4.1 The structure and functions of the National People's Congress
3 min read•august 9, 2024
China's (NPC) is the country's top legislative body. It's a massive group of about 3,000 people who meet once a year to make big decisions and pass laws. They also pick important leaders and check on how the government's doing.
The NPC has a smaller group called the that works year-round. They handle day-to-day stuff when the full NPC isn't meeting. While some say the NPC just rubber-stamps decisions, it plays a key role in China's political system.
Structure and Composition
Organization and Membership of the NPC
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- National People's Congress (NPC) serves as China's highest organ of state power and legislative body
- Unicameral legislature consists of approximately 3,000 deputies elected indirectly from provinces, autonomous regions, municipalities, and armed forces
- Standing Committee functions as a permanent body when the full NPC is not in session, comprising about 175 members
- Annual plenary sessions typically last for two weeks in March, addressing major national issues and legislative agenda
NPC Sessions and Operations
- Full NPC meets once a year for approximately two weeks in the Great Hall of the People in Beijing
- Delegates review and approve major state decisions, laws, and personnel appointments
- Between annual sessions, the Standing Committee exercises many of the NPC's functions and powers
- Special sessions can be convened if deemed necessary by the Standing Committee or requested by one-fifth of NPC deputies
Legislative Functions
Law-making Process and Constitutional Authority
- NPC holds the power to enact and amend basic laws governing criminal offenses, civil affairs, state organs, and other matters
- Constitutional amendments require a two-thirds majority vote from all NPC deputies
- involves multiple stages, including proposal submission, review by relevant committees, and deliberation by the full congress
- NPC has the authority to interpret the constitution and supervise its enforcement
Role in Policy Formulation and Oversight
- Reviews and approves major national plans, such as for economic and social development
- Examines and approves the state budget and the report on its implementation
- Often characterized as a rubber stamp parliament due to its tendency to approve party policies with minimal debate or opposition
- Exercises of other state organs through questioning officials and reviewing work reports
Personnel Responsibilities
Appointment and Removal of Key State Officials
- Elects or removes the President and Vice-President of the People's Republic of China
- Decides on the choice of Premier of the upon nomination by the President
- Elects the of the Central Military Commission and, upon nomination by the Chairman, decides on other members
- Elects the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuratorate
Oversight of Government Officials and Institutions
- Has the power to recall or remove from office the President, Vice-President, and other high-ranking officials
- Appoints and removes members of the Standing Committee of the National People's Congress
- Reviews and approves the establishment of ministries and commissions of the State Council
- Can initiate special investigative committees to examine specific issues or the conduct of state officials
Key Terms to Review (17)
Annual session: The annual session refers to the yearly gathering of the National People's Congress (NPC) in China, where delegates convene to discuss and decide on key legislative matters, government policies, and budgetary issues. This event is significant as it showcases the NPC's role as the highest state authority and allows for the presentation of reports from the government and various ministries, facilitating discussion among delegates on national priorities and legislative agendas.
Centralization of power: Centralization of power refers to the concentration of authority and decision-making in a single governing body or leader, limiting the autonomy of lower levels of government or local institutions. In contemporary Chinese politics, this concept is crucial as it shapes the relationship between the central government and regional authorities, impacting governance efficiency and the management of various political challenges.
Chairman: In the context of the National People's Congress, the Chairman is the head of the standing committee, which is responsible for the day-to-day operations of this legislative body. The Chairman plays a crucial role in shaping legislative priorities, guiding discussions, and ensuring that the functions of the Congress are effectively carried out. This position is pivotal in maintaining the link between the Communist Party's directives and legislative actions.
Chinese Communist Party: The Chinese Communist Party (CCP) is the founding and ruling political party of the People's Republic of China, established in 1921. It plays a crucial role in shaping China's political system, governance, and society by maintaining a monopoly on political power and directing policy at all levels of government, impacting everything from economic strategy to social issues.
Constitution of 1982: The Constitution of 1982 is the fundamental legal document that governs the People's Republic of China, adopted on December 4, 1982. This constitution serves as the foundation for the Chinese political system, outlining the structure of government, the role of the National People's Congress, and the rights and duties of citizens.
