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90-570: The 1st National People's Congress ( NPC ) was in session from 1954 to 1959. It held four sessions in this period. There were 1,226 deputies to the Congress . These were the first legislative elections to take place after the founding of the People's Republic of China. In accordance with the rules set by the 1st National Committee of the Chinese People's Political Consultative Conference ,

180-507: A socialist market economy , a development instigated by Deng Xiaoping's southern tour in 1992. In 1995, the Procurator's Law was introduced to "professionalize the judicial personnel" by raising the stringency of the requirements used to select procurators and other procuratorate personnel. Emphasis was placed on the selection of prosecutors and personnel based on merit, performance and experience in legal practice . Further reform of

270-649: A Prosecutor-General, the Procuratorate is also composed of several Deputy Prosecutors-General and additional prosecutors. The Prosecutor-General is appointed by the NPC, which also elects the other members of the Supreme People's Procuratorate at the Prosecutor-General's recommendation. The current Prosecutor-General of the People's Republic of China is Ying Yong . The most rudimentary version of

360-427: A groups representation. Hong Kong has had a separate delegation since the 9th NPC in 1998, and Macau since the 10th NPC in 2003. The delegates from Hong Kong and Macau are elected via an electoral college rather than by popular vote, but do include significant political figures who are residing in the two regions. Since their transfer of sovereignty, Hong Kong and Macau have been given 36 and 12 deputies elected to

450-456: A joint delegation. The PLA delegation has been amongst the largest since the founding of the NPC, making up anywhere from 4 percent of the total delegates (3rd NPC), to 17 percent (4th NPC). Since the 5th NPC, it has usually held about 9 percent of the total delegate seats, and is consistently the largest delegation in the NPC. In the 14th NPC, for example, the PLA and PAP delegation has 281 deputies;

540-524: A province that they do not live in. Delegates have the legal right to make speeches in the full chamber of the Great Hall of the People during NPC sessions, though they rarely exercise this right. Delegates are allowed to simultaneously hold seats in other bodies of government and the party and the NPC typically includes all of the senior officials in Chinese politics. The CCP maintains control over

630-598: A public prosecution. It may also initiate public interest litigation . The Supreme People's Procuratorate conducts reviews of rulings and investigations performed by local and special procuratorates. Additionally, for all types of cases, the Procuratorate may protest any rulings of the lower people's courts that it deems inappropriate or flawed by lodging a formal appeal with the Supreme People's Court . For civil and administrative cases, including intellectual property cases, this intervention mainly occurs after

720-526: A set of institutions which monitor local administrative measures for constitutionality. Typically, the Legislative Affairs Committee will review legislation for constitutionality and then inform the enacting agencies of its findings, and rely on the enacting agency to reverse its decision. Although the NPC has the legal authority to annul unconstitutional legislation by a local government, it has never used that power. The NPC's has

810-412: A similar approach with CCP involvement. According to official accounts, in a normal election, the process of selecting the nominees generally entails repeated discussions between Party leaders, multiple rounds of discussions with CCP members in high-ranking positions and with major non-Party organizations, as well as anti-corruption and political review of the potential candidates. The list of candidates

900-443: A somewhat greater diversity of views, they do not function as a political opposition . The Election Law requires the composition of NPC delegates to be "broadly representative". Since the beginning of the reform and opening up era in 1978, the each NPC at their last session have released a "decision on the quotas and elections" for the next NPC, allocating a certain number of seats for demographic groups or setting forth guidelines on

990-452: A yearly agenda which outlines the work of the NPC in a particular year. This is followed by consultation by experts and approving in principle by the CCP. Afterwards, the legislation undergoes three readings and public consultation. The final approval is done in a plenary session in which by convention the vote is near unanimous. The NPC had never rejected a government bill until 1986, during

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1080-504: Is considered a judicial power, in Chinese political theory, constitutional enforcement is considered a legislative power, and Chinese courts do not have the authority to determine constitutionality of legislation or administrative measures. Challenges to constitutionality have therefore become the responsibility of the National People's Congress which has a recording and review mechanism for constitutional issues. The NPC has created

