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Thematic study of the spirit of the 19th CPC National Congress
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Constitution of People's Republic of China
Source: Original Author: bangongshi Published: 2018-04-03 11:15:14

Constitution of People's Republic of China

(Adopted at the Fifth Session of the Fifth National People's Congress on December 4, 1982.

According to the "Amendment to the Constitution of the People's Republic of China" adopted at the first session of the Seventh National People's Congress on April 12, 1988, and the "China Amendment" adopted at the first session of the Eighth National People's Congress on March 29, 1993 Amendments to the Constitution of the People's Republic of China, Amendments to the Constitution of the People's Republic of China adopted at the Second Session of the Ninth National People's Congress on March 15, 1999, and Second Session of the Tenth National People's Congress on March 14, 2004 Amendments to the Constitution of the People's Republic of China adopted at this meeting and Amendments to the Amendments to the Constitution of the People's Republic of China adopted at the first meeting of the Thirteenth National People's Congress on March 11, 2018)

table of Contents

Preface

Chapter I General Outline

Chapter II Basic Rights and Duties of Citizens

Chapter III National Institutions

Section 1 National People's Congress

Section 2 President of the People's Republic of China

Section 3 State Council

Section 4 Central Military Commission

Section 5 Local People's Congresses and Local People's Governments

Section 6 Autonomous Organs of Ethnic Autonomous Areas

Section VII Supervisory Committee

Section 8 People's Courts and People's Procuratorates

Chapter IV National Flag, National Anthem, National Emblem, Capital

Preface

China is one of the oldest countries in the world. The people of all ethnic groups in China have jointly created a splendid culture and a glorious revolutionary tradition.

After 1840, feudal China gradually became a semi-colonial and semi-feudal country. The Chinese people have waged heroic struggles for national independence, national liberation and democratic freedom.

In the twentieth century, great historical changes took place in China.

The Revolution of 1911, led by Mr. Sun Yat-sen in 1911, abolished the feudal monarchy and founded the Republic of China. However, the historical task of the Chinese people against imperialism and feudalism has not yet been completed.

In 1949, the Chinese Communist Party led by Chairman Mao Zedong led the people of all ethnic groups in China. After experiencing long-term difficult and tortuous armed struggles and other forms of struggle, they finally overthrew the imperialist, feudal, and bureaucratic The rule has achieved a great victory in the new democratic revolution and established the People's Republic of China. Since then, the Chinese people have grasped the power of the country and become the masters of the country.

After the founding of the People's Republic of China, our society has gradually realized the transition from new democracy to socialism. The socialist transformation of the private ownership of the means of production has been completed, the system of human exploitation has been eliminated, and the socialist system has been established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is essentially the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army defeated the aggression, sabotage, and armed provocations of imperialism and hegemonism, safeguarded the country's independence and security, and strengthened national defense. Significant achievements have been made in economic construction, an independent and relatively complete socialist industrial system has basically been formed, and agricultural production has increased significantly. Education, science, culture and other undertakings have made great progress, and socialist ideological education has achieved remarkable results. The lives of the majority of the people have greatly improved.

The victory of the Chinese New Democratic Revolution and the achievements of the socialist cause were achieved by the Communist Party of China leading the people of all ethnic groups under the guidance of Marxism-Leninism and Mao Zedong Thought, upholding truth, correcting mistakes, and defeating many difficulties and dangers. China will be in the primary stage of socialism for a long time. The country's fundamental task is to concentrate its efforts on socialist modernization along the road of socialism with Chinese characteristics. The people of all ethnic groups in China will continue to adhere to the people's democratic dictatorship under the leadership of the Communist Party of China, under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents," the Scientific Concept of Development, and Xi Jinping's New Age Socialism with Chinese Characteristics. , Adhere to the socialist road, adhere to reform and opening up, constantly improve various socialist systems, develop socialist market economy, develop socialist democracy, improve socialist rule of law, implement new development concepts, self-reliance and hard work, and gradually realize industry and agriculture The modernization of national defense and science and technology promotes the coordinated development of material civilization, political civilization, spiritual civilization, social civilization, and ecological civilization, and builds China into a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernized power, and realizes the great rejuvenation of the Chinese nation.

