The National People's Congress (NPC) is the supreme organ of state power in China. The NPC is composed of deputies elected from the provinces, autonomous regions and municipalities directly under the Central Government and deputies elected by the armed forces. Each congress is elected for a term of five years. A total population of 2,987 deputies were elected on the current 11th NPC before the first session was convened.
The NPC meets once in a year. An interim session of the NPC may be convened at any time if the Standing Committee of the NPC deems it necessary or if one-fifth of the its deputies so propose.
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Functions and Power of the National People's Congress:
To mend the Constitution and oversee its enforcement. Only the NPC has the power to amend the constitution. Amendment of the constitution must be proposed by the NPC Standing Committee or by one-fifth or more of the deputies, and it must be passed by two-third majority vote of the total member of the deputies. The Constitution of People's Republic of China was adopted by the First session of First NPC in 1954 and comprehensively revised by the NPC in 1982. The current Constitution is the one promulgated and put into effect after this revision. Since then, the constitution of China has been partially amended by the NPC on four occasions in 1988, 1993, 1999 and 2004. To defend the dignity of the Constitution and guarantee its enforcement the NPC also enjoys the power to oversee its enforcement.
To enact and amend basic laws governing criminal offences, civil affairs, state organ and other matters. The NPC has enact the Criminal Law, the Criminal Procedure Law, the Organic Law of NPC, the Organic law of State Council, the Organic Law of Local People's Congress or Local People's Government. The Marriage Law, the Citizenship Law, the Basic Law of Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region were also enacted by the NPC.
To elect or appoint members of central state organs. The NPC elect the Chairman, Vice-Chairman, Secretary-General and the other members of the Standing Committee. The NPC also elect the President and Vice-President of the People's Republic Of China. It appoint the premier of the State Council based on the nomination of the President of People's Republic of China and appoint the Vice-Premier, State Councilors, Ministers in charge of Ministries or Commissions. It elected the Chairman of the Central Military Commission and appoints all other member of the Central Military Commission based on the Chairman nominations. It also elect the President of the Supreme People's Court and the Procurator-General of Supreme People's Procuratorate. The NPC has the power to remove from offices any of the above-mentioned officials.
To determine major state issues. This work includes examining and approving the report on the plan for national economic and social development and on its implementation approving on establishment of provinces, autonomous region and municipalities directly under the Central Government; deciding where to establish special administrative region and what system they should institute; and deciding questions of war and peace. The establishment of Hong Kong Special Administrative Region, the Macao Special Administrative Region, Hainan provinces and judges of Supreme People's Court; it appoint or removes the deputy Procurator-General and Procurator of People's procuratorates of provinces, autonomous region and municipalities directly under the Central Government; and it appoint or recalls plenipotentiary representatives abroad.
State Council
The State Council that is, the Central People's Government of People's Republic of China is the executive body of the Supreme organ of state power; it is supreme organ of state administration. Term of office of the State Council is five years. The State Council is composed of the Premier; the Vice-Premier; the State Councillors; the Ministers in charge of Ministries; Ministers in charge of Commissions; the Auditor-General; the Secretary-General. The Premier direct the works if the State Council. The Vice-Premier and the State Councillors assist the Premier in his works. The Premier presides over the executive meetings and plenary meetings of the State Council.
Powers and Functions of the State Council:
(1) to adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the constitution and other law;
(2) to submit proposals to the National People's Congress or its Standing Committee;
(3) to formulate the tasks and responsibilities of the ministries and commissions of the State Council; to exercise unified leadership over the work of the ministries and commissions and to direct all the others works with national character that does not falls within the jurisdiction of the ministries and commissions;
(4) to exercise unified leadership over the work of local organs of State Administration at various levels throughout the country, and to formulate the detailed division of powers and function between the Central Government and the organ of State Administration of provinces, autonomous region and municipalities directly under the Central Government;
(5) to draw up implement the plan for national economic and social development and the State budget;
(6) to direct and administer economic affairs and urban and rural development;
(7) to direct and administer affairs of education, science, culture, public health, physical culture and family planning;
(8) to direct and administer civil affairs, public security, judicial administration, supervision and other related matters;
(9) to conduct foreign affairs and conclude treaties and agreements with foreign states;
(10) to direct and administers the building of national defence;
(11) to direct and administer affairs concerning nationalities and to safeguard the equal rights of minority nationalities and the right autonomy of national autonomous areas.
(12) to protect the legitimate rights and interests of Chinese nationals residing aboard and protect the lawful rights and interests of returned oversee Chinese and the family members of Chinese national residing aboard;
(13) to alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions;
(14) to alter or annul inappropriate decision and orders issued by the local organ of state administration at various level;
(15) to approve the geographic division of provinces, autonomous regions, municipalities directly under the Central Government and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities;
(16) in accordance with the provisions of law, to decide on entering into the state emergency in parts of provinces, autonomous regions and municipalities directly under the Central Government;
(17) to examine and decide on the size of administrative organs and, in accordance with the provisions of the law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and
(18) to exercise such other functions and powers as the National People's Congress or its Standing Committee may assign to it.
The State Council establishes an auditing body to supervise through the revenue and expenditure of all department under the State Council and if the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institution of the State. The State Council is responsible and reports on its work to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee.
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