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Parliament name (generic / translated) Quanguo Renmin Daibiao Dahui / National People's Congress Structure of parliament Unicameral POLITICAL SYSTEM Type of political regime communist system Notes All power in the People's Republic of China belongs to the people (Article 2 of the Constitution). The organs through which the people exercise state power are the National People's Congress and the local people's congresses at different levels. The National People's Congress is the highest organ of state power. Its permanent body is the Standing Committee of the National People's Congress (Article 57 of the Constitution). Head of the executive Premier of the State Council Notes The State Council, that is, the Central People's Government of the People's Republic of China, is the executive body of the highest organ of state power (Article 85 of the Constitution). It is the highest organ of state administration. The Premier of the State Council directs its work. The President of the People's Republic, in pursuance of decisions of the National People's Congress and its Standing Committee, promulgates statutes, confers state medals and titles of honour, and issues orders granting special pardons (Article 80 of the Constitution). Method for appointing the executive The President and Vice-President of the Republic are elected by the National People's Congress (Article 79 of the Constitution). Congress decides on the choice of the Premier of the State Council upon nomination by the President, and decides on the choice of the Vice-Premiers, state councillors, ministers in charge of ministries or commissions, and the auditor general and the secretary general of the State Council upon nomination by the Premier. Term of office of the executive and coincidence with the term of the legislature The National People's Congress is elected for a term of five years (Article 60 of the Constitution). Two months before the expiration of the term of office of the Congress, its Standing Committee must ensure that the election of deputies to the succeeding National People's Congress is completed. The terms of office of the President and Vice-President, of the State Council and of the Standing Committee are the same as that of the National People's Congress. Incompatibility of the functions of member of the executive and member of Parliament No Members of the government can be deputies to the National People's Congress, but cannot be members of the Standing Committee of the National People's Congress at the same time. Dissolution of Parliament No Circumstances Under extraordinary circumstances, when the Standing Committee cannot finish its work of producing deputies to the new National People's Congress two months before the current National People's Congress ends, the term of the National People's Congress can be extended for no longer than a year. Modalities The extension can only be effective if two thirds of the members of the National People's Congress' Standing Committee approve it. ACCOUNTABILITY Accountability of Government to Parliament Yes The State Council is collectively responsible, and reports on its work, to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee (Article 92 of the Constitution). Modalities of oversight Oral and written questions of parliamentarians Deputies to the National People's Congress during its sessions, and all those on its Standing Committee during its meetings, have the right to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner (Article 73 of the Constitution). The deadline for replies is determined according to the nature of the question. Government reports to Parliament Government accountability to the National People's Congress is brought into play by government annual reports and votes thereon. Measures Vote of confidence on Government programs and/or legislative proposals Not available Motions of censure and votes of no confidence (sub-report) Circumstances Not applicable Modalites Not applicable Consequences Not applicable Dismissal and/or impeachment of Government and other public officials (sub-report) Circumstances and persons concerned The National People's Congress has the power to recall or remove from office (i) the President and the Vice-President of the Republic; (ii) the Premier, vice-Premiers, state councillors, ministers in charge of ministries or commissions, and the auditor general and the secretary general of the State Council; (iii) the Chairman of the central military commission and others on the commission; (iv) the President of the Supreme People's Court; and (v) the procurator general of the Supreme People's Procurator's Office (Article 63 of the Constitution). Deputies to the National People's Congress are subject to the supervision of the units that elected them (Article 77 of the Constitution). The electoral units have the power to recall deputies whom they elected. Modalites and procedure Not available Consequences Not available Have these procedures been applied? Not available OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION Oversight over the actions of the Government administration Yes The State Council is the highest organ of the government administration. It is responsible, and reports on its work, to the National People's Congress or, when the Congress is not in session, to its Standing Committee (Article 92 of the Constitution). Means and modalities of oversight Hearings in Committees The National People's Congress exercises oversight over the actions of the government administration by holding hearings in committees. Committees of inquiry and missions to Government departments The National People's Congress exercises oversight over the actions of the government administration through committees of inquiry and missions to governmental departments. Furthermore, the Standing Committee of the National People's Congress and other special committees carry out law enforcement inspections each year. The reports on the findings of these inspection missions are delivered to the law-enforcing departments, which must submit written reports or, in case of misconduct, proposals for improvement to the Standing Committee within six months. Oral and written questions of parliamentarians Deputies to the National People's Congress during its sessions, and all those on its Standing Committee during its meetings, have the right to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner (Article 73 of the Constitution). The deadline for replies is determined according to the nature of the question. Role of Parliament in the appointment of senior Government officials The Standing Committee of the National People's Congress has the power to vote on the appointment of ambassadors. Activity reports of the Government administration and of public services or establishments The Premier of the State Council must submit his annual report to the National People's Congress on the work of the government. This also applies to the Presidents of the Supreme People's Court and the Supreme People's Procurator's Office. Representation of Parliament in governing bodies of the Government administration Not applicable Existence of an ombudsman