IV. Local people’s congresses and their standing committees
2004-03-08 14:46
Peoples congresses are established in
provinces, autonomous regions, municipalities directly under
the Central Government, autonomous prefectures, counties,
autonomous counties, cities, municipal districts, townships,
ethnic townships and towns. Standing committees are
established at peoples congresses at and above the
county level.
1. The term of office of local peoples congresses
The term of office of peoples congresses of provinces, autonomous regions and municipalities directly under the Central Government and cities divided into districts is five years.
The term of office of the peoples congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns is three years.
2. The functions and powers of local peoples congresses
Local peoples congresses at various levels ensure the observance and implementation of the Constitution and the law and the administrative rules and 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 peoples congresses at and 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 peoples congresses of provinces, autonomous regions, municipalities directly under the Central Government, of cities which are capitals of the provinces or autonomous regions as well as large cities approved by the State Council have the right to adopt local regulations in the light of their regional political, economic and cultural characteristics.
Local peoples 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 peoples congresses at and above the county level elect and have the power to recall presidents of peoples courts and chief procurators of peoples procuratorates at the corresponding level.
The election or recall of chief procurators of peoples procuratorates shall be reported to the chief procurators of the peoples procucratorates at the next higher level for submission to the standing committees of the peoples congresses at the corresponding level for approval.
3. The composition, functions and powers of the standing committees of local peoples congresses
The standing committee of a local peoples congress at and above the county level is composed of a chairman, vice chairmen and members, and is responsible and reports on its work to the peoples congress at the corresponding level.
A local peoples 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 peoples congress at or above the county level shall hold office in state administrative, judicial and procuratorial organs.
The standing committee of a local peoples congress at or above the county level discusses and decides on major issues in all fields of work in its administrative areas; supervises the work of the peoples government, peoples court and peoples procuratorate at the corresponding level; annuls inappropriate decisions and orders of the peoples government at the corresponding level; annuls inappropriate resolutions of the peoples 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 peoples congress at the corresponding level is not in session, recalls individual deputies to the peoples congress at the next higher level and elects individual deputies to fill vacancies in that peoples congress.
The standing committees of peoples congresses of the provinces, autonomous regions, municipalities directly under the Central Government, cities which are capitals of provinces or autonomous regions as well as large cities approved by the State Council have the power to adopt local regulations in the light of the local regional political, economic and cultural characteristics, when the peoples congresses at the corresponding level are not in session.
1. The term of office of local peoples congresses
The term of office of peoples congresses of provinces, autonomous regions and municipalities directly under the Central Government and cities divided into districts is five years.
The term of office of the peoples congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns is three years.
2. The functions and powers of local peoples congresses
Local peoples congresses at various levels ensure the observance and implementation of the Constitution and the law and the administrative rules and 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 peoples congresses at and 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 peoples congresses of provinces, autonomous regions, municipalities directly under the Central Government, of cities which are capitals of the provinces or autonomous regions as well as large cities approved by the State Council have the right to adopt local regulations in the light of their regional political, economic and cultural characteristics.
Local peoples 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 peoples congresses at and above the county level elect and have the power to recall presidents of peoples courts and chief procurators of peoples procuratorates at the corresponding level.
The election or recall of chief procurators of peoples procuratorates shall be reported to the chief procurators of the peoples procucratorates at the next higher level for submission to the standing committees of the peoples congresses at the corresponding level for approval.
3. The composition, functions and powers of the standing committees of local peoples congresses
The standing committee of a local peoples congress at and above the county level is composed of a chairman, vice chairmen and members, and is responsible and reports on its work to the peoples congress at the corresponding level.
A local peoples 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 peoples congress at or above the county level shall hold office in state administrative, judicial and procuratorial organs.
The standing committee of a local peoples congress at or above the county level discusses and decides on major issues in all fields of work in its administrative areas; supervises the work of the peoples government, peoples court and peoples procuratorate at the corresponding level; annuls inappropriate decisions and orders of the peoples government at the corresponding level; annuls inappropriate resolutions of the peoples 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 peoples congress at the corresponding level is not in session, recalls individual deputies to the peoples congress at the next higher level and elects individual deputies to fill vacancies in that peoples congress.
The standing committees of peoples congresses of the provinces, autonomous regions, municipalities directly under the Central Government, cities which are capitals of provinces or autonomous regions as well as large cities approved by the State Council have the power to adopt local regulations in the light of the local regional political, economic and cultural characteristics, when the peoples congresses at the corresponding level are not in session.