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The Representative Law is a basic law that regulates and guarantees that deputies to the National People's Congress exercise their powers, perform their duties and play their roles in accordance with the law. The current Representative Law was adopted and promulgated for implementation at the Fifth Session of the Seventh National People's Congress in 1992, and was partially amended in 2009, 2010 and 2015. The promulgation and implementation of this law has played an important role in regulating and guaranteeing that deputies perform their duties in accordance with the law, giving full play to the role of deputies and ensuring that the people are masters of their own country. In order to fully implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement General Secretary Xi Jinping's important thoughts on upholding and improving the people's congress system, and implement the major decisions and arrangements of the Party Central Committee, it is necessary to revise and improve the Representative Law in line with the times, guarantee and promote the high-quality development of the work of deputies to the National People's Congress, and give full play to the significant advantages of the people's congress system.
代表法是规范和保障人大代表依法行使代表职权、履行代表义务、发挥代表作用的基本法律。现行代表法是1992年七届全国人大五次会议通过和公布施行的，2009年、2010年、2015年分别作了部分修改。这部法律的颁布施行，对规范和保证代表依法履行职责，充分发挥代表作用，保证人民当家作主，发挥了重要作用。全面贯彻习近平新时代中国特色社会主义思想，深入贯彻习近平总书记关于坚持和完善人民代表大会制度的重要思想，贯彻落实党中央重大决策部署，有必要与时俱进修改完善代表法，保障和促进人大代表工作高质量发展，更充分地发挥人民代表大会制度的显著优势。(关于《中华人民共和国全国人民代表大会和地方各级人民代表大会代表法（修正草案）》的说明 [Explanation on the "Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels (Draft Amendment)"])
Whole Process People's Democracy (全过程人民民主) provides a mechanism through which the vanguard organization of a nation, in the case of China, its Communist Party, may exercise guidance and leadership over the nation, its productive forces, and people, within an appropriate Leninist framework. In China that core Leninist framework consists of two distinct parts. The first touches on the modalities of democratic dialogue--the principles of democratic centralism. The second touches on the fundamental dialectic of Leninist democratic structures--the principle of the mass line. Together these produce the essential elements of a (Chinese) Leninist democratic system (for the Cuban variant HERE).
Together, the two principles suggest the framework for democratic expression within the Leninist lebenswelt. First democracy is practiced endogenously--within the operation of the administrative apparatus of the state, as well as within the vanguard itself. The operational characteristics of that practice are consultation of the people and the guidance and leadership of the Communist Party. Second, the people, must be organized--like the Party. That is, the dialectic between the people and the Party must be undertaken collectively. While there is one Party representing the Leninist vanguard of social forces, there are several manifestations of organizing the people--historical (United Front Parties), ethnic, occupational, religious, and the like. It is through the collectivization of the masses that it is possible to more effectively realize the promise of the mass line within organizational parameter. Third, collectivized masses must be organized. That is, the constellation of collective organizations which in the aggregate represent all of the people must be rationalized in a way that makes it possible to effectively undertake democratic consultation of the type that is conceived within this model. A significant structure for consultation is provided through the Chinese People's Political Consultative Conference (CPPCC) Fourth, the State also must be organized--like the Party and the People. That is, the manifestation of the CPC's leadership and guidance of the nation must be undertaken through an administrative apparatus that both produces and operates under law. That apparatus might be understood, in part at least, to include the People's Congress system--from the National People's Congress down to local congresses. They are the highest organs of state (as the administrative apparatus necessary to the functioning of a Chinese "Socialist" political-economic model, but they are not the supreme organs of political authority (a role reserved to the vanguard CPC). Fifth, consultation itself must be structured. That structure is also meant to reinforce the political-economic system itself, with the CPC at its core. The structure is provided by the practices of democratic centralism, which is applied both within the CPC, and among the organs and institutions through which the CPC undertakes its leadership and guidance in the administrative and political/social spheres. Sixth, the members of all collective organizations must be guided and disciplined in the performance of their duties. This applies to CPC cadres, the members of collective organizations, and the members of the peoples congresses.
It is within this framework that one might better approach recent efforts by the State and Party to review and develop the rule system for the responsibilities and training and expectations of members of the peoples congress system. This has been in development for some time; the recent focus on its terms suggests the intensity of the interest of the CPC in its fulfillment. Explanation on the "Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels (Draft Amendment)" --At the Third Session of the 14th National People's Congress on March 5, 2025 (Li Hongzhong, Vice Chairman of the Standing Committee of the National People's Congress) [关于《中华人民共和国全国人民代表大会和地方各级人民代表大会代表法（修正草案）》的说明 ——2025年3月5日在第十四届全国人民代表大会第三次会议上 全国人民代表大会常务委员会副委员长 李鸿忠].
The explanation is divided into several parts:
1. The necessity and great significance of amending the Deputies Law. This is divided into three parts: (I) Amending the Representative Law is an inevitable requirement for upholding the overall leadership of the Party and unswervingly following the path of political development of socialism with Chinese characteristics; (II) Amending the Deputies Law is an important guarantee for promoting the high-quality development of the work of the National People's Congress and adhering to, improving, and operating the people's congress system; (III) Amending the Deputies Law is an objective requirement for developing full-process people's democracy and making NPC deputies and their standing committees at all levels become representative organs that always maintain close contact with the people
2. Guiding ideology, principles and working process of amending the Representative Law. This section describes the ideological core principles to be followed in the amendment work:
First, conscientiously implement the major decisions and arrangements of the Party Central Committee and the spirit of the Central People's Congress Work Conference, ensure that NPC deputies always stand firm in their political stance and fulfill their political responsibilities, ensure that the Party's leadership is fully, systematically and holistically implemented in all aspects of the performance of duties and powers by state power organs, and ensure the correct political direction of the work of deputies. Second, adhere to the people-centered approach, adhere to and develop people's democracy throughout the entire process, give full play to the role of people's congress representatives at all levels as a bridge between the Party and the state and the people, constantly enrich the content and form of state organs contacting representatives and representatives contacting the people, and give full play to the role of representatives in developing people's democracy throughout the entire process. Third, fully summarize the practical experience of people's congress representatives at all levels in performing their duties and the people's congresses and their standing committees at all levels in recent years, adhere to problem orientation, and seek truth from facts, and revise and improve those that have been proven feasible and necessary to be revised in practice; those that can be revised or not, generally do not make revisions. Fourth, follow the provisions, principles and spirit of the Constitution, and at the same time, make good connections with the National People's Congress Organization Law, Local Organization Law, National People's Congress Rules of Procedure, and Election Law, Legislation Law, Supervision Law and other laws that have been revised in recent years.
