Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels (Amended in 2010)
Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels (Amended in 2010)
Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels (Amended in 2010)
Order of the President No. 38
October 28, 2010
Adopted at the 5th session of the 7th National People's Congress on April 3, 1992, amended for the first time in accordance with the Decision on Amending Some Laws at the 10th session of the Standing Committee of the 11th National People's Congress on August 27, 2009, and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Deputies to the National People's Congress and to Local People's Congress at All Levels at the 17th session of the Standing Committee of the 11th National People's Congress on October 28, 2010.
Contents
Chapter I General Provisions
Chapter II Work of Deputies During a Session of the People's Congress at the Corresponding Level
Chapter III Activities of Deputies When the People's Congress at the Corresponding Level Is Not in Session
Chapter IV Guarantees for the Performance of Functions as Deputies
Chapter V Supervision over Deputies
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution to ensure that deputies to the National People's Congress and deputies to the local people's congresses at various levels exercise their functions and powers, fulfill their duties and play their roles, according to law and in their capacity as deputies.
Article 2 Deputies to the National People's Congress and to the local people's congresses at various levels shall be elected according to law.
Deputies to the National People's Congress are component members of the highest organ of State power, and deputies to the local people's congresses at various levels are component members of the organs of State power at the corresponding levels.
Deputies to the National People's Congress and to the local people's congresses at various levels shall, representing the interests and will of the people, participate in the exercise of State power in accordance with the functions and powers vested in the people's congresses at the corresponding levels by the Constitution and relevant laws.
Article 3 Deputies shall be entitled to the following rights":
1. "Attending sessions of the people's congresses at corresponding levels, examining all bills, reports and other issues, and voicing their opinions";
2. "Jointly tabling bills, proposals for addressing inquiries, proposals for removal of officials from office and so on";
3. "Putting forward proposals, criticisms or opinions concerning the wide range of work as prescribed by relevant laws";
4. "Participating in elections which are held by the people's congresses at corresponding levels";
5. "Participating in votes which are held by the people's congresses at corresponding levels;"
6. "Accessing necessary information and all kinds of guarantees for their performance of functions as deputies"; and
7. "Other rights which are stipulated by law".
Aticle4: Deputies shall perform the following duties:
1. "Playing an exemplary role in abiding by the Constitution and the laws and safeguarding State secrets and, in the production, work or public activities which they take part in, facilitating the enforcement of the Constitution and the laws";
2. "Attending sessions of the people's congresses at corresponding levels timely, seriously examining all bills, reports and other issues, voicing their opinions and fulfill other types of duties during the sessions";
3. "Actively taking part in inspections, special investigations and surveys, and law-enforcement inspections which are organized in a unified way";
4. "Enhancing their study and research in relation to performance of their duties, and continuously increasing their capacity of performing their duties as deputies";
5. "Keeping in close touch with their respective constituencies or the electoral units as well as the general public, listening to and representing their opinions and serving the people";
6."Abiding by social morality and being clean, self-disciplined, decent and diligent"; and
7. "Other obligations which are stipulated by the law".
Article 5 Deputies' work carried out according to the provisions of this Law, when the people's congresses at the corresponding levels are in session, and their activities conducted according to the provisions of this Law, when the people's congresses at the corresponding levels are not in session, shall all constitute the performance of their functions as deputies.
The State and society shall provide guarantees for deputies in their performance of functions as deputies.
Deputies may not be released from their original employment. When attending sessions of the people's congresses at corresponding levels, or taking part in other activities which are organized in a unified way by the people's congresses when they are not in session, deputies shall make good arrangements for their respective work and give priority to the performance of their duties as deputies."
Article 6 Deputies shall be subject to the supervision of the voters of the electoral districts or the electoral units that elected them.
Chapter II Work of Deputies During a Session of the People's Congress at the Corresponding Level
Article 7 Deputies shall timely attend sessions which are held by the people's congresses at corresponding levels and shall ask for leave in line with relevant regulations if they cannot attend such sessions due to special reasons such as health problems.
Deputies shall, prior to attending the sessions which are held by the people's congresses at corresponding levels, listen to the opinions and proposals of the general public so as to prepare for their performance of duties during the sessions.
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Article 8 Deputies shall attend plenary meetings of a session and general and group meetings of the delegations which they belong to, and deliberate on the bills or reports which have been put on the agenda of a session.
Deputies may attend , upon recommendation or invitation, and as nonvoting participants, meetings of the Presidium or meetings of the special committees and advance their opinions.
Deputies shall voice their opinions concerning relevant subjects under discussion and shall comply with rules of procedure.
Article 9 Deputies have the right, in accordance with procedures prescribed by law, to submit to the people's congress at the corresponding level bills and proposals within the scope of its functions and powers.
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