1. CHINA’S LEGISLATIVE SYSTEM AND PROCEDURES by WU Hao Director-General State Council Legislative Affairs Office People’s Republic of China

2. CHINA’S LEGISLATIVE SYSTEM AND PROCEDURES(1) I. Limits of Legislative Powers II. Procedures for Making Laws III. Procedures for Formulating Administrative Regulations

3. Limits of Legislative Powers (2) The National People’s Congress and its Standing Committee exercise the state legislative powers The National People’s Congress makes and amends the criminal laws, the civil laws, the basic laws governing state organs and other basic laws The Standing Committee of the National People’s Congress makes and amends laws other than those that fall within the mandate of the National People’s Congress

4. Limits of Legislative Powers (3) The Standing Committee of the NPC may, during the recess of the NPC, make partial supplements or amendments to the laws made by the NPC. However, such supplements or amendments shall not come into conflict with the fundamental principles governing the said laws.

5. Limits of Legislative Powers (4) The National People’s Congress and its Standing Committee enjoy exclusive legislative powers over the following matters: 1. matters relating to national sovereignty 2. the establishment, organization and functions of the people’s congresses, governments, courts and procuratorates at various levels

6. Limits of Legislative Powers (5) 3. the regional ethnic autonomous system, the special administrative regions system, and the grass-root self-governance system 4. crimes and criminal penalties 5. the coercive measures and penalties pertaining to the deprivation of the political rights of citizens and restrictions on personal freedoms

7. Limits of Legislative Powers (6) 6. the requisition of non-state-owned assets and properties 7. the basic regimes governing civil affairs 8. the basic economic system, as well as the basic systems governing fiscal policies, taxation, Customs administration and foreign trade 9. the litigation and arbitration regimes; and 10. other matters for which the National People’s Congress and its Standing Committee must enact laws

8. Limits of Legislative Powers (7) The State Council may formulate administrative regulations in accordance with the Constitution and laws of the country The administrative regulations made by the State Council govern the following three categories of matters: 1. matters that require the formulation of administrative regulations for the purpose of implementing the provisions of the pertinent laws

9. Limits of Legislative Powers (8) 2. matters that fall with the purview of the administrative powers of the State Council as provided for in Article 89 of the Constitution; and 3. matters for which administrative regulations are made on the strength of the authorization of the National People’s Congress and its Standing Committee

10. Limits of Legislative Powers (9) The people’s congresses and their standing committees of the provinces, the autonomous regions and the municipalities directly under the Central Government may enact local regulations --in light of the actual conditions and needs of their respective jurisdictions --the local regulations shall not come into conflict with the Constitution, the laws and administrative regulations of the country

11. Limits of Legislative Powers (10) The people’s congresses and their standing committees of the relatively larger municipalities may enact local regulations --in light of conditions and actual needs of their respective municipalities --they shall not come into conflict with the Constitution, laws ad administrative regulations of the country and the local regulations of their respective provinces or autonomous regions

12. Limits of Legislative Powers (11) --they may only be implemented upon approval by the standing committees of the provinces and autonomous regions they belong to

13. Limits of Legislative Powers (12) Local regulations may cover the following three categories of matters: 1. matters that require the enactment of specific provisions in light of the actual conditions of their respective administrative areas in order to implement the pertinent provisions of laws and administrative regulations 2. matters that fall within the authority of the localities that require the enactment of local administrative regulations; and

14. Limits of Legislative Powers (13) 3. other matters that lie beyond the exclusive legislative powers of the central legislative bodies and for which no laws or administrative regulations have been made

15. Limits of Legislative Powers (14) The people’s congresses of the areas where ethnic autonomy is implemented have the power to enact autonomous regulations and separate regulations on the basis of the political, economic and cultural characteristics of the local ethnic groups --the autonomous regulations and the separate regulations enacted by the ethnic autonomous regions shall take effect upon approval by the Standing Committee of the NPC.

