Democratic Parties and Independents
60-849: The Hong Kong Autonomy Act is legislation passed by the United States Congress following the enactment in June 2020 by the Chinese Standing Committee of the National People's Congress of the Hong Kong national security law . The Act was signed into law by US President Donald Trump on 14 July 2020, and imposes sanctions on officials and entities in Hong Kong as well as in mainland China that are deemed to help violate Hong Kong's autonomy, and punishes financial institutions that do business with them. At
120-612: A secretary-general , and regular members. The chairman presides over the NPCSC, and presides and convenes its work. The chairman has conventionally been one of the top members of the Chinese Communist Party , ranking as either the second-ranking or third-ranking member of the Politburo Standing Committee since 1998. The chairman, vice chairpersons and the secretary-general collectively make up
180-528: A state of emergency throughout China or in particular provinces, autonomous regions or municipalities directly under the central government. When the NPC is not in session, the Standing Committee decides whether to proclaim a state of war in the event of an armed attack on China or in fulfillment of international treaty obligations concerning a common defense against aggression. The term of office of
240-641: A certain extent. With the abolition of the presidency in 1975, she effectively became the first female head of state in China by legal definition . In 1980, after the decision of the 5th National People's Congress , the "Committee for the Amendment of the Constitution of the People's Republic of China" was formally established, presided over by Ye Jianying , Soong Ching Ling and Peng Zhen , and including
300-463: A judicial one, and the functions are split so that the NPCSC provides legal interpretations while the Supreme People's Court actually decides cases. Because an interpretation of the NPCSC is legislative in nature and not judicial, it does not affect cases which have already been decided. The NPC Standing Committee has the power to supervise the enforcement of the Constitution. It supervises
360-530: A member of the NPC Standing Committee is the same as that of the current NPC, and is generally five years. It remains in power until the succeeding NPC elects its standing committee. It convenes the NPC once a year, and may do so when it finds it necessary or with a proposal from one fifth of NPC's members. The NPC Standing Committee usually holds a committee session once every two months, usually late in even-numbered months, with each session of
420-531: A permanent, bicameral body, in an attempt to change its image as a " rubber stamp ". Another committee member proposed to imitate the system used by the Supreme Soviet of the Soviet Union with one chamber composed of representatives from different regions and the other composed of representatives from different professional sectors . Opponents, led by Deng Xiaoping and Ye Jianying, argued that "if
480-424: A plenary session, and then the legislative bill shall be further deliberated at group meetings. At the third reading, a report of the aforementioned committee on the results of its deliberation over the draft law shall be heard in another plenary session, and then the revised draft of the law shall be deliberated at group meetings for any final changes. After the revised draft law has been deliberated during sessions of
540-428: A while after establishment of the People's Republic , the power of the Standing Committee was limited to interpretation of its constitution and laws . At present, the NPC Standing Committee plays a key role in legislation and has the power to promulgate and amend most laws and decrees. Bills voted on by the National People's Congress are usually submitted by the Standing Committee after its third reading . During
600-498: Is submitted to a vote by deputies. At the first reading, an explanation of the legislative bill made by its sponsor shall be heard in a plenary session of the Standing Committee and then it shall be preliminarily deliberated at group meetings by deputies in the period between sessions. At the second reading, a report of the Constitution and Law Committee on the revision of the draft law and main problems concerned shall be heard in
660-466: Is the permanent body of the National People's Congress (NPC), the national legislature of the People's Republic of China. It exercises the powers of the NPC when it is not in session. The NPCSC is composed of a chairman, vice chairpersons, a secretary-general, and regular members, all of whom are elected by regular NPC sessions. The day-to-day operations of the Standing Committee are handled by
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#1732772315522720-781: Is willing to observe the principles of equality, mutual benefit, and mutual respect of territorial integrity and sovereignty. Beijing, October 1, 1949 The first National Day military parade took place right after the proclamation of the PRC. Commanded by Nie Rongzhen , the Commander of the Northern China Military Region and inspected by Zhu De , the Commander-in-Chief of the PLA, the parade involved around 16,000 PLA officers and personnel. The parade, which
