Jonah Patel
The Constitution of the People's Republic of China was first adopted in 1982 and has since been amended five times, with the latest revision in 2018. The process of amending the Chinese Constitution involves three steps, with the National People's Congress (NPC) and its Standing Committee playing a central role. Amendments must be proposed by the NPC Standing Committee or at least one-fifth of NPC deputies and then adopted by a vote of at least two-thirds of NPC deputies. The Chinese Constitution is the fundamental law of the state, and any changes to it have significant implications for the country's political system and the balance of power.
| Characteristics | Values |
|---|---|
| Frequency of Amendments | Every five years |
| Bodies responsible for Amendments | National People's Congress Standing Committee or one-fifth or more of National People's Congress deputies |
| Voting Percentage for Amendments | Two-thirds majority |
| Voting Percentage for Laws and Proposals | Majority vote |
| Body with the power to recall or remove from office | National People's Congress |
| People's Congress Composition | Elected members from the county level up to the National level |
| People's Congress Decision-Making Power | Executive organs of the state and the CPC |
| Highest Executive Organ | State Council |
| Composition of the Standing Committee | Appropriate number of ethnic minority deputies, elected members of the National People's Congress |
| Leadership | Communist Party of China |
| Type of Government | People's democratic dictatorship led by the working class and based on an alliance of workers and peasants |
| System | Socialist |
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What You'll Learn
- Amendments must be proposed by the National People's Congress Standing Committee or by one-fifth of deputies
- Proposed amendments must be adopted by a vote of at least two-thirds of National People's Congress deputies
- The National People's Congress has the power to remove the President, Vice-President, Premier, Vice-Premiers, and more
- The National People's Congress also elects members of the Standing Committee
- The Standing Committee exercises legislative power, including the power to amend statutes
Amendments must be proposed by the National People's Congress Standing Committee or by one-fifth of deputies
The Constitution of the People's Republic of China was first adopted in 1982 and has since undergone several amendments. As the fundamental law of the state, it holds supreme legal authority. All state organs, the armed forces, all political parties and public organisations, and all enterprises and undertakings in the country must treat the Constitution as the basic norm of conduct.
Amendments to the Constitution must be proposed by the National People's Congress Standing Committee (NPCSC) or by one-fifth or more of National People's Congress deputies. The National People's Congress is elected by Chinese citizens who are 18 or older. The elected members choose representatives for higher levels of the Congress. The deputies of the National People's Congress hold the power to elect the members of the National People's Congress Standing Committee.
The National People's Congress Standing Committee is composed of the following personnel: the Chairman, Vice-Chairmen, Secretary-General, and other members. There should be an appropriate number of ethnic minority deputies who sit as members on the National People's Congress Standing Committee. Members of the National People's Congress Standing Committee shall not hold office in an administrative, supervisory, adjudicatory, or procuratorial organ of the state.
Once proposed by the National People's Congress Standing Committee or one-fifth or more of the deputies, the amendment must be adopted by a vote of at least two-thirds of the National People's Congress deputies. This process is outlined in Article 64 of the Constitution.
The most recent amendment to the Constitution was in 2018, which repealed presidential term limits and strengthened Xi Jinping's rule.
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Proposed amendments must be adopted by a vote of at least two-thirds of National People's Congress deputies
The Constitution of the People's Republic of China is the fundamental law of the state and has supreme legal authority. All state organs, the armed forces, all political parties and public organisations, and all enterprises and undertakings in the country must treat the Constitution as the basic norm of conduct.
Amendments to the Constitution must be proposed by the National People's Congress (NPC) Standing Committee or by one-fifth or more of National People's Congress deputies. The NPC is elected by Chinese citizens who are 18 or older and exercise direct popular suffrage. The elected county members choose representatives for higher levels of the Congress.
For a proposed amendment to be adopted, it must be approved by a vote of at least two-thirds of NPC deputies. This is a key step in the constitutional amendment process, which also includes the proposal of the amendment and the enactment of the amendment.
The Constitution of the People's Republic of China was adopted in 1982 and has since been amended five times, in 1988, 1993, 1999, 2004, and 2018. The 2018 amendment, also known as the "Xi Jinping Constitution", included a repeal of presidential term limits and a strengthening of the role of the Communist Party of China in the Constitution.
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The National People's Congress has the power to remove the President, Vice-President, Premier, Vice-Premiers, and more
The National People's Congress (NPC) is deeply embedded in the governance of China, and it plays a crucial role in amending the Chinese Constitution. According to Article 64 of the Constitution, amendments must be proposed by the NPC Standing Committee or by at least one-fifth of the NPC deputies. These amendments are then subject to a vote, requiring a two-thirds majority for adoption.
The NPC also holds significant power over the removal and appointment of key government officials. The Constitution grants the NPC the authority to elect and remove members of the NPC Standing Committee from office. While the Constitution does not explicitly mention the removal of the President, Vice-President, Premier, or Vice-Premiers, it can be inferred that the NPC's power to elect and remove members of the Standing Committee extends to these positions as well.
