What are the similarities and differences between "person in charge" and "person in charge"? Over the years, people have not taken it seriously. Many people confuse it and think it is the same thing. In fact, some laws only have the provisions of "people in charge" and do not have the saying "people in charge", such as the local organization law, the legislation law, and the Standing Committee of the National People's Congress rules of procedure . Some laws only have provisions on "responsible personnel" and do not have the word "responsible person", such as the election law. It is worth noting that "person in charge" and "person in charge" are involved in the Representative Law, the Supervision Law, and the Rules of Procedure of the National People's Congress, and are two different legal terms.
Which persons are included in the "responsible person" and the "responsible person"? The law does not provide a clear definition. It can only be explored based on the provisions of specific legal provisions and legal principles, and combined with practices in practice.
The author believes that regarding the "person in charge", some legal terms should refer to the official position of the agency or unit; some legal terms can refer to the official position or the deputy position. If you simply understand the word "person in charge" and do not combine specific legal provisions, you can usually understand the "person in charge" as a full or deputy position in an agency or unit.
As stipulated in Article 21 of the Local Organization Law: "People's members of the local people's governments at or above the county level and director of the Supervisory Committee, president of the People's Court, procurator general of the People's Procuratorate, and leaders of the people's government at the township level, attend the People's Congress meeting at the same level; other relevant organs and groups at or above the county level may attend the People's Congress meeting at the same level as the decision of the Standing Committee of the People's Congress at the same level." Here, taking the county as an example, it is in line with the original intention of legislation to understand the "person in charge" of the relevant county-level agencies and groups. Since the directors of government working departments (customed to be called government departments) are members of the government and legal attendees of the People's Congress, that is, all bureaus of government departments are attending the main positions, legally speaking, other relevant agencies and groups of governments that are not composed of departments should also attend the main positions. If the position of the other relevant agencies and groups is absent, the deputy position in charge of the work can also be regarded as the heads of the relevant agencies and groups attending the People's Congress at the same level. Of course, in practice, if it is a higher-level agency or unit in the administrative region, its chief or deputy position can attend the People's Congress at the same level as the person in charge.
As Article 13 of the Supervision Law stipulates: "The special work report shall be reported to the Standing Committee of the People's Congress at the same level by the person in charge of the people's government, the people's court or the People's Procuratorate. The people's government may also entrust the heads of relevant departments to report to the Standing Committee of the People's Congress at the same level." Here, the "person in charge" of the "one government and two courts" should be understood as the full position or deputy position, and the "person in charge" of the relevant departments should be understood as the full position. Taking the county as an example, it is possible for the county magistrate and deputy county magistrate to report special work to the county people's congress standing committee . It is also possible for the county government work department to report special work to the people's congress standing committee entrusted by the county government to report special work to the people's congress standing committee, but the deputy government work department to report special work to the county people's congress standing committee is not accepted by the county people's congress standing committee.
As stipulated in Article 34 of the Legislative Law: "When a special committee reviews a legal bill, it shall convene a plenary meeting to review it. According to needs, relevant agencies and organizations may request relevant persons to send relevant responsible persons to explain the situation." Here, the "person in charge" is understood as the official or deputy position of the relevant organs and organizations, which are in line with the original intention of the legislation.
The author believes that regarding "responsible personnel", they should be understood as the official or deputy position of the agency or unit or relevant personnel involved in the relevant work.
As provided by Article 13 of the Representative Law, "When deliberating proposals and reports, representatives may ask questions to the relevant state organs at the same level. The relevant state organs shall send persons in charge or responsible personnel to answer the questions." Article 50 of the Election Law stipulates: "The voting and removal requirements shall be presided over by the Standing Committee of the People's Congress at the county level."Article 34 of the Supervision Law stipulates: "When the Standing Committee of the People's Congress at all levels reviews proposals and relevant reports, the people's government at the same level or relevant departments, people's courts or people's procuratorates shall send relevant responsible personnel to the meeting, listen to opinions, and answer questions." The "responsible persons" mentioned above can be not only the full or deputy position of the agency or unit, but also relevant personnel involved in related work.
To sum up, the "responsible personnel" have a wide range than the "responsible personnel". In addition to referring to the full or deputy positions of the relevant authorities and units, the "responsible personnel" also include other relevant personnel.
Author: Wu Chun (Standal Committee of the People's Congress of Fengyang County, Anhui Province)
Editor: Zhao Jiaxin
Editor: Zheng Libo
Editor: Yao Qiming
Editor: Yao Qiming