No Method for appointing the executive Not applicable Relationship to Parliament Not applicable BUDGETARY OVERSIGHT Consultation of Parliament in the preparation of the national budget Yes In the course of drafting the national budget, the financial department of the government keeps the committee on financial and economic affairs of the National People's Congress and the budget committee of the Standing Committee well informed. The preliminary budget is submitted to the former one and a half months before the budget is discussed in the annual plenary session. Modalities of oversight Examination of the budget / finance act by Parliament The National People's Congress discusses, revises and adopts the national budget during the plenary session in March. Reports on the budget / finance act by Committees The committee on financial and economic affairs examines the national budget during the annual plenary session and submits a report to the National People's Congress for approval. Fields overseen Defence budget Parliament exercises oversight over all public funds. Budget of special departments Not applicable Role of Parliament in national development plans The National People's Congress decides on social and economic development plans. Parliament's deadline for the examination and adoption of the budget / finance act Both the report on the implementation on the national budget for the previous year and the budgetary plan for the next year are submitted to the annual plenary session of the National People's Congress, which takes place every March. Consequences of failure by Parliament to adopt the budget / finance act Not available Budgetary autonomy of Parliament No Parliament's budget is included in the overall national budget. OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING Evaluation of Government spending Parliament approves Government expenditures annually Yes The report on the implementation of the national budget for the previous year is submitted to the annual plenary session of Congress in March. Parliamentary oversight of public companies No data Not available Modalities of oversight Body for auditing the Government's books and method for appointing The national audit office is responsible for the government's books. It is a government department, but it conducts its auditing work independently. The head of this office is appointed by the National People's Congress upon the Premier's nomination. Reports of the public auditor's office The national audit office must submit its annual auditing report to the State Council, which in turn submits a report to the National People's Congress' Standing Committee for review and approval. Similarly, auditing offices at local levels report to local governments, which then forward the reports to local congresses. Specialised committee The departments of the government submit, in a timely manner, the report on the implementation of the National People's Congress' resolution on the national budget to the committee on financial and economic affairs and the budget committee of the Standing Committee of the National People's Congress. OVERSIGHT OVER FOREIGN POLICY Foreign Relations Committee (sub-report) Functions of the Committee Upon the authorisation of the Presidium of the National People's Congress or of the Standing Committee, the foreign affairs committee reviews foreign-related bills or treaties signed by the State Council. Powers of the Committee Not available Composition of the Committee Not available Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad Not available Plenary debates on foreign policy issues Not available Involvement of Parliament Participation of Parliament in inter-governmental meetings Parliamentarians may participate in delegations to intergovernmental meetings at the initiative of the National People's Congress. Modalities and procedures for ratifying international treaties and agreements (sub-report) The State Council has the power to conduct foreign affairs and conclude treaties and agreements with foreign States (Article 89, paragraph 9 of the Constitution). However, it is the Standing Committee of the National People's Congress that decides on the ratification and abrogation of treaties and important agreements concluded with foreign States (Article 67, paragraph 10 of the Constitution). Other mechanisms for participation in foreign policy by Parliament In addition to the above, the foreign affairs committee issues statements about major foreign-related events if necessary. OVERSIGHT OVER NATIONAL DEFENCE POLICY National Defence Committee (sub-report) Functions of the Committee Not available Powers of the Committee Not available Composition of the Committee Not available Parliamentary oversight of public arms manufacturing companies Not available Circumstances and involvement Modalities and procedures in case of war, an armed attack or a state of emergency The Standing Committee of the National People's Congress decides, when the National People's Congress is not in session, on a state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the central government. The President of the Republic, in pursuance of decisions of the National People's Congress and its Standing Committee, proclaims the entering of a state of emergency or a state of war, and issues mobilization orders (Article 80 of the Constitution). Role of Parliament in sending troops abroad Not available Other mechanisms for participation in national defence policy by Parliament There are no other parliamentary oversight mechanisms in addition to the above. STATE OF EMERGENCY Circumstances The Standing Committee of the National People's Congress decides, when the National People's Congress is not in session, (i) on the proclamation of a state of war in the event of an armed attack on the country or in fulfilment of international treaty obligations concerning common defence against aggression; (ii) on general mobilization or partial mobilization; and (iii) on a state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the central government (Article 67, paragraphs 18-20 of the Constitution). The President of the Republic, in pursuance of decisions of the National People's Congress and its Standing Committee, proclaims the entering of a state of emergency or a state of war, and issues mobilization orders (Article 80 of the Constitution). Can parliament take the initiative to declare a state of emergency Yes Consequences of a state of emergency for Parliament Not available VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS Modalities of oversight Body ruling on the constitutionality of laws Parliament or one of the Chambers The National People's Congress supervises the enforcement of the Constitution. In addition, the Standing Committee is responsible for interpreting the Constitution and supervising its enforcement (Article 67, paragraph 1of the Constitution). Means and procedures Not available Evaluation of laws Yes The Law Committee is responsible for evaluating laws. More precisely, the National People's Congress or its Standing Committee entrusts the Law Committee with responsibility for examining laws. Measures

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