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CHAPTER I GENERAL PROVISIONS

CHAPTER II WORK OF DEPUTIES DURING A SESSION OF THE PEOPLE’S CONGRESS AT THE CORRESPONDING LEVEL

CHAPTER III ACTIVITIES OF DEPUTIES WHEN THE PEOPLE’S CONGRESS AT THE CORRESPONDING LEVEL IS NOT IN SESSION

CHAPTER IV GUARANTEES FOR THE PERFORMANCE OF FUNCTIONS AS DEPUTIES

CHAPTER V SUPERVISION OVER DEPUTIES

CHAPTER VI SUPPLEMENTARY PROVISIONS

CHAPTER I GENERAL PROVISIONS

Article 1 This Law is formulated in accordance with the Constitution to ensure that deputies to the National People’s Congress and deputies to the local people’s congresses at various levels exercise their functions and powers, fulfill their duties and play their roles, according to law and in their capacity as deputies.

Article 2 Deputies to the National People’s Congress and to the local people’s congresses at various levels shall be elected according to law.

Deputies to the National People’s Congress are component members of the highest organ of State power, and deputies to the local people’s congresses at various levels are component members of the organs of State power at the corresponding levels.

Deputies to the National People’s Congress and to the local people’s congresses at various levels shall, representing the interests and will of the people, participate in the exercise of State power in accordance with the functions and powers vested in the people’s congresses at the corresponding levels by the Constitution and relevant laws.

Article 3 Deputies shall be entitled to the following rights:

1. Attending sessions of the people’s congresses at the corresponding levels, participating in the deliberation of all bills and proposals, reports and other issues, and putting forward their opinions;

2. Jointly submitting bills and proposals, proposals for addressing inquiries, proposals of recall, etc. in accordance with law;

3. Putting forward proposals, criticisms and opinions concerning any aspect of work;

4. Participating in all elections held by the people’s congresses at the corresponding levels;

5. Participating in all votes held by the people’s congresses at the corresponding levels;

6. Obtaining the information and all kinds of guarantees necessary for their performance of duties as deputies according to law; and

7. Other rights as prescribed by law.

Article 4 Deputies shall perform the following duties:

1. Playing an exemplary role in abiding by the Constitution and the laws and in keeping state secrets and, in the production, work or public activities which they take part in, assisting the implementation of the Constitution and the laws;

2. Attending sessions of the people’s congresses at the corresponding levels on time, earnestly deliberating on all bills and proposals, reports and other issues, putting forward their opinions and doing a good job in various work during the sessions;

3. Actively taking part in inspections, special surveys, law-enforcement inspections and other activities in relation to performance of their duties which are organized uniformly;

4. Strengthening their study, survey and research in relation to performance of their duties, and continuously enhancing their capacity of performing their duties as deputies;

5. Maintaining close contact with the voters of the electoral districts or the electoral units that elected them and with the mass people, hearing and conveying their opinions and demands, and striving to serve the people;

6. Consciously abiding by social morality and being clean, self-disciplined, impartial, decent and diligent; and

7. Other duties as prescribed by law.

Article 5 Deputies’ work carried out according to the provisions of this Law, when the people’s congresses at the corresponding levels are in session, and their activities conducted according to the provisions of this Law, when the people’s congresses at the corresponding levels are not in session, shall all constitute the performance of their functions as deputies.

The State and society shall provide guarantees for deputies in their performance of functions as deputies.

Deputies shall not be separate from their own production and work. When attending the sessions of the people’s congresses at the corresponding levels, and participating in the performance of their duties organized uniformly when the people’s congresses are not in session, deputies shall make good arrangements of their production and work and give priority to the performance of their duties as deputies.

Article 6 Deputies shall be subject to the supervision of the voters of the electoral districts or the electoral units that elected them.

CHAPTER II WORK OF DEPUTIES DURING A SESSION OF THE PEOPLE’S CONGRESS AT THE CORRESPONDING LEVEL

Article 7 Deputies shall attend the sessions of the people’s congresses at the corresponding levels on time. If a deputy can not attend a session due to health or any other special reason, he shall ask for leave in accordance with the relevant provisions.

Prior to attending sessions of the people’s congresses at the corresponding levels, deputies shall hear the opinions and suggestions of the people, and make good preparation for their performance of duties as deputies during the sessions.

Article 8 Deputies shall attend plenary meetings of a session, and general meetings and group meetings of the delegation, and deliberate on all the bills or proposals and reports that have been placed on the agenda of the meetings.

