Embodiment and implement the principle of people's sovereignty in the current constitution of our country in the thinking

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  • / Author: Aaron Lewis
           The principle of the sovereignty of the people in our current constitution
            On the embodiment and Implementation
 
               Zheng Jingpeng
   
    This is the current constitution of our country promulgated 20 years, in honor of the current constitution was promulgated 20 anniversary of the day, to the constitution, we feel warm, inspired.
   The constitution is the fundamental law of our country, is the general regulations safeguard a country, in life of our country politics is the most authoritative and the highest legal effect. It provides the fundamental system of the country, the most important principle of life and the state of the fundamental task, the basic rights and obligations of citizens, the relationship between the provisions of state power, is the root of all organizations and citizens standard of conduct.
    Because the contents of the constitution relating to national life, social life comprehensive, limited by space and power, this paper on the principle of the sovereignty of the people reflected in the current constitution of our country in the slightly discuss, and how to implement the principle of the sovereignty of the people as a few shallow thinking. Improper, hope.
     Embodies the principle of the sovereignty of the people, in the Constitution
    The sovereignty of the people, the people are the masters of the country. The people's sovereignty, embodied in our current constitution, is the detailed provisions of the people's Congress system of this basic political system. The current constitution of a total of 4 chapters 138, which relates to the people's Congress system is the 2 chapter, up to more than 50 of. By learning to read, I think, the people's sovereignty principle embodiment of these regulations, clearly defined mainly the people's sovereignty, the people exercise the power of agency. The main functions of the organs of state power. The relationship between the organs of state power and other authorities. People's Congress security, organs of state power and its members should also accept the supervision of the 6 aspects. View of the after.
     (a) the specific provisions of the people's sovereignty
     Article second of the constitution from the outset, clearly stipulates: "all power in the people's Republic of China belongs to the people." "The people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs." The Constitution stipulate that take, is to be not easily won. Because the constitution of the history is not long, it is the product of modern democratic revolution. In the slave society, slave no personal freedom. In the feudal society, the serfs didn't complete personal freedom - they can't enjoy democratic rights. The end of feudal society, capitalist class by revolution, set up a state of their own, with the Constitution and the legal form of human rights, sovereignty, separation of powers and checks and balances. The parliamentary system, universal suffrage, inviolability of private property and other fixed. After the proletariat seized the state power, also promulgated a constitution to consolidate the fruits of victory, the proletariat democracy institutionalization, legalization. USA victory in the war of independence, in 1787 formulated the constitution, it is the first complete a written constitution. The Soviet victory after the October revolution, Lenin laid out the constitution of the Republic of the Russian Federation in 1918 leadership.
   In our old democracy and the new democratic revolution period, have established different types of constitution.
   After the founding of new China, besides the common programme drawn up temporary effect, different historical stage still, making 4 Constitution: the constitution of 1954, the 1975 constitution, the constitution of 1978, the 1982 constitution that the current constitution. The constitution of 1954 is the first socialist constitution. The 1982 constitution was modified on the basis of the 1954 Constitution, became a China characteristics to adapt to the new needs of the construction of socialist modernization period in the history of the long-term stability of the constitution. In 1988, 1993, 1999, the National People's Congress has passed the 3 amendment, then the current constitution more complete. In the protection and promotion of the constitution, the people enjoy full democracy, managing state in the protection and promotion of the constitution, the people enjoy full democracy, managing state affairs, economic and cultural undertakings, social affairs. China's political, economic and social aspects have been developing smoothly. We should cherish this hard-earned victory, and strive to build China into a prosperous, democratic, civilized modern country.  
   Two people to exercise the power of agency
   Article second of the Constitution stipulates: "the National People's Congress and the local people's Congress is the highest organ of state power." This provision is divided into 2 levels, one is the National People's Congress, two are local people's congresses at various levels. On the National People's Congress, article fifty-seventh of the Constitution stipulates: "the National People's Congress of the people's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's congress." The local people's congresses, article fifty-sixth of the Constitution stipulates: "the local people's congresses at various levels are the local organs of state power, at or above the county level shall be established by local people's congresses standing committee."
