The National People's Congress of the People's Republic of China is the highest state organ of power. Its permanent organ is the National People's Congress Standing Committee.
The National People's Congress and the National People's Congress Standing Committee exercise the legislative power of the state.
The National People's Congress shall be composed of deputies elected from the provinces, autonomous regions, cities directly under central government jurisdiction, special administrative regions and armed forces. All ethnic minorities should have an appropriate number of deputies.
The election of deputies to the National People's Congress shall be presided over by the National People's Congress Standing Committee.
The number of deputies to the National People's Congress and the procedures for their election shall be prescribed by law.
Each National People's Congress shall have a term of five years.
The National People's Congress Standing Committee must complete the election of deputies to the next National People's Congress two months prior to the completion of the term of office of the current National People's Congress. If extraordinary circumstances prevent an election from going ahead, the election may be postponed and the term of office of the current National People's Congress may be extended by a resolution supported by at least two-thirds of the members of the current National People's Congress Standing Committee. The election of deputies to the next National People's Congress must be completed within one year of said extraordinary circumstances coming to an end.
A session of the National People's Congress shall be held once every year and shall be convened by the National People's Congress Standing Committee. If the National People's Congress Standing Committee deems it necessary, or one-fifth or more of National People's Congress deputies so propose, a session of the National People's Congress may be convened in the interim.
When the National People's Congress holds a session, it shall elect a presidium to conduct that session.
The National People's Congress shall exercise the following functions and powers:
The National People's Congress shall have the power to remove from office the following personnel:
Amendments to the Constitution must be proposed by the National People's Congress Standing Committee or by one-fifth or more of National People's Congress deputies and be adopted by a vote of at least two-thirds of National People's Congress deputies.
Laws and other proposals shall be adopted by a majority vote of the National People's Congress deputies.
The National People's Congress Standing Committee shall be composed of the following personnel:
a chairperson,
vice chairpersons,
a secretary general, and
members.
There should be an appropriate number of ethnic minority deputies who sit as members on the National People's Congress Standing Committee.
The National People's Congress shall elect, and have the power to remove from office, the members of the National People's Congress Standing Committee.
Members of the National People's Congress Standing Committee shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ of the state.
Each National People's Congress Standing Committee shall have the same term of office as that of the National People's Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the next National People's Congress.
The chairperson and vice chairpersons of the Standing Committee shall serve no more than two consecutive terms.
The National People's Congress Standing Committee shall exercise the following functions and powers:
The chairperson of the National People's Congress Standing Committee shall preside over the work of the National People's Congress Standing Committee and convene meetings of the National People's Congress Standing Committee. The vice chairpersons and the secretary general shall assist the chairperson in his or her work.
The chairperson, vice chairpersons and the secretary general constitute a Council of Chairpersons, which handles the important day-to-day work of the National People's Congress Standing Committee.
The National People's Congress Standing Committee shall be responsible to the National People's Congress and shall report to the Congress on its work.
The National People's Congress shall establish an Ethnic Affairs Committee, a Constitution and Law Committee, a Financial and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee and such other special committees as are necessary. When the National People's Congress is out of session, all special committees shall work under the leadership of the National People's Congress Standing Committee.
The special committees shall research, discuss and draw up relevant proposals under the leadership of the National People's Congress and the National People's Congress Standing Committee.
When the National People's Congress and the National People's Congress Standing Committee deem it necessary, they may organize investigation committees on specific issues and, based on investigation committee reports, adopt appropriate resolutions.
When an investigation committee is conducting an investigation, all state organs, social organizations and citizens concerned shall have the obligation to provide the committee with the necessary data.
Deputies to the National People's Congress and members of the National People's Congress Standing Committee shall have the power, in accordance with procedures prescribed by law, to submit proposals within the scope of the respective functions and powers of the National People's Congress and the National People's Congress Standing Committee.
Deputies to the National People's Congress, when the Congress is in session, and members of the National People's Congress Standing Committee, when the Standing Committee is meeting, shall have the power, in accordance with procedures prescribed by law, to submit inquiries to the State Council or the ministries and commissions under it. Organs that receive such inquiries must take responsibility for answering them.