3. Main contents of the draft amendment to the Representative Law. These section describes the points of technical emphasis of greatest interest to members and those who must develop systems of member discipline. These are meant to align the principles and objectives of the peoples congress with the working styles of its members. It is divided into nine (9) sections. These are meant to tie together the framework for governance in China and the role of the peoples congresses within that framework. In a sense, one can see reflected in this section an operational model, directed toward the management of PC members, the template of whole process peoples democracy described above.
The full explanation follows below in the original Chinese and a crude English translation.
新华社北京3月5日电
关于《中华人民共和国全国人民代表大会和地方各级人民代表大会代表法（修正草案）》的说明
——2025年3月5日在第十四届全国人民代表大会第三次会议上
全国人民代表大会常务委员会副委员长 李鸿忠
各位代表：
我受全国人大常委会委托，作关于《中华人民共和国全国人民代表大会和地方各级人民代表大会代表法（修正草案）》的说明。
一、修改代表法的必要性和重大意义
人民代表大会制度是我国的根本政治制度。党的十八大以来，以习近平同志为核心的党中央立足新的历史方位，加强党对人大工作的全面领导，持续推进人民代表大会制度理论和实践创新，形成习近平总书记关于坚持和完善人民代表大会制度的重要思想，推动人大工作取得历史性成就，人民代表大会制度更加成熟、更加定型。
人大代表是国家权力机关的组成人员，代表人民的利益和意志，依照宪法和法律的规定，参加行使国家权力。以习近平同志为核心的党中央高度重视人大代表工作，从发展全过程人民民主、保障人民当家作主的高度，对充分发挥人大代表作用、加强人大代表工作能力建设作出决策部署。2021年10月，中央人大工作会议明确提出充分发挥人大代表作用等任务要求。2022年10月，党的二十大报告提出加强人大代表工作能力建设，密切人大代表同人民群众的联系。2024年7月，党的二十届三中全会《决定》提出丰富人大代表联系人民群众的内容和形式，健全吸纳民意、汇集民智工作机制。2024年9月，习近平总书记在庆祝全国人民代表大会成立70周年大会上发表重要讲话，强调必须坚持充分发挥人大代表作用，对人大代表当好党和国家联系人民群众的桥梁，各国家机关支持和保障人大代表依法履职，健全联系代表的制度机制等提出明确要求。
代表法是规范和保障人大代表依法行使代表职权、履行代表义务、发挥代表作用的基本法律。现行代表法是1992年七届全国人大五次会议通过和公布施行的，2009年、2010年、2015年分别作了部分修改。这部法律的颁布施行，对规范和保证代表依法履行职责，充分发挥代表作用，保证人民当家作主，发挥了重要作用。全面贯彻习近平新时代中国特色社会主义思想，深入贯彻习近平总书记关于坚持和完善人民代表大会制度的重要思想，贯彻落实党中央重大决策部署，有必要与时俱进修改完善代表法，保障和促进人大代表工作高质量发展，更充分地发挥人民代表大会制度的显著优势。
（一）修改代表法是坚持党的全面领导、坚定不移走中国特色社会主义政治发展道路的必然要求
人民代表大会制度是坚持党的领导、人民当家作主、依法治国有机统一的根本政治制度安排，是党领导国家政权机关的重要制度载体。坚持党中央集中统一领导是人大工作的最高政治原则。人大代表作为各级人民代表大会的组成人员，必须旗帜鲜明讲政治，提高政治站位，履行政治责任，做政治上的明白人。修改代表法，明确各级人大代表坚持中国共产党的领导、坚持党和国家的指导思想，坚定政治立场，履行政治责任，加强思想作风建设，学习贯彻党的理论和路线、方针、政策，对于保障代表依法履职尽责，保证党的理论、路线、方针政策和决策部署通过人民代表大会制度在国家工作中得到全面贯彻和有效执行，具有重要意义。
（二）修改代表法是推动人大工作高质量发展，坚持好、完善好、运行好人民代表大会制度的重要保障
人大代表作用的发挥，直接关系人民代表大会制度的运行，直接关系人大工作质量和水平。人大代表参加行使国家权力的主要形式是出席人民代表大会会议，参与重要法律法规的制定修改、计划预算的审查批准和重大事项的审议决定，依法参加选举、表决重要人事任免事项，提出议案和建议，等等。人大代表在闭会期间开展调研视察，参与人大常委会和专门委员会相关工作，通过多种形式深入了解群众诉求，通过人大渠道向党和国家机关提出意见建议。人大代表在大会会议期间的工作和闭会期间的活动，都是执行代表职务。党的十八大以来，各级人大健全常委会联系代表的制度机制，加强代表对人大常委会立法、监督工作的参与，改进代表调研视察工作，加强代表建议办理工作，有力保障代表作用的充分发挥。修改代表法，健全各级国家机关支持和保障人大代表依法履职、加强同人大代表联系的制度机制，对于推动人大工作高质量发展，更好把人民代表大会制度的显著优势转化为治理效能，具有重要意义。
（三）修改代表法是发展全过程人民民主，使各级人大及其常委会成为始终同人民群众保持密切联系的代表机关的客观要求
全过程人民民主是社会主义民主政治的本质属性，人民代表大会制度是实现我国全过程人民民主的重要制度载体。习近平总书记对各级人大及其常委会提出建设“四个机关”要求，其中包括成为始终同人民群众保持密切联系的代表机关。我国各级人大代表都由民主选举产生，具有广泛的代表性。目前，我国277万多名五级人大代表中，近95%是县乡人大代表，很多是一线工人、农民、专业技术人员。人大代表作为党和国家联系人民群众的桥梁，发挥来自人民、扎根人民的特点优势，代表人民依法参加行使国家权力，反映人民的意见和要求，是践行全过程人民民主的生动体现。近年来，各级人大常委会贯彻落实党中央决策部署，加强代表履职平台建设，丰富人大代表联系人民群众的内容和形式，密切代表同人民群众的联系。修改代表法，明确代表践行全过程人民民主的原则和要求，完善各级人大常委会和乡镇人大主席团组织代表开展联系人民群众活动的工作机制，对于保证人大代表忠实代表人民的利益和意志，参加行使国家权力，听取和反映人民群众的意见和要求，切实维护人民群众的合法权益，具有重要意义。
二、修改代表法的指导思想、遵循的原则和工作过程
