Provisions of Shanghai Municipal People's Congress on Deputies' Motions

(Adopted at the 1st Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on April 20, 1988；amended for the first time in accordance with the Decision on Amending the Provisions of Shanghai Municipal People's Congress on Deputies’ Motions adopted at the 3rd Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on April 30, 1990; amended for the second time in accordance with the Decision on Amending the Provisions of Shanghai Municipal People's Congress on Deputies’ Motions adopted at the 15th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on January 18, 1995; amended for the third time in accordance with the Decision on Amending the Provisions of Shanghai Municipal People's Congress on Deputies’ Motions adopted at the 8th Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 25, 2008; revised at the 3rd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on January 29, 2015; amended for the fourth time in accordance with the Decision on Revising the Five Local Rules Including the Implementation Rules of Shanghai Municipality for Direct Election of Deputies to the District and Town/Township People's Congresses adopted at the 28th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on April 21, 2016；amended for the fifth time in accordance with the Decision on Amending the Procedures of Shanghai Municipality on the Implementation of the Law of the People’s Republic of China on Deputies to the National People's Congress and the Local People's Congresses at All Levels and Two Other Local Rules and Repealing the Provisions of Shanghai Municipality on Conferring the Title of Honorary Citizen adopted at the 45th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on October 28, 2022)

Article 1

With a view to doing a good job of handling the deputies’ motions of the Municipal People’s Congress (hereinafter referred to as the deputies), these Provisions are formulated in accordance with the provisions of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China, the Law of the People’s Republic of China on Deputies to the National People's Congress and the Local People's Congresses at All Levels and other laws and rules and in the light of the actual circumstances of this Municipality.

Article 2

To propose a motion to the Municipal People's Congress according to law is the deputies’ legal right of participation in the administration of the local and state affairs.

Article 3

To handle deputies’ motions is a statutory duty of relevant municipal organs and organizations. Special committees of the municipal and district people's congresses, agencies and offices of the Standing Committee and the relevant municipal organs and organizations shall ensure services to deputies in brewing and preparing motions.

Article 4

Deputies shall put forward motions on the major issues in this administrative region's economic and social development process as well as the issues of common concerns of masses through the activities of inspections, special investigations, communications with original electoral units and the public etc.

Article 5

The content of the motion shall be within the scope of authority of the Municipal People's Congress.

The motion shall consist of the subjects, grounds and schemes whereas subjects are clear and definite, grounds are full and rational and schemes are specific and concrete. The motion put forward for legislation shall consist of the draft regulations, legislative purpose, main content and descriptions.

The motion shall be put forward jointly by more than ten deputies, with one leading person in place. The leading deputy shall provide the motion text to the deputies, who second it, jointly sign it and review it. Deputies sign and put forward the motion through collective discussion with one accord.

Deputies shall put forward a motion by the mode of one matter at a time, use the special motion paper uniformly printed by the Secretariat of the Municipal People’s Congress and submit it through "Online Processing System for Proposals, Criticisms and Opinions for Deputies to Shanghai Municipal People’s Congress.”

Article 6

The issues that comply with Article 5 of these Provisions in the following cases can be put forward as deputies’ motions. The presidium of the Municipal People’s Congress, special committees or the motion review committee shall dispose them as deputies’ motions:

1.formation, amendment, repeal and interpretation of the local rules of this Municipality;

2.major issues decided by the Municipal People's Congress regarding implementation of the Constitution, laws, administrative regulations and local rules;

3.issues supervised by the Municipal People's Congress over the people's government of the same level, people's court and people's procuratorate;

4. major issues decided by the Municipal People's Congress; and

5. other issues within the scope of authority of the Municipal People's Congress.

Article 7

The following issues cannot be put forward as deputies’ motions:

1. those within the scope of authority of the central state organs;

2. matters that fall within the scope of the functions and powers of the administrative agency, supervisory organ, and judicial organ.

3. those within the scope of authority of district and town/township people’s congresses;

4. issues of political parties, social organizations, enterprises and organs as well as issues of individuals; and

5. other issues that are not within the scope of authority of the Municipal People's Congress.

Article 8

Motions shall generally be put forward by deputies during the session of the Municipal People's Congress. Motion put forward at the session of the Municipal People’s Congress refers to the motion submitted from the convening date of the Congress till the deadline determined by the presidium of the Municipal People's Congress.

