- The NPC Standing Committee is composed of a chairperson, several vice-chairpersons, the secretary-general and other members. They are all elected by the NPC from its deputies for a five- year term, which is consistent with the length of congressional sessions.
- The Standing Committee shall exercise its functions and powers until a new Standing Committee is elected by the succeeding NPC. In the first session of the 13th NPC, 175 members of the 13th NPC Standing Committee were elected. This cohort assumed office in March 2018. None of the NPC Standing Committee members may hold office in any of the State’ s administrative, supervisory, judicial or procuratorial organs. The chairperson and vice- chairpersons of the Standing Committee shall serve no more than two consecutive terms. Those who have served as Chairmen of the NPC Standing Committee since the founding of the People’ s Republic of China include: Liu Shaoqi, Zhu De, Ye Jianying, Peng Zhen, Wan Li, Qiao Shi, Li Peng, Wu Bangguo and Zhang Dejiang. The Chairman of the 13th NPC Standing Committee is Li Zhanshu. The chairperson of the NPC Standing Committee directs the work of the Standing Committee. The vice-chairpersons and the secretary-general assist the chairperson in his or her work. The chairperson, vice-chairpersons and secretary-general constitute the Council of Chairpersons, which handles the important day-to-day work of the Standing Committee. The NPC Standing Committee normally meets once every two months. The NPC may hold interim meetings when there is a special need. The NPC Standing Committee is responsible to the NPC and reports to it on its work. The NPC has the power to alter or annul inappropriate decisions made by the Standing Committee and to remove its members from office.
- Legislative power: The NPC and its Standing Committee jointly exercise the power to enact laws in China. The NPC Standing Committee may enact and amend all laws, except those that should be enacted and amended by the NPC. When the NPC is not in session, its Standing Committee may partially supplement and amend laws that the NPC enacted, as long as the changes do not contravene the law’ s basic principles. The Standing Committee also has the power to interpret the Constitution and other laws.
- Supervisory power: The NPC Standing Committee has the power to supervise enforcement of the Constitution. It supervises the work of the State Council, the Central Military Commission, the National Supervisory Commission, the Supreme People’ s Court and the Supreme People’ s Procuratorate. It has the power to annul administrative regulations, decisions and orders of the State Council that go against the Constitution and other laws, and to annul local regulations or decisions of the organs of State power of provinces, autonomous regions and municipalities directly under the central government that contravene the Constitution, other laws or administrative regulations.
- The power to issue policies to address major emergencies: When the NPC is not in session, the Standing Committee examines and approves partial adjustments to national economic and social development policies or to the State budget. The Standing Committee decides whether to ratify or abrogate treaties and important agreements reached with other countries. It institutes systems of titles and ranks for military and diplomatic personnel, and other specific titles and ranks. The Standing Committee also institutes State medals and titles of honor and decides on their conferment. It makes decisions on the granting of special pardons. It decides on general or partial mobilization, and on entering into a state of emergency throughout China or in particular provinces, autonomous regions or municipalities directly under the central government. When the NPC is not in session, the Standing Committee decides whether to proclaim a state of war in the event of an armed attack on China or in fulfillment of international treaty obligations concerning a common defense against aggression.
- Convocation of meetings: The NPC Standing Committee usually holds a meeting bimonthly, generally late in even-numbered months. It may also hold interim meetings to address emerging issues. The meetings are convened and chaired by the NPC Standing Committee Chairperson. The chairperson may delegate a vice-chairperson to preside over the meeting on his or her behalf. A meeting of the Standing Committee may not be held unless more than half of the members are present. The Council of Chairpersons shall draft the agenda for a meeting of the Standing Committee and refer it to a plenary meeting of the Standing Committee for a decision.Meeting format: When the Standing Committee is in session, it holds plenary meetings, group meetings and joint group meetings. A plenary meeting is held primarily to determine agendas for the meetings of the Standing Committee. It also serves to hear explanations on bills or proposals, to hear special work reports of the State Council, the National Supervisory Commission, the Supreme People’s Court and the Supreme People’s Procuratorate, and to vote on bills or proposals.Group meetings are held primarily to examine relevant bills, proposals and reports. The 13th NPC Standing Committee is divided into six groups to examine bills or proposals. On the basis of the deliberation through group meetings, joint group meetings are held to hear and examine special committees reports on the results of their deliberation over bills or proposals.
