Law of the People’s Republic of China on Supervision by the

Standing Committees of the People’s Congresses at All Levels

(Adopted at the 23rd Meeting of the Standing Committee of the Tenth National People’s Congress on August 27, 2006)

Contents

Chapter Ⅰ General Provisions

Chapter Ⅱ Listening to and Deliberating on Special Work Reports Delivered by People’s Governments, People’s Courts and People’s Procuratorates

Chapter Ⅲ Reviewing and Approving Final Accounts, Listening to and Deliberating on Reports on Implementation of the Plans for National Economic and Social Development and the Budgets, and Listening to and Deliberating on Reports on Audit Work

Chapter Ⅳ Inspecting the Implementation of Laws and Regulations

Chapter Ⅴ Recording and Reviewing Normative Documents

Chapter Ⅵ Addressing Questions and Inquiries

Chapter Ⅶ Investigating Specific Issues

Chapter Ⅷ Deliberating and Deciding on Proposals for Dismissal

Chapter Ⅸ Supplementary Provisions

ChapterⅠ

General Provisions

Article 1 This Law is enacted in accordance with the Constitution to ensure that the Standing Committee of the National People’s Congress and the standing committees of the local people’s congresses at or above the county level exercise their function and power of supervision in accordance with law, to develop socialist democracy, and to promote law-based governance.

Article 2 The standing committees of the people’s congresses at all levels shall exercise their power of supervision in accordance with the Constitution and the provisions of relevant laws.

The provisions of this Law shall apply to the procedure for the standing committees of the people’s congresses at all levels to exercise their function and power of supervision; where no provisions are stipulated in this law, the provisions of relevant laws shall be applicable.

Article 3 In exercising their function and power of supervision, the standing committees of the people’s congresses at all levels shall aim to serve the overall work of the country, take economic development as the central task, uphold leadership of the Communist Party of China, follow Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the Theory of Three Represents, adhere to the people’s democratic dictatorship, keep to the socialist road, and continue to reform and open up to the outside world.

Article 4 The standing committees of the people’s congresses at all levels shall, on the principle of democratic centralism, collectively exercise the function and power of supervision.

Article 5 The standing committees of the people’s congresses at all levels shall supervise the work of the people’s governments, people’s courts and people’s procuratorates at corresponding levels in order to promote law-based administration and impartial administration of justice.

Article 6 The standing committees of the people’s congresses at all levels shall subject themselves to supervision by reporting to the people’s congresses at corresponding levels on their exercise of the supervision power.

Article 7 The standing committees of the people’s congresses at all levels shall guarantee the public access to information related to their exercise of the supervision function and power.

Chapter Ⅱ

Listening to and Deliberating on Special Work Reports Delivered by People’s Governments, People’s Courts and People’s Procuratorates

Article 8 The standing committees of the people’s congresses at all levels shall annually select a number of important issues which concern reform, development and stability and are in people’s immediate interests and of public concern, and make arrangements to listen to and deliberate on special work reports of people’s governments, people’s courts and people’s procuratorates at corresponding levels in a planned way.

The annual plans made by the standing committees to listen to and deliberate on the special work reports, upon adoption at the Council of Chairpersons of the Standing Committee of the National People’s Congress or the councils of chairpersons of the standing committees of the local people’s congresses, shall be distributed to the component members of the standing committees and made known to the public.

Article 9 The subjects for discussion in respect of the special work reports of a people’s government, people’s court and people’s procuratorate to be listened to and deliberated on by the standing committee at the corresponding level shall be determined on the basis of the following problems discovered through different channels:

(1)  outstanding problems which are discovered by the standing committee of the people’s congress at the corresponding level in the law implementation inspection;

(2)  problems which are presented in most of the suggestions, criticisms and opinions on the work of the people’s government, people’s court and people’s procuratorate, which are offered by the deputies to the people’s congress at the corresponding level;

(3)  problems which are repeatedly raised by component members of the standing committee of the people’s congress at the corresponding level;

(4)  outstanding problems which are discovered by the special committees, or the working bodies of the standing committee of the people’s congress at the corresponding level in investigation and research;

(5)  problems which are repeatedly reflected in the letters and visits by the public; and

(6)  other problems which are of public concern.

The people’s government, people’s court or people’s procuratorate may submit a request to the standing committee of the people’s congress at the corresponding level to make a report on special work.

