NationalPeople'sCongressandItsStandingCommittee
 
President of the State
 

  According to the Constitution, the Presidium of a NPC session shall nominate a list of candidates for the President and the Vice-President of the State. After discussions and consultations among the delegations, the Presidium shall affirm a formal list of candidates on the basis of majority opinions of deputies and present it to the congress for a vote. Candidates for the President and the Vice-President of the State must be 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. The President and the Vice-President of the People's Republic of China shall be elected by the NPC and shall be elected by a majority vote of all the deputies to the NPC. The term of office of the President and the Vice-President of the State is the same as that of the NPC, and they shall serve no more than two consecutive terms.

   

  Pursuant to Article 84 of the Constitution, 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 NPC 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 NPC shall elect a new President and a new Vice-President. Prior to such election, the Chairman of the NPC Standing Committee shall temporarily act as the President of the People's Republic of China. Article 63 of the Constitution provides that the NPC has the power to remove from office the President and the Vice-President of the People's Republic of China.

   

  According to the Constitution, the President of the State shall have the following functions and powers:

   

  First, nominating the candidate for the Premier of the State Council, and, in pursuant of the decision of the NPC and its Standing Committee, appointing or removing the Premier, Vice-Premiers and State Councillors of the State Council, ministers in charge of ministries and commissions, the Auditor-General and the Secretary-General;

   

  Secondly, promulgating statutes in pursuant of the decision of the NPC and its Standing Committee;

   

  Thirdly, in pursuant of the decision of the NPC and its Standing Committee, issuing orders of special pardons, proclaiming entering of the state of emergency, proclaiming a state of war, and issuing mobilization orders; Fourthly, in pursuant of the decision of the NPC and its Standing Committee, conferring State medals and titles of honor;

   

  Fifthly, on behalf of the People's Republic of China, engaging in activities involving State affairs and receiving foreign diplomatic representatives; and, in pursuant of the decision of the NPC and its Standing Committee, appointing or recalling plenipotentiary representatives abroad, and ratifying or abrogating treaties and important agreements concluded with foreign countries.

  

 
   

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Minisrty of Justice, the People's Republic of China
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