Table of Contents

Chapter I General Provisions

Chapter II Hearing and Deliberating Special Work Reports of the People’s Government, the People’s Court and the People’s Procuratorate

Chapter III Examining and Approving Final Accounts, Hearing and Deliberating the Plans for National Economy and Social Development and the Reports on the Implementation of Budgets, and Hearing and Deliberating Audit Reports

Chapter IV Inspecting the Implementation of Laws and Regulations

Chapter V Examining the Archival Filing of Regulatory Documents

Chapter VI Inquiry and Interrogatory

Chapter VII Investigation of Special Issues

Chapter VIII Deliberating and Deciding the Cases concerning the Dismissal from Office

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated according to the Constitution for the purpose of safeguarding the exercise of supervisory powers by the Standing Committee of the National People’s Congress and the standing committees of people’s congresses at or above the county level, developing the socialist democracy and promoting the rule by law.

Article 2 The standing committees of people’s congresses at various levels shall exercise supervisory powers according to the Constitution and relevant laws.

The procedures for the standing committees of people’s congresses at various levels to exercise supervisory powers shall be governed by this Law; and if there is no such provision in this Law, the provisions in the relevant laws shall be followed.

Article 3 When exercising supervisory powers, the standing committees of people’s congresses at various levels shall focus on the overall situation of the State, take the economic construction as the central task, adhere to the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of “Three Represents”, uphold the people’s democratic dictatorship, adhere to the socialist road, and persist in reform and opening up.

Article 4 The standing committees of people’s congresses at various levels shall, according to the principle of democratic centralism, exercise supervisory powers collectively.

Article 5 The standing committees of people’s congresses at various levels shall exercise supervision over the work of the people’s government, the people’s court and the people’s procuratorate at the corresponding levels, and promote the administration according to law and the judicial justice.

Article 6 The standing committees of people’s congresses at various levels shall report their exercise of supervisory powers to the people’s congresses at the corresponding levels, and be subject to their supervision.

Article 7 The standing committees of people’s congresses at various levels shall announce their exercise of supervisory powers to the general public.

Chapter II Hearing and Deliberating Special Work Reports of the People’s Government, the People’s Court and the People’s Procuratorate

Article 8 The standing committees of people’s congresses at various levels shall choose several issues concerning the overall situation of reform, development and stability and the fundamental interests of the general public as well as those concerned by the general public every year, and make an arrangement to hear and deliberate special work reports of the people’s government, the people’s court and the people’s procuratorate at the corresponding levels.

The annual plan of the standing committee for hearing and deliberating special work reports shall be adopted by the chairmen’s meeting or the directors’ meeting, be printed and distributed to the members of the standing committee and be announced to the general public.

Article 9 The issues for special work reports of the people’s government, the people’s court and the people’s procuratorate at the corresponding level which the standing committee hears and deliberates shall be determined on the basis of the issues reflected by the following channels:

(1)Outstanding issues found by the standing committee of the people’s congress at the corresponding level in its law enforcement examination;

(2)Issues collectively reflected in the suggestions, criticism and opinions put forward by the deputies of the people’s congress at the corresponding level to the people’s government, the people’s court and the people’s procuratorate;

(3)Fairly focused issues put forward by the members of the standing committee of the people’s congress at the corresponding level;

(4)Outstanding issues found by the special committee of the people’s congress at the corresponding level or the working body of the standing committee in its survey and research;

(5)Issues collectively reflected in the complaint letters and visits of the general public; and

(6)Other issues concerned by the general public.

The people’s government, the people’s court and the people’s procuratorate can request to report its special work to the standing committee of the people’s congress at the corresponding level.

Article 10 Before the standing committee hears and deliberates special work reports, the chairmen’s meeting or the directors’ meeting can organize the members of the standing committee of the people’s congress at the corresponding level and the deputies of the people’s congress at the corresponding level to make a personal inspection or special survey and research about the relevant work.

The standing committee can arrange the deputies who have participated in the personal inspection or special survey and research to attend the meeting of the standing committee as non-voting delegates, hear special work reports and put forward suggestions.

Article 11 Before the standing committee hears and deliberates a special work report, the working body of the standing committee shall collect the opinions of all the parties about this work, and submit these opinions to the people’s government, the people’s court or the people’s procuratorate at the corresponding level for study and response in the special work report.

