The NPC and the local people's congresses at various levels are established
through democratic elections. They are responsible to the people and subject to
their supervision. The Chinese Constitution states that all citizens who have
reached the age of 18 have the right to vote and stand for election, regardless
of ethnic status, race, sex, occupation, family background, religious belief,
education, property status or length of residence, except for persons deprived
of political rights in accordance with the law. The deputies to the local
people's congresses at county and township levels are elected directly by the
electors. Over the years, the population that has enjoyed the right to vote and
stand for election has accounted for more than 99 percent of the number of
citizens at or above the age of 18, and the ratio of participation in elections
has been around 90 percent. Due to China's realities, the deputies to the
people's congresses above the county level are elected indirectly, that is, by
the people's congress at the immediately lower level. A competitive election
system is adopted in both direct and indirect elections in accordance with the
law. The electors and the electoral units have the power to recall or replace
deputies they have elected according to the procedures prescribed by law. At
present, there are 2.8 million deputies to the people's congresses at all levels
nationwide, and they are from various ethnic groups, trades, social strata and
political parties and are therefore highly representative. The deputies from
workers and farmers account for a considerable proportion of deputies to
people's congresses at different levels. For instance, worker and farmer
deputies account for 18.4 percent of the total number of deputies to the Tenth
NPC (March 2003-March 2008). To ensure that state power is truly in the hands of
the entire people, the deputies must convey and represent the interests and will
of the people when exercising their functions and powers. They have the right to
propose bills, examine and discuss bills and reports, and vote on bills in
accordance with the law, and may not be held legally liable for their speeches
or votes at the meetings of the people's congresses.
The Chinese Constitution and law stipulate that the term of office of each
NPC and each of local people's congresses at various levels is five years, and
the NPC meets in session once a year, and local people's congresses at various
levels meet at least once a year. The Election Law of People's Congresses also
prescribes that the number of deputies to each NPC shall not exceed 3,000. Since
the number of deputies to the NPC is fairly large and makes it inconvenient to
hold frequent meetings, the NPC Standing Committee is established in accordance
with the stipulation of the Constitution to exercise the functions and powers of
the highest organ of state power when the NPC is not in session. The NPC
Standing Committee normally meets once every two months. It is composed of one
chairperson, a number of vice-chairpersons, one secretary-general and a number
of members. The Standing Committee of the Tenth NPC has 175 members, including
one chairperson and 15 vice-chairpersons. Standing committees have also been
established by local people's congresses at and above the county level. The
members of the Standing Committee of the NPC and standing committees of the
local people's congresses at and above the county level are elected from among
the deputies to the people's congresses in competitive elections, and for the
same term as the NPC and local people's congresses at the corresponding levels.
The people's congresses and their standing committees pursue a democratic
style of work, draw on the wisdom of all deputies, and represent and convey the
will and basic interests of the people. The principle of absolute majority is
observed when the people's congresses and their standing committees vote on
bills, that is, a bill can only be adopted by the agreement of more than half of
the total number of members. Amendments to the Constitution are adopted by a
vote of more than two-thirds of all the deputies to the NPC.
When the people's congresses and their standing committees hold meetings,
persons in charge of departments concerned may attend as non-voting delegates,
and the departments and individuals concerned may audit. Those attending as
non-voting delegates have the right to speak, but not the right to vote. Those
auditing are not entitled to speak. If they have any comment on the bills
discussed by the standing committee, they may submit their opinions to the
working organ of the standing committee in writing. In recent years, the
standing committees in some localities have opened their doors to citizens who
wish to be observers at their meetings. The auditors are chosen in sequence of
applications of citizens.
The people's congresses have four main functions and powers: legislation,
supervision, appointment and removal of officials, and making decisions on major
issues. These functions are a major reflection of the way the Chinese people
exercise their power as masters of the state through the system of people's
congress.
- Power of legislation. The Chinese Constitution states that the NPC and its
Standing Committee exercise the legislative power of the state, mainly to amend
the Constitution, and enact and amend the basic laws concerning criminal
offences, civil affairs, state organs and other matters. The people's congress
at provincial level and its standing committee may, in the light of the specific
conditions and practical needs of that particular administrative area, enact
local regulations under the precondition that the regulations they enact must
not contravene the Constitution, the law or the administrative regulations of
the state. The people's congress of a big city and its standing committee may,
in the light of the specific conditions and practical needs of the city, enact
local regulations under the precondition that the regulations they enact must
not contravene either the Constitution, the law or the administrative
regulations of the state, or the regulations of the province or autonomous
region the city belongs to, and submit the newly enacted local regulations to
the standing committee of the people's congress of the province or autonomous
region for approval before they are put into effect. The people's congress and
its standing committee of a province or city that has special economic zones
may, in line with authorization by the NPC, enact local regulations that take
effect within the special economic zones. The people's congresses of the ethnic
autonomous areas have the power to enact regulations on the exercise of autonomy
and other separate regulations in the light of the political, economic and
cultural characteristics of the ethnic group(s), and make appropriate
adaptations of the laws and administrative regulations.
