There is a substantial difference between motions submitted to a session of the National People's Congress (NPC) and proposals to the National Committee of the Chinese People's Political Consultative Conference (CPPCC).[Special coverage]
The difference lies in the fact that the NPC is the country's top legislature, and an NPC motion can become legally binding when it is adopted. In comparison, a proposal to the CPPCC National Committee, the top advisory body, is not legally binding whether it is adopted or not.
According to the Constitution, NPC deputies and members of the NPC Standing Committee have the right to submit motions and proposals within the respective functions and powers of the NPC and its Standing Committee in accordance with procedures prescribed by law.
According to the Organic Law of the NPC and NPC rules for the discharging of its duties, a motion can be raised by the presidium of the NPC, the NPC Standing Committee, special committees of the NPC, the State Council, the Supreme People's Court, the Supreme People's Procuratorate, a provincial-level delegation (of deputies) to the NPC, or a group of at least 30 NPC deputies.
The NPC presidium decides if a motion is to be discussed at an ongoing NPC session.
If a motion is included in the agenda, it may be put for a vote after several rounds of examination by relevant special committees and the presidium. Adoption requires a simple majority voting in favor.
If the motion is not included, the presidium will refer it to a special committee, which will review it when the session is closed and submit the result to the NPC Standing Committee. If the result is approved by the Standing Committee, lawmakers will be informed at the next annual session.
Members of the CPPCC put forward proposals to offer comments and suggestions on major political and social issues of the country to people's congresses and the government via the CPPCC.
For the presentation of a proposal, there is no restriction on the timing, scope and number of sponsoring members. Generally speaking, CPPCC members can raise a proposal in one of the following ways:
-- by one member or a group of members;
-- by one group or more groups jointly during the plenary sessions of the CPPCC;
-- in the name of a party or people's organization that has joined the CPPCC;
-- in the name of a sub-committee of the CPPCC National Committee.
A department in charge of handling proposals is obliged to give a reply to each proposal. Generally, an NPC motion is raised when the NPC is in session; while members of the CPPCC can raise proposals at any time they wish.