Understanding and Reflections on the Problem of the Representatives of the Supervisory Committee to the People's Congress

摘要

The promulgation of the Supervision Law of the People's Republic of China marks a new step in the reform of China's supervision system, but it also brings many new problems. This paper focuses on one of the issues: whether deputies to the NPC can be the object of supervision by the Supervisory Committee. There are two opinions on this issue in academia. Opponents hold that the Supervisory Committee is a state organ created by the National People's Congress to be responsible for the supervision of the National People's Congress. If it is allowed to supervise the deputies to the National People's Congress, it is obviously a violation of the principle of democratic centralism clearly stipulated in the Constitution of China and does not meet the requirements of the principle of self-discipline of the Parliament. Therefore Supporters argue that the supervision of NPC deputies by the Supervisory Committee is in line with the legislative spirit and provisions of the Supervisory Law. Whether the supervision of NPC deputies by the Supervisory Committee will affect the exercise of the functions of the power organs of our country belongs to the limitation of the supervisory power of the Supervisory Committee and should not be included in the discussion of the supervisory objects of the Supervisory Committee. This paper gives a brief introduction to both views, but tends to support the views of the critics.