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What are the functions and powers of the National People's Congress? |
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The Constitution stipulates that the NPC is the highest organ of
state power. It undertakes functions and exercises powers as
follows.
The NPC has the power to amend the Constitution and a duty to
supervise the enforcement of the Constitution. The Constitution is
the basic law of China and as such carries overarching legal
authority. Only the National People's Congress has the power to
amend the Constitution. Amendments to the Constitution require a
majority of not less than two-thirds of all the deputies elected to
the NPC. No other state organ, political party or organization has
this power.
The NPC has the power to enact and amend the law of the land. It is
written into the Constitution that it is the National People's
Congress that enacts and amends the basic law governing criminal
offences, civil affairs, the organs of state and so on.
The NPC has the power to decide on the selection, appointment and
the dismissal of those who carry responsibilities for the
leadership of the organs of state. According to the Constitution
and other laws, it is the National People's Congress that:
- elects and dismisses the Chair, Vice Chair, Secretary-General
and members of its own Standing Committee;
- elects and dismisses the President and the Vice President of
the country;
- selects the Premier of the State Council, following nomination
by the President;
- also following nomination by the Premier, appoints the Vice
Premiers, State Councilors, Ministers in charge of ministries or
commissions, the Auditor-General and the Secretary-General of the
State Council (and has the right to remove all of these from
office);
- elects and dismisses the Chair of the Central Military
Commission;
- appoints all other members of the Central Military Commission
following nomination by the Chair of the Central Military
Commission (and has the right to remove all of these from
office);
- elects and dismisses the President of the Supreme People's
Court and the Procurator-General of the Supreme People's
Procuratorate;
- appoints and dismisses the Directors, Deputy Directors and
members of the various special committees of the NPC.
The NPC is charged with decision making responsibilities relating
to the most important issues concerning the country
including:
- considering and approving National Plans for Economic and
Social Development and reports on the implementation of that
planning;
- considering and approving the State Budget and implementation
report;
- approving the establishment of provinces, autonomous regions
and those municipalities which come directly under the central
government;
- deciding on the establishment of Special Administrative Regions
and their systems of governance;
- deciding questions of war and peace;
- making such other decisions as require authorization at the
highest level.
The NPC has an overarching responsibility for the supervision of
the organs of state. It represents the highest level of supervisory
authority. It has a Standing Committee, which also carries
constitutional responsibility.
State administrative, judicial and procuratorial organs are created
by, are responsible to and are supervised by the NPC. The Chair of
the Central Military Commission is responsible to the NPC and the
Central Military Commission is subject to supervision by the
NPC.
As set out in the Constitution and laws, the principal mechanism
for supervision by the NPC is for it to receive and review reports
from its own Standing Committee, the State Council, the Supreme
People's Court and the Supreme People's Procuratorate. In addition,
there are laws stipulating that when the NPC is in session, a group
of more than 30 NPC deputies has the right to raise written
questions on the work of the State Council and its ministries and
commission, the Supreme People's Court and the Supreme People's
Procuratorate.
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