National People's Congress

The National People's Congress (usually abbreviated NPC, Chinese: 全国人民代表大会) is the highest organ of state power and the national legislature of the People's Republic of China. With 2,980 members in 2018, it is the largest parliamentary body in the world.[3] The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation, and members are considered to be part-time legislators and are not paid to serve in the NPC.

The majority of the power of the NPC is exercised by the Standing Committee of the National People's Congress (NPCSC), which consists about 170 legislators and meets in continuous session, when the full session of the NPC is not held. Members of the National People's Congress are allowed to simultaneously hold seats in other bodies of government and the party, and the NPC typically includes all of the senior officials in Chinese politics. By contrast, members of the NPCSC are not allowed to simulatenously hold positions in executive or judicial posts.

Under China's Constitution, the NPC is structured as a unicameral legislature, with the de jure power to legislate, oversee the operations of the government, the supreme court, the state committee of Supervisory, the supreme procuratorate and the central military commission, and elect the major officers of state. Western media sources commonly describe the NPC as a de facto rubber stamping body[4][5][6][7][8][9][10][11][12][13] although at the turn of the century some academics have asserted that the NPC had then begun to emerge as an influential force in Chinese politics.[14][15] The NPC had never rejected a government bill until 1986, during the Bankruptcy Law proceedings, wherein a revised bill was passed in the same session. An outright rejection without a revised version being passed occurred in 2000 when a Highway Law was rejected, the first occurrence in sixty years of history.[16] Moreover in 2015, the NPC refused to pass a package of bills proposed by the State Council, insisting that each bill require a separate vote and revision process.[17] In recent years, the NPC has made significant changes to draft legislation proposed by the government, and it is possible for legislation to be stalled by interest groups of political controversy.[18]

The NPC is elected for a term of five years. It holds annual sessions every spring, usually lasting from 10 to 14 days, in the Great Hall of the People on the west side of Tiananmen Square in Beijing. The NPC's sessions are usually timed to occur with the meetings of the National Committee of the People's Political Consultative Conference (CPPCC), a consultative body whose members represent various social groups. As the NPC and the CPPCC are the main deliberative bodies of China, they are often referred to as the Lianghui (Two Sessions).[19][20]

According to the NPC, its annual meetings provide an opportunity for the officers of state to review past policies and to present future plans to the nation.[21]

National People's Congress of the People's Republic of China

中华人民共和国全国人民代表大会

Zhōnghuá Rénmín Gònghéguó Quánguó Rénmín Dàibiǎo Dàhuì
13th National People's Congress
Coat of arms or logo
Type
Type
History
Founded1954
Leadership
Presidium of NPC
Presidium of the National People's Congress (Temporary, Elected before every session of NPC opens and finished after every session concludes) [1]
since 4 March 2018 (at a preparatory meeting for 1st session of 13th NPC)
Li Zhanshu, Chen Xi, Wang Chen, Cao Jianming, Zhang Chunxian, Shen Yueyue, Ji Bingxuan, Alecken Eminbahe, CPC

Wan Exiang, RCKMT

Chen Zhu, CPWDP
since 4 March 2018 (at 1st presidium meeting of 1st session of 13th NPC)
Secretary-General of NPC
Wang Chen, CPC
since 4 March 2018 (at a preparatory meeting for 1st session of 13th NPC)
Li Zhanshu, CPC
since 17 March 2018
Yang Zhenwu, CPC
since 17 March 2018
Structure
SeatsSince 5 March 2018:
2980 Members of NPC
175 Members of NPCSC
13th PRC National People's Congress Diagram
NPC political groups
Since 24 February 2018:

Government (2119):

  •      CPC (2119)

United Front, Pro-Beijing camp (Hong Kong) and Independent (861):

13th PRC NPCSC
NPCSC political groups
Since 18 March 2018:

Government (121):

  •      CPC (121)

United Front, and Independent (54):

  •      CDL (9)
  •      CAPD (7)
  •      CPWDP (7)
  •      RCCK (6)
  •      JS (5)
  •      CDNCA (3)
  •      CZGP (3)
  •      TDSGL (3)
  •      Independent (11)
Length of term
5 years
Elections
Party-list proportional representation and Approval voting[2]
Party-list proportional representation and Approval voting[2]
NPC last election
December 2017 – January 2018
NPCSC last election
18 March 2018
NPC next election
Late 2022 – early 2023
NPCSC next election
2023
RedistrictingStanding Committee of the National People's Congress
Meeting place
GreatHall auditorium
The Auditorium of Ten Thousand People
Great Hall of the People
人大会堂西路 - Ren Da Hui Tang Xi Lu
Xicheng District, City of Beijing
People's Republic of China
Website
http://www.npc.gov.cn
National People's Congress
Chinese name
Literal meaningNationwide People Representative Assembly
Tibetan name
Tibetanརྒྱལ་ཡོངས་མི་དམངས་འཐུས་མི་ཚོགས་ཆེན་
Zhuang name
ZhuangDaengx Guek Yinzminz Daibyauj Daihhoih
Mongolian name
Mongolian CyrillicБөх улсын ардын төлөөлөгчдийн их хуралд
Mongolian scriptᠪᠦ᠋ᠬᠦ
ᠤᠯᠤᠰ ‍‍ᠤᠨ
ᠠᠷᠠᠳ ‍‍ᠤᠨ
ᠲᠥᠯᠥᠭᠡᠯᠡᠭᠴᠢᠳ 
ᠦᠨ ᠶᠡᠬᠡ ᠬᠤᠷᠠᠯ
Uyghur name
Uyghurمەمىلكەتلىك خەلق قۇرۇلتىپى
Manchu name
Manchu scriptᡤᡠᠪᠴᡴᡳ
ᡤᡠᡵᡠᠨ ‍‍ᡳ
ᠨᡳᠶᠠᠯᠮᠠᡳᡵᡤᡝᠨ
ᡶᡠᠨᡩᡝᠯᡝᠨ
ᠠᠮᠪᠠ
ᡳᠰᠠᡵᡳᠨ
(ᡰᡳᡝᠨᡩᠠ)
RomanizationGubchi gurun-i niyalmairgen fundelen amba isarin (Renda)

