Subject: PRC Constitution (part 3 of 3)

From: [email-masked]
Date: Wed, 12 Jan 1994 11:01:19 UTC

SECTION 3. 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 Councillors; The Ministers
in charge of Ministries; The Ministers in charge of  Commissions;
The  Auditor-General;  and The Secretary-General. The Premier has
overall responsibility for the State Council. The Ministers  have
overall  responsibility  for the respective ministries or commis-
sions under their charge. 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 Councillors shall serve no more than two  con-
secutive terms.

Article 88. The Premier directs the work of  the  State  Council.
The  Vice-  Premiers  and State Councillors assist the Premier in
his work. Executive meetings of the State Council are composed of
the  Premier,  the  Vice-Premiers,  the State Councillors 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 adminis-
trative rules and regulations and issue decisions and  orders  in
accordance  with the Constitution and the statutes; (2) To submit
proposals to the National People's Congress or its Standing  Com-
mittee;  (3)  To  lay  down the tasks and responsibilities of the
ministries and commissions of the State Council, to exercise uni-
fied  leadership  over the work of the ministries and commissions
and to direct all other administrative work of a national charac-
ter  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 different levels
throughout the country, and to lay down the detailed division  of
functions  and  powers between the Central Government and the or-
gans 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 work and urban and rural development; (7) To direct  and
administer  the work concerning education, science, culture, pub-
lic health, physical culture and family planning; (8)  To  direct
and  administer the work concerning civil affairs, public securi-
ty,  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 defence; (11) To direct and administer af-
fairs concerning the nationalities and  to  safeguard  the  equal
rights of minority nationalities and the right of autonomy of the
national 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  regula-
tions  issued  by the ministries or commissions; (14) To alter or
annul inappropriate decisions and orders issued by  local  organs
of  state administration at different levels; (15) To approve the
geographic division of provinces, autonomous regions and  munici-
palities  directly  under  the Central Government, and to approve
the establishment and geographic division of  autonomous  prefec-
tures,  counties,  autonomous counties and cities; (16) To decide
on the enforcement of martial law in parts  of  provinces,  auto-
nomous  regions  and  municipalities  directly  under the Central
Government; (17) To examine and decide on the size of administra-
tive  organs  and, in accordance with the law, to appoint, remove
and train administrative officers, appraise their work and reward
or  punish  them;  and  (18) To exercise such other functions and
powers as the National People's Congress or its Standing  Commit-
tee may assign it.

Article 90. The ministers in charge of ministries or  commissions
of  the  State  Council  are  responsible  for  the work of their
respective departments and convene and preside  over  their  min-
isterial  meetings or commission meetings that discuss and decide
on major issues in the work of their respective departments.  The
ministries  and  commissions issue orders, directives and regula-
tions within the jurisdiction of their respective departments and
in  accordance with the statutes and the administrative rules and
regulations, decisions and orders issued by the State Council.

Article 91. The State Council establishes an auditing body to su-
pervise  through  auditing  the  revenue  and  expenditure of all
departments under the State Council and of the local  governments
at  different  levels, and those of the state financial and mone-
tary organizations and of enterprises and undertakings. Under the
direction  of  the Premier of the State Council,the auditing body
independently exercises its power to supervise  through  auditing
in  accordance  with  the  law, subject to no interference by any
other administrative organ or any public organization or  indivi-
dual.

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 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:  The
Chairman;  The  Vice-Chairmen;  and  Members. The Chairman of the
Central Military Commission has overall  responsibility  for  the
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 5. THE LOCAL PEOPLE'S CONGRESS  AND  THE  LOCAL  PEOPLE'S
GOVERNMENTS AT DIFFERENT LEVELS

Article 95. People's congresses and people's governments are  es-
tablished in provinces, municipalities directly under the Central
Government, counties, cities, municipal districts, townships, na-
tionality townships and towns. The organization of local people's
congresses and local people's governments at different levels  is
prescribed  by  law. Organs of self-government are established in
autonomous regions, autonomous prefectures and  autonomous  coun-
ties.  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 different levels are lo-
cal 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,  nationality  townships and towns are elected directly
by their constituencies. The number of deputies to local people's
congresses  at  different levels and the manner of their election
are prescribed by law.

Article 98. The term of office of the people's congresses of pro-
vinces,  municipalities directly under the Central Government and
cities divided into districts is five years. The term  of  office
of  the  people's congresses of counties, cities not divided into
districts, municipal districts, townships, nationality  townships
and towns is three years.

Article 99. Local people's congresses at different levels  ensure
the  observance  and implementation of the Constitution, the sta-
tutes and the  administrative  rules  and  regulations  in  their
respective  administrative  areas. Within the limits of their au-
thority as prescribed by law, they adopt  and  issue  resolutions
and  examine  and decide on plans for local economic and cultural
development  and  for  development  of  public  services.   Local
people's congresses at and above the county level examine and ap-
prove the plans for economic and social development and the budg-
ets of their respective administrative areas, and examine and ap-
prove reports on their implementation. They  have  the  power  to
alter or annul inappropriate decisions of their own standing com-
mittees. The people's congresses of  nationality  townships  may,
within  the  limits of their authority as prescribed by law, take
specific measures suited to the peculiarities of  the  nationali-
ties concerned.