Deputies may attend, upon recommendation or invitation, and as nonvoting participants, meetings of the Presidium or meetings of the special committees and advance their opinions.

Deputies shall put forward opinions around the topics of the meetings and comply with the rules of procedure.

Article 9 Deputies have the right, in accordance with procedures prescribed by law, to submit to the people’s congress at the corresponding level bills and proposals within the scope of its functions and powers. Bills and proposals submitted shall consist of subjects, grounds and schemes.

Whether a bill or proposal put forward by deputies according to law shall be placed on the agenda of a session shall be decided by the presidium of the people’s congress at the corresponding level, or it shall be submitted to the relevant special committee for deliberation, which shall put forward opinions on whether to place it on the agenda of the session, before the presidium decides whether to place it on the agenda of the session.

Deliberations on a bill or proposal already placed on the agenda of a session shall be terminated upon approval by the Presidium of a request made by the sponsor deputy for its withdrawal before it is put to vote at the session.

Article 10 Deputies to the National People’s Congress have the right, in accordance with the procedures prescribed by the Constitution, to submit to the National People’s Congress bills on the amendment to the Constitution.

Article 11 Deputies shall participate in the elections conducted by the people’s congress at the corresponding level.

Deputies to the National People’s Congress have the right to advance opinions on candidates nominated by the Presidium for the component members of the Standing Committee of the National People’s Congress, President and Vice-President of the People’s Republic of China, Chairman of the Central Military Commission, President of the Supreme People’s Court and Procurator-General of the Supreme People’s Procuratorate and candidates for the various special committees of the National People’s Congress.

Deputies to the local people’s congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to nominate candidates for the component members of the standing committees of the people’s congresses, leading members of the people’s governments, presidents of the people’s courts and procurators-general of the people’s procuratorates at the corresponding levels, as well as candidates for the deputies to the people’s congresses at the next higher levels, and have the right to advance opinions on the aforesaid candidates nominated according to law by the presidiums and deputies to the people’s congresses at the corresponding levels.

Deputies to the people’s congress of a township, ethnic township or town shall have the right, in accordance with the procedures as prescribed by law, to nominate candidates for the chairman and deputy chairman of the people’s congress at the corresponding level and the leading members of the people’s government at the corresponding level, and have the right to put forward opinions on the aforesaid candidates nominated according to law by the presidium and deputies to the people’s congress at the corresponding level.

Deputies to the people’s congresses at various levels have the right to advance opinions on the candidates for the presidiums of the people’s congresses at the corresponding levels.

With respect to a candidate that has been determined, deputies may vote for or against, or vote another person instead, or abstain from voting.

Article 12 Deputies to the National People’s Congress shall participate in deciding on the choice of the component members of the State Council, and Vice-Chairmen and members of the Central Military Commission.

Deputies to the National People’s Congress and to the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall participate in the vote for determining the component members of various special committees of the people’s congresses at the corresponding levels.

Article 13 During deliberations on a bill or proposal, or a report, deputies may make inquiries to the relevant State organ at the corresponding level, and such organ shall send its leading cadre or a person in charge to answer the inquiries.

Article 14 During a session of the National People’s Congress, a delegation or a group of thirty or more deputies have the right to make a proposal in writing for addressing inquiries to the State Council, ministries and commissions under the State Council, the Supreme People’s Court and the Supreme People’s Procuratorate.

Deputies to the people’s congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people’s governments and governmental departments, the people’s courts and the people’s procuratorates at the corresponding levels.

Deputies to the people’s congresses of townships, nationality townships or towns have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people’s governments at the corresponding levels.

In a proposal for addressing inquiries, the person to be inquired and the subject and content to be inquired about shall be clearly stated.

A proposal for addressing inquiries shall, according to a decision of the Presidium, be replied by the State organ inquiried. If half or more of the deputies who made the proposal for addressing inquiries are not satisfied with the reply, they may demand another reply from the organ in question.

Article 15 Deputies to the National People’s Congress have the right, in accordance with the procedures prescribed by law, to make a proposal for the removal from office of a member of the Standing Committee of the National People’s Congress, the President or Vice-President of the People’s Republic of China, a component member of the State Council, a component member of the Central Military Commission, the President of the Supreme People’s Court or the Procurator-General of the Supreme People’s Procuratorate.