780-460: The 1st National People's Congress was held in Beijing , which became the statutory parliament of the People's Republic of China. The Standing Committee was established as its permanent body. The 1954 Constitution of the People's Republic of China stipulates that "the National People's Congress is the sole organ that exercises the legislative power of the state" and that the Standing Committee of
840-656: The Chinese Communist Revolution . Major combat in the Chinese Civil War ended in 1949 with the CCP in control of most of mainland China , and the Kuomintang retreating offshore , reducing its territory to only Taiwan (a former Japanese colony that was received in 1945), Hainan , and their surrounding islands. On 21 September 1949, CCP Chairman Mao Zedong announced the establishment of
900-523: The Council of Chairpersons , which handles the Standing Committee's daily affairs. Members of the NPCSC must not, at the same time, hold executive, judicial, or supervisory positions. Other members of the NPC do not have this restriction. The Standing Committee is elected by and from the NPC delegates during a NPC plenary session. The candidates for the NPCSC chairperson, vice chairpersons, secretary-general, and regular members are nominally nominated by
960-471: The Council of Chairpersons , which is composed of the chairman, vice chairpersons, and the secretary-general. Although the parent NPC officially has superiority over the Standing Committee, and certain authorities are not delegated, the Standing Committee is generally viewed to have more de facto power, as the NPC convenes only once a year for two weeks, leaving its Standing Committee the only body that regularly drafts and approves decisions and laws. In 1954,
1020-597: The NPC Presidium , though the nomination process is effectively controlled by the CCP. Elections for the non-regular NPCSC members, along with all other NPC elections are not competitive, with a single candidate proposed by the Presidium. In contrast, the elections for the regular NPCSC members have been the only competitive elections in the NPC since 1988; there are more nominees than available seats. A number of administrative bodies have also been established under
1080-595: The Act, on 11 August 2020, the United States customs announced that after 25 September goods imported into the US cannot use the "Made In Hong Kong" label and will need to be labeled "Made In China". The bill was sponsored by Democratic senator Chris Van Hollen and Republican senator Pat Toomey . It was approved by lawmakers in both houses by unanimous consent . The day following the signing, China promised retaliation if
1140-780: The CSR government moved north to Yan'an during the Long March until the CSR's dissolution. From 1937 to 1945, hostilities were put on hold, and the Second United Front fought the Japanese invasion of China with eventual help from the World War II Allies . The civil war resumed with the Japanese defeat, and the CCP gained the upper hand in the final phase of the war from 1945 to 1949, generally referred to as
1200-770: The Central Military Band of the PLA) provided musical accompaniment which included the Military Anthem of the People's Liberation Army ’. The Republic of China retreated to the island of Taiwan by December 1949. The CCP remains the sole ruling party of China , officially the People's Republic of China (PRC), since October 1, 1949. The PRC officially claims Taiwan as its 23rd province as Taiwan Province, People's Republic of China in its constitution . The People's Republic of China on mainland China and Republic of China on Taiwan both officially claim to be
1260-505: The Chinese Government Legal Information Network for public comment. When voting, the NPC Standing Committee session adopts the absolute majority system, that is, more than half of the committee members present in a session thus producing a quorum, and more than half of the committee members voted in favor, then the bill can be passed. When an affirmative vote and an abstention vote are equal,
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#17327723155221320-453: The NPC is not in session, laws enacted by the NPC, provided that the basic principles of these laws are not contravened. As a result, day-to-day legislative work is conducted by the Standing Committee. Although the NPC has the power to revoke "inappropriate decisions" made by the Standing Committee, so far this power has never been used. As a result, the NPC Standing Committee often has a greater say in legislative deliberations. The NPCSC has
1380-655: The NPCSC set rules for the election of the chief executive of Hong Kong, a decision that was widely opposed by the pro-democracy camp and led to the Umbrella Revolution . In 2016, the NPCSC ruled that Hong Kong lawmakers who take their oath improperly could be immediately disqualified. In June 2020, the NPCSC created and passed the Hong Kong National Security Law , legislation that was kept secret until shortly before it took effect. In November 2020, Carrie Lam sought help from
1440-577: The NPCSC to give authority for the Hong Kong government to disqualify 4 pro-democracy lawmakers from the Legislative Council. In December 2020, it was reported that the NPCSC would move to diminish opposition from district councillors , by unseating those who "breached the red line" and also by removing the 117 seats belonging to district councillors in the chief executive election committee . Earlier in December 2019, Carrie Lam said that