Article 100. The people's congresses of provinces and municipali-
ties  directly  under  the Central Government, and their standing
committees, may adopt local  regulations,  which  must  not  con-
travene  the  Constitution,  the  statutes and the administrative
rules and regulations, and they shall report such  local  regula-
tions to the Standing Committee of the National People's Congress
for the record.

Article  101.  At  their  respective   levels,   local   people's
congresses  elect,  and  have  the power to recall, governors and
deputy governors, or mayors and deputy mayors, or heads and depu-
ty  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 pro-
curators of people's procuratorates at the  corresponding  level.
The  election or recall of chief procurators of people's procura-
torates 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 coun-
ties, cities not divided  into  districts,  municipal  districts,
townships,  nationality townships and towns are subject to super-
vision by their constituencies.  The electoral units and  consti-
tuencies  which  elect  deputies  to local people's congresses at
different  levels  have  the  power,  according   to   procedures
prescribed by law, to recall deputies whom they elected.

Article 103. The standing committee of a local people's  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  people's congress at the corresponding level. The
local people's congress at and above the county level elects, and
has  the power to recall, anyone on the standing committee of the
people's congress at the  corresponding  level.  No  one  on  the
standing  committee of a local people's congress at and above the
county level shall hold any post in state  administrative,  judi-
cial and procuratorial organs.

Article 104. The standing committee of a local people's  congress
at  and above the county level discusses and decides on major is-
sues 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 ap-
pointment and removal of functionaries of state organs within its
jurisdiction  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 different  levels  are
the  executive  bodies  of local organs of state power as well as
the local organs of state  administration  at  the  corresponding
level.  Local  people's  governments at different levels practise
the system of overall responsibility by governors, mayors, county
heads, district heads, township heads and town heads.

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

Article 107. Local people's governments at and above  the  county
level, within the limits of their authority as prescribed by law,
conduct the administrative work concerning  the  economy,  educa-
tion,  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, remove and train administrative
functionaries, appraise their work and  reward  or  punish  them.
People's  governments  of  townships,  nationality  townships and
towns carry out 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 geo-
graphic division of townships, nationality 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 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 different levels independently exercise their power to  super-
vise  through auditing in accordance with the law and are respon-
sible 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 different  levels  are
responsible,  and report on their work, to people's congresses at
the corresponding level. Local people's governments at and  above
the  county  level  are responsible, and report on their work, to
the  standing  committee  of  the  people's   congress   at   the
corresponding  level  when  the congress is not in session. Local
people's governments at different levels are responsible, and re-
port  on  their  work,  to the state administrative organs at the
next higher level. Local people's governments at different 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 es-
tablish committees for people's mediation, public security,  pub-
lic  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.

SECTION 6. THE ORGANS OF SELF-GOVERNMENT OF  NATIONAL  AUTONOMOUS
AREAS

Article 112. The organs of self-government of national autonomous
areas are the people's congresses and people's governments of au-
tonomous regions, autonomous prefectures and autonomous counties.

Article 113. In the people's congress of  an  autonomous  region,
prefecture  or  county,  in  addition  to the deputies of the na-
tionality or nationalities exercising regional  autonomy  in  the
administrative  area, the other nationalities inhabiting the area
are also entitled to appropriate representation. The chairmanship
and  vice-chairmenships of the standing committee of the people's
congress of an autonomous region, prefecture or county shall  in-
clude  a  citizen or citizens of the nationality or nationalities
exercising regional autonomy in the area concerned.

Article 114. The administrative head  of  an  autonomous  region,
prefecture or county shall be a citizen of the nationality, or of
one of the nationalities, exercising  regional  autonomy  in  the
area concerned.

Article 115. The organs of self-government of autonomous regions,
prefectures and counties exercise the functions and powers of lo-
cal organs of state as specified in Section V of Chapter Three of
the  Constitution.  At  the same time, they exercise the right of
autonomy within the limits of their authority  as  prescribed  by
the Constitution, the law of regional national autonomy and other
laws, and implement the laws and policies of  the  state  in  the
light of the existing local situation.

Article 116. People's congresses  of  national  autonomous  areas
have the power to enact autonomy regulations and specific regula-
tions in the  light  of  the  political,  economic  and  cultural
characteristics  of the nationality or nationalities in the areas
concerned. The autonomy regulations and specific  regulations  of
autonomous  regions  shall be submitted to the Standing Committee
of the National People's Congress for  approval  before  they  go
into  effect.  Those of autonomous prefectures and counties shall
be  submitted  to  the  standing  committees  of   the   people's
congresses of provinces or autonomous regions for approval before
they go into effect, and they shall be reported to  the  Standing
Committee of the National People's Congress for the record.

