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Congress 'failing to exert its powers'

Supervision by the legislature less effective than the internet, academic says

According to the constitution, the National People's Congress is the highest organ of state power, yet it has long been widely seen as a rubber stamp.

The legislature has yet to reject a bill tabled by the government, and even though its influence has grown over the years it still gives the impression of a being puppet whose strings are pulled by the Communist Party.

Although political analysts have given up hope of the legislature performing its duties to the full without fundamental political reforms, they are worried that it chooses not to exert its power even when it can.

The Supervision Law, passed in 2006 after almost 20 years of deliberation, gave the NPC the ultimate authority to approve government work reports, the budget and the audit report, check the application of laws and regulations, and hold inquiries into anything it deems necessary.

Many hailed it as an improvement, saying the law lays out a legal framework and clear procedures for the body to exercise its supervisory rights.

But more than a year after it took effect, it has been a disappointment.

'It's like a car designed with 3.5-litre engine yet it runs like a 2.5-litre engine,' said Mao Shoulou, a professor of public policy at Beijing's Renmin University.

Supervision by people's congresses at different levels had even less impact than the internet, Professor Mao added, citing the example of Sun Zhigang, whose brutal death in police custody while awaiting repatriation to his hometown in 2003 caused an uproar on the internet and eventually led to the repeal of the Custody and Repatriation Law.

The Supervision Law has clearly stipulated that the Standing Committee of the people's congress is entitled to form an inquiry panel on any specific issue as long as it meets certain requirements. But no such panel has been set up since the law took effect.

It also says the congress is able to challenge any government office, court or the procurator, yet the 10th NPC has never exercised such rights.

'The most obvious example is the misuse of public funds exposed in the audit report,' said Jiang Jinsong , a political analyst with the Chinese Academy of Social Sciences, a state think-tank.

'For several years we have heard in the report that certain government departments had misused public money repeatedly, but all the NPC said was: 'The State Council should take necessary measures to stop the practice' when the NPC itself is empowered to do so,' Mr Jiang said.

The NPC could have established an inquiry panel, demanded explanations and eventually held heads of government offices responsible for the misconduct, Mr Jiang said.

'The NPC is empowered to do it, yet it chose not to. It's a big problem.'

For Cai Dingjian , a professor from China University of Political Science and Law and a long-time observer of the NPC, the supervision of government spending would be much easier if the NPC did not pass the budget so easily.

'The problems exposed in the audit report stems from a budget that is not transparent and detailed enough nor discussed in a democratic manner,' Professor Cai said.

The budget report is delivered in print form and deputies have little time to review and discuss it. From a practical standpoint, they are unable to change anything.

The deputies were also left the limited choice of either approving or disapproving the entire budget and could not give their opinions on specific items in the budget.

Professor Cai said that, ideally, copies of the budget report should be given early to deputies, who are left with insufficient time for discussion before the report must be approved.

He said a more transparent budget would allow the public to monitor spending of government agencies.

Political analysts were also disappointed that the Supervision Law had effectively become an obstacle to efforts by provincial or municipal people's congresses to seek reforms.

Some low-level people's congresses used to require government agency heads to deliver their work reports in person before the congresses and deputies were allowed to state their opinions or question them.

But by excluding those practices from the Supervision Law, analysts were concerned the law had sent a message that such practices were no longer welcome and government departments could avoid supervision.

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