Chinese Authority
Section 1 The National People's Congress
Article 57 The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent organ is the Standing Committee of the National People's Congress.
Article 58 The National People's Congress and its Standing Committee exercise the legislative power of the State.
Article 59 The National People's Congress is composed of deputies elected from provinces, autonomous regions, municipalities directly under the Central Government, special administrative regions and the armed forces. All ethnic minorities should have appropriate representation.
The election of deputies to the National People's Congress shall be presided over by the Standing Committee of the National People's Congress.
The number of deputies to the National People's Congress and the method for selecting them shall be prescribed by law.
Article 60 The term of office of the National People's Congress is five years.
Two months before the expiration of the term of office of the National People's Congress, the Standing Committee of the National People's Congress must complete the election of deputies to the next National People's Congress. If an election cannot be held under extraordinary circumstances, the Standing Committee of the National People's Congress may postpone the election and extend the term of office of the current National People's Congress by a majority of more than two-thirds of all its members. The election of deputies to the next National People's Congress must be completed within one year after the end of extraordinary circumstances.
Article 61 The National People's Congress meets in session once a year and is convened by its Standing Committee. If the Standing Committee of the National People's Congress deems it necessary, or if more than one-fifth of the deputies to the National People's Congress propose, it may convene a session of the National People's Congress temporarily.
When the National People's Congress is in session, it elects a presidium to preside over the session.
Article 62 The National People's Congress exercises the following functions and powers:
（1） Amending the Constitution;
（2） To supervise the implementation of the Constitution;
（3） To enact and amend basic criminal, civil, state agency and other laws;
（4） To elect the President and Vice President of the People's Republic of China;
（5） To decide on the choice of the Premier of the State Council upon nomination by the President of the People's Republic of China; To decide on the candidates for Vice Premiers, State Councillors, Ministers in charge of ministries and commissions, the Auditor General and the Secretary General of the State Council upon nomination by the Premier of the State Council;
（6） Election of the Chairman of the Central Military Commission; To decide on the candidates for other members of the Central Military Commission upon nomination by the Chairman of the Commission;
（7） To elect the President of the Supreme People's Court;
（8） To elect the Procurator General of the Supreme People's Procuratorate;
（9） To examine and approve plans for national economic and social development and reports on their implementation;
（10） To examine and approve the state budget and the report on its implementation;
（11） To alter or annul inappropriate decisions of the Standing Committee of the National People's Congress;
（12） To approve the establishment of provinces, autonomous regions and municipalities directly under the Central Government;
（13） To decide on the establishment of special administrative regions and their systems;
（14） Decide on the issue of war and peace;
（15） Other functions and powers that should be exercised by the highest organ of state power.
Article 63 The National People's Congress has the power to remove from office the following persons:
（1） The President and Vice President of the People's Republic of China;
（2） The Premier, Vice Premiers, State Councillors, Ministers in charge of ministries and commissions, the Auditor General and the Secretary General of the State Council;
（3） Chairman of the Central Military Commission and other members of the Central Military Commission;
（4） President of the Supreme People's Court;
（5） The Procurator General of the Supreme People's Procuratorate.
Article 64 Amendments to the Constitution shall be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by the National People's Congress by a majority of more than two-thirds of all the deputies.
Laws and other bills shall be adopted by more than half of all the deputies to the National People's Congress.
Article 65 The Standing Committee of the National People's Congress is composed of the following members:
The Chairman,
Several Vice Chairmen,
Secretary general,
Several members.
Among the members of the Standing Committee of the National People's Congress, there should be an appropriate number of deputies from minority nationalities.
The National People's Congress elects and has the power to recall members of its Standing Committee.
Members of the Standing Committee of the National People's Congress may not hold positions in the administrative, judicial and procuratorial organs of the State.
Article 66 The term of office of the Standing Committee of the National People's Congress is the same as that of the National People's Congress, and it exercises its functions and powers until the next National People's Congress elects a new Standing Committee.
The Chairman and Vice Chairmen shall serve no more than two consecutive terms.
Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers:
（1） Interpreting the Constitution and supervising its implementation;
（2） To enact and amend laws other than those that should be enacted by the National People's Congress;
（3） When the National People's Congress is not in session, it shall partially supplement and amend the laws enacted by the National People's Congress, but shall not contravene the basic principles of the laws;
（4） Interpretation of laws;
（5） To examine and approve, when the National People's Congress is not in session, plans for national economic and social development and partial adjustments to the state budget that must be made in the process of implementation;
（6） To supervise the work of the State Council, the Central Military Commission, the Supreme People's Court and the Supreme People's Procuratorate;
（7） To annul administrative regulations, decisions and orders formulated by the State Council that contravene the Constitution and laws;
（8） Annul local regulations and resolutions enacted by the organs of state power of provinces, autonomous regions and municipalities directly under the Central Government that contravene the Constitution, laws and administrative regulations;
（9） To decide, when the National People's Congress is not in session, on the nomination of the Premier of the State Council, on the candidates for ministers, committee chairmen, the Auditor General and the Secretary General;
（10） To decide, when the National People's Congress is not in session, on the nomination of the Chairman of the Central Military Commission, on the selection of other members of the Central Military Commission;
（11） To appoint or remove, at the request of the President of the Supreme People's Court, the Vice President, judges, members of the judicial committee and the President of the military court of the Supreme People's Court;
（12） To appoint or remove, at the request of the Procurator General of the Supreme People's Procuratorate, the Deputy Procurators General, procurators, members of the procuratorial committee and the Procurator General of the Military Procuratorate of the Supreme People's Procuratorate, and to approve the appointment or removal of the Procurators General of the People's Procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;
（13） To decide on the appointment and removal of plenipotentiaries abroad;
（14） To decide on the ratification and abrogation of treaties and important agreements concluded with foreign countries;
（15） To stipulate the rank system and other special rank systems for military and diplomatic personnel;
（16） To stipulate and decide on the medals and honorary titles to be awarded to the State;
（17） To decide on an amnesty;
（18） To decide, when the National People's Congress is not in session, on the declaration of a state of war in the event of armed aggression against the country or the need to comply with international treaties to jointly prevent aggression;
（19） Decide on national mobilization or local mobilization;
（20） Decides to enter a state of emergency throughout the country or in individual provinces, autonomous regions and municipalities directly under the Central Government;
（21） Other functions and powers granted by the National People's Congress.
Article 68 The Chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee of the National People's Congress and convenes its meetings. The Vice Chairmen and the Secretary General shall assist the Chairman in his work.
The Chairman, Vice Chairmen and Secretary General constitute the Council of Chairmen, which handles the important day-to-day work of the Standing Committee of the National People's Congress.
Article 69 The Standing Committee of the National People's Congress is responsible and reports on its work to the National People's Congress.
Article 70 The National People's Congress establishes a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and other special committees that need to be established. When the National People's Congress is not in session, the special committees are under the leadership of the Standing Committee of the National People's Congress.
Under the leadership of the National People's Congress and its Standing Committee, the special committees study, deliberate and draft relevant bills and proposals.
Article 71 The National People's Congress and the Standing Committee of the National People's Congress may, when they deem it necessary, organize an investigation committee on specific issues and, on the basis of the report of the investigation committee, make corresponding resolutions.
When an investigation committee conducts an investigation, all relevant state organs, social organizations and citizens have the obligation to provide it with necessary materials.
Article 72 Deputies to the National People's Congress and members of the Standing Committee of the National People's Congress have the right, in accordance with procedures prescribed by law, to submit bills and proposals that fall within the scope of the functions and powers of the National People's Congress and its Standing Committee, respectively.
Article 73 Deputies to the National People's Congress and members of the Standing Committee of the National People's Congress have the right, in accordance with the procedures prescribed by law, to address questions to the State Council or the ministries and commissions under the State Council during the sessions of the Congress and the Standing Committee. The organ questioned must be responsible for giving a reply.
Article 74 No deputy to the National People's Congress may be arrested or placed on criminal trial without the permission of the Presidium of the session of the National People's Congress or, when the National People's Congress is not in session, without the permission of its Standing Committee.
Article 75 Deputies to the National People's Congress shall not be held legally liable for their speeches and votes at various meetings of the Congress.
Article 76 Deputies to the National People's Congress must exemplary abide by the Constitution and the law, keep state secrets and, in production, work and social activities in which they participate, assist in the implementation of the Constitution and the law.
Deputies to the National People's Congress should maintain close contact with the units that elected them and the people, listen to and reflect the views and demands of the people, and work hard to serve the people.
Article 77 Deputies to the National People's Congress are subject to supervision by the units that elected them. The units that elected them have the right to recall the deputies they elected in accordance with the procedures prescribed by law.
Article 78 The organization and working procedures of the National People's Congress and its Standing Committee shall be prescribed by law.