The motion formulated after the deadline prescribed by the presidium of the Municipal People’s Congress shall be handled in accordance with Article 10 of these Provisions.

Article 9

Deputies’ motions put forward during the session period of the Municipal People's Congress shall be first transferred to the secretariat of the Congress for registration, classification, to be forwarded for review to a special committees for handling opinions; the motions shall be submitted by the secretariat to the motion review committee of the Municipal People's Congress for handling opinions each time at the first session of the Congress.

Congress secretariat shall communicate with the deputies of the motion, contact them, listen to their views; and advise the deputies to modify, perfect the motions that do not meet the requirements of Article 5 to be re-submitted or be submitted as suggestions, criticisms and opinions.

Article 10

The motions of the deputies put forward during adjournment period of the Municipal People's Congress shall be submitted to the deputies’ agency of the Standing Committee of the Municipal People’s Congress for registration and classification. The motions that do not meet the requirements of Article 5 shall be advised to the deputies’ for re-submitting or submitting as suggestions, criticisms and opinions.

The deputies’ agency of the Standing Committee of the Municipal People's Congress shall, within 15 days upon receipt of the motion, submit it to the Municipal People's Congress for review. The special committee of the Municipal People's Congress shall fully listen to the views of deputies and forward the handling opinions within 30 days upon reception of the motion to the deputies’ agency of the Standing Committee of the Municipal People's Congress.

At the next session of the Municipal People’s Congress, the deputies’ agency of the Standing Committee of the Municipal People’s Congress shall forward the deputies’ motions proposed during adjournment period as well as the handling opinions of the special committees under the Municipal People's Congress to the Congress secretariat for handling, along with the motions proposed during the session.

Article 11

The Congress secretariat shall forward the report of handling opinions to the Presidium of the Municipal People's Congress, based on the handling opinions of the relevant special committee or motion review committee of the Municipal People's Congress, for presidium to decide whether to put the motion into the congress agenda, or forward it to a special committee or motion review committee for the examination and then decide whether to put the motion in the agenda of this congress.

The report of the motion handling opinions, reviewed and adopted by the Presidium of the Municipal People's Congress, shall be printed and distributed to all the deputies.

Article 12

For deputies’ motion, decided by the Presidium of the Municipal People’s Congress to be put into the congress agenda, the deputies that have proposed the motion shall offer explanation of the motion for the Presidium of the Congress to distribute them to the delegations for review. The relevant special committees of the People's Congress or the motion review committee shall collect and review the motions, put forward the report of the motion review for the Presidium to decide whether to put the motion to the plenary session for vote.

The motion, decided by the Presidium of the Municipal People’s Congress not to be put into the congress agenda, shall be forwarded to the relevant special committees of the People's Congress or the Executive Committee Meeting of the Standing Committee of the Municipal People’s Congress for review after the close of the session.

The motions, decided by the Presidium of the Municipal People’s Congress not to be put into the congress agenda, shall be notified in written to the deputies with the explanations in accordance with Article 9 of these Provisions by the special committee of the Municipal People’s Congress or the motion review committee that put forward the motion handling opinions.

Article 13

The motion within the agenda of the Congress, requested by part of deputies to withdraw before the vote of the plenary session, shall be terminated for review by the Presidium of the Municipal People’s Congress through consensus in case that fewer than 10 deputies insist in proposing the motion.

The motion not in the agenda of the Congress, requested by part of deputies to withdraw, shall be terminated for handling in case fewer than ten deputies insist in proposing the motion.

Article 14

More than half and not less than 10 deputies who put forward the motion have a dissent to the decision of non-dispose as a motion by the Presidium of the Municipal People's Congress may submit a written request 4 hours before the last session to be convened by the Presidium for reconsideration.

The Presidium shall forward the reconsideration request of deputies to the special committee of the Municipal People's Congress or the motion review committee for reviewing and disposing opinions. The reconsideration decision shall be made by the Presidium or by the Standing Committee of the Municipal People's Congress at its first session after the close of the congress. Reconsideration decision shall be notified to the deputies of the motion.

Article 15

For the motion of deputies decided by the Presidium of the Municipal People's Congress to be forwarded to the relevant special committee or the Executive Committee Meeting of the Standing Committee of the Municipal People's Congress for review after the close of the congress, the special committee or the Executive Committee Meeting shall, within three months after the close of the congress, submit the report of the handling results to the Standing Committee of the Municipal People’s Congress for review.

