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Highest
State Organ: National People's Congress and
Standing Committee |
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According to the Constitution of 1982, the National
People's Congress of the People's Republic of China
(NPC) is the highest organ of state power. Its permanent
body is the Standing Committee of the National People's
Congress. The National People's Congress and its Standing
Committee exercise the legislative power of the state.
Organization
The National People's Congress is composed of deputies
elected from the provinces, autonomous regions and municipalities
directly under the Central Government and of deputies
elected from the armed forces. All minority nationalities
are entitled to appropriate representation. Election
of deputies to the National People's Congress is conducted
by the Standing Committee of the National People's Congress.
The National People's Congress is elected for a term
of five years.
The National People's Congress meets in session once
a year and is convened by its Standing Committee. A
session of the National People's Congress may be convened
at any time the Standing Committee deems it necessary
or when more than one-fifth of the deputies to the National
People's Congress so propose.
When the National People's Congress meets, it elects
a Presidium to conduct its session.
Standing Committee
The Standing Committee of the National People's Congress
is responsible to the National People's Congress and
reports its work to the Congress.
The Standing Committee of the National People's Congress
is composed of the Chairman, the Vice Chairmen, the
Secretary-General and the members.Minority nationalities
are entitled to appropriate representation on the Standing
Committee of the National People's Congress. The National
People's Congress elects, and has the power to recall,
members of its Standing Committee.
The Chairman of the Standing Committee of the National
People's Congress directs the work of the Standing Committee
and convenes its meeting. The Vice Chairmen and the
Secretary-General assist the Chairman in his work.
The Chairman, the Vice Chairmen and the Secretary-General
constitute the Council of Chairmen which handles the
important day-to-day work of the Standing Committee
of the National People's Congress.
Special Committees
The National People's Congress establishes a Nationalities
Committee, a Law Committee, a Finance and Economic Committee,
an Education, Science, Culture and Public Health Committee,
a Foreign Affairs Committee, an Overseas Chinese Committee
and such other special committees as are necessary.
These special committees work under the direction of
the Standing Committee of the National People's Congress
when the Congress is not in session.
The special committees examine, discuss and draw up
relevant bills and draft resolutions under the direction
of the National People's Congress and its Standing Committee.
Functions and Powers of NPC
The National People's Congress exercises the following
functions and powers:
(1) to amend the Constitution;
(2) to supervise the enforcement of the Constitution;
(3) to enact and amend basic laws governing criminal
offenses, 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 decide on the choice of the Premier of the State
Council upon nomination by the President of the People's
Republic of China, 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 National People's Congress;
(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.
The National People's Congress has the power to remove
from office the following persons:
(1) the President and Vice President of the People's
Republic of China;
(2) the Premier, Vice Premiers, State Councilors, Ministers
in charge of ministries or commissions, the Auditor
General and the Secretary General of the State Council;
(3) the Chairman of the Central Military Commission
and other members of the Commission;
(4) the President of the Supreme People's Court; and
(5) the Procurator General of the Supreme People's Procuratorate.
Functions and Powers of the Standing Committee
The Standing Committee of the National People's Congress
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 National People's Congress;
(3) to partially supplement and amend, when the National
People's Congress is not in session, laws enacted by
the National People's Congress provided that the basic
principles of those laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the National People's
Congress 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 annual 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 National People's Congress 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 National People's
Congress 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 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 of honor and
decide on their conferment;
(17) to decide on the granting of special pardons;
(18) to decide, when the National People's Congress
is not in session, on the proclamation of the state
of war in the event or 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 National People's Congress may assign to it.
The National People's Congress and its Standing Committee,
when they deem necessary, appoint committees of inquiry
into special questions and adopt relevant resolutions
in the light of their reports.
All organs of state, public organizations and citizens
concerned are obliged to furnish when necessary information
to the committees of inquiry when they conduct investigations.
Deputies to the National People's Congress and members
of its Standing Committee have the right, in accordance
with the procedures prescribed by law, to submit bills
and proposals within the scope of the respective functions
and powers of the National People's Congress and its
Standing Committee.
Deputies to the National People's Congress and members
of its Standing Committee have the right, during the
sessions of Congress and the meetings of the Committee,
to address questions, in accordance with procedures
prescribed by law, to the State Council or the ministries
and commissions under the State Council, which must
answer the questions in a responsible manner.
See the Profile of current NPC Chairman, Mr.
Li Peng
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