1500-552: The NPCSC whether Jimmy Lai could hire a foreign lawyer, the NPCSC ruled that foreign lawyers could only be hired for national security cases if approved by the chief executive or by the Committee for Safeguarding National Security . Elected by the 14th National People's Congress at its 1st session: Proclamation of the People%27s Republic of China The proclamation of the People's Republic of China
1560-481: The National People's Congress (or the committee chairmen of these). Ten or more deputies of the Standing Committee may also sign and introduce a bill. After the bill is introduced, the Chairman's Council shall decide on the agenda of the ongoing session of the Standing Committee. The Chairman's Council may refer the bill to the relevant special committee for deliberation and submit a report before deciding to put it on
1620-408: The National People's Congress has only the power to "interpret laws" and "enact decrees". However, because the number of delegates to the National People's Congress is in the thousands and non-full-time, only one meeting is held annually, and the meeting period cannot be too long. The 2nd NPC authorized its Standing Committee the power to exercise legislative power when the NPC is not in session. For
1680-638: The National People's Congress vetoed the Organic Law of the Urban Residents Committees of the People's Republic of China (Draft) due to different opinions on the wording of the provisions of the bill. For example, in 1999, the Standing Committee of the National People's Congress rejected the Highway Law of the People's Republic of China (Amendment) with 77 votes in favor, 6 against, 42 abstentions and 29 people not participating in
1740-682: The People's Republic of China with a speech at the First Plenary Session of the Chinese People's Political Consultative Conference . This was followed by a mass celebration in Tiananmen Square on October 1, at which the proclamation was made publicly by Mao at the Tiananmen Gate, the date becoming the new country's first National Day . At exactly 3:00pm Beijing Time on October 1, 1949, Mao announced to
1800-916: The ROC and the CCP lasting intermittently between 1927 and 1949. The war is generally divided into two phases with an interlude: from the August 1927 to 1937, the First United Front collapsed during the Northern Expedition , and the Nationalists controlled most of China. On November 7, 1931, the Chinese Soviet Republic (CSR) was declared by the CCP in Ruijin within Communist-controlled areas of China and
1860-399: The Standing Committee to provide support for the day-to-day operation of the NPC. These include: The NPC and its Standing Committee jointly exercise the power to enact laws in China. The legislative functions of the Standing Committee constitutionally include: drafting and revising laws except those to be enacted only by the full congress of the NPC; partially supplementing and amending, when
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1920-559: The Standing Committee, the Constitution and Law Committee revises it in accordance with the deliberation opinions of the Standing Committee members and prepares the final version to be voted on. The Council of Chairpersons then refers the legislative bill to the Standing Committee for a vote. If the Standing Committee fails to reach an agreement on the bill during the third reading, it shall convene joint group meetings and additional plenary sessions for further discussion, or invite relevant personages, experts and scholars to hold hearings regarding
1980-481: The Tiananmen Gate, declaring: The people throughout China have been plunged into bitter suffering and tribulations since the Chiang Kai-shek Kuomintang reactionary government betrayed the fatherland, colluded with imperialists, and launched the counter-revolutionary war. Fortunately our People's Liberation Army , backed by the whole nation, has been fighting heroically and selflessly to defend
2040-500: The US implemented the Act. The Chinese foreign ministry referred to the law as "a mistake", said that it amounted to "gross interference in China's internal affairs" and that the US was violating international law and basic norms of international relations. On 30 October 2020, the government of Hong Kong submitted a dispute to the World Trade Organization regarding the "Made In China" label requirement, stating that
2100-436: The agenda of the Standing Committee either for the current session or in forthcoming sessions. It also has the right to vote to reject the bill proposed by the above-mentioned body. When the Chairman's Council rejects a bill, it shall explain the reasons to the Standing Committee and the bill sponsor. A bill put on the agenda of a Standing Committee session shall be deliberated by the Standing Committee for three times before it
2160-488: The bill before either the whole of the Committee or within groups. After reaching an agreement, it is sent for the vote in a plenary session. For a bill that has been put on the agenda of the session of the Standing Committee, after each deliberation of the session of the Standing Committee, the draft law and the explanation of its drafting and amendment will be published on the website of the People's Republic of China or