In our country, the exploiting class has been eliminated as a class, but class struggle will continue for a long time in a certain range. The Chinese people must fight against hostile forces and hostile forces at home and abroad that are hostile to and undermine our socialist system.

Taiwan is part of the sacred territory of the People's Republic of China. Completing the great cause of reunifying the motherland is the sacred duty of the entire Chinese people, including Taiwan compatriots.

The cause of socialist construction must rely on workers, peasants, and intellectuals to unite all forces that can be united. In the long-term process of revolution, construction, and reform, it has been formed under the leadership of the Communist Party of China, with the participation of various democratic parties and people's groups, including all socialist workers, builders of socialist causes, and patriotism in support of socialism. The patriotic united front of the patriots who support the reunification of the motherland and the great rejuvenation of the Chinese nation. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference is a widely representative United Front organization. It has played an important historical role in the past. In the future, it will carry out socialist modernization in the country's political life, social life and foreign friendly activities, and maintain the unity and unity of the country. The struggle will further play its important role. The multi-party cooperation and political consultation system led by the Communist Party of China will exist and develop for a long time.

The People's Republic of China is a unified multi-ethnic country created by people of all nationalities. Socialist ethnic relations of equality, solidarity, mutual assistance and harmony have been established and will continue to be strengthened. In the struggle to maintain national unity, we must oppose large nationalism, mainly Han nationalism, and we must also oppose local nationalism. The state makes every effort to promote the common prosperity of all nationalities throughout the country.

The achievements of China's revolution, construction, and reform are inseparable from the support of the people of the world. China's future is closely linked to the future of the world. China adheres to an independent foreign policy, adheres to the five principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, adheres to the path of peaceful development, adheres to a mutually beneficial and win-win open strategy, and develops relations with other countries. Diplomatic relations, economic and cultural exchanges, promote the building of a community of shared future for mankind; adhere to the opposition to imperialism, hegemonism, colonialism, strengthen unity with peoples of all countries in the world, and support the oppressed nations and developing countries to strive for and maintain national independence and develop the national economy To fight for justice in order to maintain world peace and promote the cause of human progress.

This Constitution recognizes the fruits of the struggle of the people of all ethnic groups in China in the form of laws, stipulates the country's fundamental system and tasks, is the country's fundamental law, and has the highest legal effect. The people of all nationalities, all state organs and armed forces, political parties and social groups, and enterprises and institutions must take the Constitution as the fundamental criterion of activities, and have the responsibility to safeguard the dignity of the Constitution and ensure its implementation.

Chapter I General Outline

Article 1 The People's Republic of China is a socialist country led by the working class and a people's democratic dictatorship based on the workers-peasants alliance.

The socialist system is the fundamental system of the People's Republic of China. The leadership of the Communist Party of China is the most essential characteristic of socialism with Chinese characteristics. No organization or individual is allowed to undermine the socialist system.

Article 2. All powers of the People's Republic of China belong to the people.

The people's organs for exercising state power are the National People's Congress and local people's congresses at all levels.

The people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms in accordance with the law.

Article 3 The state institutions of the People's Republic of China implement the principle of democratic centralism.

The National People's Congress and local people's congresses at all levels are democratically elected, responsible to the people and subject to their supervision.

State administrative organs, supervisory organs, judicial organs, and procuratorial organs are all created by the people's congresses, are responsible for it, and are subject to its supervision.

The division of powers between the central and local state institutions follows the principle of giving full play to local initiative and enthusiasm under the unified leadership of the central government.

Article 4 All ethnic groups in the People's Republic of China are equal. The state guarantees the legitimate rights and interests of all ethnic minorities, and safeguards and develops the equality, solidarity, mutual assistance and harmonious relations among all ethnic groups. Discrimination and oppression of any nation are prohibited, and acts that undermine ethnic unity and create ethnic divisions are prohibited.

