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The NPC is the highest organ of State power in China. It is composed of NPC deputies who are elected from 35 electoral units according to the law. These units include people’s congresses of provinces, autonomous regions, municipalities directly under the central government, the servicemen congress of the People’s Liberation Army, the deputy election council of the Hong Kong Special Administrative Region, the deputy election council of the Macao Special Administrative Region and the Taiwan compatriots’ consultation election council. Each congress is elected for a term of five years. A total of 2,980 deputies were elected to the 13th NPC before its first session began in Beijing on March 5, 2018. The NPC meets in session once a year. 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 propose it.
To amend the Constitution and to supervise its enforcement
Only the NPC has the power to a mend the Constitution. Amendments to the Constitution must be proposed by the NPC’s Standing Committee or by more than one-fifth of NPC deputies and must be adopted by vote of more than two-thirds of all the deputies to the NPC. The current Constitution was adopted in 1982, and it was amended in 1988, 1993, 1999, 2004 and 2018. To uphold the dignity of the Constitution and ensure its enforcement, the NPC is also granted the power to supervise its enforcement.
To enact and amend basic laws governing criminal offenses, civil affairs, the State organs and other matters
For example, the NPC has enacted the Criminal Law, the Criminal Procedure Law, the Civil Law, the Civil Procedure Law, the Organic Law of the NPC, the Organic Law of the State Council, the Organic Law of Local People’ s Congresses and Local People’ s Governments, the Supervision Law, the Organic Law of the People’ s Courts, the Organic Law of the People’ s Procuratorates, the Law on Regional Ethnic Autonomy, the Electoral Law, the Law on Deputies to the NPC and to t he Local People’ s Congresses at Various Levels, the Marriage Law, the Nationality Law, the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region.
To elect, decide to appoint and remove from office members of central State organs
The NPC elects the President and Vice - President of the People’ s Republic of China, the Chairperson, vice-chairpersons, secretary-general and members of its Standing Committee, as well as the director of the National Supervisory Commission. It decides on the choice of the Premier of the State Council upon nomination by the President, and also decides on the choice of the vice- premiers, State councilors, ministers in charge of minis tries or commissions, the governor of the People ’ s Bank of China, and the auditor- general and secretary-general of the State Council, upon nomination by the Premier. It elects the Chairman of the Central Military Commission and decides on the choice of all other members of this commission upon nomination by the Chairman. It also elects the President of the Supreme People’ s Court and the Procurator General of the Supreme People’ s Procuratorate. It has the power to remove any of the above-mentioned officials from office.
To determine major State issues
The NPC is mandated to review and approve reports on the plan for national economic and social development and its implementation. It also reviews reports on the central and local budgets and their implementation. It can approve the establishment of provinces, autonomous regions and municipalities directly under the central government, decide on the establishment of special administrative regions and the systems to be instituted there, and decide on questions of war and peace.
For example, the establishment of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, Hainan province, Chongqing Municipality and the building of the Three Gorges Dam Project on the Yangtze River were all decided by the NPC.
Procedures of the NPC Sessions
Convocation of sessions
NPC sessions are held annually, usually during the first quarter of the year, and are convened by the NPC Standing Committee. The first session of each NPC is convened by the Standing Committee of the previous NPC within two months after the election of deputies to the current NPC. Sessions of the NPC shall be held only when at least two-thirds of the deputies are present.
Form of sessions
During an NPC session, plenary meetings and meetings of delegations are held.
The major tasks of the plenary meetings are for deputies to listen to work reports by the NPC Standing Committee, the State Council, the Supreme People’ s Court and the Supreme People’ s Procuratorate. At plenary meetings , deputies also examine reports on the implementation of plans for national economic and social development, and on draft plans for national economic and social development. They also examine reports on the implementation of the central and local budgets and on the draft of the central and local budgets, listen to statements made by the sponsors of bills or proposals submitted to the session for deliberation, vote on bills or proposals and make decisions. They can also elect, decide to appoint or remove from office members of central State organs in line with the law. The main tasks of delegation meetings, including plenary ones and group meetings, are to examine reports, bills and proposals placed on the agenda of the NPC sessions.