   So, the people exercise power organs and how is the composition and generation? The Constitution stipulates that the third, the National People's Congress and local people's congresses at all levels are formed through democratic election. Article fifty-ninth of the Constitution stipulates: "the National People's Congress is composed of deputies elected from the province, municipality directly under the central government and autonomous regions, the army." The Constitution stipulates that the sixty-fourth members of the election, the National People's Congress Standing Committee of National People's Congress. Article ninety-seventh of the Constitution stipulates: "the provinces, municipalities directly under the central government, districts of the city by the people's congresses at the next level people's Congress election; the county, city not divided into districts, municipal districts, townships, nationality townships, the town people's Congress representatives directly elected by the voters."
     These Provisions are very clear, the people exercise power organ is the Congress and its standing committee. This is because, in the current constitution in our country, has been fully reflected the people's sovereignty principle, all the power of the state should belong to all the people. But all the people do not have to directly participate in power and the management of state, so the enfranchised citizens by the National People's Congress election of people's deputies, composed of representatives of people's Congress, members of the Congress elected by the provisions of the Constitution shall be elected a deputy to the National People's Congress or the Standing Committee of National People's Congress, on a level the National People's Congress or the standing organ. These organs, and on behalf of the people exercise their functions and powers.
    The main functions of the three organs of state power
    The National People's Congress and its Standing Committee is the organ of state power. What are the main functions of these organs? According to the statistics, the provisions of the constitution of the NPC has 5 functions), the Standing Committee of the NPC have 2L authority, the local people's congresses at or above the county level have 15 functions, at or above the county level people's Congress Standing Committee has 14 functions, township, Township People's Congress has 13 functions. If these powers you sort, there is legislation. 4 aspects to make decisions on major issues, personnel appointment and removal of the four election, supervision right, it is often said that the "".
    In the aspect of legislation, the National People's Congress is responsible for the formulation and revision of the constitution, to enact and amend basic laws; the National People's Congress Standing Committee responsible for the formulation and revision of non basic law, partial supplements and amendments to the basic law, interpretation of the Constitution and the law; people's Congress and its Standing Committee of province, autonomous region, municipality directly under the central government and the provincial, autonomous region where the Municipal People's government and the approval of the State Council, shall be responsible for formulating the larger local regulations, autonomous region. Autonomous Prefecture, Autonomous County People's Congress is responsible for formulating the autonomous regulations and separate regulations.
    To decide on the major issues, the National People's Congress for approval of the provincial administrative area system, the establishment and the system determines the Special Administrative Region; Standing Committee of National People's Congress is responsible for the determination of treaties and important agreements concluded with foreign and abrogation, specified rank system, decided to pardon, deciding to impose national mobilization or the individual area, decide the state of war the local people's congresses at all levels are responsible for the decisions announced; the administrative areas of political, economic, educational, scientific, cultural, health, civil affairs, the national work on important matters, the decision to grant local honorary titles.
    In electing personnel appointment and supervision, the main functions of the constitution to the NPC and its Standing Committee and the local people's Congress and its Standing Committee have been clearly defined, the relation between the organs of state power and other organs also talked about, this is no longer listed.
   In view of this, the constitution of the people's Congress and its Standing Committee to perform the functions of power is very big. This also from another aspect reflects the people's sovereignty principle.
    Relations between the four organs of state power and other organs
   Article third of the Constitution stipulates: "the state administrative organs, judicial organs, procuratorial organs by the people's Congress, responsible to it, subject to its supervision."  