Democratic Centralism: Democratic centralism is a political principle that combines democracy with central leadership, emphasizing the need for unity and discipline within a party or organization. It allows for open discussion and debate during the decision-making process, but once a decision is made, it is expected that all members support and adhere to that decision. This principle is central to the organizational structure and governance of the Chinese Communist Party (CCP) and influences the functioning of the National People's Congress (NPC) within China's political framework.
Deputy Chairman: The Deputy Chairman is a significant leadership position within the National People's Congress (NPC) of China, acting as a key figure in the legislative process and supporting the Chairman in overseeing the operations of this major state institution. This role entails substantial responsibilities, including facilitating meetings, guiding discussions, and representing the NPC both domestically and internationally. The Deputy Chairman plays an essential part in ensuring that the NPC fulfills its duties in China's political framework, which is characterized by its unique structure and functions.
Drafting process: The drafting process refers to the methodical procedure by which legislative proposals are formulated, reviewed, and revised before being presented for approval in the National People's Congress (NPC). This process involves multiple stages, including initial drafting, discussion in committees, and revisions based on feedback, ensuring that the proposed laws are comprehensive and aligned with policy goals.
Five-Year Plans: Five-Year Plans are centralized economic and development initiatives implemented by the Chinese government to set specific goals and targets for the economy, infrastructure, and social development over a five-year period. These plans are essential for guiding China's economic policy, resource allocation, and overall strategic direction, impacting various sectors including industrial growth, agricultural production, and environmental sustainability.
Legislation: Legislation refers to the process of making laws and the laws themselves that govern a state or organization. In the context of governance, it plays a crucial role in shaping policy, regulating conduct, and ensuring order within society. The ability to enact legislation is a fundamental function of legislative bodies, which in the case of China, is primarily exercised by the National People's Congress.
National People's Congress: The National People's Congress (NPC) is the highest legislative body in China, responsible for enacting laws, amending the constitution, and overseeing the government. It plays a crucial role in China's political system by serving as a platform for the Communist Party's policies and decisions, thus influencing the broader governance structure of the country.
Oversight: Oversight refers to the process through which governing bodies monitor and evaluate the activities, performance, and decision-making of institutions or organizations, ensuring accountability and adherence to laws and policies. In the context of the National People's Congress, oversight plays a critical role in maintaining the integrity of governance by reviewing the actions of the executive branch and ensuring that laws are implemented effectively.
People's Sovereignty: People's sovereignty refers to the principle that the authority of a state and its government is created and sustained by the consent of its people, often expressed through democratic processes. This concept underscores the belief that ultimate power rests with the citizens, who have the right to participate in decision-making processes and influence governance. In the context of the political structure of China, it raises questions about how the National People's Congress embodies this principle and serves as a platform for representing the will of the people.
Reform Era: The Reform Era refers to a significant period in China's history beginning in the late 1970s, characterized by economic liberalization and political restructuring aimed at modernizing the nation. This era introduced market-oriented reforms, shifting from a centrally planned economy to one that incorporates elements of capitalism, while maintaining the Communist Party's political control. It fundamentally transformed China's domestic landscape and its international relations.
Standing Committee: The Standing Committee is a key component of the National People's Congress (NPC) in China, acting as its permanent organ and playing a critical role in legislative and administrative functions. This committee exercises the powers of the NPC when it is not in session, ensuring continuity in governance and decision-making. It is responsible for interpreting laws, overseeing their implementation, and managing various legislative affairs, making it essential for the functioning of China's political system.
State Council: The State Council is the chief administrative authority in the People's Republic of China, responsible for implementing laws and policies, overseeing the economy, and managing day-to-day government functions. It acts as the executive branch of the government, headed by the Premier, and is composed of various ministries and commissions that carry out the directives of the central government.
Unitary State: A unitary state is a form of government where power is centralized in a single national authority, with local governments having limited powers delegated by the central government. This centralization leads to a unified legal system and cohesive policy-making, as opposed to a federal system where power is shared between national and regional governments. In this context, the structure and functions of the National People's Congress (NPC) reflect the characteristics of a unitary state by serving as the highest organ of state power and reinforcing the centralized governance of China.