修改代表法，要坚持以习近平新时代中国特色社会主义思想为指导，深入学习贯彻习近平总书记关于坚持和完善人民代表大会制度的重要思想，全面贯彻党的二十大和二十届二中、三中全会精神以及中央人大工作会议精神，坚定不移走中国特色社会主义政治发展道路，坚持党的领导、人民当家作主、依法治国有机统一，总结新时代人大代表工作的实践经验，提升人大代表工作制度化、规范化、程序化水平，使发挥各级人大代表作用成为人民当家作主的重要体现。
修改工作遵循的原则：一是，认真贯彻落实党中央重大决策部署和中央人大工作会议精神，保证人大代表始终站稳政治立场、履行政治责任，保证党的领导全面、系统、整体地落实到国家权力机关履职行权的各方面全过程，确保代表工作的正确政治方向。二是，坚持以人民为中心，坚持和发展全过程人民民主，充分发挥各级人大代表作为党和国家联系人民群众的桥梁作用，不断丰富国家机关联系代表、代表联系人民群众的内容和形式，充分发挥代表在发展全过程人民民主中的作用。三是，充分总结近年来各级人大代表履职、各级人大及其常委会开展代表工作的实践经验，坚持问题导向，坚持实事求是，对实践证明可行、确有必要修改的予以修改完善；可改可不改的，一般不作修改。四是，遵循宪法的规定、原则和精神，同时与近年来修改的全国人大组织法、地方组织法、全国人大议事规则和选举法、立法法、监督法等法律做好衔接。
以习近平同志为核心的党中央高度重视代表法修改工作。2024年10月，习近平总书记主持召开中央政治局常委会会议，听取审议并原则同意全国人大常委会党组关于代表法修正草案有关问题的请示和汇报，为代表法修改工作提供了重要指导和遵循。
根据立法工作安排，全国人大常委会法制工作委员会、代表工作委员会于2024年初组成修法工作专班，启动代表法修改工作，经广泛征求各方面意见和认真研究，提出了代表法修正草案。期间主要开展了以下工作：一是，深入学习领会习近平总书记关于坚持和完善人民代表大会制度的重要思想，深入践行全过程人民民主重大理念和实践要求，全面梳理党的十八大以来党中央关于发挥人大代表作用、做好新时代人大代表工作的重大决策部署和要求。二是，深入总结新时代人大代表工作的实践经验，组织对代表法修改有关问题开展专题研究；梳理总结近年来与代表法有关的议案、建议和法律询问答复。三是，将修正草案印发中央有关部门、全国人大各专门委员会和有关工作机构、各省（自治区、直辖市）和部分设区的市人大常委会、基层立法联系点以及有关组织和研究机构征求意见。四是，多次召开座谈会，听取各省（自治区、直辖市）人大常委会代表工委、部分全国人大代表、专家学者和基层群众的意见建议。五是，到部分地方进行专题调研，深入了解近年来人大代表履职和各级人大及其常委会开展代表工作的新实践新经验。
2024年11月初，十四届全国人大常委会第十二次会议对代表法修正草案进行了初次审议。同年12月底，十四届全国人大常委会第十三次会议对代表法修正草案进行了再次审议，并决定提请十四届全国人大三次会议审议。代表法修正草案经全国人大常委会两次会议审议后，先后两次在中国人大网全文公布草案征求社会公众意见；将修正草案印发全国人大代表，组织部署全国人大代表研读讨论并征求意见。各方面一致认为，修正草案深入贯彻落实习近平总书记关于坚持和完善人民代表大会制度的重要思想，深入总结新时代人大代表工作实践经验，健全人大代表履职制度机制，强化对代表履职的保障和监督，对于充分发挥代表在发展全过程人民民主中的作用，坚持好、完善好、运行好人民代表大会制度，健全全过程人民民主制度体系，具有重要意义。
2025年2月7日，全国人大宪法和法律委员会召开会议，根据全国人大常委会组成人员的审议意见、代表研读讨论中提出的意见和各方面的意见，对代表法修正草案作了进一步修改完善。宪法和法律委员会认为，经过全国人大常委会两次会议审议、广泛征求意见和反复修改完善，代表法修正草案充分吸收各方面的意见建议，已经比较成熟。据此，形成了提请本次会议审议的《中华人民共和国全国人民代表大会和地方各级人民代表大会代表法（修正草案）》。
三、代表法修正草案的主要内容
代表法修正草案共34条，主要修改内容如下：
（一）充实总则部分规定
贯彻党中央决策部署，突出对代表履职的政治要求。一是贯彻落实宪法规定，体现新时代党的重大理论创新成果，明确代表应当坚持党的领导、坚持党和国家的指导思想，增加规定：全国人民代表大会和地方各级人民代表大会代表应当坚持中国共产党的领导，坚持以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想为指导，坚定不移走中国特色社会主义政治发展道路，遵循民主集中制原则（修正草案第二条）。二是贯彻落实中央人大工作会议精神，明确代表在坚持好、完善好、运行好人民代表大会制度中的职责使命，增加规定：全国人民代表大会和地方各级人民代表大会代表应当以坚持好、完善好、运行好人民代表大会制度为己任，做到政治坚定、服务人民、尊崇法治、发扬民主、勤勉尽责，为各级人大及其常委会建设自觉坚持中国共产党领导的政治机关、保证人民当家作主的国家权力机关、全面担负宪法法律赋予的各项职责的工作机关、始终同人民群众保持密切联系的代表机关而履职尽责（修正草案第三条）。三是贯彻全过程人民民主重大理念，明确代表密切联系人民群众的原则要求，增加规定：全国人民代表大会和地方各级人民代表大会代表应当坚持以人民为中心，践行全过程人民民主，始终同人民群众保持密切联系，忠实代表人民的利益和意志，自觉接受人民监督（修正草案第三条）。四是明确代表忠于宪法的职责使命和在推进全面依法治国中的重要作用，增加规定：全国人民代表大会和地方各级人民代表大会代表应当忠于宪法，弘扬宪法精神，维护宪法权威，维护社会主义法制的统一和尊严，为推进全面依法治国、建设更高水平的社会主义法治国家贡献力量（修正草案第三条）。五是完善代表的权利义务有关规定，增加规定代表“参加本级人民代表大会闭会期间的各项履职活动”；“参加选举和表决”，“遵守会议纪律”，“带头践行社会主义核心价值观，铸牢中华民族共同体意识，自觉遵守社会主义道德”（修正草案第四条、第五条）。
（二）拓展和深化“两个联系”制度机制
贯彻党中央关于密切国家机关同人大代表的联系、密切人大代表同人民群众的联系的要求，总结实践经验，完善相关制度机制：一是明确国家机关联系代表的原则要求，增加规定：县级以上的各级人大常委会和乡镇人大主席团应当密切同代表的联系，丰富代表联系人民群众的内容和形式，加强代表工作能力建设，支持和保障代表依法履职，充分发挥代表作用；各级人民政府、监察委员会、人民法院、人民检察院应当加强同代表的联系，听取代表的意见和建议，加强和改进各方面工作（修正草案第六条）。二是进一步完善代表联系人民群众制度，增加规定：县级以上的地方各级人大常委会或者乡镇人大主席团按照就地就近的原则，定期组织代表开展联系人民群众的活动，听取和反映人民群众的意见和建议（修正草案第十二条）。三是进一步完善人大常委会联系代表制度，明确县级以上的各级人大常委会应当采取多种方式同本级人大代表保持联系，建立健全常委会组成人员和各专门委员会、常委会工作机构联系代表的工作机制，扩大代表对立法、监督等各项工作的参与；乡镇人大主席、副主席在大会闭会期间负责联系本级人大代表（修正草案第二十一条）。四是完善“一府一委两院”联系代表制度，增加规定：各级人民政府及其所属各部门、监察委员会、人民法院和人民检察院，根据本级人大常委会的统筹安排，邀请代表参与相关工作和活动，听取代表的意见和建议（修正草案第二十三条）。
