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D. Development of the people’s congress
The People’s Congresses at local, provincial and national levels are being democratically reconstructed on the foundations of the rule of law. Here are two groups of numbers that shows the motions put forward by deputies in every session from 1979-2001.
TABLE 1. Deputy Motions at Annual NPC Plenary Sessions, 1979-1998 ⑴
⑵
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
⑶
5th,, 2nd
5th,3rd
5th,4th
5th,5th
6th,1st
6th,, 2nd
6th,,3rd
6th,4th
6th,5th
7th,1st
7th,, 2nd
7th,,3rd
7th,4th
7th,5th
8th,1st
8th,, 2nd
8th,,3rd
8th,4th
8th,5th
9th,1st
⑷
1890
2300
2318
2102
61
114
128
265
262
488
411
384
471
472
611
723
732
603
700
830
⑸
2331
2697
2832
3341
3014
3847
3778
3491
3491
1731
1687
1605
1593
1958
1289
Note:
⑴ Source: Renmin Daibiao Dahui Gongzuo Quanshu, Liu Zheng and others ed., ( Zhongguo Fazhi Chubanshe [ The Press of Chinese Legal System, Beijing, China]: 1998), at 1418-1420.
⑵ Year;
⑶ NPC Plenary Session;
⑷ Numbers of legislative motions;
⑸ Numbers of viewpoints, criticisms, suggestions.
TABLE 2. Deputy Motions at Annual NPC Plenary Sessions, 1999-2001 (1)
year
1999
2000
2001
NPC Plenary Session
9th,2nd
9th,3rd
9th,4th
Numbers of legislative motions
759
916
1040
Note:
(1) Source: Quanguo Renmin Daibiao Dahui Changwu Weiyuanhui Gongbao (The Official Report of the Standing Committee of NPC), 2001, 3, p. 266-275; 2000, 2, p. 176-186; 1999, 2, 207-217.
The numbers of legislative motions and the numbers of viewpoints, criticisms, suggestions in Table 1 and Table 2 indicate that deputies of the NPC have been more and more active and that the NPC is a political power that cannot be ignored now. In addition, the deputies can use their votes to remind the government, the courts and the procuratorates of this fact.[39] In February 2001, the People’s Congress of Shenyang City rejected a report of the Middle Court of Shenyang City as it found that many deputies were unsatisfied with the severe corruption of its judges and their neglect of duty. This event also had an impact on the government of that city which worked more carefully to keep their work up to a standard that satisfied the deputies. [40] The president of the court lost his position soon after.[41]
In sum, the rule of law is inextricably linked to society, namely the civil society. In China, the economic development, especially the development of market economy, developments of democratization in rural areas and People’s Congresses are the forces that are pulling society towards a civil society that corresponds to and fosters the rule of law in China.
IV. The development of legal institutions toward the rule of law
-----Realization of the ideal
The legal institution is the foundation and the framework that enables the rule of law to operate. Below are several major aspects of the China’s current development of its legal system, both positive and negative for the rule of law.
A. Legislation Law
The Legislation Law took effect on July 1, 2000. This is a milestone for the establishment of the rule of law in China. The legal system of China is close to the civil law system in terms of statute laws playing important role. However there were many conflicts among the various laws.[42] The Legislation Law regulates the powers of national and local legislatures in enacting and interpreting laws to define the division of those powers clearly and reasonably and to avoid the conflict of laws. The logical result of these provisions is that some restrictions on the legislative arm of government and executive branch conform to the basic requirements of the rule of law. The prescriptions of the Legislation Law are the institutionalized ways to maintain the constitutionality and uniformity of the laws of the country.
B. Enforcement of laws
There ought to be an enforcement system to guarantee the rule of law from abuse. That enforcement system is crucial and varies from country to country. There has been a legal supervision system for more than two thousand years in China. The new enforcement system of law has been built up using this basis.[43] The Standing Committee of the NPC is working on a Supervision Law to provide a comprehensive legal framework for the supervision of laws. Besides the drafting of the Supervision law, other issues concerning the enforcement system are discussed below.
The first thing is Constitution supervision. Constitution supervision is the term that is equivalent to ‘constitution review’ in some countries. The reason why it is necessary to have constitution supervision does not provoke much opposition in China. The main concern is who will oversee the enforcement of the Constitution and resolve constitutional disputes and how to do it in China?[44]
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