1170-533: Is often full-time and carries a salary, and members are not allowed to simultaneously hold positions in executive, judicial, prosecutorial or supervisory posts. As the NPC only meets annually, the NPCSC effectively functions as the national legislature of China for most of the year. It is granted with nearly all the lawmaking powers as the NPC itself, though it lacks the powers to amend the constitution and to appoint or remove national-level personnel. The NPCSC passes

1260-486: Is on recess and the Standing Committee is in session, the same process is repeated by either the party leader in the NPCSC or by one of the party deputies, but following the approval by the NPCSC, the amendments will be presented during the plenary session to all of the deputies for a final vote on the matter. If a fifth or more of the CCP party faction deputies will propose amendments either on their own or with

1350-638: Is the highest organ of state power of the People's Republic of China . The NPC is the only branch of government in China, and per the principle of unified power , all state organs from the State Council to the Supreme People's Court (SPC) are subservient to it. With 2,977 members in 2023, it is the largest legislative body in the world . The NPC is elected for a term of five years. It holds annual sessions every spring, usually lasting from 10 to 14 days, in

1440-564: Is then approved first by the CCP's Politburo Standing Committee , and then by its Politburo . If the candidates in question are nominated for a top-level position, in a special plenary session the Central Committee also endorses the nominees just before the NPC session for election by the Congress. Before the plenum ends, the CCP customarily holds a "democratic consultative meeting", formally informing non-CCP organizations, such as

1530-549: The 13th National People's Congress , a new anti-corruption agency titled the National Supervisory Commission was formally installed to consolidate the various anti-corruption authorities which existed under the Party, including those of the Procuratorate. The Supreme People's Procuratorate role in anti-corruption enforcement was largely rescinded, with all these responsibilities directly transferred to

1620-596: The 1954 State Constitution subsequently adopted by the Congress, retaining its legal supervisory role. The jurisdiction of the Procuratorate was established as encompassing all government bodies, public functionaries and citizens of China, except the Central People's Government , which oversaw the agency's operation. During the Cultural Revolution of 1966 – 1976, the people's procuratorates lost favor as they were perceived as an interference to

1710-605: The Common Program , which served as the de facto constitution for the next five years. The conference approved the new national anthem, flag, capital city, and state name, and elected the first government of the People's Republic of China. It was a de facto legislature of the PRC during the first five years of existence. In 1954, the Constitution transferred this function to the National People's Congress. Under

1800-601: The Great Hall of the People on the west side of Tiananmen Square in Beijing. Since Chinese politics functions within a communist state framework based on the system of people's congress , the NPC works under the leadership of the Chinese Communist Party . Some observers characterize the branch as a rubber stamp body. Most delegates to the NPC are officially elected by local people's congresses at

1890-777: The National People's Congress , the highest state body in China. The Supreme People's Procuratorate acts as a public prosecutor by handling both the investigation and prosecution of criminal cases in court, thus functioning as a civil law inquisitorial system . Such systems are also seen in Japan and socialist legal systems . Within the Procuratorate, criminal prosecution is overseen by four specialized departments that oversee "regular crimes, serious crimes, duty crimes, and new-type crimes," respectively. The agency reviews and arbitrates on which criminal suspects should be investigated and which criminal cases should be taken to

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1980-551: The National Supervisory Commission , which campaigns against corruption in conjunction with the Central Commission for Discipline Inspection – the anti-graft agency of the Chinese Communist Party. Some academics prompted that these changes have reduced the overall power of the Procuratorate. The Supreme People's Procuratorate is led by a Procuratorial Committee, which oversees the operation of

2070-560: The Office for Safeguarding National Security of the CPG in the HKSAR . As specified in the Constitution of the People's Republic of China , the Supreme People's Procuratorate nominally exerts its powers independently, without interference from "any administrative organ, social organization or individual." However, like the Supreme People's Court , the Supreme People's Procuratorate must report to

