我国县乡（镇）人大代表罢免制度研究

发布时间：2018-03-27 19:06

本文选题：人大代表　切入点：直接选举　出处：《中南财经政法大学》2017年硕士论文

【摘要】：人民代表大会制度是具有中国特色的政治制度,通过选举产生人大代表组成我国国家权力机关。根据直接选举和间接选举的划分,县乡(镇)两级采用直接选举。与此相应的是县乡(镇)人大代表的罢免是由选民直接提出并表决。但从近年来的实践来看,在为数不多的直选代表罢免事例中,鲜有能依照法律规定的罢免程序,无争议的实现对代表的罢免。通过分析相关事例不难发现我国县乡(镇)人大代表罢免制度存在诸多问题。一方面是法律规定过于简洁,如规定了罢免需写明理由,却缺乏对罢免理由的界定,导致实践中罢免理由各异,判定标准摇摆不定。对于罢免提起门槛过高,限制较多,使得罢免启动困难。同时,未明确罢免程序时限安排,罢免程序启动时间长短不一,致使选民或被罢免代表程序利益受损。这种法律规定上的缺失,使得罢免各方无法可依,人大常委会的职权不明,无所适从。选民罢免难提,权利无保障,积极性受损。另一方面,罢免制度的运行也受制于客观现实障碍,选民的权利意识和监督观念有待进一步提高,罢免在一定程度上成为选民和代表利益博弈的工具。现实中,罢免制度也渐渐边缘化,“建议辞职”、“开除”等罢免权异化形式大行其道,大有替代选民罢免权之势。究其原因,一方面是由于社会主义法律制度尚在完善之中,在罢免及其相关法律中存在较多的不足和空白,程序不健全导致现实操作较为混乱,保障制度和监督制度的缺失也进一步加剧了现实困境。另一方面,由于缺乏充分民主性,科学性的选举导致代表的代表性不足。官本位的思维模式和工作方法,组织资源的强势地位,致使代表与选民的关系疏远,选民的政治热情不足,参与程度低,也使得罢免制度在艰难中维持。这两个方面是完善我国县乡人大代表罢免制度的重点。通过归纳总结我国县乡(镇)人大代表罢免的事例,整合分析罢免相关法律法规,挖掘罢免法律制度本身的缺陷,因此对于县乡(镇)人大代表罢免制度的完善,需要从以下几个方面进行:法律上的完善,补全法律缺失;通过制度增强选民的参与积极性,修复代表和选民关系;从监督的角度拓宽监督模式,建立罢免诉讼制度或专门监督机关。为县乡(镇)人大代表罢免实践提供一种参考,推进其制度化、规范化运行。
[Abstract]:The people's Congress system is a political system with Chinese characteristics. Deputies to the National people's Congress are elected to form the organs of state power in our country. According to the division between direct and indirect elections, Direct elections are adopted at the county (township) level. Accordingly, the recall of the deputies to the people's Congress of the county (township) is directly proposed and voted by the voters. However, judging from the practice in recent years, in the few cases where directly elected deputies were removed, There are few recall procedures in accordance with the law and the removal of deputies without dispute. It is not difficult to find through the analysis of relevant examples that there are many problems in the recall system of deputies to the people's congresses in counties, townships and towns in China. On the one hand, the legal provisions are too concise. If it is stipulated that the reasons for recall must be stated, but the reasons for recall are not defined, which leads to different reasons for recall in practice, the standard of decision is uncertain. The threshold for recall is too high and there are more restrictions, which makes it difficult for the recall to start. At the same time, If the duration of the recall procedure is not specified, the duration of the recall procedure will be different, which will cause damage to the interests of the voters or the representatives of the recall process. This lack of legal provisions makes it impossible for all parties to the recall to abide by the terms of reference, and the functions and powers of the standing Committee of the National people's Congress are not clear. On the other hand, the operation of the recall system is also restricted by the obstacles of objective reality, and the consciousness of the voters' rights and the concept of supervision need to be further improved. To a certain extent, recall has become a tool for playing games between voters and their representatives. In reality, the recall system has gradually become marginalized. The dissimilation forms of recall power, such as "proposing to resign" and "expelling", have become popular, and there is a tendency to replace the right of recall of voters. On the one hand, because the socialist legal system is still in the process of being perfected, there are more deficiencies and gaps in the recall and related laws, and imperfect procedures lead to more confusion in the actual operation. On the other hand, due to the lack of full democracy and scientific election, the representative of the representative is not enough, and the official standard thinking mode and working methods are also aggravated by the lack of the guarantee system and the supervision system. The strong position of organizational resources leads to the alienation of the relationship between the representative and the voters, the lack of political enthusiasm of the voters, and the low degree of participation. These two aspects are the focus of perfecting the recall system of deputies to the people's Congress of counties and townships in our country. By summing up the cases of recall of deputies to the people's Congress of counties and townships in China, we can integrate and analyze the relevant laws and regulations on the recall. Excavating the defects of the recall legal system itself, therefore, the perfection of the recall system for deputies to the people's Congress of counties and townships needs to be carried out from the following aspects: perfecting the law to make up for the lack of the law; and increasing the participation enthusiasm of voters through the system. To repair the relationship between deputies and voters, to broaden the supervision mode from the angle of supervision, to establish a system of recall litigation or special supervisory organs, to provide a reference for the practice of the recall of deputies to the people's congresses in counties, townships and townships, to promote its institutionalization and standardized operation.
【学位授予单位】：中南财经政法大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D624

【参考文献】