On the eleventh session of the relevant Chinese railway company personnel

Suspected of violating the relevant provisions of the constitution of the opinion

China's constitution stipulates "members of the Standing Committee of the National People's Congress shall hold office in state administrative, judicial and procuratorial organs." In the days before the first session of twelve NPC3Month14Japan elected the twelve NPC Standing Committee members, we found out the "Sheng Guangzu" name. The National People's Congress is due to insufficient information, we can not determine the "Sheng Guangzu" is the former Minister of Railways Sheng Guangzu. If yes, then the eleventh session of the State Council China railway company's personnel may be suspected of violating the relevant provisions of the constitution.

The twelve session of the National People's Congress Standing Committee, former Minister of Railways Sheng Guangzu3Month14Eleventh the State Council appointed by Chinese railway company legal representative. That is to say, after Sheng Guangzu was elected the twelve session of the National People's Congress Standing Committee, and appointed eleven session of the State Council a. Although the constitution related provisions not to "administrative organs" detailed provisions, but in accordance with the State Council "on the formation of the eleven China railway company relevant issues concerning the" relevant content, China railway company is "state-owned enterprises" management of the central government, its leaders are still made by the State Council or the administrative organ, and closely associated. The legal representative Chinese railway company people although not "administrative organs", but still can be in accordance with the "administrative organs by".

The NPC Standing Committee shall not hold the post of the provisions formulated original intention, is to avoid the administrative organ of supervision power of administrative agencies affected by the personnel of weakening the NPC Standing committee. In other words, even if the administrative organ has not appointed the Standing Committee of the executive, but appointed by the NPC Standing Committee committee member units administrative organs to identify the main leadership, also can have certain influence to the NPC Standing Committee members of Standing Committee of National People's Congress, and then weaken the supervision to the administrative organ. Eleven session of the State Council has been elected the twelve NPC Standing Committee in the knowledge that the Sheng Guangzu case, still appointed him as a state-owned enterprise management office under the State Council, the administrative organs cannot be ruled out by the machine, and weaken the NPC's supervision right through to the NPC Standing Committee in place "own" possible; even if we can eleven session of the State Council that "not necessary" effect of the twelve NPC Standing Committee's supervision, it has entered a "caretaker" state in its own case, release the appointment, also can be thought of as a price.

In accordance with the Constitution stipulates, "the State Council each session tenure of office and the National People's Congress is elected for a term of the same". That is to say, in the twelve session of the National People's Congress has held3Month14Day, eleven the State Council has entered the "caretaker" state, and in3Month17Japan's new prime minister, was named after the disband. During this period, eleven the State Council itself in addition to maintaining day-to-day administrative functions, should not be released a major decision or important appointment.

So, I think, the appointment of eleven State Council Sheng Guangzu, be suspected of violating section Fourth "of the sixty-fifth members of the Standing Committee of the National People's Congress shall hold office in state administrative, judicial and procuratorial organs" and "the first paragraph of article eighty-seventh term as the National People's Congress is elected for a term of the same" provisions. Hope that the twelve session of the NPC Standing Committee and the State Council twelve session can solve the above problems, avoiding "constitutional crisis", and punish the responsible person. At the same time, hope that the twelve session of the Supreme People's court and the Supreme People's Procuratorate of the judicial settlement, established China socialist constitution judicial system, contribute to the construction of socialist democracy and legal system China characteristics.