IV. Local people's congresses and their standing committees

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People's congresses are established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, ethnic townships and towns. Standing committees are established at people's congresses at and above the county level.

 

1. The term of office of local people's congresses

 

The term of office of people's congresses of provinces, autonomous regions and 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, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns is three years.

 

2. The functions and powers of local people's congresses

 

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 provinces, autonomous regions, municipalities directly under the Central Government, of cities which are capitals of the provinces or autonomous regions as well as large cities approved by the State Council have the right to adopt local regulations in the light of their regional political, economic and cultural characteristics.

 

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 procucratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval.

 

3. The composition, functions and powers of the standing committees of local people's congresses

 

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.

 

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 areas; 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 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.

 

The standing committees of people's congresses of the provinces, autonomous regions, municipalities directly under the Central Government, cities which are capitals of provinces or autonomous regions as well as large cities approved by the State Council have the power to adopt local regulations in the light of the local regional political, economic and cultural characteristics, when the people's congresses at the corresponding level are not in session.



   
 

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