According to the characteristics and needs of various ethnic minorities, the state helps the regions of ethnic minorities accelerate their economic and cultural development.

Regional autonomy is practiced in areas where ethnic minorities live in compact communities. Autonomous institutions are established to exercise autonomy. All ethnic autonomous areas are an inseparable part of the People's Republic of China.

All nationalities have the freedom to use and develop their own languages and characters, and they have the freedom to maintain or reform their own customs.

Article 5 The People's Republic of China practices the rule of law and builds a socialist country ruled by law.

The state maintains the unity and dignity of the socialist legal system.

All laws, administrative regulations and local regulations must not conflict with the Constitution.

All state organs and armed forces, political parties and social groups, and enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and laws must be investigated.

No organization or individual shall have the privilege to surpass the Constitution and laws.

Article 6 The foundation of the socialist economic system of the People's Republic of China is the socialist public ownership of the means of production, that is, ownership by the entire people and collective ownership by the working masses. The system of socialist public ownership eliminates the exploitation of people, and implements the principle of doing everything in its power and distributing according to work.

In the initial stage of socialism, the state adhered to the basic economic system with public ownership as the main body and the common development of multiple-ownership economies, and a distribution system with labor as the main body and multiple distribution modes coexisting.

Article 7 The state-owned economy, the socialist economy owned by the whole people, is the leading force in the national economy. The state guarantees the consolidation and development of the state-owned economy.

Article 8: Rural collective economic organizations implement a two-tier management system based on household contract management and combined with sub-systems. Various forms of cooperative economy such as production, supply and marketing, credit, and consumption in rural areas are the collective ownership economy of the socialist working masses. Workers participating in rural collective economic organizations have the right to operate self-retained land, self-reserved mountains, family sideline operations and raising self-retained animals within the scope prescribed by law.

Various forms of cooperative economy in the industries of handicrafts, industry, construction, transportation, commerce, and service in cities and towns are all socialist collective ownership economies.

The state protects the legitimate rights and interests of urban and rural collective economic organizations, and encourages, guides and assists the development of collective economies.

Article 9 Natural resources such as mineral deposits, water flows, forests, mountains, grasslands, wasteland, and tidal flats are owned by the state, that is, the entire people; except for forests and mountains, grasslands, wasteland, and tidal flats that are collectively owned by law.

The state guarantees the rational use of natural resources and protects precious animals and plants. It is forbidden for any organization or individual to invade or destroy natural resources by any means.

Article 10 Land in cities belongs to the state.

Land in rural and suburban areas is collectively owned, except for those owned by the state as stipulated by law; house sites, self-reserved land, and self-reserved mountains are also collectively owned.

For the needs of the public interest, the state may expropriate or requisition land and provide compensation in accordance with the law.

No organization or individual may invade, trade, or otherwise illegally transfer land. The right to use the land can be transferred in accordance with the law.

All organizations and individuals that use land must use it reasonably.

Article 11 Individual, private and other non-public economy within the scope of the law are an important part of the socialist market economy.

The state protects the legitimate rights and interests of non-public ownership economies such as the individual economy and the private economy. The state encourages, supports and guides the development of the non-public ownership economy, and supervises and manages the non-public ownership economy according to law.

Article 12 The socialist public property is sacred and inviolable.

The state protects socialist public property. It is prohibited for any organization or individual to invade or destroy state and collective property by any means.

Article 13 The legitimate private property of citizens is inviolable.

The state protects citizens' private property rights and inheritance rights in accordance with the law.

For the needs of the public interest, the state may expropriate or requisition citizens' private property and compensate them in accordance with the law.

Article 14 The state improves labor enthusiasm and technical level, promotes advanced science and technology, improves economic management system and enterprise management system, implements various forms of socialist responsibility system, improves labor organization, and continuously improves labor productivity. And economic benefits to develop social productivity.

The state practises economy and opposes waste.

The state reasonably arranges accumulation and consumption, takes into account the interests of the state, collectives, and individuals, and gradually improves the people's material and cultural life based on the development of production.

The state establishes and improves a social security system that is compatible with the level of economic development.

