Explainer | What's China's People's Congress System?
On Feb. 24, the Standing Committee of the 13th National People's Congress (NPC) concluded its 39th session in Beijing. At the closing meeting, the Standing Committee confirmed the validity of 2,977 deputies to the 14th NPC, 59 more than the 13th. What are the roles of those deputies and what is China's People's Congress System? This explainer will help improve your grasp of this system.
What is the People's Congress System?
人民代表大会制度 The People's Congress System is China's fundamental political system, one of the fundamental systems of the Socialism with Chinese Characteristics. The other three fundamental systems are 社会主义制度 the socialist system, 中国共产党的领导制度 the leadership of the Communist Party of China, and 马克思主义的指导思想制度 Marxism as the guiding thought.
The creation of the People's Congress System is determined by the state system of the People's Republic of China. As defined by the Constitution of the People's Republic of China (PRC) Article 2 All power in the PRC belongs to the people, the People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants, and this definition of the state system is reflected in the People's Congress System which allows the people to exercise state power.
The People's Congress controls the state power, and it elects the state administrative, supervisory, judicial, and procuratorial organs, i.e. The State Council and 各级人民政府 the People's government at all administrative levels, 国家监察委员会 the National Supervision Commission and its 各级监察委员会 local branches, 最高人民法院 the Supreme People's Court and 各级人民法院 people's courts at lower ranks, 最高人民检察院 the Supreme People's Procuratorate and 各级人民检察院 people's procuratorate at lower levels. All of the state organs are responsible to the People's Congresses and subject to their supervision.
In total, there are 5 levels of the People's Congress. In reverse order, they are:
全国人大 the National People's Congress
各省、直辖市和自治区人大 People's Congresses at the level of province, city under the direct administration of the central government and autonomous region
地级市、州人大 People's Congresses at the prefecture-level
县、区级人大 People's Congresses at the county or district level
乡、镇人大 People's Congresses at the township level
The structure of the People's Congress
Because all the lower-ranking People's Congresses imitate the structure of the national congress, this explainer put more emphasis on the structure of 全国人大 the National People's Congress.
The National People's Congress (NPC) is 国家最高权力机关 the highest state organ of power. Its permanent organ is 全国人大常务委员会 the National People's Congress Standing Committee. The National People's Congress Standing Committee is composed of the chairperson, i.e. 全国人大常委会委员长 The Chairperson of the National People National People's Congress Standing Committee, 副委员长 vice chairpersons, a 秘书长 secretary general, and 委员 members.
Once every year, a session of the National People's Congress shall be held and convened by the National People's Congress Standing Committee. If the National People's Congress Standing Committee deems it necessary, or one-fifth or more of National People's Congress deputies propose, a session of the National People's Congress may be convened in the interim.
Another important part of the NPC is 全国人大常委会委员长会议 the Council of Chairpersons, which constitutes the chairperson, vice chairpersons, and the secretary general and handles the important day-to-day work of the National People's Congress Standing Committee.
The National People's Congress has 10 专门委员会 Special Committees. They are responsible for research, deliberation, and drawing up bills or proposals related to their fields under the leadership of the NPC's Standing Committee when the NPC is off-session. After multiple reforms and adjustments, the current 10 Special Committees are:
民族委员会 The Ethnic Affairs Committee
宪法和法律委员会 The Constitution and Law Committee (renamed after the 13th NPC)
监察和司法委员会 The Supervisory and Judicial Affairs Committee
财政经济委员会 The Financial and Economic Affairs Committee
教育科学文化卫生委员会 The Education, Science, Culture and Public Health Committee
外事委员会 The Foreign Affairs Committee
华侨委员会 The Overseas Chinese Affairs Committee
环境与资源保护委员会 The Environmental Protection and Resources Conservation Committee
农业与农村委员会 The Agriculture and Rural Affairs Committee
社会建设委员会 The Social Development Affairs Committee
Each special committee is comprised of a 主任 chairperson, several 副主任 vice-chairpersons, and other members. They are nominated by the Presidium of the NPC session and are approved by the NPC. When the NPC is not in session, the Standing Committee may appoint extra numbers of vice-chairpersons and other members of special committees nominated by the Council of Chairpersons.