Powers and duties

In theory, the NPC is the highest organ of state power in China, and all four PRC constitutions have vested it with great lawmaking powers. Most Western media have characterized the NPC as a rubber stamp for decisions already made by the state's executive organs and the Communist Party of China.[22] One of its members, Hu Xiaoyan, told the BBC in 2009 that she has no power to help her constituents. She was quoted as saying, "As a parliamentary representative, I don't have any real power."[23] In 2014, the CPC pledged to protect the NPC's right to "supervise and monitor the government," provided that the NPC continue to "unswervingly adhere" to the party's leadership.[24] However this characterization is disputed, as the NPC has made significant changes to draft legislation. Since the 1990s, the NPC has become a forum for mediating policy differences between different parts of the Party, the government, and groups of society.

There are mainly four functions and powers of the NPC:[25]

1. To amend the Constitution and oversee its enforcement

Only the NPC has the power to amend the Constitution. Amendments to the Constitution must be proposed by the NPC Standing Committee or 1/5 or more of the NPC deputies. In order for the Amendments to become effective, they must be passed by 2/3 majority vote of all deputies. In contrast with other jurisdictions by which constitutional enforcement is considered a judicial power, in Chinese political theory, constitutional enforcement is considered a legislative power, and Chinese courts do not have the authority to determine constitutionality of legislation or administrative measures. Challenges to constitutionality have therefore become the responsibility of the National People's Congress which has a recording and review mechanism for constitutional issues[26]

2. To enact and amend basic law governing criminal offences, civil affairs, state organs and other matters

3. To elect and appoint members to the central state organs

The NPC elects the Chairman, Vice Chairmen, Secretary-General and other members of its Standing Committee. It also elects the President of the People's Republic of China and the Vice President of the People's Republic of China. NPC also appoints the Premier of the State Council and many other crucial officials to the central state organs. The NPC also has the power to remove the above-mentioned officials from the office.

4. To determine major state issues

This includes examining and approving the report on the plan for national economic and social development and on its implementation, report and central budget, and more. The establishment of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, Hainan Province and Chongqing Municipality and the building of the Three Gorges Project on the Yangtze River were all decided by the NPC.

The drafting process of NPC legislation is governed by the Organic Law of the NPC (1982) and the NPC Procedural Rules (1989). It begins with a small group, often of outside experts, who begin a draft. Over time, this draft is considered by larger and larger groups, with an attempt made to maintain consensus at each step of the process. By the time the full NPC or NPCSC meets to consider the legislation, the major substantive elements of the draft legislation have largely been agreed to. However, minor wording changes to the draft are often made at this stage. The process ends with a formal vote by the Standing Committee of the NPC or by the NPC in a plenary session.However, it is not completely without influence. It functions as a forum in which legislative proposals are drafted and debated with input from different parts of the government and outside technical experts. However, there are a wide range of issues for which there is no consensus within the Party and over which different parts of the party or government have different opinions. Over these issues the NPC has often become a forum for debating ideas and for achieving consensus.

In practice, although the final votes on laws of the NPC often return a high affirmative vote, a great deal of legislative activity occurs in determining the content of the legislation to be voted on. A major bill such as the Securities Law can take years to draft, and a bill sometimes will not be put before a final vote if there is significant opposition to the measure.[27]

One important constitutional principle which is stated in Article 8 of the Legislation Law of the People's Republic of China is that an action can become a crime only as a consequence of a law passed by the full NPC and that other organs of the Chinese government do not have the power to criminalize activity. This principle was used to overturn police regulations on custody and repatriation and has been used to call into question the legality of re-education through labor.In practice, there is no mechanism to verify constitutionality of statute laws, meaning that local administrations could bypass the constitution through Administrative laws.

Legislative process

The legislative process of the NPC works according to a five year work plan drafted by the Legislative Affairs Committee [28] Within the work plan, a specific piece of legislative is drafted by a group of legislators or administrative agencies within the State Council, these proposals are collected into a yearly agenda which outlines the work of the NPC in a particular year.[18] This is followed by consultation by experts and approving in principle by the Communist Party. Afterwards, the legislation undergoes three readings and public consultation. The final approval is done in a plenary session in which by convention the vote is near unianmous.[18]

The time for legislation can as short as six months, or as long as 15 years for controversial legislation such as the Anti-Monopoly Law[18]

Proceedings

The NPC meets for about two weeks each year at the same time as the Chinese People's Political Consultative Conference, usually in the Spring. The combined sessions have been known as the two meetings. Between these sessions, power is exercised by the Standing Committee of the National People's Congress which contains about 150 members.

The sessions have become media events because it is at the plenary sessions that the Chinese leadership produces work reports. Although the NPC has thus far never failed to approve a work report or candidate nominated by the Party, these votes are no longer unanimous. It is considered extremely embarrassing for the approval vote to fall below 70%, which occurred several times in the mid-1990s. More recently, work reports have been vetted with NPC delegates beforehand to avoid this embarrassment.

