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According to the Constitution and the statutes of the National
People's Congress, the NPC Standing Committee has powers and
functions as follows:
Legislation
In
accordance with the provisions of the Constitution, though the most
fundemental legislation is reserved for the NPC alone, its Standing
Committee may enact much of the regular routine business. This
includes the enactment and amendment of statutes other than those
reserved for the NPC. When the NPC is not in session, the Standing
Committee enacts supplements and amendments to NPC statutes as long
as these do not run counter to the basic principles embodied in the
statutes. Consequently, except for revisions to the Constitution
and basic laws, which are beyond its scope, the NPC Standing
Committee undertakes a large amount of legislative work.
Interpreting the Constitution and laws
Interpretation of the Constitution means providing a legislative
explanation of those articles and provisions that require further
definition or supplementary explanation. This is necessary to
ensure that any problems that might arise during the execution of
the Constitution and laws are dealt with in way that will ensure
proper implementation.
Supervising the enforcement of the Constitution
The Constitution places responsibilities for supervising the
enforcement of the constitution not only on the NPC but also on its
Standing Committee. Conferring this power on a permanent body like
the Standing Committee ensures the continuing and regular
supervision of the enforcement of the Constitution between the
annual sessions of the NPC itself.
Supervising the work of other state organs
The NPC Standing Committee supervises the work of the State
Council, Central Military Commission, Supreme People's Court and
Supreme People's Procuratorate. It has powers to annul any
administrative rules and regulations, decisions or orders of the
State Council that contravene the Constitution or the statutes of
the state.
It
also has powers to annul any local regulations or decisions of the
organs of state power at the level of the provinces, autonomous
regions and municipalities directly under the central government if
they should contravene the Constitution, statutes or administrative
rules and regulations of the state.
Powers of appointment and removal
When the National People's Congress is not in session, the NPC
Standing Committee has powers to decide many of the nation's senior
official appointments.
The NPC Standing Committee is empowered to appoint:
- Ministers in charge of ministries and commissions;
- the Secretary-General of the State Council (following
nomination by the Premier of the State Council);
- Vice Chairs of the Central Military Commission and members of
the commission (following nomination by the Chair of the Central
Military Commission).
The NPC Standing Committee is empowered to both appoint and
dismiss:
- Vice Presidents and Judges of the Supreme People's Court
(SPC);
- Members of SPC Judicial Committee;
- the President of the Military Court (requires a motion to be
put by the SPC President);
- Deputy Procurators-General and Procurators of the Supreme
People's Procuratorate (SPP);
- Members of the SPP Procuratorial Committee;
- the Chief Procurator of the Military Procuratorate (requires a
motion by the SPP President).
The NPC Standing Committee is empowered to approve the appointment
and dismissal of:
- Chief Procurators of the people's procuratorates of provinces,
autonomous regions and municipalities directly under the central
government.
The NPC Standing Committee is empowered to approve the appointment
and recall of:
- Ambassadors and representatives abroad.
Decisions concerning major issues of state
The NPC Standing Committee has major decision-making
responsibilities including:
- deciding on the ratification and abrogation of treaties and
agreements concluded with foreign countries;
- establishing various systems of title and rank especially those
for military and diplomatic personnel;
- establishing classes of state medals and honorary titles and
deciding on their conferment;
- deciding on the granting of special pardons;
- declaring a state of war when the state faces invasion or is
bound by international treaty to respond to aggression (only when
the NPC itself is not in session);
- ordering general or partial mobilization;
- announcing a state of martial law either nationwide or in
particular provinces, autonomous regions or municipalities directly
under the central government;
- considering and approving such adjustments to the Plan for
National Economic and Social Development and to the State Budget as
may prove necessary in the course of their implementation (when the
NPC is not in session).
Other duties and powers assigned by the NPC
In
addition the Standing Committee is charged by the NPC to carry out
a range of other duties when the NPC itself is not in session. It
is the Standing Committee which runs the elections of the NPC
deputies, convenes the sessions of the NPC, maintains contact with
NPC deputies and organizes their activities relating to the NPC's
monitoring role and within its special committees.
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