 1982 has also been partially revised several times, adding many new contents to make the current constitution more perfect, which is also for the purpose of.
(1) Deng Xiaoping Theory is the inheritance and development of Marxism-Leninism and Mao Zedong Thought, Marxism in the period of reform and opening up, and China Marxism that keeps pace with the times. When this theory is written into the Constitution, it defines its legal status in the country and shows that it is the guiding ideology of the country. The National People's Congress and local people's congresses at all levels should be guided by this theory, so as to make the activity direction of the people's congress system clearer and more in line with the spirit of reform and opening up. The legislation, supervision, decisions and appointments of major issues of the National People's Congress are also more in line with this policy. Therefore, the constitution of Deng Xiaoping Theory is of great theoretical and practical significance to the development of the people's congress system.
(2) The practice and development of the socialist market economy have been increased. Comrade Deng Xiaoping pointed out: "More plans and more markets are not the essential difference between socialism and capitalism. Planned economy is not equal to socialism, and capitalism also has plans: market economy is not equal to capitalism, and socialism also has a market. . This fundamentally lifted people's ideological bondage of regarding planned economy as the characteristics and advantages of socialism for a long time, and enabled them to gain great ideological liberation. 1993 When the Constitution was revised, "the state practices a socialist market economy" was written into the Constitution. 1999 When the Constitution was revised, the socialist market economy will be developed. Written into the preamble of the constitution. In order to make the constitution more perfect, the constitution puts forward an important task of developing the socialist market economy for the activities of the people's congresses here. It is necessary to uphold and improve the basic economic system in which public ownership is the mainstay and diversified ownership economies develop together. At the same time, we should encourage, support and guide the development of individual and private non-public economy as an important part of the socialist market economy, and supervise and manage it according to law. In order to realize these tasks, the National People's Congress must strengthen economic legislation, especially the law on developing socialist market economy, so as to provide a strong legal guarantee for continuously liberating productive forces, expanding opening up, building a well-off society in an all-round way and realizing socialist modernization.
(3) The content of governing the country according to law and building a socialist country ruled by law has been added. Summing up the experience after the founding of the People's Republic of China, especially the lessons of the "Cultural Revolution", China's current constitution stipulates the principle of socialist legal system and stipulates that the constitution is the fundamental law of our country and has the highest legal effect. The people of all ethnic groups in China must take the Constitution as the fundamental criterion of their activities: "The state upholds the unity and dignity of the socialist legal system", "No organization or individual has the privilege beyond the Constitution and laws" and "all acts that violate the Constitution and laws must be investigated". Due to the provisions of the Constitution, the rule of law in China has been strengthened, and the situation that there is no legal basis has basically changed. Due to the rapid development of China's economy and the urgent demands of the broad masses of the people, 1999 amended the Constitution and added a paragraph in Article 5: "The people of China and People's Republic of China (PRC) shall govern the country according to law and build a socialist country ruled by law." Make the rule of law in China enter a new milestone. This requires the NPC to further strengthen legislative work and supervision, governments at all levels should administer according to law, and judicial organs should try according to law to safeguard judicial justice. Since the promulgation of the Constitution, the National People's Congress and its Standing Committee have enacted a large number of laws, the provincial people's congresses and their Standing Committees have enacted a large number of local laws and regulations, and have also strengthened law enforcement inspection, debriefing appraisal and cadre assessment. At present, China's socialist legal system has basically taken shape, people's congresses at all levels are very active, and the people's congress system is booming.
4. Adhering to the organic unity of the party's leadership, the people being the masters of the country and governing the country according to law has provided an important guiding principle for the development of the people's congress system. The report of the 16th National Congress of the Communist Party of China pointed out: "To develop socialist democratic politics, the most fundamental thing is to organically unify the leadership of the Party, the people being the masters of the country and the rule of law." This is an important experience in building socialist political civilization in China in recent years, and it is also the fundamental requirement for developing socialist democratic politics. This is also the essential difference between socialist democracy and capitalist democracy. The people's congress system is the core and fundamental embodiment of socialist democracy, and it is based on the above experience and requirements that it is an important guiding principle for its own work, so it has flourished.
