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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:
in the administrative, judicial or procuratorial organs of the state. If he expects to hold such an office, he must first resign from his post in the Standing Committee.

  Article 24 The Chairman of the Standing Committee shall preside over meetings of the Standing Committee and directors work. The Vice-Chairmen and the Secretary-general shall assist the Chairman in his work. When entrusted by the Chairman, a Vice-Chairman may exercise certain functions and powers of the Chairman.

  Should the Chairman of the Standing Committee be incapacitated for work for reasons of health or should his office fall vacant, the Standing Committee shall choose one of the Vice-Chairmen to exercise the functions of the Chairman until the Chairman's recovery or until a new Chairman is elected by the National People's Congress.

  Article 25 A Council of the Chairman composed of the Standing committee's Chairman, Vice-Chairmen and Secretary-general shall handle the important day-to-day work of the Standing Committee, which shall consist of the following:

  (1) to decide on the time for each meeting of the Standing Committee and draft the agenda of the meeting;

  (2) to decide whether the bills, proposals and questions submitted to the Standing Committee should be referred to the relevant special committees or submitted to a general meeting of the Standing Committee for deliberation;

  (3) to direct and coordinate the day-to-day work of the special committees; and

  (4) to handle the other important day-to-day work of the Standing Committee.

  Article 26 The Standing Committee shall establish a Deputies Credentials Committee.

  The chairman, vice-chairmen and members of the Deputies Credentials Committee shall be nominated by the Council of the Chairman from among the members of the Standing Committee, and the nominees shall be approved at a meeting of the Standing Committee.

  Article 27 The Standing Committee shall establish a general office which shall work under the direction of the Secretary-general.

  The Standing Committee shall install Deputy Secretarie

s-general, whom it shall appoint or remove upon recommendation by the Chairman of the Standing Committee.

  Article 28 When necessary, the Standing Committee may establish working commissions.

  The chairman, vice-chairmen and members of the working commissions shall be appointed or removed by the Standing Committee upon recommendation by its Chairman.

  Article 29 Meetings of the Standing Committee, usually held once every other month, shall be called by its Chairman.

  Article 30 When the Standing Committee is in session, the standing committees of the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government may each send a chairman Or vice-chairman to attend the meetings and express their opinions.

  Article 31 The legislative bills and other bills brought before the Standing Committee for deliberation shall be adopted by a simple majority vote of all its members.

  Article 32 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 Standing Committee bills and proposals that fall within the scope of its functions and powers. The Council of the Chairman shall decide whether to directly submit the bills and proposals to a meeting of the Standing Committee for deliberation or to first refer them to the relevant special committees and after receiving the reports on their deliberations then submit the bills and proposals to the Standing Committee for deliberation.

  Bills and proposals that fall within the scope of the functions and powers of the Standing Committee may be submitted to the Standing Committee by ten or more members of the Standing Committee. The Council of the Chairman shall decide whether to directly submit the bills to a meeting of the Standing Committee for deliberation or to first submit them to the relevant special committees and after receiving the reports on their deliberations then submit the bills to the Standing Committee for deliberation.

  Article 33 During a session of the Standing Committee, a group of ten or more members of the Committee may submit to the Standing Committee written questions addressed to the State Council and the ministries and commissions under the State Council. The Council of the Chairman shall decide whether to refer the questions to the organs concerned for written replies or to request the heads of those agencies to give oral replies at meetings of the Standing Committee or the relevant special committees. When replies are to be given at meetings of the special committees, the members of the Standing Committee who submitted the questions may attend and express their opinions.

  Article 34 During each session of the National People's Congress, the Standing Committee must make a report on its work to the National People's Congress.

  Chapter III Committees of the National People's Congress

  Article 35 The National People's Congress shall establish a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special committees as may be deemed necessary by the National People's Congress. Congress, and of its Standing Committee when the Congress is not in session.

  Each special committee shall be composed of a chairman, vice-chairman and members.

  Candidates for chairman, vice-chairman or member of such special committees shall be nominated from among the deputies by the Presidium and shall be approved by the National People's Congress. When the National People's Congress is not in session, its Standing Committee may appoint additional members to the special committees, including a vice-chairman; the council of the Chairman shall make

nominations for these appointments, which shall be subject to approval by a meeting of the Standing Committee.

  Article 36 The chairman of each special committee shall preside over meetings of the committee and direct its work. The vice-chairmen shall assist the chairman in his work.

  The special committees may appoint a certain number of experts as advisers, if their work so requires. The advisers may attend special committee meetings and express their opinions.

  The advisers shall be appointed or removed by the Standing Committee of the National People's Congress.

  Article 37 The work of the special committees shall be as follows:

  (1) to deliberate on bills and proposals received from the Presidium or the Standing Committee of the National People's Congress;

  (2) to submit to the Presidium or the Standing Committee of the National People's Congress bills and proposals which are related to the special committees and which fall within the scope of functions and powers of the National People's Congress or its Standing Committee;

  (3) to examine and submit reports on items received from the Standing Committee of the National People's Congress which are considered to be in contravention of the Constitution or the law, namely: administrative regulations, decisions and orders issued by the State Council: orders, instructions and regulations issued by the ministries and commissions under the State Council; regulations and resolutions issued locally by the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees; and decisions, orders and regulations issued by the people's governments of the provinces, autonomous regions, And municipalities directly under the Central Government;

  (4) to examine questions referred by the Presidium or the Standing Committee of the National People's Congress, to hear the replies given by the organs questioned and, when necessary, to submit reports to the Presidium or the Standing Committee of the National People's Congress; and

  (5) to investigate and propose solutions to issues which are related to the special committees and which fall within the scope of functions and powers of the National People's Congress or its Standing Committee.

  The Nationalities Committee may, in addition, conduct investigations and make proposals on how to strengthen unity among the nationalities; it shall deliberate on the regulations on autonomy and separate regulations submitted by the autonomous regions to the Standing Committee of the National People's Congress for approval and shall report its deliberations to the Standing Committee of the National People's Congress.

  The Law Committee shall deliberate on all drafted laws submitted to the National People's Congress or its Standing Committee; other special committees shall send to the Law Committee their comments on the drafts which concern them.

  Article 38 The National People's Congress and its Standing Committee may appoint committees for the investigation of specific issues. The organization and work of the committees shall be decided by the National People's Congress or its Standing Committee.

  Chapter IV Deputies to the national People's Congress

  Article 39 The term of office of the deputies to each National People's Congress shall be five years, beginning with its first session and ending with the first session of the succeeding National People's Congress.

  Article 40 Deputies to the National People's Congress must observe the Constitution and the l

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