2160-657: The eight minor political parties , of the proposed nominees and soliciting their views on the candidates. Full Central Committee endorsement for lower-level positions, such as regular NPCSC members, the State Council Secretary-General and departmental heads, and all members of the Special Committees and their committee chairpersons, is also expected. During the NPC session, the official in the Presidium in charge of personnel explains

2250-417: The ideology of the Chinese Communist Party . Reflecting this sentiment, the Supreme People's Procuratorate was abolished from the 1975 State Constitution alongside all other procuratorates. Following its dissolution, the Procuratorate's powers of legal supervision over the state and individuals were transferred to the police . The Supreme People's Procuratorate was subsequently re-established in 1978 via

2340-439: The 1951 Statutes . As described by academics Ginsburgs and Stahnke, the agency's powers encompassed: Alongside these functions, the Procuratorate was able to prosecute anyone deemed suspicious and warranting investigation and could request information from other state organs to assist with the prosecutorial process. The Procuratorate also had the ability to establish an office in each local government area to supervise and lead

2430-857: The Anti-Monopoly Law. The NPC meets for about two weeks each year at the same time as the National Committee of the Chinese People's Political Consultative Conference , usually in the Spring. The combined sessions have been known as the Two Sessions ( Lianghui ). Between these sessions, NPC's power are exercised by the Standing Committee of the National People's Congress . During the Two Sessions,

2520-655: The Bankruptcy Law proceedings, wherein a revised bill was passed in the same session. An outright rejection without a revised version being passed occurred in 2000 when a Highway Law was rejected, the first occurrence in sixty years of history. Moreover, in 2015, the NPC refused to pass a package of bills proposed by the State Council, insisting that each bill require a separate vote and revision process. The time for legislation can be as short as six months, or as long as 15 years for controversial legislation such as

2610-429: The CCP a leadership role, and the NPC therefore does not serve as a forum of debate between government and opposition parties as is the case with Western parliaments. This has led to the NPC being described as a rubber stamp legislature or as only being able to affect issues of low sensitivity and salience to the CCP. Legislation typically passes quickly, but there are notable examples where laws do not get through

2700-475: The CCP leadership approves the legislation in principle, and in which the legislation is then introduced by government ministers or individual NPC delegates, constitutional amendments are drafted and debated within the party, approved by the CCP Central Committee and then presented by party deputies under the Standing Committee to the whole of the NPC during its yearly plenary session. If Congress

2790-570: The Central Military Commission, other government organs or by the deputies themselves either of the standing committee or those of the committees within the NPC. The primary role of the CCP in the legislative process largely is exercised during the proposal and drafting of any legislation. Before the NPC considers legislation, there are working groups which study the proposed topic, and CCP leadership must first agree to any legislative changes before they are presented to either

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2880-662: The Constitution. Amendments to the Constitution must be proposed by the NPC Standing Committee or one-fifth or more of the NPC deputies. In order for the Amendments to become effective, they must be passed by a two-thirds majority vote of all deputies. The NPC is also responsible for supervising the enforcement of the constitution. The CCP leadership plays a large role in the approval of constitutional amendments. In contrast to ordinary legislation, which

2970-778: The First National Congress of the Chinese Soviets of Workers', Peasants' and Soldiers' Deputies was held on 7 November 1931, in Ruijin , Jiangxi on the 14th anniversary of the October Revolution with another Soviet Congress that took place in Fujian on 18 March 1932, the 61st Anniversary of the Paris Commune . A Second National Congress took place from 22 January to 1 February 1934. During

3060-553: The Intellectual Property Prosecution Office of the Supreme People's Procuratorate was established to handle the investigation and prosecution of intellectual property rights infringements. In 1979, the Supreme People's Procuratorate began its involvement in the investigation and prosecution of corruption by establishing a specialized department to investigate economic crimes . Further pressure from student activists and Party members alike in