Article 12 The people’s government, the people’s court or the people’s procuratorate shall, within 20 days before the standing committee holds a meeting, let its working body submit a special work report to the relevant special committee of the people’s congress at the corresponding level or the relevant working body of the standing committee for soliciting opinions. And after the people’s government, the people’s court or the people’s procuratorate revises the special work report, it shall submit the report to the standing committee within 10 days before the standing committee holds the meeting.

The working body of the standing committee shall send out special work reports to the members of the standing committee within 7 days before the standing committee holds the meeting.

Article 13 A special work report shall be reported by the person-in-charge of the people’s government, the people’s court or the people’s procuratorate to the standing committee of the people’s congress at the corresponding level, and the people’s government may also entrust the person-in-charge of the relevant department to make a report to the standing committee of the people’s congress at the corresponding level.

Article 14 The deliberation opinions of the members of the standing committee about special work reports shall be submitted to the people’s government, the people’s court or the people’s procuratorate at the corresponding level for study and disposal. The people’s government, the people’s court or the people’s procuratorate shall, after its working body reports the conditions on study and disposal to the relevant special committee of the people’s congress at the corresponding level or the working body of the standing committee for soliciting opinions, give a written report to the standing committee. The standing committee can, if it considers it necessary, make a resolution on the special work report; and the people’s government, the people’s court or the people’s procuratorate at the corresponding level shall report the conditions on implementing the resolution to the standing committee within the time limit as prescribed in the resolution.

The special work reports and deliberation opinions heard by the standing committee, as well as the reports of the people’s government, the people’s court or the people’s procuratorate regarding the study and disposal of deliberation opinions or the implementation of resolutions shall be circulated to the deputies of the people’s congress at the corresponding level and be announced to the general public.

Chapter III Examining and Approving Final Accounts, Hearing and Deliberating the Plans for National Economy and Social Development and the Reports on the Implementation of Budgets, and Hearing and Deliberating Audit Reports

Article 15 The State Council shall, in June each year, submit the draft final accounts of the Central Government for the previous year to the Standing Committee of the National People’s Congress for examination and approval.

The local people’s government at or above the county level shall, from June to September each year, submit the draft final accounts for the corresponding level for the previous year to the standing committee of the people’s congress at the corresponding level for examination and approval.

The draft final accounts shall be formulated according to the items as mentioned in the budget that has been approved by the people’s congress at the corresponding level, and the budgetary amount, the adjusted or altered amount as well as the actual implementation amount shall be separately listed, and the explanations thereof shall be made.

Article 16 The State Council and the local people’s government at or above the county level shall, from June to September each year, report the conditions on implementing the plan for national economy and social development as well as the budget for the previous stage in the current year to the standing committee of the people’s congress at the corresponding level.

Article 17 Where the plan for national economy and social development or the budget needs to be partially adjusted after it is approved by the people’s congress, the State Council or the local people’s government at or above the county level shall submit the adjustment scheme to the standing committee of the people’s congress at the corresponding level for examination and approval.

It is imperative to rigorously control the capital adjustment among different budgetary items. Where the capital arranged for agriculture, education, science and technology, culture, public health and social security, etc. in the budget needs to be adjusted or reduced, the State Council or the local people’s government at or above the county level shall report it to the standing committee of the people’s congress at the corresponding level for examination and approval.

The relevant competent department of the State Council or of the local people’s government at or above the county level shall, within one month before the standing committee of the people’s congress at the corresponding level holds a meeting to examine and approve the budget adjustment scheme, submit the preliminary scheme on budget adjustment to the Financial and Economic Committee of the people’s congress at the corresponding level for preliminary examination or submit it to the relevant working body of the standing committee for soliciting opinions.

Article 18 With respect to the draft final accounts and the report on the implementation of budgets, the standing committee shall carry out key examination of the following contents:

(1)Conditions on the balance of the budget;

(2)Conditions on the arrangement of key expenditures and the availability of the capital;

(3)Conditions on the arrangement and use of the incomes in excess of the budget;

(4)Conditions on the establishment and implementation of the budgetary system of the department;

(5)Conditions on transferring the payment to the public finance at the lower levels; and

(6)Conditions on implementing the resolution of the people’s congress at the corresponding level on approving the budget.

In addition to the contents as prescribed in the preceding Paragraph, the Standing Committee of the National People’s Congress shall also carry out key examination of the conditions on the balance of national debts; and the standing committee of the people’s congress at or above the county level shall also carry out key examination of the conditions on the arrangement and use of financial assistance funds granted by the higher levels.

