NPC

Major Functions and Rights of the NPC

The Constitution empowers the NPC with the total and highest position and the following major functions and rights:

1. To formulate and revise the Constitution and supervise its implementation; enact and revise basic laws and other laws of the state. The amendment of the Constitution shall be proposed by the Standing Committee of the NPC or 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. Laws and other bills shall be adopted by the NPC with a majority of the deputies to the NPC. The Constitution also stipulates that the NPC has the rights to alter or annul inappropriate decision adopted by the Standing Committee of the NPC.

2. To elect members of the Standing Committee of the NPC; to elect the president and vice president of thePeople's Republic of China, and decide on the choice of the premier of the State Council upon nomination by the president, the choice of other members composing the State Council upon the nomination by the premier; to elect the chairman of the Central Military Commission, and decide on the choice of other members composing the Central Military Commission upon nomination by the chairman of the Commission; to elect the president of the Supreme People's Court; and to elect the procurator-general of the Supreme People's Procuratorate. The NPC has the right to remove all the above-mentioned functionaries.

3. To examine and approve the plan for national economic and social development; to examine and approve the state budget and the report on its implementation; to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government; to decide on the establishment of special administrative regions and the systems to be instituted in the regions; and to decide on questions of war and peace.

4. To exercise such other functions and powers as the highest organ of state power should exercise.

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, municipalities, towns, ethnic townships and towns. Standing committees are established at people's congresses above the county level. 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. That of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns is three years.

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. According to the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and approve 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 made by 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 cites approved by the State Council have the right to adopt local regulations in light of their regional economic and cultural characteristics.

Local people's congresses at and above the county level elect and have the power to recall presidents of the people's courts and chief procurators of people's procuratorates at the corresponding level.

The election or recall of chief procurators of people's procurators of people's procuratorates shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval.

The Relationship Between the People's Congresses, the State Administrative Organs, the People's Courts and People's Procuratorates

The state administrative organs, judicial and persecuting organs are all elected and supervised by and report to the people's congresses which are organs of state power. These state organs conduct their activities according to the principle of democratic centralism. This has decided the relationships between the people's congresses, the state administrative organs, the people's courts and people's procuratorates as the following:

1. The relationship of making decisions and implementing them. The people's congresses represent the people to exercise state power, make legislations, decide on major issues, elect, remove and supervise state functionaries. The laws and decisions adopted by the people's congresses must be implemented by the administrative organs, people's courts and people's procuratorates.

2. The relationship of the supervisor and the supervised. People's congresses represent the people to exercise the right of supervision of the administrative organs, peoples' courts and people's congresses. The organs being supervised must be responsible to and report their work to the people's congresses and receive the supervision of the people's congresses.

3. The relationship of working in coordination. Though having different responsibilities and division of labor, the people's congresses, the administrative organs, people's courts and people's procuratorates have the same goal, i.e., to represent and realize the fundamental interests of the people and jointly build socialism with Chinese characteristics. The people's congresses uniformly exercise the state power and, under this precondition, rationally divide the rights of administration, judicial decision and persecuting decision, which avoids having the state power and rights being over-concentrated or unnecessarily checked, so as to allow the state organs to specialize in their distinctive responsibilities and at the same time work in a coordinated manner.

Procedures for Making Proposals and Motions at the NPC

All proposals, motions and bills of the NPC are original bills for discussion proposed by NPC deputies or departments concerned to the NPC.

The general procedures for making proposals, motions and bills to the NPC

According to the Organization Law of the National People's Congress and the Regulations of Discussions of the National People's Congress, the presidium of the NPC, the Standing Committee of the NPC, various special committees of the NPC, the State Council, the Central Military Commission, the Supreme People's Court and Supreme People's Procuratorate may put forward bills to the National People's Congress. Then the presidium shall decide whether to put the bills on the agenda or to reject them for discussion at NPC sessions. In additions, a delegation to the NPC or more than 30 deputies may put forward bills concerning matters falling within the functions and powers of the NPC. The presidium shall decide to list the bills on the agenda or reject them for discussion at NPC sessions, or alternatively to be sent to special committees for reviews. The committees shall suggest whether the bills should be listed on the agenda before a decision of listing or not listing the bills on the agenda is made.

The general procedures for deliberating the proposals, motions and bills to the NPC

Sponsors of motions and bills submit to the NPC explanations of their motions and bills first. The plenary session of various delegations and deputy groups review the motions and bills. Then the presidium puts the motions and bills to various special committees for deliberation and report. The presidium reviews the reports and submits them to NPC sessions for voting. Deputies may cast their votes by ballot, show of hands or other means, to be decided upon by the presidium. Those motions and bills with a majority of deputies in favor shall be carried. Voting results are announced on the spot by those presiding over the sessions. Amendments to the Constitution can only be proposed by NPC Standing Committee or more than one-fifth of the deputies to the NPC, to be decided upon by ballot. Those with at least two-thirds of the deputies in favor shall be adopted.

When the delegations review the motions and bills or reports, relevant departments shall send those in charge to the meetings to listen to opinions and answer questions. During the plenary session of the NPC, a delegation or more than 30 deputies may raise inquires in writing to the various ministries and commissions of the State Council, the Supreme People's Court and the Supreme People's Procuratorate. The presidium of the NPC, or more than three delegations or one-tenth of the deputies may jointly propose the setup of investigative committees to look into special issues. The setup of such committees shall be decided upon by plenary sessions of the presidium.

The Organizational Structure of the NPC

1. The NPC: the highest organ of state power with five years of each term. The plenary session of the NPC is held once every year or at any time under special circumstances. Deputies to the NPC are members forming the highest organ of state power to be elected from the provinces, autonomous regions, municipalities directly under the Central Government and the armed forces.

2. The Standing Committee of the NPC: the permanent organization of the highest organ of state power consisting of the chairman, vice chairmen, secretary-general and members who shall not assume any posts in the state administrative organ, judicial or prosecuting organs. The term of office is also five years. The chairman and vice chairmen shall not serve more than two consecutive terms. Normally the Standing Committee is convened once every two months.

3. The Meeting of the Chairmen of the Standing Committee: Participated by the chairman, vice chairmen and secretary-general to deal with major routine work of the Standing Committee.

4. Special committees: permanent committees of the NPC, they are composed of the chairman, vice chairmen and members. Under the leadership of the NPC, special committees are guided by the Standing Committee of the NPC when the latter is not in plenary session. The special committees study, review and draft motions and bills.

5. Deputy Credential Examination Committee: permanent organ of the NPC Standing Committee for examining the credentials of NPC deputies. The specific job of the committee is to examine the credentials of deputies emerged from by-elections of the present session and the newly elected deputies for the coming session. The committee is composed of the chairman, vice chairmen and members, all nominated from among the members of the Standing Committee and by the Meeting of the Chairman of the Standing Committee, to be agreed upon by the plenary session of the Standing Committee for a term of five years.

6. The General Affairs Office, Legislative Work Committee and Budget Committee: permanent organs of the NPC Standing Committee for serving the plenary session of the NPC, meetings of the Standing Committee and sessions of the Meeting of the Chairmen of the Standing Committee; for serving the deputies of the NPC and members of the Standing Committee in their execution of functions and powers according to law and for serving the development of socialist democracy and improvement of the socialist legal system.