China to Revise Organic Law - First Time since 1982
Published 27 March 2024
Xia Yu
According to the conference schedule announced on 4 March 2024 by the first meeting of the presidium of the second session of the 14th National People’s Congress of the People’s Republic of China, the first amendment of China’s Organic Law of the State Council, promulgated on 10 December 1982, is being voted at its third plenary session on the afternoon of 11 March 2024. The first reversion of the Organic Law of the State Council (“Law”) is likely to be passed as usual. Based on the two draft revisions of the Law published for the public comments by the National People’s Congress (“NPC”) on 25 October and 29 December 2023, and the explanation of the Law by the Vice Chairman of the Standing Committee of the NPC on 5 March 2024, this article provides a brief introduction to the Law in advance.
China's current Organic Law of the State Council is the basic law regarding the organizational system and work system of the State Council. Compared with the current Organic Law of the State Council, the Law increases articles from the current 11 to 20, and the main revisions include 1) adding provisions on the nature and status of the State Council and institutional measures for the State Council to fully and correctly perform its functions by the law; 2) clarifying the guiding ideology for the work of the State Council; 3) improving the description of the functions and powers of the State Council and the relevant regulations on the members of the State Council, the institutions of the State Council and their powers, and the meeting system of the State Council.
The Law adds provisions on the nature and status of the State Council in Articles 2 and 4.Articles 85 and 92 of China’s Constitution revised on 11 March 2018 stipulate China’s State Council is the executive organ of the highest state organ of power, the highest state administrative organ, and responsible to the NPC. It is the provision on the nature and status of the State Council, determining the specific content of the State Council’s responsibilities, organizational structure, and work system. However, the current Organic Law of the State Council does not provide any specific provision for these constitutional provisions. To ensure the integrity of the Organic Law of the State Council, the Law repeats the provisions of Articles 85 and 92 of the Constitution and adds a supplementary provision that the State Council shall consciously accept the supervision of the NPC and its Standing Committee. In addition, the Law adds provisions on institutional measures for the State Council to correctly perform its functions in Articles 16, 17, 18, and 19. According to these articles, the State Council shall adhere to scientific and democratic decision-making following the law and improve its administrative supervision system; the members of the State Council shall uphold the authority and leadership of the Party Central Committee of the Communist Party of China, and abide by the Constitution and laws; and the departments, agencies, and offices directly under the State Council shall ensure the implementation of the work arrangements of the Party Central Committee and the State Council.
Article 3 is added to the Law to clarify the guiding ideology of the State Council’ work. According to the newly added Article, the State Council shall adhere to the leadership of the Communist Party of China; be guided by 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; safeguard the authority and leadership of the Party Central Committee and implement the Party Central Committee’s decisions and arrangements and new development concepts; and adhere to a people-centered approach and serves the people wholeheartedly.
By Article 89 of the Constitution regarding the functions and powers of the State Council, the Law adds Article 15, which stipulates that the State Council uniformly leads the work of state administrative agencies at all levels across the country. This improves the expression of the functions and powers of the State Council.
The law amends the relevant provisions of Articles 5, 11, 12, and 13 of the current Organic Law of the State Council regarding the composition of the State Council, the institutions of the State Council, and their powers. According to these amendments, the Governor of the People’s Bank of China is included among the members of the State Council; the duties of the Vice Prime Minister and State Councilor are to assist the Prime Minister in his work, be responsible for the work in their respective fields, be responsible for other aspects of work or special tasks entrusted by the Prime Minister, and conduct foreign affairs activities on behalf of the State Council according to unified arrangements; departments of the State Council and agencies directly under the State Council with administrative functions, as well as agencies prescribed by law, may formulate regulations within the scope of authority of their departments under the law and the administrative regulations, decisions, and orders of the State Council; and the determination or adjustment of the constituent departments of the State Council shall be announced by the NPC or its Standing Committee.
The law adds provisions to the meeting system of the State Council in Article 8. According to this article, the main tasks of the plenary session of the State Council are to discuss and decide on major matters in the work of the State Council such as the government work report, national economic and social development plans, and to deploy the important work of the State Council; the main tasks of the State Council executive meeting are to discuss draft laws, review draft administrative regulations, discuss, decide, and notify important matters in the work of the State Council; and matters discussed and decided at the plenary session of the State Council and the executive meeting of the State Council shall be announced promptly, unless they are required to be kept confidential by the law. Meanwhile, the State Council can convene the Prime Minister’s office meeting and the State Council special meeting as needed.
In conclusion, the Law strengthens the leadership of the Communist Party over the work of the State Council and the characteristics of the State Council as an administrative executor.