Section 1 The National People's Congress Article 57
The National People's Congress of the People's
Republic of China is the highest organ of state power. Its
permanent body is the Standing Committee of the National People's
Congress.Article 58
The National People's Congress and its Standing
Committee exercise the legislative power of the state.Article 59
The National People's Congress is composed of deputies
elected from the provinces, autonomous regions and municipalities
directly under the Central Government and of deputies elected
from the armed forces. All the minority nationalities are
entitled to appropriate representation.Election of deputies to the National People's Congress is
conducted by the Standing Committee of the National People's
Congress.The number of deputies to the National People's Congress and the
procedure of their election are prescribed by law.Article 60
The National People's Congress is elected for a term
of five years.The Standing Committee of the National People's Congress must
ensure the completion of election of deputies to the succeeding
National People's Congress two months prior to the expiration of
the term of office of the current National People's Congress.
Should extraordinary circumstances prevent such an election, it
may be postponed and the term of office of the current National
People's Congress extended by the decision of a vote of more than
two-thirds of all those on the Standing Committee of the current
National People's Congress. The election of deputies to the
succeeding National People's Congress must be completed within
one year after the termination of such extraordinary
circumstances.Article 61
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 when the
Standing Committee deems it necessary or when more than one-fifth
of the deputies to the National People's Congress so propose.When the National People's Congress meets, it elects a Presidium
to conduct its session.Article 62
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 laws governing criminal offences,
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 on the choice of the Vice-Premiers, State Councillors,
Ministers in charge of ministries or commissions, 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
other members of 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;(1O) 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
The National People's Congress has the power to 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, the Auditor-General and the
Secretary-General of the State Council;(3) the Chairman of the Central Military Commission and other
members of 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 are to be proposed by
the Standing Committee of the Nationa1 People's Congress or by
more than one-fifth of the deputies to the National People's
Congress and adopted by a vote of more than two-thirds of all the
deputies to the Congress.Laws and resolutions are to be adopted by a majority vote of all
the deputies to the National People's Congress.Article 65
The Standing Committee of the National People's
Congress is composed of the following:the Chairman;
the Vice-Chairmen;
the Secretary-General; and
the members.
Minority nationalities are entitled to appropriate representation
on the Standing Committee of the National People's Congress.The National People's Congress elects, and has the power to
recall, members of its Standing Committee.No one on the Standing Committee of the National People's
Congress shall hold office in any of the administrative, judicial
or procuratorial organs of the state.Article 66
The Standing Committee of the National People's
Congress is elected for the same term as the National people's
Congress; it shall exercise its functions and powers until a new
Standing Committee is elected by the succeeding National People's
Congress.The Chairman and Vice-Chairmen of the Standing Committee shall
serve no more than two consecutive terms.Article 67
The Standing Committee of the National People's
Congress exercises the following function and powers:(1) to interpret the Constitution and supervise its enforcement;
(2) to enact and amend laws, with the exception of those which
should be enacted by the National People's Congress;(3) to partially supplement and amend, when the National People's
Congress is not in session, laws enacted by the National People's
Congress provided that the basic principles of these laws are not
contravened;(4) to interpret laws;
(5) to review and approve, when the National People's Congress is
not in session, partial adjustments to the plan for national
economic and social development or 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 law;(8) to annul those local regulations or decisions of the organs
of state power of provinces, autonomous regions, and
municipalities directly under the Central Govenment that
contravene the Constitution, the law 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, the Auditor-General or 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 other members of the
Commission, when the National People's Congress is not in
session;(11) to appoint or remove, at the recommendation of the President
of the Supreme People's Court, the Vice-Presidents and Judges of
the Supreme People's Court, members of its Judicial Committee and
the President of the Military Court;(12) to appoint or remove, at the recommendation of the
Procurator-General of the Supreme People's Procuratorate, the
Deputy Procurators-General and procurators of the Supreme
People's Procuratorate, members of its Procuratorial Committee
and the Chief Procurator of the Military Procuratorate, and to
approve the appointment or removal of the chief procurators of
the people's procuratorates of provinces, autonomous regions, and
municipalities directly under the Central Govenment;(13) to decide on the appointment or recall of plenipotentiary
representatives abroad;(14) to decide on the ratification or 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 honour 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 fulfilment of international
treaty obligations concerning common defence against aggression;(19) to decide on general mobilization or partial mobilization;
(20) to decide on the imposition of martial law 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.Article 68
The Chairman of the Standing Committee of the National
People's Congress directs the work of the Standing Committee and
convenes its meetings. The Vice-Chairmen and the Secretary-General
assist the Chairman in his work.The Chairman, the Vice-Chairmen and the Secretary-General