Article 15 The state implements a socialist market economy.

The state strengthens economic legislation and improves macro-control.

The state prohibits any organization or individual from disrupting the socio-economic order according to law.

Article 16 State-owned enterprises have the right to operate independently within the scope prescribed by law.

State-owned enterprises implement democratic management through workers' congresses and other forms in accordance with the law.

Article 17 Collective economic organizations have the right to independently conduct economic activities on the premise of complying with relevant laws.

Collective economic organizations practice democratic management, elect and dismiss management personnel in accordance with legal regulations, and decide on major issues in business management.

Article 18 The People's Republic of China allows foreign enterprises and other economic organizations or individuals to invest in China in accordance with the provisions of the laws of the People's Republic of China and carry out various forms of economic cooperation with Chinese enterprises or other economic organizations.

Foreign enterprises and other foreign economic organizations and Chinese-foreign joint ventures in China must abide by the laws of the People's Republic of China. Their legal rights and interests are protected by the laws of the People's Republic of China.

Article 19 The state develops socialist education and raises the scientific and cultural level of the people throughout the country.

The state holds various schools, popularizes primary compulsory education, develops secondary education, vocational education and higher education, and develops preschool education.

The state develops various educational facilities, eliminates illiteracy, and educates workers, peasants, state workers and other workers in politics, culture, science, technology and business, and encourages self-study.

The state encourages collective economic organizations, national enterprises and institutions, and other social forces to organize various educational undertakings in accordance with the law.

The state promotes the universal use of Mandarin.

Article 20 The State develops the undertakings of natural sciences and social sciences, popularizes scientific and technological knowledge, and rewards scientific research results and technological inventions.

Article 21 The state develops medical and health undertakings, develops modern medicine and traditional Chinese medicine, encourages and supports rural collective economic organizations, national enterprises, institutions and sub-district organizations to organize various medical and health facilities, carry out mass health activities, and protect the people. health.

The state develops sports, carries out mass sports activities, and strengthens the people's physical fitness.

Article 22 The State develops literary and artistic undertakings that serve the people, socialism, news broadcasting and television, publishing and distribution, libraries, museums, cultural centers, and other cultural undertakings, and conducts mass cultural activities.

The state protects places of historical interest, precious cultural relics, and other important historical and cultural heritage.

Article 23 The state cultivates various professionals who serve socialism, expands the ranks of intellectuals, creates conditions, and gives full play to their role in the construction of socialist modernization.

Article 24 The State strengthens the construction of socialist spiritual civilization through the popularization of ideal education, moral education, cultural education, discipline and legal education, and through the formulation and implementation of various codes and conventions among people in different urban and rural areas.

The country advocates the core values of socialism, advocates the morals of loving the motherland, the people, labor, science, and socialism, conducting patriotism, collectivism, internationalism, and communism among the people, and conducting dialectical materialism and history Materialistic education is opposed to capitalist, feudal, and other decadent ideas.

Article 25 The State promotes family planning to adapt population growth to economic and social development plans.

Article 26 The State protects and improves the living environment and ecological environment, and prevents pollution and other public hazards.

The state organizes and encourages afforestation and protection of forest trees.

Article 27 All state organs implement the principle of streamlining, implement a work responsibility system, implement staff training and assessment systems, continuously improve work quality and efficiency, and oppose bureaucracy.

All state organs and state personnel must rely on the support of the people, always maintain close ties with the people, listen to their opinions and suggestions, accept their supervision, and work hard to serve the people.

National staff shall take public constitutional oaths in accordance with the law when they take office.

Article 28 The state maintains social order, suppresses treason and other criminal activities that endanger national security, sanctions activities that endanger public security, undermine the socialist economy and other crimes, and punishes and reforms criminals.

Article 29 The armed forces of the People's Republic of China belong to the people. Its mission is to consolidate national defense, resist aggression, defend the motherland, safeguard the peaceful work of the people, participate in the cause of national construction, and work hard to serve the people.

The state has strengthened the revolutionary, modernized, and regularized construction of the armed forces and strengthened the national defense forces.

