Law of the People's Republic of China on Legislation - 2000
(Adopted by the 3rd Session of the Ninth National People's Congress on
March 15, 2000, promulgated by Order No.31 of the President of the
People's Republic of China on March 15, 2000, and effective from July 1,
2000.)
Contents
Chapter I General Provisions
Chapter II Law
Section 1 Authority of Legislation
Section 2 Procedure of Legislation of the National People's Congress
Section 3 Procedure of Legislation of the Standing Committee of the
National People's Congress
Section 4 Interpretation of Law
Section 5 Miscellaneous Provisions
Chapter III Administrative Regulations
Chapter IV Local Regulations, Autonomy Regulation, Separate Regulation and
Rules
Section 1 Local Regulations, Autonomy Regulation and Separate Regulation
Section 2 Rules
Chapter V Application and for the Record
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of regulating activities of legislation, perfecting the
State's system of legislation, establishing and improving the socialist
legal system with Chinese characteristics, safeguarding and developing the
socialist democracy, promoting the ruling of the country by law and
constructing the socialist state of rule by law and in accordance with the
Constitution, this Law is enacted.
Article 2
This Law is applicable to the making, amendment and repeal of laws,
administrative regulations, local regulations, autonomy regulation and
separate regulation.
The making, amendment and repeal of rules of the State Council's
departments and of local governments are governed by the relevant
provisions of this Law.
Article 3
Legislation shall follow the basic principles of the Constitution, be
centered around the economic construction, and uphold the socialist road,
the people`s regime, the leadership of the Communist Party of China,
Marxism, Leninism, Mao Zedong Thought and Deng Xiaoping Theory and the
reform and opening up.
Article 4
Legislation shall conform to the authority and procedure set forth by law,
give full consideration to the national overall interests and safeguard
the unity and dignity of the socialist legal system.
Article 5
Legislation shall reflect the will of the people, carry on the socialist
democracy and ensure the people to take part in activities of legislation
through various channels.
Article 6
Legislation shall be based on reality in defining the rights and
obligations of citizens, legal persons and other organizations and the
powers and duties of state organs scientifically and reasonably.
Chapter II Law
Section 1 Authority of Legislation
Article 7
The National People's Congress and the Standing Committee of the National
People's Congress exercise the state authority of legislation.
The National People's Congress enacts and amends basic criminal, civil and
state structure laws and other basic laws.
The Standing Committee of the National People's Congress enacts and amends
laws other than those that shall be enacted by the National People's
Congress; and makes partial supplement and amendment to laws enacted by
the National People's Congress when the National People's Congress is not
in the session, however, such supplement and amendment may not contradict
the basic principles of laws concerned.
Article 8
The following matters have no alternative but to enact laws:
1. matters concerning state sovereignty;
2. the formation, organization, functions and powers of people's
congresses, people's governments, people's courts and people's
procuratorates at various levels;
3. the national regional autonomy system, special administrative region
system and grass-roots mass autonomy system;
4. crimes and punishments;
5. compulsory measures and penalties such as deprivation of citizens'
political rights and restrictions on personal freedom;
6. acquisition of non-state-owned property;
7. the basic civil system;
8. basic economic system and basic systems on finance, taxation, customs,
banking and foreign trade;
9. procedural and arbitral systems; and
10. other matters on which the National People's Congress and its Standing
Committee must enact laws.
Article 9
If no law has been enacted on a matter set forth in Article 8 of this Law,
the National People's Congress and its Standing Committee are entitled to
make the decision to authorize that the State Council may, according to
the actual needs, formulate the administrative regulations first, except
for the matters concerning crimes and punishments, compulsory measures and
penalties such as deprivation of citizens' political rights and
restrictions on personal freedom and judicial system.
Article 10
The decision of such an authorization shall define the purpose and scope
of authorization.
The organ being authorized shall exercise the authority strictly according
to the purpose and scope of authorization.
The organ being authorized may not transfer the authority to any other
organ.
Article 11
When the conditions are ripe, as proven by practices, for enacting a law
on an authorized legislative matter, the National People's Congress and
its Standing Committee enact a law thereon timely. When such a law is
enacted, the authorization for the said legislative matter is terminated.
Section 2 Procedure of Legislation of the National People's Congress
Article 12
The presidium of the National People's Congress may propose bills of law
to the National People's Congress for deliberation by the session of the
National People's Congress.
The Standing Committee of the National People's Congress, the State
Council, the Central Military Commission, the Supreme People's Court, the
Supreme People's Procuratorate and all special committees of the National
People's Congress may submit bills of law to the National People's
Congress, and the presidium decides to place them on the agenda of
session.
Article 13
Every delegation or more than 30 delegates jointly may submit bills of law
to the National People's Congress, and the presidium decides whether or
not to place them on the agenda of session or first, transfers them to the
special committees concerned for deliberation and production of their
opinions on whether or not to place them on the agenda of session and
then, decides whether or not to place them on the agenda of sessions.
In deliberating, special committees may invite bill sponsors to sit in the
meeting and to express their opinions.
Article 14
If a bill of law is to be submitted to the National People's Congress, it
may be submitted first to the Standing Committee within the period that
the National People's Congress is not in session and after being
deliberated by the meeting of the Standing Committee pursuant to the
relevant procedure laid down in Section 3 of Chapter II of this Law, the
Standing Committee decides to submit it to the National People's Congress
for deliberation and makes explanations to the plenary session of the
Congress or the bill sponsor makes explanations to the plenary session of
the Congress.
Article 15
If the Standing Committee decides to submit a bill of law to the session
of the National People's Congress for deliberation, the draft bill shall
be distributed among delegates one month prior to the session.
Article 16
If a bill of law is placed on the agenda of the session of the National
People's Congress, it is deliberated by all delegations after the
explanations of the bill sponsor are heard by the plenary session of the
Congress.
At the time when the delegations deliberate the bill of law, the bill
sponsor shall send people to hear opinions and answer inquiries.
At the time when the delegations deliberate the bill of law, relevant
organs and organizations shall, at the demand of the delegations, send
people to introduce the situation.
