Law of the People's Republic of China on Oversight by the Standing Committees of the People's Congresses at Various Levels (Amended in 2024)
Law of the People's Republic of China on Oversight by the Standing Committees of the People's Congresses at Various Levels (Amended in 2024)
Law of the People's Republic of China on Oversight by the Standing Committees of the People's Congresses at Various Levels (Amended in 2024)
Order of the President of the People's Republic of China No. 39
November 8, 2024
(Adopted at the 23rd Session of the Standing Committee of the 10th National People's Congress on August 27, 2006; amended in accordance with the Decision of the Standing Committee of the 14th National People's Congress on Amending the Law of the People's Republic of China on Oversight by the Standing Committees of the People's Congresses at Various Levels adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024)
Contents
Chapter I General Provisions
Chapter II Hearing and Deliberation of Reports on Special Topics
Chapter III Oversight of Fiscal and Economic Work
Chapter IV Inspection of the Implementation of Laws and Regulations
Chapter V Filing and Review of Normative Documents
Chapter VI Inquiries, Special Inquiries, and Interpellations
Chapter VII Investigation of Specific Issues
Chapter VIII Deliberation and Decision on Proposals for Removal from Office
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to ensure that the National People's Congress (NPC) Standing Committee and the standing committees of the local people's congresses at or above the county level exercise their oversight powers in accordance with the law, uphold, improve, and ensure the effective operation of the system of people's congresses, develop socialist democratic politics, and advance comprehensive law-based governance.
Article 2 The standing committees of the people's congresses at various levels shall exercise their oversight powers in accordance with the Constitution and relevant laws.
The procedures for the standing committees of the people's congresses at various levels to exercise their oversight powers shall be governed by this Law; where this Law contains no provisions, the relevant laws shall apply.
Article 3 In exercising their oversight powers, the standing committees of the people's congresses at various levels shall uphold the leadership of the Communist Party of China; follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; adhere to the path of socialism with Chinese characteristics; ensure the full and effective implementation of the Constitution, laws, and regulations; and ensure that administrative, supervisory, adjudicative, and procuratorial powers are exercised correctly in accordance with the law.
Article 4 In exercising their oversight powers, the standing committees of the people's congresses at various levels shall focus on the overall work of the Party and the State, center on economic development, adhere to reform and opening up, implement the new development philosophy, promote high-quality development, and safeguard the comprehensive building of a modern socialist country and the great rejuvenation of the Chinese nation through Chinese modernization.
Article 5 The NPC Standing Committee shall oversee the implementation of the Constitution and laws. Local people's congresses at various levels and their standing committees shall, within their respective administrative regions, ensure compliance with and implementation of the Constitution, laws, administrative regulations, and the resolutions of the people's congresses at higher levels and their standing committees, and shall safeguard the unity, dignity, and authority of the rule of law of the State.
Article 6 The standing committees of the people's congresses at various levels shall exercise oversight over the work of the people's governments, supervisory commissions, people's courts, and people's procuratorates at the corresponding levels, conduct proper, effective, and law-based oversight, and promote law-based administration, law-based supervision, and impartial justice.
The people's governments, supervisory commissions, people's courts, and people's procuratorates at various levels shall strictly exercise their powers and functions, perform their duties, and carry out work in accordance with the law, and shall consciously accept the oversight of the standing committees of the people's congresses at the corresponding levels.
Article 7 In exercising their oversight powers, the standing committees of the people's congresses at various levels shall uphold and develop whole-process people's democracy, respect and protect human rights, and safeguard and promote social fairness and justice.
The standing committees of the people's congresses at various levels shall expand the participation of deputies to the people's congresses in oversight work and give full play to the role of deputies.
Article 8 The standing committees of the people's congresses at various levels shall exercise their oversight powers collectively in accordance with the principle of democratic centralism.
Article 9 The standing committees of the people's congresses at various levels shall report on the exercise of their oversight powers to the people's congresses at the corresponding levels and accept their supervision.
Article 10 The exercise of oversight powers by the standing committees of the people's congresses at various levels shall be made public.
