Full Text: Work report of NPC Standing Committee(6)

5. Adhering to the principle of democratic centralism and acting in accordance with the law and procedures

China's Constitution stipulates that state institutions shall apply the principle of democratic centralism. People's congresses are bodies of state power and exercise state power in a unified way. The administrative, judicial and procuratorial bodies of the state are created by people's congresses and are responsible to them and subject to their oversight. The NPC and its Standing Committee determine the country's policies and principles by enacting laws and adopting resolutions on the basis of the provisions of the Constitution and laws, the standpoints of the Party and the will of the people. They oversee the implementation of the Constitution and laws, oversee and support the State Council in carrying out its administrative functions in accordance with the law, and oversee and support the Supreme People's Court and the Supreme People's Procuratorate in being fair in exercising their judicial functions. We correctly handle our relationship with the State Council, the Supreme People's Court and the Supreme People's Procuratorate. We fully perform our official duties in accordance with the law and do not arrogate the exercise of administrative, judicial or procuratorial power. We ensure that state bodies work in concert and jointly serve building socialism with Chinese characteristics under the leadership of the Party, with each performing its own duties and functions. In our specific work, we strengthened communication and coordination with the State Council, the Supreme People's Court, and the Supreme People's Procuratorate and worked with them to study and solve major legislative difficulties and problems. We exchanged views with relevant parties on problems we found in our investigations of compliance with laws; investigations and studies on special topics; and preliminary reviews of the plans, budgets and final accounts of the government. We referred the results of these reviews to the State Council, the Supreme People's Court, and the Supreme People's Procuratorate to study and deal with them, and urged them to report how they did so to the Standing Committee in accordance with the law. When we found regulations conflicting with the Constitution and laws as we reviewed and registered them, we promptly communicated with the bodies that formulated them, offered our comments on them, and urged these bodies to revise or rescind them. Experience has proven that the NPC's intensified, law-based oversight helps improve the work of the State Council, the Supreme People's Court, and the Supreme People's Procuratorate and helps put all the work of the country on a legal footing; and that their willing acceptance of the NPC's oversight helps the State Council to carry out its administrative functions in accordance with the law, helps the Supreme People's Court and the Supreme People's Procuratorate to be fair in exercising their judicial functions, and ensures that they always use the power the people have given to them in the interests of the people.

The characteristics of the NPC's work are that the NPC follows the principle of democratic centralism, and collectively performs its functions and powers and decides matters at meetings in accordance with statutory procedures. The Standing Committee fosters democracy, acts in strict accordance with the law and statutory procedures, and ensures that its members fully express their opinions, including opposing opinions. After we basically reach consensus on matters, we put them to a vote at meetings in accordance with statutory procedures and the principle of one person, one vote, and then make decisions on the basis of the majority vote. In our specific work, we gave full play to the strengths of consultative democracy. When we were very divided over a draft law or another important matter, we adopted a positive yet cautious attitude and when it was necessary, carried out in-depth research, conducted patient consultations or fully debated issues in order to pool the wisdom of everyone. We revised the procedural rules for the Standing Committee and the Chairperson's Council, further standardized procedures, and raised the efficiency of procedures at meetings. It was because we fully fostered democracy and acted in strict accordance with the law and statutory procedures that we ensured that the laws enacted by the NPC and the resolutions it adopted better embodied the common will of the people and were more authoritative.