人大罢免政府组成人员的机制问题探究——基于我国既有的宪法秩序

发布时间：2018-10-19 19:54

【摘要】：鉴于为数不多的实例和不甚理想的实效,人民代表大会罢免政府组成人员的机制问题有待探究并作制度实施改进。若将这一刚性监督制度置于我国既有的宪法秩序下进行考量,可以得出如下结论:其一,人大罢免政府组成人员的时机是必不可少的,人大常委会的"免去职务"和"接受辞职"必须被适度限制;其二,罢免的对象在中央和地方存在差别,全国人大有权罢免国务院的任何组成人员,地方各级人大仅有权罢免本级政府的领导人员;其三,罢免的理由是相对宽泛的,不限于政府组成人员违法和涉嫌犯罪,这类人员一旦因过犯而失去人大的政治信任即可能遭到罢免;其四,罢免的程序是高度独立的,不以其他程序作为其必要条件或充分条件,人大在罢免程序中得以充分地裁量和决断;其五,罢免的效果是严格限定的,仅限于政府组成人员的去职,罢免本身既不引发定罪量刑,也不剥夺被罢免者重新担任政府职务的权利。
[Abstract]:In view of the few examples and the unsatisfactory practical results, the mechanism of the people's Congress to remove the government members needs to be explored and the system should be improved. If we put this rigid supervision system under the existing constitutional order in our country, we can draw the following conclusions: first, the timing of the removal of members of the government by the National people's Congress is essential. The "removal" and "acceptance of resignation" of the standing Committee of the National people's Congress (NPC) must be subject to appropriate restrictions; second, there are differences between the central and local governments in the object of removal, and the NPC has the power to remove any member of the State Council. Local people's congresses at all levels only have the power to remove leading members of the government at the corresponding level; third, the grounds for removal are relatively broad and are not limited to members of the government who are illegal or suspected of committing crimes. Such persons may be removed from office once they have lost the political confidence of the people's Congress because they have committed crimes; fourth, the procedure for removal is highly independent and does not take other procedures as a necessary or sufficient condition. The National people's Congress has been given sufficient discretion and determination in the recall procedure. Fifthly, the effect of the recall is strictly limited to the removal of members of the government, and the recall itself does not trigger a conviction or sentence. Nor shall the deposed be deprived of the right to return to government.
【作者单位】：四川大学法学院;
【分类号】：D624

【相似文献】