The report of reviewing results shall consist of the main content of the motion, general situation of hearing and adoption of the opinions from the relevant organ, organizations, the opinions from the deputies who put forward the motion, as well as the reviewing opinions from the special committee or the Executive Committee Meeting of the Standing Committee of the Municipal People's Congress. Details can be described in accessories, if necessary.

Article 16

The special committee of the Municipal People’s Congress shall convene a meeting for the members of the Committee to review the motion of deputies; if necessary, hold forums, seminars, hearings, and fully listen to their handling opinions towards the motion.

Article 17

In case that the motion reviewed by the special committee of the Municipal People's Congress needs solicitation of views from the relevant municipal organs, organizations before reviewing, it shall be submitted to the relevant municipal organs, organizations for review within 15 days after the close of the congress. The relevant municipal organs, organizations shall put forward opinions within 30 days after the close of the session.

When reviewing the motion of the deputies, the relevant municipal organs, organizations shall first listen to the leading deputy on his explanation of the motion as well the handling proposals.

Article 18

The report of the reviewing results of deputies’ motion shall adopt the reasonable opinions from the relevant organs, organizations as well as from the deputies that put forward the motion. For practical motion, the special committee of the Municipal People's Congress shall recommend it into the agenda of the next session of the Municipal People's Congress or into the agenda of the Standing Committee. For the motions that temporally cannot be put in the agenda, the special committee may recommend it into the legislative plan or the working plan of the Standing Committee of the Municipal People's Congress or as a reference to the work of the Standing Committee.

Article 19

Decision shall be made in the report of the reviewing results of deputies’ motion by the Standing Committee of the Municipal People's Congress whether to bring the motion into the agenda of the next session of the Municipal People's Congress, or into the agenda of the session of its Standing Committee, or submit the report to the relevant municipal organs, organizations for handling. If necessary, the Standing Committee may decide to put the deputies’ motion into the legislative plan or the working plan of the Standing Committee of the Municipal People's Congress or as a reference to the work of the Standing Committee.

When examining the report of the reviewing results of the deputies’ motion, the Standing Committee of the Municipal People’s Congress shall invite the leading deputy of the motion to attend the session.

Article 20

For the report of the reviewing results of deputies motion decided by the Standing Committee of the Municipal People’s Congress to be transferred and handled, the relevant municipal organs, organizations shall, within 3 months from the date of being transferred for handling, forward a report of the handling situation to the Standing Committee, with a copy made to the relevant special committee of the Municipal People's Congress. The report of handling situation shall offer a work plan which consists of the definite handling organ, measures, time requirements etc.

When handling the report of the reviewing results of the deputy motion, the relevant municipal organs, organizations shall listen to the views of the special committee of the Municipal People's Congress as well as the leading deputy of the motion in their scheme formation.

Article 21

The handling report made by the relevant municipal organs, organizations shall be forwarded by the Executive Committee Meeting of the Standing Committee of the Municipal People's Congress to the Standing Committee for review. The report objected by the session of the Standing Committee of the Municipal People's Congress shall be re-handled by the relevant organs, organizations and forwarded to the Standing Committee with a report of re-handling situation within one month, and be copied to the special committee of the Municipal People's Congress simultaneously.

When reviewing the handling report as well as the re-handled report, submitted by the relevant municipal organs, organizations, the Standing Committee of the Municipal People's Congress shall invite the leading deputy that put forward the motion to attend the session.

Article 22

The Municipal People's Congress and its Standing Committee as well as the special committees shall conduct supervision and inspection on the reviewing of the handling results of deputies’ motions to the relevant municipal organs and organizations.

Deputies can make inspection in the case of reviewing the handling results, and ask questions or inquiries in accordance with laws.

Article 23

Where the relevant content of the deputy motion is adopted in the local rules draft or in the decision draft of major issues by the Municipal People's Congress or its Standing Committee, elaborations shall be set forth in the relevant drafting.

Article 24

The reports of the reviewing results as well as of the handling results shall be made known to deputies and the public through the "Duty Performance Platform for Deputies to Shanghai Municipal People’s Congress" and "Gazette of the Standing Committee of Shanghai Municipal People's Congress ".

Article 25

Proposing and handling deputies’ motions at the district and town/township people’s congresses shall be implemented with reference to these Provisions.

Article 26

These Provisions shall be effective as of March 1, 2015.