The NPC also set up 代表资格审查委员会 the Credential Committee to examine the qualifications of deputies elected to the NPC, and the Standing Committee has working bodies including 法制工作委员会 the Legislative Affairs Commission, 预算工作委员会 Budgetary Affairs Commission, 香港特别行政区基本法委员会、澳门特别行政区基本法委员会 two basic law committees of Hong Kong, Macao Special Administrative Regions.
What's the function of the NPC?
To amend the Constitution and to supervise its enforcement
Only the NPC has the power to amend the Constitution. Amendments to the Constitution must be proposed by the NPC Standing Committee or by more than one-fifth of NPC deputies and adopted by votes of more than two-thirds of all the deputies to the NPC.
The current Constitution was adopted in 1982 and amended in 1988, 1993, 1999, 2004, and 2018. The NPC also has the power to supervise its enforcement.
To enact and amend basic laws governing criminal offenses, civil affairs, the State organs, and other matters
For example, the NPC has enacted the Criminal Law, the Criminal Procedure Law, the Civil Law, the Civil Procedure Law, the Organic Law of the NPC, the Organic Law of the State Council, the Organic Law of Local People's Congresses and Local People's Governments, the Supervision Law, the Organic Law of the People's Courts, the Organic Law of the People's Procuratorates, the Law on Regional Ethnic Autonomy, the Electoral Law, the Law on Deputies to the NPC and to the Local People's Congresses at Various Levels, the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region.
To elect, decide to appoint, and remove office members of central State organs
The NPC elects the President and Vice-President of the People's Republic of China, the Chairperson, vice-chairperson, secretary-general, and members of its Standing Committee, as well as the director of the National Supervisory Commission.
It decides on the choice of the Premier of the State Council upon nomination by the President, and also decides on the choice of the vice-premiers, State councilors, ministers in charge of ministries or commissions, the governor of the People's Bank of China, and the auditor-general and secretary-general of the State Council, upon nomination by the Premier.
It elects the Chairman of the Central Military Commission and decides on the choice of all other members of this commission upon nomination by the Chairman.
It also elects the President of the Supreme People's Court and the Procurator General of the Supreme People's Procuratorate. It has the power to remove any of the above-mentioned officials from office.
The NPC not only has the power to elect these officials but also the power to remove them.
To determine major State issues
The NPC is mandated to review and approve reports on the plan for national economic and social development and its implementation. It also reviews reports on the central and local budgets and their implementation. It can approve the establishment of provinces, autonomous regions and municipalities directly under the central government, decide on the establishment of special administrative regions and the systems to be instituted there, and decide on questions of war and peace.
For example, the establishment of the Hong Kong Special Administrative Region, the Macao Special Administrative Region, Hainan province, Chongqing Municipality, and the building of the Three Gorges Dam Project on the Yangtze River were all decided by the NPC.
What's the function of the NPC's Standing Committee?
The National People's Congress Standing Committee usually holds a meeting once every other month, usually late in even-numbered months. It may also hold interim meetings if there is a special need. The meetings are convened and chaired by the NPC Standing Committee Chairperson. In the first session of the 13th NPC, 175 members of the 13th NPC Standing Committee were elected, and they have been performing their duties since March 2018. It should be heeded that, unlike NPC deputies, members of the Standing Committee should not hold office in any of the State's administrative, supervisory, judicial, or procuratorial organs, and this is a full-time occupation. Different from Standing Committee members, deputies at all levels of the People's Congress work part-time and can still hold their original jobs, and being an NPC deputy is not a paid service.
Each NPC Standing Committee shall have the same term of office as that of the National People's Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the next National People's Congress.
