The NPC is the highest organ of State power. It exercises the legislative
power, the power to make appointments and removals, the power to make decisions,
and the power of supervision.
I. Legislative Power of the State:
The NPC has the power to amend the Constitution, and to enact and amend basic
laws governing criminal offenses, civil affairs, the State organs and other
matters.
According to the Constitution, the NPC exercises the following legislative
powers:
-- To amend the Constitution (In China, amendments to
the Constitution are to be proposed by the Standing Committee of the NPC or by
more than one-fifth of all deputies to the NPC and adopted by a majority
affirmative vote of more than two-thirds of all the deputies);
-- To enact and amend basic statutes concerning
criminal offenses and civil affairs;
-- To enact and amend statutes concerning State
organs, which generally refer to various kinds of organic laws; and
-- To enact and amend basic statutes concerning other
matters, such as laws on election, nationality and marriage.
The NPC Standing Committee exercises the following
powers:
-- To enact and amend statutes other than those that
must be enacted by the NPC;
-- To enact, when the NPC is not in session, partial
supplements and amendments to statutes enacted by the NPC providedthat they do
not contravene the basic principles of these statutes;
-- To interpret the Constitution and statutes;
-- To annul administrative rules and regulations,
decisions andorders of the State Council that contravene the Constitution or the
statutes; and
-- To annul local regulations or decisions of the
organs of state power of provinces, autonomous regions and
centrally-administered municipalities that contravene the Constitution and the
statutes or the administrative rules and regulations. Enditem
II. Power to Make Appointments and Removals:
The NPC enjoys the power to elect, decide on and remove leaders and members
of the highest State organs.
The NPC has the power to elect the members of its Standing Committee, and the
president and vice presidents of the PRC; decide on the choice of the premier
and vice premiers of the State Council, state councilors, ministers in charge of
ministries or commissions, the auditor-general, and the secretary general of the
State Council; elect the chairman of the Central Military Commission (CMC) and
decided on the choice of all other members of the CMC; and elect the president
of the Supreme People's Court and the procurator-general of the Supreme People's
Procuratorate. It has the power to remove from office any or all the members of
the highest State organs it has elected or decided on.
III. Power to Make Decisions:
The NPC has the power to examine and approve the plan for national economic
and social development and the report on its implementation; examine and approve
the State budget and the report on its implementation; 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 within them; decide on questions of war and peace;
and exercise such other functions and powers as the highest organ of State power
should exercise.
IV. Power of Supervision:
The NPC has the power to supervise the enforcement of the Constitution. The
Constitution stipulates that the State Council, the Supreme People's Court and
the Supreme People's Procuratorate are created by the NPC, and are therefore
supervised by and responsible to it. The NPC's exercise of this supervisory
power is to oversee the government and other State organs on behalf of the
people. This is an important guarantee for the normal operation of the State
apparatus and administration according to law.
Since 1954, the PRC has convened nine National People's Congresses.
Under the current Constitution and related laws, the NPC meets in session in
the first quarter of each year, convened by its Standing Committee. The NPC is
elected for a term of five years.
The NPC Standing Committee is the permanent body of the highest organ of
State power and legislation. It exercises the highest State power and
legislative power when the NPC is not in session. The Ninth NPC Standing
Committee has 134 members. No one on the NPC Standing Committee shall hold any
post in any of the administrative, judicial or procuratorial organs of the
State, so as to better supervise these organs.
The NPC Standing Committee has the power to interpret the Constitution and
supervise its enforcement; enact and amend laws, with the exception of those
that should be enacted by the NPC; partially supplement and amend laws enacted
by the NPC when the latter is not in session; and interpret laws.
The NPC special committees are permanent working bodies of the NPC. When the
NPC is in session, the main work of the committees is to examine, discuss and
draw up relevant motions. When the NPC is not in session, the special committees
work under the direction of the NPC Standing Committee. The Ninth NPC has under
it nine special committees covering ethnic affairs, law, internal and judicial
affairs, finance and economy, education, science, culture and health, foreign
affairs, overseas Chinese affairs, environmental and resources protection, and
agriculture and rural affairs.