Article 10 Before the standing committee of a people’s congress listens to and deliberates on a special work report, the council of chairpersons may arrange for the component members of the standing committee and the deputies to the people’s congress at the corresponding level to make inspection tours in respect of relevant work or conduct investigation and research on specific subjects.

The standing committee may arrange for the deputies who have taken part in the inspection tours or investigation and research on specific subjects to be present at the meeting of the standing committee as non-voting participants to listen to the special work report and put forward their opinions.

Article 11 Before the standing committee of a people’s congress listens to and deliberates on a special work report, its administrative body shall gather together the opinions on the work put forward by various quarters, and send them to the people’s government, people’s court or people’s procuratorate at the corresponding level, which shall study the opinions and make a response in its special work report.

Article 12 The people’s government, people’s court or people’s procuratorate shall, 20 days before the meeting of the standing committee at the corresponding level is held, have its administrative body send its special work report to the relevant special committees of the people’s congress or the relevant working bodies of the standing committee in order to solicit opinions, and shall send the revised report to the standing committee 10 days before the meeting of the standing committee is held.

The administrative body of the standing committee shall distribute the special work report to the component members of the standing committee 7 days before the meeting of the standing committee is held.

Article 13 The special work report shall be delivered by the person in charge of the people’s government, people’s court or people’s procuratorate to the standing committee of the people’s congress at the corresponding level, and the people’s government may also authorize the person in charge of a department concerned to deliver the report to the standing committee of the people’s congress.

Article 14 The deliberation opinions of the component members of the standing committee regarding the special work report shall be sent to the people’s government, people’s court or people’s procuratorate for study and handling. The said government, court or procuratorate shall submit a written report to the standing committee after having its administrative body send the results of the study and handling to the relevant special committees of the people’s congress or the relevant working bodies of the standing committee for opinions. When the standing committee deems it necessary, it may adopt a resolution on the special work report, and the people’s government, people’s court or people’s procuratorate shall, within the time limit prescribed in the resolution, report to the standing committee on its implementation of the resolution.

The special work reports that the standing committees have listened to, their deliberation opinions, and the reports on the results of study and handling in respect of the deliberation opinions or the implementation of the resolutions delivered by the people’s governments, people’s courts and people’s procuratorates shall be circulated among the deputies to the people’s congress and made known to the public.

Chapter Ⅲ

Reviewing and Approving Final Accounts, Listening to and Deliberating on Reports on Implementation of the Plans for National Economic and Social Development and the Budgets, and Listening to and Deliberating on Reports on Audit Work

Article 15 The State Council shall, in June every year, submit the draft of central final accounts of the previous year to the Standing Committee of the National People’s Congress for review and approval.

Local people’s governments at or above the county level shall, during the period of June through September every year, submit the drafts of their final accounts of the previous year to the standing committees of the people’s congresses at corresponding levels for review and approval.

A draft of the final accounts shall be drawn up under the items listed in the budget approved by the people’s congress at the corresponding level and shall present the amounts budgeted, adjusted or altered, and practically used with explanations.

Article 16 The State Council and the local people’s governments at or above the county level shall, during the period of June through September every year, report to the standing committees of the people’s congresses at corresponding levels on the implementation of the plans for national economic and social development and the budgets during the first half of the current year.

Article 17 Where, after approval by the people’s congress, the plan for national economic and social development or the budget needs to be partially adjusted during implementation, the State Council or a local people’s government at or above the county level shall submit the plan for adjustment to the standing committee of the people’s congress at the corresponding level for review and approval.

The adjustment of budgetary funds between different items shall be strictly controlled. Where the funds arranged in the budget for agriculture, education, science and technology, culture, public health, social security, etc., need to be reduced, the State Council or a local people’s government at or above the county level shall submit the matter to the standing committee of the people's congresses at the corresponding level for review and approval.

The relevant department under the State Council or of the local people’s government at or above the county level shall, one month before the standing committee of the people’s congress at the corresponding level holds meetings to review and approve the budget adjustment plan, submit a preliminary plan for budget adjustment to the financial and economic affairs committee of the people’s congress at the corresponding level for preliminary review, or to the relevant working bodies of the standing committee for opinions.

Article 18 When reviewing the draft final accounts and the report on budget implementation, the standing committee shall focus on the following:

(1)  balance between the budget revenues and expenditures;

(2)  arrangements for expenditures on key areas and the funds allocated;

(3)  arrangements for extra revenues and their use;

(4)  establishment and application of the budget system in a department;

(5)  transfer of payments to the government at the next lower level; and

(6)  implementation of the resolution adopted by the people’s congress at the corresponding level on approving the budget.

