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
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
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
Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992
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 Suspension of Performance of Functions as a Deputy and Disqualification of a Deputy
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 must play an exemplary role in abiding by the Constitution and the law and keeping State secrets and, in the production, work or public activities that they take part in, assist the enforcement of the Constitution and the law.
Article 4 Deputies shall maintain close contacts with the voters of the electoral districts or the electoral units that elected them and with the masses of the people, listen to and convey their opinions and demands, and strive to serve the people.
Article 5 Deputies shall be subject to the supervision of the voters of the electoral districts or the electoral units that elected them. The voters or the electoral units have the right to recall according to law the deputies they elected. The deputies to be recalled have the right to attend the meetings for recalling them to state their opinions or present a written statement of their opinions.
Article 6 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.
Chapter II Work of Deputies During a Session of the People's Congress at the Corresponding Level
Article 7 Deputies shall attend sessions of the people's congress at the corresponding level and exercise the functions and powers as deputies according to law.
Article 8 Deputies shall attend plenary meetings of a session, general meetings and group meetings of the delegation, deliberate on the bills or proposals and reports that have been placed 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.
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. Bills and proposals submitted shall consist of subjects, grounds and schemes.
Deliberations on a bill or proposal already placed on the agenda of a session shall be terminated upon approval by the Presidium of a request made by the sponsor deputy for its withdrawal before it is put to vote at the session.
Article 10 Deputies to the National People's Congress have the right, in accordance with the procedures prescribed by the Constitution, to submit to the National People's Congress bills on the amendment to the Constitution.
Article 11 Deputies shall participate in the elections conducted by the people's congress at the corresponding level.
Deputies to the National People's Congress have the right to advance opinions on candidates nominated by the Presidium for the component members of the Standing Committee of the National People's Congress, President and Vice-President of the People's Republic of China, Chairman of the Central Military Commission, President of the Supreme People's Court and Procurator-General of the Supreme People's Procuratorate and candidates for the various special committees of the National People's Congress.
Deputies to the local people's congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to nominate candidates for the component members of the standing committees of the people's congresses, leading members of the people's governments, presidents of the people's courts and procurators-general of the people's procuratorates at the corresponding levels, as well as candidates for the deputies to the people's congresses at the next higher levels, and have the right to advance opinions on the aforesaid candidates nominated according to law by the presidiums and deputies to the people's congresses at the corresponding levels.
Deputies to the people's congresses of townships, nationality townships or towns have the right, in accordance with the procedures prescribed by law, to nominate candidates for the leading members of the people's governments at the corresponding levels, and have the right to advance opinions on the aforesaid candidates nominated according to law by the presidiums and deputies to the people's congresses at the corresponding levels.
Deputies to the people's congresses at various levels have the right to advance opinions on the candidates for the presidiums of the people's congresses at the corresponding levels.
With respect to a candidate that has been determined, deputies may vote for or against, or vote another person instead, or abstain from voting.
Article 12 Deputies to the National People's Congress shall participate in deciding on the choice of the component members of the State Council, and Vice-Chairmen and members of the Central Military Commission.
Deputies to the National People's Congress and to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall participate in the vote for determining the component members of various special committees of the people's congresses at the corresponding levels.
Article 13 During deliberations on a bill or proposal, or a report, deputies may make inquiries to the relevant State organ at the corresponding level, and such organ shall send its leading cadre or a person in charge to answer the inquiries.
Article 14 During a session of the National People's Congress, a delegation or a group of thirty or more deputies have the right to make a proposal in writing for addressing inquiries to the State Council, ministries and commissions under the State Council, the Supreme People's Court and the Supreme People's Procuratorate.
Deputies to the people's congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people's governments and governmental departments, the people's courts and the people's procuratorates at the corresponding levels.
Deputies to the people's congresses of townships, nationality townships or towns have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people's governments at the corresponding levels.
In a proposal for addressing inquiries, the person to be inquired and the subject and content to be inquired about shall be clearly stated.
A proposal for addressing inquiries shall, according to a decision of the Presidium, be replied by the State organ inquiried.
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