Article 117. The organs of self-government of the national  auto-
nomous  areas have the power of autonomy in administering the fi-
nances of their areas. All revenues accruing to the national  au-
tonomous  areas  under the financial system of the state shall be
managed and used independently by the organs  of  self-government
of those areas.

Article 118. The organs of self-government of the national  auto-
nomous  areas  independently  arrange  for  and  administer local
economic development  under  the  guidance  of  state  plans.  In
developing  natural resources and building enterprises in the na-
tional autonomous areas, the state shall give  due  consideration
to the interests of those areas.

Article 119. The organs of self-government of the national  auto-
nomous  areas  independently  administer educational, scientific,
cultural, public health and physical  culture  affairs  in  their
respective areas, sort out and protect the cultural legacy of the
nationalities and work for  the  development  and  prosperity  of
their cultures.

Article 120. The organs of self-government of the national  auto-
nomous  areas  may, in accordance with the military system of the
state and concrete local needs and with the approval of the State
Council,  organize  local  public security forces for the mainte-
nance of public order.

Article 121. In performing their functions, the organs  of  self-
government  of  the national autonomous areas, in accordance with
the autonomy regulations of the respective areas, employ the spo-
ken and written language or languages in common use in the local-
ity.

Article 122. The state gives financial,  material  and  technical
assistance  to  the  minority  nationalities  to accelerate their
economic and cultural development. The state helps  the  national
autonomous  areas train large numbers of cadres at different lev-
els and specialized personnel and skilled  workers  of  different
professions  and  trades from among the nationality or nationali-
ties in those areas.

Section VI. The People's Court and the People's

PROCURATORATES

Article 123. The people's courts in the People's Republic of Chi-
na are the judicial organs of the state.

Article 124. The  People's  Republic  of  China  establishes  the
Supreme People's Court and the local people's courts at different
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;  he  shall
serve  no  more  than  two consecutive terms. The organization of
people's courts is prescribed by law.

Article 125. All cases handled by the people's courts, except for
those  involving special circumstances as specified by law, shall
be heard in public. The accused has the right of defence.

Article 126. The people's courts shall, in  accordance  with  the
law, exercise judicial power independently and are not 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 administration
of justice by the local people's courts at different  levels  and
by  the special people's courts; people's courts at higher levels
supervise the administration of justice by those at lower levels.

Article 128. The Supreme People's Court is responsible to the Na-
tional  People's  Congress  and  its  Standing  Committee.  Local
people's courts at different levels are responsible to the organs
of state power which created them.

Article 129. The people's procuratorates of the People's Republic
of China are state organs for legal supervision.

Article 130. The  People's  Republic  of  China  establishes  the
Supreme People's Procuratorate and the local people's procurator-
ates at different levels, military procuratorates and other  spe-
cial   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; he shall serve no
more than two consecutive terms.  The  organization  of  people's
procuratorates is prescribed by law.

Article 131. People's procuratorates shall,  in  accordance  with
the  law,  exercise procuratorial power independently and are not
subject to interference by administrative organs, public  organi-
zations or individuals.

Article 132. The Supreme People's Procuratorate  is  the  highest
procuratorial  organ.  The Supreme People's Procuratorate directs
the work of the local people's procuratorates at different levels
and  of the special people's procuratorates; people's procurator-
ates at higher levels direct the work of those at lower levels.

Article 133. The Supreme People's Procuratorate is responsible to
the  National People's Congress and its Standing Committee. Local
people's procuratorates at different levels  are  responsible  to
the  organs  of  state  power  at  the corresponding levels which
created them and to the people's  procuratorates  at  the  higher
level.

Article 134. Citizens of all nationalities have the right to  use
the  spoken  and  written languages of their own nationalities in
court proceedings. The people's courts and  people's  procurator-
ates  should  provide  translation  for  any  party  to the court
proceedings who is  not  familiar  with  the  spoken  or  written
languages  in common use in the locality. In an area where people
of a minority nationality live in a compact community or where  a
number  of  nationalities  live together, hearings should be con-
ducted in the language or languages in common use in the  locali-
ty; indictments, judgments, notices and other documents should be
written, according to actual needs, in the language or  languages
in common use in the locality.

Article 135. The people's  courts,  people's  procuratorates  and
public  security organs shall, in handling criminal cases, divide
their functions, each taking responsibility for its own work, and
they  shall co-ordinate their efforts and check each other to en-
sure correct and effective enforcement of law.

CHAPTER IV. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE  CAPI-
TAL

Article 136. The national flag of the People's Republic of  China
is a red flag with five stars.

Article 137. The national emblem of the People's Republic of Chi-
na  is Tian'anmen in the centre illuminated by five stars and en-
circled by ears of grain and a cogwheel.

Article 138. The capital of the People's  Republic  of  China  is
Beijing.

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