In addition to what is specified in the preceding paragraph, the Standing Committee of the National People’s Congress shall focus on reviewing the balance of government bonds, and the standing committees of the local people’s congresses at or above the county level shall, on their part, focus on reviewing the subsidy funds arranged by the government at the next higher level and their use.

Article 19 As the standing committee of a people’s congress reviews and approves the final accounts every year, it shall listen to and deliberate on the report on audit work prepared by the audit organ in respect of the implementation of the budget over the previous year and other financial revenues and expenditures, which is submitted by the people’s government at the corresponding level.

Article 20 The deliberation opinions of the component members of a standing committee regarding the report on the implementation of the plan for national economic and social development, the report on the implementation of the budget, and the report on audit work shall be sent to the people’s government at the corresponding level for study and handling. The people’s government shall submit to the standing committee a written report on the results of study and handling. When the standing committee deems it necessary, it may adopt a resolution on the report on audit work, and the people’s government shall, within the time limit prescribed in the resolution, report to the standing committee on the implementation of the resolution.

The report on the implementation of the plan for national economic and social development, the report on the implementation of the budget, and the report on audit work that a standing committee has listened to and its deliberation opinions regarding the reports, as well as the report submitted by the people’s government on the results of its study and handling of the said opinions or the report on its implementation of the resolution, shall be circulated among the deputies to the people’s congress at the corresponding level and made known to the public.

Article 21 After a five-year plan for national economic and social development is approved by the people’s congress, the people’s government shall, at the mid-term stage of its implementation, submit a mid-term assessment report on the implementation of the plan to the standing committee of the people’s congress at the corresponding level for deliberation. Where the mid–term assessment shows that the plan needs to be adjusted, the government shall submit a proposal for adjustment to the standing committee of the people’s congress for review and approval.

Chapter Ⅳ

Inspecting the Implementation of Laws and Regulations

Article 22 The standing committees of the people’s congresses at all levels shall, by reference to the channels specified in Article 9 of this Law, annually select a number of important issues which concern reform, development and stability and are in people’s immediate interests and of public concern, and make plans for inspection of the implementation of relevant laws and regulations in respect of the said issues.

Article 23 The annual plan of a standing committee for inspection of law implementation shall, upon adoption by the council of chairpersons, be distributed among the component members of the standing committee and made known to the public.

The standing committee’s inspection of law implementation shall be organized by the relevant special committees of the people’s congress at the corresponding level or by the relevant working bodies of the standing committee.

Article 24 Based on the annual plan for inspection of law implementation, the standing committee shall organize law implementation inspection groups in accordance with the principles of crack members and high efficiency.

The members of a law implementation inspection group shall be selected from among the component members of the standing committee and the component members of the relevant special committees of the people’s congress at the corresponding level, and some deputies to the people’s congress may also be invited to join the group.

Article 25 The Standing Committee of the National People’s Congress and the standing committee of the people’s congress of a province, an autonomous region or a municipality directly under the Central Government may, where necessary, entrust the standing committee of a people’s congress at the next lower level to inspect the implementation of relevant laws and regulations in its administrative area. The entrusted standing committee shall submit a written report on the inspection to the standing committee of the people’s congress at the next higher level.

Article 26 After the law implementation inspection, the inspection group shall, in a timely manner, present an inspection report which shall be submitted to the standing committee for deliberation upon the decision by the council of chairpersons.

The report on law implementation inspection shall contain the following contents:

(1) an assessment of the implementation of laws and regulations inspected, the problems that exist in law implementation and suggestions for improving law implementation; and

(2) suggestions for revising relevant laws and regulations in order to improve them.

Article 27 The deliberation opinions of the component members of the standing committee regarding the report on inspection of law implementation shall, along with the report on inspection of law implementation, be sent to the people’s government, people’s court or people’s procuratorate at the corresponding level for study and handling. The people’s government, people’s court or people’s procuratorate shall, through their respective administrative bodies, submit the results of study and handling to the relevant special committees of the people’s congress at the corresponding level or the relevant working bodies of the standing committee to solicit their opinions, and present a report to the standing committee. Where necessary, the council of chairpersons may decide to request the standing committee to deliberate on the report, or the standing committee may arrange follow-up inspections; and the standing committee may also entrust relevant special committees of the people’s congress or relevant working bodies of the standing committee to arrange follow-up inspections.