Article 19 When the standing committee examines and approves the final accounts each year, it shall hear and deliberate the audit report of the audit organ on budget implementation and other financial revenues for the previous year as put forward by the people’s government at the corresponding level.

Article 20 The members of the standing committee shall submit the deliberation opinions about the reports on the implementation of the plans for national economy and social development, the reports on the implementation of budgets as well as the audit reports to the people’s government at the corresponding level for study and disposal. The people’s government shall make a written report on the study and disposal to the standing committee. The standing committee can make a resolution on the audit report when considering it necessary; and the people’s government at the corresponding level shall report the conditions on implementing the resolution to the standing committee within the time limit as prescribed in the resolution.

The reports on implementing the plan for national economy and social development, reports on implementing the budget, audit reports and deliberation opinions, as well as the reports on the study and disposal of deliberation opinions or implementation of the resolution by the people’s government as heard by the standing committee shall be circulated to the deputies of the people’s congress at the corresponding level and be announced to the general public.

Article 21 After a five-year plan for national economy and social development is approved by the people’s congress, the people’s government shall, at the stage of mid-term implementation, submit a mid-term assessment report on the implementation of the plan to the standing committee of the people’s congress at the corresponding level for deliberation. Where the plan needs to be adjusted upon mid-term assessment, the people’s government shall submit the adjustment scheme to the standing committee of the people’s congress at the corresponding level for examination and approval.

Chapter IV Inspecting the Implementation of Laws and Regulations

Article 22 The standing committees of people’s congresses at various levels shall, by reference to the channels prescribed in Article 9 of this Law, choose several issues concerning the overall situation of reform, development and stability and the fundamental interests of the general public and those concerned by the general public every year, and organize a law enforcement inspection of the implementation of relevant laws and regulations in a planned manner.

Article 23 The annual law enforcement inspection plan of the standing committee shall be adopted by the chairmen’s meeting or the directors’ meeting, be printed and distributed to the members of the standing committee and be announced to the general public.

The law enforcement inspection work of the standing committee shall be specially organized and implemented by the relevant special committee of the people’s congress at the corresponding level or the relevant working body of the standing committee.

Article 24 The standing committee shall, according to the annual law enforcement inspection plan and the principle of efficiency and effectiveness, organize a law enforcement inspection group.

The members of a law enforcement inspection group can be determined from among the members of the standing committee of the people’s congress at the corresponding level or the members of the special committee of the people’s congress at the corresponding level, and the deputies of the people’s congress at the corresponding level can also be invited.

Article 25 The Standing Committee of the National People’s Congress and the standing committee of the people’s congress of the province, autonomous region or municipality directly under the Central Government can, when necessary, entrust the standing committee of the people’s congress at the next lower level to inspect the conditions on the implementation of relevant laws and regulations in its own jurisdiction. The entrusted standing committee of the people’s congress shall report the inspection conditions to the standing committee of the people’s congress at the next higher level in written form.

Article 26 Upon conclusion of a law enforcement inspection, the law enforcement inspection group shall timely present a law enforcement inspection report, and the chairmen’s meeting or the directors’ meeting will decide whether or not to submit it to the standing committee for deliberation.

A law enforcement inspection report shall:

(1)evaluate the conditions on the implementation of laws or regulations under inspection, put forward the problems in the law enforcement as well as the suggestions for improving the law enforcement work; and

(2)put forward suggestions for improving the relevant laws or regulations.

Article 27 The members of the standing committee shall submit the deliberation opinions about a law enforcement inspection report to the people’s government, the people’s court or the people’s procuratorate at the corresponding level for study and disposal together with the law enforcement inspection report. The people’s government, the people’s court or the people’s procuratorate shall make a report to the standing committee after its working body reports the conditions on the study and disposal to the relevant special committee of the people’s congress at the corresponding level or the working body of the standing committee for soliciting opinions. When necessary, the chairmen’s meeting or the directors’ meeting can decide to submit it to the standing committee for deliberation, or the standing committee shall organize a follow-up inspection; and the standing committee can also entrust the relevant special committee of the people’s congress at the corresponding level or the working body of the standing committee for a follow-up inspection.

The law enforcement inspection reports and deliberation opinions of the standing committee, as well as the reports of the people’s government, the people’s court or the people’s procuratorate on the study and disposal shall be circulated to the deputies of the people’s congress at the corresponding level and be announced to the general public.