In addition, during NPC sessions the Chinese leadership holds press conferences with foreign reporters, and this is one of the few opportunities Western reporters have of asking unscripted questions of the Chinese leadership.

A major bill often takes years to draft, and a bill sometimes will not be put before a final vote if there is significant opposition to the measure. An example of this is the Property Law of the People's Republic of China which was withdrawn from the 2006 legislative agenda after objections that the law did not do enough to protect state property. China's laws are usually submitted for approval after at most three reviews at the NPC Standing Committee. However, the debate of the Property Law has spanned nine years, receiving a record seven reviews at the NPC Standing Committee and stirring hot debates across the country. The long-awaited and highly contested Property Law was finally approved at the Fifth Session of the Tenth National People's Congress (NPC) on 16 March 2007. Among the 2,889 deputies attending the closing session, 2,799 voted for it, 52 against it, 37 abstained and one didn't vote.

Election and membership

The NPC consists of about 3,000 delegates. Delegates to the National People's Congress are elected for five-year terms via a multi-tiered representative electoral system. Delegates are elected by the provincial people's assemblies, who in turn are elected by lower level assemblies, and so on through a series of tiers to the local people's assemblies which are directly elected by the electorate.

There is a limit on the number of candidates in proportion to the number of seats available. At the national level, for example, a maximum of 110 candidates are allowed per 100 seats; at the provincial level, this ratio is 120 candidates per 100 seats. This ratio increases for each lower level of people's assemblies, until the lowest level, the village level, has no limit on the number of candidates for each seat. However, the Congress website says "In an indirect election, the number of candidates should exceed the number to be elected by 20% to 50%." The requirement that there be more candidates than seats contrasts with Soviet procedure in which the number of candidates were identical to the number of seats.

Membership of previous National People's Congresses

Congress Year Total deputies Female deputies Female % Minority deputies Minority %
First 1954 1226 147 12 178 14.5
Second 1959 1226 150 12.2 179 14.6
Third 1964 3040 542 17.8 372 12.2
Fourth 1975 2885 653 22.6 270 9.4
Fifth 1978 3497 742 21.2 381 10.9
Sixth 1983 2978 632 21.2 403 13.5
Seventh 1988 2978 634 21.3 445 14.9
Eighth 1993 2978 626 21 439 14.8
Ninth 1998 2979 650 21.8 428 14.4
Tenth 2003 2985 604 20.2 414 13.9
Eleventh 2008 2987 637 21.3 411 13.8
Twelfth 2013 2987 699 23.4 409 13.7
Thirteenth 2018 2980 742 24.9 438 14.7

Sources:[29][30][31][32]

Hong Kong and Macau delegations

Hong Kong has had a separate delegation since the 9th NPC in 1998, and Macau since the 10th NPC in 2003. The delegates from Hong Kong and Macau are elected via an electoral college rather than by popular vote, but do include significant political figures who are residing in the regions.[33] The electoral colleges which elect Hong Kong and Macau NPC members are largely similar in composition to the bodies which elect the chief executives of those regions. In order to stand for election, the candidate must be validated by the Presidium of the electoral college and must agree to uphold the constitution of the PRC and the Basic Law. Each elector can vote for the number of seats from the qualified nominees.

Under the one country, two systems policy, the Communist Party of China does not operate in Hong Kong or Macau, and none of the delegates from Hong Kong and Macau are formally affiliated with the CCP. However, the electoral committee which elects the Hong Kong and Macau delegates are mainly supporters of the pro-Beijing pan-establishment camp, and so far, all of the candidates that have been elected from Hong Kong and Macau are from the pro-Beijing pan-establishment camp.

In contrast to Mainland China where a political opposition parties are not allowed, the political opposition controls about one quarter of the electoral college, opposition candidates have been allowed to run for NPC seats, although no opposition candidate has ever been elected. In the most recent election in 2017, the pan-democrats opposition declined to endorse candidates because they believed that constitutional changes made getting a seat useless.[34] In this election, the Presidium refused to allow the candidacy of several Occupy and pro-independence candidates on the grounds that they refused to sign the electoral form pledging to uphold the constitution and the Basic Law. However, the Presidium did allow the candidacy of several moderate pan-democratic figures who were unable to be elected.

Although the pan-democratic opposition in Hong Kong does not have enough votes to elect an opposition candidate, they have expressed the belief that they have enough seats to influence which pro-Beijing figures can get elected.[35]

The current method of electing SAR delegations began after the handovers of sovereignty to the PRC. Between 1975 and the handovers, both Hong Kong and Macau were represented by delegations elected by the Guangdong Provincial Congress.

Taiwan delegation

The NPC has included a "Taiwan" delegation since the 4th NPC in 1975, in line with the PRC's position that Taiwan is a province of China. Prior to the 2000s, the Taiwan delegates in the NPC were mostly Taiwanese members of the Chinese Communist Party who fled Taiwan after 1947. They are now either deceased or extremely old, and in the last three Congresses, only one of the "Taiwan" delegates was actually born in Taiwan (Chen Yunying, wife of economist Justin Yifu Lin); the remainder are "second-generation Taiwan compatriots", whose parents or grandparents came from Taiwan.[36] The current NPC Taiwan delegation was elected by a "Consultative Electoral Conference" (协商选举会议) chosen at the last session of the 11th NPC.[37]

The 1st Session of the 12th National People's Congress open 20130305
The 12th National People's Congress held in 2013

