Amendment Of Representative Law: Refining The Performance Standards Of Representatives

The eleven national conference concluded in October 28th

According to the introduction, the representative law is to regulate and protect the NPC deputies to exercise their powers and perform their duties according to law.

In accordance with the requirements of the Seventeenth National Congress of the Seventeenth National Congress of the Communist Party of China to "protect the NPC deputies' exercise of their functions and powers in accordance with the law, and closely link the deputies to the people", we should sum up our practical experience and focus on supporting, standardizing and ensuring deputies to perform their duties according to law. We should make overall plans and strive to improve the system so as to give full play to the role of NPC deputies and to enhance the vitality and vitality of the NPC.

Clearly represent seven rights

According to introducing, the key point of the amendment of this representative law is to further clarify the rights and obligations of NPC deputies, further refine the performance standards of deputies to NPC deputies, further strengthen the protection of deputies' performance duties, and further strengthen the supervision of NPC deputies.

In the past, some localities and representatives reflected that the provisions of the representative law on the rights and obligations of representatives were relatively scattered, and it was not easy for delegates to understand their duties comprehensively and accurately, and suggested that the rights and obligations of representatives should be clearly defined.

In order to enhance the sense of responsibility and mission of the representative and enhance the initiative and initiative of the executive representative, the revised representative law adds seven rights to the representatives: attending the meeting of people's congresses at the level, participating in deliberations on various bills, reports and other topics, issuing opinions; and putting forward proposals, criticisms and opinions on all aspects of work in accordance with the joint law, putting forward proposals, criticisms and opinions on all aspects of work; taking part in the election of people's congresses at the level of the people's Congress; participating in the voting of the people's congresses at the level of the people's Congress; obtaining the necessary information and guarantee for carrying out the duties of representatives in accordance with the law; and enforcing their rights in accordance with the law.

We should abide by the Constitution and laws, protect state secrets, assist in the implementation of the Constitution and laws in their own production, work and social activities, attend the meetings of the people's congresses at the same level, deliberate on various motions, reports and other topics, make good contributions to the work during the conference, actively participate in the performance inspection activities such as inspection, special investigation and law enforcement inspection of the unified organization, strengthen performance training and research, constantly improve the ability to perform the duties of Representatives, maintain close ties with voters in the original constituencies or the original electoral units and people, listen to and reflect their opinions and demands, and strive to serve the people; conscientiously observe social ethics, honesty, self-discipline, fair and upright, diligent and conscientious duties, and other obligations stipulated by law. At the same time, the representative shall perform seven obligations:

Representatives should give priority to the duties of Representatives.

In order to fully reflect our National People's Congress representatives have their own jobs, engage in the characteristics of their respective professions, and deal with the relationship between the executive duties and the work of their own work, the new law adds that the representatives do not separate from their own production and work.

When attending a meeting of people's congresses at the level of the Congress and participating in the activities of unified organization during the inter sessional period, representatives should arrange their own production and work and give priority to the duties of Representatives.

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Further refine the representative's duty rules

Representing executive duties, including work during meetings and inter sessional activities.

In recent years, according to the provisions of the representative law, various areas have enriched the contents and forms of representative duties, and expanded channels.

According to the opinions from all sides and summing up the practical experience, the new representative law further refine the representative's performance standards from the following aspects:

Representatives should attend the meeting of the people's congresses at the corresponding level on time.

If a person can not attend the meeting due to special reasons such as health, he shall ask for leave in accordance with the regulations.

The representative should listen to the opinions and suggestions of the masses before attending the meeting of the people's congresses at the level, and prepare for the implementation of the representative duties during the conference.

The representative should express his views on the topic of the conference and observe the rules of procedure.

The deputies have the right to put forward suggestions, criticisms and opinions on all aspects of work to the people's congresses at the level.

Suggestions, criticisms and opinions should be specific and specific, with a view to reflecting the actual situation and problems.

The activities of representatives during the inter sessional period are mainly collective activities, and the activities of representative groups are the basic form.

The representative can listen to and reflect the opinions and requirements of the voters in the original constituency or the original electoral units in various ways.

The NPC deputies at the county level and above have conducted special research on the major issues of economic and social development, the vital interests of the people and the general concerns of the community.

A report formed on behalf of the Standing Committee of the Standing Committee of the National People's Congress shall be pmitted to the relevant organs and organizations.

