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Backgrounder: Legislative Power of NPC, Its Standing Committee
China's Constitution has defined, in principle, the legislative power of the National People's Congress (NPC) and its Standing Committee.
According to the Constitution, the NPC exercises the following legislative powers:
-- To amend the Constitution;
In China, amendments to the Constitution are to be proposed by the Standing Committee of the NPC or by more than one-fifth of all deputies to the NPC and adopted by a majority vote of more than two-thirds of all the deputies.
-- To enact and amend basic statutes concerning criminal offenses and civil affairs;
-- To enact and amend statutes concerning State organs, which generally refer to various kinds of organizational laws;
-- To enact and amend basic statutes concerning other matters, such as laws on election, nationality and marriage;
The NPC Standing Committee has been given legislative power to meet the objective requirements of the country's reform, opening and modernization drive.
The NPC Standing Committee exercises the following powers:
-- To enact and amend statutes with the exception of those which should be enacted by the NPC;
-- To enact, when the NPC is not in session, partial supplements and amendments to statutes enacted by the NPC provided that they do not contravene the basic principles of these statutes;
-- To interpret the Constitution and statutes;
-- To annul administrative rules and regulations, decisions and orders of the State Council that contravene the Constitution or the statutes;
-- To annul local regulations or decisions of the organs of state power of provinces, autonomous regions and centrally- administered municipalities that contravene the Construction, the statutes or the administrative rules and regulations.
In This Section
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