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 2015)
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 2015)
[Lexis China Comments]
According to the Decision 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 the Local People's Congresses at Various Levels (Order of the President of the People's Republic of China No. 45), this document has been amended.
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 2015)
Order of the President No.33
August 29, 2015
(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992, amended for the first time in accordance with the Decision on Amending Certain Laws at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009, 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 Congresses at Various Levels at the 17th Session of the Standing Committee of the 11th National People's Congress on October 28, 2010, and amended for the third time in accordance with the Decision on Revising the Law of the People's Republic of China on the Organizations of Local People's Congresses and Local People's Governments, the Electoral Law of the People's Republic of China on the National People's Congress and Local People's Congresses and the 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 at the 16th Session of the Standing Committee of the 12th National People's Congress on August 29, 2015)
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 of Deputies
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The 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 (Revised in 2015) (hereinafter referred to as the "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 the 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 the 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 local 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 the corresponding levels, deliberating on 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, according to the law;
3. putting forward proposals, criticisms or opinions concerning a wide range of work;
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. having access to necessary information and all kinds of guarantees for their lawful performance of functions as deputies; and
7. other rights as stipulated by law.
Article 4 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 on time, seriously deliberating on all bills, reports and other issues, voicing their opinions and fulfilling all the relevant work during the sessions;
3. actively taking part in inspections, special investigations and surveys, law enforcement inspections and other activities for duty performance 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 conveying their opinions and demands, and serving the people with every effort;
6. abiding by social morality and being clean and honest, self-disciplined, impartial and upright, as well as diligent; and
7. other obligations as stipulated by law.
Article 5 Deputies' work carried out according to the provisions hereof, when the people's congresses at the corresponding levels are in session, and their activities conducted according to the provisions hereof, 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 for duty performance 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 by 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 the 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 well for their performance of duties during the sessions.
Article 8 Deputies shall attend plenary meetings of a session as well as 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 presidiums 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 A deputy has the right to submit in accordance with procedures prescribed by law to the people's congress at the corresponding level any bill or proposal within the scope of its functions and powers.
......
According to the Decision 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 the Local People's Congresses at Various Levels (Order of the President of the People's Republic of China No. 45), this document has been amended.
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 2015)
Order of the President No.33
August 29, 2015
(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992, amended for the first time in accordance with the Decision on Amending Certain Laws at the Tenth Session of the Standing Committee of the 11th National People's Congress on August 27, 2009, 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 Congresses at Various Levels at the 17th Session of the Standing Committee of the 11th National People's Congress on October 28, 2010, and amended for the third time in accordance with the Decision on Revising the Law of the People's Republic of China on the Organizations of Local People's Congresses and Local People's Governments, the Electoral Law of the People's Republic of China on the National People's Congress and Local People's Congresses and the 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 at the 16th Session of the Standing Committee of the 12th National People's Congress on August 29, 2015)
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 of Deputies
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The 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 (Revised in 2015) (hereinafter referred to as the "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 the 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 the 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 local 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 the corresponding levels, deliberating on 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, according to the law;
3. putting forward proposals, criticisms or opinions concerning a wide range of work;
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. having access to necessary information and all kinds of guarantees for their lawful performance of functions as deputies; and
7. other rights as stipulated by law.
Article 4 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 on time, seriously deliberating on all bills, reports and other issues, voicing their opinions and fulfilling all the relevant work during the sessions;
3. actively taking part in inspections, special investigations and surveys, law enforcement inspections and other activities for duty performance 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 conveying their opinions and demands, and serving the people with every effort;
6. abiding by social morality and being clean and honest, self-disciplined, impartial and upright, as well as diligent; and
7. other obligations as stipulated by law.
Article 5 Deputies' work carried out according to the provisions hereof, when the people's congresses at the corresponding levels are in session, and their activities conducted according to the provisions hereof, 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 for duty performance 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 by 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 the 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 well for their performance of duties during the sessions.
Article 8 Deputies shall attend plenary meetings of a session as well as 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 presidiums 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 A deputy has the right to submit in accordance with procedures prescribed by law to the people's congress at the corresponding level any bill or proposal within the scope of its functions and powers.
......