Background

The NPC Standing Committee

(npc.gov.cn)
Updated: 2007-03-02 11:41

The NPC Standing Committee is the permanent body of the NPC.

The NPC Standing Committee is composed of Chairman, Vice Chairmen, the Secretary-General and other members. They are all elected by the NPC from among its deputies for a term of five years, the same term as an NPC. The Standing Committee continues to function until a new Standing Committee is elected by the next NPC. The Standing Committee of the 11th NPC has 175 members.

None on the NPC Standing Committee shall hold office in any of the administrative, judicial or procuratorial organs of the state. The Chairman and Vice Chairmen of the Standing Committee shall serve no more than two consecutive terms. The following persons successively served as Chairman of the NPC Standing Committee since the establishment of the NPC: Liu Shaoqi, Zhu De, Ye Jianying, Peng Zhen, Wan Li, Qiao Shi and Li Peng. The Chairman of the Standing Committee of the 11th NPC is Wu Bangguo.

The Chairman of the NPC Standing Committee directs the work of the Standing Committee. The Vice Chairmen and the Secretary-General assist the Chairman in his work. The Chairman, Vice Chairmen and Secretary-General constitute the Chairmen's Council, which handles the important day-to-day work of the Standing Committee.

The NPC Standing Committee normally meets once every two month. It may hold interim meetings when there is a special need.

The NPC Standing Committee is responsible to the NPC and reports to it on its work. The NPC has the power to alter or annul inappropriate decisions of its Standing Committee and to remove its members from office.

Functions and Powers of the Standing Commitee

Legislative power.The NPC and its Standing Committee jointly exercise the power to enact laws in China. The Standing Committee enacts and amends all laws except laws that should be enacted and amended by the NPC. When the NPC is not in session, its Standing Committee may partially supplement and amend laws it enacted, provided that the changes do not contravene the laws' basic principles. The Standing Committee also has the power to interpret the Constitution and other laws.

Supervisory power.The NPC Standing Committee has the power to oversee the enforcement of the Constitution. It oversees the work of the State Council, the Central Military Commission, the Supreme People's Court, and the Supreme People's Procuratorate. It has the power to revoke the administrative regulations, decisions and decrees of the State Council that contravene the Constitution and other laws and to repeal the local statutes and resolutions of organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the Constitution, other laws or administrative regulations. The basic form of oversight by the Standing Committee are: listening to and examining work reports made by the State Council and its departments, the Supreme People's Court and the Supreme People's Procuratorate; inspecting the enforcement of laws; and putting on record and reviewing the administrative regulations of the State Council and such regulatory documents of local people's congresses as local statutes and regulations concerning autonomy and local needs. In addition, the Standing Committee can also exercise oversight on the work of the State Council, the Supreme People's Court and the Supreme People's Procuratorate by addressing inquiries and investigating into specific issues.

The power to decide upon major state issues.When the NPC is not in session, the Standing Committee examines and approves proposals for making partial adjustments to the plan for national economic and social development or to the central budget that become necessary in the course of their implementation. The Standing Committee decides whether to ratify or abrogate treaties and important agreements concluded with foreign states; prescribes systems of titles and ranks for military and diplomatic personnel and specialized systems of titles and ranks; institutes state decorations and honorary titles and decides who should receive them; makes decisions on the granting of special pardons; declares general or partial mobilization; and declares a state of emergency throughout China or in particular provinces, autonomous regions or municipalities directly under the Central Government. When the NPC is not in session, its Standing Committee decides whether to proclaim a state of war in the event of an armed attack on China or in fulfillment of international treaty obligations concerning common defense against aggression.

The power to appoint and remove from office members of state organs.When the NPC is not in session, its Standing Committee appoints ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council based on nominations by the Premier of the State Council; it appoints other members of the Central Military Commission based on nominations by the commission's Chairman; it appoints or removes the Vice Presidents and judges of the Supreme People's Court, members of its Judicial Committee and the President of the Military Court based on the recommendations of the President of the Supreme Court; it appoints or removes 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 based on recommendations of the Procurator-General of the Supreme People's Procuratorate; it appoints or removes the Chief Procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government; and it appoints or recalls plenipotentiary representatives abroad.