Editor’s Note The second meeting of the 11th the National People’s Congress Standing Committee (NPCSC) closed a few days ago. After the meeting, the Standing Committee held a special lecture on duty study. Hu Kangsheng, Chairman of the NPC Law Committee, Xin Chunying, Deputy Director of the Legal Affairs Committee of the National People’s Congress Standing Committee (NPCSC), and Qiao Xiaoyang, Deputy Secretary-General of the National People’s Congress Standing Committee (NPCSC), gave lectures on the National People’s Congress Standing Committee (NPCSC)’s Organization, Authority and Rules of Procedure, Legislative Law and Legislative Work in the National People’s Congress Standing Committee (NPCSC), and Supervision Law and Supervision Work in the National People’s Congress Standing Committee (NPCSC) respectively. Holding a lecture on duty performance is an important measure for the new the National People’s Congress Standing Committee (NPCSC) to strengthen its own construction and improve its ability to perform its duties according to law and work level. Its lecture topics are significant and profound, and it is also concerned by the readers. With the consent of the speaker, this print will be published one after another from this issue, so please pay attention.
Organization, powers and rules of procedure of the National People’s Congress Standing Committee (NPCSC).
Hu Kangsheng, Chairman of the NPC Law Committee
Summary of lecture content:
I. Organization of the National People’s Congress Standing Committee (NPCSC)
(1) the National People’s Congress Standing Committee (NPCSC) is an integral part of the highest organ of state power.
(two) the composition, emergence and term of office of the Standing Committee
(3) Chairman the National People’s Congress Standing Committee (NPCSC)’s meeting
(4) The Special Committee of the National People’s Congress
(five) the National People’s Congress Standing Committee (NPCSC) credentials committee.
(6) Service organizations in the National People’s Congress Standing Committee (NPCSC).
Second, the National People’s Congress Standing Committee (NPCSC)’s functions and powers
(1) Legislative power
(2) Supervision power
(three) the decision on major issues
(4) Personnel appointment and removal rights
III. Rules of Procedure of the National People’s Congress Standing Committee (NPCSC)
(A) the National People’s Congress Standing Committee (NPCSC)’s conference system
(2) the National People’s Congress Standing Committee (NPCSC)’s procedure.
The constitution has clearly defined the state system and political system of our country. Article 1 of the "General Program" of the Constitution stipulates: "People’s Republic of China (PRC) is a socialist country under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants." It clarifies the state system of our country and determines the nature of our country and the status of all classes in the country. Article 2 of the Constitution stipulates: "All power in People’s Republic of China (PRC) belongs to the people." It reveals the core content and basic principles of China’s national system. In our country, the people, only the people, are the masters of the country. The people are the masters of the country, and the most fundamental and important thing is to master the state power and exercise it. The constitution has established a regime that is suitable for China’s national system, that is, the people’s congress system. Through universal democratic elections, the people produce their own representatives and form people’s congresses at all levels to exercise state power. People’s congresses at all levels are responsible to the people and subject to their supervision. The National People’s Congress uniformly exercises state power, and the state administrative organs, judicial organs and procuratorial organs are produced by the National People’s Congress, responsible to and supervised by the National People’s Congress. This ensures that the people firmly hold the future of the country and the nation in their own hands from the national system. The people’s congress system is the fundamental political system of our country, and it is the fundamental way and the highest realization form for the people to exercise their right to be masters of their own affairs. The 17th National Congress of the Communist Party of China regards upholding and improving the people’s congress system as an important content of unswervingly developing Socialism with Chinese characteristics’s democratic politics.In the work report of the Standing Committee of the first session of the 11th National People’s Congress and the speeches at the first and second sessions of the 11th the National People’s Congress Standing Committee (NPCSC), Chairman Wu Bangguo put forward general requirements and made specific arrangements for upholding and improving the people’s congress system and doing a good job in the work of the people’s congress, which we must earnestly study, profoundly understand and earnestly implement.
The Constitution stipulates the organization, functions and powers, principles of activities and basic working procedures of the National People’s Congress Standing Committee (NPCSC). The Organization Law of the National People’s Congress, adopted at the Fifth Session of the Fifth National People’s Congress in 1982, specially set up a chapter on "the National People’s Congress Standing Committee (NPCSC)", which comprehensively stipulated the organization, activity principles and work of the National People’s Congress Standing Committee (NPCSC). The rules of procedure of the National People’s Congress Standing Committee (NPCSC), adopted at the 23rd meeting of the 6th the National People’s Congress Standing Committee (NPCSC) in 1987, further refined the National People’s Congress Standing Committee (NPCSC)’s procedures of deliberation and work.
I. Organization of the National People’s Congress Standing Committee (NPCSC)
(1) the National People’s Congress Standing Committee (NPCSC) is an integral part of the highest organ of state power.
The National People’s Congress Standing Committee (NPCSC) is a permanent organ of the National People’s Congress (NPC) and a part of the highest organ of state power. It exercises the functions and powers entrusted by the Constitution when the NPC is not in session. The National People’s Congress Standing Committee (NPCSC) is elected by the National People’s Congress, responsible for and reporting to the National People’s Congress, and subject to its supervision. The National People’s Congress has the right to recall members of the National People’s Congress Standing Committee (NPCSC) and to change or cancel inappropriate decisions made by the National People’s Congress Standing Committee (NPCSC).