Article 17
If a bill of law is placed on the agenda of the session of the National
People's Congress, it is deliberated by the special committee concerned
which reports its deliberative opinions to the presidium and prints and
submits them to the session.
Article 18
If a bill of law is placed on the agenda of the session of the National
People's Congress, the Law Committee deliberates it in a unified way
according to the deliberative opinions of all delegations and the special
committee concerned, submits its report of deliberative results and the
revised version of the draft bill to the presidium and makes explanations
on substantially different opinions in its report of deliberative results,
which, after being deliberated and endorsed by the meeting of the
presidium, are printed and submitted to the session.
Article 19
If a bill of law is placed on the agenda of the session of the National
People's Congress, the executive chairman of the presidium may, when
necessary, call the meeting of all delegation heads to hear deliberative
opinions of all delegations on major issues of the bill of law and to make
discussions and reports the discussions and opinions to the presidium.
The executive chairman of the presidium may also call the meeting of
appropriate delegates from the delegations to discuss the important
special issues in the bill of law and reports the discussions and opinions
to the presidium.
Article 20
If a bill of law is placed on the agenda of the session of the National
People's Congress, the bill sponsor requesting to withdraw the bill of law
prior to voting shall give the reasons and upon consent by the presidium
and reporting to the Congress, the deliberation on the said bill of law is
terminated immediately.
Article 21
If an important issue relating to a bill of law requires for further
study, the plenary session of the Congress may, upon suggestion by the
presidium, decides to authorize the Standing Committee to make further
deliberation according to the opinions of the delegates and to make a
decision, and reports the decision to the next session of the National
People's Congress; or may also decides to authorize the Standing Committee
to make further deliberation according to the opinions of the delegates
and to produce a revision plan and submits it to the next session of the
National People's Congress for deliberation and decision.
Article 22
After the revised version of a draft bill is deliberated by all
delegations, the Law Committee revises it according to the deliberative
opinions of all delegations and produces a version of the draft bill for
voting, the presidium submits it to the plenary session of the Congress
for voting, and the bill of law is adopted if more than half of delegates
vote in favor.
Article 23
If a law is adopted by the National People's Congress, the president of
the State signs an order of president to promulgate it.
Section 3 Procedure of Legislation of the Standing Committee of the
National People's Congress
Article 24
The chairman's meeting may propose bills of law to the Standing Committee
for deliberation by the meeting of the Standing Committee.
The State Council, the Central Military Commission, the Supreme People's
Court, the Supreme People's Procuratorate and all special committees of
the National People's Congress may submit bills of law to the Standing
Committee, and the chairman's meeting decides to place them on the agenda
of the meeting of the Standing Committee or first, sends them to the
special committees concerned for deliberation and production of a report,
and then decides to place them on the agenda of the meeting of the
Standing Committee. The chairman's meeting may, if considering that a bill
of law has major issues for further study, recommend the bill sponsor to
revise and perfect it and then submit it to the Standing Committee.
Article 25
More than 10 members of the Standing Committee jointly may submit bills of
law to the Standing Committee, and the chairman's meeting decides whether
or not to place them on the agenda of the meeting of the Standing
Committee or first, sends them to the special committees concerned for
deliberation and production of opinions whether or not to place them on
the agenda of the meeting, and then decides whether or not to place them
on the agenda of the meeting of the Standing Committee. If a bill of law
is not placed on the agenda of the meeting of the Standing Committee, it
shall be reported to the meeting of the Standing Committee or explained to
the bill sponsor.
At the time of deliberating, special committees may invite the bill
sponsors to sit in the meeting and to express their opinions.
Article 26
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, the draft bill shall be distributed among all members of the
Standing Committee seven days prior to the meeting, except for special
circumstances.
Article 27
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, it shall be deliberated by the meeting of the Standing
Committee normally for three times prior to submission of it for voting.
When the meeting of the Standing Committee deliberates a bill of law for
the first time, the plenary meeting hears the explanations of the bill
sponsor and the group meeting makes the preliminary deliberation.
When the meeting of the Standing Committee deliberates a bill of law for
the second time, the plenary meeting hears the report of the Law Committee
on revisions to the draft bill and major issues and the group meeting
makes the further deliberation.
When the meeting of the Standing Committee deliberates a law of bill for
the third time, the plenary meeting hears the report of the Law Committee
on the deliberative results of the draft bill and the group meeting
deliberates the revised version of the draft bill.
In deliberating the bill of law, the Standing Committee may, according to
the needs, convene the joint meeting or the plenary meeting for the
discussion on major issues in the draft bill.
Article 28
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, it may, when the opinions of different circles are
comparatively identical, be submitted for voting after being deliberated
by the meeting of the Standing Committee for two times; and if a bill of
law is partly revised, it may, when the opinions of different circles are
comparatively identical, be submitted for voting after being deliberated
by the meeting of the Standing Committee for one time.
Article 29
At the time when the group meeting of the Standing Committee deliberates
the bill of law, the bill sponsor shall send people to hear the opinions
and to answer inquiries.
At the time when the group meeting of the Standing Committee deliberates
the bill of law, relevant organs and organizations shall, according to the
demand of the groups, send people to introduce the situation.
Article 30
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, the special committee concerned deliberates it and produces its
deliberative opinions which are printed and submitted to the meeting of
the Standing Committee.
At the time of deliberating the bill of law, the special committee
concerned may invite the members of other special committees to sit in the
meeting and to express their opinions.
Article 31
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, the Law Committee deliberates it in a unified way according to
the deliberative opinions of members of the Standing Committee and the
special committee concerned and the opinions of different circles,
produces the report on revisions or the report of deliberative results and
the revised version of the draft bill and gives explanations on important
different opinions in the report on revisions or the report of
deliberative results. If important deliberative opinions of the special
committee concerned are not adopted, it shall feed the situation back to
the special committee concerned.
At the time of deliberating the bill of law, the Law Committee may invite
the members of the special committee concerned to sit in the meeting and
to express their opinions.
Article 32
In deliberating the bill of law, the special committee shall convene the
plenary meeting for deliberation and according to the needs, may demand
the relevant organs and organizations to send relevant responsible persons
for explanations.
