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质询案是指依法具有质询权的各级人大代表或人大常委会组成人员,在地方各级人民代表大会会议或人民代表大会常务委员会会议期间,以法定数量联合对本级国家行政机关、审判机关、检察机关及其所属部门提出质询的议事原案。但令人遗憾的是,由于诸多原因,质询案提出或决定交由受质询机关答复的极少。质询权极少运用的原因质询权在宪法、监督法、组织法和代表法中都有明确的条文,而且法律对质询行为都有程序上的规定,但多年来,质询这一项法定职权并没有得到有效行使。笔者认为有三方面的原因:一是各级人大及其常委会宣传不到位;二是常委会组成人员和代表认识不到位;三是代表履职不到位。
The challenge case refers to the people’s congress deputies or the members of the NPC Standing Committee who have the right of inquiry according to law. During the meetings of the local people’s congresses at various levels or the Standing Committee meetings of the people’s congresses, they shall, jointly with the people’s congresses at their respective levels, Prosecutors and their subordinate departments to raise questions in the original case. However, it is regrettable that due to many reasons, the number of questions raised or decided to be submitted by the questioning organ is extremely rare. The reason why the right of inquiry is rarely used The right of challenge There are clear provisions in the constitution, supervisory law, organizational law and representative law, and the law provides procedural requirements for the act of challenge. However, for many years, this legal authority has been questioned Did not get effective exercise. I think there are three reasons: First, people’s congresses at all levels and its standing committee publicity is not in place; Second, members of the Standing Committee and representatives do not know the place; Third, on behalf of the performance is not in place.