中华人民共和国全国人民代表大会议事规则 Rules of Procedure for the National Peoples congress of the Peoples Republic of
2009-03-24 法律英语 来源:互联网 作者: ℃The outcome of an election or vote shall be announced on the spot by the person presiding over the meeting. The number of votes received by a candidate shall be announced.
Article 37 Specific measures for elections and decisio
ns on appointment at a session of the National People's Congress shall be adopted at a plenary meeting of the session.
Article 38 During a session of the National People's Congress, if a member of the standing Committee of the National People's Congress, the President or Vice-President of the People's Republic of China, a member of the State Council, a member of the Central Military Commission, the President of the Supreme People's Court or the Procurator-General of the Supreme People's Procuratorate tenders his resignation, the Presidium shall first forward the resignation to the delegations for deliberation and then submit it to a plenary meeting of the session for decision; if a resignation is tendered when the National People's Congress is not in session, the Council of Chairmen shall submit the resignation to the Standing Committee of the National People's Congress for deliberation and decision. If the Standing Committee of the National People's Congress accepts the resignation of a member of the Standing Committee of the National People's Congress, the President or a Vice-President of the People's Republic of China, the Premier or a Vice-President the State Council, a State Councilor, the Chairman of the Central Military Commission, the President of the supreme People's Court or the Procurator-General of the Supreme People's Procuratorate, it shall refer the resignation to the next session of the National People's Congress for confirmation.
When the National People's Congress is not in session, should the office of the Premier of the State Council, the chairman of the Central Military Commission, the President of the Supreme People's Court or the Procurator-General of the Supreme People's procuratorate becomes vacant, the Standing Committee of the National People's Congress shall choose a person to act in his capacity respectively from among the Vice-Premiers of the State Council, the Vice-Chairmen of the Central Military Commission, the Vice-Presidents of the Supreme People's Court or the Deputy Procurators-General of the Supreme People's Procuratorate.
Article 39 The Presidium, three or more delegations or a group of at least one tenth of the number of deputies to the National People's Congress may submit a proposal for removal from office of a member of the Standing Committee of the National People's Congress, the President or Vice-President of the People's Republic of China, a member of the State Council, a member of the Central Military Commission, the President of the Supreme People's Court or the Procurator-General of the supreme People's Procuratorate. The Presidium shall refer the proposal to the delegations for deliberation and then put it to the vote at a plenary meeting of the session; or in accordance with the provisions of Chapter VI of these Rules, an investigation committee shall be organized by decision of a plenary meeting of the session on a proposal by the Presidium and, on the basis of the report of the investigation committee, the proposal for removal from office shall be deliberated and decided at the next session of the National People's Congress.
For a proposal for removal from office, the reasons thereof shall be stated and the relevant information provided.
Before a proposal for removal from office is put to the vote at a plenary meeting of a session, the person proposed to be removed from office shall have the right to defend himself at a meeting of the Presidium or a plenary meeting of the session ,or to present a written statement in his defend, which shall be printed by the Presidium for distribution at the session.
Article 40 For a member of the Standing Committee or a special committee of the National People's Congress whose position as a deputy to the National People's Congress is recalled by the unit that elected him, the position he holds as a member of the Standing Committee or a special committee of the National People's Con
gress shall be annulled accordingly, which shall be announced by the Presidium or the Standing Committee of the National People's Congress.
Chapter V Inquiries and the Addressing of Questions
Article 41 during deliberations by delegations on a bill or proposal and a relevant report, the department concerned shall send leading personnel to attend the meeting to listen to comments and answer questions raised by deputies.
During deliberations on the work report of the government and examinations of the report on the plan for national economic and social development and the implementation of the previous year's plan, and of the report on the state budget and the implementation of the previous year's state budget, at the general meetings of the various delegations, leaders of the State Council and of departments under the State Council shall respectively attend the meeting, listen to comments and answer inquiries.
During deliberations by the Presidium and by the special committees on a bill or proposal and a relevant report, leaders of the State Council or the organs concerned shall attend the meeting to listen to comments and answer inquiries and may also make additional explanations about the bill or proposal and the relevant report.
Article 42 During a session of the National People's Congress, a delegation or a group of thirty or ore deputies may submit a written proposal for addressing questions to the State Council and departments under the State Council.
Article 43 In the proposals for the addressing of questions, the objects to be questioned and the topics and contents to be questioned about must be clearly stated.
Article 44 With regard to a proposal for addressing questions, the Presidium shall decide whether to request the head of the organ questioned to give an oral reply at a meeting of the Presidium, a meeting of the relevant special committee or a meeting of the relevant delegation, or to refer the questions to the organ concerned for a written reply. If the reply is to be given at a meeting of the Presidium or of a special committee, the head of the delegation or the deputies who addressed the questions shall have the right to attend the meeting to express their opinions.
If the delegation or the deputies who submitted the proposal for addressing questions are not satisfied with the reply, they may raise their request. The organ questioned shall, y decision of the Presidium, give an other reply.
If the reply is given at a meeting of a special committee or a delegation, the relevant special committee or delegation shall report the reply and the related circumstances to the Presidium.
The Presidium may, when it deems it necessary, print for distribution at the session the report on the reply to the proposal for addressing questions and the related circumstances.
If the reply is given in written form, it shall be signed by the head of the organ questioned and shall, by decision of the Presidium, be printed for distribution at the session.
Chapter VI Investigation Committees
Article 45 The National People's Congress may, when it deems it necessary, appoint committees for the investigation of specific questions.
Article 46 The Presidium, three or more delegations or a group of one tenth or more of the number of deputies may put forward a proposal for appointing committees for the investigation of specific question. The proposal shall be submitted by the Presidium to a plenary meeting of the session for decision.
An investigation committee shall be composed of a chairman and a certain number of vice-chairmen and members, who shall be nominated by the Presidium from among the deputies and approved by a plenary meeting of the session. An investigation committee may invite specialists to participate in its investigations.
Article 47 When an investigation committee con
ducts investigations, all state organs, public organizations and citizens concerned shall be obliged to truthfully furnish the necessary information. If the citizens who furnish the information request the investigation committee to keep the sources of information confidential, the investigation committee shall keep them confidential.
The investigation committee may, in the course of its investigation, choose not to make public the information or materials obtained through investigation.
Article 48 An investigation committee shall submit an investigation report to the National People's Congress may about appropriate resolutions based on the report of the investigation committee.
The Standing Committee of the National People's Congress may be authorized by the National People's Congress to hear the investigation report of an investigation committee and adopt appropriate resolutions, when the National People's Congress is not in session, and shall report to the next session of the National People's Congress for the record.
Chapter VII Speaking and Voting
Article 49 Deputies to the National People's Congress shall not be held legally liable for their speeches or votes at various meetings of the National People's Congress.
Article 50 A deputy who is to speak at a plenary meeting of a session my speak twice, with the first speech not exceeding ten minutes and the second speech not exceeding five minutes.
A deputy who asks to speak at a plenary meeting of a
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