Chinese Political System: National People’s Congress and National Assembly

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The Chinese political system, rooted in the principles of socialism with Chinese characteristics, is a unique model that combines centralized authority with elements of participatory governance. At its core are two key institutions: the National People’s Congress (NPC) and the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), often referred to as the “Two Sessions.” These bodies play pivotal roles in shaping China’s domestic and international policies, reflecting the nation’s distinctive approach to governance and lawmaking.

Here we delves into the structure, functions, and significance of these institutions, with a focus on how they operate within the framework of the Chinese Communist Party (CCP). By understanding the roles of the NPC and the CPPCC, we gain insights into the intricate dynamics of China’s governance, its decision-making processes, and its impact on the global stage.

The National People’s Congress (NPC)

The People’s Congress System is the foundational political framework in China. According to the Constitution of the People’s Republic of China, all state power belongs to the people. The National People’s Congress (NPC) and local people’s congresses at various levels serve as the primary means for citizens to exercise this power. These congresses are constituted through democratic elections, remain accountable to the people, and are subject to their supervision. All administrative, supervisory, judicial, and procuratorial organs of the state are created by, responsible to, and supervised by the people’s congresses.

As the highest state organ of power, the NPC operates as a unicameral legislature under a unitary system of government, eliminating the need for a second legislative chamber. Its permanent body, the Standing Committee of the NPC, exercises the legislative authority of the state alongside the NPC.

Composition of the NPC

The NPC comprises deputies elected from provinces, autonomous regions, municipalities directly under the central government, special administrative regions, and the armed forces. It ensures appropriate representation for ethnic minorities. Elections are overseen by the NPC Standing Committee, with the number of deputies and electoral procedures defined by law.

The 13th NPC, with 2,980 deputies, was elected before its first session in Beijing on March 5, 2018. Deputies serve five-year terms, with the NPC convening annually. Interim sessions may be called by the Standing Committee or upon the proposal of more than one-fifth of NPC deputies.

Election of Deputies

  • Deputies to the NPC: Elected by people’s congresses at the provincial, autonomous region, and municipal levels, as well as by the armed forces.
  • Deputies to Local Congresses: Elected by congresses at the next lower level or directly by the electorate in counties, townships, and towns.
  • Tenure: NPC deputies serve five-year terms.
  • Sessions: Regular sessions are held annually, with interim sessions convened as needed.

Privileges, Rights, and Duties of NPC Members

Rights During Sessions:

  1. Draft proposals for bills.
  2. Submit suggestions, criticisms, and opinions.
  3. Vote in elections and appointments.
  4. Examine state issues.
  5. Propose the recall of officials.
  6. Raise questions and conduct hearings.
  7. Propose motions and suggestions.
  8. Participate in voting.
  9. Enjoy immunity for speeches and votes.

Rights Outside Sessions:

  1. Maintain contact with original voting units.
  2. Conduct inspections.
  3. Propose provisional sessions.
  4. Audit other meetings.
  5. Join investigative committees.
  6. Attend meetings of the original electoral unit’s congress and its standing committee.
  7. Receive special personal protection.
  8. Exercise privileges as deputies.

Privileges of NPC Deputies:

  1. Address questions to the State Council and its commissions.
  2. Enjoy immunity for speeches and votes at NPC meetings.
  3. Uphold the Constitution, maintain state secrets, and assist in its enforcement.
  4. Maintain close contact with electing units and the public, while being subject to their supervision.

The NPC stands as a critical institution within China’s political system, combining legislative authority, public accountability, and a structured hierarchy to execute state power.

Standing Committee of the National People’s Congress (NPC)

Composition and Tenure

The Standing Committee of the NPC is the permanent organ of the NPC, performing the powers of the highest state authority when the NPC is not in session. It is accountable to and reports directly to the NPC. The Standing Committee comprises a Chairman, Vice Chairmen, a Secretary-General, and members. Ethnic minorities are entitled to appropriate representation. Members of the Standing Committee are elected and can be recalled by the NPC and are prohibited from holding positions in state administrative, judicial, or prosecutorial organs.