（三）完善人大代表工作能力建设有关规定
贯彻党中央关于加强人大代表工作能力建设的要求，与地方组织法、全国人大常委会有关决定相衔接，明确代表工作机构和代表工作计划。一是增加规定：县级以上的各级人大常委会设立代表工作委员会，作为常委会的工作机构（修正草案第六条）。二是增加规定：县级以上的各级人大常委会制定年度代表工作计划；年度代表工作计划由委员长会议或者主任会议通过，向本级人大代表通报，并向社会公布（修正草案第二十条）。
（四）完善代表在本级人民代表大会会议期间的工作有关规定
代表在本级人民代表大会会议期间的工作是代表履职的集中体现。结合近年来代表在大会会议期间依法履职的实际做法，完善有关规定：一是进一步明确代表在出席本级人民代表大会会议前，应当通过多种方式听取人民群众的意见和建议，根据安排认真研读拟提请会议审议的议案和报告，为会议期间执行代表职务做好准备（修正草案第七条）。二是根据实践做法，明确县级以上的各级人大代表按照选举单位、行政区域等组成代表团；乡镇人大代表根据实际需要，可以组成代表团（修正草案第八条）。
（五）完善代表在本级人民代表大会闭会期间的活动有关规定
人大代表参加大会闭会期间的活动，是代表依法履职的重要方式。结合近年来的实践做法，进一步规范代表在大会闭会期间的活动。一是完善代表小组的组成，明确县级以上的各级人大代表“根据地域、领域等”组成代表小组（修正草案第十一条）。二是贯彻落实中央人大工作会议精神，根据实践做法，增加规定：根据安排，设区的市级以上的各级人大代表也可以在本行政区域内跨原选举单位进行视察、开展专题调研（修正草案第十三条、第十四条）。三是在现有代表视察有关要求的基础上，明确代表参加专题调研活动时，也可以向有关机关、组织提出建议、批评和意见，但不直接处理问题（修正草案第十五条）。四是进一步扩大代表对人大常委会、专门委员会工作的参与，增加规定：县级以上的各级人大代表可以应邀参加本级人大常委会、各专门委员会和常委会办事机构、工作机构组织的有关会议（修正草案第十六条）。五是明确县级人大代表可以列席原选区所在的乡镇人民代表大会会议（修正草案第十七条）。
（六）完善代表执行职务的保障有关规定
贯彻落实党中央决策部署，根据实践做法，对代表执行职务的保障有关规定作了如下修改完善：一是根据地方的意见，与地方组织法有关规定相衔接，明确代表依法执行代表职务，国家根据需要给予往返的旅费和必要的物质上的便利或者补贴（修正草案第十九条）。二是增加规定：县级以上的各级人大常委会可以运用现代信息技术，建立健全代表履职网络平台，为代表依法履职、加强履职学习培训等提供便利和服务（修正草案第二十二条）。三是完善代表履职学习培训制度，明确代表应当学习贯彻中国共产党的理论和路线、方针、政策，熟悉宪法和人民代表大会制度，掌握履职所需的法律知识和其他专业知识；乡镇人大代表应当参加上级人大常委会和乡镇人大主席团组织的代表履职学习培训（修正草案第二十四条）。四是根据实践做法，增加规定：身体残疾或者其他行动不便的代表执行代表职务时，有关部门应当根据需要给予必要的帮助和照顾（修正草案第二十八条）。五是加强代表履职宣传工作，增加规定：县级以上的各级人大常委会应当通过多种方式宣传代表依法履职、发挥作用的典型事迹，展现代表践行全过程人民民主的生动实践（修正草案第二十九条）。
（七）完善代表议案和建议办理机制
根据实践做法，与有关法律规定相衔接，保障代表依法提出议案和建议，提高议案和建议办理工作质量，更好发挥代表作用。一是完善代表议案办理机制，增加规定：县级以上的各级人大专门委员会审议大会主席团交付的代表议案，应当与代表联系沟通，充分听取意见，并及时通报情况（修正草案第二十五条）。二是完善代表建议的交办和报告制度，明确代表对各方面工作提出的建议、批评和意见，由本级人大常委会办事机构、工作机构或者乡镇人大主席团交有关机关、组织研究办理。代表建议、批评和意见的办理情况，由常委会办事机构、工作机构或者有关机关、组织向本级人大常委会报告，并印发下一次人民代表大会会议；或者由乡镇人大主席团向乡镇人民代表大会报告（修正草案第二十六条）。三是明确代表建议督办机制，增加规定：县级以上的各级人大有关专门委员会和常委会办事机构、工作机构，乡镇人大主席团应当加强对代表建议、批评和意见的督促办理；委员长会议或者主任会议可以围绕经济社会发展和关系人民群众切身利益、社会普遍关注的重大问题、重大事项，确定重点督促办理的代表建议、批评和意见（修正草案第二十七条）。
（八）完善代表履职管理监督有关规定
贯彻落实党中央决策部署，强化代表履职的管理监督。一是明确代表的政治责任，增加规定：代表应当坚定政治立场，履行政治责任，加强思想作风建设，自觉接受监督，自觉维护代表形象（修正草案第三十条）。二是与地方组织法有关规定相衔接，完善代表履职情况报告制度，在选民直接选举的代表应当以多种方式向原选区选民报告履职情况的现行规定基础上，增加规定间接选举的代表应当向原选举单位报告履职情况；明确县级以上的地方各级人大常委会和乡镇人大主席团应当记录代表履职情况、定期组织代表报告履职情况，并公示代表基本信息和履职信息（修正草案第三十一条）。三是进一步明确代表不得利用执行代表职务干预具体执法案件或者变相从事商业活动牟取个人利益（修正草案第三十二条）。四是根据实际做法，在代表资格终止的情形中增加规定“责令辞职”（修正草案第三十三条）。
（九）适应监察体制改革需要补充相关内容
根据2018年宪法修正案，与全国人大组织法、地方组织法、监察法等有关法律相衔接，对监察委员会的有关内容作了如下补充完善：一是在人大代表参加选举和罢免国家机构领导人员的规定中增加“监察委员会主任”有关表述（修正草案第九条、第三十四条）。二是在代表依法提出质询案的对象范围中增加“监察委员会”有关表述（修正草案第三十四条）。三是明确监察委员会应当及时向本级人大代表通报工作情况，提供信息资料，保障代表的知情权（修正草案第二十三条）。
此外，还作了一些文字表述和法律衔接方面的修改完善，并对个别条文顺序作了调整。
《中华人民共和国全国人民代表大会和地方各级人民代表大会代表法（修正草案）》和以上说明，请审议。
Xinhua News Agency, Beijing, March 5
Explanation on the "Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels (Draft Amendment)" --At the Third Session of the 14th National People's Congress on March 5, 2025
Li Hongzhong, Vice Chairman of the Standing Committee of the National People's Congress
Dear Representatives:
I am entrusted by the Standing Committee of the National People's Congress to make an explanation on the "Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels (Draft Amendment)".