Deputies to the National People's Congress shall not be arrested or placed on criminal trial without the consent of the presidium of the current session of the National People's Congress or, when the Congress is out of session, the consent of the National People's Congress Standing Committee.
The statements and votes of National People's Congress deputies at meetings of the National People's Congress shall not be subject to legal liability.
Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in the production, work and public activities they participate in, assist in the enforcement of the Constitution and the law.
Deputies to the National People's Congress should maintain close contact with the organizations and people that elected them, listen to and convey the opinions and demands of the people, and work hard to serve them.
Deputies to the National People's Congress shall be subject to the oversight of the organizations that elected them. Organizations that have elected deputies shall have the power to remove them from office in accordance with procedures prescribed by law.
The organization and working procedures of the National People's Congress and the National People's Congress Standing Committee shall be prescribed by law.
The president and the vice president of the People's Republic of China shall be elected by the National People's Congress.
Citizens of the People's Republic of China who have the right to vote and stand for election and who have reached the age of 45 are eligible for election as president or vice president of the People's Republic of China.
The president and the vice president of the People's Republic of China shall have the same term of office as that of the National People's Congress.
The president of the People's Republic of China, pursuant to decisions of the National People's Congress and the National People's Congress Standing Committee, promulgates laws, appoints or removes the premier, vice premiers, state councilors, ministers of ministries, ministers of commissions, the auditor general and the secretary general of the State Council, confers national medals and titles of honor, issues orders of special pardon, declares a state of emergency, declares a state of war, and issues mobilization orders.
The president of the People's Republic of China engages in affairs of state and receives foreign diplomatic envoys on behalf of the People's Republic of China and, pursuant to decisions of the National People's Congress Standing Committee, appoints or recalls plenipotentiary representatives abroad and ratifies or abrogates treaties and important agreements concluded with foreign countries.
The vice president of the People's Republic of China shall assist the president in his or her work.
The vice president of the People's Republic of China may, when so entrusted by the president, exercise part of the functions and powers of the president on his or her behalf.
The president and the vice president of the People's Republic of China shall exercise their functions and powers until the president and the vice president elected by the next National People's Congress assume office.
In the event that the office of president of the People's Republic of China becomes vacant the vice president shall succeed to the office of president.
In the event that the office of vice president of the People's Republic of China becomes vacant the National People's Congress shall elect a new vice president to fill the vacancy.
In the event that the offices of both president and vice president of the People's Republic of China become vacant the National People's Congress shall elect a new president and a new vice president; prior to their election, the chairperson of the National People's Congress Standing Committee shall temporarily act as the president.
The State Council of the People's Republic of China, namely, the Central People's Government, is the executive organ of the highest state organ of power; it is the highest state administrative organ.
The State Council is composed of the following personnel:
a premier,
vice premiers,
state councilors,
ministers of ministries,
ministers of commissions,
an auditor general, and
a secretary general.
The State Council shall practice a premier responsibility system. The ministries and commissions shall each practice a minister responsibility system.
The organization of the State Council shall be prescribed by law.
The State Council shall have the same term of office as that of the National People's Congress.
The premier, vice premiers and state councilors shall serve no more than two consecutive terms.
The premier shall direct the work of the State Council. The vice premiers and state councilors shall assist the premier in his or her work.
The premier, vice premiers, state councilors and the secretary general shall attend State Council executive meetings.
The premier shall convene and preside over State Council executive meetings and State Council plenary meetings.
The State Council shall exercise the following functions and powers:
State Council ministers of ministries and ministers of commissions shall be responsible for the work of their departments, and shall convene and preside over ministerial meetings or general and executive commission meetings to discuss and decide on major issues in their departments' work.
Ministries and commissions shall, in accordance with the law and the administrative regulations, decisions and orders of the State Council, issue orders and directives and promulgate regulations within the scope of their authority.
The State Council shall establish an audit office to conduct auditing oversight over the revenue and expenditure of all State Council departments and local governments at all levels, and over the revenue and expenditure of all state financial institutions, enterprises and public institutions.
The audit office shall, under the leadership of the premier of the State Council, independently exercise the power to conduct auditing oversight in accordance with the provisions of law, and shall not be subject to interference from other administrative organs, social organizations or individuals.
