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 China Constitution


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Section III The State Council

Article 85 [Governmental Powers]

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 [Composition]

(1) 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.

(2) The Premier has overall responsibility for the State Council. The ministers have overall responsibility for the ministries or commissions under their charge.

(39 The organization of the State Council is prescribed by law.

Article 87 [Term]

(1) The term of office of the State Council is the same as that of the National People's Congress.

(2) The Premier, Vice Premiers, and State Councillors shall serve no more than two consecutive terms.

Article 88 [Premier]

(1) The Premier directs the work of the State Council. The Vice Premiers and State Councillors assist in the work of the Premier.

(2) 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.

(3) The Premier convenes and presides over the executive meetings and plenary meetings of the State Council.

Article 89 [Functions and Powers]

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 statutes;

2. to submit proposals to the National People's Congress or its Standing Committee;

3. to lay down 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 different levels throughout the country, and to lay down 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 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 defence;

11. to direct and administer affairs 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 regulations 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 municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties, and cities;

16. in accordance with the provisions of law, to decide on entering the 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, 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 Committee may assign it.

Article 90 [Ministers]

(1) 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 ministerial meetings or commission meetings that discuss and decide on major issues in the work of their respective departments.

(2) The ministries and commissions issue orders, directives, and regulations 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 [Auditing Body]

(1) 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 different levels, and those of the state financial and monetary organizations and of enterprises and undertakings.

(2) 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 individual.

Article 92 [Report on the Work]

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 [Function, Composition, Term]

(1) The Central Military Commission of the People's Republic of China directs the armed forces of the country.

(2) The Central Military Commission is composed of the following:

the Chairman;

the Vice Chairmen; and

members.

(3) The Chairman of the Central Military Commission has overall responsibility for the Commission.

(4) The term of office of the Central Military Commission is the same as that of the National People's Congress.

Article 94 [Responsibility]

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 Governments

Article 95 [Local Governments]

(1) People's congresses and people's governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns.

(2) The organization of local people's congresses and local people's governments at different levels is prescribed by law.

(3) 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 [State Power, Standing Committees]

(1) Local people's congresses at different levels are local organs of state power.

(2) Local people's congresses at and above the county level establish standing committees.

Article 97 [Deputies]

(1) 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.

(2) The number of deputies to local people's congresses at different levels and the manner of their election are prescribed by law.

 



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