Functions and Powers of the Standing Commitee

Legislative power

The NPC and its Standing Committee jointly exercise the power to enact laws in China. The NPC Standing Committee may enact and amend all laws, except those that should be enacted and amended by the NPC. When the NPC is not in session, its Standing Committee may partially supplement and amend laws that the NPC enacted, as long as the changes do not contravene the law’ s basic principles. The Standing Committee also has the power to interpret the Constitution and other laws.

Supervisory power

The NPC Standing Committee has the power to supervise the enforcement of the Constitution. It supervises the work of the State Council, the Central Military Commission, 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 laws, and to annul local regulations or decisions of 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.

The fundamental means through which the NPC Standing Committee exercises supervision are as follows: to listen to and examine special work reports made by the State Council and its relevant departments, the National Supervisory Commission, the Supreme People’s Court and the Supreme People’s Procuratorate; to inspect the enforcement of laws; and to put on record and review regulatory documents, such as administrative regulations of the State Council, local regulations adopted by local people’s congresses, autonomy regulations and separate regulations.

In addition, the Standing Committee may also supervise the work of the State Council, the National Supervisory Commission, the Supreme People’s Court and the Supreme People’s Procuratorate by questioning, addressing inquiries and investigating specific issues.

The power to decide upon major State issues

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 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. The Standing Committee also institutes State medals and titles of honor and decides on their conferment.

It makes decisions on the granting of special pardons. It decides on general or partial mobilization, and on entering into 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 power to appoint and remove from office members of central State organs

When the NPC is not in session, its Standing Committee decides on the choice of ministers in charge of ministries or commissions, the governor of the People’ s Bank of China, the auditor- general or the secretary-general of the State Council upon nomination by the Premier of the State Council; it decides on the choice of other members of the Central Military Commission upon nomination by the Chairman of the Commission; it appoints or removes the deputy directors and members of the National Supervisory Commission at the recommendation of the director of the commission; it appoints or removes at the recommendation of the President of the Supreme People’ s Court, the vice-presidents and judges of the Supreme People’ s Court, members of its Judicial Committee and the President of the Military Court; it appoints or removes, at the recommendation of the Procurator-General of the Supreme People ’ s Procuratorate, the deputy procurators-general and procurators of the Supreme People’ s Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military Procuratorate, and approves the appointment or removal of the chief procurators of the people’ s procuratorates of provinces, autonomous regions and municipalities directly under the central government; it decides on the appointment or recall of plenipotentiary representatives abroad.