The leadership of the Party is the fundamental guarantee for the people to be masters of their own affairs and develop the people's congress system. To develop the people's congress system, we must strengthen and improve the party's leadership. Only when the National People's Congress accepts the leadership of the party's political ideology, principles and policies, adheres to the party's basic line, raises the party's will to the national will in accordance with legal procedures, appoints and dismisses the heads of state organs, and closely relies on the party's leadership over the work of the National People's Congress, can the work of the National People's Congress continue to advance in the direction guided by the party, conform to reality and win the support of the broad masses of the people.
Governing the country according to law is the basic strategy of the party leading the people to govern the country, and it is also the only way to develop the people's congress system. Governing the country according to law means that the broad masses of the people, under the leadership of the Party and in accordance with the Constitution and laws, manage state affairs, economic and cultural undertakings and social affairs through various channels and forms, ensure that all the work of the country is carried out according to law, and gradually realize the institutionalization and legalization of socialist democracy. The task of the people's congress is to formulate laws and regulations, turn the will of the party and the people into the will of the state, and supervise the implementation and enforcement of people's governments and judicial organs at all levels so that the people of the whole country can abide by them. Secondly, people's congresses must make decisions and resolutions on important issues and matters in strict accordance with the law to ensure the correctness and feasibility of these decisions and resolutions. Therefore, the development of the people's congress system in recent years is inseparable from adhering to the rule of law.
The superiority of the people's congress system lies in
The people's congress system is a political system in which voters directly or indirectly elect representatives to form people's congresses and uniformly manage state affairs in accordance with the principle of democratic centralism. The people's congress system with the people's congress as its cornerstone is the fundamental political system of China.
The people's congress system is a fundamental political system suitable for China's national conditions, which directly reflects the national nature of China's people's democratic dictatorship and is the basis for China to establish other national management systems.
First, it helps to ensure that state power reflects the will of the people. The people not only have the right to choose their own representatives and reflect their demands and opinions to them at any time, but also have the right to supervise them and replace or dismiss those incompetent representatives according to law.
Second, it is conducive to ensuring the unity of central and local state power. In state affairs, all major national issues that require unified national decisions are decided by the central authorities; If it is a local problem, it will be handled by the local authorities in accordance with the central policy. This not only ensures the centralized and unified leadership of the central government, but also exerts the enthusiasm and creativity of local governments, thus forming a strong and unified whole between the central government and local governments.
Third, it is conducive to ensuring the equality and unity of all ethnic groups in China. According to the provisions of the Constitution and laws, there are an appropriate number of ethnic minority representatives in people's congresses at all levels; Where ethnic minorities live in concentrated communities, regional ethnic autonomy shall be practiced, and organs of self-government shall be set up to let ethnic minorities manage their own internal affairs.
In a word, the people's congress system in China can ensure that the state power is in the hands of the people, which conforms to the purpose that the people are masters of their own affairs and suits the national conditions of China.
The people's congress system is the organizational form of the people's democratic dictatorship in China and the fundamental political system in China. Its essence is that all the power of China people and the country belongs to the people, and the people are the masters of the country. The people's congress system is a system in which the National People's Congress and local people's congresses at various levels are democratically elected in accordance with the principle of democratic centralism, and the whole state institution is formed on the basis of the people's congresses, so that the people can be masters of their own affairs.
First, the history and present situation of the China Municipal People's Congress system
(A) the emergence and development of the people's congress system
Over the past 50 years, the people's congress system has been constantly improved and developed in difficulties and twists and turns, and has always shown strong vitality. In the first three years after the establishment of the people's congress system, the work of the people's congress was quite active, which was the first good period after the founding of the People's Republic of China. From 1957 to 1966, due to the intensification of "left" thinking, democratic centralism was destroyed and the work of the National People's Congress was basically at a standstill. During the Cultural Revolution, the people's congress system suffered serious setbacks and destruction, and the construction of socialist democracy and legal system suffered great damage. After the downfall of the Gang of Four, people's congresses at all levels gradually resumed.
1978 The Third Plenary Session of the Eleventh Central Committee of the China Producer Party summed up the historical experience since the founding of the People's Republic of China, learned the painful lessons of the "Cultural Revolution", and put forward the tasks of developing socialist democracy, improving the socialist legal system, institutionalizing democracy and democratic governance.
