从“建议辞职制度”看我国人大代表制度的完善

On the Improvement of System of Deputy to the People's Congress: Comments on System of Suggesting Deputy's Resignation

"建议辞职制度"是着眼于解决"官员代表"的身份难题而进行的一项制度探索,从宪政分析的角度看,其出台折射出我国现行人大代表制度中的某些缺陷:兼职代表制造成了代表的身份难题;现行代表资格终止制度存在不足;代表职务的履行缺乏物质保障。但作为一项制度外的补救措施,"建议辞职制度"自身却有诸多缺陷,比如它是对人大代表辞职权的扭曲,侵犯了公民或选举单位的选举权和监督权,与公权力运行规则相违背等。因此,要从根本上解决代表的身份难题,必须建立专职代表制,完善代表资格终止制度,加强代表履行职务的物质保障,从而进一步完善我国人大代表制度。

The system of suggesting deputy＇s resignation is an exploration of system in an attempt to solve the dilemma of the status of ＂official deputy＂. Analyzed from the constitutional perspective, this system demonstrates the defects of the current system of deputy to the people＇s congress： part-time deputy system results in the problem of status; the present system of terminating deputy is imperfect ; and no material guarantee is offered on the implementation of deputy＇s duties. As a remedial measure, the system of suggesting deputy＇s resignation has its own shortcomings in that it violates the power of deputy＇s resignation, the election and supervision power of citizens and electoral units and the rules of public power operation. Therefore, measures should be taken to solve the problem of deputy＇s status such as the formation of full-time deputy system, the improvement of system of terminating deputy, and offering material guarantee.