    The first is to produce. People have the state administrative organs, judicial organs, procuratorial organs, also is the people's Congress and its Standing Committee exercise the voting power of appointment and removal of personnel. In the provisions of the constitution, the National People's Congress election, decided to appoint including President, vice chairman of the NPC Standing Committee, the State Council, the Central Military Commission, members, President of the Supreme People's court, the procurator general of the Supreme People's Procuratorate long; the National People's Congress Standing Committee decided to appointed personnel including the State Council, the Central Military Commission, Supreme People's court, other personnel in addition to the people's congresses elected by the staff of the Supreme People's Procuratorate and plenipotentiary representatives abroad; local people's congresses at all levels are responsible for the election of the members of the NPC Standing Committee, people's government leaders, the president of the people's court. The people's Procuratorate, a deputy to the National People's Congress Standing Committees of local people's congresses at various levels shall be responsible for the appointment; people's governments at the corresponding levels of individual deputy leader, decided to appoint people's government, the people's court, the people's Procuratorate in addition to people's congresses elected officers and other personnel.
    The second is responsible for. The National People's Congress is the organ of state power on behalf of the people exercise state power, administrative organs, judicial organs, procuratorial organs produced by the National People's Congress, of course, to the National People's Congress is responsible for. To the National People's Congress is responsible, accountable to the people. The people are the masters of the country, is also required.
    Again is the supervision. The state administrative organs, judicial organs, procuratorial organs produced by the National People's Congress, which is responsible for the supervision, it would behoove. In the aspect of supervision, the implementation of the National People's Congress shall be responsible for the supervision of constitution, change, cancellation decision of the National People's Congress Standing Committee is not appropriate, heard and deliberated the State Council, the Supreme People's court, the Supreme People's Procuratorate work report, review and approval of the national plan, the central budget and the report on the implementation of the recall election or decision, by the national office working personnel appointed; the NPC Standing Committee is responsible for the review and approval of national plan, the budget of the central government in the implementation process for the partial adjustment, the approval of the central budget, revocation of administrative regulations and local regulations contravene the Constitution and the laws, the supervision of the State Council, the Central Military Commission, the Supreme People's court, the Supreme People's Procuratorate work, recall by the decision of the State functionaries appointed: compliance and enforcement of local people's congresses at all levels are responsible for ensuring that the constitution, laws, administrative regulations and the people and its Standing Committee resolution, revoke the people's government at the same level of inappropriate decisions, decisions and orders, the examination and approval of local plans, budget and the report on the implementation of the supervision of the people's government at the corresponding level, and the Department, the people's court, the people's Procuratorate As, recall by the elected or appointed government functionaries.
    From the above provisions can be seen, the NPC and its Standing Committee and the local people's Congress and its Standing Committee is in the core position in our political system. In a certain sense, also is the people in our political system is the core of.
    The five people's Congress guarantee
   NPC deputies are members of organs of state power, represent the interests and will of the people, in accordance with the functions and powers granted by the Constitution and laws, to participate in the exercise of state power, National People's Congress in the position is very important. To fulfill this important position, must have legal protection. Therefore, article seventy-fourth of the Constitution stipulates: "the deputies to the National People's Congress, license without the chairman of the National People's Congress is not in session, meeting group, permitted by the Standing Committee of the National People's Congress of the National People's Congress, shall not be liable to arrest or criminal trial." Article seventy-fifth stipulates: "the deputies to the National People's Congress various meetings and voting, will not be investigated by law." These two provisions, in the relevant law, the local people's congresses representing security also have the corresponding provisions.
    The two guarantee is the judicial guarantee. The preceding article is representative of the National People's Congress of the personal security, people's Congress non licensed by the same level people's Congress, not be arrested or detained, and its purpose in the confirmation of the legal status of members of the authority of the protection of personal freedom, representative, the representative to fulfil its mandate better, to prevent the emergence of due to be held the deviation caused by the improper, serious damage represents the identity of the. After the provision was representative of the National People's congress speech exemption, represented in the NPC and its Standing Committee, on behalf of the vote, not to be investigated by law, is conducive to the protection of representative speak one's mind freely, the full expression of the true will of the people.