The tenure of the Standing Committee aligns with the NPC’s five-year term and continues until a new Standing Committee is elected. The Chairman and Vice Chairmen may serve no more than two consecutive terms.

Functions of the Standing Committee

  1. Elective Functions
    • During NPC recesses, the Standing Committee can decide appointments, including ministers, the Auditor General, and the State Council Secretary-General, on the Premier’s recommendation. However, it cannot elect the Premier, Vice President, or State Councillors, whose appointments are the NPC’s prerogative.
    • Appoints and removes members of the military commission, Supreme People’s Court judges, and members of the Judicial Committee, as well as deputies and procurators in the Supreme People’s Procuratorate. It also approves appointments for Chief Procurators of provinces and autonomous regions.
  2. Executive Functions
    • Appoints and recalls ambassadors and other diplomatic representatives abroad.
    • Ratifies and abrogates international treaties.
    • Institutes ranks, titles, state medals, and honors and decides on their conferment.
    • Declares war, general or partial mobilization, or other military actions when the NPC is not in session.
  3. Judicial Functions
    • Interprets the Constitution and laws, a power akin to constitutional courts in other countries.
    • Supervises the enforcement of the Constitution and laws.
    • Annuls decisions and rules from the State Council that conflict with the Constitution or laws.
  4. Financial Functions
    • Reviews and approves adjustments to state development plans and budgets, while full approval remains with the NPC.
  5. Amendment Powers
    • Proposes constitutional amendments, which must be passed by a two-thirds majority in the NPC.
  6. Additional Powers
    • Undertakes functions assigned by the NPC, extending its jurisdiction significantly.

Role and Structure

The Standing Committee operates several organs and committees to fulfill its duties:

  1. Council of Chairmen
    • Composed of the Chairman, Vice Chairmen, and Secretary-General, it handles day-to-day operations and convenes meetings.
  2. Deputy Credentials Examination Committee
    • Reviews the credentials of deputies elected through by-elections or for the succeeding NPC.
  3. Special Committees
    • Established to examine, discuss, and draft bills and resolutions, these committees include:
      • Ethnic Affairs Committee
      • Constitution and Law Committee
      • Financial and Economic Committee
      • Education, Science, Culture, and Health Committee
      • Foreign Affairs Committee
      • Overseas Chinese Affairs Committee
      • Civil and Judicial Affairs Committee
      • Environment and Resources Protection Committee
      • Agriculture and Rural Affairs Committee

These committees function under the leadership of the NPC during sessions and the Standing Committee when the NPC is not in session.

  1. Committees of Inquiry
    • Appointed as needed to investigate specific issues, report findings, and propose resolutions.

The Standing Committee serves as a vital organ in China’s governance, ensuring continuity, legislative oversight, and constitutional enforcement in the NPC’s absence. It embodies both a legislative and executive role, wielding broad authority to manage state affairs.

Local People’s Congresses and Their Standing Committees

Local people’s congresses are established at various administrative levels, including provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, ethnic townships, and towns. Standing committees are established for people’s congresses at and above the county level.

Term of Office of Local People’s Congresses

  • Five-Year Term:
    • People’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, and cities divided into districts.
  • Three-Year Term:
    • People’s congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns.

Functions and Powers of Local People’s Congresses

Local people’s congresses ensure the enforcement of the Constitution, laws, and administrative regulations within their jurisdiction. Their key powers and functions include:

  1. Adoption of Resolutions:
    • Formulating and adopting resolutions and plans for local economic, cultural, and public service development within their legal authority.
  2. Approval of Plans and Budgets:
    • Examining and approving plans for economic and social development as well as budgets.
    • Reviewing reports on the implementation of these plans and budgets.
  3. Legislation:
    • People’s congresses of provinces, autonomous regions, and certain cities approved by the State Council can adopt local regulations, considering their unique regional political, economic, and cultural characteristics.
  4. Elections and Recall:
    • Electing and recalling governors, deputy governors, mayors, deputy mayors, and heads and deputy heads of counties, districts, townships, and towns.
    • Electing and recalling presidents of people’s courts and chief procurators of people’s procuratorates at the corresponding level.
    • The recall of chief procurators must be reported to the next higher level of people’s procuratorate and approved by the standing committee of the corresponding people’s congress.
  5. Supervisory Authority:
    • Altering or annulling inappropriate decisions made by their standing committees.