1. The necessity and great significance of amending the Deputies Law
The people's congress system is the fundamental political system of our country. Since the 18th National Congress of the Communist Party of my country, the Party Central Committee with Comrade Xi Jinping as the core has based itself on a new historical position, strengthened the Party's overall leadership over the work of the National People's Congress, continuously promoted the theoretical and practical innovation of the people's congress system, formed General Secretary Xi Jinping's important thoughts on upholding and improving the people's congress system, promoted the historic achievements of the work of the National People's Congress, and made the people's congress system more mature and more established.
People's Congress deputies are members of the state power organs, representing the interests and will of the people, and participating in the exercise of state power in accordance with the provisions of the Constitution and laws. The Party Central Committee with Comrade Xi Jinping as the core attaches great importance to the work of NPC deputies. From the perspective of developing people's democracy throughout the process and ensuring that the people are masters of their own country, it has made decisions and arrangements to give full play to the role of NPC deputies and strengthen the capacity building of NPC deputies. In October 2021, the Central NPC Work Conference clearly put forward the task requirements such as giving full play to the role of NPC deputies. In October 2022, the report of the 20th National Congress of the Communist Party of China proposed to strengthen the capacity building of NPC deputies and strengthen the connection between NPC deputies and the people. In July 2024, the "Decision" of the Third Plenary Session of the 20th Central Committee of the Communist Party of China proposed to enrich the content and form of NPC deputies' contact with the people and improve the working mechanism for absorbing public opinion and gathering people's wisdom. In September 2024, General Secretary Xi Jinping delivered an important speech at the meeting celebrating the 70th anniversary of the founding of the National People's Congress, emphasizing the need to persist in giving full play to the role of NPC deputies, and put forward clear requirements for NPC deputies to serve as a bridge between the Party and the state and the people, for all state organs to support and guarantee NPC deputies to perform their duties in accordance with the law, and for improving the institutional mechanism for contacting deputies.
The Representative Law is a basic law that regulates and guarantees that deputies to the National People's Congress exercise their powers, perform their duties and play their roles in accordance with the law. The current Representative Law was adopted and promulgated for implementation at the Fifth Session of the Seventh National People's Congress in 1992, and was partially amended in 2009, 2010 and 2015. The promulgation and implementation of this law has played an important role in regulating and guaranteeing that deputies perform their duties in accordance with the law, giving full play to the role of deputies and ensuring that the people are masters of their own country. In order to fully implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement General Secretary Xi Jinping's important thoughts on upholding and improving the people's congress system, and implement the major decisions and arrangements of the Party Central Committee, it is necessary to revise and improve the Representative Law in line with the times, guarantee and promote the high-quality development of the work of deputies to the National People's Congress, and give full play to the significant advantages of the people's congress system.
(I) Amending the Representative Law is an inevitable requirement for upholding the overall leadership of the Party and unswervingly following the path of political development of socialism with Chinese characteristics
The people's congress system is a fundamental political system arrangement that organically integrates the Party's leadership, the people's mastery of their own country and the rule of law, and is an important institutional carrier for the Party's leadership of state power organs. Upholding the centralized and unified leadership of the Party Central Committee is the highest political principle of the work of the National People's Congress. As members of the people's congresses at all levels, deputies to the National People's Congress must be clear about politics, improve their political standing, fulfill their political responsibilities, and be politically savvy. Amending the Deputies Law to clarify that deputies to the National People's Congresses at all levels must adhere to the leadership of the Communist Party of China, adhere to the guiding ideology of the Party and the country, stand firm in their political stance, fulfill their political responsibilities, strengthen ideological and work style construction, and study and implement the Party's theories, lines, principles, and policies is of great significance for ensuring that deputies perform their duties in accordance with the law and ensure that the Party's theories, lines, principles, policies, and decision-making arrangements are fully implemented and effectively implemented in the work of the state through the people's congress system.
(II) Amending the Deputies Law is an important guarantee for promoting the high-quality development of the work of the National People's Congress and adhering to, improving, and operating the people's congress system
The role of deputies to the National People's Congress is directly related to the operation of the people's congress system and the quality and level of the work of the National People's Congress. The main forms of participation of deputies to the National People's Congress in exercising state power are to attend meetings of the People's Congress, participate in the formulation and revision of important laws and regulations, review and approval of plans and budgets, and deliberation and decision-making on major matters, participate in elections and vote on important personnel appointments and removals in accordance with the law, and put forward motions and suggestions, etc. During the recess, NPC deputies conduct research and inspection, participate in the work of the NPC Standing Committee and special committees, gain in-depth understanding of the people's demands through various forms, and submit opinions and suggestions to the Party and state organs through the NPC channels. The work of NPC deputies during the congress and the activities during the recess are all the performance of their duties as deputies. Since the 18th CPC National Congress, NPC deputies at all levels have improved the institutional mechanisms for the Standing Committee to contact deputies, strengthened the participation of deputies in the legislative and supervisory work of the NPC Standing Committee, improved the research and inspection work of deputies, strengthened the handling of deputies' suggestions, and effectively ensured the full play of the role of deputies. Amending the Deputies Law and improving the institutional mechanisms for state organs at all levels to support and guarantee NPC deputies to perform their duties in accordance with the law and strengthen contact with NPC deputies are of great significance for promoting the high-quality development of NPC work and better transforming the significant advantages of the people's congress system into governance effectiveness.