People's Liberation Army delegation

The People's Liberation Army has had a large delegation since the founding of the NPC, making up anywhere from 4 percent of the total delegates (3rd NPC), to 17 percent (4th NPC). Since the 5th NPC, it has usually held about 9 percent of the total delegate seats, and is consistently the largest delegation in the NPC. In the 12th NPC, for example, the PLA delegation has 268 members; the next largest delegation is Shandong, with 175 members.[38]

Ethnic Minorities and Overseas Chinese delegates

For the first three NPCs, there was a special delegation for returned overseas Chinese, but this was eliminated starting in the 4th NPC, and although overseas Chinese remain a recognized group in the NPC, they are now scattered among the various delegations. The PRC also recognizes 55 minority ethnic groups in China, and there is at least one delegate belonging to each of these groups in the current (12th) NPC.[39][40] These delegates frequently belong to delegations from China's autonomous regions, such as Tibet and Xinjiang, but delegates from some groups, such as the Hui people (Chinese Muslims) belong to many different delegations.

Standing Committee

A permanent organ of the NPC and elected by the NPC deputies consisting of:[41]

Structure

Special committees

In addition to the Standing Committee, nine special committees have been established under the NPC to study issues related to specific fields. These committees include:

Administrative bodies

A number of administrative bodies have also been established to provide support for the work of the NPC. These include:

  • General Office
  • Legislative Affairs Commission
  • Budgetary Affairs Commission
  • Hong Kong Special Administrative Region Basic Law Committee
  • Macao Special Administrative Region Basic Law Committee

Presidium

The Presidium of the NPC is a 178-member body of the NPC.[43] It is composed of senior officials of the Communist Party of China (CPC), the state, non-Communist parties and All-China Federation of Industry and Commerce, those without party affiliation, heads of central government agencies and people's organizations, leading members of all the 35 delegations to the NPC session including those from Hong Kong and Macao and the People's Liberation Army.[43] It nominates the President and Vice President of China, the Chairman, Vice-Chairman, and Secretary-General of the Standing Committee of the NPC, the Chairman of the Central Military Commission, and the President of the Supreme People's Court for election by the NPC.[44] Its functions are defined in the Organic Law of the NPC, but not how it is composed.[44]

Relationship with the ruling Communist Party of China

Under the Constitution of the People's Republic of China, the Communist Party of China is guaranteed a leadership role, and the National People's Congress therefore does not serve as a forum of debate between government and opposition parties as is the case with Western parliaments. At the same time, the Constitution makes the Party subordinate to laws passed by the National People's Congress, and the NPC has been the forum for debates and conflict resolution between different interest groups. The Communist Party maintains control over the NPC by controlling delegate selection, maintaining control over the legislative agenda, and controlling the constitutional amendment process.

Role of Communist Party in delegate selection

Great Hall Of The People At Night
The Great Hall of the People, where both the National People's Congress and the National Congress of the Communist Party of China convene.

The ruling Communist Party of China maintains control over the composition of people's congresses at various levels, especially the National People's Congress.[45] At the local level, there is a considerable amount of decentralization in the candidate preselection process, with room for local in-party politics and for participation by non-Communist candidates. The structure of the tiered electoral system makes it difficult for a candidate to become a member of the higher level people's assemblies without the support from politicians in the lower tier, while at the same time making it impossible for the party bureaucracy to completely control the election process.

One such mechanism is the limit on the number of candidates in proportion to the number of seats available.[46] At the national level, for example, a maximum of 110 candidates are allowed per 100 seats; at the provincial level, this ratio is 120 candidates per 100 seats. This ratio increases for each lower level of people's congresses, until the lowest level, the village level, has no limit on the number of candidates for each seat. However, the Congress website says "In an indirect election, the number of candidates should exceed the number to be elected by 20% to 50%."[47] The practice of having more candidates than seats for NPC delegate positions has become standard, and it is different from Soviet practice in which all delegates positions were selected by the Party center.[48] Although the limits on member selection allows the Party leadership to block unacceptable candidates, it also causes unpopular candidates to be removed in the electoral process. Direct and explicit challenges to the rule of the Communist Party are not tolerated, but are unlikely in any event due to the control the party center has on delegate selection.

Furthermore, the constitution of the National People's Congress provides for most of its power to be exercised on a day-to-day basis by its Standing Committee.[49] Due to its overwhelming majority in the Congress, the Communist Party has total control over the composition of the Standing Committee, thereby allowing it to control actions of the National People's Congress. However, the Communist Party uses the National People's Congress as a mechanism to coordinate different interests, weigh different strategies and incorporate these views into draft legislation.[50]

Although Party approval is in effect essential for membership in the NPC, approximately a third of the seats are by convention reserved for non-Communist Party members. This includes technical experts and members of the smaller allied parties.[46] While these members do provide technical expertise and a somewhat greater diversity of views, they do not function as a political opposition.[51]

Role of Communist Party in Legislative Process

Under Chinese law, the Communist Party is barred from directly introducing legislation into the NPC[18] although the Party can ask that government ministries or individual members introduce legislation on behalf of the Party. The primary role of the Communist Party in the legislative process largely is exercised during the drafting phase of the legislation. Before the NPC considers legislation, there are working groups which study the proposed topic, and it is necessary for the Party leadership to agree "in principle" to any legislative changes. This process overlaps with the early drafting phase as particularly controversial or sensitive issues requires approval and consensus from the Party leadership.[18]

Role of the Communist Party in Constitutional Amendments

The Communist Party leadership plays a particularly large role in the approval of constitutional amendments. In contrast to ordinary legislation, which the Communist Party leadership approves the legislation in principle, and in which the legislation is then introduced by government ministers or individual National People's Congress members, constitutional amendments are drafted and debated within the Communist Party, approved by the Central Committee of the Party and then presented to the National People's Congress.[52] In contrast to ordinary legislation, in which the process is largely directed by the Legislation Law, the process for constitutional revision is largely described by Party documents.[52] Unlike ordinary legislation in which the NPC routinely makes extensive revisions to legislative proposals which have bee introduced to it, the changes to constitutional amendments from the draft approved by the party have been minor.