    In addition to judicial protection, in the relevant laws, but also on material convenience and job security deputies to perform their duties to carry out the provisions of. Mainly in 3 aspects: one is the material guarantee, guarantee two time, three is the economic guarantee. Because it is not specified in the constitution, so here is not detailed.
    The six organs of state power and its members should also accept the supervision
   The previous, organs of state power at an important position in the national political system, members of organs of state power plays an important role in the political life of the country. Then, they asked who is responsible? When they did not play an important role in the important position of, who go to supervise them?
    The Constitution stipulates that the third, the National People's Congress and local people's congresses at all levels are responsible to the people, subject to the supervision of the people. Article sixty-fifth stipulates: "the members of the National People's Congress election and deputies to the National People's Congress Standing committee." Sixty-ninth: "the provisions of the Standing Committee of the National People's Congress responsible and report on its work to the National People's congress." Article seventy-seventh stipulates: "the deputies to the National People's Congress are subject to supervision by the units which elected. On behalf of the electoral units have the right in accordance with the law procedures prescribed the unit selected." Article 102nd stipulates: "the provinces, municipalities directly under the central government, the Municipal People's Congress districts represent the supervision by the units which elected; the county, city not divided into districts, municipal people's Congress, township, nationality township jurisdiction, Zhen represent the supervision by the constituency. The electoral units and voters to local people's congresses at various levels shall have the right in accordance with legal procedures prescribed by their elected representatives." The provisions of article 103rd, a local people's Congress at or above the county level are responsible and report on its work to the people's congresses at the corresponding levels. The local people's Congress at or above the county level have the right to recall election and the Standing Committee of the people's congresses of members.
    These Provisions, get to the root of the problem, state power organs to exercise the functions and powers on behalf of the people and its members should be responsible to the people, to accept the people's supervision.
    The people's sovereignty principle embodied in the constitution, that is, associated with each other closely. To achieve the purpose, is "the sovereignty of the people," all power belongs to the people.
    When people take leadership, and about the grass-roots mass self-government system and other aspects of the provision in the constitution, an organization of the residents' committee, villagers' committee is the socialist democracy. But they are autonomous organizations of the masses of the people, different from the form of organization of state power, so we do not discuss.
    As for the provisions about the system of regional ethnic autonomy in terms of the constitution, but also fully embodies the principle of the minority be in power, but the overall framework within the system of people's Congress of the fundamental political system, so this paper will not discuss.
    The Chinese people's Political Consultative Conference is one of the main channels to carry forward the democracy, its function is the political consultation, democratic supervision, and the National People's Congress is different, so we do not discuss.
   On the two, the implementation of the principle of people's sovereignty
   Embodies the principle of people's sovereignty in our current constitution, is to the people's Congress system made detailed provisions. In front of the description of these regulations make a careful and detailed analysis from 6 aspects, so as to enable us to human nature. Have a more clear understanding of the status, role. How to implement the principles of people's sovereignty in the constitution embodies? Think I have a few superficial.
    (a) studying and propagandizing the constitution, set up the citizen's consciousness  
   The provisions of the constitution of the people's Congress system not only in detail, but also very clear, so we must foster the citizen's consciousness. People's consciousness, in a certain sense, is the people's consciousness, is the people's sovereignty consciousness. To establish the people's consciousness, it is necessary to conduct in-depth study, propaganda constitution.
   The promulgation and implementation of the 20 anniversary of the current constitution, it should be said that the regulations have is make known to every family. But as long as some investigation, the results are not necessarily ideal. Is some basic principles, that the person is not very many, not to mention the specific requirements for the system of the National People's Congress. In view of this situation, we present and future for a long period of time, should thoroughly study and publicize the constitution. Studying and propagandizing the constitution, can thoroughly study and publicize the National People's Congress system. The constitutional propaganda well, citizens of the Constitution with the constitution, function and position, recognize, and consciously abide by the provisions of the constitution, the constitutional consciousness will set up. Set up the consciousness of constitution, citizens of the people's Congress system of knowledge will be more familiar with, understanding of the status of people's Congress, the role of will also increase, and obligations fully constitutional voter rights and must fulfill, people's consciousness also will follow up. So, we should thoroughly study and publicize the constitution, in order to improve the citizen's awareness.