Standing Committees of Local People’s Congresses

Composition

  • Composed of a chairman, vice chairmen, and members.
  • Members are elected and can be recalled by the corresponding people’s congress.
  • Members cannot simultaneously hold office in state administrative, judicial, or procuratorial organs.

Functions and Powers

  1. Legislative Functions:
    • Adopt local regulations when the people’s congress is not in session, for provinces, autonomous regions, municipalities directly under the Central Government, and large cities approved by the State Council.
  2. Administrative Oversight:
    • Discussing and deciding on major issues in the administrative area.
    • Supervising the work of local people’s governments, courts, and procuratorates.
  3. Annulment Powers:
    • Annul inappropriate decisions and orders issued by the local people’s government.
    • Annul inappropriate resolutions made by the people’s congress at the next lower level.
  4. Appointments and Removals:
    • Deciding on the appointment or removal of state functionaries within their jurisdiction as prescribed by law.
    • Recalling or electing deputies to fill vacancies in higher-level people’s congresses when the corresponding people’s congress is not in session.

Special Provisions for Large Cities and Capitals

  • Standing Committees of people’s congresses in capitals of provinces, autonomous regions, and large cities approved by the State Council have the authority to adopt local regulations even when the corresponding people’s congress is not in session.

The local people’s congresses and their standing committees play a pivotal role in implementing state policies, ensuring regional governance, and maintaining legislative oversight at the local level. Their functions align with the framework of China’s Constitution and laws, balancing autonomy and adherence to the central government.

Powers and Functions of the National People’s Congress

The National People’s Congress (NPC), as the highest organ of state power in China, holds extensive authority and responsibilities, including legislative, supervisory, and administrative powers.

1. Amendment and Enforcement of the Constitution

  • The NPC is solely responsible for amending the Constitution.
  • Amendments require proposals from either the NPC Standing Committee or one-fifth of NPC deputies and must be approved by a two-thirds majority of all deputies.
  • The current Constitution was adopted in 1982 and has since been amended on four occasions: 1988, 1993, 1999, and 2004.
  • The NPC oversees the enforcement of the Constitution to ensure its dignity and implementation.

2. Legislation

  • The NPC enacts and amends fundamental laws governing key areas, including criminal offenses, civil affairs, and the functioning of state organs.
  • Key laws passed by the NPC include:
    • Criminal Law and Criminal Procedure Law
    • Organic laws for the NPC, State Council, local people’s congresses and governments, people’s courts, and procuratorates.
    • Law on the Autonomy of Ethnic Minority Regions, Electoral Law, and the Law on Deputies.
    • The Marriage Law, Citizenship Law, and the Basic Laws for the Hong Kong and Macao Special Administrative Regions.

3. Election and Appointment of Officials

The NPC elects or appoints key members of central state organs, including:

  • Standing Committee Members: Chairman, Vice Chairmen, Secretary-General, and other members.
  • State Leadership:
    • President and Vice President of the People’s Republic of China.
    • Premier of the State Council (nominated by the President).
    • Vice Premiers, State Councilors, Ministers, the Governor of the People’s Bank of China, Auditor-General, and Secretary-General (nominated by the Premier).
  • Central Military Commission:
    • Elects the Chairman and appoints other members based on the Chairman’s nominations.
  • Judiciary:
    • Elects the President of the Supreme People’s Court and the Procurator-General of the Supreme People’s Procuratorate.
  • The NPC also has the authority to remove these officials from office.

4. Decision-Making on Major State Issues

The NPC determines and approves key national matters, including:

  • National economic and social development plans and budgets, along with their implementation.
  • Establishment of provinces, autonomous regions, and municipalities directly under the Central Government.
  • Creation of special administrative regions (SARs) and defining their systems.
  • Decisions on war and peace.

Notable decisions made by the NPC include:

  • Establishing the Hong Kong and Macao SARs.
  • Creating Hainan Province and Chongqing Municipality.
  • Approving the Three Gorges Project on the Yangtze River.