Article 33
If the special committees have different opinions on the important issues
in a draft bill, they shall report the situation to the chairman's
meeting.
Article 34
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, the Law Committee, the special committee concerned and the
working bodies of the Standing Committee shall solicit the opinions from
all circles. The solicitation of opinions may be conducted in such forms
as the discussion meeting, seminar or hearing.
The working bodies of the Standing Committee shall send the draft bill to
the relevant organs, organizations and experts to solicit their opinions,
and submit the opinions, after sorting and compiling, to the Law Committee
and the special committee concerned, and according to the needs, print and
submit them to the meeting of the Standing Committee.
Article 35
If an important bill of law is placed on the agenda of the meeting of the
Standing Committee, the chairman's meeting may decide to publish the draft
bill for the solicitation of opinions. The opinions raised by all organs,
organizations and citizens are sent to the working bodies of the Standing
Committee.
Article 36
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, the working bodies of the Standing Committee shall gather and
sort the opinions of group deliberation, the opinions raised by all
circles and other relevant materials, submit them to the Law Committee and
the special committee concerned respectively and according to the needs,
print and submit them to the meeting of the Standing Committee.
Article 37
If a bill of law is placed on the agenda of the meeting of the Standing
Committee, the bill sponsor requesting to withdraw it prior to voting
shall give the reasons and upon consent by the chairman's meeting and
reporting it to the Standing Committee, the deliberation on the said bill
of law is terminated immediately.
Article 38
If, after being deliberated by the meeting of the Standing Committee for
three times, a bill of law still has major issues for further study, it is
proposed by the chairman's meeting and with consent of the joint meeting
or the plenary meeting, the said bill of law is not submitted for voting
temporarily and is sent to the Law Committee and the special committee
concerned for further deliberation.
Article 39
If a bill of law which is placed on the deliberation by the meeting of the
Standing Committee is suspended for deliberation for up to two years
because of big differences among all circles on major issues such as the
necessity or feasibility for enacting such a law or is not placed again on
the agenda of the meeting of the Standing Committee for up to two years
because of no submission of it for voting temporarily, the chairman's
meeting reports it to the Standing Committee and the deliberation on the
said bill of law is terminated.
Article 40
After the revised version of a draft bill is deliberated by the meeting of
the Standing Committee, the Law Committee revises it according to the
deliberative opinions of the members of the Standing Committee and
produces a version of the draft bill for voting, the chairman's meeting
submits it to the plenary meeting of the Standing Committee for voting,
and the bill of law is adopted if more than half of the members of the
Standing Committee vote in favor.
Article 41
If a law is adopted by the Standing Committee, the president of the State
signs an order of president to promulgate it.
Section 4 Interpretation of Law
Article 42
The right to interpret laws is vested in the Standing Committee of the
National People's Congress.
Under any of the following circumstances, a law is interpreted by the
Standing Committee of the National People's Congress:
1. The provisions of the law require for further clear and concrete
definition; and
2. It is necessary to specify the applicable basis of law due to new
situations after the law is enacted.
Article 43
The State Council, the Central Military Commission, the Supreme People's
Court, the Supreme People's Procuratorate and all special committees of
the National People's Congress as well as the standing committees of the
people's congresses of provinces, autonomous regions and municipalities
directly under the Central Government may request the Standing Committee
of the National People's Congress to make the interpretation of law.
Article 44
The working bodies of the Standing Committee study and work out draft
interpretations of law and the chairman's meeting decides to place them on
the agenda of the meeting of the Standing Committee.
Article 45
After a draft interpretation of law is deliberated by the meeting of the
Standing Committee, the Law Committee deliberates and revises it according
to the deliberative opinions of the members of the Standing Committee and
produces a draft interpretation of law for voting.
Article 46
The draft interpretation of law for voting is adopted when more than half
of the members of the Standing Committee vote in favor, and promulgated by
the proclamation of the Standing Committee.
Article 47
The interpretation of law made by the Standing Committee of the National
People's Congress has the equal force as the law.
Section 5 Miscellaneous Provisions
Article 48
When a bill of law is proposed, the draft bill and its explanations shall
be put forward and necessary materials shall be submitted simultaneously.
The explanations of the draft bill shall contain the necessity of the said
law and its main contents.
Article 49
If a bill of law is proposed to the National People's Congress or its
Standing Committee, the bill sponsor has the right to withdraw it prior to
its placement on the agenda of session or meeting.
Article 50
If a bill of law submitted to the plenary session of the National People's
Congress or the plenary meeting of the Standing Committee for voting is
not adopted, the bill sponsor may, if believing that the said law should
be enacted, propose the bill of law again according to the procedure set
forth by law, and the presidium or the chairman's meeting decides whether
or not to place it on the agenda of session or meeting; and if a bill of
law is not adopted by the National People's Congress, it shall be
submitted to the National People's Congress for deliberation and decision.
Article 51
A law shall explicitly set the date of its entry into force.
Article 52
The order of the president signed for promulgating a law shall contain the
organ that enacts the law and the dates of adoption and entry into force.
After a law is signed for promulgation, it shall be published in the
bulletin of the Standing Committee of the National People's Congress and
the newspapers distributed nationwide without delay.
The version of a law published in the bulletin of the Standing Committee
is its standard version.
Article 53
The relevant provisions of this Chapter are applicable to the procedures
for amendment and repeal of laws.
If some articles of a law are amended or repealed, its amended version
must be promulgated again.
Article 54
According to the needs of contents, a law may be divided into volumes,
chapters, sections, articles, paragraphs, sub-paragraphs and items.
The order number of volume, chapter, section or article is indicated in
Chinese numerals, every paragraph is not numbered, the order number of
sub-paragraph is indicated in Chinese numerals placed in brackets, and the
order number of item is indicated in Arabic numerals.
The note to the title of a law shall contain the organ that enacts the law
and the date of adoption.
Article 55
The working bodies of the Standing Committee of the National People's
Congress may study and give written replies on legal inquiries relating to
some specific issues, and report them to the Standing Committee for the
record.
