Title: Legislation Law of the People's Republic of China Promulgating Entities: The National People's Congress Reference number: Promulgation Date: 2023-3-13 Expiration date: Source of text: http://www.npc.gov.cn/npc/kgfb/202303/eb5e0e60ff5f43f7a3bfa2a10bbee6ba.shtml
Table of Contents
Chapter I: General Provisions
Chapter II: [National] Law
Section 1: Legislative Authority
Section 2: Legislative Procedure of the National People’s Congress
Section 3: Legislative Procedures of the Standing Committee of the National People’s Congress
Section 4: Legislative Interpretation
Section 5: Other Provisions
Chapter III: Administrative Regulations
Chapter IV: Local Regulations, Autonomous Regulations, and Separate Regulations and Rules
Section 1: Local Regulations; Autonomous Regulations and Separate Regulations
Section 2: [Local and Administrative] Rules
CHAPTER V: APPLICATION; RECORDING AND REVIEW
Chapter VI: Supplementary Provisions
Chapter I: General Provisions
Article 1:This Law is formulated on the basis of the Constitution to standardize legislative activities, perfect the nation’s legislative system, increase the quality of legislation, improve the socialist legal system with Chinese characteristics, give play to the leading and driving roles of legislation, safeguard and develop socialist democracy, comprehensively advance governing the country according to law, and build a socialist country under the rule of law.
Article 2:This Law applies to the formulation, revision, and repeal of laws, administrative regulations, local regulations, as well as autonomous regulations and separate regulations.
The formulation, revision, and repeal of State Council departmental rules and local government rules are to be carried out in accordance with the relevant provisions of this Law.
Article 3:Lawmaking shall adhere to the leadership of the Communist Party of China and adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to promote the development of a system of socialism rule of law with Chinese characteristics and to safeguard the construction of a modern socialist country in all respects under the rule of law.
Article 4:Lawmaking shall adhere to the central task of economic development, adhere to reform and opening up, and apply the new development philosophy to ensure the advancement the rejuvenation of the Chinese nation on all fronts through a Chinese path to modernization.
Article 5:Lawmaking shall conform to the provisions, principles, and spirits of the Constitution, follow legally prescribed authority and procedures, serve the overall national interest, and safeguard the uniformity, dignity, and authority of the socialist legal system.
Article 6: Lawmaking shall adhere to and develop whole-process people’s democracy, respect and safeguard human rights, and safeguard and promote social fairness and justice.
Lawmaking shall reflect the will of the people, promote socialist democracy, persist in legislative openness, and ensure that the people participate in legislative activities through various channels.
Article 7:Legislation shall be based on reality, suit the needs of economic and social development and of comprehensively deepening reforms, and scientifically and reasonably prescribe the rights and obligations of citizens, legal persons, and other organizations, and the powers and duties of state organs.
Legal norms shall be clear, specific, targeted, and enforceable.
Article 8: Lawmaking shall promote and carry forward the Core Socialist Values, persist in governing the country according to a combination of law and virtue, forge a strong sense of community for the Chinese nation, and promote socialist spiritual advancement.
Article 9: Lawmaking shall meet the needs of reform; persist in the unity of advancing reforms under the rule of law and improving the rule of law during reforms; lead, advance, regulate, and safeguard the relevant reforms; and give play to the important role of the rule of law in modernizing the State’s system and capacity for governance.
Chapter II: [National] Law
Section 1: Legislative Authority
Article 10:The National People’s Congress and its Standing Committee are to exercise the legislative power of the State in accordance with the provisions of the Constitution.
The National People’s Congress formulates and amends basic criminal and civil laws, basic laws governing state organs, and other basic laws.
The Standing Committee of the National People’s Congress formulates and amends laws other than those that shall be formulated by the National People’s Congress, and partially amends and supplements laws formulated by the National People’s Congress when the National People’s Congress is not in session, but must not contravene the basic principles of those laws.
The National People’s Congress may authorize the Standing Committee of the National People’s Congress to formulate relevant laws.
Article 11:Only laws may be formulated on the following matters:
(1) matters of state sovereignty;
(2) the establishment, organization, functions, and powers of the various levels of people’s congresses, people’s governments, supervision commissions, people’s courts, and people’s procuratorates;
(3) the system of ethnic regional autonomy, the systems of special administrative regions, and the system of basic-level self-governance;
(4) crimes and criminal punishments;
(5) deprivation of citizens’ political rights as well as compulsory measures and punishments that restrict physical liberty;
(6) basic systems for taxation such as the establishment of taxes, determination of tax rates, and the collection and management of taxes;
(7) expropriation and requisition of non-state-owned assets;
(8) basic systems of civil law;
(9) basic economic systems, and basic fiscal, customs, financial, and foreign-trade systems;
(10) litigation systems and basic arbitration systems;
(11) other matters on which laws must be formulated by the National People’s Congress or its Standing Committee.
Article 12:Where no law has been formulated on matters provided for in Article 11 of this Law, the National People’s Congress and its Standing Committee have the power to make a decision authorizing the State Council to first formulate administrative regulations on some of those matters according to actual needs, except for matters relating to crime and criminal punishments, deprivation of citizens’ political rights and compulsory measures and punishments that restrict physical liberty, and the judicial system.
Article 13:An authorizing decision shall specify matters such as the purpose, subject matter, scope, and duration of the authorization, and the principles that the authorized organ shall follow in implementing the authorizing decision.
The duration of an authorization must not exceed five years, except as otherwise provided by the authorizing decision.
Six months before the duration of the authorization is completed, the authorized organ shall report to the authorizing organs on the status of carrying out the authorizing decision, and submit an opinion on whether or not it is necessary to formulate relevant law; where it is necessary to continue the authorization, an opinion may be submitted to that effect, and the National People's Congress and its Standing Committee will make a decision.
Article 14:When, as tested by practice, the conditions are ripe for formulating a law on the subject matter of a legislative authorization, the National People’s Congress or its Standing Committee is to promptly formulate a law. After the law is formulated , the authorization for that legislative matter is concluded.
Article 15:Authorized organs shall strictly follow the authorization decisions in exercising the authorized powers.
Authorized organs must not transfer authorized powers to other organs.
Article 16:The National People’s Congress and its Standing Committee may, as needed for reform and development, decide to authorize temporary adjustments to, or temporary suspension of, the application of some provisions of laws on specific matters within the prescribed time period and scope.
For matters with respect to which the application of some provisions of laws has been temporarily adjusted or temporarily suspended, where they have proven to be feasible in practice, the National People’s Congress or its Standing Committee is to promptly amend the relevant laws; where the conditions for amending the laws are not yet ripe, the duration of the authorization may be extended, or the application of the relevant provisions of laws may be resumed.
