论全国人大作为“四个机关”

On the National People’s Congress as"Four-Attribute Organ"

从党与政权关系的角度而言,全国人大担当政治机关角色。在革命时期和新中国成立初期,党领导人民通过政治机关缔造国家政权;在建设和改革时期,党领导人民通过政治机关执掌国家政权。从人民与政权关系的角度而言,全国人大作为代表机关,整合与表达人民的意志和利益。作为代表机关需要回答:代表何以可能,代表谁,谁来代表,以及怎样代表。在解答上述问题时,全国人大的代表机关属性难以内部逻辑自洽,需要经其政治机关的属性来建构代表制。从决策与执行关系的角度而言,全国人大作为国家权力机关,发挥组织性功能,在权力一元化的基础上展开职权分工。从具体履职的角度而言,全国人大作为工作机关,行使宪法和法律赋予的各项职责。全国人大的四重机构属性之间存在政治逻辑和法治逻辑的紧密互动,并在特定语境下存在内部张力。进一步强化全国人大的四重机构属性,亟需整合政治代表制和法律代表制,适当配置全国人大与其常设机关的职权,积极履行重大事项决定权和监督权,协调工作中的政策问题和法律技术问题。

From the perspective of the relationship between the Communist Party of China(the Party)and the regime,the National People’s Congress(the NPC)plays the role of a political organ.In the revolutionary period and the early period of the founding of the New China,the Party led the people to create state power through the political organ;in the construction and reform periods,the Party led the people to take charge of state power through the political organ.From the perspective of the relationship between the people and the regime,the NPC,as a representative organ,integrates and expresses the will and interests of the people.As for the representative organ,it is necessary to answer the following questions:what makes representation possible,whom to be represented,who to represent,and how to represent.In answering these questions,it hardly enjoys the self-consistence of its internal logic through its attribute as the representative organ,and thus it is necessary to construct the representation system through its attribute as a political organ.From the perspective of the relationship between policymaking and implementation,the NPC,as the state power organ,plays an organizational function by dividing its powers on the basis of unitariness of power.From the perspective of specific fulfillment of responsibilities,the NPC,as a working organ,exercises the duties and responsibilities assigned by the Constitution and laws.There is a close interaction among the four attributes of the NPC as an organ in terms of political logic and rule-of-law logic,and there exists an internal tension in a specific context.To further strengthen the four attributes of the NPC an an organ,it is urgent to integrate the systems of political and legal representation,appropriately allocate the powers and responsibilities of the NPC and its standing organs for them to actively perform the power of deciding and supervising important matters,and reconcile the policy-related matters and legal technical matters during the work.