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What are the legitimate sphere of influence of the NPC and its Standing Committee?

The Constitution sets out the framework within which all state organs at various levels have powers to enact laws commensurate with their status and legitimate spheres of influence.

The National People's Congress has legislative rights:

  • to make amendments to the Constitution (proposed either by the Standing Committee or by more than one-fifth of the NPC deputies and to be adopted they require a majority of not less than two-thirds of the deputies)
  • to enact and amend the basic criminal and civil law;
  • to enact and amend the basic laws concerning the organization of the organs of state;
  • to enact and amend other basic laws including those relating to elections, nationality and marriage.

The NPC Standing Committee has legislative rights:

  • to enact and amend statutes (other than those reserved for NPC action);
  • to enact supplements and amendments to statutes as enacted by the National People's Congress (limited to times when the NPC itself is not in session and subject to them not running counter to the basic principles of the statutes);
  • to interpret the Constitution and laws;
  • to annul any administrative rule, regulation, decision or order of the State Council found to contravene the Constitution or the statutes of the state'
  • to annul any local regulation or decision of an organ of state power at the provincial level that contravenes the Constitution, statues or administrative rules and regulations of the state.

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