Chapter II Hearing and Deliberation of Reports on Special Topics
Article 11 The standing committees of the people's congresses at various levels shall, each year, select a number of major issues concerning the overall situation of reform, development, and stability, as well as issues of vital interest to the people and of widespread public concern, and shall, in a planned manner, arrange to hear and deliberate on reports on special topics submitted by the people's governments, supervisory commissions, people's courts, and people's procuratorates at the corresponding levels.
Article 12 The items for hearing and deliberating on reports on special topics submitted by the people's governments, supervisory commissions, people's courts, and people's procuratorates at the corresponding levels shall be determined in accordance with relevant laws and on the basis of issues reflected through the following channels:
(1) Prominent issues identified by the standing committee of the people's congress at the corresponding level in the course of inspections of the enforcement of laws;
(2) Issues that are prominently reflected in the suggestions, criticisms, and opinions put forward by deputies to the people's congress at the corresponding level regarding the work of the people's government, supervisory commission, people's court, and people's procuratorate;
(3) Issues relatively concentrated in the proposals put forward by members of the standing committee of the people's congress at the corresponding level;
(4) Prominent issues identified in investigations and research conducted by the relevant special committees of the people's congress at the corresponding level or the relevant working bodies of its standing committee;
(5) Issues prominently reflected in letters and visits from the people; and
(6) Other issues of widespread public concern.
The people's government, supervisory commission, people's court, and people's procuratorate may request to report on special topics to the standing committee of the people's congress at the corresponding level.
The standing committee shall, in accordance with the law, hear and deliberate on the report of the people's government at the corresponding level on the state of the environment and the completion of environmental protection targets.
Article 13 Before the standing committee hears and deliberates on a report on a special topic, the Council of Chairpersons of the NPC Standing Committee or that of a local people's congress (hereinafter referred to as the “ Council of Chairpersons”)may organize members of the standing committee of the people's congress at the corresponding level and deputies to the people's congress at the corresponding level to conduct inspections or special investigations and research concerning the relevant work.
The standing committee may arrange for deputies who have participated in such inspections or special investigations and research to attend meetings of the standing committee as non-voting participants, hear the report on the special topic, and put forward opinions.
Before the standing committee hears and deliberates on a report on a special topic, the relevant special committees of the people's congress at the corresponding level or the relevant working bodies of the standing committee may conduct special investigations and research, prepare reports thereon, and distribute them to the meeting of the standing committee.
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Order of the President of the People's Republic of China No. 39
November 8, 2024
(Adopted at the 23rd Session of the Standing Committee of the 10th National People's Congress on August 27, 2006; amended in accordance with the Decision of the Standing Committee of the 14th National People's Congress on Amending the Law of the People's Republic of China on Oversight by the Standing Committees of the People's Congresses at Various Levels adopted at the 12th Session of the Standing Committee of the 14th National People's Congress on November 8, 2024)
Contents
Chapter I General Provisions
Chapter II Hearing and Deliberation of Reports on Special Topics
Chapter III Oversight of Fiscal and Economic Work
Chapter IV Inspection of the Implementation of Laws and Regulations
Chapter V Filing and Review of Normative Documents
Chapter VI Inquiries, Special Inquiries, and Interpellations
Chapter VII Investigation of Specific Issues
Chapter VIII Deliberation and Decision on Proposals for Removal from Office
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution to ensure that the National People's Congress (NPC) Standing Committee and the standing committees of the local people's congresses at or above the county level exercise their oversight powers in accordance with the law, uphold, improve, and ensure the effective operation of the system of people's congresses, develop socialist democratic politics, and advance comprehensive law-based governance.
Article 2 The standing committees of the people's congresses at various levels shall exercise their oversight powers in accordance with the Constitution and relevant laws.
The procedures for the standing committees of the people's congresses at various levels to exercise their oversight powers shall be governed by this Law; where this Law contains no provisions, the relevant laws shall apply.
Article 3 In exercising their oversight powers, the standing committees of the people's congresses at various levels shall uphold the leadership of the Communist Party of China; follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; adhere to the path of socialism with Chinese characteristics; ensure the full and effective implementation of the Constitution, laws, and regulations; and ensure that administrative, supervisory, adjudicative, and procuratorial powers are exercised correctly in accordance with the law.