Deputies to a local people’s congress at or above the county level have the right, in accordance with the procedures prescribed by law, to make a proposal for the removal from office of a component member of the standing committee of the people’s congress, a component member of the people’s government, the president of the people’s court or the procurator-general of the people’s procuratorate at the corresponding level.

Deputies to the people’s congress of a township, ethnic township or town shall have the right, in accordance with the procedures as prescribed by law, to submit a proposal for the recall of the chairman or deputy chairman of the people’s congress at the corresponding level or a leading member of the people’s government at the corresponding level.

In a proposal for removal from office, the reasons for the removal shall be clearly stated.

Article 16 Deputies to a people’s congress at or above the county level have the right to put forward, according to law, a proposal for setting up a committee for the investigation of a specific question.

Article 17 Deputies may, in a vote conducted by the people’s congress at the corresponding level, cast an affirmative vote or a negative vote or abstain from voting.

Article 18 Deputies shall have the right to put forward proposals, criticisms and opinions to the people’s congresses at the corresponding levels concerning any aspect of work. The proposals, criticisms and opinions should be clear and specific and focus on reflecting the actual situation and problems.

CHAPTER III ACTIVITIES OF DEPUTIES WHEN THE PEOPLE’S CONGRESS AT THE CORRESPONDING LEVEL IS NOT IN SESSION

Article 19 The standing committee of a people’s congress at or above the county level shall organize deputies to the people’s congress at the corresponding level to carry out activities when the people’s congress at the corresponding level is not in session.

The standing committee of a local people’s congress at or above the county level shall, upon the commission of the standing committee of the people’s congress at the next higher level, organize the deputies to the people’s congress at the next higher level who are elected by the people’s congress at the corresponding level to carry out activities when the people’s congress at the next higher level is not in session.

The chairman and deputy chairman of the people’s congress of a township, ethnic township or town shall be responsible for organizing deputies to the people’s congress at the corresponding level to carry out activities when the people’s congress is not in session.

Article 20 The activities of deputies when the people’s congresses are not in session shall give priority to collective activities and take group activities of deputies as the basic form. Deputies may hear and convey the opinions of and demands from the voters of the electoral districts or the electoral units that elected them through various ways.

Article 21 Deputies to the people’s congresses at or above the county level may, with the assistance of the standing committees of the people’s congresses at the corresponding levels or lower levels, form themselves into deputy groups in the light of the principle of facilitating the organization and conduct of their activities.

Deputies to the people’s congresses at or above the county level may take part in the group activities of deputies to the people’s congresses at lower levels.

Article 22 Deputies to the people’s congresses at or above the county level may, in line with the unified arrangements made by the standing committees of the people’s congresses at the corresponding levels, carry out inspections on the work of the State organs and relevant units at the corresponding levels or lower levels.

Deputies may, during inspections conducted in accordance with the provisions of the preceding paragraph, suggest an interview with the responsible personnel of the relevant State organs at the corresponding or lower levels. The responsible personnel to be interviewed of the State organs concerned or the persons in charge entrusted by them shall listen to the proposals, criticisms or opinions of the deputies.

Deputies may conduct on-the-spot inspections in their respective localities on the strength of their deputy cards. The standing committees of the local people’s congresses at or above the county level shall, upon requests by deputies, make arrangements for deputies to the people’s congresses at the corresponding or higher levels to conduct on- the-spot inspections in their respective localities on the strength of their deputy cards.

Deputies may, during their inspections, put forward proposals, criticisms or opinions to the units inspected, but shall not deal with the problems directly.

Article 23 Deputies to the people’s congresses at and above the county level shall, in accordance with the arrangements, carry out special surveys by focusing on the economic and social development and the major issues that are related to the vital interests of the people and are the major concerns of the society.

Article 24 The reports formed by deputies from their participation in inspections or special surveys shall be forwarded by the office of the standing committee of the people’s congress at the corresponding level to the relevant organs and organizations. The research and handling of the opinions and proposals put forward in the reports shall be fed back to deputies.

Article 25 Deputies have the right, in accordance with the procedures prescribed by law, to propose the convening of an interim session of the people’s congress at the corresponding level.

Article 26 Deputies to the people’s congresses at and above the county level may attend, upon invitation, meetings of the standing committees of the people’s congresses at corresponding levels as nonvoting delegates, and may participate in the law-enforcement inspections and other activities organized by the standing committees of the people’s congresses at the corresponding levels. Deputies to the National People’s Congress and those to the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may attend, upon invitation, meetings of the special committees of the people’s congresses at the corresponding levels as nonvoting delegates.