Feedback on the research and handling of the opinions and recommendations put forward in the report should be made to the representative.

Perfect the personal protection permission procedure

In order to support and guarantee the performance of duties by representatives in accordance with the law, according to the opinions of various parties, the new representative law adds the following provisions:

First, safeguard the informed and informed administration of Representatives, and help delegates better exercise their rights and perform their duties.

Regulations: the standing committees of people's congresses at all levels above the county level, people's governments at all levels, people's courts and people's procuratorates shall inform the deputies to the people's congresses at the corresponding levels of their work in a timely manner, provide information and information, and safeguard the right to know the representatives.

The two is to enhance the performance of the representative's duty and improve the ability of the representative to perform his duties.

Stipulates: the standing committees of people's congresses at all levels above the county level should organize their representatives to participate in their duties and studies in a planned way, so as to help them fully understand the people's Congress system and grasp the legal knowledge and expertise needed to perform their duties.

The deputies to the township, nationality townships and towns can participate in the performance of their duties by representatives of the NPC Standing Committees.

Three, we should improve the personal protection permission procedures for the representatives to ensure that the representatives perform their duties according to law.

Some places have suggested that the measures adopted by the NPC deputies at the county level and above to take measures to restrict personal freedom should be made clear according to the standards.

Accordingly, the new representative law is clear: after the NPC's standing committee or the standing committee accepts the permit application of the relevant authorities for arrests, criminal trials or other restrictions on personal freedom, it should examine whether there is any legal investigation of the deputies and voting on behalf of the various NPC meetings, or retaliates against other duties, such as suggestions, criticisms and opinions, and so on, and decides accordingly.

Four, we should strengthen the handling of Representatives' suggestions, criticisms and opinions.

It is stipulated that the relevant organs and organizations should seriously study and handle the suggestions, criticisms and opinions of the representatives, and reply within three months from the date of their own operation.

Suggestions, criticisms and opinions that involve a wide range and are difficult to handle should be answered within six months from the date of their own operation.

In the process of studying and handling the suggestions, criticisms and opinions of the representatives, the relevant organs and organizations should communicate with the representatives and listen to the opinions fully.

The handling of the suggestions, criticisms and opinions should be reported to the Standing Committee of the people's Congress at the corresponding level, and the next NPC session will be issued.

The five is to strengthen the material guarantee and organizational service guarantee for deputies' performance.

The new law stipulates that the funds for the activities of the representatives shall be included in the budget at the corresponding level, and earmarked for special purposes.

At the same time, in view of the working bodies and working organizations of the NPC standing committees at all levels, they are the collective staff assistants and service teams who represent their duties. The representatives do not have individual workshops, and stipulate that the working bodies and working bodies of the NPC standing committees at or above the county level are collective service agencies representing the duties of the executive representatives, providing service guarantees for the deputies to perform their duties.

Directly elected representatives should report on the performance of their duties.

Some places have reflected that the deputies to the NPC are democratically elected, accountable to the people and supervised by the people, but the provisions on the supervision by the representative law are too principled, which are not convenient for practical operation.

To this end, the new representative law stipulates that representatives should adopt a variety of ways to listen to the opinions of the people on their duty of performance regularly, and to answer questions of the voters in the original constituency or the original electoral units on the work and activities of delegates and accept supervision.

Some members of the Standing Committee also suggested that in order to enhance the supervision over the performance of the deputies' performance, it is suggested that, according to the practice already formed by many local people's congresses, the performance of the grass-roots NPC deputies shall be stipulated.

Taking into account the performance of representative reports, we can start with representatives directly elected and gradually accumulate experience.

To this end, the new representative law has increased the requirement that the representatives elected directly by voters should report their duties to the voters in the original constituencies in various ways.

Shall not make use of the executive position to make profits.

Some places also suggested that some representatives used representative duties to interfere with the handling of cases by judicial organs. Some representatives also used representative duties to interfere with tendering and bidding activities, which were inconsistent with the duties of Representatives and had a greater negative impact.

According to the opinions of various parties, the new representative law strictly distinguishes the representatives from engaging in personal professional activities and performing their duties.

It is stipulated that the representative should correctly handle the relationship between engaging in personal professional activities and performing representative duties, and shall not use personal duties to interfere in specific judicial cases or tendering and tendering and other economic activities to seek personal interests.