(Adopted at the Fifth Session of the Seventh National People’s Congress on April 3, 1992, promulgated by Order No. 56 of the President
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 SUSPENSION OF PERFORMANCE OF FUNCTIONS AS CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 1 This Law is formulated in accordance with the Constitution to ensure that deputies to the National People’s Congress and deputies Article 2 Deputies to the National People’s Congress and to the local people’s congresses at various levels shall be elected according Deputies to the National People’s Congress are component members of the highest organ of State power, and deputies to the Deputies to the National People’s Congress and to the local people’s congresses at various levels shall, representing the interests Article 3 Deputies must play an exemplary role in abiding by the Constitution and the law and keeping State secrets and, Article 4 Deputies shall maintain close contacts with the voters of the electoral districts or the electoral units that elected them and Article 5 Deputies shall be subject to the supervision of the voters of the electoral districts or the electoral units that elected them. Article 6 Deputies’ work carried out according to the provisions of this Law, when the people’s congresses at the corresponding levels The State and society shall provide guarantees for deputies in their performance of functions as deputies.
CHAPTER II WORK OF DEPUTIES DURING A SESSION OF THE PEOPLE’S CONGRESS AT THE CORRESPONDING LEVEL Article 7 Deputies shall attend sessions of the people’s congress at the corresponding level and exercise the functions and powers as Article 8 Deputies shall attend plenary meetings of a session, general meetings and group meetings of the delegation, deliberate on the Deputies may attend, upon recommendation or invitation, and as nonvoting participants, meetings of the Presidium or meetings Article 9 Deputies have the right, in accordance with procedures prescribed by law, to submit to the people’s congress at Deliberations on a bill or proposal already placed on the agenda of a session shall be terminated upon approval by the Presidium Article 10 Deputies to the National People’s Congress have the right, in accordance with the procedures prescribed by the Constitution, to 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 Deputies to the local people’s congresses at or above the county level have the right, in accordance with the procedures prescribed Deputies to the people’s congresses of townships, nationality townships or towns have the right, in accordance with the procedures Deputies to the people’s congresses at various levels have the right to advance opinions on the candidates for the presidiums With respect to a candidate that has been determined, deputies may vote for or against, or vote another person instead, or abstain Article 12 Deputies to the National People’s Congress shall participate in deciding on the choice of the component members of the State Council, Deputies to the National People’s Congress and to the people’s congresses of provinces, autonomous regions, municipalities Article 13 During deliberations on a bill or proposal, or a report, deputies may make inquiries to the relevant State organ at 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 Deputies to the people’s congresses at or above the county level have the right, in accordance with the procedures prescribed Deputies to the people’s congresses of townships, nationality townships or towns have the right, in accordance with the procedures In a proposal for addressing inquiries, the person to be inquired and the subject and content to be inquired about shall be clearly A proposal for addressing inquiries shall, according to a decision of the Presidium, be replied by the State organ inquiried. Article 15 Deputies to the National People’s Congress have the right, in accordance with the procedures prescribed by law, to make a proposal Deputies to a local people’s congress at or above the county level have the right, in accordance with the procedures prescribed Deputies to the people’s congress of a township, nationality township or town have the right, in accordance with the procedures 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 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 Article 18 Deputies have the right to put forward proposals, criticisms or opinions to the people’s congress at the corresponding
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 The standing committee of a local people’s congress at or above the county level shall, upon the commission of the standing Article 20 Deputies to the people’s congresses at or above the county level may, with the assistance of the standing committees of 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 Article 21 Deputies to the people’s congresses at or above the county level may, in line with the unified arrangements made by the standing Deputies may, during inspections conducted in accordance with the provisions of the preceding paragraph, suggest an interview Deputies may 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 Article 22 Deputies have the right, in accordance with the procedures prescribed by law, to propose the convening of an interim session Article 23 Deputies to the people’s congresses at or above the county level may attend, upon invitation, and as nonvoting participants, Article 24 Deputies to the National People’s Congress and those to the people’s congresses of provinces, autonomous regions, municipalities Article 25 Deputies shall, through various ways, constantly listen to the opinions of the masses of the people, answer inquiries of voters Article 26 Deputies to the people’s congresses at or above the county level shall, according to decisions of the people’s congresses at Article 27 Deputies to a people’s congress at or above the county level have the right to put forward proposals, criticisms or opinions Article 28 Deputies to the people’s congress of a township, nationality township or town shall have division of labour in their contacts CHAPTER IV GUARANTEES FOR THE PERFORMANCE OF FUNCTIONS AS DEPUTIES Article 29 Deputies shall hold no legal liability for their speeches or votes at various meetings of the people’s congresses. Article 30 No deputy to a people’s congress at or above the county level may be arrested or placed on criminal trial without the consent If any other restriction of personal freedom prescribed by law is imposed on a deputy to a people’s congress at or above If a deputy to the people’s congress of a township, nationality township or town is arrested or placed on criminal trial, or subjected Article 31 Where a deputy participates in activities as deputy arranged by the people’s congress at the corresponding level or its standing Article 32 The performance by a deputy of his or her functions as deputy in accordance with the provisions of Article 31 of this Law shall Deputies with no fixed income of wages or salaries shall, for the performance of their functions as deputies, be appropriately Article 33 Funds for deputy activities shall be included in the financial budget of the governments at the corresponding levels. Article 34 The standing committees of the people’s congresses at or above the county level shall, through various ways, maintain contacts Article 35 The standing committees of the local people’s congresses at or above the county level shall provide necessary conditions Article 36 The offices of the standing committees of the people’s congresses at or above the county level shall provide services Article 37 For the convenience of deputies’ performance of their functions as deputies, the people’s congresses at various levels Article 38 When deputies of minority nationalities perform their functions as deputies, the departments concerned shall provide them Article 39 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 Whoever obstructs deputies from performing their functions as deputies according to law shall be subjected to administrative
CHAPTER V SUSPENSION OF PERFORMANCE OF FUNCTIONS AS A DEPUTY AND Article 40 Where a deputy is involved in either of the following circumstances, the performance of his or her functions as deputy (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 As soon as the circumstances specified in the preceding paragraph no longer exist during the term of the deputy in question, Article 41 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 (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. Article 42 The disqualification of a deputy to a people’s congress at or above the county level shall be reported by the credential committee The disqualification of a deputy to the people’s congress of a township, nationality township or town shall be reported by CHAPTER VI SUPPLEMENTARY PROVISIONS Article 43 The people’s congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing Article 44 This Law shall enter into force as of the date of promulgation.
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