constitute the Council of Chairmen which handles the important
day-to-day work of the Standing Committee of the National
People's Congress.Article 69
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
The National People's Congress establishes a
Nationalities Committee, a Law Committee, a Finance 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.The special committees examine, discuss and draw up relevant
bills and draft resolutions under the direction of the National
People's Congress and its Standidng Committee.Article 71
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. All organs of state, public organizations
and citizens concerned are obliged to furnish necessary information
to the committees of inquiry when they conduct investigations.Article 72
Deputies to the National People's Congress and members
of 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
Deputies to the National People's Congress and members
of the Standing Committee have the right, during the sessions of
the Congress and the meetings of the Committee, 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
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
Deputies to the National People's Congress may not be
held legally liable for their speeches or votes at its meetings.Article 76
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 public activities, production and
other work, assist in the enforcement of the Constitution and the
law.Deputies to the National People's Congress should maintain close
contact with the units which elected them and with the people,
heed and convey the opinions and demands of the people and work
hard to serve them.Article 77
Deputies to the National People's Congress are subject
to supervision by the units which elected them. The electoral
units have the power, through procedures prescribed by law, to
recall deputies they elected.Article 78
The organization and working procedures of the
National People's Congress and its Standing Committee are
prescribed by law.
Section 2 The President of the People's Republic of China Article 79
The President and Vice-President of the People's
Republic of China are elected by the National People's Congress.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.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
The President of the People's Republic of China, in
pursuance of the decisions of the National People's Congress and
its Standing Committee, promulgates statutes, appoints or removes
the Premier, Vice-Premiers, State Councillors, Ministers in
charge of ministries or commissions, the Auditor-General and the
Secretary-General of the State Council; confers state medals and
titles of honour; issues orders of special pardons; proclaims
martial law; proclaims a state of war; and issues mobilization
orders.Article 81
The President of the People's Republic of China
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 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 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 Councillors shall serve no
more than two consecutive 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 to be attended by 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 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 defence;
(11) to direct and administer affairs concerning the
nationalities and to safeguard the equal rights of minority
nationalities and the right to 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 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 on the imposition of martial law in parts of
provinces, autonomous regions, and municipalities directly under
the Centra1 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 to it.Article 90
Ministers in charge of the 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 oorganizations, 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 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 tle following:
the Chairman;
the Vice-Chairmen; and
the members.
The Chairman assumes overall responsibility for the wonk 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 Natioal people's Congress and its Standing
Committee.
Section 5 The Local People's Congresses and 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, municipal districts, townships,
nationality 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 5 and 6 of Chapter III 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, nationality 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 the people's congresses of
provinces, 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 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 the reports on their implementation. They
have the power to alter or annul inappropriate decisions of their
own standing committees.The people's congresses of nationality townships may, within the
limits of their authority as prescribed by law, take specific
measures suited to the characteristics of the nationalities
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 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, nationality 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 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.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;
supevises 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 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
Loca1 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, nationalities
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, nationality townships, and
towns execute the resolutions of the people's congresses at the
corresponding levels 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, 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 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.Article 110
Local people's governments at various levels are
responsible and report on their work to people's congresses at
the corresponding levels. Local people's governments at and above
the county level are responsible and report on their work to the
standing committees of the people's congresses at the
corresponding levels when the congresses are not in session.Local people's governments at various levels are responsible and
report on their work to the state administrative organs at the
next higher level. Local people's governments at various 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 establish sub-committees
for people's mediation, public security, public 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
autonomous regions, autonomous prefectures and autonomous
counties.Article 113
In the people's congress of an autonomous region,
