Laws of the Guangdong Province

Regulations of the Standing Committee of the Shenzhen Municipal People' s Congress on Contacting Representatives and Guaranteeing the Performance of Representatives' Functions

(Adopted at the Twelfth Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on December 21, 2001. Approved by the Thirty-second Meeting of the Standing Committee of the Ninth People' s Congress of Guangdong Province on March 27, 2002.)

Chapter 1  General Provisions

Article 1 In order to strengthen contacts between the Standing Committee of the Shenzhen Municipal People' s Congress (SCMPC) and representatives to the Municipal People' s Congress (hereinafter referred to as representatives), guarantee representatives to perform their functions and play their roles, these regulations are enacted in accordance with the Law of the People' s Republic of China on Representatives to the National People' s Congress and to the Local People' s Congresses at All Levels and the Regulations of the Guangdong Province on the Implementation of the Law of the People' s Republic of China on Representatives to the National People' s Congress and to the Local People' s Congress at All Levels.

Article 2 The SCMPC shall regard the contact with representatives as major work duties, strengthen its lead, take ways of various kinds to contact representatives and provide the service and guarantee for the performance of representatives' functions.

Article 3 The work committee for election, liaison and appointment and removal of personnel (WCELARP) of the SCMPC is the specific working organ for representatives' affairs, which shall be responsible for organization, coordination, inspection and implementation of representatives' affairs and assist representatives in solving difficulties and problems during the performance of representatives' functions.

Article 4 Each special committee of the Municipal People' s Congress (hereinafter referred to as special committee) and each working organ of the SCMPC (hereinafter referred to as working organ) shall regard the service for representatives as major duties. Its director or a vice-director shall be responsible for representatives' affairs.

Article 5 " The performance of representatives' functions" in these regulations means that representatives attend the meetings of the Municipal People' s Congress or attend the meetings of the SCMPC as nonvoting participants; the members of the SCMPC attend the meetings of the SCMPC; the members of special committees attend the meetings of the special committees; that representatives take part in such activities as inspection and investigation organized by the Municipal People' s Congress, the SCMPC, any special committee or any working organ; and that representatives take part in or are engaged in other activities in accordance with laws and regulations.

Chapter 2  Contacting Representatives and Organizing Representatives' Activities

Article 6 The SCMPC shall entrust the Standing Committees of the District People' s Congresses to assist in establishing joint groups of representatives and groups of representatives; the special committee or working organ shall establish professional groups of representatives in accordance with needs of the work.

The joint group of representatives, the group of representatives or the professional group of representatives shall elect leader and vice-leader of the group, who shall work out plans for representatives' activities in accordance with the work arrangements of the SCMPC and the opinions of representatives, and be responsible for organizing representatives to carry out activities when the People' s Congress is not in session.

The leader and vice-leader may appoint a representative as a liaison person in the related unit or the joint group, who shall assist the leader and vice-leader in carrying out work, and be responsible for the service for representatives' activities.

If a representative leaves one administrative area for another post, he may be adjusted to attend other group of representatives.

  The group of representatives shall organize activities once every four months.

  Article 7 The members of the SCMPC shall strengthen contacts with representatives, visit and make interviews with several representatives every year.

The special committees and working organs shall assist the members of the SCMPC in visiting and making interviews with representatives.

Representatives' proposals, criticisms and opinions, which the members of the SCMPC get known from their visiting and making interviews with representatives, shall be submitted to the WCELARP to handle.

Article 8 Representatives may make interviews with the members of the SCMPC and the leading persons of special committees and working organs, if it is necessary for the performance of their functions.

If a representative requires an interview with any member of the SCMPC, the WCELARP shall make an arrangement within three days; if a representative requires an interview with any leading person of special committee or working organ, the WCELARP shall make an arrangement within two days.

Article 9 When the members of the SCMPC, or the working staff of special committees or working organs carry out special investigations and researches at any district or town, they may invite the related representatives wherein to attend. They may, if necessary, list special topics and entrust related representatives to carry out on-the-spot investigations and researches.

Article 10 The SCMPC shall establish the system of receiving visits of representatives by members of the   meeting of directors, and the reception shall be carried out once every year at the least.

The special committees and working organs shall be responsible for the preparation and service for receiving visits of representatives.

If the problems raised by representatives in the reception are within the work scope of the SCMPC, the department arranging the reception shall give a reply within one month; if the problems are within the work scope of an other related department, the department arranging the reception shall submit them to the related department to give a reply within two months.

Article 11 With the consent or recommendation of the SCMPC, the Municipal People' s Government and its departments, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate may invite representatives to hold the posts of specially invited advisors or supervisors against corruption, and invite representatives to be visitors at trials of important cases, and carry out other activities of contacting representatives. The Municipal People' s Government, the Municipal Intermediate People' s Court or the Municipal People' s Procuratorate may inform the representatives of important work via SCMPC or directly, and take ways of various kinds to strengthen contacts with representatives.

Article 12 The SCMPC shall, upon the entrustment of the Standing Committee of the People' s Congress of Guangdong Province, organize the representatives to the National People' s Congress or the representatives to the People' s Congress of Guangdong Province working and living in Shenzhen to carry out activities when the relevant People' s Congress is not in session, assist in establishing the group of representatives in Shenzhen, create conditions and provide service for activities of the group.

Article 13 The SCMPC shall organize representatives to carry out inspections on the proposals for deliberations before a meeting of the Municipal People' s Congress is held.

Article 14 Before a meeting of the Municipal People' s Congress is held, the SCMPC shall uniformly arrange representatives to carry out inspections on the work of the state organs and related units at the corresponding levels or lower levels, prepare well for representatives to attend the meeting.