The State Council shall be responsible to the National People's Congress and shall report to the Congress on its work; when the National People's Congress is out of session it shall be responsible to the National People's Congress Standing Committee and shall report to the Standing Committee on its work.
The Central Military Commission of the People's Republic of China shall lead the country's armed forces.
The Central Military Commission is composed of the following personnel:
a chairperson,
vice chairpersons, and
members.
The Central Military Commission shall practice a chairperson responsibility system.
The Central Military Commission shall have the same term of office as that of the National People's Congress.
The chairperson of the Central Military Commission shall be responsible to the National People's Congress and the National People's Congress Standing Committee.
Provinces, cities directly under central government jurisdiction, counties, cities, municipal districts, townships, ethnic townships and towns shall establish people's congresses and people's governments.
The organization of local people's congresses at all levels and local people's governments at all levels shall be prescribed by law.
Autonomous regions, autonomous prefectures and autonomous counties shall establish autonomous organs. The organization and work of autonomous organs shall be prescribed by law in accordance with the basic principles laid down in Chapter III sections 5 and 6 of the Constitution.
Local people's congresses at all levels are local state organs of power.
Local people's congresses at and above the county level shall establish standing committees.
Deputies to the people's congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be elected by the people's congresses at the next level down; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be directly elected by their constituencies.
The number of deputies to local people's congresses at all levels and the procedures of their election shall be prescribed by law.
Local people's congresses at all levels shall have a term of five years.
Local people's congresses at all levels shall, within their administrative areas, ensure the observance and enforcement of the Constitution, laws and administrative regulations; they shall, according to the authority invested in them as prescribed by law, adopt and issue resolutions, and review and decide on local economic, cultural and public service development plans.
Local people's congresses at and above the county level shall review and approve the economic and social development plans and budgets of their administrative areas as well as reports on their implementation; they shall have the power to change or revoke inappropriate decisions made by their own standing committees.
The people's congresses of ethnic townships may, according to the authority invested in them as prescribed by law, take specific measures suited to ethnic characteristics.
The people's congresses of provinces and cities directly under central government jurisdiction and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, formulate local regulations, which shall be reported to the National People's Congress Standing Committee to be placed on record.
The people's congresses of cities divided into districts and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, or with the local regulations of their province or autonomous region, formulate local regulations in accordance with the provisions of law, which shall go into force after submission to the standing committee of the people's congress of their province or autonomous region and the receipt of approval.
Local people's congresses shall, at their respective levels, elect and have the power to remove from office governors and deputy governors, mayors and deputy mayors, county heads and deputy heads, municipal district heads and deputy heads, township heads and deputy heads, and town heads and deputy heads.
Local people's congresses at and above the county level shall elect, and have the power to remove from office, chairpersons of the commissions of supervision, presidents of the people's courts and chief procurators of the people's procuratorates at their respective levels. The election or removal of chief procurator of the people's procuratorate must be reported to the chief procurator of the people's procuratorate at the next level up for submission to the standing committee of the people's congress at that level for approval.
Deputies to the people's congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be subject to oversight by the organizations that elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be subject to oversight by their constituencies.
The organizations and constituencies that elect deputies to local people's congresses at all levels shall have the power to remove them from office in accordance with procedures prescribed by law.
The standing committees of local people's congresses at and above the county level shall be composed of a chairperson, vice chairpersons and members; they shall be responsible to the people's congresses at their respective levels and shall report to them on their work.
Local people's congresses at and above the county level shall elect, and have the power to remove from office, members of their standing committees.
Members of the standing committee of a local people's congress at or above the county level shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ of the state.
The standing committees of local people's congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people's government, the commission of supervision, the people's court and the people's procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people's government at the same level; revoke inappropriate resolutions adopted by the people's congress at the next level down; decide on the appointment or removal of employees of state organs according to the authority invested in them as prescribed by law; and, when people's congresses at their level are out of session, remove from office and elect to fill vacancies individual deputies to the people's congress at the next level up.
Local people's governments at all levels are the executive organs of the local state organs of power at their respective levels; they are the local state administrative organs at their respective levels.
Local people's governments at all levels shall practice a governor, mayor, county head, municipal district head, township head or town head responsibility system.
Local people's governments at all levels shall have the same term of office as that of the people's congresses at their respective levels.
