中华人民共和国立法法 Legislation Law of the Peoples Republic of China

(Adopted at the 3rd Session of the Ninth National People's congress on March 15, 2000)
颁布日期：20000315 　实施日期：20000701 　颁布单位：全国人大

　　Order of the President of the People's Republic o China

　　No.31

　　The Legislation Law of the People's Republic of China, adopted by the 3rd Session of the Ninth National People's Congress of the People's Republic of China on March 15,2000, is hereby promulgated and shall go into effect as of July 1, 2000.

　　Jiang Zemin

　　President of the People's Republic of China

　　March 15,2000

　　Contents

　　Chapter I General Provisions

　　Chapter II Laws

　　Section 1 Limits of Legislative Power

　　Section 2 Legislation Procedures for the National People's

　　Congress

　　Section 3 Legislation Procedures for the Standing Committee

　　of the National People's Congress

　　Section 4 Legal Interpretation

　　Section 5 Other Provisions

　　Chapter III Administrative Regulations

　　Chapter IV Local Regulations, Autonomous

　　Regulations, Separate Regulations and Rules

　　Section 1 Local Regulations, Autonomous Regulations and

　　Separate Regulations

　　Section 2 Rules

　　Chapter V Application and Record

　　Chapter VI Supplementary Provisions

　　Chapter I

　　General Provisions

　　Article 1 This law is enacted in accordance with the Constitution with a view to standardizing legislation, establishing a legislative system of the State, establishing and improving the socialist legal system with Chinese characteristics, safeguarding and developing socialist democracy, promoting the government o the country according to law and building a socialist country under the rule of law.

　　Article 2 This Law shall be applicable to the enactment, revision and nullification of laws, administrative regulations, local regulations, autonomous regulations and separate regulations.

　　The rules of the departments under the State Council and of the local governments shall be formulated, revised and nullified in accordance with the relevant provisions of this Law.

　　Article 3 Laws shall be made in compliance with the basic principles laid down in the Constitution, principles of taking economic development as the central task, adhering to the socialist road and the people's democratic dictatorship, upholding leadership by the Communist Party of China, upholding Marxism-Leninism, Mao Zetong Thought and Deng Xiaoping theory and persevering in reform and in opening to the Outside world.

　　Article 4 Laws shall be made in accordance with the statutory limits of power and procedures, on the basis of the overall interests of the State and for the purpose of safeguarding the uniformity and dignity of the socialist legal system.

　　Article 5 Laws shall be made in order to embody the will of the people, enhance socialist democracy and guarantee that the people participate in legislative activities through various channels.

　　Article 6 Law shall be made by proceeding from reality and scientifically and rationally prescribing the rights and duties of citizens, legal persons and other organizations, and the powers and responsibilities of State organs.

　　Chapter II

　　Laws

　　Section 1

　　Limits of Legislative Power

　　Article 7 The National People's Congress and its Standing Committee exercise the legislative power of the State.

　　The National People's Congress enacts and amends basic laws governing criminal offences, civil affairs, the state organs and other matters.

　　The Standing Committee of the National People's Congress enacts and amends laws other than the ones to be enacted by the National People's Congress, and when the National People's Congress is not in session, Partially supplements and amends laws enacted by the National People's Co

ngress, but not in contradiction to the basic principles of such laws.

　　Article 8 The following affairs shall only be governed by law：

　　(1)affairs concerning State sovereignty;

　　(2)formation, organization, and the functions and powers of the people's congresses, the people's governments, the people's courts and the people's procuratorates at all levels;

　　(3)the system of regional national autonomy , the system of special administrative region, the system of self-government among people at the grassroots level;

　　(4)criminal offences and their punishment;

　　(5)mandatory measures and penalties involving deprivation of citizensof their political rights or restriction of the freedom of their person;

　　(6)requisition of non-State-owned property;

　　(7)basic civil system;

　　(8)basic economic system and basic systems of finance, taxation, customs, banking and foreign trade;

　　(9)systems of litigation and arbitration; and

　　(10)other affairs on which laws must be made by the National People's Congress or its Standing Committee.

　　Article 9 If laws have not been enacted on the affairs specified in Article 8 of this Law, the National People's Congress or its Standing Committee has the power to make a decision to authorize the State council to formulate, according to actual needs, administrative regulations first onpart of those affairs, except for the affairs concerning criminal offences andtheir punishment, mandatory measures and penalties involving deprivation of citizens of their political rights or restriction of the freedom of their person, and the judicial system.

　　Article 10 in a decision on authorization, the purpose and scope of the authorization shall be clearly defined.

　　The authorization organ shall exercise the power strictly in compliance with the authorized purpose and scope.

　　The authorized organ may not impart the authorized power to any other organs.

　　Article 11 After the administrative regulations on and affair formulated under authorization have been tested in parctice and when the conditions are ripe for making a law on the affair, the National People's Congress or its Standing Committee shall make a law on it in a timely manner. As soon as the law is made, the authorization with regard to that matter shall be terminated accordingly.

　　Section 2

　　Legislation Procedures for the National People's Congress

　　Article 12 The Presidium of the National People's Congress may submit to the National People's Congress Legislative bills, which shall be deliberated by the session of the National People's Congress.

　　The Standing Committee of the National People's Congress, the State Council, the Central Military Commission, the Supreme People's court, the Supreme People's Procuratorate and the special committees of the National People's Congress may submit to the National People's Congress legislative bills, which shall be put on the agenda of a session by decision of the Presidium.

　　Article 13 A delegation or a group of thirty or more deputies may submit a legislative bill to the National People's Congress. The Presidium shall decide whether or not to put it on the agenda of the session, or shall refer do so after referring the bill to a relevant special committee for deliberation and for making a proposal as to whether to put it on the agenda.

　　When the special committee holds a meeting to deliberate the bill, it may invite the sponsoring person to attend the meeting and express

　　Article 14 A legislative bill to be submitted to the National People's Congress may be submitted first to the Standing Committee when the National People's congress is not tin session, and after the Standing Committee has deliberated on it at its meetings in accordance with the procedures stipulated in Section 3 of Chapter II of this Law and decides to submit

it to the National People's Congress for deliberation, the Standing Committee or the sponsor shall make explanations to a plenary meeting of the session

　　Article 15 When the Standing Committee decides to submit a legislative bill to a session of the National People's Congress for deliberation, it shall distribute the draft bill to the deputies one month before the session is convoked.

　　Article 16 The legislative bill that has been placed on the agenda of a session of the National People's Congress shall be deliberated on by all the delegations after the explanation made by the sponsor has been heard at a plenary meeting of the session.

　　When the delegations are deliberating on a legislative bill, the sponsor shall send people to listen to their opinions and answer inquiries.

　　When the delegations are deliberating on a legislative bill, the relevant organ or organization shall, at the request of the delegations, send people to give briefings therefor.

　　Article 17 The legislative bill that has been placed on the agenda of a session of the National People's Congress shall be deliberated by the relevant special committee which shall submit its deliberated opinions to the Presidium, and the opinions shall also be printed and distributed at the session.

　　Article 18 The legislative bill that has been placed on the agenda of a session of the National People's Congress shall be subject to a unified deliberation by its Law Committee on the basis of the deliberated opinions of the various delegations and the relevant special committee. The Law Committee shall submit to the Presidium a report on the result of its deliberation and a revised draft law; major dissenting views shall be stated in the report. After

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