Background

The System of People's Congress

(npc.gov.cn)
Updated: 2010-02-09 09:57

Introduction of the System of People's Congress

The system of people's congresses is the basic political system of China. The Constitution of the People's Republic of China prescribes that all power of the state belongs to the people. The National People's Congress(NPC) and local people's congresses at all levels are the organs through which the people exercise state power. The people's congresses at all levels are constituted through democratic elections, and they are responsible to the people and subject to their oversight. The administrative, judicial and procuratorial organs of the state are created by the people's congresses, to which they are responsible and by which they are overseen.

The First Session of the First NPC held in Beijing on September15,1954,symbolizes the systematic nationwide establishment of the system of people's congresses. Events over the past 50 years have proven that this system conforms to the conditions in China and can effectively guarantee that state power is always held by the people.This system has already become deeply rooted in China's land and among its people. As China advances, this system will surely be improved and developed.

China's Electoral System

There are five central and local levels of people's congresses in China. They are the National People's Congress, the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government, the people's congresses of cities divided into districts, and autonomous prefectures, the people's congresses of cities not divided into districts, municipal districts, counties and autonomous counties, and the people's congresses of townships, ethnic minority townships and towns. The people's congresses at all levels are constituted through democratic elections.

The basic points of China's electoral system are:

All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic background, race, sex, occupation, family background, religious belief, education level, property status or length of residence. People who have been deprived of their political rights according to law do not have the right to vote and stand for election. One voter has only one vote in each election.

Deputies to the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, ethnic minority townships and towns are elected directly by their constituencies. Deputies to the NPC and the people's congresses of the provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures are elected by the people's congresses at the next lower level.

All political parties and mass organizations may either jointly or separately recommend candidates to be deputies. Candidates may also be recommended by a minimum of 10 voters in a direct election and 10 deputies in an indirect election.

In both direct and indirect elections, the number of candidates must exceed the number of delegates to be elected and the elections must be competitive. In a direct election, the number of candidates should exceed the number to be elected by one-third to 100%. In an indirect election, the number of candidates should exceed the number to be elected by 20% to 50%.

Voters may vote for a candidate, vote against a candidate, vote for someone else, or abstain. In a direct election, more than half of the eligible voters in the election district must vote in order for the election to be valid, and candidates who receive the votes of a majority of the voters are elected. In an indirect election, candidates receiving the votes of a majority of the deputies voting are elected. The costs of elections are paid for out of the state treasury.

China's Legislative System

China is a unified multiethnic country with a unitary political system. To ensure that the legal system remains unified yet at the same time adapts to the uneven economic, political and cultural development or different areas, China practices a unified, multilevel legislative system.

The NPC and its Standing Committee exercise the state power to make laws.The NPC enacts and amends basic laws pertaining to criminal offences, civil affairs, state organs and other matters. The Standing Committee enacts and amends all laws except for basic laws that should be enacted by the NPC. When the NPC is not in session, its Standing Committee may partially supplement and revise laws enacted by the NPC, provided that the changes do not contravene the laws' basic principles.

The State Council formulates administrative regulations in accordance with the Constitution and other laws and reports them to the NPC for records.

In line with the specific conditions and actual needs of their administrative regions and on condition that they do not violate the Constitution or other state laws and administrative regulations, the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government, as well as their standing committees, may work out local statutes and report them to the NPC Standing Committee and the State Council for record.In light of their specific conditions and actual needs and on condition that they do not conflict with the Constitution, other laws and administrative regulations or local statutes passed by their provinces or autonomous regions, the people's congresses and their standing committees of larger cities may enact local statutes and submit them to the standing committees of the people's congresses of their provinces or autonomous regions for approval before they take effect. In addition, these standing committees shall record the local statutes with the NPC Standing Committee and the State Council.

The people's congresses of national autonomous areas have the power to formulate regulations concerning autonomy and local needs in light of their own local political, economic and cultural conditions.These regulations of autonomous regions take effect after they are approved by the NPC Standing Committee. Such regulations made by autonomous prefectures or counties take effect after they are approved by the standing committees of the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government; in addition, these standing committees shall record the regulations with the NPC Standing Committee and the State Council.

In China's multilevel legislative system, laws promulgated at different levels do not have the same effect. The Constitution has the highest legal validity, and no other laws, administrative regulations, local statutes, regulations concerning autonomy and local needs, or other regulations may violate the Constitution. State laws have greater force than administrative regulations, local statutes and regulations. State administrative regulations have greater force than local statutes and regulations, local statutes and regulations. State administrative regulations have greater force than local statutes and regulations.

The NPC has the power to alter or annul any inappropriate laws enacted by its Standing Committee. The NPC Standing Committee has the power to annul administrative regulations that go against the Constitution or laws concerned and revoke local statutes that contravene the Constitution, other laws or administrative regulations.