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I.
The nature and position of the system of people??s congress
The system of people??s congress is an organizational
form for the state power in China. It is China??s fundamental
political system.
The power in the People??s Republic of China belongs
to the people and the organ for the people to exercise
state power is the National People??s Congress and local
people??s congresses at all levels.
The National People??s Congress (NPC) and local people??s
congresses are established through democratic elections,
responsible to and supervised by the people.
State administrative, judicial and procuratorial organs
are created by, responsible to and supervised by the
people??s congresses.
The National People??s Congress is the highest organ
of state power. Local people??s congresses are local
organs of state power.
II. The National People??s Congress
1. The composition and term of office of the NPC
The NPC is composed of deputies
elected from the provinces, autonomous regions and municipalities
directly under the Central Government and deputies elected
by the armed forces.
Deputies to the NPC are organized into delegations according
to the units they are elected from. Each delegation
is headed y a chairman and vice chairmen.
All the ethnic minorities are entitled to appropriate
representation.
The NPC is elected for a term of five years.
The Standing Committee of the NPC must ensure the completion
of election of deputies to the succeeding NPC two months
prior to the expiration of the term of office of the
current NPC. Should extraordinary circumstances prevent
such an election, it may be postponed and the term of
office of the current NPC extended by the decision of
a vote of more than two-thirds of all those on the Standing
Committee of the current NPC. The election of deputies
to the succeeding NPC must be completed within one year
after the termination of such extraordinary circumstances.
The NPC meets in session once a year and is convened
by its Standing Committee.
A session of the NPC may be convened at any time the
Standing Committee deems it necessary or when more than
one-fifth of the deputies to the NPC so propose.
2. The functions and powers of the NPC
The NPC exercises the following
functions and powers:
(1) to amend the Constitution;
The amendment of the Constitution
shall be proposed by the Standing Committee of the NPC
or more than one-fifth of the deputies to the NPC and
can only be adopted by a majority of no less than two-thirds
of the deputies to the NPC.
(2) to supervise the enforcement of the Constitution;
(3) to enact and amend basic laws governing criminal
offences, civil affairs, the state organs and other
matters;
(4) to elect the President and the Vice President of
the People??s Republic of China;
(5) to decided on the choice of the Premier of the State
Council upon nomination by the President, and on the
choice of the Vice Premiers, State Councilors, Ministers
in charge of ministries or commissions, the Auditor-General
and the Secretary-general of the State Council upon
nomination by the Premier;
(6) to elect the Chairman of the Central Military commission
and, upon nomination by the Chairman, to decide on the
choice of all other members of the Central Military
Commission;
(7) to elect the President of the Supreme People??s Court;
(8) to elect the Procurator-General of the Supreme People??s
Procuratorate;
(9) to examine and approve the plan for national economic
and social development and the report on its implementation;
(10) to examine and approve the state budget and the
report on its implementation;
(11) to alter or annul inappropriate decisions of the
Standing Committee of the NPC;
(12) to approve the establishment of provinces, autonomous
regions, and municipalities directly under the Central
Government;
(13) to decide on the establishment of special administrative
regions and the systems to be instituted there;
(14) to decide on questions of war and peace; and
(15) to exercise such other functions and powers as
the highest organ of state power should exercise.
(16) The NPC has the right to remove the following functionaries:
1) The Chairman and Vice Chairman of the People??s Republic
of China;
2) The Premier of the State Council, the Vice Premiers,
State Councilors, Ministers in charge of the ministries
or commissions, the Auditor-General and the Secretary-general
of the State Council;
3) The Chairman, Vice Chairman and other members of
the Central Military Commission;
4) The President of the Supreme People??s Court; and
5) The Procurator-General of the Supreme People??s Procuratorate.
III. The Standing Committee of the NPC
The Standing Committee of the NPC is the permanent organ
of the NPC. When the NPC is not in session, the Standing
Committee performs the right of the highest organ of
state power. It is responsible to and reports to the
NPC.
1. The composition and term of office of the Standing
Committee of the NPC
The Standing Committee of the
NPC is composed of the Chairman, Vice Chairmen, Secretary-general
and members.
Ethnic minorities are entitled to appropriate representation
on the Standing Committee.
The NPC elects and has the power to recall members of
the Standing Committee.
Those on the Standing Committee shall not serve in state
administrative, judicial and procuratorial organs.
The term of office of the Standing Committee corresponds
with that of the NPC and it shall exercise its power
until a succeeding Standing Committee is elected by
the succeeding NPC.
The Chairman and Vice Chairmen of the NPC shall not
serve more than two consecutive terms.
