| Congress expands
supervision (03/12/2003)
The National People's Congress (NPC) should assume more power in
overseeing the work of governmental and judicial bodies, deputies
to the ongoing NPC session said.
But to do so, it needs a clearer system of rules and a specialist
body to assist in the task, said deputies and legal professionals.
"Local people's congresses have initiated some effective supervisory
practices," said Dai Lili, an NPC deputy and vice-chairman
of the People's Congress of Yichang, a city in Central China's Hubei
Province.
Deputies to Yichang People's Congress have gone beyond the drafting
of ordinances and reading of government and court work reports.
They began to grade the work of major local government offices
last year, setting deadlines for poor performers to improve their
operations, according to Dai.
"Such measures are essential to reining in officials and others
who wield power, and we hope they can be written into law,"
she said.
China's Constitution defines the NPC as the country's supreme power,
able to make laws and oversee administrative, judicial and military
bodies. Local congresses have a similar mandate in local governance.
Congress deputies are also entitled to oppose or raise questions
about government and judicial reports.
However, a lack of detailed rules on NPC review functions has weakened
congressional supervision.
"Suppose a work report is vetoed by congress deputies: should
someone resign for this or not? The law does not tell us,"
said Hu Jinguang, a law professor at Renmin University of China.
He said it is imperative to clarify the NPC's role to make it a
more powerful supervisor.
"Citizens cannot sue the government or the court for actions
which are unconstitutional but are not targeted at individual persons,"
Hu said. "Congressional interference is therefore vital to
upholding justice."
But others point out that the NPC may also need a professional
body if it is to expand its supervisory role.
"Under the NPC Standing Committee there are several special
committees handling issues in their respective fields such as finance,
education, and ethnic affairs," said Fan Yi, an NPC deputy
from East China's Zhejiang Province.
"I think now we need a new one to deal with constitutional
affairs and supervision, which are quite professional jobs,"
he said.
China's NPC deputies have shown increasing understanding of their
supervisory powers in recent years as they learnt more about the
legal system.
In early 2001, the People's Congress of Shenyang in the Northeast
province of Liaoning took the unprecedented step of rejecting the
work report of the local court.
NPC Standing Committee Chairman Li Peng, in his report to deputies
on Monday, said the NPC Standing Committee considers supervision
"of equal importance" to legislation.
The NPC Standing Committee began to review a draft code on congressional
supervision last August.
(China Daily)
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