II. The National People’s Congress
2004-03-08 14:45
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 Peoples 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 Peoples Court;
(8) to elect the Procurator-General of the Supreme Peoples 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 Peoples 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 Peoples Court; and
5) The Procurator-General of the Supreme Peoples Procuratorate.
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 Peoples 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 Peoples Court;
(8) to elect the Procurator-General of the Supreme Peoples 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 Peoples 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 Peoples Court; and
5) The Procurator-General of the Supreme Peoples Procuratorate.