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C. SPECIAL SUPPLEMENT
CHINESE LAWS
16 Apr 92
[1]
LAW GOVERNING NPC AND LOCAL DEPUTIES
Xinhua news agency domestic service in Chinese 2117 gmt 6 Apr 92
Text of report
The PRC Law Governing Deputies to the National People's Congress [NPC] and Local People's Congresses was passed at the fifth session of the seventh NPC.
Chapter One: General Principles
Article 1: This law is formulated in accordance with the Constitution in order to ensure that deputies to the NPC and local people's congresses exercise their powers, carry out their deputy obligations and play their roles as deputies according to law.
Article 2: Deputies are elected to the NPC and local people's congresses at all levels in accordance with legal provisions.
Deputies to the NPC are constituent members of the supreme organ of state power. Deputies to local people's congresses at all levels are members of local organs of state power at their levels.
Deputies to the NPC and local people's congresses at all levels represent the interests and will of the people and participate in exercising state power in line with the various powers conferred on them by the Constitution and laws.
Article 3: The deputy must set an example in observing the Constitution and laws, guarding state secrets, and assisting in implementing the Constitution and laws in the production, work and social activities in which he participates.
Article 4: The deputy should maintain close ties with the voters at his original constituency or his original electoral unit and its people, listen to and pass on their opinions and requests, and work hard to serve these people.
Article 5: The deputy is under the supervision of the voters in his original constituency or his original electoral unit. The voters or electoral unit has the right to recall the deputy they have elected in accordance with law. The recalled deputy has the right to attend the meeting at which he is recalled to express his opinions or state his opinions in written form. Article 6: The deputy carries out his deputy duties in accordance with the provisions of this law in his work during the session of a people's congress at his level and in activities during its recess.
The state and society provide guarantee to the deputy for him to carry out his duties.
Chapter Two: The Deputy's Work During the Session of the People's Congress at His Level
Article 7: The deputy should attend the meetings of the people's congress at his level and exercise his deputy functions and powers in accordance with law.
Article 8: The deputy should participate in the plenary sessions of the people's congress, the plenary sessions of delegations and group meetings, and deliberate on the various items and reports on their agendas.
The deputy can be chosen or invited to attend as a non- voting member and express his views at meetings of the people's congress presidium and meetings of special committee.
Article 9: The deputy has the right to put forward proposals, which fall within the scope of power of the people's congress at his level, to the people's congress at his level in accordance with procedures provided for by law. A proposal should include the reasons and basis for its proposal, and its contents.
If an item on the agenda is withdrawn by the deputy who has proposed it before the people's congress votes on it, the meeting can, with the consent of the presidium, immediately stop deliberating on it.
Article 10: The NPC deputy has the right to put forward, in accordance with the procedures provided for by law, a proposal to the NPC for the revision of the Constitution.
Article 11: Regarding the deputy's standing for all the elections of the people's congress at his level:
The NPC deputy has the right to express his views on the constituent members of the NPC Standing Committee, the PRC chairman and vice-chairmen, the chairman of the Central Military Commission, the president of the Supreme People's Court, the procurator-general of the Supreme People's Procuratorate and the members of various NPC special
committees.
The deputy to a local people's congress at and above the county level has the right to express his views, in accordance with procedures provided for by law, on the constituent members of the standing committee of the people's congress, the leaders of the people's government, the president of the people's court and the chief procurator of the people's procuratorate at his level, and on the members of the people's congress at one level higher. He also has the right to express his views on the members mentioned above as proposed in accordance with law by the presidium or by deputies to the people's congress at his level.
The deputy to the people's congress of a township, ethnic minority township or town has the right to express his views, in accordance with the procedures provided for by law, on the members of the leaders of the people's government at his level.