3150-645: The Kuomintang, CCP, Young China Party , and China Democratic League , as well as independent delegates, attended the conference in Chongqing, temporary capital of China. A second Political Consultative Conference took place in September 1949, inviting delegates from various friendly parties to attend and discuss the establishment of a new state (PRC). This conference was then renamed the People's Political Consultative Conference. The first conference approved

3240-480: The NPC "is a carefully crafted pageant intended to convey the image of a transparent, responsive government." One of the NPC's members, Hu Xiaoyan, told BBC News in 2009 that she has no power to help her constituents. She was quoted as saying, "As a parliamentary representative, I don't have any real power." Formally, there are four main functions and powers of the NPC: The NPC has the sole power to amend

3330-481: The NPC and the CPPCC hear and discuss reports from the premier of the State Council, the president of the Supreme People's Court, and the procurator-general. Supreme People%27s Procuratorate The Procuratorate acts as a public prosecutor for criminal cases, conducting both the relevant investigations and prosecutions of such cases. The agency also reviews the legal rulings of the local and special procuratorates,

3420-465: The NPC is responsible for carrying out united front work. The NPC conducts outreach campaigns with foreign legislatures and parliamentarians for relationship-building and promotion of major CCP policy initiatives. The Election Law restricts the NPC's maximum size to 3,000 deputy seats. Under the people's congress system , the NPC is elected by the 32 people's congresses at the province-level ; people's congresses are indirectly elected at all levels by

3510-467: The NPC respectively. The NPC has included a "Taiwan" delegation since the 4th NPC in 1975, in line with the PRC's position that Taiwan is a province of China. Prior to the 2000s, the Taiwan delegates in the NPC were mostly Taiwanese members of the Chinese Communist Party who fled Taiwan after 1947. They are now either deceased or elderly, and in the last three Congresses, only one of the "Taiwan" deputies

3600-526: The NPC, and negative votes have become more commonplace since its inception. According to academic Rory Truex of the Princeton School of Public and International Affairs , NPC "deputies convey citizen grievances but shy away from sensitive political issues, and the government in turn displays partial responsiveness to their concerns." According to Austin Ramzy, writing for The New York Times ,

3690-522: The NPCSC. There are currently 10 special committees, which are: These are organized in like manner as the Standing Committee. The legislative process of the NPCSC works according to a five-year work plan drafted by the Legislative Affairs Commission. Within the work plan, a specific piece of legislative is drafted by a group of legislators or administrative agencies within the State Council, these proposals are collected into

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3780-576: The Procuratorate accompanied the adoption of the "Implementing Opinions of the Three-Year Procuratorial Reform" in January 2000. This reform affirmed the hierarchy of the procuratorates and formalised the role of the higher procuratorates supervising and directing procuratorates located beneath them. Alongside the reform, a new training program for procurators was introduced from 2001–2005 to manage workforce performance within

3870-471: The Procuratorate at the will of the People's Congress and the Prosecutor-General. The current Deputy Prosecutors-General of the Supreme People's Procuratorate are Tong Jianming , Sun Qian, Zhang Xueqiao, Chen Guoqing and Yang Chunlei. Prosecutor-General of the Supreme People's Prosecutor's Office of the Central People's Government Prosecutor-General of the Supreme People's Procuratorate of

3960-519: The Procuratorate under the direction of the Prosecutor-General. The agency is further organised into ten prosecutor's offices, which each oversee a specific type of crime or litigation . Various additional departments, such as the Political Work Department, also exist within the Procuratorate, to oversee additional affairs. Several subordinate institutions are also directly affiliated with the Procuratorate. The organisation of

4050-428: The Procuratorate's supervision of corruption was later streamlined by legislation from the National People's Congress in late 2014, which resulted in the amalgamation of the agency's three anti-corruption departments into a single anti-corruption authority. In May 2017, the Supreme People's Procuratorate's Anti-Corruption Bureau and Alibaba "to create a clean, credible, rule-of-law market environment." Pursuant to