Section 2: Legislative Procedure of the National People’s Congress
Article 17:The Presidium of the National People’s Congress may submit legislative bills to the National People’s Congress for deliberation by a session of the National People’s Congress.
The Standing Committee of the National People’s Congress, State Council, Central Military Commission, State Supervision Commission, Supreme People’s Court, Supreme People’s Procuratorate, and various special committees of the National People’s Congress may submit to the National People’s Congress legislative bills, which are to be placed on the agenda of a session as decided by the Presidium.
Article 18:A delegation, or at least 30 delegates acting jointly, may submit legislative bills to the National People’s Congress; the Presidium is to decide whether to place them on the agenda of a session, or may first refer them to the relevant special committees for deliberation and the submission of opinions on whether to place them on the agenda of a session, and then decide whether to place them on the agenda of a session.
When conducting deliberations, the special committees may invite bill sponsors to attend the meetings and express opinions.
Article 19: When the National People’s Congress is not in session, a legislative bill submitted to it may first be submitted to the Standing Committee, which, after having deliberated the bill in accordance with the relevant procedures set forth in Section 3 of Chapter II of this Law, is to decide to submit it to the National People’s Congress for deliberation, and the Standing Committee or the bill sponsor is to make an explanation to a plenary meeting of the Congress.
In deliberating legislative bills in accordance with the provisions of the previous paragraph, the Standing Committee shall solicit opinions from the delegates to the National People’s Congress in various ways, and give feedback on the relevant situations; in conducting legislative investigations and research, the special committees and working bodies of the Standing Committee may invite the relevant delegates to the National People’s Congress to participate.
Article 20:For a legislative bill that the Standing Committee has decided to submit to a session of the National People’s Congress for deliberation, [the Standing Committee] shall distribute the draft law to the delegates one month before the session convenes, and may at the appropriate time organize the delegates to study and discuss [it] and solicit their opinions.
Article 21:For a legislative bill that has been placed on the agenda of a session of the National People’s Congress, the delegations are to conduct deliberations after the Congress hears an explanation by the sponsor at a plenary meeting.
When the delegations deliberate a legislative bill, the sponsor shall send personnel to listen to opinions and answer questions.
When the delegations deliberate a legislative bill, the relevant organs and organizations shall send personnel to provide briefings based on the delegations’ requests.
Article 22:Legislative bills that have been placed on the agenda of a session of the National People’s Congress are to be deliberated by the relevant special committees, which are to submit deliberation opinions to the Presidium, and [such opinions] are to be printed and distributed to the session.
Article 23: For a legislative bill that has been placed on the agenda of a session of the National People’s Congress, the Constitution and Law Committee is to conduct unified deliberations based on the deliberation opinions of the delegations and the relevant special committees, and submit a report on the results of deliberations and a revised version of the draft law to the Presidium, and shall explain the issues of constitutionality involved and the major dissenting views in the report on the results of deliberations; [the report and the revised version] are to be printed and distributed to the session after they are approved by the Presidium after deliberation.
Article 24:For a legislative bill that has been placed on the agenda of a session of the National People’s Congress, when necessary, the Executive Chairpersons of the Presidium may convene a meeting of the heads of the delegations to hear the deliberation opinions of the delegations on major issues in the legislative bill, conduct discussions, and report to the Presidium on the discussions and the opinions expressed.
The Executive Chairpersons of the Presidium may also convene the relevant delegates selected by the delegations to discuss the major specialized issues in the legislative bills, and report to the Presidium on the discussions and the opinions expressed.
Article 25:Where the sponsor requests to withdraw a legislative bill that has been placed on the agenda of a session of the National People’s Congress before it is put to a vote, it shall explain the reasons, and deliberation of the legislative bill is to end once the Presidium gives consent and reports to the Congress.
Article 26:Where there are major issues that require further study in the deliberation of a legislative bill, as proposed by the Presidium and decided by a plenary meeting of the Congress, the Standing Committee may be authorized to conduct further deliberations based on the delegates’ opinions, make a decision, and report to the next session of the National People’s Congress on the decision; the Standing Committee may also be authorized to conduct further deliberations based on the delegates’ opinions, put forward a revision plan, and submit it to the next session of the National People’s Congress for deliberation and decision.
Article 27:Upon deliberation by the delegations, the Constitution and Law Committee is to revise the revised version of a draft law based on the deliberation opinions of the various delegations and put forward a voting version of the draft law, which is to be submitted by the Presidium to a plenary meeting of the Congress for a vote and to be adopted by a simple majority of all delegates.
Article 28:Laws adopted by the National People’s Congress are to be promulgated by presidential orders signed by the President of the People’s Republic of China.
Section 3: Legislative Procedures of the Standing Committee of the National People’s Congress
Article 29:The Council of Chairpersons may submit legislative bills to the Standing Committee for deliberation by Standing Committee sessions.
The State Council, Central Military Commission, State Supervision Commission, Supreme People’s Court, Supreme People’s Procuratorate, and various special committees of the National People’s Congress may submit legislative bills to the Standing Committee; the Council of Chairpersons is to decide to place them on the agenda of a Standing Committee session, or may first refer them to the relevant special committees for deliberation and the submission of reports, and then decide to place on them on the agenda of a Standing Committee session. If the Council of Chairpersons finds that a bill has major issues that require further study, it may recommend that the sponsor revise and improve the bill before submitting it to the Standing Committee.
Article 30: Ten or more constituent members of the Standing Committee may jointly submit legislative bills to the Standing Committee; the Council of Chairpersons is to decide whether to place them on the agenda of a Standing Committee session, or may first refer them to the relevant special committees for deliberation and the submission of opinions on whether to place them on a session’s agenda, and then decide whether to place them on the agenda of a Standing Committee session. Where [a bill] is not placed on the agenda of a Standing Committee session, a report shall be made to a Standing Committee session or an explanation given to the sponsor.
When conducting deliberations, the special committees may invite bill sponsors to attend the meetings and express opinions.
Article 31:For a legislative bill that has been placed on the agenda of a Standing Committee session, except in special circumstances, the draft law shall be distributed to the constituent members of the Standing Committee seven days before the session convenes.
When a Standing Committee session deliberates legislative bills, the relevant delegates to the National People’s Congress shall be invited to attend the session as non-voting attendees.
Article 32:A legislative bill that has been placed on the agenda of a Standing Committee session generally shall be deliberated at three Standing Committee sessions before being put to a vote.
During the initial deliberation of the bill at a Standing Committee session, an explanation by the sponsor is to be heard at a plenary meeting, and group meetings are to conduct preliminary deliberations.
