The National People's Congress and its Standing Committee have
established various mechanisms and procedures necessary for it to
exercise its supervisory role fully and effectively. They are being
continually improved and include:
Reports
NPC supervision of government, court and procuratorate activities
is achieved largely through receipt and consideration of their
routine reports augmented by further reports covering specific
subjects as required. Certain standard procedures are required by
law.
In
particular NPC supervision of the work of government involves
examining and approving the Plan for National Economic and Social
Development and the State Budget together with reports on their
implementation. Both require the approval of the National People's
Congress and once approved must be implemented.
Scrutiny of regulatory documents
According to the Constitution and the law, the National People's
Congress has powers to annul any administrative rule, regulation,
decision or order of the State Council that contravenes either the
Constitution or the law. The NPC can also annul any local
regulation or decision of an organ of state power at the provincial
level that contravenes the Constitution, the law or administrative
rules and regulations.
Local people's congresses at and above the county level have powers
to amend or annul inappropriate decisions not only of their own
standing committees but also of those of the local people's
government at the same level.
The people's congress at township level has the power to annul
inappropriate decisions or orders of the people's government at
township level.
The standing committees of people's congresses at and above the
county level have the power to annul inappropriate decisions of the
people's congress and its standing committee at a lower level. They
can also annul any inappropriate decisions and orders made by the
people's government at their own level.
Supervising law enforcement
Such supervision is aimed at the law enforcement agencies and
encourages the timely resolution of problems in the implementation
of the law. Reports on matters concerning law enforcement are taken
onto the agendas of the Standing Committees of the people's
congresses at various levels. The law enforcement authorities must
respond to the comments and suggestions of the Standing Committees.
Typically these might be to work towards a particular improvement
within a prescribed time frame. Progress reports are fed back to
the relevant Standing Committee.
Hearing complaints, charges and accusations made by
citizens
The Constitution provides that a citizen has the power to file
complaints, charges or accusations against any state organ or
individual member of staff where unlawful acts or dereliction of
official duty are concerned. The Standing Committees of people's
congresses at and above county level can hear complaints concerning
the government, the court or the procuratorate.
The system of inquiry
While considering bills, NPC deputies can make formal inquiries of
the state organs concerned. These bodies then provide
representatives to report at meetings of deputies or delegations as
appropriate.
When the NPC is in session, a delegation or over 30 deputies may
through a joint letter make inquiries of various departments and
commissions of the State Council. The Presidium will decide whether
the body to which inquiries are addressed should give a written
response or have those responsible appear in person at a meeting of
the Presidium, or relevant special committee or delegation.
Also during a meeting of the NPC Standing Committee, more than 10
members of the committee, may in a joint letter raise inquiries of
the State Council and its departments and commissions, the Supreme
People's Court or the Supreme People's Procuratorate. The
chairmen's meeting will decide whether to call for a written
response or have those responsible appear in person at a meeting of
the Standing Committee or the relevant special committee.
In
addition, the National People's Congress and its Standing Committee
have powers to investigate special issues and their authority is
backed by powers of dismissal.
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