4140-649: The Procuratorate. In December 2018, major alterations were made to the internal organization of the Supreme People's Procuratorate through the restructuring of existing departments and the establishment of ten new prosecutor's offices. Four of these offices were established to handle the prosecution of various types of criminal cases . The remaining six departments oversee "civil, administrative, public interest and juvenile cases, complaints handling, and investigation into duty crimes committed by judicial personnel," respectively, as reported by Xinhua News Agency , China's official state-run media agency. In November 2020,

4230-415: The Standing Committee, ten special committees have been established under the NPC to study issues related to specific fields. They include full time staff, who meet regularly to draft and discuss legislative work and policy proposals and the deputies assigned to the committees. A large portion of legislative work in China are effectively delegated to these committees in between the bimonthly plenary sessions of

4320-611: The State Council, or its own deputies either of the NPCSC or its committees. These include legislation on the report on the plan for national economic and social development and on its implementation, the national budget, and other matters. The Basic Laws of both the Hong Kong Special Administrative Region and the Macao Special Administrative Region, and the laws creating Hainan Province and Chongqing Municipality and

4410-502: The Supreme People's Procuratorate is detailed below: The Supreme People's Procuratorate is led by a Prosecutor-General, who serves as the Chief Grand Prosecutor and President of the Procuratorate. The office of the Prosecutor-General serves a five-year term, corresponding with the term length of the National People's Congress . Each Prosecutor-General may serve a maximum of two terms. The Prosecutor-General of

4500-561: The Supreme People's Procuratorate is elected by the National People's Congress , in accordance with the Procurators Law of the People's Republic of China. The National People's Congress also carries the executive ability to remove a serving Prosecutor-General from power. The current serving Prosecutor-General of the Supreme People's Procuratorate is Zhang Jun . Zhang was elected to the position of Prosecutor-General in March 2018 at

4590-495: The Supreme People's Procuratorate was established in September 1949 with the promulgation of the Organic Law of the Central People's Government. Initially titled the "People's Prosecutor-General's Office", the Supreme People's Procuratorate was the first national agency tasked with the supervision of the law in the newly founded People's Republic of China. The responsibilities of the initial Procuratorate were formalized in

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4680-616: The building of the Three Gorges Dam on the Yangtze River were all passed by the NPC in plenary session, legislation passed by the Standing Committee when it is in recess carry the same weight as those of the whole of the Congress. In performing these responsibilities either as a whole chamber or by its Standing Committee, the NPC acts in accordance with the Constitution and the laws of the People's Republic in acting on these issues in aid of legislation. In practice, although

4770-449: The candidates for the top state offices, and organizes the constitutional oath of office ceremonies. Its functions are defined in the Organic Law of the NPC , but not how it is composed. The NPC Standing Committee is the permanent body of the NPC, elected by the legislature to meet regularly while it is not in session. It consists of a chairman , vice chairpersons , a secretary-general , as well as regular members. NPCSC membership

4860-460: The composition of deputies of people's congresses, especially in the National People's Congress. By law, all elections at all levels must adhere to the leadership of the CCP. Although CCP approval is, in effect, essential for membership in the NPC, approximately a third of the seats are by convention reserved for non-CCP members. This includes technical experts and deputies of the eight minor parties. While these members provide technical expertise and

4950-446: The congress at the level below, except at the county and township level. Additionally, delegations are allocated to the People's Liberation Army (PLA), the special administrative regions of Hong Kong and Macau, as well as the claimed province of Taiwan . Membership to the congress is part-time in nature and carries no pay, with deputies spending around 49 weeks per year at their home provinces. NPC members may be elected to represent

5040-514: The constitution, the NPC is the highest organ of state power in China, and all four Chinese constitutions have granted it a large amount of lawmaking power. The presidency , the State Council , the PRC Central Military Commission , the Supreme People's Court , the Supreme People's Procuratorate , and the National Supervisory Commission are all formally under the authority of the NPC. The constitution guarantees