Relationship with local governments

In addition to passing legislation, the NPCSC interacts with local governments through its constitutional review process. In contrast to most Western nations, constitutional review is considered a legislative function and not a judicial one, and Chinese courts are not allowed to examine the constitutionality of legislation. The NPC has created a set of institutions which monitor local administrative measures for constitutionality.[26] Typically, the Legislative Affairs Committee will review legislation for constitutionality and then inform the enacting agencies of its findings, and rely on the enacting agency to reverse its decision. Although the NPC has the legal authority to annul unconstitutional legislation by a local government, it has never used that power.[26]

See also

References

  1. ^ 第十三届全国人民代表大会第一次会议主席团和秘书长名单. 4 March 2018.
  2. ^ a b National People's Congress of the PRC. 中华人民共和国全国人民代表大会和地方各级人民代表大会选举法 [Election Law of the National People's Congress and Local People's Congress of the People 's Republic of China]. www.npc.gov.cn (in Chinese). Retrieved 18 June 2017.
  3. ^ International Parliamentary Union. "IPU PARLINE Database: General Information". Retrieved 6 August 2017.
  4. ^ "China Set to Make Xi Era Permanent With Sweeping Legal Overhaul". Bloomberg.com. 1 March 2018. Retrieved 4 March 2018.
  5. ^ "How China is ruled: National People's Congress". BBC News. 8 October 2012. Retrieved 4 March 2018.
  6. ^ "What makes a rubber stamp?". The Economist. 5 March 2012. Retrieved 4 March 2018.
  7. ^ "China's National Party Congress will open the way to a dictatorship for President Xi Jinping". ABC News. 5 March 2018. Retrieved 4 March 2018.
  8. ^ Riley, Charles. "China's rubber-stamp parliament: 3 things you need to know". CNNMoney. Retrieved 4 March 2018.
  9. ^ "Nothing to see but comfort for Xi at China's annual parliament". Reuters. 16 March 2017. Retrieved 4 March 2018.
  10. ^ Wee, Sui-Lee (1 March 2018). "China's Parliament Is a Growing Billionaires' Club". The New York Times. ISSN 0362-4331. Retrieved 4 March 2018.
  11. ^ Connor, Neil (4 March 2017). "Five things to watch out for at China's National People's Congress". The Telegraph. ISSN 0307-1235. Retrieved 4 March 2018.
  12. ^ Chen, Te-Ping (5 March 2016). "At China's Rubber-Stamp Parliament, Real Stamps Are All the Rage". WSJ. Retrieved 4 March 2018.
  13. ^ Elegant, Simon. "The National People's Congress: Rubber Stamp?". Time. ISSN 0040-781X. Retrieved 4 March 2018.
  14. ^ Michael Dowdle (Spring 1997). "The Constitutional Development and Operations of the National People's Congress". Columbia Journal of Asian Law.
  15. ^ Murray Scot Tanner and Chen Ke (1998), "Breaking the Vicious Cycles: The Emergence of China's National People's Congress", Law and Legislation in Post-Deng China, 45 (3): 29–47, doi:10.1080/10758216.1998.11655787
  16. ^ http://www.cefc.com.hk/uf/file/CabestanA99.pdf
  17. ^ https://www.merics.org/sites/default/files/2017-09/China_Monitor_No_37_National%20People%E2%80%99s%20Congress_EN.pdf
  18. ^ a b c d e f https://www.uschina.org/sites/default/files/prc_legislative_process.pdf
  19. ^ "State Structure of the People's Republic of China". 中国人大网. The National People's Congress of the People's Republic of China. Retrieved 29 September 2016.
  20. ^ China's 'two sessions': Economics, environment and Xi's powerBBC
  21. ^ "The National People's Congress of the People's Republic of China". Retrieved 8 November 2016.
  22. ^ "How China is ruled: National People's Congress". BBC News. Retrieved 15 February 2017.
  23. ^ Bristow, Michael, "Chinese delegate has 'no power'", BBC News, Beijing, Wednesday, 4 March 2009
  24. ^ Ting, Shi (3 March 2016). "China's National People's Congress: What You Need to Know". Bloomberg. Archived from the original on 23 April 2017. Retrieved 28 September 2016.CS1 maint: BOT: original-url status unknown (link)
  25. ^ "Functions and Powers of the National People's Congress". The National People's Congress of the People's Republic of China. The National People's Congress. Retrieved 29 September 2016.
  26. ^ a b c "Recording & Review: An Introduction to Constitutional Review with Chinese Characteristics". 19 January 2018.
  27. ^ Stephen Green (2003). Drafting the Securities Law: The role of the National People’s Congress in creating China’s new market economy (PDF) (Report). Cambridge University. Archived from the original (PDF) on 14 July 2011. Retrieved 25 October 2010.
  28. ^ "Scholarship Highlight: The NPCSC Legislative Affairs Commission and Its "Invisible Legislators"". 25 June 2018.
  29. ^ "Number of Deputies to All the Previous National People's Congresses in 2005 Statistical Yearbook, source: National Bureau of Statistics of China". Retrieved 30 June 2010.
  30. ^ "十一届全国人大代表将亮相:结构优化 构成广泛". Npc.people.com.cn. Retrieved 26 March 2012.
  31. ^ 12th Congress information from International Parliamentary Union. "IPU PARLINE Database: General Information". Retrieved 9 June 2013.
  32. ^ Xinhua News Agency. "New nat'l legislature sees more diversity". Npc.gov.cn. Retrieved 12 November 2013.
  33. ^ Fu, Hualing; Choy, D. W (2007). "Of Iron or Rubber?: People's Deputies of Hong Kong to the National People's Congress". doi:10.2139/ssrn.958845.
  34. ^ "Pan-dems to snub election run for NPC deputies after change in rules". 10 November 2017.
  35. ^ "Presidium formed for Dec. 19 election of Hong Kong NPC deputies". 23 November 2017.
  36. ^ Huaxia News (8 March 2012). "Taiwanese delegate Zhang Xiong: 'Stenographer' to the NPC Taiwan Delegation". Big5.huaxia.com. Retrieved 10 June 2013. (in Chinese)
  37. ^ Xinhua News (9 January 2013). "Taiwan Delegates to the 12th National People's Conference Elected". News.xinhuanet.com. Retrieved 10 June 2013. (in Chinese)
  38. ^ National People's Congress (27 February 2013). "Delegate list for the 12th National People's Congress". Npc.gov.cn.
  39. ^ Xinhua News Agency. "New nat'l legislature sees more diversity". Npc.gov.cn. Retrieved 12 November 2013.
  40. ^ Maurer-Fazio, Margaret; Hasmath, Reza (2015). "The contemporary ethnic minority in China: An introduction". Eurasian Geography and Economics. 56: 1–7. doi:10.1080/15387216.2015.1059290.
  41. ^ "National People's Congress Organizational System". China Internet Information Center. Retrieved 26 April 2014.
  42. ^ "宪法和法律委员会". www.npc.gov.cn.
  43. ^ a b "Presidium elected, agenda set for China's landmark parliamentary session". Xinhua News Agency. 4 March 2013. Archived from the original on 9 May 2013. Retrieved 22 April 2013.
  44. ^ a b 林 (Lin), 峰 (Feng) (2011). 郑 (Cheng), 宇硕(Joseph Y. S.) (ed.). Whither China's Democracy: Democratization in China Since the Tiananmen Incident. City University of Hong Kong Press. pp. 65–99. ISBN 978-962-937-181-4. At pp. 68–69.
  45. ^ https://www.washingtonpost.com/news/monkey-cage/wp/2018/03/07/chinas-national-peoples-congress-is-meeting-this-week-dont-expect-checks-and-balances/
  46. ^ a b http://isdp.eu/content/uploads/2017/10/China-Party-Congress-Backgrounder.pdf
  47. ^ "The National People's Congress of the People's Republic of China". www.npc.gov.cn.
  48. ^ White, Stephen (1990). "The elections to the USSR congress of people's deputies March 1989". Electoral Studies. 9: 59–66. doi:10.1016/0261-3794(90)90043-8.
  49. ^ Saich, Tony (November 2015). "The National People's Congress: Functions and Membership". Ash Center for Democratic Governance and Innovation.
  50. ^ https://www.merics.org/sites/default/files/2017-09/China_Monitor_No_37_National People’s Congress_EN.pdf
  51. ^ "China's annual Communist Party shindig is welcoming a handful of new tech tycoons".
  52. ^ a b "Explainer: China to Amend the Constitution for the Fifth Time (UPDATED)". 28 December 2017.

