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 China Constitution


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Article 68 [Presidency]

(1) The Chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee and convenes its meetings. The Vice Chairmen and the Secretary General assist in the work of the Chairman.

(2) Executive meetings with the participation of the Chairman, Vice Chairman and Secretary General handle the important day-to-day work of the Standing Committee of the National People's Congress.

Article 69 [Report on the Work]

The Standing Committee of the National People's Congress is responsible to the National People's Congress and reports on its work to the Congress.

Article 70 [Committees]

(1) The National People's Congress establishes a Nationalities Committee, a Law Committee, a Financial and Economic Committee, an Education, Science, Culture, and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee, and such other special committees as are necessary. These special committees work under the direction of the Standing Committee of the National People's Congress when the Congress is not in session.

(2) The special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the National People's Congress and its Standing Committee.

Article 71 [Ad Hoc Committees]

(1) The National People's Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports.

(2) All organs of state, public organizations, and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations.

Article 72 [Legislative Initiative]

Deputies to the National People's Congress and all those on its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the National People's Congress and its Standing Committee.

Article 73 [Right to Question the State Council]

Deputies to the National People's Congress during its sessions, and all those on its Standing Committee during its meetings, have the right to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.

Article 74 [Immunity]

No deputy to the National People's Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress or, when the National People's Congress is not in session, without the consent of its Standing Committee.

Article 75 [Indemnity]

Deputies to the National People's Congress may not be called to legal account for their speeches or votes at its meetings.

Article 76 [Obedience to the Constitution]

(1) Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in production and other work and their public activities, assist in the enforcement of the Constitution and the law.

(2) Deputies to the National People's Congress should maintain close contact with the units which elected them and with the people, listen to and convey the opinions and demands of the people, and work hard to serve them.

Article 77 [Direct/Imperative Mandate]

Deputies to the National People's Congress are subject to the supervision of the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall deputies whom they elected.

Article 78 [Organizational Law]

The organization and working procedures of the National People's Congress and its Standing Committee are prescribed by law.

Section II The President

Article 79 [Election, Term]

(1) The President and Vice President of the People's Republic of China are elected by the National People's Congress.

(2) Citizens of the People's Republic of China who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as President or Vice President of the People's Republic of China.

(3) The term of office of the President and Vice President of the People's Republic of China is the same as that of the National People's Congress, and they shall serve no more than two consecutive terms.

Article 80 [Functions and Powers]

The President of the People's Republic of China, in pursuance of decisions of the National People's Congress and its Standing Committee, promulgates statutes, appoints and removes 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; confers state medals and titles of honor; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders.

Article 81 [Diplomatic Representation]

The President of the People's Republic of China, on behalf of the People's Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives and, in pursuance of decisions of the Standing Committee of the National People's Congress, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements concluded with foreign states.

Article 82 [Vice President]

(1) The Vice President of the People's Republic of China assists in the work of the President.

(2) The Vice President of the People's Republic of China may exercise such parts of the functions and powers of the President as may be deputed by the President.

Article 83 [End of Office]

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 [Vacancy]

(1) In case the office of the President of the People's Republic of China falls vacant, the Vice President succeeds to the office of President.

(2) In case 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.

(3) 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.

 



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