Section 2 The President of the People's Republic of China
Article 79 The President and Vice President of the People's Republic of China are 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 have reached the age of 45 may be elected President and Vice President of the People's Republic of China.
The term of office of the President and Vice President of the People's Republic of China is the same as that of the National People's Congress, and they may not serve more than two consecutive terms.
Article 80 The President of the People's Republic of China, in accordance with the decisions of the National People's Congress and the Standing Committee of the National People's Congress, promulgates laws, appoints or removes the Premier, Vice Premiers, State Councillors, ministers in charge of ministries and commissions, the Auditor General and the Secretary General of the State Council, confers state medals and honorary titles, issues amnesty orders and declares a state of emergency, Declare the state of war and issue mobilization orders.
Article 81 The President of the People's Republic of China conducts state activities on behalf of the People's Republic of China and receives foreign diplomatic envoys; In accordance with the decisions of the Standing Committee of the National People's Congress, we shall dispatch and recall plenipotentiaries abroad, and ratify and abrogate treaties and important agreements concluded with foreign countries.
Article 82 The Vice President of the People's Republic of China assists the President in his work.
The Vice President of the People's Republic of China, entrusted by the President, may exercise some of the functions and powers of the President.
Article 83 The President and Vice President of the People's Republic of China shall exercise their functions and powers until the President and Vice President elected by the next National People's Congress assume office.
Article 84 In the event that the office of the President of the People's Republic of China falls vacant, the Vice President shall succeed to the office of the President.
In the event that the office of the Vice President of the People's Republic of China falls vacant, the National People's Congress shall hold a by election.
When both the President and the Vice President of the People's Republic of China are vacant, the National People's Congress shall elect by election; Prior to the by election, the Chairman of the Standing Committee of the National People's Congress shall temporarily act as Chairman.
Section 3 The State Council
Article 85 The State Council of the People's Republic of China, that is, the Central People's Government, is the executive organ of the highest organ of state power and the highest organ of state administration.
Article 86 The State Council is composed of the following personnel:
The Prime Minister,
Several Vice Premiers,
Several State Councilors,
Ministers in charge of all departments,
Chairmen of committees,
Auditor General,
Secretary general.
The Premier assumes overall responsibility for the work of the State Council. All ministries and commissions shall implement the ministerial and director responsibility system.
The organization of the State Council shall be prescribed by law.
Article 87 The term of office of the State Council is the same as that of the National People's Congress.
The Premier, Vice Premiers and State Councillors shall serve no more than two consecutive terms.
Article 88 The Premier directs the work of the State Council. The Vice Premier and the State Councilor shall assist the Premier in his work.
The Premier, the Vice Premiers, the State Councillors and the Secretary General constitute the executive meetings of the State Council.
The Premier shall convene and preside over the executive meetings and plenary meetings of the State Council.
Article 89 The State Council shall exercise the following functions and powers:
（1） To stipulate administrative measures, formulate administrative regulations, and issue decisions and orders in accordance with the Constitution and laws;
（2） To submit proposals to the National People's Congress or its Standing Committee;
（3） To stipulate the tasks and responsibilities of the ministries and commissions, to lead the work of the ministries and commissions in a unified way, and to lead national administrative work that does not belong to the ministries and commissions;
（4） To exercise unified leadership over the work of local state administrative organs at various levels throughout the country, and to define the specific division of functions and powers between the central government and the state administrative organs of provinces, autonomous regions, and municipalities directly under the Central Government;
（5） To formulate and implement plans for national economic and social development and the state budget;
（6） To lead and manage economic work and urban and rural development;
（7） To lead and manage education, science, culture, health, sports and family planning;
（8） To lead and administer civil affairs, public security, judicial administration and supervision;
（9） To administer foreign affairs and conclude treaties and agreements with foreign countries;
（10） To lead and manage national defense construction;
（11） To lead and manage ethnic affairs and ensure the equal rights of ethnic minorities and the right of autonomy of ethnic autonomous areas;
（12） Protect the legitimate rights and interests of overseas Chinese, and protect the legitimate rights and interests of returned overseas Chinese and the family members of overseas Chinese;
（13） Changing or revoking inappropriate orders, directives and regulations issued by ministries and commissions;
（14） To alter or annul inappropriate decisions and orders of local state administrative organs at various levels;
（15） To approve the regionalization of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and regionalization of autonomous prefectures, counties, autonomous counties and cities;
（16） To decide, in accordance with the law, that some areas within the scope of provinces, autonomous regions and municipalities directly under the Central Government should enter a state of emergency;
（17） To examine and approve the size of the administrative organ, and appoint, remove, train, assess, reward and punish administrative personnel in accordance with the provisions of law;
（18） Other functions and powers authorized by the National People's Congress and its Standing Committee.
