Chapter Ⅶ Investigation into Special Issues

Article 39 When the standing committees of the people’s congresses at all levels need to adopt resolutions or decisions on matters which fall within the scope of their powers, but they are not clear about certain important facts involved, they may set up investigation commissions on special issues.

Article 40 The Council of Chairmen or the council of chairmen may propose to the standing committee of the people’s congress at the corresponding level that an investigation commission on special issues should be set up, for the latter to deliberate.

At least one-fifth of the component members of the standing committee may jointly submit a written proposal to the standing committee of the people’s congress at the corresponding level that an investigation commission on special issues should be set up, for the Council of Chairmen or the council of chairmen to decide to put it forward to the standing committee for deliberation, or do so by referring it to the special committee concerned for deliberation and drawing up a report on it first.

Article 41 An investigation commission on special issues shall be composed of a chairman, vice-chairmen and members, who are to be nominated by the Council of Chairmen or the council of chairmen from among the component members of the standing committee and deputies to the people’s congress at the corresponding level, subject to deliberation and acceptance by the standing committee. The investigation commission may invite experts to take part in investigation.

The component members of the standing committee and other persons who have an interest in the issue under investigation shall not join the investigation commission.

Article 42 When the investigation commission conducts investigation, the State organs, public organizations, enterprises and institutions and citizens concerned all have the duty to provide it with the necessary materials.

The investigation commission shall keep the origin of the materials confidential if so requested by the citizen who provides them.

In the course of investigation, the investigation commission may choose not to publish the results and materials of the investigation.

Article 43 The investigation commission shall submit an investigation report to the standing committee that sets it up. The standing committee may make an appropriate resolution or decision on the basis of the report.

Chapter Ⅷ Deliberation and Decision on Proposals for Removal from Office

Article 44 The standing committee of a local people's congress at or above the county level may decide, when the people's congress is not in session, decide on the removal from office of individual deputy governors, vice-chairmen of an autonomous region, deputy mayors, deputy prefects and deputy county or district heads of the people’s government at the corresponding level; and it may remove from office the other component members of the people’s government, vice-presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people's courts, deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates, presidents of the intermediate people's courts and chief procurators of the branches of the people's procuratorates, all at the corresponding level--all of whom are appointed by it.

Article 45 The local people’s government, people’s court and people’s procuratorate at or above the county level may submit to the standing committee of the people’s congress at the corresponding level proposals for removal from office of the staff members of the State organs as specified in Article 44 of this Law.

The council of chairmen of a standing committee of a local people’s congress at or above the county level may submit to the standing committee proposals for removal from office of the staff members of State organs as specified in Article 44 of this Law.

At least one-fifth of the component members of the standing committee of a local people’s congress at or above the county level may jointly submit to the standing committee written proposals for removal from office of the staff members of State organs as specified in Article 44 of this Law, subject to decision by the council of chairmen as to whether to submit the proposals to the meeting of the standing committee for deliberation; or the council of chairmen, may propose a motion to set up an investigation commission, upon decision by the standing committee at a plenary meeting, and the standing committee shall, on the basis of the report from the investigation commission, make a decision on the proposals after deliberation at a subsequent meeting.

Article 46 In a proposal for removal from office, the persons subject to removal and the reasons for their removal shall clearly be stated, and the relevant materials shall also be provided.

Before a proposal for removal from office is submitted for voting, the person for whose removal a proposal is submitted shall have the right to defend himself at the meeting of the standing committee, or to do so by submitting his written defence, which shall be distributed at the meeting of the standing committee upon decision by the council of chairmen.

The voting of a proposal for removal from office shall be conducted by secret ballot, and the proposal shall be adopted by more than half of all the component members of the standing committee.

Chapter Ⅸ Supplementary Provisions

Article 47 The standing committee of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and other relevant laws and in light of the actual local conditions, formulate measures for implementation.

Article 48 This Law shall go into effect as of January 1, 2007.