During the second deliberation of the bill at a Standing Committee session, a report by the Constitution and Law Committee on the status of revisions and major issues regarding the draft law is to be heard at a plenary meeting, and group meetings are to conduct further deliberations.
During the third deliberation of the bill at a Standing Committee session, a report by the Constitution and Law Committee on the results of deliberation of the draft law is to be heard at a plenary meeting, and group meetings are to deliberate a revised version of the draft law.
When deliberating bills, the Standing Committee may convene joint group meetings or plenary meetings, as necessary, to discuss the major issues in the draft law.
Article 33:For a legislative bill that has been placed on the agenda of a Standing Committee session, where the various parties have largely formed a consensus, it may be put to a vote after deliberation by two Standing Committee sessions; where a legislative bill makes relatively narrow adjustments or partial amendments and the various parties have largely formed a consensus, or where there is an emergency situation, [the bill] may also be put to a vote after deliberation by a single Standing Committee session.
Article 34:When the Standing Committee deliberates a legislative bill at group meetings, the sponsor shall send personnel to listen to opinions and answer inquiries.
When the Standing Committee deliberates a legislative bill at group meetings, the relevant organs or organizations shall send personnel to provide briefings as requested by a group.
Article 35:Legislative bills that have been placed on the agenda of a Standing Committee session are to be deliberated by the relevant special committees, which are to submit deliberation opinions to be printed and distributed to the Standing Committee session.
When deliberating legislative bills, the relevant special committees may invite members of other special committees to attend the meetings as non-voting attendees and express opinions.
Article 36:For a legislative bill that has been placed on the agenda of a Standing Committee session, the Constitution and Law Committee is to conduct unified deliberations based on the deliberation opinions of constituent members of the Standing Committee and of the relevant special committees, as well as the opinions of various parties, and is to submit a report on the status of revisions or a report on the results of deliberations and a revised version of the draft law, and shall explain the issues of constitutionality involved and the major dissenting views in the report [on the status of revisions] or the report on the results of deliberations. Where the deliberation opinions of the relevant special committees are not adopted, feedback shall be provided to the relevant special committees.
When the Constitution and Law Committee deliberates legislative bills, it shall invite members of the relevant special committees to attend the meetings as non-voting attendees and express opinions.
Article 37:When deliberating legislative bills, the special committees shall convene plenary meetings to conduct deliberations, and as necessary, may request the relevant organs or organizations to send the relevant responsible persons to provide briefings.
Article 38:When there is disagreement among the special committees on an important issue in a draft law, they shall report to the Council of Chairpersons.
Article 39:For a legislative bill that has been placed on the agenda of a Standing Committee session, the Constitution and Law Committee, relevant special committees, and working bodies of the Standing Committee shall hear the opinions of various parties. Opinions may be heard using various methods, such as symposia, debate sessions, and hearings.
Where issues related to legislative bills are of a more specialized nature, and it is necessary to conduct an appraisal of their feasibility, a debate session shall be convened to hear opinions from sources such as relevant experts, departments, and delegates of the National People's Congress. Reports on the debate shall be made to the Standing Committee.
Where there are major divergent opinions on issues related to legislative bills, or such issues involve major adjustments of interest relationships, and it is necessary to conduct a hearing, hearings shall be held to hear the opinions of relevant basic-level and group representatives, departments, mass organizations, experts, delegates of the National People’s Congress, and relevant aspects of the society. Reports on the hearings shall be made to the Standing Committee.
The working bodies of the Standing Committee shall distribute draft laws to the delegates to the National People’s Congress in the relevant fields, the standing committees of local people’s congresses, as well as relevant departments, organizations, and experts, to solicit their opinions.
Article 40:For a legislative bill that has been placed on the agenda of a Standing Committee session, the draft law and an explanation of its drafting or revision, etc. shall be released to the public for comment after the Standing Committee session, except where the Council of Chairpersons decides not to release them. The period for releasing [a draft] to the public for comment is usually not to be less than thirty days. A report on the solicitation of comments shall be made to the public.
Article 41:For a legislative bill that has been placed on the agenda of a Standing Committee session, the working bodies of the Standing Committee shall collect and compile the opinions expressed at group deliberations, opinions submitted by all sources, and other relevant materials, distribute them to the Constitution and Law Committee and relevant special committees, and, as necessary, print and distribute them to Standing Committee sessions.
Article 42:For a legislative bill that is intended to be submitted to a Standing Committee session for adoption after deliberation, before the Constitution and Law Committee submits a report on the results of deliberations, the working bodies of the Standing Committee may conduct evaluations of issues such as the feasibility of major schemes and norms in the draft law, the timing of the law’s enactment, the social impact of the law’s implementation, and the problems that might emerge. The Constitution and Law Committee is to explain the outcome of the evaluations in the report on the results of deliberations.
Article 43:Where the sponsor requests to withdraw a legislative bill that has been placed on the agenda of a session of the Standing Committee of the National People’s Congress before it is put to a vote, it shall explain the reasons, and deliberation of the legislative bill is to end once the Presidium gives consent and reports to the Congress.
Article 44:Upon deliberation by a Standing Committee session, the Constitution and Law Committee is to revise the revised version of a draft law based on the deliberation opinions of constituent members of the Standing Committee and put forward a voting version of the draft law, which is to be submitted by the Council of Chairpersons to a plenary meeting of the Standing Committee for a vote and to be adopted by a simple majority of all constituent members of the Standing Committee.
Before the voting version of a draft law is presented to a Standing Committee session for a vote, the Council of Chairpersons may decide, based on the deliberations of Standing Committee sessions, to submit individual important provisions on which opinions greatly differ to a Standing Committee session for separate votes.
After a Standing Committee session votes on provisions submitted for separate votes, based on the results of the separate votes, the Council of Chairpersons may decide to submit the voting version of the draft law for a vote, or may also decide to temporarily not submit it for a vote, and refer it to the Constitution and Law Committee and relevant special committees for further deliberations.
Article 45:Where deliberation of a legislative bill that has been placed on the agenda of a Standing Committee session has been deferred for two years because the various parties have large differences of opinion on major issues such as the necessity or feasibility of formulating this law, or where such a bill has not been placed on the agenda of a Standing Committee session for deliberation for two years because a vote on it was temporarily postponed, the Council of Chairpersons may decide to end its deliberation and reports to the Standing Committee; and, when necessary, may also decide to postpone its deliberation.
Article 46: Where legislative bills are submitted together to revise individual provisions in multiple laws that involve similar matters, they may be voted on together or may also be voted on separately, as decided by the Council of Chairpersons.
Article 47:Laws adopted by the Standing Committee are to be promulgated by presidential orders signed by the President of the People’s Republic of China.