2220-461: The celebrations as a 21-gun salute fired in the distance. The first public military parade of the People's Liberation Army took place following the national flag raising with the playing of the PRC national anthem. The Republic of China (ROC) had retreated to the island of Taiwan by December 1949. The Chinese Civil War was fought between the Kuomintang (KMT)-led Nationalist government of
2280-409: The chairman has no right to cast a decision vote, and the bill is vetoed. In fact, although most of the bills deliberated by the Standing Committee of the National People's Congress (NPCSC) have been agreed upon at the third reading, there are still some bills that have been rejected at the voting stage in the history of the Standing Committee of the NPC. For example, in 1989, the Standing Committee of
2340-440: The committee lasting a week. It may also hold interim sessions if there is a special need. The meetings are convened and chaired by the chairperson. The chairperson may delegate a vice chairperson to preside over a committee session on his or her behalf. Sessions of the Standing Committee may not be held unless a quorum is met of more than half of the members of the Standing Committee present. The Council of Chairpersons shall draft
2400-532: The discontinuous territories of China they controlled, on November 7, 1931, in Ruijin . The CSR had lasted seven years until it was abolished in 1937. " March of the Volunteers " was played as the new national anthem, and the new national flag of the People's Republic of China (the Five-starred Red Flag) was officially unveiled to the newly founded state and hoisted for the first time during
2460-412: The first session of the Chinese People's Political Consultative Conference, composed of delegates of all the democratic parties and people's organization of China, the People's Liberation Army, the various regions and nationalities of the country, and the overseas Chinese and other patriotic elements, has been convened. Representing the will of the whole nation, [this session of the conference] has enacted
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2520-556: The legitimate government of all China . No armistice or peace treaty has ever been signed over the Chinese Civil War. Shortly after the proclamation occurred, the Soviet Union and other communist states were the first to recognize the PRC. Moreover, many Western countries, including the United States, initially continued to recognize the move of the ROC to Taiwan as the legitimate government of China. Following
2580-486: The main leaders of the democratic parties , social organizations and jurists. It was responsible for amending and establishing the new constitution . During the discussion on constitutional amendment, Hu Qiaomu , secretary general of the Constitution Revision Committee, proposed cutting the number of NPC deputies to 1,000 and setting up two chambers of 500 each under the NPC to make the NPC
2640-534: The nation from the top of the Tiananmen Gate: 同胞们，中华人民共和国中央人民政府今天成立了！ Tóngbāo men, Zhōnghuá Rénmín Gònghéguó Zhōngyāng Rénmín Zhèngfǔ jīntiān chénglì le! Fellow countrymen, the Central People's Government of the People's Republic of China was established today! After the national anthem had been played, Chairman Mao proclaimed the founding of the People's Republic of China that day on top of
2700-452: The opposition district councillors would be treated the same as those from the pro-Beijing camp, and that "There is no question of the government's commitment to continue to respect the roles and functions of the district council." In March 2021, the NPCSC approved changes to Hong Kong's electoral system , allowing only "patriots" to serve in the government, and also reducing democratic representation. In December 2022, after John Lee asked
2760-412: The organic law of the Central People's Government of the People's Republic of China, elected proclaimed the founding of the People's Republic of China and decided on Beijing as the capital of the People's Republic of China. The Central People's Government Council of the People's Republic of China took office today in the capital and unanimously made the following decisions: and to charge them with
2820-402: The organs of state power of provinces, autonomous regions and municipalities directly under the central government that contravene the Constitution, other laws or administrative regulations of all levels of government, especially national. When the NPC is not in session, the Standing Committee examines and approves partial adjustments to the plan for national economic and social development or to
2880-604: The political chaos of the Cultural Revolution , the NPC rarely held meetings and the Standing Committee virtually ceased to function. During this period, Chairman Zhu De and First Vice Chairman Dong Biwu had both died, which enabled Vice Chairman Soong Ching-ling , a member of the Revolutionary Committee of the Kuomintang , to exercise the functions and powers of Chairman of the NPCSC to
