用英文介绍中国政体

The System of People's Congress

I. The nature and position of the system of people's congre

ss

The

system

of

people's

congress

is

an

organizational

form

for

the

state

power

in

China.

It

is

China's

fundamental political system.

The power in the People's Republic of China belongs to the people and the organ for the people to exercise

state power is the National People's Congress and local people's congresses at all levels.

The

National People's

Congress (NPC)

and local

people's congresses are established through democratic

elections, responsible to and supervised by the people.

State administrative, judicial and procuratorial organs are created by, responsible to and supervised by the

people's congresses.

The

National

People's

Congress

is the

highest

org

an

of

state

power.

Local

people's

congresses

are

local

organs of state power.

II. The National People's Congre

ss

1. The composition and term of office of the NPC

The NPC is composed of deputies elected from the provinces, autonomous regions and municipalit

ies 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 People's 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 People's Court;

(8) to elect the Procurator-General of the Supreme People's 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 rep

ort 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 People's 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 People's Court; and

5) The Procurator-General of the Supreme People's Procuratorate.

III. The Standing Committee of the NPC

The Standing Committee of the NPC is the permanent organ of the NPC. When the NPC is not in session, the

Standing Committee performs the right of the highest organ of state power. It is responsible to and reports to

the NPC.

1. The composition and term of office of the Standing Committee of the NPC

The Standing

Committee of the NPC is composed of the Chairman, Vice Chairmen, Secretary

-general and

members.

Ethnic minorities are entitled to appropriate representation on the Standing Committee.

The NPC elects and has the power to recall members of the Standing Committee.

Those on the Standing Committee shall not serve in state administrative, judicial and procuratorial organs.

The term of office of the Standing Committee corresponds with that of the NPC and it shall exercise its power

until a succeeding Standing Committee is elected by the succeeding NPC.

The Chairman and Vice Chairmen of the NPC shall not serve more than two consecutive terms.

2. The functions and powers of the Standing Committee

The Standing Committee of NPC exercises the following functions and powers:

(1) to interpret the Constitution and supervise its enforcement;

(2) to enact and amend laws, with the exception of those which should be enacted

by the NPC;

(3) to partially supplement and amend, when the NPC is not in session, laws enacted by the NPC provided

that the basic principles of these laws are not contravened;

(4) to interpret laws;

(5)

to

review

and

approve,

when

the

NPC

is

not

in

session,

partial

adjustments

to

the

plan

for

national

economic

and

social

development

or

to

the

state

budget

that

prove

necessary

in

the

course

of

their

implementation;

(6) to supervise the work of the State Council, the Central Military Commission, the Supreme

People's Court

and the Supreme People's Procuratorate;

(7)

to

annul

those

administrative

rules

and

regulations,

decisions

or

orders

of

the

State

Council

that

contravene the Constitution or the law;

(8)

to

annul

those

local

regulations

or

decisions

of

the

o

rgans

of

state

power

of

provinces,

autonomous

regions, and municipalities directly under the Central Government that contravene the Constitution, the law or

the administrative rules and regulations;

(9)

to

decide,

when

the

NPC

is

not

in

session,

on

the

choice

of

Ministers

in

charge

of

ministries

or

commissions,

the

Auditor-General

or

the

Secretary-general

of

the

State

Council

upon

nomination

by

the

Premier of the State Council;

(10) to decide, upon nomination by the Chairman of the Central Military Commission, on the choice of other

members of the Commission, when the NPC is not in session;

(11) to appoint or remove, at the recommendation of the President of the Supreme People's Court, the Vice

Presidents and Judges of the Supreme People's Court, members of its Judicial Committee and the President

of the Military Court;