“偏离”与“调适”:增强地方人大履职效能的思考

"Deviation" and "Adjustment":How to Improve the Effectiveness of the Local People's Congress to Perform Function

经过50多年的发展,地方各级人大在制度建设方面取得了一系列显著成就。然而,受法制完备程度和主客观条件的制约,地方人大履职过程中客观上存在一定程度的"偏离"法律的现象。在实践中,地方人大及其常委会的"法定"职权与"实际"职权之间仍然存在很大差距。从经济、政治、文化三维视野下分析地方人大制度运行产生偏离情况的原因,为地方人大在"偏离"与"适度"间寻找合适的权力运行空间,明确重点工作,"有所为有所不为",逐步规范"党委动议、人大决策、政府执行"的权力运行机制,适当改革地方人大的选人用人机制,无疑有助于增强地方人大及其常委会的履职效能。

The Local People＇ s Congress at all levels had a series of remarkable achievements in institutional building ＂after more than 50 years＇ development. However, because of the incomplete legal system and the constraints of objective and subjective conditions, the effectiveness of the Local People＇ s Congress to perform function has been deviated from the law. In practice, there is still a big gap between ＂legal＂ authority and ＂actual＂ authority of the Local People＇ s Congress and Standing Committee. This paper analyzes the reasons for the deviation from the aspects of economy, politics and culture. It＇ s necessary for the Local People＇ s Congress to exercise power between ＂deviation＂ and ＂moderation＂, to make clear major task, ＂to do it should do and not to do it shouldn＇ t do＂, to gradually standardize power mechanism of ＂the Party Committee to propose a motion, the People＇ s Congress to make a decision, and the Government to implement a decision＂, and to reform election and appointment mechanism of officials, which is beneficial to the improvement of effectiveness of the Local People＇ s Congress and Standing Committee to perform function.