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近代代议机关产生以来,代议成员的人身特别保护权一直是代议机关权力的重要组成部分之一。它对于保护代议机关的权威性,树立议会至上的地位具有重要的意义。在我国,各级人民代表大会是我国权力机关,其组成人员——人大代表是经法定程序选举,由人民委托代为直接行使权力的公职人员。为确保人大代表更好地行使人民委托的权力,我国1954年《宪法》就确立了人大代表的人身特别保护权。但是,如何理解人大代表的这种人身特别保护权,更好地适用并不断完善这项制度,在理论和实践中仍存在许多有待探索的问题。
Since the emergence of modern representative bodies, the special protection of personal representatives of representative members has always been one of the important components of the power of representative agencies. It is of great significance to the protection of the authority of the agency and the establishment of the supremacy of parliament. In our country, the people’s congresses at all levels are the organs of power of our country and their constituent members - NPC deputies are elected public officials who have been elected by the people and exercised their power directly upon election by legal procedures. In order to ensure that deputies to the National People’s Congress exercise the power entrusted by the people better, the 1954 Constitution of our country has established the special protection of the deputies of deputies. However, there are still many problems to be explored in theory and practice on how to understand this kind of personal protection right of deputies to people’s congresses, to better apply them and to constantly improve this system.