Function of the Standing Committee

Since the NPC convenes only once a year, during the non-session period of time, it is necessary to have a group of people in place which will continue to perform essential duties for the NPC. Thus, there is a Standing Committee of the National People’s Congress.

The main powers of the Standing Committee of the NPC are listed in the Constitution and include a variety of important tasks. The Standing Committee has responsibility for interpretation of the Constitution and supervision of its enforcement, formulation,  revision and interpretation of laws, and amendment or revision of certain laws when the larger NPC is not in session.

The Standing Committee also makes small revisions to plans for national economic and social development originally issued by the NPC, or to the state budget when it proves necessary during the course of implementation. It is responsible for supervision over the affairs of the State Council, the Central Military Commission, the Supreme People’s Court, and the Supreme People’s Procuratorate, and is able to repeal laws, administrative regulations and any resolutions or orders.

The Standing Committee has an oversight role over local regions, provinces, autonomous regions, and municipalities directly under the central government and may repeal regulations or orders made by these lower bodies that are found to contravene the Constitution, the laws, or administrative rules and regulations.

When the National People’s Congress is not in session the Standing Committee confirms appointments of officials including ministers of the various ministries or commissions, the auditor general, and the Secretary General of the State Council and Chairman of the Central Military Commission, of candidates for positions on the commission, and may appoint or remove a vice-president, a Supreme People’s Court justice, a member of its Judicial Committee, or the President of the Military Court.

The Standing Committee is able to appoint or remove the Deputy Procurators General or procurators of the Supreme People’s Procuratorate, members of its Procuratorial Committee, or the Chief Procurator of the Military Procuratorate, as well as the approval of the appointment or removal of chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the central government.

The Standing Committee is also able to make decisions on the ratification or abrogation of international treaties and other important documents signed with foreign states.

The Standing committee also has authority over the appointment or recall over ambassadors, and the institution of titles and the granting of state medals and titles of honor or the granting of special pardons.

The standing committee is also able to make decisions regarding war and peace when the NPC is not in session, including declarations of war and orders for full or partial mobilization. The Standing Committee is also authorized to declare a state of emergency either nationwide or in various regions.

In addition, the Standing Committee in the National People’s Congress will serve to facilitate each session of the National People’s Congress. The first session of each National People’s Congress shall be convened by the Standing Committee of the previous National People’s Congress within two months of the election of deputies to the current National People’s Congress. A month before the convening of a session of the National People’s Congress, its Standing Committee shall notify the deputies of the date of the session and of the main items on the proposed agenda. After deputies to the National People’s Congress have been elected, their credentials shall be examined by the Credentials Committee of the Standing Committee of the National People’s Congress.

Based on the reports submitted by the Credentials Committee, the Standing Committee of the National People’s Congress shall affirm the qualifications of deputies or invalidate the election of individual deputies, and shall publish the list of affirmed deputies prior to the first session of each National People’s Congress. Before each session of the National People’s Congress, a preparatory meeting shall be held and shall be presided over by the Standing Committee of the National People’s Congress.

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