The Legislative Process: Chinese Laws Explained

In China, the process of a bill becoming a law is a complex and lengthy one, involving multiple stages and stakeholders. The country's top legislature, the National People's Congress (NPC), plays a pivotal role in this process. The NPC is responsible for introducing and deliberating on bills, with the power to amend the constitution and enact basic laws.

The legislative process in China typically involves several rounds of deliberation, public consultation, and revision before a bill is passed. Additionally, the country's Statutory Constitution outlines the procedures for constitutional review of draft laws and authorizes emergency lawmaking. The process also includes input from various committees, such as the NPC Standing Committee, which is responsible for overseeing the work of the State Council, the Central Military Commission, and other key institutions.

While the specific steps and requirements may differ from those in other countries, the goal remains the same: to create and modify laws that govern the country and its citizens.

The National People's Congress (NPC) is China's top legislature

The National People's Congress (NPC) is China's top legislative body, with 2,977 members in 2023, making it the largest legislative body in the world. It is the only branch of government in China and meets annually for around two weeks in the Great Hall of the People in Beijing. The NPC is elected for a term of five years and all state organs, from the State Council to the Supreme People's Court, are subservient to it.

The NPC works under the leadership of the Chinese Communist Party (CCP), which controls the nomination and election processes at every level in the people's congress system. The NPC has the power to amend the Constitution, legislate, oversee the operations of the government, and elect the major officers of the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, the Central Military Commission, and the state.

The NPC's responsibilities include constitutional amendment and enforcement, enacting and amending basic criminal and civil laws, and determining major state issues worthy of legislative action. The NPC also elects and appoints top-level positions in the Chinese state, such as the chairperson of the Central Military Commission, the chairperson of the National Supervisory Commission, and the president of the Supreme People's Court.

The NPC's legislative process involves studying proposed topics by working groups, gaining approval from the CCP leadership for any legislative changes, and then drafting and debating the legislation within the party before presenting it to the whole of the NPC during its yearly plenary session.

In summary, the National People's Congress is China's top legislature, with the power to amend the Constitution, legislate, and oversee the operations of the government. It works under the leadership of the Chinese Communist Party and has the responsibility to enact and amend laws, as well as appoint top-level positions in the Chinese state.

The NPC has passed a bill requiring constitutional review of draft laws

The National People's Congress (NPC) is China's top legislative body. In March 2023, it passed a bill requiring constitutional review of draft laws and authorising emergency lawmaking. This bill, an amendment to the Legislation Law, came into effect on March 15, 2023.

The Legislation Law is an important statute with semi-constitutional status. It serves three main purposes: it demarcates the legislative authority of various state institutions, regulates their legislative procedures, and prescribes a hierarchy of legal norms, along with the mechanism to enforce that hierarchy, called "recording and review".

The bill made an array of amendments to provisions in all three areas. In terms of legislative authority, the bill slightly narrowed the NPC's exclusive legislative authority. It also codified new practices in reform authorisations, allowing the NPC Standing Committee (NPCSC) to authorise the "temporary" modification or suspension of statutory provisions on specific matters in areas such as criminal justice, judicial process, anti-corruption, drug regulation, military and defence, and property tax.

The bill also made changes to legislative procedure. It requires a bill sponsor to include relevant opinions on the constitutionality of the bill in the bill's explanatory document. It also requires the NPC Constitution and Law Committee (CLC) to explain issues of constitutionality in a bill in its written reports to the legislature on its revisions of the bill.

Finally, the bill made changes to the legislative hierarchy. It added new grounds for requesting NPCSC review, specifying that a piece of legislation will fail review if it has issues of constitutionality or legality. It also codified the NPCSC Legislative Affairs Commission's (LAC) authority to conduct targeted reviews of legislation and the R&R Connection and Coordination Mechanism, which forwards misaddressed petitions to the correct reviewing body.

The NPC has authorised emergency lawmaking

In March 2023, China's top legislature, the National People's Congress (NPC), passed a bill requiring constitutional review of draft laws and authorising emergency lawmaking. This was the ninth consecutive year that the NPC considered and adopted legislation at its annual session.

