THE LEGISLATIVE PROCESS IN CHINA

Law-making preparation process

Law-making preparation process includes the activities which take place before the formal legislative process starts. These activities usually include the formulation of a law-making plan and drafting laws. This preparation process is an important step to ensure that the law-making activities are carried out in an appropriate and effective way. Although this process is non-mandatory by law, it should be considered seriously as this process could ensure democracy in the law-making activities at the beginning of those activities.

Submission, review and passage of a bill by the National People’s Congress

The submission, review and passage of a bill are important steps in the legislative process. Those steps are prescribed comprehensively and concretely in the China’s Legislation Law, which consist of submission of a bill and put it on agenda, explanation for the bill and review of delegation and review of a specialized committee.

Consideration and passage of a bill by the Standing Committee of the National People’s Congress

Submission of a bill to the Standing Committee of the National People’s Congress is the basis of consideration and passage the bills and its the start of the formal legislative process. After a bill has been put on the formal agenda, main activities must be carried out, including review, giving comment, the decisions on solicitation of public opinions and consultation with concerned agencies to decide whether to proceed with or withdraw the bill from agenda.

Voting on a bill and publication of a law

Voting on a bill is an important stage in the legislative process which determines the quality of the bills. Voting on the bill is the expression of attitudes of members of the legislature towards a bill, i.e. they agree or disagree to the bill.

Normally, a bill shall be passed by the National People’s Congress if more than half of the votes cast by the members of the National People’s Congress and its Standing Committee are affirmative. Voting may be conducted by casting votes, raising hands or otherwise. Since 1986, voting on bills in China is done by using electronic boards.

Publication of a bill

A bill became law after it has been passed by the Legislature. However the publication of this law is important to its effect.

The signing by the President of an order on publication of the law is compulsory step in the legislative process. This action indicates the completion of the legislative process and confirms that the law is the one passed by the legislative body (signature of authentication).