Submitting bills and proposals
The Presidium of the NPC session, the NPC Standing Committee and the NPC’s special committees, the State Council, the Central Military Commission, the Supreme People’s Court or the Supreme People’s Procuratorate can submit to the NPC bills or proposals that fall within the scope of its functions and powers. The Presidium shall decide whether or not to put the bills or proposals on the agenda of the NPC session.
A delegation or a group of 30 or more deputies can submit to the NPC bills or proposals that fall within its functions and powers. The Presidium shall decide whether or not to put the bills or proposals on the agenda of the NPC session, or refer them to the relevant special committees for deliberation and opinions before making the decision whether or not to put them on the agenda of the session.
Examination of bills or proposals
Examination of work reports
During an annual NPC session , the NPC Standing Committee , the State Council , the Supreme People’ s Court and the Supreme People ’ s Procuratorate present their work reports. The NPC may make relevant resolutions after their reports are examined by delegations.
Deliberating legislative bills
A legislative bill that has been placed on the session’ s agenda is first explained by its sponsor at a plenary meeting, then deliberated at meetings of various delegations and in the meantime, by the relevant special committees that put forward reports on their deliberation. The Constitution and Law Committee of the NPC shall, in light of opinions expressed during deliberations by the various delegations and the relevant special committees, conduct unified deliberation on the bill and submits a report on the results of deliberation and the revised draft law to the Presidium. The Presidium shall, after deliberation and approval, print the bill for distribution at the session and also submit the revised bill to a plenary meeting of the session for a vote.
Examining State plans and budgets
One month before an NPC session is held, the competent departments concerned under the State Council should report to the Financial and Economic Affairs Committee and the relevant special committees of the NPC the main points of the plan for national economic and social development and the basic situation regarding the implementation of the previous year’s plan, as well as the main points of the State budget and the basic situation regarding the implementation of the previous year’s State budget for preliminary examination by the Financial and Economic Affairs Committee. When the NPC is in session each year, the State Council shall submit to the session a report on the plan for national economic and social development and the implementation of the previous year’s plan, a report on the State budget and the implementation of the previous year’s State budget, and print them for distribution at the session. The main targets in the national economic and social development plan (draft), the tables of revenue and expenditure in the State budget (draft) and the tables showing the implementation of the previous year’s State budget (draft) shall also be printed and distributed at the session for reviews by the delegations. The Financial and Economic Affairs Committee shall, in the light of the examination reports prepared by the various delegations and t he relevant special committees, examine the report on the plan for national economic and social development and on the implementation of the previous year’ s plan, and the report on the State budget and the implementation of the previous year’ s State budget, and submit to the Presidium a report on the results of its examination. The Presidium shall, after deliberation and approval, print the report for distribution at the session. The Presidium shall also submit a draft resolution on the plan for national economic and social development and a draft resolution on the State budget and the implementation of the previous year’ s State budget to a plenary meeting of the session for vote. If, in the course of implementation, adjustment must be made to part of the plan for national economic and social development and the State budget approved by the NPC, the State Council shall submit the adjusted plan to the Standing Committee of the NPC for examination and approval.
Voting on bills or proposals
Bills or proposals put to the vote at a plenary meeting of an NPC session shall be adopted by a simple majority vote of all the deputies. An amendment to the Constitution shall be adopted by two-thirds or more of the votes of all the deputies. The outcome of a vote shall be announced on the spot by the person presiding over the meeting. After a legislative bill is adopted, the law shall be promulgated by the order of the President of the People’ s Republic of China signed by the President. After an amendment to the Constitution is adopted, it shall be promulgated by the Presidium.
At an NPC session, the Presidium decides whether to vote on bills by ballot, a show of hands or other methods. Voting on amendments to the Constitution shall be done by ballot.
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