- Putting forward bills and proposals: A council of chairmen may put forward bills or proposals concerning matters within the scope of the respective functions and powers of the Standing Committee to the Standing Committee for deliberation.The State Council, the Central Military Commission, the Supreme People’s Court, the Supreme People’s Procuratorate and the NPC special committees may bring to the Standing Committee bills or proposals concerning matters within the scope of the respective functions and powers of the Standing Committee. The Council of Chairpersons then decides whether to refer a bill to a plenary meeting of the Standing Committee for deliberation or to give it to an appropriate special committee to deliberate and report on before deciding whether to refer it to a plenary meeting of the Standing Committee for deliberation.A group of 10 or more members of the Standing Committee may jointly put forward to the Standing Committee any bills or proposals that are within the scope of the respective functions and powers of the Standing Committee. The Council of Chairpersons then decides whether to refer the bill or proposal to the Standing Committee for deliberation or to give it to an appropriate special committee to deliberate and report on before deciding whether to refer it to the Standing Committee for deliberation. Any bill or proposal that is not referred to the Standing Committee for deliberation must be reported to the Standing Committee, or an explanation must be given to the sponsor.
- Deliberating and voting on bills or proposals: Normally, a legislative bill on the agenda of a meeting of the Standing Committee requires three readings at three separate meetings of the Standing Committee before it is eligible for passage. At the first reading, an explanation of the legislative bill will be made by its sponsor before it proceeds to preliminary deliberation. At the second reading, any constitutional or legal concerns must be reviewed within a plenary meeting. At the third reading, the results of deliberations and any final amendments must be addressed. After the revised draft law has been evaluated by the Standing Committee, the Constitutional and Legal Committee will revise it for a final vote. The Council of Chairmen will then refers the bill to the Standing Committee for a vote. A simple majority of all Standing Committee members is needed to pass the law.If there are no major differences of opinions about a legislative bill, then it may be put to a vote after two readings by the Standing Committee. If revisions are minor and general consensus has been reached, then the bill may be put to a vote after one reading by the Standing Committee. If a legislative bill put before Standing Committee meetings for deliberation fails to pass for two full years as a result significant differences of opinions, such as its necessity or feasibility, or if it has not been placed on the agenda of a meeting of the Standing Committee for two years after it was suspended to be put to the vote, the Council of Chairmen shall report this matter to the Standing Committee, and the deliberation process of the legislative bill shall be terminated.
- Laws passed by the Standing Committee are promulgated by the President of the People ’s Republic of China following presidential order.A plenary meeting of the Standing Committee reviews: special work reports by the State Council, the National Supervisory Commission, the Supreme People’s Court and the Supreme People ’s Procuratorate, as well as reports on implementation of national economic and social development, execution of the state budget, regarding final accounts of central government revenue and expenditure, audit work, and the progress of law enforcement. These reports will then be deliberated at group meetings and joint group meetings. The Council of Chairmen may decide to delegate work to relevant special committees of the NPC for deliberation and the special committee is supposed to issue guiding opinions. The Standing Committee may make a resolution on work reports if it deems it necessary. The State Council, the National Supervisory Commission, the Supreme People’ s Court and the Supreme People’s Procuratorate must seriously consider and review opinions or suggestions put forward by the members of the Standing Committee on their work reports and law-enforcement reports. They must present a written follow- up report to the Standing Committee explaining what they have done these opinions or suggestions after they have consulted with the NPC special committees and relevant working organs of the Standing Committee.