To interpret the Constitution and oversee its enforcement; to enact and amend laws other than those that should be enacted by the National People's Congress; when the National People's Congress is out of session, partially supplementing and amending laws enacted by the National People's Congress but without conflicting with the basic principles of those laws; to interpret laws
When the National People's Congress is out of session, the Standing Committee will review and approve partial adjustments to the plan for national economic and social development and the state budget that must be made in the course of implementation
To oversee the work of the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People's Court and the Supreme People's Procuratorate
To revoke administrative regulations, decisions and orders formulated by the State Council that are in conflict with the Constitution or laws
To revoke local regulations and resolutions formulated by the state organs of power in provinces, autonomous regions and cities directly under central government jurisdiction that are in conflict with the Constitution, laws, or administrative regulations
When the National People's Congress is out of session, the Standing Committee will decide, based on nominations by the premier of the State Council, on successful candidates for ministers of ministries, ministers of commissions, the auditor general, and the secretary general of the State Council
When the National People's Congress is out of session, the Standing Committee will decide, based on nominations by the chairperson of the Central Military Commission, on successful candidates for other members of the Central Military Commission
To appoint or remove, based on recommendations by the chairperson of the National Commission of Supervision, vice chairpersons and members of the National Commission of Supervision
Based on recommendations by the president of the Supreme People's Court, to remove or appoint vice presidents, judges and Adjudicatory Committee members of the Supreme People's Court, and the president of the Military Court
Based on recommendations by the procurator general of the Supreme People's Procuratorate, to remove or appoint deputy procurators general, procurators and Procuratorial Committee members of the Supreme People's Procuratorate, and the chief procurator of the Military Procuratorate; approve the appointment or removal of chief procurators of the people's procuratorates of provinces, autonomous regions and cities directly under central government jurisdiction
To decide on the appointment or removal of plenipotentiary representatives abroad, the ratification or abrogation of treaties and important agreements concluded with foreign countries
To stipulate systems of titles and ranks for military and diplomatic personnel and other field-specific title and ranking systems
To stipulate national medals and titles of honor and decide on their conferment
To decide on the granting of special pardons
When the National People's Congress is out of session, in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression, the Standing Committee will decide on declaring a state of war, national or local mobilization and state of emergency nationwide or in particular provinces, autonomous regions or cities directly under central government jurisdiction
Other functions and powers accorded to it by the National People's Congress.
How were the deputies of the National People's Congress elected?
Let's dive into laws and check how the electoral law stipulates deputy election and how many votes they have to receive based on 中华人民共和国全国人民代表大会和地方各级人民代表大会选举法 the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China
Deputies to the National People's Congress and to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people's congresses at the next lower level. In other words, deputies to the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns shall be elected directly by their constituencies.
Who has the right to be elected?
All citizens of the People's Republic of China who have reached the age of 18 shall 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.
Persons who have been deprived of political rights according to law shall not have the right to vote and stand for election
How to determine the number of deputies?
The number of deputies to the National People's Congress shall not exceed 3,000. The allocation of the number of deputies shall be decided by the Standing Committee of the National People's Congress in accordance with existing conditions.
At the provincial level, the base number of deputies to the people's congress of a province, an autonomous region, or a municipality directly under the Central Government is 350. For a province or an autonomous region, one more deputy may be added for every 150,000 people, and for a municipality directly under the central government, one more deputy may be added for every 25,000 people. However, the total number of its deputies shall not exceed 1,000.
At the prefecture level, the base number of deputies to the people's congresses of a city divided into districts or an autonomous prefecture is 240. One more deputy may be determined for every 25,000 people; however, if the population of the city or autonomous prefecture exceeds 1,000,0000, the total number of its deputies shall not exceed 650
At the county level, the base number of deputies to the people's congresses of a county, an autonomous county, a city not divided into districts or a municipal district is 120. One more deputy may be added for every 5,000 people; however, if the population there exceeds 1,650,000, the total number of deputies shall not exceed 450; if the population is less than 50,000 people, the total number of deputies may be less than 120
At the township level, where voters can directly vote for deputies, the base number of deputies to the people's congress of a township, a nationality township or a town is 40. One more deputy may be added for every 1,500 people; however, if the population of a township or a nationality township exceeds 90,000, the total number of its deputies shall not exceed 100; if the population of a town exceeds 130,000, its total number of its deputies shall not exceed 130; if the population of a township, a nationality township or a town is less than 2,000, the total number of its deputies may be less than 40.