Article 30 The administrative regions of the People's Republic of China are divided as follows:

(1) The whole country is divided into provinces, autonomous regions and municipalities;

(2) Provinces and autonomous regions are divided into autonomous states, counties, autonomous counties, and cities;

(3) Counties and autonomous counties are divided into townships, ethnic townships, and towns.

Municipalities and larger cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities.

Autonomous regions, autonomous prefectures, and autonomous counties are all ethnic autonomous areas.

Article 31 The State may establish special administrative regions when necessary. The system implemented in the special administrative region shall be prescribed by law in the National People's Congress in accordance with specific conditions.

Article 32 The People's Republic of China protects the legal rights and interests of foreigners in China. Foreigners in China must abide by the laws of the People's Republic of China.

The People's Republic of China can grant asylum to foreigners who require asylum for political reasons.

Chapter II Basic Rights and Duties of Citizens

Article 33 Anyone who has nationality of the People's Republic of China is a citizen of the People's Republic of China.

Citizens of the People's Republic of China are equal before the law.

The state respects and guarantees human rights.

Any citizen enjoys the rights stipulated in the Constitution and the law, and must fulfill his obligations under the Constitution and the law.

Article 34 Citizens of the People's Republic of China who have reached the age of eighteen have the right to vote and be elected regardless of ethnicity, race, gender, occupation, family origin, religious belief, education, property status, or length of residence; Except for persons deprived of political rights by law.

Article 35. Citizens of the People's Republic of China have freedom of speech, publication, assembly, association, procession, and demonstration.

Article 36 Citizens of the People's Republic of China have freedom of religious belief.

No state organ, social group, or individual shall compel citizens to believe in or not to believe in religion, and shall not discriminate against citizens who believe in religion or citizens who do not.

The state protects normal religious activities. No one may use religion to carry out activities that disrupt social order, damage the health of citizens, or interfere with the national education system.

Religious groups and affairs are not subject to foreign power.

Article 37 The personal freedom of citizens of the People's Republic of China is inviolable.

Any citizen shall not be arrested without the approval or decision of the People's Procuratorate or the decision of a people's court and execution by a public security organ.

Illegal detention and illegal deprivation or restriction of citizens 'personal freedom are prohibited, and illegal searches of citizens' bodies are prohibited.

Article 38 The personal dignity of citizens of the People's Republic of China is inviolable. It is forbidden to insult, slander and falsely frame citizens by any means.

Article 39 The residence of citizens of the People's Republic of China is inviolable. Illegal searches or illegal intrusions into citizens' homes are prohibited.

Article 40 The freedom of communication and confidentiality of communications of citizens of the People's Republic of China are protected by law. No organization or individual may infringe on citizens' freedom of communication and confidentiality of communication for any reason, except for communications that are inspected by public security organs or procuratorial organs in accordance with the procedures prescribed by law due to national security or the need to track down criminal offences.

Article 41. Citizens of the People's Republic of China have the right to make criticisms and suggestions on any state organ and state staff. They have the right to lodge complaints, complaints or report any relevant state organ or state staff's illegal acts Rights, but must not fabricate or distort facts for false accusations.

For citizens' complaints, complaints or reports, the relevant state organs must find out the facts and handle them. No one may suppress or retaliate.

Those who have suffered losses due to violations of citizens' rights by state organs and state personnel have the right to compensation in accordance with the law.

Article 42 Citizens of the People's Republic of China have the right and obligation to work.

The state creates labor and employment conditions through various channels, strengthens labor protection, improves labor conditions, and increases labor compensation and welfare benefits based on the development of production.

Labor is a glorious duty for all capable citizens. Workers in state-owned enterprises and urban and rural collective economic organizations should treat their labors as the masters of the state. The state advocates socialist labor competition and rewards model workers and advanced workers. The state encourages citizens to engage in voluntary labor.

The state shall provide necessary employment training to citizens before employment.

Article 43 Workers in the People's Republic of China have the right to rest.

The state develops facilities for rest and recuperation of workers, and stipulates working hours and vacation systems for workers.

