Constitution - Seed Of China

　　Article 81 The president of the People's Republic of China conducts state affairs and receives foreign diplomatic representatives on behalf of the People's Republic of China and, in pursuance of the decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states.

　　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 may exercise such functions and powers of the president as the president may entrust to him.

　　Article 83 The president and vice president of the People's Republic of China exercise their functions and powers until the new president and vice president elected by the succeeding 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 succeeds 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 elect a new vice president to fill the vacancy.

　　In the event that the offices of both the president and the vice president of the People's Republic of China fall vacant, the National People's Congress shall elect a new president and a new vice president. Prior to such election, the chairman of the Standing Committee of the National People's Congress shall temporarily act as the president of the People's Republic of China.

　　Section Ⅲ The State Council

　　Article 85 The State Council, that is, the Central People's Government, of the People's Republic of China is the executive body of the highest organ of state power; it is the highest organ of state administration.

　　Article 86 The State Council is composed of the following:

　　The premier;

　　The vice premiers;

　　The state councilors;

　　The ministers in charge of ministries;

　　The ministers in charge of commissions;

　　The auditor-general; and

　　The secretary-general.

　　The premier assumes overall responsibility for the work of the State Council. The ministers assume overall responsibility for the work of the ministries and commissions.

　　The organization of the State Council is 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 councilors shall serve no more than two consecutive terms.

　　Article 88 The premier directs the work of the State Council. The vice premiers and state councilors assist the premier in his work.

　　Executive meetings of the State Council are to be attended by the premier, the vice premiers, the state councilors and the secretary-general of the State Council.

　　The premier convenes and presides over the executive meetings and plenary meetings of the State Council.

　　Article 89 The State Council exercises the following functions and powers:

　　(1) To adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the law;

　　(2) To submit proposals to the National People's Congress or its Standing Committee;

　　(3) To formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;

　　(4) To exercise unified leadership over the work of local organs of state administration at various levels throughout the country, and to formulate the detailed division of functions and powers between the Central Government and the organs of state administration of provinces, autonomous regions, and municipalities directly under the Central Government;

　　(5) To draw up and implement the plan for national economic and social development and the state budget;

　　(6) To direct and administer economic affairs and urban and rural development;

　　(7) To direct and administer the affairs of education, science, culture, public health, physical culture and family planning;

　　(8) To direct and administer civil affairs, public security, judicial administration, supervision and other related matters;

　　(9) To conduct foreign affairs and conclude treaties and agreements with foreign states;

　　(10) To direct and administer the building of national defense;

　　(11) To direct and administer affairs concerning the ethnic groups and to safeguard the equal rights of minority ethnic groups and the right to autonomy of the ethnic autonomous areas;

　　(12) To protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad;

　　(13) To alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions;

　　(14) To alter or annul inappropriate decisions and orders issued by local organs of state administration at various levels;

　　(15) To approve the geographic division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities;

　　(16) To decide in accordance with the law on the entry into a state of emergency in parts of provinces, autonomous regions and municipalities directly under the Central Government;

　　(17) To examine and decide on the size of administrative organs and, in accordance with the law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and

　　(18) To exercise such other functions and powers as the National People's Congress or its Standing Committee may assign it.

　　Article 90 Ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments.

　　The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the law and the administrative rules and regulations, decisions and orders issued by the State Council.

　　Article 91 The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institutions of the state.

　　Under the direction of the premier of the State Council, the auditing body independently exercises its power of supervision through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual.

　　Article 92 The State Council is responsible and reports on its work to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee.

　　Section IV 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:

　　The chairman;

　　The vice chairmen; and

　　The members.

　　The chairman assumes overall responsibility for the work of the Central Military Commission.

　　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 V The Local People's Congresses and the Local People's Governments 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, ethnic 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 Ⅴ and Ⅵ of Chapter Three of the Constitution.

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

　　Local people's congresses at and 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, ethnic 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 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 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 people's 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 reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees.

　　The people's congresses of ethnic townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the ethnic groups 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 the law and the administrative rules and 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 and 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, ethnic townships and towns are subject to supervision by their constituencies.

　　The electoral 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 different 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 and 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, ethnic 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, ethnic townships, and towns execute the resolutions of the people's congress at the corresponding level 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 municipalities directly under the Central Government decide on the establishment and geographic division of townships, ethnic townships, and towns.

　　Article 108 Local people's governments at and 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 and above the county level. Local auditing bodies at various levels independently exercise their power of supervision through auditing in accordance with the law and are responsible to the people's government at the corresponding level and to the auditing body at the next higher level.

