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 China Constitution


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Article 60 [Election, Term]

(1) The National People's Congress is elected for a term of five years.

(2) Two months before the expiration of the term of office of a National People's Congress, its Standing Committee must ensure that the election of deputies to the succeeding National People's Congress is completed. Should exceptional circumstances prevent such an election, it may be postponed by decision of a majority vote of more than two-thirds of all those on the Standing Committee of the current National People's Congress and the term of office of the current National People's Congress may be extended. The election of deputies to the succeeding National People's Congress must be completed within one year after the termination of such exceptional circumstances.

Article 61 [Sessions, Presidium]

(1) The National People's Congress meets in session once a year and is convened by its Standing Committee. A session of the National People's Congress may be convened at any time the Standing Committee deems this necessary, or when more than one-fifth of the deputies to the National People's Congress so propose.

(2) When the National People's Congress meets, it elects a presidium to conduct its session.

Article 62 [Functions and Powers]

The National People's Congress exercises the following functions and powers:

1. to amend the Constitution;

2. to supervise the enforcement of the Constitution;

3. to enact and amend basic statutes concerning criminal offenses, civil affairs, the state organs, and other matters;

4. to elect the President and the 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, and to decide on the choice of the Vice Premiers, State Councillors, Ministers in charge of ministries or commissions, and the Auditor General and the Secretary General of the State Council upon nomination by the Premier;

6. to elect the Chairman of the Central Military Commission and, upon nomination by the Chairman, to decide on the choice of all the others on the Central Military 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 the plan for national economic and social development and the report on its 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 the systems to be instituted there;

14. to decide on questions of war and peace; and

15. to exercise such other functions and powers as the highest organ of state power should exercise.

Article 63 [Power to Recall or Remove Officials]

The National People's Congress has the power to recall or remove from office the following persons:

1. the President and the Vice President of the People's Republic of China;

2. the Premier, Vice Premiers, State Councillors, Ministers in charge of ministries or commissions, and the Auditor General and the Secretary General of the State Council;

3. the Chairman of the Central Military Commission and others on the Commission;

4. the President of the Supreme People's Court; and

5. the Procurator General of the Supreme People's Procuratorate.

Article 64 [Amendments to the Constitution]

(1) Amendments to the Constitution are to 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 a majority vote of more than two-thirds of all the deputies to the Congress.

(2) Statutes and resolutions are adopted by a majority vote of more than one half of all the deputies to the National People's Congress.

Article 65 [Standing Committee]

(1) The Standing Committee of the National People's Congress is composed of the following:

the Chairman;

the Vice Chairmen;

the Secretary General; and

members.

(2) Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People's Congress.

(3) The National People's Congress elects, and has the power to recall, all those on its Standing Committee.

(4) No one on the Standing Committee of the National People's Congress shall hold any post in any of the administrative, judicial or procuratorial organs of the state.

Article 66 [Election, Term, Chairmen]

(1) The Standing Committee of the National People's Congress is elected for the same term as the National People's Congress; it exercises its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress.

(2) The Chairman and Vice Chairmen of the Standing Committee shall serve no more than two consecutive terms.

Article 67 [Functions and Powers]

The Standing Committee of the National People's Congress exercises the following functions and powers:

1. to interpret the Constitution and supervise its enforcement;

2. to enact and amend statutes with the exception of those which should be enacted by the National People's Congress;

3. to enact, when the National People's Congress is not in session, partial supplements and amendments to statutes enacted by the National People's Congress provided that they do not contravene the basic principles of these statutes;

4. to interpret statutes;

5. to examine and approve, when the National People's Congress is not in session, partial adjustments to the plan for national economic and social development and to the state budget that prove necessary in the course of their 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 those administrative rules and regulations, decisions, or orders of the State Council that contravene the Constitution or the statutes;

8. to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the Constitution, the statutes or the administrative rules and regulations;

9. to decide, when the National People's Congress is not in session, on the choice of Ministers in charge of ministries or commissions or the Auditor General and the Secretary General of the State Council upon nomination by the Premier of the State Council;

10. to decide, upon nomination by the Chairman of the Central Military Commission, on the choice of others on the Commission, when the National People's Congress is not in session;

11. to appoint and remove Vice Presidents and judges of the Supreme People's Court, members of its Judicial Committee, and the President of the Military Court at the suggestion of the President of the Supreme People's Court;

12. to appoint and remove Deputy Procurators General and procurators of the Supreme People's Procuratorate, members of its Procuratorial Committee, and the Chief Procurator of the Military Procuratorate at the suggestion of the Procurator General of the Supreme People's Procuratorate, and to approve the appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government;

13. to decide on the appointment and recall of plenipotentiary representatives abroad;

14. to decide on the ratification and abrogation of treaties and important agreements concluded with foreign states;

15. to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;

16. to institute state medals and titles of honor and decide on their conferment;

17. to decide on the granting of special pardons;

18. to decide, when the National People's Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defence against aggression;

19. to decide on general mobilization or partial mobilization;

20. to decide on entering the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government; and

21. to exercise such other functions and powers as the National People's Congress may assign to it.

 



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