Local people's governments at and above the county level shall, according to the authority invested in them as prescribed by law, manage administrative work related to the economy, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, etc., within their administrative areas; and shall issue decisions and orders, appoint or remove, train, evaluate, and award or punish administrative employees.
The people's governments of townships, ethnic townships and towns shall implement the resolutions of the people's congresses at their level and the decisions and orders of state administrative organs at the next level up; they shall manage the administrative work of their respective administrative areas.
The people's governments of provinces and cities directly under central government jurisdiction shall decide on the establishment of townships, ethnic townships and towns and their geographic division.
Local people's governments at and above the county level shall direct the work of their subordinate departments and of the people's governments at the next level down and shall have the power to change or revoke inappropriate decisions made by their subordinate departments and the people's governments at the next level down.
Local people's governments at and above the county level shall establish audit offices. Local audit offices at all levels shall, in accordance with the provisions of law, independently exercise the power to conduct auditing oversight; they shall be responsible to the people's government at their level and to the audit office at the next level up.
Local people's governments at all levels shall be responsible to the people's congresses at their levels and shall report to them on their work. Local people's governments at and above the county level shall, when the people's congresses at their level are out of session, be responsible to the standing committees of the people's congresses at their level and shall report to them on their work.
Local people's governments at all levels shall be responsible to state administrative organs at the next level up and shall report to them on their work. Local people's governments at all levels nationwide are state administrative organs under the unified leadership of the State Council; they shall all be subordinate to the State Council.
Residents committees and villagers committees, established among urban and rural residents on the basis of their place of residence, are primary-level people's organizations for self-governance. Residents committee and villagers committee chairpersons, vice chairpersons and members shall be elected by residents. The relations between residents committees and villagers committees and primary-level state bodies shall be prescribed by law.
Residents committees and villagers committees shall establish people's mediation, public security, public health and other subcommittees to handle public affairs and public services in the residential areas to which they belong, mediate civil disputes and help maintain public order; they shall convey residents' opinions and demands and make proposals to the people's government.
The autonomous organs of ethnic autonomous areas are the people's congresses and the people's governments of autonomous regions, autonomous prefectures and autonomous counties.
In the people's congresses of autonomous regions, autonomous prefectures and autonomous counties, aside from deputies of the ethnic group that exercises regional autonomy, other ethnic groups resident in that administrative area should also have an appropriate number of deputies.
On the standing committees of people's congresses of autonomous regions, autonomous prefectures and autonomous counties, there should be citizens of the ethnic group that exercises regional autonomy in office as chairperson or vice chairperson.
The offices of governor of an autonomous region, prefect of an autonomous prefecture and head of an autonomous county shall be filled by a citizen belonging to the ethnic group that exercises regional autonomy there.
The autonomous organs of autonomous regions, autonomous prefectures and autonomous counties shall exercise the functions and powers of local state organs as specified in Chapter III Section 5 of the Constitution; at the same time, they shall exercise the power to selfgovern according to the authority invested in them as prescribed by the Constitution and the Law on Regional Ethnic Autonomy and other laws, and, based on local circumstances, shall implement the laws and policies of the state.
The people's congresses of ethnic autonomous areas shall have the power to formulate autonomous regulations and local-specific regulations in accordance with the political, economic and cultural characteristics of the ethnic groups in their areas. The autonomous regulations and local-specific regulations of autonomous regions shall go into effect after submission to the National People's Congress Standing Committee and receipt of approval. The autonomous regulations and local-specific regulations of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people's congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People's Congress Standing Committee to be placed on record.
Autonomous organs of ethnic autonomous areas shall have the autonomy to manage their local finances. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area.
Autonomous organs of ethnic autonomous areas shall, under the guidance of state plans, autonomously plan for and manage local economic development.
When the state is exploiting resources or establishing enterprises in an ethnic autonomous area, it should be attentive to the interests of that area.
Autonomous organs of ethnic autonomous areas shall autonomously manage the educational, scientific, cultural, health and sports undertakings of their areas, protect and restore the cultural heritage of their ethnic groups, and promote the development and a thriving of ethnic cultures.