Since the reform and opening up, the people's congress has entered a brand-new stage of development: the most important thing in building socialist democratic politics is to uphold and improve the people's congress system, which has become the consensus of the whole party and the people of the whole country; The people's congress system plays an increasingly important role in promoting socialist democracy, improving the socialist legal system, ensuring that the people are masters of their own affairs, and promoting reform, opening up and modernization. At the same time, great progress has been made in the construction of various specific systems of the people's congresses. For example, the current Constitution 1982 has been promulgated and implemented so far; 1987 formulated the rules of procedure of the NPC Standing Committee; 1989 formulated the rules of procedure of the national people's congress; 1992, the people's representative law was promulgated. These laws make specific and clear provisions on the convening of meetings, the proposal and deliberation of bills, the election, recall and resignation of personnel, questions and inquiries, speeches and voting, the rights and obligations of people's deputies and their activities inside and outside the meetings, so that the operation of people's representative organs has rules to follow and laws to follow, promoting democracy and improving efficiency. In March 2004, the Tenth National People's Congress passed a constitutional amendment to extend the term of office of the people's congresses of townships, nationality townships and towns, stipulating that "the term of office of local people's congresses at all levels is five years", which is conducive to the construction of grass-roots political power in China. The above development process shows from all angles that although the development of the people's congress system is not smooth sailing, there is no doubt that it is constantly improving in the process of progress.
(2) The Constitution is the fundamental legal basis for the construction of the people's congress system.
As the fundamental law of the country, the Constitution stipulates the fundamental system of the country. The first is the fundamental political system. It not only stipulates that the state system of our country is the people's democratic dictatorship, but also stipulates the basic principles, composition and operation procedures suitable for this state system. It is of great significance for us to develop socialist democratic politics and build socialist political civilization under the historical conditions of entering the "new century" and "new stage" to study the internal relationship between the constitution and the people's congress system and further play the role of the constitution in regulating, safeguarding and promoting the people's congress system.
The emergence and development of the new China Constitution are closely related to the establishment and improvement of the people's congress system. 1949 On the occasion of the birth of People's Republic of China (PRC), the "China People's Political Consultative Conference" with the nature of interim constitution confirmed that the political system of China was the people's congress system. China's first socialist constitution, which was formulated at the first session of the First National People's Congress from 65438 to 0954, made systematic provisions on the people's congress system, marking the full establishment of the political power system based on the people's congress in China. The Constitution of 1982 promulgated after the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China has made a series of new and important provisions for strengthening and perfecting the system of people's congresses, and the work of people's congresses in China has also entered a new and important historical development period. Historical review shows that the emergence of the new China Constitution provides the most fundamental legal basis for the construction of the people's congress system. With the promotion of constitution making, revision and implementation, China's fundamental political system has been continuously adhered to and improved.
(C) the nature and status of the people's congress system
The People's Congress is the political organization form of the people's democratic dictatorship in China and the fundamental political system in China. All power in People's Republic of China (PRC) belongs to the people. The organs where the people exercise state power are the National People's Congress and people's congresses at all levels. The National People's Congress and local people's congresses at various levels are democratically elected, accountable to the people and supervised by the people. The state administrative organs, judicial organs and procuratorial organs are all produced by, accountable to and supervised by the people's congresses. The National People's Congress is the highest organ of state power; Local people's congresses at various levels are local organs of state power.
(4) the superiority of the people's congress system.
The people's congress system is a form of political power organization with China characteristics, which conforms to the national conditions of China and meets the needs of the people's democratic dictatorship and socialist modernization in China. The people's congresses in China are composed of deputies elected by the people. In China, the right to vote is universal and equal. Except those who are deprived of political rights according to law, all Finns who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence. China's people's congress system implements "integration of deliberation and execution", which does not mean that people's congresses directly handle all administrative work except making laws and deciding state affairs, and arrange all work of the State Council and local people's governments at all levels. Instead, it reflects that it not only makes laws and decides state affairs, but also organizes administrative organs to lead and supervise its work, and conveys the spirit of laws and resolutions it has made to the people through its representatives, leading the people with its own exemplary actions.