Section 4: Legislative Interpretation
Article 48: The power to interpret laws belongs to the Standing Committee of the National People’s Congress.
Where a law has any of the following circumstances, the Standing Committee of the National People’s Congress is to make an interpretation:
(1) it is necessary to further clarify the specific meaning of a provision in the law;
(2) it is necessary to clarify the applicable legal basis in new circumstances that arise after the law’s formulation.
Article 49:The State Council, Central Military Commission, State Supervision Commission, Supreme People’s Court, Supreme People’s Procuratorate, and various special committees of the National People’s Congress may submit requests for legislative interpretation or relevant legislative bills to the Standing Committee of the National People’s Congress.
The standing committees of the people’s congresses of the provinces, autonomous regions, and directly governed municipalities may submit requests for legislative interpretation to the Standing Committee of the National People’s Congress.
Article 50:The working bodies of the Standing Committee are to research and prepare draft legislative interpretations, which are to be placed on the agenda of a Standing Committee session as decided by the Council of Chairpersons.
Article 51:Upon deliberation by a Standing Committee session, the Constitution and Law Committee is to deliberate and revise a draft legislative interpretation based on the deliberation opinions of constituent members of the Standing Committee, and submit a voting version of the draft legislative interpretation.
Article 52: The voting version of a draft legislative interpretation is to be adopted by a simple majority of all constituent members of the Standing Committee and promulgated by a public announcement of the Standing Committee.
Article 53: Legislative interpretations issued by the Standing Committee of the National People’s Congress have the same force as laws.
Section 5: Other Provisions
Article 54: The National People's Congress and its Standing Committee are to strengthen the organization and coordination of legislative work, and play a leading role in legislative work.
Article 55: The National People’s Congress and its Standing Committee are to persist in rational lawmaking, democratic lawmaking, and lawmaking according to law, and are to make legislation more systematic, holistic, coordinated, and responsive through a variety of means, such as formulating, revising, repealing, and interpreting laws as well as compiling legal codes.
Article 56: The Standing Committee of the National People’s Congress is to strengthen the overall arrangement of legislative work through [five-year] legislative plans, annual legislative plans, special legislative plans, and other such means. The drafting of [five-year] legislative plans and [annual or special] legislative plans shall earnestly study delegates’ bills and suggestions, widely solicit opinions, scientifically debate and evaluate, and determine legislative projects based on the needs of economic and social development and the development of democracy and the rule of law, and in accordance with the requirements to step up legislation in key, emerging, and foreign-related fields. [Five-year] legislative plans and [annual or special] legislative plans are to be adopted by the Council of Chairpersons and released to the public. [Five-year] legislative plans and [annual or special] legislative plans are to be adopted by the Council of Chairpersons and released to the public.
The working bodies of the Standing Committee of the National People’s Congress are responsible for preparing [five-year] legislative plans and drafting [annual or special] legislative plans, and are to supervise and urge the implementation of [five-year] legislative plans and [annual or special] legislative plans as requested by the Standing Committee of the National People’s Congress.
Article 57:The relevant special committees of the National People’s Congress and the working bodies of the Standing Committee shall participate in the relevant parties’ preparations of draft laws in advance; the relevant special committees or the working bodies of the Standing Committee may organize the drafting of important draft laws that are comprehensive, of overall importance, or fundamental.
For draft laws that are relatively specialized, experts from the relevant fields may be invited to participate in drafting efforts, or the relevant experts, teaching or scientific research institutions, or social organizations may be entrusted with the drafting.
Article 58: In submitting a legislative bill, [the sponsor] shall submit a text of the draft law and an accompanying explanation at the same time, and provide necessary reference materials. Where a law is to be revised, a comparison of the texts before and after the revision shall also be provided. The explanation of a draft law shall include the necessity and feasibility of formulating or revising the law and its main contents, relevant opinions on the issues of constitutionality involved, as well as the circumstances of coordinating and handling major differences of opinion during the drafting process.
Article 59: Before a legislative bill submitted to the National People’s Congress or its Standing Committee is placed on the agenda of a session, the sponsor has the right to withdraw it.
Article 60:For bills that were submitted to plenary meetings of the National People’s Congress or its Standing Committee for a vote and failed to pass, if the sponsors find it necessary to formulate such laws, they may re-submit them in accordance with the procedures prescribed by law, and the Presidium or the Council of Chairpersons is to decide whether to put them on a session’s agenda; among them, legislative bills that failed to be adopted by the National People’s Congress shall be submitted to the National People’s Congress for deliberation and decision.
Article 61: Laws shall specify the date for their implementation.
Article 62:A presidential order signed to promulgate a law is to set forth the law’s formulating organ, date of adoption, and effective date.
After a law is signed and promulgated, the text of the law as well as the draft law’s explanation, the report on the results of deliberations, etc., shall be promptly published in the Gazette of the Standing Committee of the National People’s Congress, on the National People’s Congress website, and in nationally circulated newspapers.
The text of laws as published in the Gazette of the Standing Committee of the National People's Congress is the standard text.
Article 63:The relevant provisions of this Chapter apply to the procedures for revising and repealing laws.
Where a law is revised, a new text of the law shall be promulgated.
The repeal of a law is to be promulgated by a presidential order signed by the President of the People’s Republic of China, except where the law is repealed by the provisions of another law.
Article 64:Where a draft law is inconsistent with relevant provisions in other laws, the bill sponsor shall provide an explanation and put forward proposals for handling [the inconsistencies]; and, when necessary, shall concurrently submit bills to revise or repeal the relevant provisions in other laws.
Where the Constitution and Law Committee or relevant special committee, in deliberating a legislative bill, finds it necessary to revise or repeal relevant provisions in other laws, it shall put forward proposals for handling [the inconsistencies].
Article 65: As required for its content, a law may be divided into parts, chapters, sections, articles, paragraphs, items, and sub-items.
Parts, chapters, sections, and articles are to be numbered with Chinese characters in numerical order; paragraphs are not to be numbered; the numbers for items are to be expressed as Chinese numbers in parentheses in numerical order; and the numbers for sub-items are expressed in Arabic numerals in numerical order.
The caption of a law’s title shall clearly state its formulating organ and date of adoption. For a law that has been revised, [the caption] shall clearly state each revising organ and date of revision in order.
The working bodies of the Standing Committee of the National People’s Congress are to compile technical specifications for legislation.
Article 66: Where a provision in a law clearly requires the relevant state organs to make specific accompanying provisions on special matters, the relevant state organs shall make such provisions within one year after the law takes effect, but where the law prescribes a different time period for formulating specific accompanying provisions, follow those provisions. Where the relevant state organs fail to make specific accompanying provisions within the time period, they shall explain the circumstances to the Standing Committee of the National People’s Congress.