The report of the standing committee on inspection of law implementation and the deliberation opinions, as well as the report of the people’s government, people’s court or people’s procuratorate on the results of its study and handling of the opinions, shall be circulated among the deputies to the people’s congress at the corresponding level and made known to the public.

Chapter Ⅴ

Recording and Reviewing Normative Documents

Article 28 Administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall be recorded, reviewed and annulled in accordance with the relevant provisions of the Legislation Law.

Article 29 The standing committees of the people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government shall, by reference to the relevant provisions of the Legislation Law, formulate specific provisions for the procedures to be followed by the standing committees of the local people’s congresses at or above the county level in reviewing or annulling the inappropriate resolutions or decisions adopted by the people’s congresses and their standing committees at the next lower levels as well as the inappropriate decisions or orders issued by the people’s governments at the corresponding levels.

Article 30 The standing committee of a local people’s congress at or above the county level has the power to annul the resolutions and decisions adopted by the people’s congress and its standing committee at the next lower level and the decisions and orders published by the people’s government at the corresponding level, where after review, it deems them inappropriate in one of the following circumstances:

(1)     containing provisions beyond their limits of authority, which restrict the lawful rights and interests of citizens, legal persons, or other organizations, or deprive them of their lawful rights and interests, or increase their obligations;

(2)     contravening the provisions of laws and regulations; or

(3)     other inappropriate circumstances which make it necessary to annul the said resolutions, decisions or orders.

Article 31 Interpretations for specific application of a law in adjudicatory or procuratorial work, made by the Supreme People's Court or the Supreme People's Procuratorate, shall be submitted to the Standing Committee of the National People’s Congress for record within 30 days from the date of promulgation.

Article 32 Where the State Council, the Central Military Commission or the standing committee of the people’s congress of a province, an autonomous region or a municipality directly under the Central Government, deems that certain interpretations for specific application of a law, made by the Supreme People’s Court or the Supreme People’s Procuratorate, contravene the provisions of the law, or where the Supreme People’s Court deems that such interpretations made by the Supreme People’s Procuratorate contravene the provisions of the law, or vice versa, it may submit a written request to the Standing Committee of the National People’s Congress for review, the working body of which shall send the matter to the special committees concerned for review and opinions.

Where state organs, other than the ones mentioned in the preceding paragraph, societies, enterprises, public institutions or citizens deem that the interpretations for specific application of a law, made by the Supreme People’s Court or the Supreme People’s Procuratorate, contravene the provisions of the law, they may submit to the Standing Committee of the National People’s Congress a written suggestion for review, the working body of which shall study the matter and, when necessary, send it to the special committees concerned for review and opinions.

Article 33 Where, after review, the Law Committee of the National People’s Congress or the relevant special committees concerned, deem that the interpretations for specific application of a law made by the Supreme People’s Court or the Supreme People’s Procuratorate contravene the provisions of the law, whereas the latter refuses to revise or repeal the interpretations, the former may make a bill or proposal for requesting the Supreme People’s Court or the Supreme People’s Procuratorate to revise or repeal such interpretations, or make a bill or proposal for requesting the Standing Committee of the National People’s Congress to make legal interpretations. The proposal shall be submitted to the Standing Committee for deliberation upon decision by the Council of Chairpersons.

Chapter Ⅵ

Addressing Questions and Inquiries

Article 34 When the standing committee of a people’s congress deliberates on bills and proposals and related reports at a meeting, the people’s government at the corresponding level or its relevant departments, the people’s court or the people’s procuratorate shall send the persons in charge to the meeting to hear opinions and answer questions.

Article 35 Ten or more of the component members of the Standing Committee of the National People’s Congress, five or more of the component members of the standing committee of the people’s congress of a province, an autonomous region, a municipality directly under the Central Government, an autonomous prefecture, or a city divided into districts, or three or more of the component members of the standing committee of the people’s congress at the county level, may jointly submit a written inquiry to the standing committee against the people's government, its departments, the people's court, or the people's procuratorate at the corresponding level.

A written inquiry must specify the entity to be inquired as well as the questions and contents of the inquiry.

Article 36 A written inquiry shall, upon decision by the Council of Chairpersons or a council of chairpersons, be sent to the organ to be inquired for answers.

The council of chairpersons may decide whether the organ inquired with should give an oral reply at a meeting of the standing committee or at a meeting of the special committee concerned, or it should give a written reply. Where a reply is made at a meeting of the special committee, the component members of the standing committee who submit the inquiry shall have the right to attend the meeting as non-voting participants and to express their opinions. When the council of chairpersons deems it necessary, it may have the report on the reply distributed at the meeting of the standing committee.