The practice of China's long-term revolution and construction shows that the people's congress system is a form of political organization with China characteristics, which conforms to China's national conditions and meets the needs of China's people's democratic dictatorship and socialist modernization. It has the following advantages.
First, attract people to participate in state management. The people's congresses in China are composed of deputies elected by the people. In China, the right to vote is universal and equal. Except those who are deprived of political rights according to law, all citizens who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence. Elections in China are held in a completely free environment, without any pressure, and no political group can threaten or oppress voters. Through elections, representatives from all democratic parties, all walks of life, all ethnic groups and all social occupations have been elected to the people's congresses, so that when the people's congresses decide on some issues, they can not only reflect the common interests of the people, but also take care of the special interests of all walks of life and all aspects.
The second is to facilitate the implementation of "integration of discussion and action". "Unity of deliberation and action" is the basic activity principle of China's people's congress system. China's people's congress system implements the "integration of deliberation and execution", which does not mean that the people's congress directly handles all administrative work except making laws and deciding state affairs, and arranges the work of the State Council and local people's governments at all levels. Instead, it reflects that it not only makes laws and decisions on state affairs, but also organizes administrative organs to lead and supervise its work, and conveys the spirit of laws and resolutions it has made to the people through its representatives, with its own exemplary actions. The people's congress concentrates state power and exercises it on its own, which is convenient for the implementation of "the unity of deliberation and execution". This omnipotence of state power makes it an organ that exercises state legislative power and has the right to decide state affairs; Give it the right to organize other state organs, especially state administrative organs, and lead and supervise them to implement laws and resolutions.
Third, it can not only ensure the unified leadership of the central government, but also give play to the initiative and enthusiasm of local governments. Under the people's congress system, the highest authority has the right to amend the Constitution, enact laws and decide all major issues of the country, which other state organs must abide by and implement. The State Council is the highest administrative organ, and all local administrative organs must obey its leadership. Thus, the legislative and administrative power of the whole country is centralized in the central government: at the same time, local power organs at all levels ensure the observance and implementation of the Constitution, laws and administrative regulations within their respective administrative areas, and have the right to decide all major issues within their respective administrative areas: provincial power organs, power organs of cities where the people's governments of provinces and autonomous regions are located, and power organs of larger cities approved by the State Council have the right to formulate local regulations; The organs of national self-government exercise the highest autonomy in accordance with the Constitution, the Basic Law of the Special Administrative Region and other relevant local laws. These important provisions ensure the centralized and unified leadership of the central government and are conducive to further exerting the enthusiasm and initiative of local government organs.
Second, the main problems and shortcomings of China's people's congress system at this stage
1954 it has been 50 years since the constitution established the people's congress system as the fundamental political system of our country. During this period, although the constitution has been revised many times, the basic structure of the people's congress system has been inherited. With the continuous development of China's economy and society and the continuous advancement of socialist democratic politics, the National People's Congress is playing an increasingly important role in the country's political life, and its own shortcomings are increasingly exposed. The people's congress system also needs to keep pace with the times, reform and innovate, and constantly improve to meet the requirements of the development of the new situation. The main defects of the current NPC system are:
(1) The NPC system needs to be strengthened in promoting democracy.
The National People's Congress is the main channel for people to participate in the management of national social affairs. The wider the NPC promotes democracy, the more support it gets from the public. NPC (National People's Congress) is an important link between NPC and people. At present, there is still a gap between NPC and the law in giving full play to the main role of deputies in managing state affairs and their enthusiasm in participating in and discussing state affairs. There is a gap between the job requirements of NPC and the requirements of representing itself. At this stage, deputies still lack effective channels to participate in the work of the Standing Committee, and the contact between deputies and voters and electoral units lacks institutional guarantee and internal motivation. The role of deputies in reflecting the opinions and demands of the masses and urging the government to solve difficulties has not yet been brought into play. If we can't really play the role of representatives, the work of promoting the people to be masters of the country will not advance.
(two) the legal effect of the exercise of rights by the people's congresses is difficult to determine.
