CHINA> Human Rights Progress
White paper on political democracy
(china.org.cn)
Updated: 2005-10-19 11:01

The NPC and the local people's congresses at various levels are established through democratic elections. They are responsible to the people and subject to their supervision. The Chinese Constitution states that all citizens who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except for persons deprived of political rights in accordance with the law. The deputies to the local people's congresses at county and township levels are elected directly by the electors. Over the years, the population that has enjoyed the right to vote and stand for election has accounted for more than 99 percent of the number of citizens at or above the age of 18, and the ratio of participation in elections has been around 90 percent. Due to China's realities, the deputies to the people's congresses above the county level are elected indirectly, that is, by the people's congress at the immediately lower level. A competitive election system is adopted in both direct and indirect elections in accordance with the law. The electors and the electoral units have the power to recall or replace deputies they have elected according to the procedures prescribed by law. At present, there are 2.8 million deputies to the people's congresses at all levels nationwide, and they are from various ethnic groups, trades, social strata and political parties and are therefore highly representative. The deputies from workers and farmers account for a considerable proportion of deputies to people's congresses at different levels. For instance, worker and farmer deputies account for 18.4 percent of the total number of deputies to the Tenth NPC (March 2003-March 2008). To ensure that state power is truly in the hands of the entire people, the deputies must convey and represent the interests and will of the people when exercising their functions and powers. They have the right to propose bills, examine and discuss bills and reports, and vote on bills in accordance with the law, and may not be held legally liable for their speeches or votes at the meetings of the people's congresses.

The Chinese Constitution and law stipulate that the term of office of each NPC and each of local people's congresses at various levels is five years, and the NPC meets in session once a year, and local people's congresses at various levels meet at least once a year. The Election Law of People's Congresses also prescribes that the number of deputies to each NPC shall not exceed 3,000. Since the number of deputies to the NPC is fairly large and makes it inconvenient to hold frequent meetings, the NPC Standing Committee is established in accordance with the stipulation of the Constitution to exercise the functions and powers of the highest organ of state power when the NPC is not in session. The NPC Standing Committee normally meets once every two months. It is composed of one chairperson, a number of vice-chairpersons, one secretary-general and a number of members. The Standing Committee of the Tenth NPC has 175 members, including one chairperson and 15 vice-chairpersons. Standing committees have also been established by local people's congresses at and above the county level. The members of the Standing Committee of the NPC and standing committees of the local people's congresses at and above the county level are elected from among the deputies to the people's congresses in competitive elections, and for the same term as the NPC and local people's congresses at the corresponding levels.

The people's congresses and their standing committees pursue a democratic style of work, draw on the wisdom of all deputies, and represent and convey the will and basic interests of the people. The principle of absolute majority is observed when the people's congresses and their standing committees vote on bills, that is, a bill can only be adopted by the agreement of more than half of the total number of members. Amendments to the Constitution are adopted by a vote of more than two-thirds of all the deputies to the NPC.

When the people's congresses and their standing committees hold meetings, persons in charge of departments concerned may attend as non-voting delegates, and the departments and individuals concerned may audit. Those attending as non-voting delegates have the right to speak, but not the right to vote. Those auditing are not entitled to speak. If they have any comment on the bills discussed by the standing committee, they may submit their opinions to the working organ of the standing committee in writing. In recent years, the standing committees in some localities have opened their doors to citizens who wish to be observers at their meetings. The auditors are chosen in sequence of applications of citizens.

The people's congresses have four main functions and powers: legislation, supervision, appointment and removal of officials, and making decisions on major issues. These functions are a major reflection of the way the Chinese people exercise their power as masters of the state through the system of people's congress.

- Power of legislation. The Chinese Constitution states that the NPC and its Standing Committee exercise the legislative power of the state, mainly to amend the Constitution, and enact and amend the basic laws concerning criminal offences, civil affairs, state organs and other matters. The people's congress at provincial level and its standing committee may, in the light of the specific conditions and practical needs of that particular administrative area, enact local regulations under the precondition that the regulations they enact must not contravene the Constitution, the law or the administrative regulations of the state. The people's congress of a big city and its standing committee may, in the light of the specific conditions and practical needs of the city, enact local regulations under the precondition that the regulations they enact must not contravene either the Constitution, the law or the administrative regulations of the state, or the regulations of the province or autonomous region the city belongs to, and submit the newly enacted local regulations to the standing committee of the people's congress of the province or autonomous region for approval before they are put into effect. The people's congress and its standing committee of a province or city that has special economic zones may, in line with authorization by the NPC, enact local regulations that take effect within the special economic zones. The people's congresses of the ethnic autonomous areas have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the ethnic group(s), and make appropriate adaptations of the laws and administrative regulations.