Article 67:The relevant special committees of the National People’s Congress and working bodies of the Standing Committee may organize post-legislative evaluations of relevant laws or relevant provisions in laws. Reports on the evaluations shall be made to the Standing Committee. Reports on the evaluations shall be made to the Standing Committee.
Article 68:The relevant provisions of this Law apply to the decisions on legal issues made by the National People’s Congress and its Standing Committee.
Article 69: The working bodies of the Standing Committee of the National People’s Congress may study and respond to legal inquiries regarding specific issues and file [such responses] with the Standing Committee for recording.
Article 70: The working bodies of the Standing Committee of the National People’s Congress are to establish basic-level legislative outreach offices according to actual needs to thoroughly listen to the opinions of basic-level masses and relevant parties on draft laws and legislative work.
Article 71: The working bodies of the Standing Committee of the National People’s Congress are to strengthen efforts to publicize legislation, releasing information on legislation, providing briefings, or responding to concerns in various formats.
Chapter III: Administrative Regulations
Article 72: The State Council formulates administrative regulations in accordance with the Constitution and laws.
Administrative regulations may make provisions on the following matters:
(1) matters for which the formulation of administrative regulations is required in order to implement laws;
(2) matters over which the State Council has administrative management authority under Article 89 of the Constitution.
Where the State Council has first formulated administrative regulations on matters on which the National People’s Congress or its Standing Committee shall formulate laws, in accordance with authorizing decisions of the National People’s Congress or its Standing Committee, and as tested by practice, the conditions for formulating laws have become ripe, the State Council shall promptly request the National People’s Congress and its Standing Committee to formulate laws.
Article 73: The State Council’s legislative affairs body shall draft the State Council’s annual legislative plans based on the State’s overall work arrangements and report them to the State Council for review and approval. The projects [to formulate or revise] laws in the State Council’s annual legislative plans shall be linked to the [five-year] legislative plans and [annual or special] legislative plans of the Standing Committee of the National People’s Congress. The State Council’s legislative affairs body shall promptly track and inquire about the implementation of the legislative plans by the various State Council departments, and strengthen organization, coordination, supervision, and guidance.
Where the relevant State Council departments find it necessary to formulate administrative regulations, they shall report to the State Council and request project initiation.
Article 74: The relevant State Council departments or the State Council’s legislative affairs body is specifically responsible for drafting administrative regulations; the State Council’s legislative affairs body is to organize the drafting of important laws and administrative regulations on administrative management. During the process of drafting administrative regulations, opinions should be extensively solicited from relevant organs, organizations, People's Congresses, and members of the public. Opinions may be heard using various methods, such as symposia, debate sessions, and hearings.
Draft administrative regulations shall be released to the public for solicitation of comments, except where the State Council decides not to release them.
Article 75: Upon completion of the drafting work on administrative regulations, the drafting units shall send the drafts, their explanations, the various parties’ different opinions on major issues in the drafts, and other relevant materials to the State Council’s legislative affairs body for review.
The State Council’s legislative affairs body shall submit a review report and a revised version of the draft to the State Council; the review report shall explain the major issues with the draft.
Article 76: The procedures for deciding on administrative regulations are to be handled in accordance with the relevant provisions of the State Council Organic Law of the People’s Republic of China.
Article 77: Administrative regulations are to be promulgated by the a State Council order signed by the Premier.
Administrative regulations concerning national defense construction may be promulgated by orders of the State Council and the Central Military Commission jointly signed by the Premier of the State Council and Chairperson of the Central Military Commission.
Article 78: After administrative regulations are signed and promulgated, they are to be promptly published in the Gazette of the State Council, on the Chinese Government Legal Information Net, and in nationally circulated newspapers.
The text of administrative regulations published in the Gazette of the State Council is the standard text.
Article 79: The State Council may, according to the needs of reform and development, decide to temporarily adjust or suspend the application of some provisions of administrative regulations on specific matters in the field of administration and management within the prescribed time limit and scope.
Chapter IV: Local Regulations, Autonomous Regulations, and Separate Regulations and Rules
Section 1: Local Regulations; Autonomous Regulations and Separate Regulations
Article 80: Based on the specific circumstances and actual needs of its administrative region, the people’s congress of a province, autonomous region, or directly governed municipality and its standing committee may formulate local regulations, provided that they do not contravene the Constitution, laws, or administrative regulations.
Article 81: Based on a districted city’s specific circumstances and actual needs, the city’s people’s congress and its standing committee may formulate local regulations on matters of urban and rural construction, construction of an ecological civilization, historical and cultural protection, and basic-level governance, provided that they do not contravene the Constitution, laws, administrative regulations, or the local regulations of the relevant province or autonomous region; where laws have other provisions on the matters on which districted cities may formulate local regulations, follow those provisions. The local regulations of a districted city must be reported to and approved by the standing committee of the people’s congress of the [relevant] province or autonomous region before they may take effect. The standing committee of the people’s congress of a province or an autonomous region shall review the legality of local regulations submitted for approval, and shall approve them within four months if it does not find them in contravention of the Constitution, laws, administrative regulations, or the local regulations of that province or autonomous region.
When the standing committee of the people’s congress of a province or an autonomous region, in reviewing the local regulations of districted cities submitted for approval, discovers that they contravene the rules of the people’s government of that province or autonomous region, it shall make a decision on how to handle [the contravention].
Except for the cities where the people’s governments of provinces and autonomous regions are located, the cities where special economic zones are located, and the relatively large cities as already approved by the State Council, the specific steps and timing for other districted cities to start formulating local regulations are to be determined by the standing committee of the people’s congress of the [relevant] province or autonomous region, based on a comprehensive consideration of such factors as the population size, geographical area, economic and social development, legislative needs, and legislative capacity of the districted cities within the jurisdiction of that province or autonomous region, and are to be filed with the Standing Committee of the National People’s Congress and the State Council for recording.
The people’s congresses of autonomous prefectures and their standing committees may exercise the authority of districted cities to formulate local regulations in accordance with the provisions of paragraph 1 of this article. The specific steps and timing for autonomous prefectures to start formulating local regulations are to be determined in accordance with the provisions of the previous paragraph.
Local regulations already formulated by the cities where the people’s governments of provinces and autonomous regions are located, the cities where special economic zones are located, or the relatively large cities as already approved by the State Council that involve matters outside the scope provided for in paragraph 1 of this article are to remain in force.
Article 82: Local regulations may make provisions on the following matters:
(1) matters on which specific provisions must be made to implement the provisions of laws and administrative regulation based on the actual circumstances of the [relevant] administrative region;
(2) matters of local affairs on which local regulations must be formulated.