Chapter III Administrative Regulations
Article 56
The State Council formulates administrative regulations in accordance with
the Constitution and laws.
Administrative regulations may lay down the provisions for the following
matters:
1. Matters on which the formulation of administrative regulations is
required for the purpose of implementing the provisions of laws; and
2. Matters relating to the administrative powers of the State Council set
forth in Article 89 of the Constitution.
If a matter for which the National People's Congress or its Standing
Committee shall enact a law, the State Council may formulate
administrative regulations first upon the decision of authorization by the
National People's Congress or its Standing Committee, and when the
conditions for enacting a law on it are ripe as being proven in practice,
the State Council shall timely request the National People's Congress or
its Standing Committee to enact the law thereon.
Article 57
Drafts of administrative regulations are organized by the State Council.
If a relevant department of the State Council considers it necessary for
formulating administrative regulations, it shall report and apply to the
State Council for filing the legislative project.
Article 58
In the course of drafting administrative regulations, the opinions from
relevant organs, organizations and citizens shall be solicited
extensively. The solicitation of opinions may be conducted in such forms
as discussion meeting, seminar and hearings.
Article 59
After the drafting work of administrative regulations is finished, the
drafting unit shall submit the draft and its explanations, major different
opinions of all circles on the draft and other relevant materials to the
legislative organ of the State Council for examination.
The legislative organ of the State Council shall submit an examination
report and a revised version of the draft to the State Council, and the
examination report shall give explanations on major issues of the draft.
Article 60
The procedure for approving administrative regulations are governed by the
relevant provisions of the Organic Law of the State Council of the
People's Republic of China.
Article 61
Administrative regulations are promulgated by the decrees of the State
Council signed by the premier.
Article 62
After administrative regulations are signed and promulgated, they are
published in the bulletin of the State Council and the newspapers
distributed nationwide without delay.
The version of administrative regulations published in the bulletin of the
State Council is the standard version.
Chapter IV Local Regulations, Autonomy Regulation, Separate Regulation and
Rules
Section 1 Local Regulations, Autonomy Regulation and Separate Regulation
Article 63
Under the pretext of not contradicting the Constitution, laws and
administrative regulations, the people's congresses and their standing
committees of provinces, autonomous regions and municipalities directly
under the Central Government may formulate local regulations in accordance
with the specific conditions and actual needs of their respective
administrative areas.
Under the pretext of not contradicting the Constitution, laws and
administrative regulations as well as local regulations of their own
provinces and autonomous regions, the people's congresses and their
standing committees of larger cities may formulate local regulations in
accordance with the specific conditions and actual needs of the cities,
and report them to the standing committees of the people's congresses of
provinces and autonomous regions for approval before their entry into
force. The standing committees of the people's congresses of provinces and
autonomous regions shall examine the legality of local regulations being
reported for approval, and shall approve them within the period of four
months if they do not contradict the Constitution, laws, administrative
regulations and local regulations of provinces and autonomous regions.
In examining local regulations reported by the larger city for approval,
the standing committee of the people's congress of the province or
autonomous region shall, if finding that they contradict the rules of the
people's government of the province or autonomous region, makes a decision
to deal therewith.
Large city as the term is used in this Law means a city where the people's
government of a province or an autonomous region is located, a city where
a special economic zone is located or a larger city approved by the State
Council.
Article 64
Local regulations may lay down the provisions for the following matters:
1. Matters on which the specific provisions are required in accordance
with the actual conditions of the administrative areas for the purpose of
implementing the provisions of laws and administrative regulations; and
2. Matters of local affairs on which local regulations are required.
In respect to the matters other than those specified in Article 8 of this
Law on which the State has not yet enacted laws or formulated
administrative regulations, provinces, autonomous regions, municipalities
directly under the Central Government and larger cities may formulate
local regulations thereon first in accordance with the specific conditions
and actual needs of the localities. After the entry into force of laws or
administrative regulations enacted or formulated by the State, the
provisions of local regulations that contradict laws or administrative
regulations are invalid and the organs that formulate them shall amend or
repeal them without delay.
Article 65
The people's congresses and their standing committees of provinces and
cities where the economic special economic zones are located formulate
regulations in accordance with the decision of authorization by the
National People's Congress and operate them within the limits of special
economic zones.
Article 66
The people's congresses of national autonomous areas are entitled to
formulate the autonomy regulation and separate regulation according to the
local national political, economic and culture characteristics. The
autonomy regulation and separate regulation formulated by autonomous
regions are, reported to the Standing Committee of the National People's
Congress for approval before their entry into force. The autonomy
regulation and separate regulation formulated by autonomous prefectures
and autonomous counties are reported to the standing committees of the
people's congresses of provinces, autonomous regions and municipalities
directly under the Central Government for approval before their entry into
force.
The autonomy regulation and separate regulation may lay down the adaptive
provisions for the provisions of laws and administrative regulations in
accordance with the local national characteristics, however, such adaptive
provisions may not contradict the basic principles of laws and
administrative regulations, and may not lay down the adaptive provisions
for the provisions of the Constitution and laws on regional national
autonomy as well as the provisions of other relevant laws and
administrative regulations exclusively on national autonomy areas.
Article 67
Local regulations on special important matters of the administrative areas
shall be adopted by the people's congresses.
Article 68
The procedures of submission, deliberation and voting for bills of local
regulations, autonomy regulation and separate regulation are laid down by
the people's congresses at the same level in accordance with the organic
laws of local people's congresses at various levels and local people's
governments at various levels and with reference to the provisions of
Sections 2, 3 and 5 of Chapter II of this Law.
The organs responsible for unified deliberation produce the reports of
deliberative results and revised versions of the drafts of local
regulations.
Article 69
Local regulations formulated by the people's congresses of provinces,
autonomous regions and municipalities directly under the Central
Government are promulgated by the proclamations of the presidiums of the
congresses.
Local regulations formulated by the standing committees of the people's
congresses of provinces, autonomous regions and municipalities directly
under the Central Government are promulgated by the proclamations of the
standing committees.
Local regulations formulated by the people's congresses and their standing
committees of larger cities are promulgated by the proclamations of the
standing committees of the people's congresses of larger cities after
being reported and approved.