For example, if the Standing Committee does not produce written legal documents, what is the legal effect of members' opinions? Whether the conclusions of the commission of inquiry on specific issues have final legal effect, whether they must be used as the basis of judicial decisions or administrative decisions, and whether they can replace administrative decisions and judicial decisions. What are the legal consequences of NPC and its Standing Committee not passing the work report of "one government, two houses"? These questions cannot be answered by the existing laws. The reason is that these laws on the work of NPC were formulated at an early stage. At that time, only the status, nature, power and internal organization of NPC were arranged systematically and in a framework, and no specific operating procedures were involved. At that time, the work of the National People's Congress had not been carried out in detail, and no specific questions needed to be answered were put forward in practice. Therefore, the principle of legal provisions has its historical reasons.
With the gradual expansion of the field of work of the National People's Congress, the practice of the work of the National People's Congress is increasingly rich, and the exercise of rights lacks specific legal norms, which brings many inconveniences to the work of the National People's Congress. First of all, many powers given to NPC by the Constitution cannot operate because there are no specific provisions in the law, and the powers exercised by NPC involve too many non-legal factors, resulting in the status quo of NPC's "inaction" or "limited action". Secondly, when local people's congresses exercise the same power, they can only adopt different ways according to their own understanding, so the process of exercising power is not uniform, and the final legal effect may be different, which affects the seriousness of the people's congresses exercising power.
(3) The composition of deputies to the National People's Congress is unreasonable, and the role of deputies to the National People's Congress is poor.
Due to the large number of deputies to people's congresses at all levels in China, it is impossible to consider bills at plenary meetings, so the bills considered by deputies to people's congresses can only be submitted to delegations for deliberation in groups before being submitted to the General Assembly for voting. Take the National People's Congress as an example. The delegation consists of representatives from all provinces, autonomous regions, municipalities directly under the Central Government, special administrative regions and the military. The role of the delegation is to organize representatives to deliberate bills during the National People's Congress. It may also have a head of delegation or send a representative to speak on behalf of the delegation at the plenary meeting. What we read in the newspaper that the delegates spoke freely at NPC meetings refers to the speeches made by the delegates at the delegation meetings.
However, because delegations are classified by regions, the heads of delegations are often party and government officials such as provincial party secretaries or governors in their respective regions. Therefore, when proposing a motion, the head of the delegation often makes a suggestive speech and finally makes a concluding speech. When NPC deputies from all over the country come to Beijing, they must rely on the central government to supervise the localities. However, on the premise that the head of the delegation is the local chief executive, their speeches are restrained, and they often talk about problems, achievements and personal responsibilities of officials, but only talk about the differences in regional natural conditions, which has become a platform for them to express their determination and look forward to the future.
Therefore, if the number of deputies to the National People's Congress is still too large, or if the bills are considered by delegations in groups, the part-time job of deputies to the National People's Congress must be cancelled immediately. Deputies to the National People's Congress (NPC) are elected by the people, and constitute organs of state power at all levels to supervise administrative organs, judicial organs and procuratorial organs. However, quite a few NPC deputies themselves are officials of administrative organs, judicial organs and procuratorial organs. The National People's Congress is presided over by the presidium, but quite a few members of the presidium are state leaders, who dominate the meeting. Therefore, when the National People's Congress is in session, state leaders will supervise themselves. In the delegation, local leaders will supervise themselves, and the supervisory function of the entire National People's Congress will fail.
(4) The specific provisions and procedures of the electoral system are not scientific and perfect.
The election of deputies to China's National People's Congress adopts the principle of combining direct election with indirect election. At and below the county level, the method of direct election of voters is adopted, and the deputies are elected by the people's congresses at the next lower level at the national, provincial and municipal levels. Indirect elections reduce the possibility of representing public opinion, especially when county-level people's congresses elect municipal people's congresses, municipal people's congresses elect provincial people's congresses, and provincial people's congresses elect deputies.
In the direct elections at the township and county levels. Although voters directly vote, the representatives directly elected by voters can only hold a meeting once a year. Township people's congresses do not have permanent organs, but only one chairman and two to three vice-chairmen as agencies to contact representatives when the township people's congresses are not in session. The county people's congress establishes a standing committee as the permanent organ of the plenary session, which meets every two months when it is not in session.