第三章 国家机构
第一节 全国人民代表大会
Chapter III State Institutions
Section 1 The National People's Congress
Article 57 The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent organ is the Standing Committee of the National People's Congress.
Article 58 The National People's Congress and the Standing Committee of the National People's Congress shall exercise the legislative power of the state.
Article 59 The National People's Congress shall be composed of deputies elected from provinces, autonomous regions, cities directly under the Central Government, special administrative regions, and the armed forces. All ethnic minorities shall have an appropriate number of deputies.
The election of deputies to the National People's Congress shall be presided over by the Standing Committee of the National People's Congress.
The number of deputies to the National People's Congress and the procedures for their election shall be prescribed by law.
Article 60 The term of each National People's Congress shall be five years.
The Standing Committee of the National People's Congress must complete the election of deputies to the next National People's Congress two months prior to the expiration of the term of the current National People's Congress. If extraordinary circumstances prevent the election from being held, the election may be postponed and the term of the current National People's Congress may be extended by a vote of at least two-thirds of the component members of the Standing Committee of the current National People's Congress. The election of deputies to the next National People's Congress must be completed within one year after the cessation of extraordinary circumstances.
Article 61 A session of the National People's Congress shall be held once every year and convened by the Standing Committee of the National People's Congress. If the Standing Committee of the National People's Congress deems it necessary, or one-fifth or more of deputies to the National People's Congress so propose, a session of the National People's Congress may be convened in the interim.
When the National People's Congress holds a session, it shall elect a presidium to preside over the session.
Article 62 The National People's Congress shall exercise the following functions and powers:
(1) To amend the Constitution;
(2) To oversee the implementation of the Constitution;
(3) To enact and revise basic laws governing criminal offenses, civil affairs, state institutions, and other matters;
(4) To elect the President and the Vice President of the People’s Republic of China;
(5) To decide, based on nomination by the President of the People’s Republic of China, on the person for the office of the Premier of the State Council; decide, based on nominations by the Premier of the State Council, on the persons for the offices of Vice Premiers, State Councilors, Ministers of ministries, Ministers of commissions, the Auditor-General, and the Secretary-General of the State Council;
(6) To elect the Chairperson of the Central Military Commission and decide, based on nominations by the Chairperson of the Central Military Commission, on other members of the Central Military Commission;
(7) To elect the Chairperson of the National Commission of Supervision;
(8) To elect the President of the Supreme People's Court;
(9) To elect the Procurator-General of the Supreme People's Procuratorate;
(10) To examine and approve reports on national economic and social development plans and their implementation;
(11) To examine and approve reports on state budgets and their execution;
(12) To change or revoke inappropriate decisions of the Standing Committee of the National People's Congress;
(13) To approve the establishment of provinces, autonomous regions, and cities directly under the Central Government;
(14) To decide on the establishment of special administrative regions and the systems to be instituted in such regions;
(15) To decide on matters of war and peace; and
(16) To exercise other functions and powers that shall be exercised by the highest organ of state power.
Article 63 The National People's Congress shall have power to remove from office the following personnel:
(1) The President and the Vice President of the People's Republic of China;
(2) The Premier, Vice Premiers, State Councilors, Ministers of ministries, Ministers of commissions, the Auditor-General, and the Secretary-General of the State Council;
(3) The Chairperson of the Central Military Commission and other members of the Central Military Commission;
(4) The Chairperson of the National Commission of Supervision;
(5) The President of the Supreme People's Court; and
(6) The Procurator-General of the Supreme People's Procuratorate.
Article 64 Amendments to the Constitution shall be proposed by the Standing Committee of the National People's Congress or by one-fifth or more of deputies to the National People's Congress and shall be adopted by a vote of at least two-thirds of deputies to the National People's Congress.
Laws and other proposals shall be adopted by a majority vote of all deputies to the National People's Congress.
Article 65 The Standing Committee of the National People's Congress shall be composed of the following personnel:
A Chairperson,
Vice Chairpersons,
A Secretary-General, and
Members.
There shall be an appropriate number of ethnic minority deputies who sit as component members on the Standing Committee of the National People's Congress.
The National People's Congress shall elect, and have power to remove from office, component members of the Standing Committee of the National People's Congress.
No component member of the Standing Committee of the National People's Congress shall hold office in any administrative, supervisory, adjudicatory, or procuratorial organ of the state.
Article 66 The term of the Standing Committee of each National People's Congress shall be the same as that of the National People's Congress. The Standing Committee shall exercise its functions and powers until a new Standing Committee is elected by the next National People's Congress.
The Chairperson and Vice Chairpersons of the Standing Committee shall not serve more than two consecutive terms.