Chapter V Examining the Archival Filing of Regulatory Documents

Article 28 The archival filing, examination and revocation of administrative regulations, local regulations, regulations on the exercise of autonomy, separate regulations and rules shall be conducted according to the relevant provisions in the Legislation Law.

Article 29 The procedures for the standing committee of the people’s congress at or above the county level to examine and revoke improper resolutions or decisions made by the people’s congress at the next lower level or its standing committee or the improper resolutions or orders promulgated by the people’s government at the corresponding level shall be specifically prescribed by the standing committee of the people’s congress of the province, autonomous region or municipality directly under the Central Government by referring to the Legislation Law.

Article 30 Where the standing committee of the people’s congress at or above the county level finds upon examination that any resolution or decision made by the people’s congress at the next lower level or its standing committee or any resolution or order promulgated by the people’s government at the corresponding level is under any of the following improper circumstances, it has the power to revoke it:

(1)Exceeding statutory powers, restricting or depriving the lawful rights of citizens, legal persons or other organizations, or imposing obligations on the citizens, legal persons or other organizations;

(2)Conflicting with the law or regulation; or

(3)Any other improper circumstance.

Article 31 Any interpretation of the Supreme People’s Court or the Supreme People’s Procuratorate regarding the specific application of laws in the judicial and procuratorial work shall be reported to the Standing Committee of the National People’s Congress for archival filing within 30 days upon promulgation.

Article 32 Where the State Council, the Central Military Commission or the standing committee of the people’s congress of the province, autonomous region or municipality directly under the Central Government finds that any interpretation of the Supreme People’s Court or the Supreme People’s Procuratorate regarding the specific application of laws conflicts with the law, or the Supreme People’s Court or the Supreme People’s Procuratorate considers that any interpretation of the other party conflicts with the law, it can put forward a written request for examination to the Standing Committee of the National People’s Congress, and the working body of the Standing Committee shall send it to the relevant special committee for examination and putting forward opinions.

Where any state organ, social group, enterprise, public institution or citizen other than those prescribed in the preceding Paragraph finds that any interpretation of the Supreme People’s Court or the Supreme People’s Procuratorate regarding the specific application of laws conflicts with the law, it or he can put forward a written request for examination to the Standing Committee of the National People’s Congress, and the working body of the Standing Committee shall study it, and when necessary, send it to the relevant special committee for examination and putting forward opinions.

Article 33 Where the Law Committee or any other special committee of the National People’s Congress finds upon examination that any interpretation of the Supreme People’s Court or the Supreme People’s Procuratorate regarding the specific application of laws conflicts with the law, however, the Supreme People’s Court or the Supreme People’s Procuratorate does not revise or abolish the said interpretation, it can put forward a bill requiring the Supreme People’s Court or the Supreme People’s Procuratorate to make revision or abolition, or put forward a bill that the Standing Committee of the National People’s Congress makes a legal interpretation, and the directors’ meeting decides to submit the legal interpretation to the Standing Committee for deliberation.

Chapter VI Inquiry and Interrogatory

Article 34 When the meeting of the standing committee of the people’s congress at any level deliberates a bill or relevant report, the people’s government or the relevant department, the people’s court or the people’s procuratorate at the corresponding level shall assign the relevant person-in-charge to attend the meeting, hear opinions and answer inquiries.

Article 35 Ten or more members of the Standing Committee of the National People’s Congress, five or more members of the standing committee of the people’s congress of the province, autonomous region, municipality directly under the Central Government, autonomous prefecture or districted city, three or more members of the standing committee of the people’s congress at the county level may jointly put forward a bill of inquiry into the people’s government or the relevant department, the people’s court or the people’s procuratorate at the corresponding level to the standing committee.

A bill of inquiry shall state the object under inquiry as well as the issues and contents of inquiry.

Article 36 The chairmen’s meeting or the directors’ meeting will decide whether or not to submit a bill of inquiry to the organ under inquiry for a reply.

The chairmen’s meeting or the directors’ meeting may decide to let the organ under inquiry make an oral reply at the meeting of the standing committee or the special committee or make a written reply. Where the organ under inquiry makes an oral reply at the meeting of the special committee, the members of the standing committee who have put forward the bill of inquiry have the right to attend the meeting as non-voting delegates and deliver their opinions. The chairmen’s meeting or the directors’ meeting may, if necessary, print and distribute a report on the reply to the bill of inquiry to the meeting of the standing committee.