Article 90 Ministers in charge of ministries and commissions under the State Council shall be responsible for the work of their own departments; Convene and preside over ministerial meetings or committee meetings and committee meetings to discuss and decide on major issues in the work of the department.
The ministries and commissions shall, in accordance with the law and the administrative regulations, decisions and orders of the State Council, issue orders, instructions and rules within the authority of their own departments.
Article 91 The State Council shall establish an auditing institution to supervise through auditing the financial revenues and expenditures of the departments under the State Council and the local governments at various levels, as well as the financial revenues and expenditures of the financial and financial institutions, enterprises and institutions of the State.
Audit institutions, under the leadership of the Premier of the State Council, independently exercise their power of supervision through auditing in accordance with the law and are not subject to interference by other administrative organs, public organizations or individuals.
Article 92 The State Council is responsible to the National People's Congress and reports on its work; When the National People's Congress is not in session, it is responsible to and reports on its work to the Standing Committee of the National People's Congress.
Section 4 The Central Military Commission
Article 93 The Central Military Commission of the People's Republic of China directs the armed forces of the country.
The Central Military Commission is composed of the following personnel:
chairman,
Several Vice Chairmen,
Several members.
The Central Military Commission adopts the chairman responsibility system.
The term of office of the Central Military Commission is the same as that of the National People's Congress.
Article 94 The Chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee.
Section 7 People's Courts and People's Procuratorates
Article 123 The people's courts of the People's Republic of China are the judicial organs of the state.
Article 124 The People's Republic of China establishes the Supreme People's Court, local people's courts at various levels, military courts and other special people's courts.
The term of office of the President of the Supreme People's Court is the same as that of the National People's Congress, and he may not serve more than two consecutive terms.
The organization of the people's courts is prescribed by law.
Article 125 Except in special circumstances as prescribed by law, all cases in the people's courts shall be heard in public. The accused is entitled to defence.
Article 126 The people's courts shall exercise judicial power independently in accordance with the law and shall not be subject to interference by administrative organs, public organizations or individuals.
Article 127 The Supreme People's Court is the highest judicial organ.
The Supreme People's Court supervises the trial work of local people's courts at various levels and special people's courts, and people's courts at higher levels supervise the trial work of people's courts at lower levels.
Article 128 The Supreme People's Court is responsible to the National People's Congress and its Standing Committee. The local people's courts at various levels are responsible to the organs of state power that created them.
Article 129 The People's Procuratorates of the People's Republic of China are the state organs for legal supervision.
Article 130 The People's Republic of China establishes the Supreme People's Procuratorate, people's procuratorates at various local levels, military procuratorates and other special people's procuratorates.
The term of office of the Procurator General of the Supreme People's Procuratorate is the same as that of the National People's Congress, and he may not serve more than two consecutive terms.
The organization of the People's Procuratorates shall be prescribed by law.
Article 131 The People's Procuratorates exercise procuratorial power independently in accordance with the provisions of law and are not subject to interference by administrative organs, public organizations or individuals.
Article 132 The Supreme People's Procuratorate is the highest procuratorial organ.
The Supreme People's Procuratorate leads the work of the local people's procuratorates at various levels and the special people's procuratorates, and the people's procuratorates at higher levels lead the work of the people's procuratorates at lower levels.
Article 133 The Supreme People's Procuratorate is responsible to the National People's Congress and its Standing Committee. The local people's procuratorates at various levels are responsible to the organs of state power that created them and the people's procuratorates at higher levels.
Article 134 Citizens of all nationalities have the right to use their own spoken and written languages in litigation. The people's courts and the people's procuratorates shall translate for participants in the proceedings who are not familiar with the spoken and written languages commonly used in the locality.
In areas where minority nationalities live in concentrated communities or where multiple nationalities live together, the hearing shall be conducted in the language commonly used in the locality; The indictment, judgment, notice and other documents shall be written in one or more languages commonly used in the locality according to actual needs.
Article 135 In handling criminal cases, the people's courts, the people's procuratorates and the public security organs shall divide their responsibilities, cooperate with each other and check each other to ensure the accurate and effective implementation of the law.