Except for the matters provided in article 11 of this Law, with respect to other matters on which the State has yet to formulate laws or administrative regulations, provinces, autonomous regions, directly governed municipalities, districted cities, and autonomous prefectures may first formulate local regulations based on their specific local circumstances and actual needs. After laws or administrative regulations formulated by the State take effect, the formulating organs shall promptly revise or repeal [those local regulations].
Local regulations formulated by districted cities or autonomous prefectures in accordance with paragraphs 1 or 2 of this article are limited to the matters provided for in article 81, paragraph 1 of this Law.
In formulating local regulations, duplicative provisions are generally not to be made on matters for which superior legislation already has clear provisions.
Article 83: The people’s congresses of provinces, autonomous regions, and directly governed municipalities as well as districted cities and autonomous prefectures, and their standing committees, may, according to the needs of coordinated regional development, coordinate on the formulation of local regulations for implementation in their respective administrative regions or in relevant regions.
Provinces, autonomous regions, and directly governed municipalities, as well as districted cities and autonomous prefectures, may establish working mechanisms for coordinated regional lawmaking.
Article 84: The people’s congress of a province or city where a special economic zone is located and its standing committee are to formulate regulations in accordance with the [relevant] authorizing decision of the National People’s Congress for implementation within the special economic zone.
The Shanghai municipal people’s congress and its standing committee are to formulate Pudong New Area regulations in accordance with the [relevant] authorizing decision of the Standing Committee of the National People’s Congress for implementation in the Pudong New Area.
The Hainan provincial people’s congress and its standing committee are to formulate Hainan Free Trade Port regulations in accordance with the provisions of laws for implementation within the Hainan Free Trade Port.
Article 85: The people’s congress of an ethnic autonomous area has the power to formulate autonomous regulations and separate regulations based on the local ethnicities’ political, economic, and cultural characteristics. The autonomous regulations and separate regulations of autonomous regions are to take effect after being submitted to and approved by the Standing Committee of the National People’s Congress. The autonomous regulations and separate regulations of autonomous prefectures or autonomous counties are to take effect after being submitted to and approved by the standing committees of the people’s congresses of the [relevant] provinces, autonomous regions, or directly governed municipalities.
Autonomous regulations and separate regulations may adjust the provisions of laws and administrative regulations based on the characteristics of local ethnicities, but must not contravene the basic principles of laws or administrative regulations, and must not adjust the provisions of the Constitution or the Regional Ethnic Autonomy Law, or the provisions in other relevant laws and administrative regulations that are specifically made for ethnic autonomous areas.
Article 86: Local regulations on especially major matters in an administrative region shall be adopted by its people’s congress.
Article 87: The procedures for submitting, deliberating, and voting on bills of local regulations or bills of autonomous regulations and separate regulations are to be prescribed by the people’s congresses at the same level in accordance with the Organic Law of Local People’s Congresses at All Levels and People’s Governments at All Levels and with reference to the provisions of Sections 2, 3, and 5 of Chapter II of this Law.
The bodies responsible for unified deliberations of draft local regulations are to submit reports on the results of deliberations and revised versions of the drafts.
Article 88: Local regulations formulated by the people’s congress of a province, an autonomous region, or a directly governed municipality are to be promulgated by a public announcement of the presidium of the congress.
Local regulations formulated by the standing committee of the people’s congress of a province, an autonomous region, or a directly governed municipality are to be promulgated by a public announcement of the standing committee.
After being approved, local regulations formulated by the people’s congress of a districted city or an autonomous prefecture and its standing committee are to be promulgated by a public announcement of the standing committee of the people’s congress of the districted city or autonomous prefecture.
After being approved, autonomous regulations and separate regulations are to be separately promulgated by a public announcement of the standing committee of the people’s congress of the [relevant] autonomous region, autonomous prefecture, or autonomous county.
Article 89: After local regulations or the autonomous regulations and separate regulations of an autonomous region are promulgated, their texts as well as the explanations of drafts and reports on the results of deliberations, etc., shall be promptly published in the gazette of the standing committee of the people’s congress at the same level, on the National People’s Congress website and the website of the people’s congress at the same level, and in the newspapers circulated within the administrative region.
The text of local regulations, autonomous regulations, and separate regulations as published in the gazettes of standing committees is the standard text.
Article 90: The standing committees of the people’s congresses of provinces, autonomous regions, directly governed municipalities as well as districted cities and autonomous prefectures are to establish basic-level legislative outreach offices according to actual needs to thoroughly listen to the opinions of basic-level masses and relevant parties on draft local regulations or autonomous regulations and separate regulations.
Section 2: [Local and Administrative] Rules
Article 91: The State Council’s various departments and commissions, People’s Bank of China, the National Audit Office, and organizations directly under the State Council with administrative management functions, as well as the bodies prescribed by law, may formulate rules within the scope of their respective authorities in accordance with laws and the State Council’s administrative regulations, decisions, and orders.
The matters provided for by departmental rules shall be matters concerning the implementation of laws or the State Council’s administrative regulations, decisions, or orders. Departmental rules must not prescribe norms that impair the rights of citizens, legal persons, or other organizations or increase their obligations without a basis in laws or administrative regulations, decisions, or orders of the State Council, and must not increase the issuing department’s powers or reduce its legally prescribed duties.
Article 92: For matters that are within the scope of authorities of two or more State Council departments, the State Council shall be requested to formulate administrative regulations, or the relevant State Council departments shall jointly formulate rules.
Article 93: The people’s government of a province, an autonomous region, a directly governed municipality, a districted city, or an autonomous prefecture may formulate rules in accordance with laws, administrative regulations, and the local regulations of the relevant province, autonomous region, or directly governed municipality.
Local government rules may make provisions on the following matters:
(1) matters on which rules must be formulated to implement the provisions of laws, administrative regulations, or local regulations;
(2) specific matters of administrative management within the relevant administrative region.
Local government rules formulated by the people’s governments of districted cities or autonomous prefectures in accordance with paragraphs 1 and 2 of this article are limited to matters of urban and rural construction, construction of an ecological civilization, historical and cultural protection, and basic-level governance. Local government rules that have already been formulated and involve matters outside the scope of the aforementioned matters are to remain in force.
Except for the cities where the people’s governments of provinces and autonomous regions are located, the cities where special economic zones are located, and the relatively large cities as already approved by the State Council, the time for the people’s government of any other districted city or autonomous prefecture to start formulating rules is the same as the time for the city or autonomous prefecture to start formulating local regulations as determined by the standing committee of the relevant province or autonomous region.