How to determine the Zoning of voting districts?
The zoning of electoral districts may be decided according to the voters' residence or on the basis of production units, institutions and work units. The zoning shall be decided on the basis of one to three deputies to be elected from each electoral district. The number of people represented by each deputy from an urban electoral district shall be generally the same. The number of people represented by each deputy from a rural electoral district shall be generally the same.
How are the deputies nominated?
The number of candidates for deputies to the national and local people's congresses shall be greater than the number of deputies to be elected.
The number of candidates for deputies to be directly elected by the voters shall be from 1/3 to 100 percent greater than the number of deputies to be elected; the number of candidates for deputies to be elected by various local people's congresses to the people's congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected.
Candidates for deputies to the people's congresses to be directly elected by the voters shall be nominated by the voters in the various electoral districts and by the various political parties and people's organizations.
How many votes does a deputy need to get?
A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.
In a direct election of deputies to the people's congresses, the election shall be valid, if more than half of all the voters in an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than half of the votes cast by the voters that take part in the election.
When a local people's congress at or above the county level is to elect deputies to a people's congress at the next higher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.
Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained more votes shall be elected.
What are the rights and roles that a deputy has?
According to the illustration of state structure on NPC website, deputies to the National People's Congress and members of the National People's Congress Standing Committee have the power to submit proposals within the scope of the respective functions and powers of the National People's Congress and the National People's Congress Standing Committee.
Deputies to the National People's Congress, when the Congress is in session, and members of the National People's Congress Standing Committee, when the Standing Committee is meeting, shall have the power, in accordance with procedures prescribed by law, to submit inquiries to the State Council or the ministries and commissions under it. Organs that receive such inquiries must take responsibility for answering them.
Deputies to the National People's Congress shall not be arrested or placed on criminal trial without the consent of the presidium of the current session of the National People's Congress or, when the Congress is out of session, the consent of the National People's Congress Standing Committee.
Secondly, according to 中华人民共和国全国人民代表大会和地方各级人民代表大会代表法 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, 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.
Qualified deputies to the National People's Congress and to the local people's congresses at various levels are elected according to law. Those elected 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.
They should maintain close contact 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. They are also subject to the supervision of the voters of the electoral districts or the electoral units that elected them.
Examples of deputies performing their duties
During the 13th National People's Congress (2018-2023), the NPC Standing Committee received 43,750 suggestions. Among them, 1,075 were received when the NPC was off-session. According to the NPC Standing Committee, all of them were processed by relevant departments
Fang Yan, a deputy of the National People's Congress, is a long-term law practitioner in Shaanxi Province. For years, she has committed herself to promote the protection of minors. After a series of field studies and investigations in Shaanxi, she proposed 26 motions and 128 recommendations, and participated in nearly 100 campaigns for the popularization of laws such as the Civil Code. In 2021, her proposals of "ensuring healthy internet surfing habits" and "providing assistance to families of 留守儿童 left-behind children in rural areas" were incorporated into 家庭教育促进法 the Family Education Promotion Law. Her "suggestions on establishing a pension trust system" and "suggestions on improving the protection of the rights and interests of the elderly," caught the attention of relevant administrative departments.
Chai Shanshan, a deputy of the National People's Congress and deliveryman of the China Post in Shanghai, attended a meeting organized by the Ministry of Human Resources and Social Security. Chai submitted his suggestions for enhancing the social security system for people working under flexible employment contracts to the NPC, and his suggestion got the attention of the ministry. In that meeting, ministry officials reported their work progress and plan, and informed deputies attending the meeting about unresolved issues. Similar mechanisms can be found in other ministries. Deputies can follow the whole process of making suggestions electronically, from suggestion submission to hearing feedback from relevant ministries or commissions. Deputies are ensured to have direct communication channels with relevant ministries.
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