2940-456: The power of judicial interpretation of the constitution and law in the PRC, including the Basic Law of Hong Kong and Macau . In contrast to common law jurisdiction in which stare decisis gives the power of both final interpretation and adjudication to a supreme court , within mainland China constitutional and legal interpretation is considered to be a legislative activity rather than
3000-577: The requirement was in violation of WTO rules because Hong Kong and China are different members of the WTO. On 21 December 2022, the WTO ruled in favor of Hong Kong and against the United States. On 26 January 2023, the United States appealed the WTO ruling. Standing Committee of the National People%27s Congress Vacant The Standing Committee of the National People's Congress ( NPCSC )
3060-678: The session agenda of the Standing Committee for the period pertaining and refer it to a plenary session of the Standing Committee for a decision. According to law, a bill may be proposed by the Chairperson's Council, or submitted to the Committee by the State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate and deputies of the special committees of
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#17327723155223120-662: The signing, Trump also signed Executive Order 13936 to "hold China accountable for its aggressive actions against the people of Hong Kong". Trump also revoked the territory's special status, saying “No special privileges [for Hong Kong], no special economic treatment and no export of sensitive technologies". He also blocked any dealings in US property by anyone determined to be responsible for or complicit in "actions or policies that undermine democratic processes or institutions in Hong Kong", and directs officials to "revoke license exceptions for exports to Hong Kong," and includes revoking special treatment for Hong Kong passport holders. Citing
3180-479: The state budget that prove necessary in the course of their implementation. The Standing Committee decides whether to ratify or abrogate treaties and important agreements reached with other countries. It institutes systems of titles and ranks for military and diplomatic personnel, and other specific titles and ranks, state medals and titles of honor as well as the granting of special pardons. The NPCSC decides on general or partial mobilization, and on entering into
3240-441: The task of the speedy formation of the various organs of the government to carry out the work of the government. At the same time, the Central People's Government Council decided to declare to the governments of all other countries that this government is the sole legal government representing all the people of the People's Republic of China. This government is willing to establish diplomatic relations with any foreign government that
3300-489: The territorial sovereignty of our homeland, to protect the people's lives and property, to relieve the people of their sufferings, and to struggle for their rights, and it eventually wiped out the reactionary troops and overthrew the reactionary rule of the Nationalist government. Now, the People's War of Liberation has been basically won, and the majority of the people in the country have been liberated. On this foundation,
3360-426: The two parties disagree, it will be very troublesome to coordinate and difficult to operate". A compromise was finally reached that greatly expanded the powers of the Standing Committee of the National People's Congress, making it a permanent legislature with the power to enact most laws and to review those for approval by the NPC. The NPCSC currently has 175 members, and consists of a chairman , vice chairpersons ,
3420-613: The voting, which was just 50% of the total votes. A notable use of the constitutional interpretation power occurred in 1999 over the right of abode issue in the Hong Kong Special Administrative Region in Lau Kong Yung v. Director of Immigration . The NPCSC interpreted the Basic Law of Hong Kong in accordance with the position taken by the Hong Kong government with respect to the eligibility of permanent residency in Hong Kong. In 2014,
3480-640: The work of the State Council , the Central Military Commission of the PRC , the National Supervisory Commission , the Supreme People's Court and the Supreme People's Procuratorate . It has the power to annul administrative regulations, decisions and orders of the State Council that go against the Constitution and other legislative acts of the NPC and itself, and to annul local regulations or decisions of
3540-517: Was approved in June 1949, was the first large-scale and modern Chinese military parade , with the country having never done a public review of troops before under previous governments. Liu Bocheng proposed to parade directors Yang Chengwu and Tang Yanjie be organized in the Soviet format, having personally witnessed a military parade on Red Square in Moscow . The Northern Military Region Band (now
3600-498: Was made by Mao Zedong , the chairman of the Chinese Communist Party (CCP), on October 1, 1949, in Tiananmen Square in Beijing . The government of a new state under the CCP, formally called the Central People's Government , was proclaimed by Mao at the ceremony, which marked the foundation of the People's Republic of China. Previously, the CCP had proclaimed the establishment of the Chinese Soviet Republic (CSR) within
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