(III) Amending the Deputies Law is an objective requirement for developing full-process people's democracy and making NPC deputies and their standing committees at all levels become representative organs that always maintain close contact with the people
Full-process people's democracy is the essential attribute of socialist democratic politics, and the people's congress system is an important institutional carrier for realizing full-process people's democracy in my country. General Secretary Xi Jinping proposed the requirements for the construction of "four organs" for the people's congresses at all levels and their standing committees, including becoming a representative organ that always maintains close contact with the people. People's Congress deputies at all levels in my country are elected democratically and have broad representation. At present, among the more than 2.77 million people's congress deputies at the five levels in my country, nearly 95% are county and township people's congress deputies, many of whom are front-line workers, farmers, and professional and technical personnel. As a bridge between the Party and the state and the people, people's congress deputies play the characteristics and advantages of coming from the people and taking root in the people, represent the people in exercising state power in accordance with the law, and reflect the opinions and demands of the people. This is a vivid embodiment of practicing the whole process of people's democracy. In recent years, the Standing Committees of the People's Congresses at all levels have implemented the decisions and arrangements of the Party Central Committee, strengthened the construction of platforms for the performance of duties by deputies, enriched the content and forms of the people's congress deputies' contact with the people, and strengthened the connection between deputies and the people. Amending the Representative Law, clarifying the principles and requirements for deputies to practice the whole process of people's democracy, and improving the working mechanism for the Standing Committees of the People's Congresses at all levels and the presidiums of township people's congresses to organize deputies to carry out activities to contact the people are of great significance for ensuring that people's congress deputies faithfully represent the interests and will of the people, participate in the exercise of state power, listen to and reflect the opinions and demands of the people, and effectively safeguard the legitimate rights and interests of the people.
2. Guiding ideology, principles and working process of amending the Representative Law
In amending the Representative Law, we must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement General Secretary Xi Jinping's important thoughts on upholding and improving the people's congress system, fully implement the spirit of the 20th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 20th Central Committee of the Communist Party of China and the spirit of the Central People's Congress Work Conference, unswervingly follow the path of socialist political development with Chinese characteristics, adhere to the organic unity of the Party's leadership, the people's mastery of their own affairs, and the rule of law, summarize the practical experience of the work of NPC deputies in the new era, improve the institutionalization, standardization and proceduralization of the work of NPC deputies, and make the role of NPC deputies at all levels an important manifestation of the people's mastery of their own affairs.
Principles to be followed in the amendment work: First, conscientiously implement the major decisions and arrangements of the Party Central Committee and the spirit of the Central People's Congress Work Conference, ensure that NPC deputies always stand firm in their political stance and fulfill their political responsibilities, ensure that the Party's leadership is fully, systematically and holistically implemented in all aspects of the performance of duties and powers by state power organs, and ensure the correct political direction of the work of deputies. Second, we must adhere to the people-centered approach, adhere to and develop people's democracy throughout the entire process, give full play to the role of people's congress representatives at all levels as a bridge between the Party and the state and the people, constantly enrich the content and form of state organs contacting representatives and representatives contacting the people, and give full play to the role of representatives in developing people's democracy throughout the entire process. Third, we must fully summarize the practical experience of people's congress representatives at all levels in performing their duties and the people's congresses and their standing committees at all levels in recent years, adhere to problem orientation, and seek truth from facts, and revise and improve those that have been proven feasible and necessary to be revised in practice; those that can be revised or not, generally do not make revisions. Fourth, we must follow the provisions, principles and spirit of the Constitution, and at the same time, make good connections with the National People's Congress Organization Law, Local Organization Law, National People's Congress Rules of Procedure, and Election Law, Legislation Law, Supervision Law and other laws that have been revised in recent years.
The Party Central Committee with Comrade Xi Jinping as its core attaches great importance to the revision of the Representative Law. In October 2024, General Secretary Xi Jinping presided over a meeting of the Standing Committee of the Political Bureau of the CPC Central Committee, listened to and reviewed and agreed in principle to the request and report of the Party Group of the Standing Committee of the National People's Congress on issues related to the draft amendment to the Representative Law, which provided important guidance and follow-up for the revision of the Representative Law.
According to the legislative work arrangements, the Legislative Affairs Commission and the Representatives Working Committee of the Standing Committee of the National People's Congress formed a special task force for legislative amendments in early 2024 to initiate the revision of the Representatives Law. After extensively soliciting opinions from all parties and conducting careful research, a draft amendment to the Representatives Law was proposed. During this period, the following work was mainly carried out: First, we thoroughly studied and understood General Secretary Xi Jinping's important thoughts on upholding and improving the people's congress system, deeply implemented the major concepts and practical requirements of people's democracy throughout the process, and comprehensively sorted out the major decisions, arrangements and requirements of the Party Central Committee since the 18th National Congress of the Communist Party of China on giving full play to the role of people's congress deputies and doing a good job in the work of people's congress deputies in the new era. Second, we thoroughly summarized the practical experience of the work of people's congress deputies in the new era, organized special research on issues related to the revision of the Representatives Law; sorted out and summarized the bills, suggestions and legal inquiries related to the Representatives Law in recent years. Third, the draft amendment was printed and distributed to relevant central departments, various special committees and relevant working bodies of the National People's Congress, the Standing Committees of the People's Congresses of provinces (autonomous regions, municipalities directly under the Central Government) and some cities with districts, grassroots legislative contact points, and relevant organizations and research institutions for comments. Fourth, we held seminars many times to listen to the opinions and suggestions of the Representatives Working Committees of the Standing Committees of the People's Congresses of provinces (autonomous regions, municipalities directly under the Central Government), some National People's Congress deputies, experts and scholars, and grassroots people. Fifth, conduct special research in some places to gain an in-depth understanding of the new practices and experiences of NPC deputies in performing their duties and the work of deputies at all levels and their standing committees in recent years.
In early November 2024, the 12th meeting of the 14th NPC Standing Committee held its first review of the draft amendment to the Deputies Law. At the end of December of the same year, the 13th meeting of the 14th NPC Standing Committee reviewed the draft amendment to the Deputies Law again and decided to submit it to the 3rd meeting of the 14th NPC for review. After being reviewed by the NPC Standing Committee at two meetings, the draft amendment to the Deputies Law was published twice on the Chinese NPC website to solicit public opinions; the draft amendment was distributed to NPC deputies, and NPC deputies were organized to study, discuss and solicit opinions. All parties agreed that the draft amendment thoroughly implements General Secretary Xi Jinping’s important thoughts on upholding and improving the people’s congress system, thoroughly summarizes the practical experience of NPC deputies in the new era, improves the system and mechanism for NPC deputies to perform their duties, and strengthens the protection and supervision of deputies’ performance of their duties. It is of great significance to give full play to the role of deputies in developing the whole process of people’s democracy, uphold, improve and operate the people’s congress system well, and improve the whole process of people’s democracy system.
On February 7, 2025, the National People's Congress Constitution and Law Committee held a meeting to further revise and improve the draft amendment to the Representative Law based on the deliberation opinions of the members of the Standing Committee of the National People's Congress, the opinions raised by the representatives during the study and discussion, and the opinions of all parties. The Constitution and Law Committee believes that after two meetings of the Standing Committee of the National People's Congress, extensive solicitation of opinions, and repeated revisions and improvements, the draft amendment to the Representative Law has fully absorbed the opinions and suggestions of all parties and has become relatively mature. Based on this, the "Representative Law of the National People's Congress of the People's Republic of China and Local People's Congresses at All Levels (Draft Amendment)" submitted to this meeting for deliberation was formed.