Procedures of the National People’s Congress (NPC) Sessions

The National People’s Congress (NPC) operates under the principle of Democratic Centralism, ensuring collective decision-making and execution of powers. Below are the key procedures governing NPC sessions:

1. Convocation of Sessions

  • Annual Timing: NPC sessions are convened in the first quarter of each year, called by the NPC Standing Committee.
  • First Session: The inaugural session of each new NPC is convened by the Standing Committee of the preceding NPC within two months of deputy elections.
  • Quorum: A session is valid only if at least two-thirds of all NPC deputies are present.

2. Session Formats

NPC sessions include:

  • Plenary Meetings:
    • Hearing work reports from the NPC Standing Committee, State Council, Supreme People’s Court, and Supreme People’s Procuratorate.
    • Reviewing national economic and social development plans and budgets.
    • Listening to bill testimonies, voting on bills, and electing or appointing central government officials.
  • Delegation Meetings:
    • Plenary Meetings and Workshops: Used to review reports and bills on the session’s agenda.

3. Submitting Bills

  • Bills may be proposed by the NPC Presidium, Standing Committee, special committees, the State Council, the Central Military Commission, the Supreme People’s Court, or the Supreme People’s Procuratorate.
  • The Presidium decides on a bill’s inclusion in the session agenda, either directly or after referring it to a special committee for review.

4. Examining Work Reports

  • Work reports are submitted by the NPC Standing Committee, State Council, Supreme People’s Court, and Supreme People’s Procuratorate.
  • Delegations review the reports, and the session may pass resolutions based on their findings.

5. Deliberating Bills

  • Presentation: A bill’s sponsor presents it at a plenary meeting.
  • Deliberation: Delegations and special committees review the bill and submit deliberation reports.
  • Law Committee Review: The Law Committee conducts a unified review, prepares a revised draft, and submits it to the Presidium for approval before voting.

6. Examining State Plans and Budgets

  • Relevant State Council departments brief NPC committees on economic and budgetary plans one month prior to the session.
  • The Financial and Economic Affairs Committee reviews these plans and submits examination reports to the Presidium for further deliberation.

7. Voting on Bills

  • Voting Process: Bills are voted on during plenary meetings and require a simple majority for approval.
  • Constitutional Amendments: Require a two-thirds majority and are promulgated by the Presidium.
  • Promulgation: Approved laws are signed into effect by the President of the People’s Republic of China.

8. Inquiries and Investigations

  • Inquiries: Delegations or at least 30 deputies may submit written inquiries to state bodies. Responses can be oral or written, with further replies required if deputies are dissatisfied.
  • Special Inquiries: Proposed by the Presidium, three or more delegations, or at least one-tenth of all deputies. Approved by a plenary session, inquiry committees gather information and submit reports to the NPC for resolutions.

9. Recall of Officials

  • Motion for Recall: Proposed by the Presidium, three or more delegations, or at least one-tenth of deputies.
  • Process: The Presidium presents the motion to delegations for discussion, followed by a plenary vote. Alternatively, an inquiry committee may be established, with decisions made at a subsequent session based on the committee’s findings.

National Assembly (Abolished)

The National Assembly served as the authoritative legislative body of the Republic of China from 1947 to 2005. Alongside the Control Yuan (upper house) and the Legislative Yuan (lower house), it formed the tricameral parliamentary system of China.

Origins and Early History: The National Assembly was first established in 1913, following the fall of the Qing dynasty, as China’s first democratic legislature. However, it was short-lived, disbanded within a year when President Yuan Shikai seized dictatorial power and declared himself Emperor of China. During the chaotic Warlord Era, the National Assembly was intermittently revived and dissolved as competing warlords sought to consolidate power and legitimacy.

Reestablishment Under the 1947 Constitution: The National Assembly in its lasting form was created under the 1947 Constitution of the Republic of China. It was designed as both a constitutional convention and an electoral college, tasked with electing the President and Vice President. The first National Assembly elections took place in November 1947, and the Assembly convened in Nanking in March 1948.