2. The functions and powers of the Standing Committee
The Standing Committee of NPC
exercises the following functions and powers:
(1) to interpret the Constitution
and supervise its enforcement;
(2) to enact and amend laws, with the exception of those
which should be enacted by the NPC;
(3) to partially supplement and amend, when the NPC
is not in session, laws enacted by the NPC provided
that the basic principles of these laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the NPC is not in session,
partial adjustments to the plan for national economic
and social development or to the state budget that prove
necessary in the course of their implementation;
(6) to supervise the work of the State Council, the
Central Military Commission, the Supreme People??s Court
and the Supreme People??s Procuratorate;
(7) to annul those administrative rules and regulations,
decisions or orders of the State Council that contravene
the Constitution or the law;
(8) to annul those local regulations or decisions of
the organs of state power of provinces, autonomous regions,
and municipalities directly under the Central Government
that contravene the Constitution, the law or the administrative
rules and regulations;
(9) to decide, when the NPC is not in session, on the
choice of Ministers in charge of ministries or commissions,
the Auditor-General or the Secretary-general of the
State Council upon nomination by the Premier of the
State Council;
(10) to decide, upon nomination by the Chairman of the
Central Military Commission, on the choice of other
members of the Commission, when the NPC is not in session;
(11) to appoint or remove, at the recommendation of
the President of the Supreme People??s Court, the Vice
Presidents and Judges of the Supreme People??s Court,
members of its Judicial Committee and the President
of the Military Court;
(12) to appoint or remove, at the recommendation of
the Procurator-General of the Supreme People??s Procuratorate,
the Deputy Procurators-General and the procurators of
the Supreme People??s Procuratorate, members of its Procuratorial
Committee and the Chief Procurator of the military procuratorate,
and to approve the appointment or removal of the chief
procurators of the people??s procuratorates of provinces,
autonomous regions, and municipalities directly under
the Central Government;
(13) to decide on the appointment or recall of plenipotentiary
representatives abroad;
(14) to decide on the ratification or abrogation of
treaties and important agreements concluded with foreign
states;
(15) to institute systems of titles and ranks for military
and diplomatic personnel and of other specific titles
and ranks;
(16) to institute state medals and titles or honor and
decide on their conferment;
(17) to decide on the granting of special pardons;
(18) to decide, when the NPC is not in session, on the
proclamation of a state of war in the event of an armed
attack on the country or in fulfillment of international
treaty obligations concerning common defense against
aggression;
(19) to decide on general mobilization or partial mobilization;
(20) to decide on the imposition of martial law throughout
the country or in particular provinces, autonomous regions,
or municipalities directly under the Central Government;
and
(21) to exercise such other functions and powers as
the NPC may assign to it.
3. Organs of the Standing Committee
The Chairman of the Standing
Committee of the NPC directs the work of the Standing
Committee and convenes its meetings. The Vice Chairmen
and the Secretary-general assist the Chairman in his
work.
The Chairman, Vice Chairmen and Secretary-general constitute
the Council of Chairmen which handles the important
day-to-day work of the Standing Committee of the NPC.
The Standing Committee of the NPC establishes a deputy
credentials examination committee to examine the credentials
of the deputies to the current NPC through by-elections
and those newly elected to the succeeding NPC.
The credentials examination committee is composed of
the chairman, vice chairman and members, nominated from
among the members of the Standing Committee by the Council
of Chairmen and agreed upon by the plenary session of
the Standing Committee.
The NPC establishes special committees to examine, discuss
and draw up relevant bills and draft solutions under
the direction of the NPC and its Standing Committee.
When the NPC is not in session, its special committees
work under the direction of the Standing Committee of
the NPC.
The 9th NPC has established nine special committees,
namely the ethnic groups committee, the law committee,
the finance and economic committee, the education, science,
culture and health committee, the foreign affairs committee,
the overseas Chinese committee, the civil and judicial
affairs committee, the environment and resources protection
committee and the agriculture and rural areas committee.
Normally, the special committees are chaired by Vice
Chairmen or members of the Standing Committee of the
NPC.
The NPC and its Standing Committee may, when they deem
it necessary, appoint committees of inquiry into specific
questions and adopt relevant resolutions in the light
of their reports.
IV. Local people??s congresses and their standing committees
People??s congresses are established in provinces, autonomous
regions, municipalities directly under the Central Government,
autonomous prefectures, counties, autonomous counties,
cities, municipal districts, townships, ethnic townships
and towns. Standing committees are established at people??s
congresses at and above the county level.
1. The term of office of local people??s congresses
The term of office of people??s
congresses of provinces, autonomous regions and municipalities
directly under the Central Government and cities divided
into districts is five years.
The term of office of the people??s congresses of counties,
autonomous counties, cities not divided into districts,
municipal districts, townships, ethnic townships, and
towns is three years.
2. The functions and powers of local people??s congresses
Local people??s congresses at
various levels ensure the observance and implementation
of the Constitution and the law and the administrative
rules and regulations in their respective administrative
areas. Within the limits of their authority as prescribed
by law, they adopt and issue resolutions and examine
and decide on plans for local economic and cultural
development and for the development of public services.
Local people??s congresses at and above the county level
shall examine and approve the plans for economic and
social development and the budgets of their respective
administrative areas and examine and approve the reports
on their implementation. They have the power to alter
or annul inappropriate decisions of their own standing
committees.