3. Main contents of the draft amendment to the Representative Law
The draft amendment to the Representative Law has a total of 34 articles, and the main revisions are as follows:
(I) Enrich the application of the general provisions
Implement the decisions and arrangements of the Party Central Committee and highlight the political requirements for representatives to perform their duties. First, implement the provisions of the Constitution, reflect the major theoretical innovations of the Party in the new era, clarify that deputies should adhere to the leadership of the Party and the guiding ideology of the Party and the country, and add provisions: Deputies to the National People's Congress and local people's congresses at all levels should adhere to the leadership of the Communist Party of China, adhere to Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, unswervingly follow the path of political development of socialism with Chinese characteristics, and follow the principle of democratic centralism (Article 2 of the revised draft). Second, implement the spirit of the Central People's Congress Work Conference, clarify the responsibilities and missions of deputies in upholding, improving and operating the people's congress system, and add provisions: Deputies to the National People's Congress and local people's congresses at all levels should take it as their responsibility to uphold, improve and operate the people's congress system, be politically firm, serve the people, respect the rule of law, promote democracy, and be diligent and responsible, and perform their duties for the construction of people's congresses at all levels and their standing committees as political organs that consciously adhere to the leadership of the Communist Party of China, state power organs that ensure that the people are masters of the country, working organs that fully assume the various responsibilities entrusted by the Constitution and laws, and representative organs that always maintain close contact with the people (Article 3 of the revised draft). Third, implement the important concept of full-process people's democracy, clarify the principle and requirement of representatives to keep close contact with the people, and add provisions: Representatives of the National People's Congress and local people's congresses at all levels should adhere to the people-centered approach, practice full-process people's democracy, always keep close contact with the people, faithfully represent the interests and will of the people, and consciously accept the supervision of the people (Article 3 of the revised draft). Fourth, clarify the duties and missions of representatives to be loyal to the Constitution and their important role in promoting the rule of law in all respects, and add provisions: Representatives of the National People's Congress and local people's congresses at all levels should be loyal to the Constitution, carry forward the spirit of the Constitution, safeguard the authority of the Constitution, safeguard the unity and dignity of the socialist legal system, and contribute to promoting the rule of law in all respects and building a socialist rule of law country at a higher level (Article 3 of the revised draft). Fifth, improve the relevant provisions on the rights and obligations of representatives, and add provisions that representatives "participate in various performance activities during the recess of the people's congress at this level"; "participate in elections and voting", "observe meeting disciplines", "take the lead in practicing the core socialist values, forge a strong sense of community of the Chinese nation, and consciously abide by socialist morality" (Articles 4 and 5 of the revised draft).
(II) Expand and deepen the institutional mechanisms of "two links"
Implement the requirements of the Party Central Committee on strengthening the links between state organs and NPC deputies and between NPC deputies and the people, summarize practical experience, and improve relevant institutional mechanisms: First, clarify the principle requirements for state organs to contact deputies, and add provisions: Standing Committees of the People's Congresses at or above the county level and presidiums of township people's congresses should maintain close contact with deputies, enrich the content and forms of deputies' contact with the people, strengthen the capacity building of deputies' work, support and guarantee deputies to perform their duties in accordance with the law, and give full play to the role of deputies; people's governments, supervisory committees, people's courts, and people's procuratorates at all levels should strengthen contact with deputies, listen to the opinions and suggestions of deputies, and strengthen and improve all aspects of work (Article 6 of the revised draft). Second, further improve the system of deputies contacting the people, and add provisions: local people's congresses at or above the county level or township people's congress presidiums should regularly organize deputies to carry out activities to contact the people, listen to and reflect the opinions and suggestions of the people in accordance with the principle of locality and proximity (Article 12 of the revised draft). Third, further improve the system of deputies contacting deputies by the Standing Committee of the People's Congress, clarify that the Standing Committee of the People's Congress at or above the county level should adopt various means to maintain contact with deputies at the same level, establish and improve the working mechanism for members of the Standing Committee and various special committees and working bodies of the Standing Committee to contact deputies, and expand the participation of deputies in legislation, supervision and other work; township people's congress chairmen and vice chairmen are responsible for contacting deputies at the same level during the recess of the congress (Article 21 of the revised draft). Fourth, improve the system of "one government, one committee, and two courts" contacting representatives, and add provisions: People's governments at all levels and their subordinate departments, supervision committees, people's courts and people's procuratorates, according to the overall arrangement of the Standing Committee of the People's Congress at the same level, invite representatives to participate in relevant work and activities, and listen to the opinions and suggestions of representatives (Article 23 of the revised draft).
(III) Improve relevant provisions on the capacity building of people's congress representatives
Implement the requirements of the Party Central Committee on strengthening the capacity building of people's congress representatives, connect with the local organization law and relevant decisions of the Standing Committee of the National People's Congress, and clarify the representative work institutions and representative work plans. First, add provisions: Standing Committees of the People's Congresses at or above the county level shall establish representative work committees as the working institutions of the Standing Committees (Article 6 of the revised draft). Second, add provisions: Standing Committees of the People's Congresses at or above the county level shall formulate annual representative work plans; the annual representative work plans shall be adopted by the Chairman's Meeting or the Director's Meeting, reported to the people's congress representatives at the same level, and announced to the public (Article 20 of the revised draft).
(IV) Improve relevant provisions on the work of representatives during the meetings of the People's Congress at the same level
The work of representatives during the meetings of the People's Congress at the same level is a concentrated reflection of the performance of their duties. In light of the actual practice of deputies performing their duties in accordance with the law during the congress in recent years, the relevant provisions are improved: First, it is further clarified that deputies should listen to the opinions and suggestions of the people in various ways before attending the People's Congress at this level, carefully study the proposals and reports to be submitted to the meeting for deliberation according to the arrangement, and prepare for the performance of their duties as deputies during the meeting (Article 7 of the revised draft). Second, in accordance with practical practices, it is clarified that deputies to the People's Congress at or above the county level shall form delegations according to electoral units, administrative regions, etc.; township deputies to the People's Congress may form delegations according to actual needs (Article 8 of the revised draft).
