A motion is what we usually call a representative motion, that is, NPC representatives discuss the methods, measures, opinions and plans to solve a certain problem.
The people's deputies' right to submit bills refers to the people's deputies' right to submit original bills to the people's congresses at the corresponding levels according to law, which fall within the scope of their functions and powers. It is an important task and right of deputies to put forward bills according to law. In essence, the proposal of deputies to the National People's Congress, like the deliberation of the government work report, is not only a process of expressing political views, but also an important yardstick to measure a representative's level of deliberation and participation in politics.
The Constitution, the Local Organization Law and the Representative Law stipulate the right of deputies to the National People's Congress to put forward bills, suggestions, criticisms and opinions.
Article 72 of the Constitution stipulates: "Deputies to the National People's Congress and members of the NPC Standing Committee have the right to propose bills within the functions and powers of the National People's Congress and the NPC Standing Committee respectively in accordance with the procedures prescribed by law." Although the Constitution clearly stipulates the right of NPC deputies to submit bills according to law, it does not stipulate the right of local NPC deputies to submit bills. However, the local organization law makes up for this according to the principles of the constitution.
For example, the second paragraph of Article 18 of the Local Organization Law clearly stipulates: "There are more than ten deputies to the local people's congresses at or above the county level, and more than five deputies to the people's congresses of townships, nationality townships and towns, and they may submit proposals to the people's congresses at the corresponding levels within the scope of their functions and powers." In addition, Article 19 of the Local Organization Law clearly stipulates the circumstances in which deputies to people's congresses at or above the county level put forward suggestions, criticisms and opinions on various aspects of work to the people's congresses at the corresponding levels and their standing committees.
However, Articles 9 and 18 of the Representative Law also clearly stipulate the right of deputies at all levels in the country to submit proposals to the people's congresses at the corresponding levels according to law and put forward suggestions, criticisms and opinions on all aspects of work.
From the above, we can make such an answer: because the law stipulates that deputies to the National People's Congress have the right to propose bills and suggestions in accordance with the procedures prescribed by law, we call the right of deputies to the National People's Congress to propose bills.
The second question: what are the conditions for the formation of the bill?
Generally speaking, there are three conditions for the formation of bills:
1. From the subject of proposing a bill, it is necessary to have the legal qualification to propose a bill or reach the legal number of joint representatives. The legal qualification here means that you must be a deputy to the National People's Congress.
The number of deputies who meet the statutory requirements refers to more than 10 deputies to people's congresses at or above the county level and more than 5 deputies to people's congresses at the township level. You can also submit proposals to the people's congresses at the corresponding levels that fall within their functions and powers.
2, from the content of the bill, the content of the bill must belong to the scope of functions and powers of the people's congress at the corresponding level. It must comply with the provisions of the Law on the Functions and Powers of People's Congresses at All Levels, otherwise it cannot be listed as a bill. Once the motion is considered and passed at the meeting, it has legal effect.
Then, how to understand the sentence that the content of NPC deputies' motion "must belong to the scope of functions and powers of the people's congress at the corresponding level"? According to the information, the scope of NPC deputies' motion mainly includes the following four points:
(1), formulation and revision of local regulations.
(2), listen to and consider the proposals and reports of the people's congress at the corresponding level.
(3) The people's congresses at the corresponding levels discuss and decide on major issues within their respective administrative areas.
(4) Issues of general concern to the people.
Government work should not be put forward in the form of bills, but in the form of suggestions, criticisms and opinions. In practice, because it is difficult to grasp the content of "within the scope of functions and powers of the people's congresses", a considerable number of bills are actually suggestions, criticisms and opinions on various aspects of work at the annual meetings of people's congresses at all levels. Therefore, many motions put forward by deputies to the National People's Congress must be discussed and passed by the presidium, and then converted into suggestions, criticisms and opinions at each meeting. For example, at the fourth meeting of the 14th People's Congress held in Chaoyang District in February this year, representatives jointly put forward 19 bills, but only four of them were listed as bills after being considered by the Bills Committee, and the remaining 15 bills were all converted into suggestions. At the Third Session of the National People's Congress held in my hometown this year, the deputies put forward five bills, which were all turned into suggestions after deliberation by the bills committee.