Impact of the Chinese Civil War: In 1949, amid the Chinese Civil War, the Kuomintang-led government retreated to Taiwan after losing control of mainland China. The National Assembly reconvened in Taipei in 1954, continuing its legislative and electoral functions.

Gradual Decline and Dissolution: During the 1990s, Taiwan underwent significant democratic reforms. The National Assembly’s legislative powers were progressively transferred to the Legislative Yuan, and the adoption of direct democracy allowed Taiwanese citizens to elect their leaders directly. These constitutional amendments rendered the National Assembly a dormant body by 2000. It was formally abolished in 2005, marking the end of its historical role in Taiwan’s governance.

Suspension of the National Assembly

On August 23, 2004, the Legislative Yuan proposed a series of constitutional amendments that included suspending the National Assembly. The proposal aimed to transfer the power to ratify constitutional and territorial amendments from the National Assembly to the people.

Under the new amendments, future constitutional proposals would require approval by at least three-fourths of the Legislative Yuan members present, provided at least three-fourths of all members were in attendance. The approved amendments would then be promulgated for 180 days before being put to a national referendum. A simple majority of all eligible voters would be sufficient to ratify the amendments.

A proposal by the Democratic Progressive Party (DPP) to grant citizens the right to initiate constitutional amendments was withdrawn when it became clear it would not pass in the Legislative Yuan. Critics of these reforms argued that removing the three-fourths legislative approval requirement could allow a small number of voters to force a referendum on Taiwan’s independence, potentially escalating tensions with the People’s Republic of China. Conversely, retaining the requirement ensured that any amendment would need bipartisan consensus between the pan-green and pan-blue coalitions. Additionally, the stipulation that a majority of all eligible voters approve an amendment meant that boycotting a vote, as had been done during the March 2004 presidential election referendums, could effectively block an amendment.

Challenges in Implementation

At the time, the Constitution required the National Assembly to be elected to deliberate on constitutional amendments. While this step was initially viewed as a formality, complications arose in 2005.

  1. People First Party’s Decline
    The People First Party (PFP) performed poorly in the 2004 Legislative Yuan election. Although a merger with the Kuomintang (KMT) was anticipated, PFP Chairman James Soong opposed the idea, further complicating political dynamics.
  2. Taiwan Solidarity Union’s Reluctance
    The Taiwan Solidarity Union (TSU) hesitated to support the reforms, fearing they might hinder smaller parties like itself in future elections. Some independence advocates saw the amendments as a precursor to a declaration of independence, but the 2004 election results rendered this unlikely, diminishing enthusiasm among TSU supporters.
  3. Unexpected Political Impact
    The May 14, 2005, National Assembly election unexpectedly became more significant than intended. Scheduled immediately after high-profile visits to mainland China by KMT Chairman Lien Chan and PFP Chairman James Soong, the election was perceived as a referendum on cross-strait relations. This development was unwelcome for the DPP, which nonetheless secured a plurality in the elections.

Work of the National Assembly

On August 4, 1789, the National Constituent Assembly abolished feudalism, a decision sparked by widespread peasant revolts. This sweeping reform dismantled the privileges of both the Second Estate (nobility) and the First Estate (clergy). Initially, peasants were expected to pay for the release of feudal dues, but widespread refusals led to the formal cancellation of these obligations in 1793.

On August 26, 1789, the Assembly adopted the Declaration of the Rights of Man and of the Citizen. This seminal document, influenced by the doctrine of natural rights, articulated universal principles of equality and individual freedoms, serving as a foundation for a nation governed by law. However, it was a declaration of principles, not a legally binding constitution.

While drafting a new constitution, the Assembly faced a mounting financial crisis. Despite prolonged debates on constitutional matters, the economic deficit grew unchecked. In an attempt to address the crisis, the Assembly granted Finance Minister Jacques Necker near-dictatorial powers over fiscal policy.