Article 37 Where more than half of the component members of the standing committee who submit the written inquiry are not satisfied with the reply given by the organ that receives the inquiry, they may demand another reply from the said organ, upon decision by the council of chairpersons.

Article 38 Where a reply is to be made orally, the person in charge of the organ inquired shall give the reply at a meeting. Where the reply is to be made in writing, it shall be signed by the person in charge of the organ inquired.

Chapter Ⅶ

Investigating Specific Issues

Article 39 When the standing committees of the people’s congresses at various levels need to adopt resolutions or decisions on matters which fall within the scope of their functions and powers but they are not clear about certain important facts involved, they may set up investigation committees on specific issues.

Article 40 The council of chairpersons may propose to the standing committee of the people’s congress at the corresponding level that an investigation committee on specific issues be set up, for the standing committee to deliberate.

At least one-fifth of the component members of the standing committee may jointly submit a written proposal that an investigation committee on specific issues shall be set up to the standing committee of the people’s congress at the corresponding level for deliberation upon decision by the council of chairpersons, or submit it to the special committees concerned for deliberating the proposal and drawing up a report first.

Article 41 An investigation committee shall be composed of a chairperson, vice-chairpersons and members, who are to be nominated by the council of chairpersons from among the component members of the standing committee and deputies to the people’s congress at the corresponding level, subject to deliberation by the standing committee. The investigation committee may engage experts to take part in the investigation.

The component members of the standing committee and other persons who have an interest in the issue under investigation shall not join the investigation committee.

Article 42 When the investigation committee conducts an investigation, the state organs, societies, enterprises, public institutions and citizens concerned all have the duty to provide it with the necessary materials.

The investigation committee shall keep the source of the materials confidential if so requested by the citizen who provides them.

In the course of an investigation, the investigation committee may choose not to publish the results and materials of the investigation.

Article 43 The investigation committee shall submit an investigation report to the standing committee that sets it up. The standing committee may make an appropriate resolution or decision on the basis of the report.

Chapter Ⅷ

Deliberating and Deciding on Proposals for Dismissal

Article 44 The standing committee of a local people's congress at or above the county level may, when the people's congress is not in session, decide on dismissing deputy governors of the province, vice-chairpersons of the autonomous region, deputy mayors, deputy prefects and deputy county or district heads of the people’s government at the corresponding level; and it may dismiss others appointed by it, including other members of the people’s government, vice-presidents, chief judges and associate chief judges of divisions, members of the adjudication committees and judges of the people's courts, deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates, presidents of the intermediate people's courts and chief procurators of the branches of the people's procuratorates, at the corresponding level.

Article 45 The local people’s government, people’s court and people’s procuratorate at or above the county level may submit to the standing committee of the people’s congress at the corresponding level proposals for dismissal of functionaries of state organs as specified in Article 44 of this Law.      

The council of chairpersons of a standing committee of a local people’s congress at or above the county level may submit to the standing committee proposals for dismissal of functionaries of state organs as specified in Article 44 of this Law.

At least one-fifth of the component members of the standing committee of a local people’s congress at or above the county level may jointly submit to the standing committee written proposals for dismissal of functionaries of state organs as specified in Article 44 of this Law, subject to decision by the council of chairpersons as to whether to submit the proposals to the meeting of the standing committee for deliberation; or the council of chairpersons may make a proposal to set up an investigation committee upon decision by the standing committee at a plenary meeting, and the standing committee shall, on the basis of the report from the investigation committee, make a decision on the proposals for dismissal after deliberation at a subsequent meeting.

Article 46 In a proposal for dismissal, the persons to be dismissed and the reasons for their dismissal shall clearly be stated, and the relevant materials shall also be provided.

Before a proposal for dismissal is submitted for voting, the person to be dismissed shall have the right to defend himself at the meeting of the standing committee or to do so by submitting his written defense, which shall be distributed at the meeting of the standing committee upon decision by the council of chairpersons.

The voting of a proposal for dismissal shall be conducted by secret ballot, and the proposal shall be adopted by more than half of all the component members of the standing committee.

Chapter Ⅸ

Supplementary Provisions

Article 47 The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and other relevant laws and in light of the actual local conditions, formulate measures for implementation.

Article 48 This Law shall go into effect on January 1, 2007.