3. Judging from the time when the motion is put forward, the motion must meet the statutory time requirements. Although Article 21 of the Rules of Procedure of the National People's Congress stipulates that bills can be introduced before the congress is convened, in practice, most bills are introduced during the congress and before the deadline for bills specified by the presidium of the congress. The motion is put forward after the deadline stipulated by the Presidium of the General Assembly, and shall be handled according to suggestions, criticisms and opinions.
The above three conditions are the most basic requirements for action, and they are used to being called hardware in work.
The third question: how to propose and write a motion?
Make a motion.
According to the provisions of the Representative Law, it is an important form for a representative to put forward a bill to perform his functions and powers according to law. When exercising the functions and powers proposed in the motion, the deputies shall do the following:
First, actively participate in representative inspection activities and research activities organized by the Standing Committee of local people's congresses, and pay attention to collecting materials for handling proposals in combination with their own usual investigations. When the delegates' research activities run through the whole term, it is not just for a meeting.
Second, deputies should carefully study relevant laws and documents before writing the bill, understand the relevant laws, regulations, principles and policies of the country, and make their own bills have legal and policy basis, which can be referenced and adopted by the people's congresses at the corresponding levels and their standing committees or "one government, two houses". Because if you don't strengthen your study and absorb new information, you can't write a useful bill. For example, among 19 proposals, 1 proposal was the dominant one among the 4 selected proposals, with1proposal as the cause of action, evidence and general content of the proposal, and 16 representatives jointly signed it.
The writing of bills. (see action table)
Therefore, when writing a motion jointly proposed by a delegation or representative, we should pay attention to the following issues:
1, one case. A bill only puts forward the cause of action, evidence and plan of one topic, so don't put several topics in one bill. So as not to cause difficulties to the deliberation of the NPC motion review Committee.
2. Use special bills issued by the General Assembly.
3, to participate in the joint motion of the representative, to autograph, and fill in the representative card number, postal code and mailing address. Representatives cannot sign the same proposal repeatedly. Who will lead the motion? Please ask the representative who proposed the motion to decide for himself. A motion proposed in the name of a delegation needs to be passed by more than half of the plenary session of the delegation and signed by the person in charge of the delegation.
4. The handwriting should be neat and clear, so as to ensure that the secretariat of the conference can handle it in time according to the procedures. Now that computer printing is popular, it is better to type on it with a computer, or paste it on sports paper after typing.
The fourth question: What are the procedures for handling the motion?
According to the law, during the session of the people's congress, the presidium of the people's congress at the corresponding level shall decide whether to put it on the agenda of the congress, or submit it to the relevant special committee for deliberation, and then decide whether to put it on the agenda of the congress. In practical work, the usual practice is that if the Congress has a special committee, the bill group under the Congress Secretariat is responsible for receiving and classifying bills. After consultation with the special committees, the Secretariat of the Congress shall submit a report on the handling of the bill to the Presidium of the Congress. If the General Assembly does not set up a special committee, the General Assembly shall set up a motion review committee, which shall submit a report on the handling of the motion to the Presidium of the General Assembly through the Secretariat of the General Assembly.
