Chapter 7

Articles [-] and [-] of the General Principles of the Constitution clearly stipulate: "All power in the People's Republic of China belongs to the people. The organs through which the people exercise state power are the National People's Congress and local people's congresses at various levels. The people, in accordance with the law, through various channels and forms, manage state affairs, manage economic and cultural undertakings, and manage social affairs." "The National People's Congress and local people's congresses at all levels are democratically elected, responsible to the people, and subject to people's supervision. State administrative organs, judicial organs The People’s Congress and the Procuratorate are all created by the People’s Congress, are responsible to it, and are supervised by it.” These regulations establish the core content and basic principles of the state system, reflecting the issue of the ownership of state power.

Since the deputies to the people's congresses are broadly representative, there are deputies in all aspects that are appropriate for their status and roles in the country and society. Therefore, the number of deputies to the people's congresses at all levels is relatively large, and the deputies are all part-time. A corresponding problem brought about by this is that it is not convenient for the National People's Congress to meet frequently. Generally, it only meets once a year, mainly to discuss and decide some of the most important issues.In response to this situation, the Constitution stipulates that standing committees should be established at the people's congresses at and above the county level, and some regular work should be handed over to the standing committees of the people's congresses.Since the Standing Committee of the National People's Congress needs to carry out work frequently, the members of the Standing Committee of the National People's Congress are required to devote more energy or even the main energy to the work of the National People's Congress.This is different from the NPC deputies' emphasis on broad representation. The members of the NPC Standing Committee pay more attention to routine and professionalism, so there must be some full-time members.

As the highest organ of state power, the National People's Congress, Article 60 of Constitution No.60 stipulates that it shall exercise the following functions and powers: (21) Amend the Constitution; ([-]) Supervise the implementation of the Constitution; Other basic laws; ([-]) Election of the President and Vice President of the People's Republic of China; ([-]) Decisions on the candidates for the Premier of the State Council based on the nomination of the President of the People's Republic of China; [-]. Candidates for the directors of each committee, chief auditor and secretary-general; ([-]) elect the chairman of the Central Military Commission; decide on candidates for other members of the Central Military Commission according to the nomination of the chairman of the Central Military Commission; ([-]) elect the president of the Supreme People's Court; ([-]) Election of the Procurator-General of the Supreme People's Procuratorate; ([-]) Review and approval of national economic and social development plans and reports on the implementation of the plans; ([-]) Review and approval of the state's budget and reports on budget implementation; ([-]) Changes Or revoke inappropriate decisions of the Standing Committee of the National People's Congress; ([-]) Approve the establishment of provinces, autonomous regions and municipalities directly under the Central Government; ([-]) Decide on the establishment of special administrative regions and their systems; ([-]) Decide on issues of war and peace ; ([-]) Other functions and powers that should be exercised by the highest state authority.As a permanent organ of the National People's Congress, the Standing Committee of the National People's Congress has [-] functions and powers as stipulated in Article [-] of the Constitution.As local organs of state power, the Constitution also stipulates the functions and powers of local people's congresses at various levels and their standing committees.

Judging from the functions and powers entrusted to the National People's Congress and its Standing Committee by the Constitution, although they are grand, they are all practical.Take the world-renowned Three Gorges Project as an example. From conception, survey, planning, demonstration to official start, it has gathered the efforts of several generations, and finally it was officially implemented after being approved by the National People's Congress.Li Peng, the former Premier of the State Council, was an important participant and party involved in the Three Gorges Project. In April 1986, when the project was being demonstrated, he answered questions from reporters at the press conference of the Fourth Session of the Sixth National People's Congress. The special Three Gorges Project Demonstration Committee will fully listen to different opinions during the demonstration. During the demonstration process, it will report to the Standing Committee of the National People's Congress at any time, and finally submit it to the National People's Congress for review and approval." After years of argumentation, 4 On April 1992, 4, at the Fifth Session of the Seventh National People's Congress, 3 representatives present voted on whether or not the Three Gorges Project should be launched.Voting results: 2633 votes in favor, 1767 votes against, 177 abstentions, and 664 non-votes.The votes in favor accounted for 25% of the total, just over 67.1/2, and the "Resolution on the Construction of the Three Gorges Project on the Yangtze River" was passed in this way.At the same time, the people's congresses at all levels are organs of state power, which is also reflected in the fact that "one government and two courts" (that is, the people's government, people's courts, and people's procuratorates) are all created by the people's congresses at the same level, responsible and reporting to them, and subject to their supervision.

Therefore, the National People's Congress held once a year in March must listen to and review the government work report made by the Premier of the State Council, the work reports made by the Supreme People's Court and the Supreme People's Procuratorate, and make resolutions.In addition, the establishment of the Hong Kong and Macao special administrative regions and the establishment of the municipality directly under the Central Government of Chongqing, as well as the approval of the five-year plan (plan) for "national economic and social development" that have great guiding significance for China's economic and social development, must be approved by the National People's Congress , to reflect the common will of the people of the whole country.

In order to enable the National People's Congress and its Standing Committee to effectively exercise various functions and powers such as legislation, supervision, decision-making, appointment and removal, and better perform the functions of the highest state power organ, a special committee of the National People's Congress was established under the leadership of the National People's Congress and its Standing Committee , research, deliberate and formulate relevant proposals.The biggest feature of the work of special committees is specialization and regularization.At present, the National People's Congress has established nine special committees: Ethnicities Committee, Legal Committee, Internal Affairs and Judiciary Committee, Finance and Economics Committee, Education, Science, Culture and Health Committee, Foreign Affairs Committee, Overseas Chinese Committee, Environment and Resources Protection Committee, and Agriculture and Rural Affairs Committee.

