Summary and Organization of Provisions of the Representative Law
——Introduction to the Main Content of the Revised Representative Law (Part Five)
The Representative Law is the fundamental law that regulates and guarantees the lawful exercise of representative powers and duties by the representatives of the National People’s Congress (NPC). Here, we excerpt and briefly interpret some provisions.
1. Representatives should attend the local People’s Congress as required.
1. Preparation before the meeting is essential. Article 13 of the Representative Law states: Before attending the meeting of the local People’s Congress, representatives should listen to the opinions and demands of the people through various means and carefully study the proposals and reports to be submitted for discussion at the meeting, in order to prepare for the execution of their duties during the meeting.
According to this provision, representatives must prepare adequately before attending the local People’s Congress meeting. This emphasizes the term “should,” which means that appropriate preparations must be made before attending the meeting. For example, actively participating in representative inspection activities; improving proposed motions and suggestions by soliciting opinions from relevant units through group discussions; carefully studying the proposals and reports to be submitted for discussion, and preparing content for speeches during the discussions, etc. The working bodies of the NPC Standing Committee also need to assist representatives in making relevant preparations and provide necessary conveniences. In summary,preparing in advance before attending the local People’s Congress meeting is a legal requirement that needs to be taken seriously.
2. Participation in elections and votes is both a right and an obligation. Article 17 of the Representative Law states: Representatives may vote in favor, against, or abstain from the determined candidates; those who oppose may select others. Article 23 states that representatives participating in the voting of the local People’s Congress may express approval, opposition, or abstention. Additionally, Article 8 of the Representative Law includes the obligation of representatives to “participate in elections and votes.”
This means that when participating in elections, representatives can vote in favor, against, or abstain, but they cannot refrain from voting; when participating in votes, they can express approval, opposition, or abstention, but they cannot abstain from voting.Not voting or not participating in votes means failing to fulfill representative duties according to the law.
Furthermore, Article 18 of the law states: Representatives of the National People’s Congress participate in deciding the candidates for members of the State Council and the Vice Chairman and members of the Central Military Commission. Representatives of the local People’s Congress at or above the county level participate in voting to approve the candidates for the specialized committees of the local People’s Congress. This provision differs from elections; when “deciding” on candidates and “voting to approve” candidates, representatives can express approval, opposition, or abstention,but cannot select others.
2. Representatives should actively participate in activities during the recess.
1. Forms of activities during the recess. Article 26 of the Representative Law states that representatives’ activities during the recess are primarily collective activities, with group activities being the basic form. According to this provision,representatives mainly fulfill their duties during the recess by participating in group activities.
2. Regarding the composition of representative groups. Article 27 of the Representative Law states that representatives of the local People’s Congress at or above the county level should form representative groups based on the principle of facilitating organization and activity. This means that the principle for establishing representative groups is “facilitating organization and activity,” which can be organized by region or by industry, profession, or field. In practice, many places have established industry representative groups and professional representative groups, effectively utilizing the professional expertise of representatives.
3. Activities of representative groups are not necessarily limited to their own level. According to the Representative Law, representative groups can organize activities not limited to their own level; representatives of the local People’s Congress at or above the county level can participate in the activities of representative groups of lower-level People’s Congresses. In practice, many places have mixed representatives from various levels within their administrative regions to conduct activities together, achieving good results. Article 28 of the Representative Law also clarifies: The Standing Committees of the local People’s Congress at or above the county level and the presidiums of the People’s Congresses of townships, ethnic townships, and towns regularly organize and assist representatives within their administrative regions to conduct activities to connect with the people and listen to and reflect the opinions and demands of the people, specifically emphasizing “within their administrative regions” rather than “at their own level.”
4. Representatives participate in inspections and research as arranged. According to the law, representatives conduct inspections or research activities based on the arrangements of the Standing Committee of the local People’s Congress or the presidium of the township People’s Congress. The law also states that representatives can conduct on-site inspections with their representative certificates, and the arrangements for on-site inspections are coordinated by the Standing Committees of the local People’s Congress at or above the county level or the presidiums of the township People’s Congresses.
5. Representatives can meet with heads of state organs. When representatives conduct concentrated inspections based on the arrangements of the Standing Committee of the local People’s Congress or the presidium of the township People’s Congress, they can request to meet with the heads of relevant state organs at their own level or lower levels. The heads of the relevant state organs or their delegated personnel should listen to the representatives’ suggestions, criticisms, and opinions. It is important to note that the law only specifies this situation for meeting with heads of state organs; it does not provide such provisions for special research or on-site inspections by representatives. Additionally, when representatives lawfully request a meeting, they can request to meet with heads of state organs at their own level or lower levels.
3. Suggestions from representatives can be made both during and after the conference.
What we commonly refer to as representative suggestions is a shorthand for “suggestions, criticisms, and opinions on various aspects of work” in the Representative Law. Several articles in the Representative Law provide regulations on representative suggestions.
1. Suggestions can be made during and after the conference. According to Article 24 of the Representative Law, during the conference, representatives have the right to submit suggestions, criticisms, and opinions on various aspects of work to the local People’s Congress. At the same time, Article 36 of the Representative Law states that representatives have the right to submit suggestions, criticisms, and opinions on various aspects of work to the Standing Committee of the local People’s Congress or the presidium of the township People’s Congress during the recess. This means thatrepresentatives can submit “suggestions, criticisms, and opinions on various aspects of work” (collectively referred to as representative suggestions) both during and after the conference.
2. Legal effect of representative suggestions. According to Article 51 of the Representative Law, relevant agencies and organizations should carefully study and handle representative suggestions, criticisms, and opinions, maintain contact and communication with representatives, fully listen to their opinions, and respond within three months from the date of assignment. Suggestions, criticisms, and opinions that are broad in scope and difficult to handle should be responded to within six months from the date of assignment. This means that as long as representative suggestions are submitted and assigned according to the prescribed procedures, relevant units must study and handle them and respond to representatives within the legal time limit.
3. Supervision of suggestions. Article 52 of the Representative Law states that the relevant specialized committees and working bodies of the Standing Committees of the local People’s Congress at or above the county level, as well as the presidiums of the People’s Congresses of townships, ethnic townships, and towns, should strengthen the supervision and handling of representative suggestions, criticisms, and opinions. The chairman’s meeting or director’s meeting can determine key representative suggestions, criticisms, and opinions for supervision and handling, focusing on issues related to economic and social development and those that concern the immediate interests of the people and are of general public concern.
This article is a new addition to the revised Representative Law, particularly clarifying that the chairman’s meeting or director’s meeting determines key suggestions for supervision and handling, and localities should implement this requirement of the Representative Law.
Source:Special Publication on Learning Materials for NPC Representatives