    Two, improve supporting measures, to ensure the exercise of powers of the National People's Congress
    Marx once said, "the constitution is the legal". Because the constitution related to national life and social life of a comprehensive, in addition to some of the provisions are too clear, will not be all set very specific. In order to make the provisions of the constitution into effect, it is necessary to improve the supporting measures.
   Our current and future time should mainly improve supporting measures from two aspects. One is to establish the necessary legal. For example, the NPC and its Standing Committee exercise the "four rights", although the constitution has specific provisions, but the real easy operation, should also formulate specific laws corresponding. Especially for the unconstitutional act how to deal with, not specified in the constitution, the corresponding legal provisions to make operational. The legislation law, supervision law is brewing in the election, appointment and removal of personnel and deciding on major issues and only some local regulations. The law, we should conscientiously implement the brewing: Law, should strive for as soon as possible; local regulations on the existing, should be further improved, when the conditions are ripe, rise to the law. Two is to perfect the necessary institutions and responsibilities necessary. The unconstitutional act, who to supervision? Many experts suggest, in the National People's Congress Standing Committee set up a constitutional committee, I am in favor of. So, to the establishment of limited local NPC Standing Committee? I think it should be the task to the NPC Standing Committee responsible for legal affairs of the body to a thousand. Do institutions to manage, someone to do. Of course, held unconstitutional act must also include the unconstitutional investigation hinder people to exercise "four rights", through investigating unconstitutional act to ensure the exercise of powers of the National People's congress.
    Three grasp the oneself construction, improve the overall quality of the team
    Team quality, decided to the quality of the work. To do a good job in the work of the NPC, the NPC must grasp the self construction, improve the overall quality of the team. The work of the NPC team, more can be divided into four levels, one is the component members of the Standing Committee, two members of Congress, three is, four is personnel. The four levels of team, for the performance of duties, the quality requirements are not the same. There are some common conditions must be made, need that is the ideological quality, professional quality, physical quality aspects to adapt to the work of the npc. To meet these requirements, first of all to the good import. In the work of the NPC team, but also through a variety of ways to strengthen the training. To give people's Congress workers to the mission, responsibility, through training and test work. To establish and perfect the mechanism of survival of the fittest, improve the overall quality of the contingent of.
   Four to strengthen the leadership of the party, earnestly do a good job in the work of the NPC
    The party is the core of leadership of the people throughout the country. To strengthen the leadership of the party, plays an important role in doing the work of the npc. To do the work of the NPC is ready to be in power, people's work. With the tenet of the party is completely consistent. According to the requirements of the "Three Represents", earnestly do a good job in the work of the npc.
    The leadership of the party embodied in the Constitution and the system of the National People's Congress, there are three levels. First, the Party led the people to formulate the constitution, the establishment of the people's Congress system; second, the Party led the people to abide by the constitution, adhere to the people's Congress system; third, Party organizations at all levels in the constitution, the National People's Congress exercise support functions. The three level, the last to do so, the future will continue to do so. Only by strengthening the leadership of the party, will earnestly do a good job in the work of the NPC, to ensure the people's sovereignty principle embodied in the constitution of the implementation.
    Leaders, comrades,The above analysis the author briefly the principle of the sovereignty of the people reflected in current constitution of China, and to implement the views on the people's sovereignty as inappropriate, can hardly be avoided, look generous with your criticism, a lot of criticism.
 
                  November 26, 2002 in Chongqing City, Chungju City
              This communication in the system of the National People's Congress of Chongqing City Conference and Awards
 
               Author through: (404300) Chongqing city Zhongxian Political Consultative Conference