China's Constitution has defined, in principle, the legislative power of the
National People's Congress (NPC) and its Standing Committee. According to the
Constitution, the NPC exercises the following legislative powers:
-- To amend the Constitution;
In China, amendments to the Constitution are to be proposed by the Standing
Committee of the NPC or by more than one-fifth of all deputies to the NPC and
adopted by a majority vote of more than two-thirds of all the deputies.
-- To enact and amend basic statutes concerning criminal offenses and civil
affairs;
-- To enact and amend statutes concerning State organs, which generally refer
to various kinds of organizational laws;
-- To enact and amend basic statutes concerning other matters, such as laws
on election, nationality and marriage;
The NPC Standing Committee has been given legislative power to meet the
objective requirements of the country's reform, opening and modernization drive.
The NPC Standing Committee exercises the following powers:
-- To enact and amend statutes with the exception of those which should be
enacted by the NPC;
-- To enact, when the NPC is not in session, partial supplements and
amendments to statutes enacted by the NPC provided that they do not contravene
the basic principles of these statutes;
-- To interpret the Constitution and statutes;
-- To annul administrative rules and regulations, decisions and orders of the
State Council that contravene the Constitution or the statutes;
-- To annul local regulations or decisions of the organs of state power of
provinces, autonomous regions and centrally-administered municipalities that
contravene the Construction, the statutes or the administrative rules and
regulations.