中华人民共和国全国人民代表大会组织法 ORGANIC LAW OF THE NATIONAL PEOPLES CONGRESS OF THE PEOPLES REPUBLIC OF CHINA
2009-03-24 法律英语 来源:互联网 作者: ℃(Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the proclamation of the National People's Congress on December 10, 1982)
颁布日期:19821210 实施日期:19821210 颁布单位:全国人大
Chapter I Sessions of the National People's Congress
Article 1 Sessions of the National People's Congress shall be convened in accordance with the relevant provisions of the Constitution of the People's Republic of China.
The first session of each National People's Congress shall be convened by the Standing Committee of the previous National People's Congress within two months of the election of deputies to the current National People's Congress.
Article 2 A month before the convening of a session of the National People's Congress, its Standing Committee shall notify the deputies of the date of the session and of the main items on the proposed agenda.
The provisions of the preceding paragraph shall not apply to specially convened sessions of the National People's Congress.
Article 3 After deputies to the National People's Congress have been elected, their credentials shall be examined by the Credentials Committee of the Standing Committee of the National People's Congress.
Based on the reports submitted by the Credentials Committee, the Standing Committee of the National People's Congress shall affirm the qualifications of deputies or invalidate the election of individual deputies, and shall publish then list of affirmed deputies prior to the first session of each National People's Congress.
Deputies to the National People's Congress who are elected through by-elections shall have their credentials examined in accordance with the provisions of the preceding paragraphs.
Article 4 Deputies to the National People's Congress shall be grouped into delegations based on the units that elect them. Each delegation shall elect a head and deputy-heads.
Before each session of the National People's Congress is convened, the delegations shall discuss matters concerning preparations for the session put forward by the Standing Committee of the National People's Congress. During the session, the delegations shall deliberate on the bills and proposals submitted to the Congress, and the heads of delegations or representatives chosen by them may express, on behalf of those delegations, opinions on the bills and proposals at meetings of the Presidium or at plenary meetings of the session.
Article 5 Before each session of the National People's Congress, a preparatory meeting shall be held to elect a Presidium and a Secretary General for the session, adopt an agenda for that session and make decisions on other preparatory work.
The preparatory meeting shall be presided over by the Standing Committee of the National People's Congress. The preparatory meeting of the first session of each National People's Congress shall be conducted by the Standing Committee of the previous National People's Congress.
Article 6 The Presidium shall preside over the sessions of the National People's Congress.
The Presidium shall elect some of its members to rotate as executive chairmen of the sessions.
Standing chairmen shall be elected by the Presidium to convene and preside over meetings of the Presidium.
Article 7 For each session, the National People's Congress shall set up a secretariat which shall work under the direction of the Secretary-general.
Each session of the National People's Congress shall install several Deputy Secretaries-general, whose choice shall be decided on by the Presidium.
Article 8 Members of the State Council, members of the Central Military Commission, the President of the Supreme People's Court and the Procurator-General of the Supreme People's Procuratorate may attend meetings of the National People's Congress but with
out voting rights. By decision of the Presidium, responsible officers of other state organs and public organizations may also attend meetings of the National People's Congress without voting rights.
Article 9 The Presidium, the Standing Committee and the special committees of the National People's Congress, the State Council, the Central Military Commission, the Supreme People's Court and the Supreme People's Procuratorate may submit to the National People's Congress bills or proposals that fall within the scope of its functions and powers. The Presidium shall decide whether to refer the bills or proposals to the various delegations or to the delegations and relevant special committees for deliberation. The result of the deliberations shall then be reported to the Presidium which may, after its own deliberation and decision, put the bills or proposals to a vote at a plenary meeting.
Article 10 A delegation or a group of thirty or more deputies may submit to the National People's Congress bills or proposals that fall within the scope of its functions and powers. The Presidium may decide whether or not to put the bills or proposals on the agenda of the Congress, or it may refer the bills or proposals to the relevant special committees for deliberation and after receiving their opinions then decide whether or not to put the bills or proposals on the agenda of the Congress.
Article 11 Deliberation on a bill or proposal submitted to the National People's Congress shall terminate upon the request of its sponsor for its with drawl before it is put to a vote in the Congress.
Article 12 Sessions of the National People's Congress shall adopt bills amending the Constitution, legislative bills and other bills in accordance with the relevant provisions of the Constitution of the People's Republic of China.
Article 13 Candidates for Chairman, Vice-Chairman, Secretary-general and other member of the Standing Committee of the National People's Congress, President and Vice-President of the People's Republic of China, Chairman of the Central Military Commission, President of the Supreme People's Court and Procurator-General of the Supreme People's Procuratorate shall be nominated by the Presidium which, after consultation among the various delegations, shall decide upon a formal list of candidates, based on the opinion of the majority of deputies.
Article 14 The Premier and other members of the State Council and members of the Central Military Commission other than its Chairman shall be nominated in accordance with the relevant provision of the Constitution.
Article 15 Proposals of the 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 or the Central Military Commission, the President of the Supreme People's Court or the Procurator-General of the Supreme People's Procuratorate may be submitted by three or more delegations or at least one-tenth of the number of deputies to the National People's Congress. The Presidium shall then put the proposal before the Congress for deliberation.
Article 16 During a session of the National People's Congress, a delegation or a group of thirty or more deputies may address written questions to the State Council and the ministries and commissions under the State Council. The Presidium shall decide whether to refer the questions to the organs concerned for written replies or to ask the leaders of those organs to give oral replies at meetings of the Presidium, the relevant special committees or there levant delegations. If the replies are to be given at meetings of the Presidium or special committees, the head of the delegation or of the group of deputies who addressed the questions may also attend the meetings to express their opinions.
Article 17 During deliberation on a bill or proposal
in the National People's Congress, deputies may address inquiries to the relevant state organs, and those organs shall send their representatives to give explanations at group meetings of the deputies or at delegation meetings.
Article 18 At sessions of the National People's Congress, elections may be conducted and bills may be passed by secret ballot, by a show of hands or by any other form as decided by the Presidium.
Article 19 When the National People's Congress is in session, deputies from the minority nationalities shall be provided with the necessary facilities for interpretation.
Article 20 Sessions of the National People's Congress shall be open to the public; when necessary, closed sessions may be held by decision of a meeting of the Presidium and the beads of all the delegations.
Article 21 The proposals, criticisms and opinions put forward by deputies to the National People's Congress or its Standing Committee concerning any sphere of work shall be referred by the office of the Standing Committee to There levant agencies or organizations for study, handling and a responsible answer.
Chapter II The Standing Committee of the National People's Congress
Article 22 The Standing Committee of the National People's Congress shall exercise the functions and powers prescribed in the Constitution of the People's Republic of China.
Article 23 The Standing Committee of the National People's Congress shall be composed of the following personnel:
the Chairman;
the Vice-Chairmen;
the Secretary-general; and
other members.
Members of the Standing Committee shall be elected by the National People's Congress from among its deputies.
A member of the Standing Committee may not bold office
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