In November 1789, the Assembly suspended the old judicial system based on the 13 Regional Parliaments, formally abolishing it in September 1790. On November 2, 1789, the Assembly declared the Church’s property “at the disposal of the Nation.” This marked a significant shift, with the state assuming responsibility for the Church’s social functions, including caring for the poor, the sick, and orphans. To raise revenue, Church lands were sold to the highest bidder starting in December 1789. Religious orders were dissolved, monastic vows abolished, and clergy were redefined as state employees under the Civil Constitution of the Clergy passed in July 1790.

As revolutionary turmoil continued, the Assembly consolidated its constitutional laws into a single document, which was presented to King Louis XVI. The King accepted the Constitution, pledging to uphold and defend it. This moment symbolized a temporary reconciliation between the monarchy and the Assembly. The National Constituent Assembly concluded its work and adjourned on September 30, 1791, paving the way for France’s first constitutional monarchy under the Constitution of 1791.

Powers and Functions of the National Assembly

The powers and functions of a National Assembly vary depending on the type of government. It may govern comprehensively through committees or operate solely as part of the legislative branch. The specific powers of the National Assembly are often codified in national laws or constitutions.

Under the National Assembly Duties Act, the Assembly had the authority to:

  • Amend the constitution with a two-thirds majority, provided at least three-quarters of its members were present.
  • Ratify constitutional amendments proposed by the Legislative Yuan.
  • Redefine territorial boundaries.

The National Assembly was also tasked with electing the President, passing laws, ensuring executive accountability, and providing a platform for public debate. The Speaker served as the head and official spokesperson of the Assembly.

Role of the National Assembly

The roles of the National Assembly, as outlined in the Chinese Constitution, include:

  1. Representation
    • Representing the people of constituencies and special interest groups in the Assembly.
  2. Deliberation and Resolution
    • Debating and resolving issues of national concern.
  3. Legislation
    • Enacting and amending laws.
  4. Oversight and Budgetary Control
    • Determining the allocation of national revenue among government levels.
    • Appropriating funds for the national government and state organs.
    • Overseeing the expenditure of national revenue.
  5. Executive Oversight
    • Reviewing the conduct of the President, Deputy President, and other state officers.
    • Initiating processes for their removal if necessary.
  6. War and Emergency Powers
    • Approving declarations of war.
    • Sanctioning extensions of states of emergency.

Conclusion

The People’s Congress System: A Pillar of Chinese Governance: The People’s Congress System is the cornerstone of China’s political framework, enshrined in the Constitution of the People’s Republic of China. It establishes that all State power resides with the people, who exercise this authority through the National People’s Congress (NPC) and local people’s congresses at various levels. These congresses, formed through democratic elections, are accountable to the people and operate under their supervision. They create and oversee administrative, supervisory, judicial, and procuratorial bodies, ensuring that all State organs remain answerable to the congresses.

The National People’s Congress (NPC) stands as the highest organ of State power in China. Its deputies, numbering 2,980 during the 13th NPC, are elected for a five-year term from 35 electoral units. These include provincial congresses, autonomous regions, municipalities, and special administrative regions such as Hong Kong and Macao, as well as representatives from the People’s Liberation Army and Taiwan compatriots. The NPC convenes annually, with extraordinary sessions possible if deemed necessary by its Standing Committee or upon the proposal of at least one-fifth of its deputies.

The National Assembly: A Historical Perspective: On July 9, 1789, amid the turbulence of revolutionary France, the National Assembly rebranded itself as the National Constituent Assembly, transitioning into both a governing body and a constitution-drafting authority. Following the storming of the Bastille on July 14, it became the de facto government of France. The Assembly, initially comprising delegates from diverse social backgrounds, expanded significantly during election periods. Despite being termed “commoners,” the Third Estate delegates largely represented the bourgeoisie—professionals in law and administration—rather than the most oppressed lower classes.

This dual focus on the Chinese People’s Congress System and the historical French National Assembly highlights their distinct yet significant roles in shaping governance and democratic processes in their respective eras.

References

  • William C. Jones, The Constitution of the People’s Republic of China, 63 WASH. U. L. Q. 707 (1985). Available online.
  • The Constitution of the People’s Republic of China (Paperback – Illustrated, September 12, 2021), by the Government of China.
  • Qianfan Zhang, The Constitution of China: A Contextual Analysis (eBook).


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