The NPC's role in removing high-ranking officials is further supported by the fact that it shares legislative power with the Standing Committee, which includes the power to enact and amend statutes. This legislative power provides the NPC with the means to initiate and facilitate the removal process for these top government positions.
Additionally, the NPC's influence is evident in the election and removal of the President and Vice-President. While the Constitution does not explicitly mention impeachment, it grants the NPC extensive decision-making authority, which likely includes the power to initiate impeachment proceedings against the President and Vice-President for treason, bribery, or other high crimes and misdemeanors.
The NPC's role in the removal of the Premier and Vice-Premiers is also significant. The Constitution establishes that the NPC has the power to appoint state councilors, vice-premiers, and secretaries-general. By extension, it can be inferred that the NPC also holds the power to remove these officials from office.
In conclusion, while the Chinese Constitution does not explicitly state that the National People's Congress has the power to remove the President, Vice-President, Premier, and Vice-Premiers, the NPC's extensive legislative authority, its role in amending the Constitution, and its power to elect and remove members of the NPC Standing Committee strongly suggest that it possesses this authority. The NPC's influence in the governance of China and its ability to shape the country's highest executive organ further reinforce its capacity to remove these top government officials.
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The National People's Congress also elects members of the Standing Committee
The National People's Congress (NPC) is the highest legislative body in China, with legislative power extending to the enacting and amending of statutes. The NPC is composed of elected representatives from across the country, with Chinese citizens over the age of 18 electing members of the People's Congress up to the county level. The elected county members then choose representatives for the higher levels of the Congress.
The NPC plays a crucial role in the process of amending the Chinese Constitution. According to Article 64 of the Constitution, any amendment to the Constitution must be proposed by the NPC Standing Committee or by at least one-fifth of the NPC deputies. The proposed amendment must then be put to a vote, requiring a supermajority of at least two-thirds of the NPC deputies to be adopted.
The NPC also holds the power to elect the members of the NPC Standing Committee, which is a key body in the legislative process. The Standing Committee is responsible for proposing constitutional amendments, and it exercises significant power in day-to-day decision-making and legislative work. The NPC has the authority to remove members of the Standing Committee from office, ensuring accountability and responsiveness to the will of the people.
The NPC Standing Committee is composed of various personnel, including the Chairman, Vice-Chairpersons, and a number of ethnic minority deputies to represent China's diverse population. The specific composition of the Standing Committee may vary, but it is designed to reflect the different regions and interests within China.
The process of electing members to the NPC Standing Committee is a critical aspect of China's constitutional framework. It ensures that the Standing Committee, which possesses significant legislative power, is ultimately accountable to the NPC and, by extension, the Chinese people. This mechanism helps maintain a balance of powers and provides a degree of checks and balances within the system.
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The Standing Committee exercises legislative power, including the power to amend statutes
The Standing Committee of the National People's Congress (NPCSC) is the permanent organ of the National People's Congress (NPC), China's national legislature. The NPC and its Standing Committee jointly exercise legislative power. The NPC is the sole organ that exercises the legislative power of the state, but it meets only once a year for two weeks. This leaves the Standing Committee as the only organ that regularly drafts and approves decisions and laws. The Standing Committee has its own legislative process, and its bills do not need to pass in the NPC plenary sessions.
The Standing Committee's legislative functions include drafting and revising laws except those to be enacted only by the full congress of the NPC. It also partially supplements and amends, when the NPC is not in session, laws enacted by the NPC, provided that the basic principles of these laws are not contravened. The NPC has the power to revoke "inappropriate decisions" made by the Standing Committee, but this power has never been used. As a result, the NPC Standing Committee often has a greater say in legislative deliberations.
The Standing Committee's legislative process includes a transparency requirement, mandating that all draft laws and amendments to laws under its consideration be made public for a period of no less than 30 days to solicit public opinions. After a bill is passed by a majority vote in the Standing Committee, the President signs and promulgates the law by an Order of the President. The President does not have a veto or discretion in signing once a law has been passed by the NPC or its Standing Committee.
Amendments to the Constitution must be proposed by the NPC Standing Committee or by one-fifth or more of NPC deputies and be adopted by a vote of at least two-thirds of NPC deputies.
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Frequently asked questions
Amendments to the Chinese Constitution must be proposed by the National People's Congress Standing Committee or by one-fifth or more of National People's Congress deputies.
Proposed amendments must be adopted by a vote of at least two-thirds of National People's Congress deputies.
The National People's Congress is the highest legislative organ in China and has the power to recall or remove from office the President, Vice-President, Premier, Vice-Premiers, State Councilors, Ministers, Chairman of the Central Military Commission, Supreme Court Judge, and Attorney General.
Amendments to the Chinese Constitution must be adopted by a majority vote of more than two-thirds of National People's Congress deputies.
