People’s Congress in China

Zhang Dan

According to PRC Constitution and relevant Laws and Regulations, the People’s Congress exercises the power of the supervision over the implementation of the PRC Constitution. In consideration of the People’s Congress is not standing, according to Article 67 (6) of PRC Constitution, the exercise of inspection by the standing committees of people’s congresses at various levels is regarded as exercising the power of supervision of the people’s congress.

Except the NPCSC, there are nine special 9 committees established by the NPC, which work under the direction of the Standing Committee of the National People’s Congress when the Congress is not in session.

In addition to this, a committee of inquiry of specific questions (or investigatory committee), which is established by the NPC or NPCSC in accordance with Art 71of PRC Constitution, can also exercise the power of inspection.

The PRC Constitution has made a distinction between special committee and investigatory committee. Basically the former is standing committee while the latter is ad hoc one.

Mr. Lehman commented that, if we expect the system of the inspection exerts more advantages for our society, we have to advance the system and make it easier to implement.

Lehman, Lee & Xu is a prominent Chinese corporate law firm and trademark and patent agency with offices in Beijing, Shanghai, Shenzhen, Hong Kong, Macau, and Mongolia. The firm has also been recognized as one of the top full service and intellectual property firms in China by several international magazines. The law firm is managed by Mr. Edward Lehman, a leading expert on corporate law with 20 years of practice experience in Mainland China.

To learn more about us, please visit our website at

www.lehmanlaw.com

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