Article 4 In exercising their oversight powers, the standing committees of the people's congresses at various levels shall focus on the overall work of the Party and the State, center on economic development, adhere to reform and opening up, implement the new development philosophy, promote high-quality development, and safeguard the comprehensive building of a modern socialist country and the great rejuvenation of the Chinese nation through Chinese modernization.
Article 5 The NPC Standing Committee shall oversee the implementation of the Constitution and laws. Local people's congresses at various levels and their standing committees shall, within their respective administrative regions, ensure compliance with and implementation of the Constitution, laws, administrative regulations, and the resolutions of the people's congresses at higher levels and their standing committees, and shall safeguard the unity, dignity, and authority of the rule of law of the State.
Article 6 The standing committees of the people's congresses at various levels shall exercise oversight over the work of the people's governments, supervisory commissions, people's courts, and people's procuratorates at the corresponding levels, conduct proper, effective, and law-based oversight, and promote law-based administration, law-based supervision, and impartial justice.
The people's governments, supervisory commissions, people's courts, and people's procuratorates at various levels shall strictly exercise their powers and functions, perform their duties, and carry out work in accordance with the law, and shall consciously accept the oversight of the standing committees of the people's congresses at the corresponding levels.
Article 7 In exercising their oversight powers, the standing committees of the people's congresses at various levels shall uphold and develop whole-process people's democracy, respect and protect human rights, and safeguard and promote social fairness and justice.
The standing committees of the people's congresses at various levels shall expand the participation of deputies to the people's congresses in oversight work and give full play to the role of deputies.
Article 8 The standing committees of the people's congresses at various levels shall exercise their oversight powers collectively in accordance with the principle of democratic centralism.
Article 9 The standing committees of the people's congresses at various levels shall report on the exercise of their oversight powers to the people's congresses at the corresponding levels and accept their supervision.
Article 10 The exercise of oversight powers by the standing committees of the people's congresses at various levels shall be made public.
Chapter II Hearing and Deliberation of Reports on Special Topics
Article 11 The standing committees of the people's congresses at various levels shall, each year, select a number of major issues concerning the overall situation of reform, development, and stability, as well as issues of vital interest to the people and of widespread public concern, and shall, in a planned manner, arrange to hear and deliberate on reports on special topics submitted by the people's governments, supervisory commissions, people's courts, and people's procuratorates at the corresponding levels.
Article 12 The items for hearing and deliberating on reports on special topics submitted by the people's governments, supervisory commissions, people's courts, and people's procuratorates at the corresponding levels shall be determined in accordance with relevant laws and on the basis of issues reflected through the following channels:
(1) Prominent issues identified by the standing committee of the people's congress at the corresponding level in the course of inspections of the enforcement of laws;
(2) Issues that are prominently reflected in the suggestions, criticisms, and opinions put forward by deputies to the people's congress at the corresponding level regarding the work of the people's government, supervisory commission, people's court, and people's procuratorate;
(3) Issues relatively concentrated in the proposals put forward by members of the standing committee of the people's congress at the corresponding level;
(4) Prominent issues identified in investigations and research conducted by the relevant special committees of the people's congress at the corresponding level or the relevant working bodies of its standing committee;
(5) Issues prominently reflected in letters and visits from the people; and
(6) Other issues of widespread public concern.
The people's government, supervisory commission, people's court, and people's procuratorate may request to report on special topics to the standing committee of the people's congress at the corresponding level.
The standing committee shall, in accordance with the law, hear and deliberate on the report of the people's government at the corresponding level on the state of the environment and the completion of environmental protection targets.
Article 13 Before the standing committee hears and deliberates on a report on a special topic, the Council of Chairpersons of the NPC Standing Committee or that of a local people's congress (hereinafter referred to as the “ Council of Chairpersons”)may organize members of the standing committee of the people's congress at the corresponding level and deputies to the people's congress at the corresponding level to conduct inspections or special investigations and research concerning the relevant work.
The standing committee may arrange for deputies who have participated in such inspections or special investigations and research to attend meetings of the standing committee as non-voting participants, hear the report on the special topic, and put forward opinions.
Before the standing committee hears and deliberates on a report on a special topic, the relevant special committees of the people's congress at the corresponding level or the relevant working bodies of the standing committee may conduct special investigations and research, prepare reports thereon, and distribute them to the meeting of the standing committee.
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