The establishment of the Standing Committee of the National People’s Congress is an important feature of the organizational system of the people’s congresses in China. China has a vast territory and a large population, so the number of deputies to the National People’s Congress should not be too small. According to the provisions of the electoral law, the total number of deputies to the National People’s Congress does not exceed 3,000, and the number of deputies actually elected is close to 3,000. Too many deputies are not convenient for regular work. Generally, the National People’s Congress is held once a year, and the meeting only makes decisions on the most important issues of the country. Therefore, according to the Constitution, the National People’s Congress established the the National People’s Congress Standing Committee (NPCSC) as its permanent institution. The National People’s Congress Standing Committee (NPCSC) has a relatively small number of members, which is convenient for frequent meetings. When the National People’s Congress is not in session, it can make timely decisions on major issues of the country, give full play to the functions of the highest organ of state power, and ensure that state organs can operate regularly and effectively.
The National People’s Congress Standing Committee (NPCSC) was established according to the 1954 Constitution, and it has reached the eleventh session. For more than half a century, the National People’s Congress Standing Committee (NPCSC)’s organization and authority have undergone great changes compared with the past. At that time, the National People’s Congress Standing Committee (NPCSC)’s authority was limited. For example, the 1954 Constitution did not stipulate the National People’s Congress Standing Committee (NPCSC)’s power to make laws. In 1982, the Constitution was amended, which expanded the functions and powers of the National People’s Congress Standing Committee (NPCSC), transferred some functions and powers originally belonging to the National People’s Congress to its Standing Committee, and strengthened the organizational construction of the National People’s Congress Standing Committee (NPCSC), so as to give full play to the role of the highest organ of state power.
(two) the composition, emergence and term of office of the Standing Committee
The National People’s Congress Standing Committee (NPCSC) is composed of chairman, vice-chairmen, secretary-general and members. The members of the National People’s Congress Standing Committee (NPCSC) are elected by the National People’s Congress, and the candidates are nominated by the Presidium of the Congress from the deputies to the National People’s Congress. After deliberation and discussion by all the deputies, the official candidates are determined and elected by the Jiaotong University. It can be said that the members of the Standing Committee are the standing representatives of the National People’s Congress. If the members of the Standing Committee lose their representative qualifications for various reasons, their duties as members of the Standing Committee will be terminated accordingly.
In the past, members of the National People’s Congress Standing Committee (NPCSC) were elected by equal numbers. Since the first session of the Seventh National People’s Congress held in 1988, members of the Standing Committee have been elected by differences. The number of members of the Standing Committee of the Sixth, Seventh, Eighth and Ninth National People’s Congress is 155. In order to improve the age structure and knowledge structure of the members of the National People’s Congress Standing Committee (NPCSC), strengthen the regular work of the National People’s Congress Standing Committee (NPCSC) and improve the quality of deliberation of bills, the number of members of the 10th the National People’s Congress Standing Committee (NPCSC) was increased to 175, and the additional 20 members were used to elect some relatively young members with professional expertise. The 11th the National People’s Congress Standing Committee (NPCSC) maintained this practice, and the number of members of the Standing Committee remained at 175. This is an important measure to improve the system of people’s congresses.
In order to ensure that the National People’s Congress Standing Committee (NPCSC) effectively supervises the work of administrative organs, judicial organs and procuratorial organs, and that members of the Standing Committee can concentrate on the work of the National People’s Congress, the Constitution stipulates that members of the Standing Committee shall not hold positions in administrative organs, judicial organs and procuratorial organs; If you hold the above positions, you must resign as a member of the National People’s Congress Standing Committee (NPCSC). The "above-mentioned positions" here include all the positions of these organs.
The National People’s Congress Standing Committee (NPCSC)’s term of office is the same as that of the National People’s Congress, which is five years. However, the starting time of their terms of office is slightly different. According to the Constitution, the National People’s Congress Standing Committee (NPCSC) "shall exercise his functions and powers until the next National People’s Congress elects a new Standing Committee." That is to say, when the first session of the new National People’s Congress begins, the term of office of the last National People’s Congress will end. However, the term of office of the last the National People’s Congress Standing Committee (NPCSC) did not end synchronously. Before the new Standing Committee is elected, it still needs to continue to exercise its functions and powers until the new the National People’s Congress Standing Committee (NPCSC) is produced. During this period, if there are issues in national life that must be deliberated and decided by the Standing Committee (such as deciding that the whole country or individual provinces, autonomous regions and municipalities directly under the Central Government will enter a state of emergency and need to appoint foreign ambassadors urgently). This regulation is to avoid the interruption of the work of the highest organ of state power due to the change of office. But this has never happened in practice. According to the requirement of abolishing life tenure in leadership positions, the Constitution stipulates that the chairman and vice-chairmen shall not serve for more than two consecutive terms.