The law stipulates the procedure for dealing with bills. According to the provisions of Article 18 of the Local Organization Law, delegations or representatives jointly put forward proposals within the scope of functions and powers of the people's congresses at the corresponding levels, and the presidium shall decide whether to put them on the agenda of the meetings. The presidium can handle it in the following ways:
First, it was decided to put it on the agenda of the conference; Second, it is not included in the agenda of the conference; There are many cases, because most bills have to be converted into recommendations. Thirdly, it shall be submitted to the relevant special committee for deliberation and put forward opinions on whether it should be included in the agenda of the conference, and then decide whether it should be included in the agenda of the conference. Because there are no professional committees at the county and township levels, the presidium can only make the first two decisions. The specific processing procedure is:
(a) the bill included in the agenda of the General Assembly shall be submitted by the presidium to the delegations for deliberation; The bill included in the agenda of the General Assembly, after deliberation by all delegations, may be deliberated and decided by the presidium and directly submitted to the plenary session of the People's Congress for voting.
(two) the bill not included in the agenda of the meeting of the General Assembly, after deliberation and decision by the Presidium of the General Assembly, can be transformed into suggestions, criticisms and opinions of the representatives, and the the NPC Standing Committee office shall hand it over to the relevant organs and organizations for study and handling.
(3) If there are major issues in the deliberation of a bill on the agenda of the meeting that need further study, the Standing Committee of the people's congress at the corresponding level may be authorized to deliberate and decide on it upon the proposal of the presidium, and it shall be reported to the next session of the people's congress for the record or submitted to the next session of the people's congress for deliberation.
Fifth question: What problems should NPC deputies pay attention to when proposing a motion?
According to the provisions of the representative law, the right to propose is an important function of the representative. What problems should NPC deputies pay attention to when exercising this power?
The contents of the 1. motion fall within the scope of functions and powers of the National People's Congress. The Sixth National People's Congress first used the name Bill, and the Fifth National People's Congress called it Bill. Because a large number of motions put forward by NPC deputies are suggestions, criticisms and opinions on all aspects of work, they are often not matters within the scope of the NPC's functions and powers, but matters that should be handled by the government and other state organs. Therefore, at the Fifth Session of the Fifth National People's Congress on 1982, it was decided to separate the proposals, and the matters within the purview of the National People's Congress were called bills, which were handled by the National People's Congress. Things that belong to all aspects of work, called suggestions, criticisms and opinions, are handed over to relevant organizations and departments for handling. However, in actual work, there are still a lot of suggestions, criticisms and opinions on all aspects of work in the proposals put forward by the delegates. Therefore, how to grasp the contents of the bill and put forward the bill according to law is still a problem worthy of attention.
2. Correctly understand the role of motions and suggestions, criticisms and opinions. The reason why some delegates put forward what should belong to suggestions, criticisms and opinions in the form of bills is often in such a state of mind that things put forward in the form of bills are easy to be taken seriously, while things put forward in the form of suggestions, criticisms and opinions are relatively difficult to be taken seriously. Actually, this is a misunderstanding. The motion is handled by the National People's Congress and will of course be taken seriously. Suggestions, criticisms and opinions are handled by government departments and other organizations and departments and will be taken seriously. Many organizations and departments not only have leaders to personally ask questions, but also have special teams, and have established a contractor system. Especially in recent years, the handling of NPC deputies' suggestions, criticisms and opinions has been greatly improved. More importantly, state power organs and administrative organs have a clear division of labor in dealing with bills and suggestions, criticisms and opinions.
3, should pay attention to the correct exercise of the right to propose. Judging from the past, some NPC deputies don't know much about the nature and function of deputies' motions. They think that no matter what is put forward in the form of a bill, it will be taken seriously and even entrusted by local leaders. At the people's congress, they put forward matters belonging to the government in the form of bills, asking the state for projects and investments, or asking for a special fund. Things that belong to the government like this should not be put forward as bills, but as suggestions. Because if it is put forward in the form of a motion, it will eventually become a proposal, and the proposal must have more than 10 representatives. This process is much more complicated than making suggestions, so it is best to make them in the form of suggestions.
4. Improve the quality of bills. Improving the quality of the bill requires the cooperation of all parties and the attention and efforts of NPC deputies themselves. In order to improve the quality of the proposal, the sponsor should conduct investigation and study, put forward his own opinions and even propose solutions to the problems.