autonomous exercising regional autonomy in the administrative
area, the other nationalities prefecture or autonomous county, in
addition to the deputies of the nationality inhabiting the area
are also entitled to appropriate representation.Among the chairman and vice-chairmen of the standing committee of
the people's congress of an autonomous region, autonomous
prefecture or autonomous county there shall be one or more
citizens of the nationality or nationalities exercising regional
autonomy in the area concerned.Article 114
The chairman of an autonomous region, the prefect of
an autonomous prefecture or the head of an autonomous county
shall be a citizen of the nationality exercising regional
autonomy in the area concerned.Article 115
The organs of self-government of autonomous regions,
autonomous prefectures and autonomous counties exercise the
functions and powers of local organs of state as specified in
Section 5 of Chapter III of the Constitution. At the same time,
they exercise the power of autonomy within the limits of their
authority as prescribed by the Constitution, the Law of the
People's Republic of China on 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
The people's congresses of national autonomous areas
have the power to enact regulations on the exercise of autonomy
and other separate regulations in the light of the political,
economic and cultural characteristics of the nationality or
nationalities in the areas concerned. The regulations on the
exercise of autonomy and other separate 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
autonomous areas have the power of autonomy in administering the
finances of their areas. All revenues accruing to the national
autonomous areas under the financial system of the state shall be
managed and used by the organs of self-government of those areas
on their own.Article 118
The organs of self-government of the national
autonomous areas independently arrange for and administer local
economic development under the guidance of state plans.In exploiting natural resources and building enterprises in the
national autonomous areas, the state shall give due consideration
to the interests of those areas.Article 119
The organs of self-government of the national
autonomous areas independently administer educational,
scientific, cultural, public health and physical culture affairs
in their respective areas, protect and sift through the cultural
heritage of the nationalities and work for a vigorous development
of their cultures.Article 120
The organs of self-government of the national
autonomous areas may, in accordance with the military system of
the state and practical local needs and with the approval of the
State Council, organize local public security forces for the
maintenance of public order.Article 121
In performing their functions, the organs of
self-government of the national autonomous areas, in accordance
with the regulations on the exercise of autonomy in those areas,
employ the spoken and written language or languages in common use
in the locality.Article 122
The state provides 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 various levels and specialized personnel and skilled
workers of various professions and trades from among the
nationality or nationalities in those areas.
Section 7 The People's Courts and the People's Procuratorates Article 123
The people's courts of the People's Republic of China
are the judicial organs of the state.Article 124
The People's Republic of China establishes the
Supreme People's Court and the people's courts at various local
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. The
President shall serve no more than two consecutive terms.The organization of the people's courts is prescribed by law.
Article 125
Except in special circumstances as specified by law,
all cases in the people's courts are heard in public. The accused
has the right to defence.Article 126
The people's courts exercise judicial power
independently, in accordance with the provisions of the law, and
are not subject to interference by any administrative organ,
public organization or individual.Article 127
The Supreme People's Court is the highest judicial organ.
The Supreme People's Court supervises the administration of
justice by the people's courts at various local 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
National People's Congress and its Standing Committee. Local
people's courts at various 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 people's procuratorates at
various local levels, military procuratorates and other special
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; the Procurator-General shall serve no more
than two consecutive terms.The organization of the people's procuratorates is prescribed by law.
Article 131
The people's procuratorates exercise procuratorial
power independently, in accordance with the provisions of the
law, and are not subject to interference by any administrative
organ, public organization or individual.Article 132
The Supreme People's Procuratorate is the highest
procuratorial organ.The Supreme People's Procuratorate directs the work of the
people's procuratorates at various local levels and of the
special people's procuratorates. People's procuratorates 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.
People's procuratorates at various local levels are responsible
to the organs of state power which created them and to the
people's procuratorates at higher levels.Article 134
Citizens of all China's nationalities have the right
to use their native spoken and written languages in court
proceedings. The people's courts and people's procuratorates
should provide translation for any party to the court proceedings
who is not familiar with the spoken or written languages commonly
used in the locality.In an area where people of a minority nationality live in a
concentrated community or where a number of nationalities live
together, court hearings should be conducted in the language or
languages commonly used in the locality; indictments, judgments,
notices and other documents should be written, according to
actual needs, in the language or languages commonly used in the
locality.Article 135
The people's courts, the people's procuratorates and
the public security organs shall, in handling criminal cases,
divide their functions, each taking responsibility for its own
work, and they shall coordinate their efforts and check each
other to ensure the correct and effective enforcement of the
law.
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