16. Limits of Legislative Powers (15) --the autonomous regulations and the separate regulations of the ethnic autonomous prefectures and counties shall take effect upon approval by the standing committees of the people’s congresses of their respective provinces, autonomous regions and municipalities directly under the Central Government

17. Limits of Legislative Powers (16) The autonomous regulations and the separate regulations may have discretionary provisions on the basis of the relevant laws and administrative regulations in light of the characteristics of the local ethnic groups. However, such discretionary provisions may not contravene the fundamental principles governing these laws and administrative regulations

18. Limits of Legislative Powers (17) No discretionary provisions may be made in relation to the provisions of the Constitution and the Law on Regional Ethnic Autonomy, as well as the provisions on the areas that exercise ethnic autonomy as enshrined exclusively in the other laws and administrative regulations.

19. Limits of Legislative Powers (18) The people’s congresses and their standing committees of the provinces and municipalities where the special economic zones are located may, in accordance with the authorization of the NPC, decide to formulate regulations which are to be implemented within the special economic zones.

20. Limits of Legislative Powers (19) The departments of the State Council may, within the powers of their respective departments, make departmental rules in accordance with the laws and State Council’s administrative regulations, decisions and decrees

21. Limits of Legislative Powers (20) The governments of the provinces, the autonomous regions, the municipalities directly under the Central Government and the relatively larger municipalities may formulate their respective local government rules in accordance with the laws and administrative regulations as well as the local regulations of their respective provinces, autonomous regions and municipalities directly under the central Government.

22. Limits of Legislative Powers (21) The matters governed by the departmental rules are the ones for which the rules are made for the purpose of implementing the provisions of the relevant laws or State Council’s administrative regulations, decisions and decrees The local government rules may also provide for the concrete administrative matters that lie within their respective regional jurisdictions in addition to the provisions for the matters that require regulations in order to implement laws and administrative regulations

23. Procedures for Making Laws (22) I. Proposing a bill of law --The Presidium of the NPC --the Standing Committee of the NPC --the various select committees of the NPC --the State Council --the Central Military Commission --the Supreme People’s Court --the Supreme People’s Procuratorate --a delegation or more than 30 NPC deputies shall have the right to propose a bill of law to the NPC

24. Procedures for Making Laws (23) --Meetings of the NPC chairman and vice- chairmen --the various select committees of the NPC --the State Council --the Central Military Commission --the Supreme People’s Court --the Supreme People’s Procuratorate --more than 10 members of the Standing Committee of the NPC shall have the right to propose a bill of law to the Standing Committee of the NPC

25. Procedures for Making Laws (24) II. Deliberating drafts of laws --the bill of a law listed into the deliberating agenda for the meetings of the NPC hearing the sponsor’s explanations of the bill at the plenary meeting deliberating the bill by the various delegations and the relevant select committees

26. Procedures for Making Laws (25) the Law Committee of the NPC conducts a unified review of the said bill, and submit a report thereon to the Presidium of the NPC the draft bill will be printed and distributed to the deputies after having been reviewed by the Presidium

27. Procedures for Making Laws (26) --The bill of a law listed into the agenda for the meetings of the NPC Standing Committee --normally will be committed to a vote after three readings at the meetings of the Standing Committee. The first meeting of the Standing Committee is dedicated to hearing the explanations of the draft bill by its sponsor initial deliberation of the draft bill at group meetings

28. Procedures for Making Laws (27) deliberation conducted by the relevant select committees the Law Committee conducts a unified examination of the draft bill, and submits a report on the outcomes of the examination as well as an amended draft of the bill the draft bill will be committed to a vote upon the reexamination at the group meetings of the Standing Committee

29. Procedures for Making Laws (28) -- Open solicitation of public comments The Law Committee, the relevant select committees and the operational organs of the Standing Committee should solicit comments from all quarters The solicitation of comments may take the multiple forms of meetings of discussion, meetings of appraisal, public hearings, etc. With regard to the bills of legislation of great significance, they may be made public for the purpose of soliciting public comments hereon upon decision by the meeting of the Chairman and vice-chairmen of the NPC Standing Committee.