Article 27 Deputies to the National People’s Congress and those to the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures or cities divided into districts may attend, as nonvoting participants, meetings of the people’s congresses of the electoral units that elected them, and may also attend, upon invitation and as nonvoting participants, meetings of the standing committees of the people’s congresses of the electoral units that elected them.

Article 28 Deputies to the people’s congresses at or above the county level shall, according to decisions of the people’s congresses at the corresponding levels or of their standing committees, join the committees for the investigation of specific questions.

Article 29 Deputies to the people’s congresses at and above the county level shall, when the people’s congresses at corresponding levels are not in session, have the right to put forward proposals, criticisms and opinions concerning any aspect of work to the standing committees of the people’s congresses at the corresponding levels. The proposals, criticisms and opinions shall be clear and specific and focus on reflecting the actual situation and problems.

Article 30 Deputies to the people’s congress of a township, ethnic township or town shall, when the people’s congress at the corresponding level is not in session, carry out surveys and other activities according to unified arrangements; and form themselves into deputy groups, contact the voters according to division of work and convey opinions of and demands from the mass people.

CHAPTER IV GUARANTEES FOR THE PERFORMANCE OF FUNCTIONS AS DEPUTIES

Article 31 Deputies shall hold no legal liability for their speeches or votes at various meetings of the people’s congresses.

Article 32 No deputy to a people’s congress at or above the county level may be arrested or placed on criminal trial without the consent of the Presidium of the people’s congress at the corresponding level, or without the consent of its standing committee when the people’s congress is not in session. If a deputy is caught in the act and detained, the organ executing the detention shall immediately report the matter to the Presidium or the standing committee of the people’s congress at the corresponding level.

If any other restriction of personal freedom prescribed by law is imposed on a deputy to a people’s congress at or above the county level, it shall be subject to the approval of the Presidium or the standing committee of the people’s congress at the corresponding level.

In accepting the applications for permission made by the relevant organs in accordance with this Article, the presidium or the standing committee of a people’s congress shall examine whether there are such circumstances as holding the deputies liable for their speeches or votes at various meetings of the people’s congress, or retaliating against the deputies for their acts of performing duties such as putting forward proposals, criticisms and opinions, and shall make a decision thereon.

If a deputy to the people’s congress of a township, nationality township or town is arrested or placed on criminal trial, or subjected to any other restrictions of personal freedom prescribed by law, the executing organ shall immediately report the matter to the people’s congress of the township, ethnic township or town.

Article 33 Where a deputy participates in activities as deputy arranged by the people’s congress at the corresponding level or its standing committee when the people’s congress is not in session, The unit to which the deputy belongs must ensure him the needed time.

Article 34 The performance by a deputy of his or her functions as deputy in accordance with the provisions of Article 33 of this Law shall be regarded as normal attendance by his or her unit and the wage and other benefits of the unit shall be duly enjoyed by the deputy.

Deputies with no fixed income of wages or salaries shall, for the performance of their functions as deputies, be appropriately subsidized by the governmental finance at the corresponding level in light of the specific circumstances.

Article 35 Funds for activities of deputies shall be included in the financial budgets at the corresponding levels for guarantee and shall be used for designated purposes only.

Article 36 The standing committees of the people’s congresses at and above the county level shall, through various ways, maintain contacts with deputies to the people’s congresses at the corresponding levels, and increase the deputies’ participation in the activities of the standing committees of the people’s congresses at the corresponding levels.

Article 37 The standing committees of the local people’s congresses at or above the county level shall provide necessary conditions for deputies within their respective administrative areas to perform their functions as deputies.

Article 38 The standing committees of the people’s congresses at and above the county level, the people’s governments, people’s courts and people’s procuratorates at various levels shall timely inform the deputies to the people’s congresses at the corresponding levels of the work, and provide information to guarantee the deputies’ rights to information.

Article 39 The standing committees of the people’s congresses at and above the county level shall organize deputies according to plans to participate in the study in relation to performance of their duties, assist deputies in being fully familiar with the people’s congress system and in mastering the legal knowledge and other expertise necessary for performance of their duties as deputies.

Deputies to the people’s congress of a township, ethnic township or town may participate in the study in relation to performance of their duties as deputies organized by the standing committee of the people’s congress at the next higher level.