External links

English
Chinese
12th National People's Congress

The 12th National People's Congress was elected in national congressional conferences from October 2012 to February 2013 and was in session from 2013 to 2018. It succeeded the 11th National People's Congress. It held five plenary sessions in this period, occurring around early March every year. It was succeeded by the communing of the 13th National People's Congress.

13th National People's Congress

The 13th National People's Congress of the People's Republic of China was elected from October 2017 to February 2018 and will be in session in the five year period 2018 to 2023. It is scheduled to hold five sessions in this period, occurring around early March every year, except for in 2023, when the 14th National People's Congress will first convene.

1st National People's Congress

The 1st National People's Congress (simplified Chinese: 第一届全国人民代表大会; traditional Chinese: 第一屆全國人民代表大會; pinyin: Dìyī Jiè Quánguó Rénmín Dàibiǎo Dàhuì) was in session from 1954 to 1959. It held four sessions in this period. There were 1226 deputies to the Congress.

The first session was held in September 1954. The Congress passed the 1954 Constitution of the People's Republic of China. It elected the state leaders:

Chairman of the People's Republic of China: Mao Zedong

Vice Chairman of the People's Republic of China: Zhu De

Chairman of the Standing Committee of the National People's Congress: Liu Shaoqi

Premier of the State Council: Zhou Enlai

President of the Supreme People's Court: Dong Biwu

Procurator-General of the Supreme People's Procuratorate: Zhang Dingcheng

Chairman of the Standing Committee of the National People's Congress

The Chairman of the Standing Committee of the National People's Congress is the presiding officer of the Standing Committee of the National People's Congress of the People's Republic of China, which is considered China's top legislative body. The current Chairman is Li Zhanshu.

From 1998 to 2013, the position was ranked second in China's political hierarchy since Li Peng was barred from seeking a third term as Premier in 1998. In the political order of precedence, the Chairman ranks below the CPC General Secretary and President. Since 2013 the Chairman has ranked below the Premier, Li Keqiang. The ranking of this position is not necessarily reflective of its actual power, which varies depending on the officeholder.