The autonomy regulation and separate regulation are promulgated
respectively by the proclamations of the standing committees of the
people's congresses of autonomous regions, autonomous prefectures and
autonomous counties after being reported and approved,.
Article 70
After local regulations, autonomous regions' autonomy regulation and
separate regulation are promulgated, they are published in the bulletins
of the standing committees of the people's congresses at the same level
and the newspapers distributed within their administrative areas without
delay.
The versions of local regulations, autonomy regulation and separate
regulation published in the bulletins of the standing committees are their
standard versions.
Section 2 Rules
Article 71
In accordance with laws and the State Council's administrative
regulations, decisions and decrees, the State Council's ministries,
commissions, the People's Bank of China, the National Audit Office and the
organs directly under the State Council with administrative functions may
formulate the rules within the limits of competence of their own
departments.
Matters on which department rules are formulated shall be the matters for
implementing laws or the State Council's administrative regulations,
decisions and decrees.
Article 72
If a matter is involved in the scopes of competence of two or more
departments of the State Council, it shall be submitted to the State
Council to formulate administrative regulations or the departments
concerned of the State Council formulate jointly the rules thereon.
Article 73
The people's governments of provinces, autonomous regions, municipalities
directly under the Central Government and larger cities may formulate the
rules in accordance with laws, administrative regulations and local
regulations of provinces, autonomous regions and municipalities directly
under the Central Government.
The rules of local governments may lay down the provisions for the
following matters:
1. Matters on which the formulation of rules is required for the purpose
of implementing laws, administrative regulations and local regulations;
and
2. Matters of specific administration of their own administrative areas.
Article 74
The procedures for formulating the rules of departments of the State
Council and of local governments are provided for by the State Council
with reference to the provisions of Chapter III of this Law.
Article 75
The department rules shall be decided by the ministerial executive meeting
or the commission's executive meeting.
The local government rules shall be decided by the government executive
meeting or plenary meeting.
Article 76
The department rules are promulgated by the decrees signed by the
department chief.
The local government rules are promulgated by the decrees signed by the
provincial governor, chairman of autonomous region or mayor.
Article 77
After the department rules are signed and promulgated, they are published
in the bulletin of the State Council or the bulletin of the department and
the newspapers distributed nationwide without delay.
After the local government rules are signed and promulgated, they are
published in the bulletins of the people's governments at the same level
and the newspapers distributed within the administrative areas without
delay.
The versions of the rules published in the bulletin of the State Council,
bulletins of departments and bulletins of local people's governments are
their standard versions.
Chapter V Application and for the Record
Article 78
The Constitution has the supreme force of law, and all laws,
administrative regulations, local regulations, autonomy regulation,
separate regulation and rules may not contradict the Constitution.
Article 79
The force of laws is superior to that of administrative regulations, local
regulations and rules.
The force of administrative regulations is superior to that of local
regulations and rules.
Article 80
The force of local regulations is superior to that of rules of local
governments at the same level or the lower levels.
The force of rules formulated by the people's governments of provinces and
autonomous regions is superior to that of the rules formulated by the
people's governments of larger cities within their administrative areas.
Article 81
If the autonomy regulation and separate regulation lay down the adaptive
provisions for laws, administrative regulations and local regulations
according to law, their provisions operate within their autonomous areas .
If the regulations of special economic zones lay down the adaptive
provisions for laws, administrative regulations and local regulations upon
the authorization, their provisions operate within their special economic
zones.
Article 82
The rules of departments and the rules of local governments have the equal
force, and operate within their respective limits of competence.
Article 83
If the special provisions and general provisions of laws, administrative
regulations, local regulations, autonomy regulation, separate regulation
and rules formulated by the same organ are inconsistent, the special
provisions apply; and if the new and old provisions are inconsistent, the
new provisions apply.
Article 84
Laws, administrative regulations, local regulations, autonomy regulation,
separate regulation and rules are non-retroactive, however, except for the
special provisions laid down for the purpose of better protecting the
rights and interests of citizens, legal persons and other organizations.
Article 85
When the new general provisions and the old special provisions of
different laws on the same matter are inconsistent and it could not decide
which is applicable, the Standing Committee of the National People's
Congress makes a ruling thereon.
When the new general provisions and the old special provisions of
different administrative regulations on the same matter are inconsistent
and it could not decide which is applicable, the State Council makes a
ruling thereon.
Article 86
When the local regulations and the rules are inconsistent, the relevant
organs make the ruling thereon according to the limits of competence
specified as follows:
1. When the new general provisions and the old special provisions
formulated by the same organ are inconsistent, the organ that formulates
the provisions makes the ruling;
2. When the provisions of the local regulations and department rules on
the same matter are inconsistent and it could not decide which is
applicable, the State Council produces an opinion thereon. If the State
Council considers the local regulations as applicable, it shall decide
that the provisions of the local regulations are applicable to the said
area; and if it considers the department rules as applicable, it shall
submit it to the Standing Committee of the National People's Congress for
a ruling thereon; and
3. When the provisions among department rules, and between department
rules and local government rules on the same matter are inconsistent, the
State Council makes the ruling thereon.
When the provisions of the regulations formulated upon authorization and
the law are inconsistent and it could not decide which is applicable, the
Standing Committee of the National People's Congress makes the ruling
thereon.