30. Procedures for Making Laws (29) III. Voting on the draft bill --the Law Committee puts forth a draft to be voted on of the draft bill --the Presidium (the chairman of the NPC Standing Committee) requests the plenary meeting (all the members of the Standing Committee) to vote thereon --the bill is adopted by a simple majority of all the deputies or the members of the Standing Committee

31. Procedures for Making Laws (30) IV. Promulgation of the text of the law The President signs the presidential decree to promulgate the law The presidential decree shall indicate the body that enacted the law, the dates of its passage and effectiveness To be published in the NPC Standing Committee Gazette and in the nationally circulated newspapers

32. Procedures for Formulating Administrative Regulations (31) I. The determination of legislation --drawing up an annual legislative work plan of the State Council --submitting the plan to the State Council for approval

33. Procedures for Formulating Administrative Regulations (32) II. Drafting --the drafting of administrative regulations shall be organized by the State Council --one or several departments of the State Council shall be tasked with the specific drafting of administrative regulations -- The State Council Legislative Affairs Office drafts or organizes the drafting

34. Procedures for Formulating Administrative Regulations (33) In the process of drafting administrative regulations, in-depth investigations and studies should be conducted, and practical experiences should be summed up, the opinions of the relevant government agencies, organizations and the general public must be extensively solicited. The solicitation of opinions may take the forms of discussion meetings, appraisal meetings, public hearings, etc.

35. Procedures for Formulating Administrative Regulations (34) --The draft administrative regulation for review shall be submitted to the State Council for examination The contents of the explanations of the draft for review shall include: -the necessity to make the said regulation -the main systems to be established therein -the divergence of opinions of the various parties -the solicitation of opinions of the relevant government agencies, organizations and the general public

36. Procedures for Formulating Administrative Regulations (35) III. Examination The State Council Legislative Affairs Office is responsible for the examination --Soliciting opinions relevant departments of the State Council, local people’s governments, relevant organizations and experts --On-the-spot investigations and studies

37. Procedures for Formulating Administrative Regulations (36) --Open solicitation of opinions When problems of major importance and difficulties are involved, discussion meetings, appraisal meetings with the participation of the relevant departments and experts should be organized in order to gather opinions and effectuate studies and appraisal --Holding public hearings Where the immediate interests of citizens, legal persons or other organizations are involved, the State Council Legislative Affairs Office may solicit the opinions of the relevant government agencies, organizations and the general public.

38. Procedures for Formulating Administrative Regulations (37) --Modifying the draft submitted for review shaping up the draft administrative regulations and the explanatory notes on the draft --Proposal requesting that the draft be examined at an Executive Meeting of the State Council or directly requesting the State Council to examine and approve

39. Procedures for Formulating Administrative Regulations (38) IV. Decision and promulgation Draft administrative regulations are to be examined by the Executive Meeting of the State Council or approved by the State Council --Explanatory notes on the draft administrative regulations the State Council Legislative Affairs Office or the drafting department

40. Procedures for Formulating Administrative Regulations (39) --Further revision --Requesting the Premier to sign the decree of the State Council to promulgate the administrative regulation The decree of the State Council signed by the Premier to promulgate the administrative regulation shall clearly indicate the date of effect of the administrative regulation

41. Procedures for Formulating Administrative Regulations (40) --Publication of the text of the administrative regulation in the State Council Gazette and in nationally circulated newspapers -- Filing for the record The General Office of the State Council shall, within 30 days as of the date of promulgation of the administrative regulation, submit same to the Standing Committee of the National People’s Congress for the record

42. Procedures for Formulating Administrative Regulations (41) Administrative regulations shall be executed after 30 days as of the date of promulgation However— those administrative regulations which concern national security, the determination of the foreign currency exchange rates and the monetary policy, and those administrative regulations whose deferred implementation may hamper the implementation of such administrative regulations may be implemented as of the date of promulgation

43. Data(42) By the end of October 2011 Seven legal sectors including the Constitution and constitution-related laws, the civil and commercial laws, the administrative laws, the economic laws, the social laws, the criminal laws, the litigation and non-litigation procedural laws: --240 laws --711 administrative regulations --8120 local regulations --11050 rules of State Council’s departments and local governments

44. Thank You! November 2011