In the evolution of China's political system and legal system, the people's congress deputies system plays a pivotal role. This system not only reflects the state's respect for the principle of the rule of law, but also highlights the important role of people's congress deputies in political life. Among them, a striking system design is the personal "right to avoid arrest" of people's congress deputies, that is, the special right enjoyed by people's congress deputies not to be directly arrested under certain circumstances. The birth and development of this system not only reflects the state's guarantee of the independence of people's congress deputies, but also embodies the wisdom of the decision-making of state power organs.
As members of organs of state power, people's congress deputies shoulder important responsibilities. They represent the people, participate in the national or local decision-making process, make laws, and supervise the work. In order to ensure that people's congress deputies can perform their duties independently and freely and without being affected by external pressure and threats, China has adopted a series of special institutional arrangements. Among them, the "right to avoid arrest" is an important part of these systems.
In 1954, China established for the first time in the Constitution the personal "right to avoid arrest" of deputies to the National People's Congress. The establishment of this system is aimed at ensuring the personal safety of people's congress deputies in the course of performing their duties. However, over time, the system has undergone many revisions and improvements.
In 1978, after the Third Plenary Session of the 11th Central Committee of the Communist Party of China, the state urgently needed to provide a legal basis for the restoration and reconstruction of state institutions. Against this background, the Local Organic Law of 1979 was amended for the first time. The amendment introduces two key changes: first, deputies to local people's congresses at or above the county level are no longer arrested, tried or detained with the approval of the presidium of the congress, but by the standing committee of the people's congress; Second, the personal "right to avoid arrest" of people's congress deputies at the township level has been abolished. This change reflects the gradual improvement of the state's system of deputies to the people's congress and emphasizes the important role of the NPC Standing Committee in safeguarding the rights of deputies.
In 1992, China passed the Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels, which supplemented and improved the previous system of "right to avoid arrest". The law stipulates that deputies to people's congresses at or above the county level shall obtain the permission of the presidium of the congress at that level or the standing committee of the people's congress if other measures prescribed by law restricting their personal liberty (such as administrative detention, residential surveillance, judicial detention, re-education through labor, etc.) are taken. If a township-level people's congress deputy is arrested, subjected to a criminal trial, or is subjected to other measures prescribed by law restricting his or her personal liberty, the enforcement organ shall immediately report to the township-level people's congress. These regulations further refine the protection of the rights of people's congress deputies, so that deputies can feel more at ease when performing their duties.
Why do you want to give people's congress deputies such a personal "right to avoid arrest"? There are deep political principles behind this. The speeches and votes of people's congress deputies at people's congress sessions are protected by law, and they should not be prosecuted by law for this. This principle ensures that people's congress deputies can express their views openly and honestly, without fear of being punished for their words. It ensures that people's congress deputies are courageous in putting forward bills and ideas, whether socially or politically controversial.
In addition to the above-mentioned political principles, the law also provides other safeguards for people's congress deputies. When people's congress deputies are involved in a criminal case and need to be subject to measures restricting their personal freedom, they must obtain permission from the presidium of the people's congress or the standing committee of the people's congress. This means that public security organs or procuratorial organs cannot arbitrarily arrest people's congress deputies, and must obtain permission from the presidium or standing committee of the people's congress to which the deputies belong. The purpose of this provision is to prevent the politicization of the judiciary and to ensure that deputies to the people's congress can freely perform their duties.
In addition, when a people's congress deputy is detained for an ongoing crime, the public security organ shall immediately report to the presidium or standing committee of the people's congress to which he belongs. This provision ensures that the detention procedures of people's congress deputies are transparent and open, so that people's congresses can keep abreast of the situation of people's congress deputies. This helps to monitor whether the detention measures of the police are based on due process and for legitimate reasons, and to prevent political or abuse of power.
These institutional guarantees are an important part of China's political and legal system, and they jointly safeguard political stability, protect the rights and interests of people's congress deputies, and ensure that they can faithfully represent the interests of the people. At the same time, these systems demonstrate the importance of the principle of the rule of law and provide a solid foundation for the fairness and fairness of the legal process. To a certain extent, these systems help to maintain the balance and stability of the political system and prevent the destruction of the people's representative system.
However, no system can be perfect. The special legal protection for people's congress deputies has also aroused some controversy and reflection. Some fear that granting such "criminal immunity" to NPC deputies could lead them to abuse their privileges and even use their "immunity from arrest" to evade legal prosecution. Therefore, it is necessary to further examine and restrict the personal "right to avoid arrest" of people's congress deputies to ensure that this system is not abused.
In China's system of people's congress deputies, the law gives deputies a certain degree of independence to perform their duties. These legal safeguards are designed to prevent the abuse and politicization of judicial power and underscore the importance of the principle of the rule of law. However, how to find a balance between guaranteeing the independence of representatives and preventing abuse of power remains an issue that deserves in-depth attention. This is not only about the functioning of the political system, the implementation of the principle of the rule of law, but also about the delicate art of the balance of power. We must always be sober and prudent in balancing the interests and considerations of all parties. Only in this way can we ensure that the people's congress deputies system can play a greater role in safeguarding the interests of the people and promoting the development of the country.