The bill, an amendment to the Legislation Law, serves three principal purposes: it demarcates the legislative authority of various state institutions, regulates their legislative procedures to varying extents, and prescribes a hierarchy of legal norms, along with the mechanism to enforce that hierarchy, called "recording and review".

The NPC's Standing Committee (NPCSC) inaugurated the practice of authorising, for a finite period, reform pilots that would otherwise conflict with existing national law. The 2015 amendment to the Legislation Law codified this practice, providing that the NPCSC may authorise the "temporary" modification or suspension of statutory provisions on specific matters in certain regions.

The 2023 bill made changes to these provisions, removing geographical limitations on reform pilots and codifying the transitional clauses included in the NPCSC's reform authorisations. It also allows the NPCSC to use an expedited process for lawmaking in emergency situations, without regard for the stage of consensus-building or the bill's scope. This kind of emergency lawmaking could serve a legitimate purpose in real crises but will also necessarily mean no public participation and less scrutiny by lawmakers.

The NPC is created through democratic election

The National People's Congress (NPC) is the highest organ of state power in the People's Republic of China (PRC). It is the only branch of government in China and all other branches, from the State Council to the Supreme People's Court, are subservient to it.

The NPC is made up of 2,977 members, elected for a term of five years. Most delegates to the NPC are officially elected by local people's congresses at the provincial level. These local legislatures are indirectly elected at all levels except the county level.

The Chinese Communist Party (CCP) controls the nomination and election processes at every level in the people's congress system. The CCP maintains control over the composition of deputies of people's congresses, especially in the NPC. By law, all elections at all levels must adhere to the leadership of the CCP.

While CCP approval is essential for membership in the NPC, approximately a third of the seats are by convention reserved for non-CCP members. This includes technical experts and deputies of the eight minor parties.

The Election Law requires the composition of NPC delegates to be "broadly representative". Each NPC, at their last session, releases a "decision on the quotas and elections" for the next NPC, allocating a certain number of seats for demographic groups or setting forth guidelines on a group's representation.

The NPC is responsible for amending the constitution and overseeing its enforcement, as well as enacting and amending basic laws governing criminal offenses, civil affairs, state organs, and other matters.

The NPC is also responsible for electing and appointing members to central state organs, including the chairperson, vice-chairpersons, secretary-general, and other members of the NPC Standing Committee. The NPC also elects the President and Vice-President of the PRC.

The NPC is responsible to the people and subject to their oversight

The National People's Congress (NPC) is the highest state organ of power in China. It is responsible for creating and amending laws, as well as overseeing their enforcement. The NPC is composed of deputies elected from various regions and groups, ensuring representation from all ethnic minorities.

The NPC is responsible to the people of China and is subject to their oversight. This means that the NPC is accountable to the citizens and must act in their best interests. The people have the right to oversee the work of the NPC and ensure that it is fulfilling its duties effectively and in accordance with the law.

The NPC holds a great deal of power in China's political system. It is responsible for electing the country's president and vice president, as well as approving the premier and other key officials nominated by the president. Additionally, the NPC has the power to remove these high-ranking officials from office if necessary.

The NPC also plays a crucial role in economic and social development. It reviews and approves plans for national economic and social development, as well as the state budget. It can make adjustments to these plans and budgets during their implementation to ensure they are meeting the needs of the people.

Furthermore, the NPC oversees the work of other important state organs, including the State Council, the Central Military Commission, and the Supreme People's Court. It has the authority to revoke any administrative regulations, decisions, or orders that conflict with the Constitution or laws.

The NPC is subject to regular elections, ensuring that the people have a say in who represents them. Deputies to the NPC are elected by the people's congresses at the provincial and municipal levels, while deputies at the county level and below are directly elected by their constituencies. This process ensures that the NPC remains accountable to the people and that the people have a direct role in overseeing its work.

The NPC's responsibility to the people is further strengthened by the people's right to criticize and make suggestions regarding any state organ or employee. Citizens can submit complaints, charges, or reports against state organs or employees for violations of the law or dereliction of duty. These submissions must be addressed by the relevant state organ, and retaliation against those who make them is prohibited.

Overall, the NPC's responsibility to the people and its accountability to their oversight are fundamental principles of China's political system, ensuring that the people's interests are at the heart of lawmaking and governance.

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