The supreme agency of state power of the PRC is the NPC. Its composition includes, among others, the Standing Committee (SC NPC). We will describe in detail about the powers, terms, work and deputies of the All-China Assembly of People's Representatives in this article.
The timing
The term of office of the All-China Assembly of People's Representatives reaches five years. The Standing Committee is obligated to organize the election of a new NPC 60 days before the end of the term of the existing NPC. If, due to force majeure circumstances, such elections cannot be organized, then according to the law they can be postponed, and the working period of the existing NPC can be prolonged by a decision that is approved on the basis of a vote of more than 2/3 of the composition of the NPC.
NPC formation procedure
Elections of the All-China Assembly of People's Representatives are held 2 months before the termination of powers of the current department. The election process is indirect, that is, it contains several stages, and usually lasts 60 days. Moreover, military personnel and civilians vote separately. For ordinary citizens, the procedure is as follows: first, elections are held in provincial assemblies from counties and villages, then - in assemblies of megacities from districts, and only then the formation of the NPC is carried out. Military personnel and employees of defense enterprises choose representatives of the regiment. Of these delegates, the China General Congress of Representatives of Soldiers and Officers, and candidates from the NPC are already selected from them.
Number of counties
In the Middle Kingdom there is a group of large constituencies: 23 provincial; 5 - in independent (autonomous) regions; 4 - in megalopolises of federal subordination; 1 each in the special administrative districts of Hong Kong; District 1 is assigned to the military. Small nationalities of the PRC (there are 55 de jure), in accordance with the Basic Law, must have at least one deputy in the NPC.
Communists dominate this body. There are 8 more parties, but their influence is insignificant.
Representatives in the legislative body can be citizens of a country who are over 18 years old. Voting is permitted from the same age. People who have been deprived of their political rights (criminals and people accused of trying to undermine stability and coup) are deprived of the right to elect and be elected.
NPC members
NPC members cannot be called professional legislators. A deputy of the All-China Assembly of People's Representatives combines employment in ordinary work with activities in the NPC and is obliged to promote ongoing communication with the people. The legislation of the PRC specifically emphasizes the fact that the elected deputy must communicate with the structures and population of the country who choose him, report on the points of view, petitions and complaints of people and be a conscientious servant of the people. The reliability of the legal status of a member of the NPC is controlled by a special body, which is a structural unit of the Standing Committee (credentials committee). The functional structure of the Standing Committee sends the initiatives, criticism and own position expressed before the All-China Assembly of People's Representatives to the competent structures or institutions, and they must respond to them within 90 days after the end of the session, but no later than six months. If the deputy is not satisfied with the answer, then he is given the right to submit relevant comments sent by the NPC to the structures that sent the answer.
Deputies cannot be prosecuted or detained without the approval of the Presidium of the NPC (or the Standing Committee if the old session has already ended and the new one has not yet begun). If a member of the NPC is caught red-handed by law enforcement agencies, they must immediately notify the aforementioned agencies about this.
The procedure for the functioning of the NPC
The All-China Assembly of People's Representatives operates in sessions. The latter are held once every 12 months (usually at the end of the first – beginning or middle of the second quarter of the year) and last 14–21 days. Each year, the meeting is organized by the NPC SC, and a decision is made on this. It indicates the time of convocation, issues for discussion. Before the start of the session, this government body holds a preparatory meeting, which is chaired by one of the committee’s top officials. At such a meeting, the composition of the presidium is formed, the rules are developed and a list of issues is prepared that will be submitted for discussion in the NPC.
The work of the session involves holding meetings of the Presidium, working discussions of delegations of deputies, as well as plenary meetings. The latter discuss key issues. For example, reports on the work of the State Council, departments and other higher central institutions; issues related to the financial planning of revenues and expenses of the treasury; adoption of major legislative changes (reforming the provisions of the PRC Basic Law).
The NPC is also the legislative body, but the bulk of the bills are approved by the NPC SC.
The Presidium is considered the main structural unit of the All-China Assembly of People's Representatives.
Standing Committee of the All-China Assembly
This body works in conjunction with the existing NPC. In practice, since the cessation of the work of one assembly and the beginning of the work of another, it has been fulfilling the key tasks of the All-China Assembly of People's Representatives. The agency has several powers specific to the head of state. As a rule, it includes about one and a half hundred people together with the head, his deputies, the head of the secretariat and officials of this institution. Moreover, members of the Standing Committee of the All-China Assembly of People's Representatives do not have the right to work in supervisory departments, as well as in executive and judicial authorities. The heads (leader and his deputies) of this organization are prohibited from holding key positions for more than two consecutive terms. This rule does not apply to ordinary members.
The composition of the competence of the PC can be divided into 2 groups: their powers and the powers performed between the end of the work of the old and the start of operation of the newly elected NPC. The former include an explanation of the provisions of the Basic Law, legislation and constitutional supervision; lawmaking; supervision of the activities of the State Council, the Central Exhibition Complex, the supreme body of state supervision, and the highest court; approval of international agreements; introduction of the state of emergency in the country. The second includes incomplete reform of legislation adopted by the All-China Assembly of People's Representatives of the PRC; a change in the provisions adopted by the NPC budget; declaration of war and the conclusion of peace with other states. The list of powers of the NPC SC is not closed. The Standing Committee is elected for 5 years. In his work, he is guided by the regulations. The vital issues of the activity of this department in the intervals between its meetings are decided by the clerical unit that is part of it.
Lawmaking procedure
The bill may be proposed by the Presidium of the NPC, the Standing Committee, special commissions of the All-China Assembly, the State Council, and the highest judicial and supervisory authorities; groups of people's representatives (at least thirty people) and delegations. The algorithm for considering the initiatives will differ depending on who they put forward.
Draft normative acts proposed by all, with the exception of 30 deputies and delegations, are sent for study to delegations or they can be sent to specialized agencies (commissions). Then the Presidium decides the question of sending them for discussion to the All-China Assembly of Deputies.
As for the initiatives put forward by the deputies themselves or delegates, the situation here is different. There are 2 ways: the Presidium immediately sends the draft normative act for discussion at the All-China Assembly of People’s Representatives or it submits it for study to a special authority (commission). Due to this order, there are 2 “filters” for refusing consideration before the start of discussion on them in the NPC.
The stage of discussions regarding the draft normative act is prescribed in the regulation. If the legislative initiative is on the agenda, then the meeting listens for clarifications, and then the draft regulatory act is subject to study in each delegation, the commission of legislative initiatives and special departments. Then, the commission of legislative initiatives combines all the comments and generates a report for the leading structural unit of the NPC. It, in turn, passes it to the deputies and, after a certain period of time, votes. The latter algorithm is not contained in the Regulation.
The author of the draft normative act has the right to abandon his idea before the start of voting on the bill. In such a situation, the consideration of the corresponding initiative is "slowed down", and with the approval of the Presidium, it is completed.