Where local regulations shall be formulated but the conditions are not yet ripe, local government rules may be formulated first to satisfy the urgent needs of administrative management. Where it is necessary to continue implementing the administrative measures provided for by such rules after they have been in effect for two years, the people’s congress at the same level or its standing committee shall be requested to formulate local regulations.
Local government rules must not prescribe norms that impair the rights of citizens, legal persons, and other organizations or increase their obligations without a basis in laws, administrative regulations, or local regulations.
Article 94: The procedures for formulating State Council departmental rules and local government rules are to be prescribed by the State Council with reference to the provisions of Chapter III of this Law.
Article 95:Departmental rules are to be decided by meetings of ministerial or commission leaderships.
Local government rules shall be decided on by government executive meetings or plenary meetings.
Article 96: Departmental rules are to be promulgated by orders signed by the heads of departments.
Local government rules are to be promulgated by orders signed by the governors of provinces, chairpersons of autonomous regions, mayors, or governors of autonomous prefectures.
Article 97: After departmental rules are signed and promulgated, they are to be promptly published in the Gazette of the State Council or in departmental gazettes, on the Chinese Government Legal Information Net, and in nationally circulated newspapers.
After local government rules are signed and released, they are to be promptly published in the Gazette of the People Government and on the Chinese Government Legal Information Network, as well as in newspapers with a national circulation.
The text of rules as published in the Gazette of the State Council, departmental gazettes, or gazettes of local people’s governments is the standard text.
CHAPTER V: APPLICATION; RECORDING AND REVIEW
Article 98: The Constitution has the highest legal force; no law, administrative regulation, local regulation, autonomous regulation or separate regulation, or rule may contravene the Constitution.
Article 99: The force of laws is higher than that of administrative regulations, local regulations, and rules.
The force of administrative regulations is higher than that of local regulations and rules.
Article 100: The force of local regulations is higher than that of the local government rules at or below the same level.
The force of rules formulated by the people’s government of a province or an autonomous region is higher than that of rules formulated by the people’s government of a districted city or an autonomous prefecture within its administrative region.
Article 101: Where autonomous regulations or separate regulations adjust the provisions of laws, administrative regulations, or local regulations in accordance with law, those provisions of the autonomous regulations or separate regulations are to be applied in the corresponding autonomous area.
Where special economic zone regulations adjust provisions of laws, administrative regulations, or local regulations on the basis of an authorization, such those provisions of the special economic zone regulations are to be applied in the corresponding special economic zone.
Article 102: Different departmental rules have the same force, as do departmental rules and local government rules, and they are to be applied within their respective scope of authority.
Article 103: Where special provisions are inconsistent with general provisions in the laws, administrative regulations, local regulations, autonomous regulations, and separate regulations, or rules formulated by the same organ, the special provisions are to be applied; where new provisions are inconsistent with old provisions, the new provisions are to be applied.
Article 104: Laws, administrative regulations, local regulations, autonomous regulations and separate regulations, and rules are not retroactive, except for special provisions that are made to better protect the rights and interests of citizens, legal persons, and other organizations.
Article 105: Laws, administrative regulations, local regulations, autonomous regulations and separate regulations, and rules are not retroactive, except for special provisions that are made to better protect the rights and interests of citizens, legal persons, and other organizations.
When there is an inconsistency in administrative regulations between a new general provision and an old special provision on the same matter, and the applicable provision cannot be determined, the State Council is to make a ruling.
Article 106: When local regulations and rules are inconsistent, the relevant organs are to make a ruling in accordance with the authority prescribed as follows:
(1) when a new general provision and an old special provision formulated by the same organ are inconsistent, the formulating organ is to make a ruling;
(2) when local regulations and departmental rules have inconsistent provisions on the same matter, and the applicable provision cannot be determined, the State Council is to issue an opinion; where the State Council finds that the local regulations shall apply, it shall decide to apply the local regulations in the locality; where [the State Council] finds that the departmental rules shall apply, it shall request the Standing Committee of the National People’s Congress to make a ruling;
(3) when different departmental rules, or when departmental rules and local government rules, have inconsistent provisions on the same matter, the State Council is to make a ruling.
When regulations formulated in accordance with an authorization have provisions inconsistent with laws, and the applicable provision cannot be determined, the Standing Committee of the National People’s Congress is to make a ruling.
Article 107:When laws, administrative regulations, local regulations, autonomous regulations, separate regulations, or rules have any of the following circumstances, the relevant organs are to annul or repeal them in accordance with the authority provided for in article 108 of this Law:
(1) they exceed the scope of authority;
(2) Inferior legislation violates the provisions of superior legislation;
(3) Different rules have inconsistent provisions on the same matter, and it is ruled that one of the provisions shall be modified or annulled;
(4) The provision of a rule is found inappropriate and shall be modified or annulled;
(5) They violate legally prescribed procedures.
Article 108:The authority to modify or annul laws, administrative regulations, local regulations, autonomous regulation, separate regulations, or rules is as follows:
(1) The National People’s Congress has the authority to modify or annul any inappropriate law formulated by its Standing Committee, and to annul any autonomous regulations or separate regulations approved by its Standing Committee that violate the Constitution or article 85, paragraph 2 of this Law;
(2) The Standing Committee of the National People’s Congress has the authority to annul any administrative regulations that contravene the Constitution or any law, to annul any local regulations that contravene the Constitution or any law or administrative regulations, and to annul any autonomous regulations or separate regulations approved by the standing committee of the people’s congress of any province, autonomous region, or directly governed municipality that violate the Constitution or article 85, paragraph 2 of this Law;
(3) The State Council has the authority to modify or annul any inappropriate departmental rule or local government rule;
(4) The people’s congress of a province, an autonomous region, or a directly governed municipality has the authority to modify or annul any inappropriate local regulations formulated or approved by its standing committee;
(5) The standing committee of a local people’s congress has the authority to annul any inappropriate rule formulated by the people’s government at the same level;
(6) The people’s government of a province or an autonomous region has the authority to modify or annul any inappropriate rule formulated by the people’s government at the level below;
(7) An authorizing organ has the authority to annul any regulations formulated by an authorized organ that exceed the scope of authorization or violate the purpose of the authorization and may annul the authorization when necessary.