The people??s congresses of provinces, autonomous regions,
municipalities directly under the Central Government,
of cities which are capitals of the provinces or autonomous
regions as well as large cities approved by the State
Council have the right to adopt local regulations in
the light of their regional political, economic and
cultural characteristics.
Local people??s congresses at their respective levels
elect and have the power to recall governors and deputy
governors, or mayors and deputy mayors, or heads and
deputy heads of counties, districts, townships and towns.
Local people??s congresses at and above the county level
elect and have the power to recall presidents of people??s
courts and chief procurators of people??s procuratorates
at the corresponding level.
The election or recall of chief procurators of people??s
procuratorates shall be reported to the chief procurators
of the people??s procucratorates at the next higher level
for submission to the standing committees of the people??s
congresses at the corresponding level for approval.
3. The composition, functions and powers of the standing
committees of local people??s congresses
The standing committee of a
local people??s congress at and above the county level
is composed of a chairman, vice chairmen and members,
and is responsible and reports on its work to the people??s
congress at the corresponding level.
A local people??s congress at or above the county level
elects and has the power to recall members of its standing
committee.
No one on the standing committee of a local people??s
congress at or above the county level shall hold office
in state administrative, judicial and procuratorial
organs.
The standing committee of a local people??s congress
at or above the county level discusses and decides on
major issues in all fields of work in its administrative
areas; supervises the work of the people??s government,
people??s court and people??s procuratorate at the corresponding
level; annuls inappropriate decisions and orders of
the people??s government at the corresponding level;
annuls inappropriate resolutions of the people??s congress
at the next lower level; decides on the appointment
or removal of functionaries of state organs within the
limits of its authority as prescribed by law; and, when
the people??s congress at the corresponding level is
not in session, recalls individual deputies to the people??s
congress at the next higher level and elects individual
deputies to fill vacancies in that people??s congress.
The standing committees of people??s congresses of the
provinces, autonomous regions, municipalities directly
under the Central Government, cities which are capitals
of provinces or autonomous regions as well as large
cities approved by the State Council have the power
to adopt local regulations in the light of the local
regional political, economic and cultural characteristics,
when the people??s congresses at the corresponding level
are not in session.
V. People??s congresses of townships, ethnic townships
and towns
The term of office of people??s congresses of townships,
ethnic townships and towns is three years. Such a people??s
congress establishes a presidium headed by the chairman
and vice chairmen. The presidium is responsible for
convening the meetings of the people??s congress.
The functions and powers of the people??s congresses
of townships, ethnic townships and towns mainly include
the following:
1. The power to examine and decide on major issues
To decide on the plans for the
construction of local economy, cultural undertakings
and public understandings, in accordance with national
plans; to examine and approve local financial budgets
and report on the implementation of the budgets; and
to decide on the implementation plans for civil work
in their own regions.
2. The power to elect, appoint and remove local functionaries
To elect or recall the heads
and deputy heads of the townships, ethnic townships
and towns.
Candidates for the heads and deputy heads of the townships,
ethnic townships and towns are to be nominated by the
presidiums of the people??s congresses or no less than
ten deputies.
The presidiums or more than one-fifth of the deputies
to the people??s congresses of the townships, ethnic
townships and towns may propose the removal of the above-mentioned
functionaries when the people??s congresses are in session.
The proposal of removal are submitted to the congresses
by the presidiums.
All elections are by secret ballot.
3. The power of supervision
To examine the work report of
the governments of the townships, ethnic townships and
towns, annul their inappropriate decisions and decrees,
and recall or remove functionaries making up the governments
of the townships, ethnic townships and towns.
VI. Deputies to the people??s congresses
1. The election of deputies
Deputies to the NPC are elected
by the people??s congresses of the provinces, autonomous
regions and municipalities directly under the Central
Government and by the armed forces.
Deputies to the people??s congresses of the provinces,
autonomous regions, municipalities directly under the
Central Government and cities divided into districts
are elected by the people??s congresses at the next lower
level.
Deputies to the people??s congresses of counties, cities
not divided into districts, municipal districts, townships,
ethnic townships and towns are elected directly by the
electorates.
2. The rights of the deputies
(1) During the session
1) Right to draft proposals for bills;
2) Right to raise suggestions,
criticisms and put forward opinions;
3) Right to vote in election
and decide on appointment;
4) Right to examine issues;
5) Right to propose the recall
of functionaries;
6) Right to raise bills for
questioning and conduct hearings;
7) Right to draft suggestions;
8) Right to vote; and
9) Right to impunity.
(2) Not in session
1) Right to maintain contact with original voting units;
2) Right to inspect;
3) Right to propose provisional
sessions;
4) Right to audit other meetings;
5) Right to participate in committees
for investigating specified issues;
6) Right to sit in meetings
of the people??s congress and its standing committee
of the original unit the deputy is elected from;
7) Right of special protection
of the person; and
8) Right to privileges for deputies.
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