Institution of Local People's Congresses at Various Levels and their Standing Committees
Local people's congresses of the People's Republic of China at various levels are established in accordance with the divisions of State administrative areas, and there are four levels:people's congress of the provinces, autonomous regions and municipalities directly under the Central Government;people's congress of the cities divided into districts and autonomous prefectures;people's congress of the cities not divided into districts, municipal districts, counties and autonomous counties and people's congress of the townships, nationality townships and towns. Local people's congresses at or above the county levels started to maintain their standing committees from 1979.
Local people's congresses at various levels are established through democratic election.The people's congresses of the provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures are elected respectively by the people's congress at their next lower level;and the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships and towns are directly elected by voters.
The term of office of the people's congresses of townships, nationality townships and towns is three years;and the term of office of the local people's congresses at or above the county 1evels is five years after 1993. The term of office of the standing committees of local people's congresses at or above the county levels is five years as well.
Nature and Position of the Local People's Congresses and their Standing Committees
The local people's congresses at various levels are the organs of state power in their respective administrative areas.Local people's government, people's courts and people's procuratorates are elected by the people's congresses at the corresponding levels, to which they are responsible and report their work, and by which they are supervised.
The standing committee of the local people's congresses at or above the county levels is the permanent body of the people's congresses at the corresponding levels.It is elected by, responsible to and reports its work to the people's congresses at the corresponding levels.During the period when the people's congress at the corresponding level is not in session, its standing committee exercises partial functions and powers of the State power at the corresponding level and plays the role of local organs of the State power.
Component Members of the Standing Committees of the Local People's Congresses at Various Levels
The standing committee of the provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures is composed of a Chairman, several vice-Chairmen, a secretary-general and several members;the standing committee of the people's congresses of cities not divided into districts, municipal districts, counties and autonomous counties is composed of a Chairman, several vice-Chairmen and several members, and there is no secretary-general instituted in such a standing committee.
No members of the standing committee of the local people's congresses at various levels shall concurrently hold office in the people's governments, people's courts and people's procuratorates.If they have already held office in any of the above organs, they must resign either of them.
Functions and Powers of the Local People's Congresses at Various Levels and their Standing Committees
Local people's congresses at or above the county levels shall mainly exercise the following functions and powers:
to examine and approve the national economic and social development plans, budgets and repots on their implementation in their respective administrative areas;and to discuss and decide on major matters in politics, economy, education, science, culture, public health, environment and resources protection, and civil and nationality affairs in their respective administrative areas;
to elect or remove, according to law, deputies to the people's congresses at the next higher level, principal and deputy leading members of the people's governments, component members of the standing committee of the people's congresses, presidents of the people's courts and chief procurators of the people's procuratorates at the corresponding levels;
to ensure the observance and execution, in their respective administrative areas, of the Constitution, laws, administrative rules and regulations and the resolutions of the people's congresses at higher levels and their standing committees, and to ensure the implementation of the national plan and the national budget;
to supervise the work of the people's governments, people's courts, people's procuratorates and the standing committees of the people's congresses at the corresponding levels;
to formulate and promulgate local regulations by the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government provided that such regulations must not contravene the Constitution, laws, and administrative rules and regulations, which are submitted for the record to the Standing Committee of the National People's Congress and the State Council;and to formulate local regulations in their respective administrative areas by the people's congresses of the comparative larger cities provided that such regulations must not contravene the Constitution, laws, and administrative rules and regulations as well as the local regulations formulated by the people's congresses of the respective provinces and autonomous regions, which are implemented only after the approval by the standing committees of the people's congresses of the provinces and autonomous regions, and are submitted by the standing committees of the people's congresses of the provinces and autonomous regions to the Standing Committee of the National People's Congress and the State Council for the record;
to alter or annul inappropriate resolutions adopted by the standing committees of the people's congresses at the corresponding levels;and to annul inappropriate decisions and orders of the people's governments at the corresponding levels;and
to protect the property owned by the whole people, the property collectively owned by the working people;and to protect the legitimate private property owned by and other legitimate interests of the citizens.
The People's Congresses of the Townships, Nationality Townships and Towns Exercise the Following Main Functions and Powers:
to decide, in accordance with the State plan, on plans for the development of the economy, cultural affairs and public services in their respective administrative areas;to examine and approve the financial budget and its implementation report in their respective administrative areas;to decide on plans for civil affairs in their respective administrative areas;and to adopt and issue resolutions within the scope of their functions and powers;
to elect or remove, according to law, the principal and deputy leading members of the people's governments at the corresponding levels;
to hear and examine reports on the work of the people's governments at the corresponding levels;and to annul inappropriate decisions and orders of the people's governments at the corresponding levels;
to ensure the observance and execution, in their respective administrative areas, of the Constitution, laws, administrative rules and regulations and the resolutions adopted by the people's congresses and their standing committees at higher levels; and
to protect the property owned by the whole people or collectively by the working people;and to protect the legitimate private property owned by and other legitimate interests of the citizens.
The Standing Committees of the Local People's Congresses at or above the County Levels Exercise the Following Main Functions and Powers:
to formulate and promulgate local regulations by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government provided that such regulations must not contravene the Constitution, laws, and administrative rules and regulations, which are submitted for the record to the Standing Committee of the National People's Congress and the State Council;and to formulate local regulations in their respective administrative areas by the standing committees of the People's congresses of the comparative larger cities provided that such regulations must not contravene the Constitution, laws, and administrative rules and regulations as well as the local regulations formulated respectively by the People's congresses of the provinces and autonomous regions, which are implemented only after the approval by the standing committees of the People's congresses of the provinces and autonomous regions, and are submitted by the standing committees of the People's congresses of the provinces and autonomous regions to the Standing Committee of the National People's Congress and the State Council for the record;
to discuss and decide on major matters in politics, economy, education science, culture, public health, environment and national resources protection, and civil and nationality affairs in their respective administrative areas;and to decide to make partial alterations in the plans for national economic and social development and the budgets in their respective administrative areas;
to decide, according to law, on the appointment and removal of relevant component members of the people's governments, people's courts and people's procuratorates at the corresponding levels;
to ensure the observance and execution, in their respective administrative areas, of the Constitution, laws, administrative rules and regulations s well as the resolutions adopted by the people's congresses at higher levels and their standing committees;and to supervise the work of the people's governments, people's courts and people's procuratorates at the corresponding levels;
to direct or conduct the election of the deputies to the people, s congresses at the corresponding levels;and to convene the sessions of the people's congresses at the corresponding levels;and
to annul inappropriate resolutions adopted by the people's congresses at the next lower levels and their standing committees;and to annul inappropriate decisions and orders made by the people's governments at the corresponding levels.