5130-564: The court has handed down a legally binding and enforceable decision. The Procuratorate may act in this manner by choice or when petitioned by a litigant involved in a given case. The Procuratorate, either independently or in conjunction with the Supreme People's Court , may also issue judicial interpretations , which are official and legally binding interpretations of the law. These interpretations may serve as "replies" to individual cases, reminiscent of Roman law, or apply more broadly. Despite theoretically possessing less legal authority than

5220-649: The early 1990s led to the people's procuratorates developing more stringent protocols to manage corruption. Anti-corruption enforcement by the Supreme People's Procuratorate's grew in 1995 with the introduction of three new departments to manage corruption: the Anti-Corruption and Bribery Bureau, the Corruption Prevention Department, and the Anti-Dereliction of Duty and Infringement of Citizens’ Rights Department. However,

5310-669: The event, only 693 deputies were elected with the Chinese Red Army taking 117 seats. In 1945 after World War II , the CCP and the Kuomintang held a Political Consultative Conference with the parties holding talks on post-World War II political reforms. This was included in the Double Tenth Agreement , which was implemented by the Nationalist government , who organized the first Political Consultative Assembly from 10 to 31 January 1946. Representatives of

5400-512: The final votes on laws of the NPC often return a high affirmative vote, a great deal of legislative activity occurs in determining the content of the legislation to be voted on. A major bill such as the Securities Law can take years to draft, and a bill sometimes will not be put before a final vote if there is significant opposition to the measure either within the Congress or by deputies in the Standing Committee. Like all official organs,

5490-537: The first session of the 13th National People's Congress . In addition to the Prosecutor-General, the Supreme People's Procuratorate is also composed of multiple Deputy Prosecutors-General, members of the Procuratorial Committee and additional procurators. All other members of the Procuratorate are appointed by the Standing Committee of the National People's Congress at the Prosecutor-General's recommendation. Likewise, members may be removed from

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5580-439: The first set of deputies to the NPC were elected in the spring and summer of 1954, the first elections under the 1953 Electoral Law which set rules for elections in the PRC, by the following: The first plenary session was held in September 1954. The Congress passed the 1954 Constitution of the People's Republic of China . It elected the state leaders: National People%27s Congress The National People's Congress ( NPC )

5670-406: The full Congress or the NPCSC. The NPC elects and appoints top-level positions in the Chinese state. The following positions are elected: The following positions are appointed: Elections and appointments differ in that elections can theoretically be competitive with multiple candidates submitted by the Presidium, or with write-in votes by the delegates, while the delegates can only vote for

5760-456: The interests of China's ruling party, the Chinese Communist Party . The jurisdiction of the Procuratorate encompasses all cases related to criminal law , public and state security, people's courts, prisons , detention centers and labour institutions within the People's Republic of China. The agency does not oversee the prosecution of cases from the special administrative regions of Hong Kong or Macau , except those that are investigated by

5850-478: The judicial system in the locality. However, the Procuratorate was largely inactive following its inception. This changed in 1953 when investigation departments within the body were created. In 1954, the People's Prosecutor-General's Office was renamed the "Supreme People's Procuratorate" at the first session of the First National People's Congress. The new Procuratorate was formally enacted in

5940-473: The law, academics C.H. van Rhee and Yulin Fu perceive the Procuratorate's judicial interpretations as being "almost as effective as law" in court. Between the 1980s to the early 2010s, the Supreme People's Procuratorate investigated and prosecuted corruption and bribery through its anti-corruption departments. The Supreme People's Procuratorate also assisted the Central Commission for Discipline Inspection with

6030-458: The lower people's courts , and issues judicial interpretations . Conceived initially in 1949 as the Supreme People's Prosecutor's Office , the agency was renamed the Supreme People's Procuratorate in 1954. The Procuratorate was abolished during the Cultural Revolution , before being re-instated in 1978. Between the 1990s to 2010s, the agency experienced a host of reforms pertaining to its selection of personnel, internal organization and role in