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Constitution


Article 81 The president of the People's Republic of China conducts state affairs and receives foreign diplomatic representatives on behalf of the People's Republic of China and, in pursuance of the decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states. 　　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 may exercise such functions and powers of the president as the president may entrust to him. 　　Article 83 The president and vice president of the People's Republic of China exercise their functions and powers until the new president and vice president elected by the succeeding 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 succeeds 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 elect a new vice president to fill the vacancy. 　　In the event that the offices of both the president and the vice president of the People's Republic of China fall vacant, the National People's Congress shall elect a new president and a new vice president. Prior to such election, the chairman of the Standing Committee of the National People's Congress shall temporarily act as the president of the People's Republic of China. 　　Section Ⅲ The State Council 　　Article 85 The State Council, that is, the Central People's Government, of the People's Republic of China is the executive body of the highest organ of state power; it is the highest organ of state administration. 　　Article 86 The State Council is composed of the following: 　　The premier; 　　The vice premiers; 　　The state councilors; 　　The ministers in charge of ministries; 　　The ministers in charge of commissions; 　　The auditor-general; and 　　The secretary-general. 　　The premier assumes overall responsibility for the work of the State Council. The ministers assume overall responsibility for the work of the ministries and commissions. 　　The organization of the State Council is 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 councilors shall serve no more than two consecutive terms. 　　Article 88 The premier directs the work of the State Council. The vice premiers and state councilors assist the premier in his work. 　　Executive meetings of the State Council are to be attended by the premier, the vice premiers, the state councilors and the secretary-general of the State Council. 　　The premier convenes and presides over the executive meetings and plenary meetings of the State Council. 　　Article 89 The State Council exercises the following functions and powers: 　　(1) To adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the law; 　　(2) To submit proposals to the National People's Congress or its Standing Committee; 　　(3) To formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions; 　　(4) To exercise unified leadership over the work of local organs of state administration at various levels throughout the country, and to formulate the detailed division of functions and powers between the Central Government and the organs of state administration of provinces, autonomous regions, and municipalities directly under the Central Government; 　　(5) To draw up and implement the plan for national economic and social development and the state budget; 　　(6) To direct and administer economic affairs and urban and rural development; 　　(7) To direct and administer the affairs of education, science, culture, public health, physical culture and family planning; 　　(8) To direct and administer civil affairs, public security, judicial administration, supervision and other related matters; 　　(9) To conduct foreign affairs and conclude treaties and agreements with foreign states; 　　(10) To direct and administer the building of national defense; 　　(11) To direct and administer affairs concerning the ethnic groups and to safeguard the equal rights of minority ethnic groups and the right to autonomy of the ethnic autonomous areas; 　　(12) To protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad; 　　(13) To alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions; 　　(14) To alter or annul inappropriate decisions and orders issued by local organs of state administration at various levels; 　　(15) To approve the geographic division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities; 　　(16) To decide in accordance with the law on the entry into a state of emergency in parts of provinces, autonomous regions and municipalities directly under the Central Government; 　　(17) To examine and decide on the size of administrative organs and, in accordance with the law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and 　　(18) To exercise such other functions and powers as the National People's Congress or its Standing Committee may assign it. 　　Article 90 Ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments. 　　The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the law and the administrative rules and regulations, decisions and orders issued by the State Council. 　　Article 91 The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institutions of the state. 　　Under the direction of the premier of the State Council, the auditing body independently exercises its power of supervision through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual. 　　Article 92 The State Council is responsible and reports on its work to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee. 　　Section IV 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: 　　The chairman; 　　The vice chairmen; and 　　The members. 　　The chairman assumes overall responsibility for the work of the Central Military Commission. 　　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 V The Local People's Congresses and the Local People's Governments 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, ethnic 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 Ⅴ and Ⅵ of Chapter Three of the Constitution. 　　Article 96 Local people's congresses at various levels are local organs of state power. 　　Local people's congresses at and 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, ethnic 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 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 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 people's 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 reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees. 　　The people's congresses of ethnic townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the ethnic groups 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 the law and the administrative rules and 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 and 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, ethnic townships and towns are subject to supervision by their constituencies. 　　The electoral 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 different 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 and 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, ethnic 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, ethnic townships, and towns execute the resolutions of the people's congress at the corresponding level 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 municipalities directly under the Central Government decide on the establishment and geographic division of townships, ethnic townships, and towns. 　　Article 108 Local people's governments at and 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 and above the county level. Local auditing bodies at various levels independently exercise their power of supervision through auditing in accordance with the law and are responsible to the people's government at the corresponding level and to the auditing body at the next higher level. Page 1 of 5,-4- 1 2 3 4 5

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