Article 87
If a law, administrative regulations, local regulations, autonomy
regulation, separate regulation or rules has any of the following
circumstances, the relevant organ changes or revokes it in accordance with
the limits of power specified in Article 88 of this Law:
1. In excess of the limit of competence;
2. The inferior law violates the provisions of the superior law;
3. The provisions among the rules on the same matter are inconsistent and
are ruled to be changed or revoked;
4. The provisions of the rules are considered inappropriate and shall be
changed or revoked; or
5. Violation of the legal procedures.
Article 88
The limits of power for changing or revoking laws, administrative
regulations, local regulations, autonomy regulation, separate regulation
and rules are:
1. The National People's Congress has the power to change or revoke
inappropriate laws enacted by its Standing Committee, and has the power to
revoke the autonomy regulation and separate regulation approved by the
Standing Committee of the National People's Congress which violate the
Constitution and the provisions of Paragraph 2 of Article 66 of this Law;
2. The Standing Committee of the National People's Congress has the power
to revoke administrative regulations contradictory to the Constitution and
laws, has the power to revoke local regulations contradictory to the
Constitution, laws and administrative regulations, and has the power to
revoke the autonomy regulation and separate regulation approved by the
standing committees of the people's congresses of provinces, autonomous
regions and municipalities directly under the Central Government which
violate the provisions of the Constitution and of Paragraph 2 of Article
66 of this Law;
3. The State Council has the power to change or revoke inappropriate
department rules and local government rules;
4. The people's congresses of provinces, autonomous regions and
municipalities directly under the Central Government have the power to
change or revoke inappropriate local regulations formulated and approved
by their standing committees;
5. The standing committees of local people's congresses have the power to
revoke the inappropriate rules formulated by the people's governments at
the same level;
6. The people's governments of provinces and autonomous regions have the
power to change or revoke the inappropriate rules formulated by the
people's governments at the next lower level; and
7. The authorizing organ has the power to revoke the regulations
formulated by the authorized organ in excess of the scope of authorization
or in violation of the purpose of authorization, and may revoke the
authorization when necessary.
Article 89
Administrative regulations, local regulations, autonomy regulation,
separate regulation and rules shall, within 30 days after their
promulgation, be reported to the relevant organs for the record according
to the following provisions:
1. Administrative regulations are reported to the Standing Committee of
the National People's Congress for the record;
2. Local regulations formulated by the people's congresses and their
standing committees of provinces, autonomous regions and municipalities
directly under the Central Government are reported to the Standing
Committee of the National People's Congress and the State Council for the
record; and local regulations formulated by the people's congresses and
their standing committees of larger cities are reported by the standing
committees of the people's congresses of provinces and autonomous regions
to the Standing Committee of the National People's Congress and the State
Council for the record;
3. Autonomy regulation and separate regulation formulated by autonomous
prefectures and autonomous counties are reported by the standing
committees of the people's congresses of provinces, autonomous regions and
municipalities directly under the Central Government to the Standing
Committee of the National People's Congress and the State Council for the
record;
4. Department rules and local government rules are reported to the State
Council for the record; local government rules are reported simultaneously
to the standing committees of the people's congresses at the same level
for the record; and rules formulated by the people's governments of larger
cities are simultaneously reported to the standing committees of the
people's congresses and the people's governments of provinces and
autonomous regions for the record; and
5. Regulations formulated upon authorization are reported to the organs
specified in the decision of authorization for the record.
Article 90
The State Council, the Central Military Commission, the Supreme People's
Court, the Supreme People's Procuratorate or the standing committee of the
people's congress of a province, autonomous region or municipality
directly under the Central Government may, if believing that
administrative regulations, local regulations, autonomy regulation or
separate regulation contradict the Constitution or law, submit a written
request for examination to the Standing Committee of the National People's
Congress, and the working bodies of the Standing Committee send it to the
special committee concerned for examination and production of its
opinions.
A State organ other than those specified in the preceding paragraph or a
social group, enterprise or institutional organization or a citizen may,
if believing that administrative regulations, localized regulations,
autonomy regulation or separate regulation contradict the Constitution or
law, make a written proposal for examination to the Standing Committee of
the National People's Congress, and the working bodies of the Standing
Committee study it and when necessary, send it to the special committee
concerned for examination and production of its opinions.
Article 91
If, in examining, the special committee of the National People's Congress
believes that administrative regulations, local regulations, autonomy
regulation or separate regulation contradict the Constitution or law, it
may produce its examination opinions in writing to the organ that
formulates the regulations; or the Law Committee may, together with the
special committee concerned, convene the joint examination meeting,
demands the organ that formulates the regulations to give explanations at
the meeting and then produces its examination opinions in writing to the
organ that formulates the regulations. The latter shall, within two
months, study and produce the opinions on whether or not to amend it and
feed the opinions back to the Law Committee and the special committee
concerned of the National People's Congress.
If the Law Committee and the special committee concerned of the National
People's Congress believe that administrative regulations, local
regulations, autonomy regulation or separate regulation contradict the
Constitution or law but the organ that formulates the regulations fails to
amend it, the Law Committee and the special committee concerned may submit
the examination opinions in writing and the motion to revoke it to the
chairman's meeting, and the chairman's meeting decides whether or not to
submit them to the meeting of the Standing Committee for deliberation and
decision.
Article 92
The procedures of other organs accepting for the record for examination of
local regulations, autonomy regulation, separate regulation and rules are
provided for by the organs accepting for the record in accordance with the
principle of defending the unity of the legal system.
Chapter VI Supplementary Provisions
Article 93
The Central Military Commission formulates military regulations in
accordance with the Constitution and laws.
The headquarters of the Central Military Commission, services and military
commands may formulate military rules within their limits of competence in
accordance with laws and the Central Military Commission's military
regulations, decisions and decrees.
Military regulations and military rules operate within the armed forces.
The measures for formulation, amendment and repeal of military regulations
and military rules are provided for by the Central Military Commission
according to the principles set forth in this Law.
Article 94 This Law enters into force on July 1, 2000. , reported to the Standing Committee of the National People's
Congress for approval before their entry into force. The autonomy
regulation and separate regulation formulated by autonomous prefectures
and autonomous counties are reported to the standing committees of the
people's congresses of provinces, autonomous regions and municipalities
directly under the Central Government for approval before their entry into
force.
The autonomy regulation and separate regulation may lay down the adaptive
provisions for the provisions of laws and administrative regulations in
accordance with the local national characteristics, however, such adaptive
provisions may not contradict the basic principles of laws and
administrative regulations, and may not lay down the adaptive provisions
for the provisions of the Constitution and laws on regional national
autonomy as well as the provisions of other relevant laws and
administrative regulations exclusively on national autonomy areas.
Article 67
Local regulations on special important matters of the administrative areas
shall be adopted by the people's congresses.