6120-427: The management of corruption. Beginning in March 2018, the Supreme People's Procuratorate no longer undertakes the initial investigation of corruption cases by government officials; this task is undertaken by the newly formed National Supervisory Commission . The Supreme People's Procuratorate is organized into ten specialized prosecutor's offices, which operate under the direction of a Procuratorial Committee. Led by

6210-451: The meetings of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), a consultative body whose members represent various social groups. As the NPC and the CPPCC are the main deliberative bodies of China, they are often referred to as the Two Sessions ( Lianghui ). According to the NPC, its annual meetings provide an opportunity for the officers of state to review past policies and to present future plans to

6300-468: The memorandum, the Bureau provides Alibaba and Ant Group with access to criminal records from bribery cases and Alibaba and Ant Group query those records including during verification of Taobao sellers and in connection with anti-money laundering initiatives and financial risk controls. The management of corruption by the Chinese Communist Party was broadly transformed in 2018. At the March meeting of

6390-504: The military. Since the 6th NPC, Taiwan has been given 6 deputies at the NPC. The military sends its own delegation to the NPC, which is elected by servicemember election committees of top-level military subdivisions, including the PLA's theater commands and service branches. After the People's Armed Police (PAP) was placed under the command of the Central Military Commission in 2018, the PLA and PAP have formed

6480-483: The nation. Due to the temporary nature of the plenary sessions, most of NPC's power is delegated to the Standing Committee of the National People's Congress (NPCSC), which consists of about 170 legislators and meets in continuous bi-monthly sessions, when its parent NPC is not in session. Membership to the congress is part-time in nature and carries no pay. Delegates to the National People's Congress are allowed to hold seats in other bodies of government simultaneously and

6570-439: The new National Supervisory Commission. The Procuratorate's anti-corruption personnel saw a similar transition. The Supreme People's Procuratorate serves as the highest prosecutorial power in the People's Republic of China, overseeing the nation's local and special procuratorates. As determined by the Organic Law , the primary function of the Procuratorate is to suppress illegal activities, particularly those which undermine

6660-494: The next NPC, a practice followed by all subsequent NPC meetings. Per the Election Law, the NPCSC is authorized to allocate the quota seats to each provincial delegation based on the "population and distribution". The law also requires that each of China's 55 official ethnic minorities have at least one elected deputy to Congress. For the first three NPCs, there was a special delegation for returned overseas Chinese, but this

6750-400: The next largest delegation is Shandong , with 173 deputies. A 150-seat quota for ethnic minorities was enacted in China's first election law in 1953. The 1982 constitution mandates that every ethnic minority should have "an appropriate number of delegates". The 5th NPC abandoned an explicit quota for ethnic minorities, substituting it with an allocation of "approximately 12%" of all seats for

6840-428: The official nominee in appointments. However, nearly all of the elections are non-competitive with a single candidate, with only elections for the regular members of the NPCSC being competitive since 1988. The election and appointments for high-ranking posts are effectively decided secretly within the CCP months in advance, with NPC delegates having no say in these decisions. Elections in extraordinary circumstances have

6930-504: The other parties in plenary session, the same process is applied. In contrast to ordinary legislation, in which the Legislation Law largely directs the process, the process for constitutional revision is largely described by CCP documents. In addition to passing legislation, the NPCSC interacts with local governments through its constitutional review process. In contrast with other jurisdictions by which constitutional enforcement

7020-404: The party and the NPC typically includes all of the senior officials in Chinese politics. However, membership of the Standing Committee is often full-time and carries a salary, and Standing Committee members are not allowed to simultaneously hold positions in executive, judicial, prosecutorial or supervisory posts. Under China's Constitution , the NPC is structured as a unicameral legislature, with

7110-474: The power to amend the Constitution, legislate and oversee the operations of the government, and elect the major officers of the National Supervisory Commission , the Supreme People's Court, the Supreme People's Procuratorate , the Central Military Commission , and the state. The current National People's Congress can trace its origins to the Chinese Soviet Republic beginning in 1931 where