Government of China

The central government of the People's Republic of China is divided among several state organs:

National People's Congress (NPC): the ultimate power of the state that supervise and elects all following organs;

Standing Committee of the National People's Congress (NPCSC): the legislative branch;

President (together with the NPCSC, act as head of state) and the Vice-President, who has no power itself, but exercise power by holding other offices;

State Council (synonymous with "Central People's Government"): the executive branch, whose Premier is the head of government;

Central Military Commission (CMC): the military branch, whose Chairman is the commander-in-chief of the national armed forces including the People's Liberation Army (PLA), the People's Armed Police (PAP), and the Militia;

National Supervisory Commission (NSC): the supervisory branch;

Supreme People's Court (SPC): the judicial branch;

Supreme People's Procuratorate (SPP): the prosecutorial branch.

The legal power of the Communist Party is guaranteed by the PRC Constitution and its position as the supreme political authority in the PRC is realised through its comprehensive control of the state, military, and media. According to a prominent government spokesman:We will never simply copy the system of Western countries or introduce a system of multiple parties holding office in rotation; although China’s state organs have different responsibilities, they all adhere to the line, principles and policies of the party.

The primary organs of state power are the National People's Congress (NPC), the President, and the State Council. Members of the State Council include the Premier, a variable number of Vice Premiers (now four), five State Councilors (protocol equal of vice premiers but with narrower portfolios), The Secretary-General, and now 26 ministers and other cabinet-level department heads. During the 1980s there was an attempt made to separate party and state functions, with the party deciding general policy and the state carrying it out. The attempt was abandoned in the 1990s with the result that the political leadership within the state are also the leaders of the party. This dual structure thereby creates a single centralized focus of power.

At the same time there has been a move to separate party and state offices at levels other than the central government. It is not unheard of for a sub-national executive to also be party secretary. This frequently causes conflict between the chief executive and the party secretary, and this conflict is widely seen as intentional to prevent either from becoming too powerful. Some special cases are the Special Administrative Regions of Hong Kong and Macau, where according to constitution and respective basic law, most national laws do not apply and the autonomous regions where, following Soviet practice, the chief executive is typically a member of the local ethnic group while the party general secretary is non-local and usually Han Chinese.

Under the Constitution of China, the NPC is the highest organ of state power in China. It meets annually for about two weeks to review and approve major new policy directions, laws, the budget, and major personnel changes. Most national legislation in the PRC is adopted by the Standing Committee of the National People's Congress. Most initiatives are presented to the NPCSC for consideration by the State Council after previous endorsement by the Communist Party's Politburo Standing Committee. Although the NPC generally approves State Council policy and personnel recommendations, the NPC and its standing committee has increasingly asserted its role as the national legislature and has been able to force revisions in some laws. For example, the State Council and the Party have been unable to secure passage of a fuel tax to finance the construction of expressways.

List of members of the 12th National People's Congress Standing Committee

This list involves current standing members of the National People's Congress of China, who were last elected by the 12th National People's Congress in March 2013.

List of members of the National People's Congress

Lists of members of China's National People's Congress may refer to:

List of current standing members of the National People's Congress

List of members of the 11th National People's Congress

National People's Congress Constitution and Law Committee

The National People's Congress Constitution and Law Committee (simplified Chinese: 全国人民代表大会宪法和法律委员会; traditional Chinese: 全國人民代表大會憲法和法律委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Xiànfă hé Fǎlǜ Wěiyuánhuì) is one of ten special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 6th National People's Congress in June 1983, and has existed for every National People's Congress since.The Committee is formerly known as the National People's Congress Law Committee. Since 2018, it was renamed as the National People's Congress Constitution and Law Committee.

National People's Congress Education, Science, Culture and Public Health Committee

The National People's Congress Education, Science, Culture and Public Health Committee (simplified Chinese: 全国人民代表大会教育科学文化卫生委员会; traditional Chinese: 全國人民代表大會教育科學文化衛生委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Jiàoyù Kēxué Wénhuà Wèishēng Wěiyuánhuì) is one of nine special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 6th National People's Congress in June 1983, and has existed for every National People's Congress since.

National People's Congress Environment Protection and Resources Conservation Committee

The National People's Congress Environment Protection and Resources Conservation Committee (simplified Chinese: 全国人民代表大会环境与资源保护委员会; traditional Chinese: 全國人民代表大會環境與資源保護委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Huánjìng Yŭ Zīyuán Bǎohù Wěiyuánhuì) is one of nine special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 8th National People's Congress in March 1993, and has existed for every National People's Congress since.

National People's Congress Ethnic Affairs Committee

The National People's Congress Ethnic Affairs Committee (simplified Chinese: 全国人民代表大会民族委员会; traditional Chinese: 全國人民代表大會民族委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Mínzú Wěiyuánhuì) is one of ten special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 1st National People's Congress in September 1954, and has existed for every National People's Congress except the 4th National People's Congress, during which it was suspended due to the Cultural Revolution.

National People's Congress Financial and Economic Affairs Committee

The National People's Congress Financial and Economic Affairs Committee (simplified Chinese: 全国人民代表大会财政经济委员会; traditional Chinese: 全國人民代表大會財政經濟委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Cáizhèng Jīngjì Wěiyuánhuì) is one of nine special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 6th National People's Congress in March 1983, and has existed in every National People's Congress since.

National People's Congress Foreign Affairs Committee

The National People's Congress Foreign Affairs Committee (simplified Chinese: 全国人民代表大会外事委员会; traditional Chinese: 全國人民代表大會外事委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Wàishì Wěiyuánhuì) is one of nine special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 6th National People's Congress in June 1983, and has existed for every National People's Congress since.

