Constitution of the People’s Republic of China – Chapter III Section 5

By | March 11, 2013

Section 5 The Local People’s Congresses and Local People’s Government at Various Levels

Article 95 People’s congresses and people’s governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns.

The organization of local people’s congresses and local people’s governments at various levels is prescribed by law.

Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections 5 and 6 of Chapter III of the Constitution.

Article 96 Local people’s congresses at various levels are local organs of state power.

Local people’s congresses at or above the county level establish standing committees.

Article 97 Deputies to the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts are elected by the people’s congresses at the next lower level; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are elected directly by their constituencies.

The number of deputies to local people’s congresses at various levels and the manner of their election are prescribed by law.

Article 98 The term of office of the local people’s congresses at various levels is five years.

Article 99 Local people’s congresses at various levels ensure the observance and implementation of the Constitution and other laws and the administrative regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for the development of public services.

Local people’s congresses at or above the county level shall examine and approve the plans for economic and social development and the budgets of their respective administrative areas and examine and approve the reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees.

The people’s congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the nationalities concerned.

Article 100 The people’s congresses of provinces, and municipalities directly under the Central Government, and their standing committees may adopt local regulations, which must not contravene the Constitution and other laws and administrative regulations, and they shall report such local regulations to the Standing Committee of the National People’s Congress for the record.

Article 101 Local people’s congresses at their respective levels elect and have the power to recall governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns.

Local people’s congresses at or above the county level elect, and have the power to recall, presidents of people’s courts and chief procurators of people’s procuratorates at the corresponding level. The election or recall of chief procurators of people’s procuratorates shall be reported to the chief procurators of the people’s procuratorates at the next higher level for submission to the standing committees of the people’s congresses at the corresponding level for approval.

Article 102 Deputies to the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are subject to supervision by their constituencies.

The units and constituencies which elect deputies to local people’s congresses at various levels have the power to recall the deputies according to procedures prescribed by law.

Article 103 The standing committee of a local people’s congress at or above the county level is composed of a chairman, vice-chairmen and members, and is responsible and reports on its work to the people’s congress at the corresponding level.

A local people’s congress at or above the county level elects, and has the power to recall, members of its standing committee.

No one on the standing committee of a local people’s congress at or above the county level shall hold office in State administrative, judicial and procuratorial organs.

Article 104 The standing committee of a local people’s congress at or above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people’s government, people’s court and people’s procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people’s government at the corresponding level; annuls inappropriate resolutions of the people’s congress at the next lower level; decides on the appointment or removal of functionaries of State organs within the limits of its authority as prescribed by law; and, when the people’s congress at the corresponding level is not in session, recalls individual deputies to the people’s congress at the next higher level and elects individual deputies to fill vacancies in that people’s congress.

Article 105 Local people’s governments at various levels are the executive bodies of local organs of state power as well as the local organs of State administration at the corresponding levels.

Governors, mayors and heads of counties, districts, townships and towns assume overall responsibility for local people’s governments at various levels.

Article 106 The term of office of local people’s governments at various levels is the same as that of the people’s congresses at the corresponding levels.

Article 107 Local people’s governments at or above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train them, appraise their performance and reward or punish them.

People’s governments of townships, nationality townships, and towns execute the resolutions of the people’s congresses at the corresponding levels as well as the decisions and orders of the State administrative organs at the next higher level and conduct administrative work in their respective administrative areas.

People’s governments of provinces, and of municipalities directly under the Central Government decide on the establishment and geographic division of townships, nationality townships, and towns.

Article 108 Local people’s governments at or above the county level direct the work of their subordinate departments and of people’s governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and of the people’s governments at lower levels.

Article 109 Auditing bodies are established by local people’s governments at or above the county level. Local auditing bodies at various levels, independently and in accordance with the provisions of law, exercise their power of supervision through auditing and are responsible to the people’s government at the corresponding level and to the auditing body at the next higher level.

Article 110 Local people’s governments at various levels are responsible and report on their work to people’s congresses at the corresponding levels. Local people’s governments at or above the county level are responsible and report on their work to the standing committees of the people’s congresses at the corresponding levels when the congresses are not in session.

Local people’s governments at various levels are responsible and report on their work to the State administrative organs at the next higher level. Local people’s governments at various levels throughout the country are State administrative organs under the unified leadership of the State Council and are subordinate to it.

Article 111 The residents committees and villagers committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. The chairman, vice-chairmen and members of each residents or villagers committee are elected by the residents. The relationship between the residents and villagers committees and the grass-roots organs of state power is prescribed by law.

The residents and villagers committees establish sub-committees for people’s mediation, public security, public health and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents’ opinions and demands and make suggestions to the people’s government.

Category: Law

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