7200-497: The proposed nominees and the selection process to the delegates. The delegates are then granted the short bios of the candidates, and given time for "deliberations and consultations", or simply "deliberations" for the appointed positions. The NPC's other legislative work is creating legislation on, examining, and reviewing major national issues of concern presented to the Congress by either the CCP Central Committee,

7290-469: The prosecution of party members relegated to a form of extralegal detention known as Shuanggui . Shuanggui is a procedure used to extract evidence and confessions from CCP members under investigation. Material obtained using Shuanggui was passed onto the Procuratorate and used in the prosecution of party members. As of March 2018, the Supreme People's Procuratorate no longer performs these responsibilities. These powers have instead been assumed by

7380-439: The provincial level; local legislatures which are indirectly elected at all levels except the county-level. The CCP controls the nomination and election processes at every level in the people's congress system. The National People's Congress meets in full session for roughly two weeks each year and votes on important pieces of legislation and personnel assignments, among other things. These sessions are usually timed to occur with

7470-523: The reinstatement of the Organic Law of the People's Procuratorates in the 1978 State Constitution . Its renewal served as a mechanism for the Party to oversee and prevent misconduct within the administration . In 1980, the Supreme People's Procuratorate established a Special Procuratorate to investigate and prosecute the Lin Biao and Jiang Qing "counter-revolutionary cliques." In a trial led by

7560-514: The richest 3% in the United States Congress at the time). Before each plenary meeting of the NPC, a preparatory meeting is held, where a Presidium and a Secretary-General for the session is elected. The Presidium presides over the NPC plenary meetings, determining its daily schedule, decides whether to list a delegate's bill on the agenda, hear delegate deliberation reports and decides whether to put an item to vote, nominates

7650-470: The serving Prosecutor-General Huang Huoqing , the defendants were found guilty of plotting a coup to overthrow the leaders of the Chinese Communist Party during the Cultural Revolution. In the 1990s, major reforms were made to the Chinese judicial system, including the people's courts and procuratorates. These changes occurred primarily in response to the economic reform of China as

7740-460: The sole power to "enact and amend basic criminal and civil laws, basic laws governing the State organs, and other basic laws". To do this, the NPC acts in accordance with the Constitution and laws of the People's Republic in regards to its legislative activities. When the congress is in recess, its Standing Committee enacts all legislation presented to it by the CCP Central Committee, the State Council,

7830-429: The vast majority of China's laws, and has the powers to conduct oversight over governmental bodies, appoint or remove top-level personnel that are not in the national-level, ratifies treaties, grant special amnesties, and confer state honors. A number of administrative bodies have also been established under the Standing Committee to provide support for the day-to-day operation of the NPC. These include: In addition to

7920-459: Was actually born in Taiwan ( Chen Yunying , wife of economist Justin Yifu Lin ); the remainder are "second-generation Taiwan compatriots", whose parents or grandparents came from Taiwan. Delegations from Taiwan are chosen by "consultative election meetings" composed of 120 "compatriots of Taiwanese ancestry" hailing from various provinces in China, the central government and party agencies, and

8010-400: Was eliminated starting in the 4th NPC, and although overseas Chinese remain a recognized group in the NPC, they are now scattered among the various delegations. The Hurun Report has tracked the wealth of some of the NPC's delegates: in 2018, the 153 delegates classed by the report as "super rich" (including China's wealthiest person, Ma Huateng ) had a combined wealth of $ 650 billion. This

8100-414: Was up from a combined wealth of $ 500 billion for the wealthiest 209 delegates in 2017, when (according to state media) 20% of delegates were private entrepreneurs. In 2013, 90 delegates were among the richest 1000 Chinese, each having a net worth of at least 1.8 billion yuan ($ 289.4 million). This richest 3% of delegates' average net worth was $ 1.1 billion (compared to an average net worth of $ 271 million for

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