(V) Improve the relevant provisions on the activities of deputies during the recess of the People's Congress at this level
The participation of deputies in activities during the recess of the Congress is an important way for deputies to perform their duties in accordance with the law. In light of the practical practices in recent years, the activities of deputies during the recess of the Congress are further standardized. First, the composition of the representative group is improved, and it is clarified that deputies to the People's Congress at or above the county level shall form representative groups "according to regions, fields, etc." (Article 11 of the revised draft). Second, to implement the spirit of the Central People's Congress Work Conference, and based on practical practices, add provisions: According to arrangements, deputies to the People's Congress at or above the prefecture-level city can also conduct inspections and special research across the original electoral units within their administrative regions (Draft Amendment Articles 13 and 14). Third, on the basis of the existing requirements for deputies to inspect, it is clarified that when deputies participate in special research activities, they can also make suggestions, criticisms and opinions to relevant agencies and organizations, but they do not directly deal with problems (Draft Amendment Article 15). Fourth, further expand the participation of deputies in the work of the Standing Committee of the People's Congress and special committees, and add provisions: deputies to the People's Congress at or above the county level can be invited to participate in relevant meetings organized by the Standing Committee of the People's Congress at the same level, various special committees and the office and working agencies of the Standing Committee (Draft Amendment Article 16). Fifth, it is clarified that county-level deputies can attend the township people's congress meetings where the original constituency is located (Draft Amendment Article 17).
(VI) Improve relevant provisions on safeguards for deputies to perform their duties
In order to implement the decisions and arrangements of the CPC Central Committee and based on practical practices, the relevant provisions on safeguards for deputies to perform their duties have been amended and improved as follows: First, based on the opinions of local governments and in line with the relevant provisions of the Local Organization Law, it is clarified that deputies shall perform their duties as deputies in accordance with the law, and the state shall provide round-trip travel expenses and necessary material conveniences or subsidies as needed (Article 19 of the revised draft). Second, it is added that the Standing Committees of the People's Congresses at or above the county level may use modern information technology to establish and improve a network platform for deputies to perform their duties, and provide convenience and services for deputies to perform their duties in accordance with the law and strengthen their learning and training in performing their duties (Article 22 of the revised draft). Third, it is improved that the system of learning and training for deputies to perform their duties shall be clarified, and it is clarified that deputies shall study and implement the theories, lines, principles and policies of the Communist Party of China, be familiar with the Constitution and the system of people's congresses, and master the legal knowledge and other professional knowledge required for performing their duties; township people's congress deputies shall participate in the learning and training for deputies to perform their duties organized by the Standing Committees of the People's Congresses at higher levels and the presidiums of township people's congresses (Article 24 of the revised draft). Fourth, based on practical practices, it is added that when deputies with physical disabilities or other inconveniences in moving perform their duties as deputies, the relevant departments shall provide necessary assistance and care as needed (Article 28 of the revised draft). Fifth, strengthen the publicity of deputies’ performance of duties, and add provisions: The Standing Committees of the People’s Congresses at or above the county level shall publicize the typical deeds of deputies performing their duties and playing their roles in accordance with the law through various means, and show the vivid practice of deputies practicing the whole process of people’s democracy (Article 29 of the revised draft).
(VII) Improve the mechanism for handling deputies’ proposals and suggestions
According to practical practices, in line with relevant legal provisions, ensure that deputies put forward proposals and suggestions in accordance with the law, improve the quality of handling proposals and suggestions, and better play the role of deputies. First, improve the mechanism for handling deputies’ proposals, and add provisions: The special committees of the People’s Congresses at or above the county level shall communicate with the deputies, fully listen to their opinions, and promptly report the situation when reviewing the deputies’ proposals delivered by the presidium of the conference (Article 25 of the revised draft). Second, improve the system for the assignment and reporting of deputies’ suggestions, and clarify that the suggestions, criticisms and opinions put forward by deputies on various aspects of work shall be submitted to the relevant organs and organizations for research and handling by the office agencies, working agencies of the Standing Committees of the People’s Congresses at the same level or the presidiums of the township people’s congresses. The handling of the suggestions, criticisms and opinions of the deputies shall be reported to the Standing Committee of the People's Congress at the same level by the office, working body or relevant organs and organizations of the Standing Committee, and the report shall be printed and distributed to the next meeting of the People's Congress; or the presidium of the township people's congress shall report to the township people's congress (Article 26 of the revised draft). Third, the supervision mechanism of the suggestions of the deputies shall be clarified, and the following provisions shall be added: the relevant special committees of the people's congresses at or above the county level and the office and working bodies of the Standing Committee, and the presidium of the township people's congress shall strengthen the supervision and handling of the suggestions, criticisms and opinions of the deputies; the chairman's meeting or the director's meeting may focus on the major issues and major matters related to economic and social development and the vital interests of the people and the general public, and determine the suggestions, criticisms and opinions of the deputies that shall be supervised and handled (Article 27 of the revised draft).
(VIII) Improve the relevant provisions on the management and supervision of the performance of the duties of the deputies
Implement the decisions and arrangements of the Party Central Committee and strengthen the management and supervision of the performance of the duties of the deputies. First, the political responsibilities of the deputies shall be clarified, and the following provisions shall be added: the deputies shall have a firm political stance, fulfill their political responsibilities, strengthen the construction of ideological style, consciously accept supervision, and consciously maintain the image of the deputies (Article 30 of the revised draft). Second, in line with the relevant provisions of the Local Organization Law, the system of reporting on the performance of duties of representatives is improved. On the basis of the current provisions that representatives directly elected by voters should report their performance of duties to voters in their original constituencies in various ways, it is added that representatives elected indirectly should report their performance of duties to their original election units; it is clarified that the Standing Committees of the People's Congresses at or above the county level and the Presidiums of the Township People's Congresses should record the performance of duties of representatives, regularly organize representatives to report on their performance of duties, and publicize the basic information and performance information of representatives (Article 31 of the revised draft). Third, it is further clarified that representatives shall not use their representative duties to interfere in specific law enforcement cases or engage in commercial activities in disguise to seek personal interests (Article 32 of the revised draft). Fourth, based on actual practices, the provision of "ordering to resign" is added in the case of termination of representative qualifications (Article 33 of the revised draft).
(IX) Supplement relevant contents to meet the needs of the reform of the supervision system
According to the 2018 constitutional amendment, in conjunction with the National People's Congress Organization Law, Local Organization Law, Supervision Law and other relevant laws, the following supplementary improvements have been made to the relevant contents of the Supervision Committee: First, the relevant expression of "Chairman of the Supervision Committee" has been added to the provisions on the participation of NPC deputies in the election and removal of leaders of state institutions (Articles 9 and 34 of the revised draft). Second, the relevant expression of "Supervision Committee" has been added to the scope of objects for deputies to raise inquiries in accordance with the law (Article 34 of the revised draft). Third, it is clarified that the Supervision Committee shall promptly report the work situation to the NPC deputies at the same level, provide information and materials, and safeguard the deputies' right to know (Article 23 of the revised draft).
In addition, some modifications and improvements have been made in terms of wording and legal connection, and the order of individual articles has been adjusted.
Please review the "Law of the People's Republic of China on Deputies to the National People's Congress and Local People's Congresses at All Levels (Draft Amendment)" and the above explanations.
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