Article 109: Administrative regulations, local regulations, autonomous regulations, separate regulations, and rules shall be filed with the relevant organs for recording within 30 days of promulgation in accordance with the following provisions:
(1) Administrative regulations are filed with the Standing Committee of the National People’s Congress for recording;
(2) Local regulations formulated by the people’s congresses of provinces, autonomous regions, or directly governed municipalities and their standing committees are filed with the Standing Committee of the National People’s Congress and the State Council for recording; and local regulations formulated by the people’s congresses of districted cities or autonomous prefectures and their standing committees are filed with the Standing Committee of the National People’s Congress and the State Council for recording by the standing committees of the people’s congresses of [the relevant] provinces or autonomous regions;
(3) Autonomous regulations and separate regulations formulated by the people’s congresses of autonomous prefectures or autonomous counties are filed with the Standing Committee of the National People’s Congress and the State Council for recording by the standing committees of the people’s congresses of [the relevant] provinces, autonomous regions, or directly governed municipalities; when autonomous regulations and separate regulations are filed for recording, any adjustment of laws, administrative regulations, or local regulations shall be explained;
(4) Departmental rules and local government rules are filed with the State Council for recording; local government rules shall be concurrently filed with the standing committees of the people’s congresses at the same level for recording; and rules formulated by the people’s government of a districted city or an autonomous prefecture shall be concurrently filed with the standing committee of the people’s congress and the people’s government of [the relevant] province or autonomous region;
(5) Regulations formulated in accordance with an authorization shall be filed with the organs provided for in the authorizing decision for recording; when special economic zone regulations, Pudong New Area regulations, or Hainan Free Trade Port regulations are filed for recording, any adjustment shall be explained.
Article 110: Where the State Council, Central Military Commission, State Supervision Commission, Supreme People’s Court, Supreme People’s Procuratorate, and the standing committees of the people’s congresses of the various provinces, autonomous regions, and directly governed municipalities consider that administrative regulations, local regulations, autonomous regulations, or separate regulations contravene the Constitution or laws or have issues of constitutionality or legality, they may submit to the Standing Committee of the National People’s Congress written requests for review, and the relevant special committees of the National People’s Congress and the working bodies of the Standing Committee are to conduct review and issue opinions.
Where state organs other than those provided for in the previous paragraph, social groups, enterprises, public institutions, and citizens consider that administrative regulations, local regulations, autonomous regulations, or separate regulations contravene the Constitution or laws, they may submit to the Standing Committee of the National People’s Congress written recommendations for review, and the working bodies of the Standing Committee are to conduct review; when necessary, [the recommendations] are to be forwarded to the relevant special committees for review and issuance of opinions.
Article 111: Special committees of the National People’s Congress and working bodies of the Standing Committee may conduct proactive review of the administrative regulations, local regulations, autonomous regulations and separate regulations, etc., filed for recording, and may conduct targeted reviews as needed.
The State Council’s working body for recording and review may conduct a proactive review of the local regulations, autonomous regulations and separate regulations, departmental rules, and rules formulated by the people’s governments of provinces, autonomous regions, and directly governed municipalities that are filed for recording, and may conduct targeted reviews as needed.
Article 112: Where special committees of the National People’s Congress or working bodies of the Standing Committee find during their review that administrative regulations, local regulations, autonomous regulations, or separate regulations contravene the Constitution or laws or have issues of constitutionality or legality, they may issue written review opinions to the formulating organs; or the Constitution and Law Committee, relevant special committees, and working bodies of the Standing Committee may hold joint review sessions, requesting the formulating organs to attend the sessions to give explanations, and then issue written review opinions to the formulating organs. The formulating organs shall, within two months, study and submit opinions on whether to revise or repeal [the regulations], and provide feedback to the Constitution and Law Committee of the National People’s Congress and relevant special committees or the working bodies of the Standing Committee.
Where the Constitution and Law Committee of the National People’s Congress, relevant special committees, or working bodies of the Standing Committee have issued review opinions to the formulating organs in accordance with the provisions of the previous paragraph, and the formulating organs have revised or repealed the administrative regulations, local regulations, autonomous regulations, or separate regulations in accordance with those opinions, the review ends.
Where, upon review or study, the Constitution and Law Committee of the National People’s Congress, relevant special committees, or working bodies of the Standing Committee consider that administrative regulations, local regulations, autonomous regulations, or separate regulations contravene the Constitution or laws, or have issues of constitutionality or legality and need to be revised or repealed, but the formulating organs refuse to revise or repeal them, they shall submit bills or suggestions to annul them to the Council of Chairpersons, which is to decide whether to submit them to a Standing Committee session for deliberation and decision.
Article 113: The relevant special committees of the National People’s Congress and working bodies of the Standing Committee shall provide feedback on their review to the state organs, social groups, enterprises, public institutions, and citizens who recommended review in accordance with the requirements of regulations, and may disclose it to the public.
Article 114: The procedures whereby other organs receiving filings review the local regulations, autonomous regulations, separate regulations, and rules filed for recording shall be prescribed by the organs receiving filings in accordance with the principle of preserving uniformity in the legal system.
Article 115:Organs for recording and review shall establish and improve connection and coordination mechanisms for recording and review to promptly refer the requests or recommendations for review that shall be handled by other organs to the relevant organs.
Article 116:Formulating organs shall clean up laws, administrative regulations, local regulations, autonomous regulations and separate regulations, rules, and other normative documents according to the principle of preserving the uniformity of the legal system and the needs of reform and development.
Chapter VI: Supplementary Provisions
Article 117:The Central Military Commission formulates military regulations in accordance with the Constitution and laws.
The various theater commands and service branches of the People’s Liberation Army as well as the People’s Armed Police Force may formulate military rules within their respective scope of authority, in accordance with laws and the Central Military Commission’s military regulations, decisions, and orders.
Military regulations and military rules are to be implemented within the armed forces.
The Central Military Commission is to prescribe the measures for formulating, revising, and repealing military regulations and military rules in accordance with the principles prescribed by this Law.
Article 118: The State Supervision Commission is to formulate supervision regulations in accordance with the Constitution, laws, and the relevant decision of the Standing Committee of the National People’s Congress, and is to file them with the Standing Committee of the National People’s Congress for recording.
Article 119: Interpretations on the specific application of laws in adjudicatory or procuratorial work that are issued by the Supreme People’s Court or Supreme People’s Procuratorate shall primarily target specific provisions of laws and be consistent with their legislative purpose, principles, and original meaning. When encountering the situations provided for in article 48, paragraph 2 of this Law, a request for legislative interpretation or a bill to formulate or revise the relevant laws shall be submitted to the Standing Committee of the National People’s Congress.
Interpretations on the specific application of laws in adjudicatory or procuratorial work that are issued by the Supreme People’s Court or Supreme People’s Procuratorate shall be filed with the Standing Committee of the National People’s Congress for recording within 30 days of promulgation.
Adjudicatory and procuratorial organs other than the Supreme People’s Court and Supreme People’s Procuratorate must not issue interpretations on the specific application of laws.
Article 120: This Law takes effect on July 1, 2000.
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