The SCMPC may entrust district People' s Congresses or related special committees and working organs to organize and implement representatives' inspections, which are   uniformly arranged by the SCMPC.

Article 15 According to the annual key work and the meeting topics of the SCMPC, the SCMPC, special committees and working organs shall strengthen contacts with representatives by organizing representatives to carry out such activities as inspections, examinations for law enforcement, special investigations, discussions, receptions of visits, legislations and study investigations.

Article 16 Representatives shall be invited to attend the meeting of the SCMPC as nonvoting　participants. A representative shall be invited to attend at least a meeting as nonvoting　participants during the term of his duty.

Drafts of regulations, related resolutions or decisions to be deliberated by the SCMPC may be distributed to representatives for soliciting their opinions in the light of needs.

Article 17 The SCMPC shall regularly organize representatives to hear related work reports of the corresponding state organs and provide representatives with related documents and information.

The special committees and working organs shall arrange representatives to hear the work reports of the state organs and related units at the corresponding level or lower levels, when they organize activities for representatives, and the activities require.

Article 18 The SCMPC shall place the organization of representatives' study and training into contents of its work, hold public reports and legal lectures regularly, and organize representatives to study laws, regulations and special knowledge for the performance of representatives' functions to enhance the comprehensive quality and the ability to perform functions of representatives.

Article 19 The SCMPC shall regularly convene the   experience exchange meeting of representatives' affairs and the forum of the leaders of joint groups, groups and professional groups of representatives to hear suggestions and opinions, and boost representatives' affairs.

Article 20 The SCMPC shall arrange the activity day of representatives once or twice every year around the key work points.

Representatives attending the activity day of representatives may form groups according to their professions or form groups freely, and take the ways of visits and forums to hear people' s opinions.

Representatives may also hold their duty cards to conduct on-the-spot inspections in their respective localities.

Article 21 The SCMPC shall establish the system of the day for representatives to receive people' s visits, and hear people' s suggestions, criticisms and opinions on the work of the SCMPC, the Municipal People' s Government, the Municipal Intermediate People' s Court and the Municipal People' s Procuratorate.

The activity of the day for representatives to receive people' s visits shall be carried out at least once every year. The reception places shall be generally set up at such local units as sub-district offices, districts or towns, and may also be set up at the standing committees of the Municipal and district People' s Congresses.

The time, place and contents of receiving visits shall be published at the mass media before receiving visits. Related special committees or working organs shall submit reflected problems to related units to handle within a month after receiving visits, and the related units shall give a written reply to visiting people within three months.

Article 22 The SCMPC shall provide special envelopes and letter papers to representatives, establish special telephone lines for representatives, and set up rooms of representatives to facilitate the performance of representatives' functions.

Article 23 The WCELARP shall be responsible for the daily work of receiving letters and visits of representatives, and refer important problems to related special committees or working organs to handle. If necessary, it shall report to the meeting of directors for deliberation.

Chapter 3  Guarantees of the Performance of Representatives' Functions

Article 24 The SCMPC shall provide guarantees for the performance of Representatives' Functions.

The SCMPC shall make and issue duty cards to representatives, who shall hold their duty cards to perform functions in accordance with laws.

When representatives hold their duty cards to perform functions, related units shall provide necessary assistance and convenience.

Article 25 The SCMPC shall provide necessary material conditions for the performance of representatives' functions, and give them funds and subsidies for activities. The funds that representatives need to perform functions shall be included in the financial budget of the governments at the corresponding levels, and shall be used for the special purpose.

Governments of the municipality, districts and towns shall provide necessary material support and assistance for the performance of representatives' functions in the corresponding election area.

Article 26 When a representative perform functions in accordance with laws, the unit, to which he belongs, shall ensure him the needed time, and provide facilities, and he shall duly enjoy his wage, premium, subsidy and welfare benefits of normal attendance. The representative with no fixed income of wages or salaries shall be subsidized by　the governmental finance at the corresponding level in light of the standard determined by the SCMPC.

Article 27 Representatives shall leave their posts of work and production to perform their functions for no less than twelve days every year, when the Municipal People' s Congress is not in session.

Article 28 No representative shall be investigate for   legal liability due to his speech or vote at any meeting of the people' s congress.

Article 29 Before a law enforcement agency carries out arrest, criminal trials or other compulsory measures of restricting personal freedom on a representative, it shall get the approval of the SCMPC or report to the SCMPC in accordance with legal procedures.

Article 30 The representative being restricted of personal freedom shall show his representative status, and have the right to provide complaint, which shall be transferred to the SCMPC by the judicial agency within twenty-four hours.

Article 31 All organizations and individuals shall respect the rights of representatives and support them in their performance of functions as representatives.

Any one, who refuses to assist a representative in the performance of functions, shall be given criticism, inculcation or administrative sanction by the related unit.

Any one, who obstructs a representative from performing his functions, shall be given administrative sanction by the unit he belongs to or the superior organ, or be punished according to the provisions of the Regulations of the PRC on Punishments in Public Order and Security Administration according to the circumstances. Any one, who obstructs, by means of violence or threat, a representative from performing his duty functions, shall be investigated for criminal responsibilities.

 Any one, who takes revenge on a representative performing his duty functions, shall be ordered to make correction or be given administrative sanction. The state functionary, who takes revenge and his act constitutes a crime, shall be investigated for criminal responsibilities. 

Chapter 4  Supplementary Provisions

        Article 32 These regulations shall become effective as of July 1, 2002. The regulations of the Standing Committee of the Shenzhen Municipal People' s Congress on Contacting Representatives and Representatives Contacting People (for Trial Implementation) adopted at the Second Session of the First Standing Committee of the Shenzhen Municipal People' s Congress on April 4, 1991 shall be abrogated simultaneously.