Article 67 The Standing Committee of the National People's Congress shall exercise the following functions and powers:
(1) To interpret the Constitution and oversee its implementation;
(2) To enact and revise laws other than those that shall be enacted by the National People's Congress;
(3) To partially supplement and amend laws enacted by the National People's Congress when the National People's Congress is not in session, provided such changes do not contravene the basic principles of those laws;
(4) To interpret laws;
(5) To examine and approve necessary partial adjustments to national economic and social development plans and state budgets during their implementation when the National People's Congress is not in session;
(6) To oversee the work of the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People's Court, and the Supreme People's Procuratorate;
(7) To revoke administrative regulations, decisions, and orders enacted by the State Council that contravene the Constitution or laws;
(8) To revoke local regulations and resolutions adopted by organs of state power in provinces, autonomous regions, and cities directly under the Central Government that contravene the Constitution, laws, or administrative regulations;
(9) To decide, based on nominations by the Premier of the State Council, on the persons for the offices of Ministers of ministries, Ministers of commissions, the Auditor-General, and the Secretary-General of the State Council when the National People's Congress is not in session;
(10) To decide, based on nominations by the Chairperson of the Central Military Commission, on other members of the Central Military Commission when the National People's Congress is not in session;
(11) To appoint or remove, based on recommendations by the Chairperson of the National Commission of Supervision, Vice Chairpersons, and members of the National Commission of Supervision;
(12) To appoint or remove, based on recommendations by the President of the Supreme People's Court, Vice Presidents, judges, and members of the Adjudicatory Committee of the Supreme People's Court and the President of the Military Court;
(13) To appoint or remove, based on recommendations by the Procurator-General of the Supreme People's Procuratorate, Deputy Procurators-General, procurators, and members of the Procuratorial Committee of the Supreme People's Procuratorate and the Chief Procurator of the Military Procuratorate; and to approve the appointment or removal of Chief Procurators of the people's procuratorates of provinces, autonomous regions, and cities directly under the Central Government;
(14) To decide on the appointment or removal of plenipotentiaries;
(15) To decide on the ratification or abrogation of treaties and important agreements concluded with foreign states;
(16) To establish systems of titles and ranks for military and diplomatic personnel and other field-specific title and ranking systems;
(17) To create national medals and honorary titles and decide on their conferment;
(18) To decide on the granting of special pardon;
(19) To decide on the declaration of a state of war in the event of armed aggression against the country or in fulfillment of international treaty obligations concerning common defense against aggression when the National People's Congress is not in session;
(20) To decide on national or local mobilization;
(21) To decide on entering a state of emergency nationwide or in a particular province, autonomous region, or city directly under the Central Government; and
(22) To exercise other functions and powers accorded to it by the National People's Congress.
Article 68 The Chairperson of the Standing Committee of the National People's Congress shall preside over the work of the Standing Committee of the National People's Congress and convene meetings of the Standing Committee of the National People's Congress. The Vice Chairpersons and the Secretary-General shall assist in the work of the Chairperson.
The Chairperson, Vice Chairpersons, and the Secretary-General constitute the Council of Chairpersons, which shall handle important day-to-day work of the Standing Committee of the National People's Congress.
Article 69 The Standing Committee of the National People's Congress shall be responsible to the National People's Congress and report to the National People's Congress on its work.
Article 70 The National People's Congress shall establish an Ethnic Affairs Committee, a Constitution and Law Committee, a Financial and Economic Committee, an Education, Science, Culture, and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee, and other special committees as necessary. When the National People's Congress is not in session, all special committees shall be under the leadership of the Standing Committee of the National People's Congress.
The special committees shall research, deliberate, and draw up relevant proposals under the leadership of the National People's Congress and the Standing Committee of the National People's Congress.
Article 71 When the National People's Congress or its Standing Committee deems it necessary, it may set up an investigation committee on a specific issue and, based on the report of the investigation committee, adopt an appropriate resolution.
When an investigation committee conducts an investigation, all state organs, social organizations, and citizens concerned shall have the obligation to provide it with necessary information.
Article 72 Deputies to the National People's Congress and component members of the Standing Committee of the National People's Congress shall have power, in accordance with procedures prescribed by law, to submit proposals within the scope of the respective functions and powers of the National People's Congress and its Standing Committee.
Article 73 Deputies to the National People's Congress, when the National People's Congress is in session, and component members of its Standing Committee, when the Standing Committee meets, shall have power, in accordance with procedures prescribed by law, to raise inquiries to the State Council or its ministries and commissions. The State Council, the ministries, or the commissions under inquiry must take responsibility for answering.
Article 74 No deputy to the National People's Congress shall be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress or, when the National People's Congress is not in session, the consent of its Standing Committee.
Article 75 Deputies to the National People's Congress shall not be subject to legal liability for their statements and votes at meetings of the National People's Congress.
Article 76 Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and assist in the implementation of the Constitution and the law in the production, work, and public activities they participate in.
Deputies to the National People's Congress shall maintain close contact with their electoral units and the people who elected them, heed and convey the opinions and demands of the people, and work hard to serve the people.
Article 77 Deputies to the National People's Congress shall be subject to the oversight of the electoral units. Their electoral units shall have power to remove them from office in accordance with procedures prescribed by law.
Article 78 The organization and working procedures of the National People's Congress and its Standing Committee shall be prescribed by law.