On the morning of March 5, the second session of the 14th National People’s Congress (NPC) opened, with one of the items on the agenda being the review of the proposal for the “Organizational Law of the State Council of the People’s Republic of China (Revised Draft)”.
This revision is to implement the spirit of deepening the reform of the Party and state institutions in a legal form.
At 9:00 a.m. on March 5, the opening ceremony of the second session of the 14th NPC was held in the Great Hall of the People.
One of the items on the agenda of this session is the review of the proposal for the “Organizational Law of the State Council of the People’s Republic of China (Revised Draft)”.
This law has attracted considerable attention from outside.
The Organizational Law of the State Council is the basic law regarding the organizational system and working system of the State Council.
At 12:00 on March 4, a press conference for the second session of the 14th NPC was held in the press conference hall of the Great Hall of the People, where spokesperson Lou Qinjian stated:
The 20th National Congress of the Communist Party of China (CPC) made a key deployment for transforming government functions and accelerating the construction of a government ruled by law, with clear requirements set forth. Based on a serious summary of practical experience, the seventh session of the Standing Committee of the 14th NPC decided to submit the revised draft of the Organizational Law of the State Council for deliberation at this session.
Lou Qinjian mentioned that, overall, this revision is to implement the spirit of deepening the reform of the Party and state institutions in a legal form. The main contents of the revision include four aspects:
1. Clarifying the nature and status of the State Council and the guiding ideology of its work;
2. Improving the relevant provisions on the formation and duties of the State Council;
3. Improving the State Council meeting system;
4. Adding measures for the State Council to perform its duties comprehensively and correctly according to law.
In December 1982, the fifth session of the fifth NPC passed the current Constitution as well as the current Organizational Law of the State Council.
After more than 40 years of implementation, the Organizational Law of the State Council had not been amended.
Previously, the draft amendment to the Organizational Law of the State Council had been deliberated twice.
On October 20, 2023, the draft amendment to the Organizational Law of the State Council was submitted for deliberation at the sixth session of the Standing Committee of the 14th NPC, which was the first amendment to the Organizational Law of the State Council since its implementation.
In December 2023, the second deliberation of the draft amendment to the Organizational Law of the State Council took place.
In October 2023, Shen Chunyao, the director of the Legal Affairs Committee of the NPC Standing Committee, mentioned that this amendment “implements the major decisions and arrangements of the CPC Central Committee, taking the upholding of the Central Committee’s authority and its centralized and unified leadership as the highest political principle throughout the entire process of revising the law and in all aspects.”
On October 21, 2023, the “People’s Daily” reported that the draft amendment further clarifies the responsibilities of the vice premiers and state councilors.
The current Organizational Law of the State Council sets out the duties of state councilors, and the draft amendment accordingly increases the responsibilities of the vice premiers, uniformly stipulating: the vice premiers and state councilors assist the premier’s work, and are responsible for the work of their respective divisions; when entrusted by the premier, take care of other aspects of work or special tasks; according to unified arrangements, represent the State Council in foreign affairs activities. The draft amendment adds a provision that the governor of the People’s Bank of China is included among the members of the State Council. The heads of the State Council departments are uniformly referred to as “minister (director, governor, auditor-general)”, and deputy heads of departments are uniformly referred to as “vice-minister (vice-director, vice-governor, vice auditor-general)”.
The State Council’s plenary meetings and executive meetings are important organizational forms and working systems that adhere to the leadership of the Chinese Communist Party, implement the principle of democratic centralism, and adapt to the characteristics of the State Council’s work. The current State Council Organization Law does not specify the main tasks of the meetings nor the matters to be discussed and decided.
The draft revision has added four provisions:
The main task of the State Council’s plenary meetings is to discuss and decide on major issues in the work of the State Council, such as the government work report, the national economic and social development plan, and to arrange important work of the State Council;
The main task of the State Council’s executive meetings is to discuss legal drafts, review administrative regulation drafts, and discuss, decide, and announce important matters in the work of the State Council;
Items discussed and decided by the State Council’s plenary meetings and executive meetings should be made public promptly, unless required to be kept confidential by law;
The State Council convenes the Premier’s office meetings and special-topic meetings as needed.
According to a report by the People’s Daily on December 26, 2023, the draft revision has stipulated the procedures for the establishment, dissolution, or merger of the various ministries and commissions of the State Council.
Some Standing Committee members and relevant central departments have suggested summarizing the practical experience of previous State Council institutional reforms and improving the announcement procedures after the determination or adjustment of the various ministries and commissions of the State Council.
The Constitution and Law Committee, upon study, proposed to add a provision: “After being determined or adjusted, the various ministries and commissions of the State Council shall be announced by the National People’s Congress or its Standing Committee.”
The second draft clearly states that the establishment, dissolution, or merger of the various ministries and commissions of the State Council is proposed by the Premier and decided by the National People’s Congress; during the recess of the National People’s Congress, by its Standing Committee. After the determination or adjustment of the various ministries and commissions of the State Council, they shall be announced by the National People’s Congress or its Standing Committee.
The Constitution and Law Committee, after study, believes that the State Council Organization Law is an important basic law to implement and carry out the constitutional system and specify the organizational system and working system of the State Council; revising the State Council Organization Law by the National People’s Congress is necessary and appropriate according to the relevant provisions of the Constitution and the Legislation Law.
Sources | Xinhua News Agency, People’s Network, CCTV, etc.
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