Article 68
The procedures of submission, deliberation and voting for bills of local
regulations, autonomy regulation and separate regulation are laid down by
the people's congresses at the same level in accordance with the organic
laws of local people's congresses at various levels and local people's
governments at various levels and with reference to the provisions of
Sections 2, 3 and 5 of Chapter II of this Law.
The organs responsible for unified deliberation produce the reports of
deliberative results and revised versions of the drafts of local
regulations.
Article 69
Local regulations formulated by the people's congresses of provinces,
autonomous regions and municipalities directly under the Central
Government are promulgated by the proclamations of the presidiums of the
congresses.
Local regulations formulated by the standing committees of the people's
congresses of provinces, autonomous regions and municipalities directly
under the Central Government are promulgated by the proclamations of the
standing committees.
Local regulations formulated by the people's congresses and their standing
committees of larger cities are promulgated by the proclamations of the
standing committees of the people's congresses of larger cities after
being reported and approved.
The autonomy regulation and separate regulation are promulgated
respectively by the proclamations of the standing committees of the
people's congresses of autonomous regions, autonomous prefectures and
autonomous counties after being reported and approved,.
Article 70
After local regulations, autonomous regions' autonomy regulation and
separate regulation are promulgated, they are published in the bulletins
of the standing committees of the people's congresses at the same level
and the newspapers distributed within their administrative areas without
delay.
The versions of local regulations, autonomy regulation and separate
regulation published in the bulletins of the standing committees are their
standard versions.
Section 2 Rules
Article 71
In accordance with laws and the State Council's administrative
regulations, decisions and decrees, the State Council's ministries,
commissions, the People's Bank of China, the National Audit Office and the
organs directly under the State Council with administrative functions may
formulate the rules within the limits of competence of their own
departments.
Matters on which department rules are formulated shall be the matters for
implementing laws or the State Council's administrative regulations,
decisions and decrees.
Article 72
If a matter is involved in the scopes of competence of two or more
departments of the State Council, it shall be submitted to the State
Council to formulate administrative regulations or the departments
concerned of the State Council formulate jointly the rules thereon.
Article 73
The people's governments of provinces, autonomous regions, municipalities
directly under the Central Government and larger cities may formulate the
rules in accordance with laws, administrative regulations and local
regulations of provinces, autonomous regions and municipalities directly
under the Central Government.
The rules of local governments may lay down the provisions for the
following matters:
1. Matters on which the formulation of rules is required for the purpose
of implementing laws, administrative regulations and local regulations;
and
2. Matters of specific administration of their own administrative areas.
Article 74
The procedures for formulating the rules of departments of the State
Council and of local governments are provided for by the State Council
with reference to the provisions of Chapter III of this Law.
Article 75
The department rules shall be decided by the ministerial executive meeting
or the commission's executive meeting.
The local government rules shall be decided by the government executive
meeting or plenary meeting.
Article 76
The department rules are promulgated by the decrees signed by the
department chief.
The local government rules are promulgated by the decrees signed by the
provincial governor, chairman of autonomous region or mayor.
Article 77
After the department rules are signed and promulgated, they are published
in the bulletin of the State Council or the bulletin of the department and
the newspapers distributed nationwide without delay.
After the local government rules are signed and promulgated, they are
published in the bulletins of the people's governments at the same level
and the newspapers distributed within the administrative areas without
delay.
The versions of the rules published in the bulletin of the State Council,
bulletins of departments and bulletins of local people's governments are
their standard versions.
Chapter V Application and for the Record
Article 78
The Constitution has the supreme force of law, and all laws,
administrative regulations, local regulations, autonomy regulation,
separate regulation and rules may not contradict the Constitution.
Article 79
The force of laws is superior to that of administrative regulations, local
regulations and rules.
The force of administrative regulations is superior to that of local
regulations and rules.
Article 80
The force of local regulations is superior to that of rules of local
governments at the same level or the lower levels.
The force of rules formulated by the people's governments of provinces and
autonomous regions is superior to that of the rules formulated by the
people's governments of larger cities within their administrative areas.
Article 81
If the autonomy regulation and separate regulation lay down the adaptive
provisions for laws, administrative regulations and local regulations
according to law, their provisions operate within their autonomous areas .
If the regulations of special economic zones lay down the adaptive
provisions for laws, administrative regulations and local regulations upon
the authorization, their provisions operate within their special economic
zones.
Article 82
The rules of departments and the rules of local governments have the equal
force, and operate within their respective limits of competence.
Article 83
If the special provisions and general provisions of laws, administrative
regulations, local regulations, autonomy regulation, separate regulation
and rules formulated by the same organ are inconsistent, the special
provisions apply; and if the new and old provisions are inconsistent, the
new provisions apply.
Article 84
Laws, administrative regulations, local regulations, autonomy regulation,
separate regulation and rules are non-retroactive, however, except for the
special provisions laid down for the purpose of better protecting the
rights and interests of citizens, legal persons and other organizations.
Article 85
When the new general provisions and the old special provisions of
different laws on the same matter are inconsistent and it could not decide
which is applicable, the Standing Committee of the National People's
Congress makes a ruling thereon.
When the new general provisions and the old special provisions of
different administrative regulations on the same matter are inconsistent
and it could not decide which is applicable, the State Council makes a
ruling thereon.
Article 86
When the local regulations and the rules are inconsistent, the relevant
organs make the ruling thereon according to the limits of competence
specified as follows:
1. When the new general provisions and the old special provisions
formulated by the same organ are inconsistent, the organ that formulates
the provisions makes the ruling;
2. When the provisions of the local regulations and department rules on
the same matter are inconsistent and it could not decide which is
applicable, the State Council produces an opinion thereon. If the State
Council considers the local regulations as applicable, it shall decide
that the provisions of the local regulations are applicable to the said
area; and if it considers the department rules as applicable, it shall
submit it to the Standing Committee of the National People's Congress for
a ruling thereon; and
3. When the provisions among department rules, and between department
rules and local government rules on the same matter are inconsistent, the
State Council makes the ruling thereon.
When the provisions of the regulations formulated upon authorization and
the law are inconsistent and it could not decide which is applicable, the
Standing Committee of the National People's Congress makes the ruling
thereon.