National People's Congress Overseas Chinese Affairs Committee

The National People's Congress Overseas Chinese Affairs Committee (simplified Chinese: 全国人民代表大会华侨委员会; traditional Chinese: 全國人民代表大會華僑委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Huáqiáo Wěiyuánhuì) is one of nine special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 6th National People's Congress in June 1983, and has existed for every National People's Congress since.

National People's Congress Supervisory and Judicial Affairs Committee

The National People's Congress Supervisory and Judicial Affairs Committee (simplified Chinese: 全国人民代表大会监察和司法委员会; traditional Chinese: 全國人民代表大會監察和司法委員會; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Jiānchá Hé Sĩfǎ Wěiyuánhuì) is one of ten special committees of the National People's Congress, the national legislature of the People's Republic of China. The special committee was created during the first session of the 7th National People's Congress in March 1988, and has existed for every National People's Congress since.The Committee is formerly known as the National People's Congress Internal and Judicial Affairs Committee. Since 2018, it was renamed as the National People's Congress Supervisory and Judicial Affairs Committee.

Presidium of the National People's Congress

The presidium of a session of the National People's Congress of the People's Republic of China is a 178-member body of the National People's Congress (NPC). It is composed of senior officials of the Communist Party of China (CPC), the state, non-Communist parties and All-China Federation of Industry and Commerce, those without party affiliation, heads of central government agencies and people's organizations, leading members of all the 35 delegations to the NPC session including those from Hong Kong, Macao, Taiwan and the People's Liberation Army. It nominates the President and Vice President of China, the Chairman, Vice-Chairman, and Secretary-General of the Standing Committee of the NPC, the Chairman of the Central Military Commission, and the President of the Supreme People's Court for election by the NPC. Its functions are defined in the Organic Law of the NPC, but not how it is composed. In practice, the Standing Committee of the National People's Congress drafts a list of candidates, then presides over a preparatory meeting of the NPC that revises and approves the list. After the Presidium has been elected, it presides over the rest of the NPC session..

Secretary-General of the National People's Congress

The Secretary-General of the Standing Committee of the National People's Congress (NPC) is a political office in the People's Republic of China.

Standing Committee of the National People's Congress

The Standing Committee of the National People's Congress (NPCSC; Chinese: 全国人民代表大会常务委员会) is the permanent body of the National People's Congress (NPC) of the People's Republic of China; both exercise the legislative power of the state.The NPCSC oversees the election of the NPC, and can extend the term of the current NPC by put off election by at most a year with a two thirds majority vote. The NPCSC convenes the NPC once a year, and may do so when it finds it necessary or with a proposal from one fifth of NPC's members. The NPCSC holds power until the succeeding NPC elects its standing committee.Members of the NPCSC must not, at the same time, hold executive, judicial positions. In contrast, members of the NPC does not have such restriction.The NPCSC has the power to interpret the laws of the PRC, including its constitution. In contrast to other countries in which stare decisis gives the power of both final interpretation and adjudication to a supreme court, within Mainland China constitutional and legal interpretation is considered to be a legislative activity rather than a judicial one, and the functions are split so that the NPCSC provides legal interpretations while the Supreme People's Court actually decides cases. Because an interpretation of the NPCSC is legislative in nature and not judicial, it does not affect cases which have already been decided.

A notable use of the constitutional interpretation power occurred in 1999 over the Right of Abode issue in the Hong Kong Special Administrative Region in Lau Kong Yung v. Director of Immigration. The NPCSC interpreted the Basic Law of Hong Kong in accordance with the position taken by the Hong Kong government with respect to the eligibility of permanent residency in Hong Kong.

It is led by a Chairman, Mainland China's top legislator, who is conventionally ranked third in Mainland China's political ranking system, after the General Secretary of the Communist Party of China and the Premier of the People's Republic of China. The current Chairman is Li Zhanshu.

Vice Chairperson of the National People's Congress

The Vice Chairperson of the Standing Committee of the National People's Congress (simplified Chinese: 全国人民代表大会常务委员会副委员长; traditional Chinese: 全國人民代表大會常務委員會副委員長; pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì Fùwěiyuánzhăng) is a political office in the People's Republic of China. According to the Constitution of the People's Republic of China, Vice-Chairpersons are responsible for assisting the Chairman in performing his duties as chair of the Standing Committee of the National People's Congress. Since 1982, Vice-Chairpersons are appointed for a term of five years, and cannot serve for more than two terms, similar with the “Deputy Speaker of the Chinese Parliament”.

Transcriptions
Standard Mandarin
Hanyu PinyinQuánguó Rénmín Dàibiǎo Dàhuì
Transcriptions
Wyliergyal yongs mi dmangs 'thus mi tshogs chen
Transcriptions
Latin YëziqiMemliketlik xelq qurultiy
Yengi YeziⱪMemliketlik xelq qurultiy
United Front
State organs
Politics of
province-level
divisions

(current leaders)
National People's Congress
Plenary sessions
Standing Committee
Special committees
National Emblem of the People's Republic of China Central state organs of the People's Republic of China
Typical branches
Atypical branches
Chinese branches
(Imp./ROC/PRC)
By country
See also
Sovereign states
States with
limited recognition
Dependencies and
other territories
Federal
Unitary
Dependent and
other territories
Non-UN states
Historical
Related

Languages

This page is based on a Wikipedia article written by authors (here).
Text is available under the CC BY-SA 3.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.