Autonomous organs of ethnic autonomous areas may, in accordance with the military system of the state and local needs, and with the approval of the State Council, organize local public security units to maintain public order.
In performing their duties, autonomous organs of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area.
The state shall provide financial, material and technical assistance to ethnic minorities to accelerate their economic and cultural development.
The state shall assist ethnic autonomous areas in training on a large scale officials at all levels, different types of specialized personnel and technical workers from among that area's ethnic groups.
Commissions of supervision of the People's Republic of China at all levels are the supervisory organs of the state.
The People's Republic of China shall establish a National Commission of Supervision and local commissions of supervision at all levels.
A commission of supervision shall be composed of the following personnel:
a chairperson,
vice chairpersons, and
members.
The chairperson of a commission of supervision shall have the same term of office as that of the people's congress at the same level. The chairperson of the National Commission of Supervision shall serve no more than two consecutive terms.
The organization, functions and powers of the commissions of supervision shall be prescribed by law.
The National Commission of Supervision of the People's Republic of China is the highest supervisory organ.
The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; commissions of supervision at higher levels shall direct the work of those at lower levels.
The National Commission of Supervision shall be responsible to the National People's Congress and the National People's Congress Standing Committee. Local commissions of supervision at all levels shall be responsible to the state organs of power that created them and to the commissions of supervision at the next level up.
Commissions of supervision shall, in accordance with the provisions of law, independently exercise supervisory power, and shall not be subject to interference from any administrative organ, social organization or individual.
The supervisory organs, in handling cases of duty-related malfeasance or crime, shall work together with adjudicatory organs, procuratorial organs and law enforcement departments; they shall act as a mutual check on each other.
The people's courts of the People's Republic of China are the adjudicatory organs of the state.
The People's Republic of China shall establish a Supreme People's Court and local people's courts at all levels, military courts and other special people's courts.
The president of the Supreme People's Court shall have the same term of office as that of the National People's Congress and shall serve no more than two consecutive terms.
The organization of the people's courts shall be prescribed by law.
Except in special circumstances as prescribed by law, all cases in the people's courts shall be tried in public. The accused shall have the right to defense.
The people's courts shall, in accordance with the provisions of law, independently exercise adjudicatory power, and shall not be subject to interference from any administrative organ, social organization or individual.
The Supreme People's Court is the highest adjudicatory organ.
The Supreme People's Court shall oversee the adjudicatory work of local people's courts at all levels and of special people's courts; people's courts at higher levels shall oversee the adjudicatory work of those at lower levels.
The Supreme People's Court shall be responsible to the National People's Congress and the National People's Congress Standing Committee. Local people's courts at all levels shall be responsible to the state organs of power that created them.
The people's procuratorates of the People's Republic of China are the legal oversight organs of the state.
The People's Republic of China shall establish a Supreme People's Procuratorate, local people's procuratorates at all levels, military procuratorates and other special people's procuratorates.
The procurator general of the Supreme People's Procuratorate shall have the same term of office as that of the National People's Congress and shall serve no more than two consecutive terms.
The organization of the people's procuratorates shall be prescribed by law.
The people's procuratorates shall, in accordance with the provisions of law, independently exercise procuratorial power, and shall not be subject to interference from any administrative organ, social organization or individual.
The Supreme People's Procuratorate is the highest procuratorial organ.
The Supreme People's Procuratorate shall direct the work of local people's procuratorates at all levels and of special people's procuratorates; people's procuratorates at higher levels shall direct the work of those at lower levels.
The Supreme People's Procuratorate shall be responsible to the National People's Congress and the National People's Congress Standing Committee. Local people's procuratorates at all levels shall be responsible to the state organs of power that created them and to the people's procuratorates at higher levels.
Citizens of all ethnic groups shall have the right to use their own ethnic group's spoken and written languages in court proceedings. The people's courts and the people's procuratorates should provide translation services for any party to court proceedings who does not have a good command of the spoken or written languages commonly used in the locality.
In areas inhabited by people of an ethnic minority or by a number of ethnic groups living together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written in the language or languages commonly used in the locality according to actual needs.
In handling criminal cases, the people's courts, the people's procuratorates and public security organs should each be responsible for their respective tasks, work together with each other, and act as checks on each other to ensure the faithful and effective enforcement of the law.