Special committees do not suspend work due to the adjournment of the National People's Congress, and can assist the National People's Congress and its Standing Committee in their regular work.This combines the characteristics of the Standing Committee and the special committees that pay more attention to routine and professionalism, and the characteristics of people's congresses that pay more attention to the broadness and representativeness of the deputies. At the same time, the disadvantages are weakened.

The power of supervision is an important function and power endowed by the Constitution to the People's Congress and its Standing Committee.The supervision of the "one government and two courts" by the People's Congress and its Standing Committee is the legally effective supervision carried out on behalf of the country and the people. , the most legal supervision.

Focusing on supervision, the National People's Congress and its Standing Committee and special committees have done a lot of practical work.For example, since the outbreak of the international financial crisis, the central government has adopted a series of countermeasures to maintain growth and promote people's livelihood. In order to monitor the actual implementation of these measures, in 2009 the Standing Committee of the National People's Special research activities.During the three months from the end of May to the beginning of August, more than 5 members of the Standing Committee of the National People's Congress and its special committees and deputies to the National People's Congress, led by five vice-chairmen, went to the eastern, central and western regions. 8 provinces, districts, and municipalities went deep into construction sites, fields, scientific research institutes, and campus hospitals to conduct face-to-face investigations and studies on the spot, and formed 40 special research reports, which were obtained during the implementation of major investment projects by the central government The achievements, exposed problems, existing defects, and emerging phenomena were summarized and analyzed in a timely manner, and corresponding opinions and suggestions were put forward. In October, the No.18 meeting of the Standing Committee of the Eleventh National People's Congress not only heard and reviewed the State Council's report on the investment arrangement and implementation of the central government in that year, but also heard and reviewed the special investigation report of the Standing Committee of the National People's Congress.At the same meeting of the Standing Committee, listen to the special report of the State Council and the research report of the National People's Congress at the same time. Report to the Standing Committee of the National People's Congress in writing on the research and handling situation before the end of April 16.This is the first time in the National People's Congress.

In addition to supervision, inquiry and questioning are also the functions and powers of people's congresses at all levels. In May 1989, at the Second Session of the Seventh National People's Congress of Hunan Province, delegates raised questions about the clean-up and rectification of companies required by the central government.Unexpectedly, Yang Huiquan, the vice-governor who was in charge of this work, answered questions from representatives, but he didn't know anything about the children of provincial government officials and relatives working in the company.The 5 deputies to the Hunan Provincial People's Congress who raised the question were very dissatisfied with the answer, so they jointly proposed a motion for recall.As a result, the recall was passed with 177 votes in favor, 506 against, and 162 abstentions.Yang Huiquan became the first provincial and ministerial cadre to be dismissed for questioning.

"People's Daily" said about this report: A representative proudly said that we are no longer rubber stamps, we are no longer meeting and shaking hands, voting and raising hands, and clapping "three hands" representatives.Many deputies couldn't help shouting: "Long live the people!" Fu Xuejian, a deputy to the Seventh National People's Congress of Hunan Province who witnessed the incident, recalled afterwards: "This is contempt for the deputies and the rights of the people. Of course the deputies have reasons to express distrust of him." He said. He said that the impact of dismissing a deputy governor is far greater than the impact of electing a deputy governor. On January 2000, 1, at the Third Session of the Ninth National People's Congress of Guangdong Province, at the request of the NPC deputies, the Environmental Protection Bureau of Guangdong Province publicly accepted inquiries on the bureau's improper handling of the electroplating city in Nanjiang Industrial Park, Sihui City, and answered three rounds Neither was passed. 25 representatives submitted a motion to the Provincial People's Congress, suggesting that Wang Zikui Provincial Environmental Protection Bureau be replaced as deputy director.

At the National "Two Sessions" in 2010, Wu Bangguo, chairman of the Standing Committee of the National People's Congress, stated in the "Report on the Work of the Standing Committee of the National People's Congress" that the Standing Committee of the National People's Congress will conduct special inquiries and inquiries in accordance with the law.Inquiry has strict legal procedures and must be formally included in the agenda, so it is called an inquiry case; and inquiry (thematic inquiry is a type of inquiry) is used by people's congresses at all levels because it is simple and easy to do without procedural constraints. On the morning of August 2010, 8, the No. 27 meeting of the Standing Committee of the Eleventh National People's Congress formed two joint groups, which held meetings in the East Hall and West Hall of the Great Hall of the People respectively, to review the State Council's report on food security work and discuss More than 16 important issues related to food security have been asked to the heads of 20 departments of the country.

The Standing Committee of the Shanghai Municipal People's Congress was the first to follow up the special inquiry system. On September 2010, 9, 15 members of the Standing Committee of the Shanghai Municipal People's Congress made an inquiry on "establishing a long-term mechanism for urban management after the World Expo".According to statistics, in 13, the Standing Committees of People's Congresses of 2011 provinces (municipalities directly under the Central Government and autonomous regions) launched special inquiries.Through the questioning, it expresses the concern of governing the country and the security of the country, reveals the concern for people's livelihood and well-being, and reflects the process of people's criticism and supervision of power.

(End of this chapter)

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