Article 37 Where half or more members of the standing committee who have put forward a bill of inquiry are not satisfied with the reply of the organ under inquiry, they can require the organ under inquiry to give another reply upon approval of the chairmen’s meeting or the directors’ meeting.

Article 38 Where an oral reply is given for a bill of inquiry, the person-in-charge of the organ under inquiry shall appear at the meeting for giving the reply. Where a written reply is given for a bill of inquiry, the person-in-charge of the organ under inquiry shall affix his name.

Chapter VII Investigation of Special Issues

Article 39 Where the standing committee of the people’s congress at each level needs to make a resolution or decision on the matter within its own jurisdiction but is unclear about the relevant important fact, it can organize an investigation committee for the specific issue.

Article 40 The chairmen’s meeting or the directors’ meeting may propose that the standing committee of the people’s congress at the corresponding level organize an investigation committee for the specific issue, and submit it to the standing committee for deliberation.

1/5 or more members of the standing committee can, in written form, jointly propose that the standing committee of the people’s congress at the corresponding level organize an investigation committee for the specific issue, and the chairmen’s meeting or the directors’ meeting shall decide to submit the proposal to the standing committee for deliberation or to the relevant special committee for deliberation and putting forward a report, and then decide to submit the proposal to the standing committee for deliberation.

Article 41 An investigation committee shall consist of a chairman, vice chairmen and other members, who shall be nominated by the chairmen’s meeting or the directors’ meeting from among the members of the standing committee of the people’s congress at the corresponding level or the deputies of the people’s congress at the corresponding level, and be deliberated and adopted by the standing committee. An investigation committee may hire relevant experts to attend the investigation work.

Any member of the standing committee or any other person who has an interest with the issue under investigation shall not join in the investigation committee.

Article 42 When an investigation committee carries out an investigation, the relevant state organ, social group, enterprise, public institution or citizen shall be obliged to provide necessary materials.

Where a citizen who provides materials requires for keeping confidential the sources of materials, the investigation committee shall keep them confidential.

During the course of investigation, an investigation committee can not announce the conditions or materials about the investigation.

Article 43 An investigation committee shall make an investigation report to the standing committee that engenders it. The standing committee may make a corresponding resolution or decision according to the report.

Chapter VIII Deliberating and Deciding the Cases concerning the Dismissal from Office

Article 44 The standing committee of the people’s congress at or above the county level may, when the people’s congress is not in session, decide to remove the post of some vice governors of a province, autonomous region, city, prefecture, county or district in the people’s government at the corresponding level; and may cancel any other member in the people’s government at the corresponding level that is appointed thereby or the vice-president, chief judge or associate chief judge of a division, member of the judicial committees or judge of the people’s court at the corresponding level, or deputy chief procurator, member of the procuratorial committee or procurator of the people’s procuratorate at the corresponding level, the president of the intermediate people’s court, or the chief procurator of the branch of the people’s procuratorate.

Article 45 The local people’s government, the people’s court or the people’s procuratorate at or above the county level may put forward a bill for removing the post of any functionary in state organs mentioned in Article 44 of this Law.

The directors’ meeting of the standing committee of the people’s congress at or above the county level may put forward a bill for removing the post of any functionary in state organs mentioned in Article 44 of this Law.

1/5 or more members of the standing committee of the people’s congress at or above the county level may, in written form, jointly put forward a bill for removing the post of any functionary in state organs mentioned in Article 44 of this Law, and the directors’ meeting will decide whether or not to submit it to the meeting of the standing committee for deliberation; or the directors’ meeting will put forward a proposal to the plenary session for deciding to organize an investigation committee, and the later meeting of the standing committee will make the deliberation and decision according to the report of the investigation committee.

Article 46 A bill of removal shall indicate the object and reasons for the removal, and the relevant materials shall also be provided.

Before a bill of removal is submitted for voting, the person against whom the bill of removal is submitted has the right to present his defense at the meeting of the standing committee or present written defense, and the directors’ meeting will decide whether or not to print and distribute the defense to the meeting of the standing committee.

A bill of removal shall be voted by secret ballots, and be adopted by half or more of all the members of the standing committee.

Chapter IX Supplementary Provisions

Article 47 The standing committee of the people’s congress of the province, autonomous region or municipality directly under the Central Government may formulate the implementation measures according to this Law and the relevant laws as well as its own actual situation.