Law of the People's Republic of China on Supervision by the Standing Committees of the People's Congresses at All Levels

    Updated : 2016-04-12

ChapterⅠ General Provisions

Article 1 This Law is enacted in accordance with the Constitution to ensure that the Standing Committee of the National People’s Congress and the standing committees of the local people’s congresses at or above the county level exercise their powers of supervision according to law, to develop socialist democracy, and to promote governing the country according to law.

Article 2 The standing committees of people’s congresses at all levels shall exercise their power of supervision in accordance with the Constitution and the provisions of relevant laws.

The provisions of this Law shall be applicable to the procedure for the standing committees of the people’s congressed at all levels to exercise their power of supervision; where no provisions are stipulated in this law, the provisions of relevant laws shall be applicable.

Article 3 In exercising their power of supervision, the standing committees of the people’s congresses at all levels shall focus on the overall situation of the State, take economic development as the central task, uphold leadership by the Communist Party of China, uphold Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents, uphold the people’s democratic dictatorship, uphold the socialist road, and uphold reform and opening to the outside world.

Article 4 The standing committees of the people’s congresses at all levels shall, on the principle of democratic centralism, collectively exercise the power of supervision.

Article 5 The standing committees of the people’s congresses at all levels shall supervise the work of people’s governments, people’s courts and people’s procuratorates at the corresponding levels, in order to promote administration according to law and impartial administration of justice.

Article 6 The standing committees of the people’s congresses at all levels shall report to the people’s congresses at the corresponding levels on their exercise of the power of supervision by way of subjecting themselves to supervision.

Article 7 The standing committees of the people’s congresses at all levels shall make known to the public their exercise of the power of supervision.

Chapter Ⅱ Hearing of and Deliberation over the Special Work Reports Delivered by People’s Governments, People’s Courts and People’s Procuratorates

Article 8 The standing committees of the people’s congresses at all levels shall annually select a number of important issues, which have a hearing on the overall situation of reform, development and stability and on people’s immediate interests and are of widespread concern, and make arrangements to hear and deliberate such reports of people’s governments, people’s courts and people’s procuratorates at the corresponding levels in a planned way.

The annual plans made by the standing committees to hear and deliberate the special work reports, upon adoption by the Council of Chairmen of the Standing Committee of the National People’s Congress or the councils of chairmen of the standing committees of the local people’s congresses, shall be distributed to the component members of the standing committees and made known to the public.

Article 9 The subjects for discussion in respect of the special work reports of the people’s government, people’s court and people’s procuratorate to be heard and deliberated by the standing committee shall be determined on the basis of the following problems discovered through different channels:

(1) outstanding problems which are discovered by the standing committee of the people’s congress at the corresponding level in the course of inspection of the law enforcement;

(2) problems which are reflected in most of the suggestions, criticisms and opinions on the work of the people’s government, people’s court and people’s procuratorate, which are offered by the deputies to the people’s congress;

(3) problems which are raised by a comparatively large number of the component members of the standing committee of the people’s congress;

(4) outstanding problems which are discovered by the special committees, or the working office of the standing committee of the people’s congress in the course of investigation and study;

(5) problems which are reflected in most of the people’s letters and visits; and

(6) other problems which are of widespread concern;

The people’s government, people’s court or people’s procuratorate may submit a request to the standing committee of the people’s congress that it make a report on special work.

Article 10 Before the standing committee of a people’s congress hears and deliberates a special work report, the Council of Chairmen or the council of chairmen may arrange for the component members of the standing committee and the deputies to the people’s congress at the corresponding level to make inspection tours in respect of relevant work or conduct survey or research on special subjects.

The standing committee may arrange for the deputies who have taken part in the inspection tours or survey or research on special subjects to be present at the meeting of the standing committee as non-voting participants to hear the special work report and put forward their comments.

Article 11 Before the standing committee of a people’s congress hears and deliberates a special work report, its working office shall gather together the opinions on the work put forward by various quarters, and send them to the people’s government, people’s court or people’s procuratorate, which shall study the opinions and make a response in its special work report.

Article 12 The people’s government, people’s court or people’s procuratorate shall, 20 days before the meeting of the standing committee is held, have its working office send its special worlk report to to the relevant special committees of the people’s congress or the relevant working office of the standing committee in order to solicit comments; and after revising the report, it shall send the report to the standing committee 10 days before the meeting of the standing committee is held.

The working office of the standing committee shall distribute the special work report to the component members of the standing committee seven days before the meeting of the standing committee is held.

Article 13 The special work report shall be delivered by the leading member of the people’s government, people’s court or people’s procuratorate, to the standing committee of the people’s congress; and the people’s government may authorize the leading member of a department concerned to deliver the report to the standing committee of the people’s congress.

Article 14 The opinions regarding the special work report expressed during deliberation by the component members of the standing committee shall be sent to people’s government, people’s court or people’s procuratorate for study and handling. The said government, court or procuratorate shall submit a written report to the standing committee, after having its working office send the results of the study and handling to the relevant special committee of the people’s congress or the relevant working office of the standing committee for soliciting opinions. When the standing committee deems it necessary, it may adopt a resolution on the special work report; and the people’s government, people’s court or people’s procuratorate shall, within the time limit prescribed in the resolution, report to the standing committee on its implementation of the resolution.

The special work report heard and the opinions expressed during deliberation heard by the standing committee, and the report on the results of study and handling in respect of the opinions expressed during deliberation, or on the implementation of the resolution delivered by the people’s government, people’s court or people’s procuratorate shall be distributed in a circular to the deputies to the people’s congress and made known to the public.