Article 40 The offices and working bodies of the standing committees of the people’s congresses at and above the county level are the collective bodies serving deputies’ performance of their duties as deputies, and shall provide service guarantee for deputies in their performance of duties as deputies.

Article 41 For the convenience of deputies’ performance of their functions as deputies, the people’s congresses at various levels may make and issue deputy cards to deputies to the people’s congresses at the corresponding levels.

Article 42 The relevant organs and organizations shall carefully study and handle the proposals, criticisms and opinions put forward by deputies, and give replies within three months from the date when they are assigned. For the proposals, criticisms and opinions which involve a wide range of aspects and are difficult for handling, replies shall be given within six months from the date when they are assigned.

The relevant organs and organizations shall, during the process of studying and handling the proposals, criticisms and opinions put forward by deputies, contact and communicate with deputies and fully hear their opinions.

The handling of the proposals, criticisms and opinions put forward by deputies shall be reported to the standing committee of the people’s congress at the corresponding level and be issued to the next meeting of the people’s congress.

Article 43 When deputies of minority nationalities perform their functions as deputies, the departments concerned shall provide them with necessary help and give special considerations in such aspects as languages, both spoken and written, habits and customs.

Article 44 All organizations and individuals must respect the rights of deputies and support them in their performance of functions as deputies.

Whoever has the duty to assist deputies in their performance of functions as deputies but refuses to do so shall be admonished, criticized, even subjected to administrative sanctions by the unit concerned.

Whoever obstructs deputies from performing their functions as deputies according to law shall be subject to administrative sanctions by the unit to which he or she belongs or by the department at the higher level, or shall be punished in accordance with Article 50 of the Public Security Administrative Punishments Law of the People’s Republic of China . Whoever obstructs, by means of violence or threat, deputies from performing their functions as deputies according to law shall be subject to criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Whoever retaliates against deputies for their performance of the functions as deputies according to law shall be subject to administrative sanctions by the unit to which he or she belongs or by the department at the higher level. Where any state functionary commits retaliation which constitutes a crime, he or she shall be subject to criminal responsibility in accordance with the relevant provisions of the Criminal Law.

CHAPTER V Supervision over Deputies

Article 45 Deputies shall, through various ways, constantly hear the opinions of the mass people on their performance of duties as deputies, answer inquiries of voters of the electoral districts or of the electoral units that elected them and accept supervision.

The deputies directly elected by the voters shall report, through various ways, their performance of duties to the voters of the electoral districts that elected them.

Article 46 Deputies shall correctly handle the relations between their personal professional activities and their performance of duties as deputies, and shall not take advantage of performance of their duties as deputies to interfere in specific judicial cases or biding and other economic activities to seek for personal gains.

Article 47 The voters or the electoral units have the right to recall according to law the deputies they elected. The deputies to be recalled have the right to attend the meetings for recalling them to state their opinions or present a written statement of their opinions.

Article 48 Where a deputy falls under either of the following circumstances, the performance of his or her duties as deputy shall be temporarily suspended, and the credentials committee shall report it to the standing committee of the people’s congress at the corresponding level or to the people’s congress of a township, ethnic township or town:

(1) being held in custody and subjected to investigation, prosecution and trial for criminal cases; or

(2) being sentenced to public surveillance, criminal detention or fixed- term imprisonment without the supplementary punishment of deprivation of political rights and now serving the sentence.

As soon as the circumstances specified in the preceding paragraph no longer exist during the term of the deputy in question, the performance of his or her functions as deputy shall be restored, except for the one who is disqualified as deputy.

Article 49 A deputy involved in any of the following circumstances shall be disqualified as a deputy:

(1) a deputy to a local people’s congress at any level who has moved or is transferred away from the corresponding administrative area;

(2) his or her resignation as a deputy being accepted;

(3) being absent, without approval, from two sessions of the people’s congress at the corresponding level;

(4) being recalled;

(5) having forfeited the nationality of the People’s Republic of China;

(6) being deprived of political rights in accordance with the law;

(7) becoming incapacitated.

Article 50 The disqualification of a deputy to a people’s congress at or above the county level shall be reported by the credential committee to the standing committee of the people’s congress at the corresponding level for its announcement.

The disqualification of a deputy to the people’s congress of a township, nationality township or town shall be reported by the credential committee to the people’s congress at the corresponding level for its announcement.

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 51 The people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees may, in accordance with this Law and in light of the actual conditions of their respective administrative areas, formulate measures for implementation.