Article 87
If a law, administrative regulations, local regulations, autonomy
regulation, separate regulation or rules has any of the following
circumstances, the relevant organ changes or revokes it in accordance with
the limits of power specified in Article 88 of this Law:
1. In excess of the limit of competence;
2. The inferior law violates the provisions of the superior law;
3. The provisions among the rules on the same matter are inconsistent and
are ruled to be changed or revoked;
4. The provisions of the rules are considered inappropriate and shall be
changed or revoked; or
5. Violation of the legal procedures.
Article 88
The limits of power for changing or revoking laws, administrative
regulations, local regulations, autonomy regulation, separate regulation
and rules are:
1. The National People's Congress has the power to change or revoke
inappropriate laws enacted by its Standing Committee, and has the power to
revoke the autonomy regulation and separate regulation approved by the
Standing Committee of the National People's Congress which violate the
Constitution and the provisions of Paragraph 2 of Article 66 of this Law;
2. The Standing Committee of the National People's Congress has the power
to revoke administrative regulations contradictory to the Constitution and
laws, has the power to revoke local regulations contradictory to the
Constitution, laws and administrative regulations, and has the power to
revoke the autonomy regulation and separate regulation approved by the
standing committees of the people's congresses of provinces, autonomous
regions and municipalities directly under the Central Government which
violate the provisions of the Constitution and of Paragraph 2 of Article
66 of this Law;
3. The State Council has the power to change or revoke inappropriate
department rules and local government rules;
4. The people's congresses of provinces, autonomous regions and
municipalities directly under the Central Government have the power to
change or revoke inappropriate local regulations formulated and approved
by their standing committees;
5. The standing committees of local people's congresses have the power to
revoke the inappropriate rules formulated by the people's governments at
the same level;
6. The people's governments of provinces and autonomous regions have the
power to change or revoke the inappropriate rules formulated by the
people's governments at the next lower level; and
7. The authorizing organ has the power to revoke the regulations
formulated by the authorized organ in excess of the scope of authorization
or in violation of the purpose of authorization, and may revoke the
authorization when necessary.
Article 89
Administrative regulations, local regulations, autonomy regulation,
separate regulation and rules shall, within 30 days after their
promulgation, be reported to the relevant organs for the record according
to the following provisions:
1. Administrative regulations are reported to the Standing Committee of
the National People's Congress for the record;
2. Local regulations formulated by the people's congresses and their
standing committees of provinces, autonomous regions and municipalities
directly under the Central Government are reported to the Standing
Committee of the National People's Congress and the State Council for the
record; and local regulations formulated by the people's congresses and
their standing committees of larger cities are reported by the standing
committees of the people's congresses of provinces and autonomous regions
to the Standing Committee of the National People's Congress and the State
Council for the record;
3. Autonomy regulation and separate regulation formulated by autonomous
prefectures and autonomous counties are reported by the standing
committees of the people's congresses of provinces, autonomous regions and
municipalities directly under the Central Government to the Standing
Committee of the National People's Congress and the State Council for the
record;
4. Department rules and local government rules are reported to the State
Council for the record; local government rules are reported simultaneously
to the standing committees of the people's congresses at the same level
for the record; and rules formulated by the people's governments of larger
cities are simultaneously reported to the standing committees of the
people's congresses and the people's governments of provinces and
autonomous regions for the record; and
5. Regulations formulated upon authorization are reported to the organs
specified in the decision of authorization for the record.
Article 90
The State Council, the Central Military Commission, the Supreme People's
Court, the Supreme People's Procuratorate or the standing committee of the
people's congress of a province, autonomous region or municipality
directly under the Central Government may, if believing that
administrative regulations, local regulations, autonomy regulation or
separate regulation contradict the Constitution or law, submit a written
request for examination to the Standing Committee of the National People's
Congress, and the working bodies of the Standing Committee send it to the
special committee concerned for examination and production of its
opinions.
A State organ other than those specified in the preceding paragraph or a
social group, enterprise or institutional organization or a citizen may,
if believing that administrative regulations, localized regulations,
autonomy regulation or separate regulation contradict the Constitution or
law, make a written proposal for examination to the Standing Committee of
the National People's Congress, and the working bodies of the Standing
Committee study it and when necessary, send it to the special committee
concerned for examination and production of its opinions.
Article 91
If, in examining, the special committee of the National People's Congress
believes that administrative regulations, local regulations, autonomy
regulation or separate regulation contradict the Constitution or law, it
may produce its examination opinions in writing to the organ that
formulates the regulations; or the Law Committee may, together with the
special committee concerned, convene the joint examination meeting,
demands the organ that formulates the regulations to give explanations at
the meeting and then produces its examination opinions in writing to the
organ that formulates the regulations. The latter shall, within two
months, study and produce the opinions on whether or not to amend it and
feed the opinions back to the Law Committee and the special committee
concerned of the National People's Congress.
If the Law Committee and the special committee concerned of the National
People's Congress believe that administrative regulations, local
regulations, autonomy regulation or separate regulation contradict the
Constitution or law but the organ that formulates the regulations fails to
amend it, the Law Committee and the special committee concerned may submit
the examination opinions in writing and the motion to revoke it to the
chairman's meeting, and the chairman's meeting decides whether or not to
submit them to the meeting of the Standing Committee for deliberation and
decision.
Article 92
The procedures of other organs accepting for the record for examination of
local regulations, autonomy regulation, separate regulation and rules are
provided for by the organs accepting for the record in accordance with the
principle of defending the unity of the legal system.
Chapter VI Supplementary Provisions
Article 93
The Central Military Commission formulates military regulations in
accordance with the Constitution and laws.
The headquarters of the Central Military Commission, services and military
commands may formulate military rules within their limits of competence in
accordance with laws and the Central Military Commission's military
regulations, decisions and decrees.
Military regulations and military rules operate within the armed forces.
The measures for formulation, amendment and repeal of military regulations
and military rules are provided for by the Central Military Commission
according to the principles set forth in this Law.
Article 94 This Law enters into force on July 1, 2000. |
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