Article 44 The state implements the retirement system for employees of enterprises and institutions and staff of state organs in accordance with the law. The lives of retirees are guaranteed by the state and society.

Article 45. Citizens of the People's Republic of China have the right to receive material help from the state and society in the event of old age, illness, or incapacity. The State develops the social insurance, social relief, and medical and health services needed for citizens to enjoy these rights.

The state and society guarantee the lives of disabled soldiers, care for the families of martyrs, and give preferential treatment to the families of soldiers.

The State and society help arrange work, life and education for blind, deaf, mute and other disabled citizens.

Article 46 Citizens of the People's Republic of China have the right and obligation to receive education.

The state trains young people, adolescents, and children to develop in all aspects of character, intelligence, and physical fitness.

Article 47 Citizens of the People's Republic of China have the freedom to conduct scientific research, literary and artistic creation, and other cultural activities. The State encourages and assists the creative work of citizens that is engaged in education, science, technology, literature, art, and other cultural undertakings.

Article 48 Women of the People's Republic of China enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.

The state protects the rights and interests of women, implements equal pay for equal work for men and women, and trains and selects women cadres.

Article 49 Marriage, family, mother and child are protected by the state.

Both husband and wife have the obligation to implement family planning.

Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.

It is prohibited to undermine the freedom of marriage and to abuse the elderly, women and children.

Article 50 The People's Republic of China protects the legitimate rights and interests of overseas Chinese, and the legitimate rights and interests of returned overseas Chinese and dependents of overseas Chinese.

Article 51 When exercising freedom and rights, citizens of the People's Republic of China shall not prejudice the national, social and collective interests and the legitimate freedoms and rights of other citizens.

Article 52 Citizens of the People's Republic of China have the obligation to maintain national unity and national unity.

Article 53 Citizens of the People's Republic of China must abide by the Constitution and laws, keep state secrets, protect public property, observe labor discipline, observe public order, and respect social morality.

Article 54 Citizens of the People's Republic of China have the obligation to safeguard the security, honor, and interests of the motherland, and must not commit acts that endanger the security, honor, and interests of the motherland.

Article 55 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression.

It is a glorious obligation for citizens of the People's Republic of China to perform military service and participate in militia organizations in accordance with the law.

Article 56 Citizens of the People's Republic of China have the obligation to pay taxes in accordance with the law.

Chapter III National Institutions

Section 1 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 organ is the Standing Committee of the National People's Congress.

Article 58 The National People's Congress and the Standing Committee of the National People's Congress exercise national legislative power.

Article 59 The National People's Congress is composed of deputies elected by provinces, autonomous regions, municipalities, special administrative regions and the army. All ethnic minorities should have adequate representation.

The election of deputies to the National People's Congress is chaired by the Standing Committee of the National People's Congress.

The number of deputies to the National People's Congress and the method for selecting them are prescribed by law.

Article 60 The term of office of the National People's Congress is five years.

Two months before the term of the National People's Congress expires, the Standing Committee of the National People's Congress must complete the election of deputies to the next National People's Congress. If there is an extraordinary situation in which elections cannot be held, the Standing Committee of the National People's Congress passed a majority of more than two-thirds of the total members, and the election can be postponed and the term of the current National People's Congress can be extended. Elections for the next National People's Congress must be completed within one year after the end of the extraordinary situation.

Article 61 The National People's Congress is held once a year and is convened by the Standing Committee of the National People's Congress. If the Standing Committee of the National People's Congress deems it necessary, or if more than one-fifth of the representatives of the National People's Congress proposes, it may convene a meeting of the National People's Congress on an ad hoc basis.

When the National People's Congress meets, the Presidium is elected to chair the meeting.

Article 62 The National People's Congress exercises the following functions and powers:

(1) amending the constitution;

(2) Supervising the implementation of the Constitution;

(3) to formulate and modify criminal, civil, state agency and other basic laws;

(4) Election of the President and Vice-Chairmen of the People's Republic of China;

(5) To decide on the nomination of the Prime Minister of the State Council on the nomination of the President of the People's Republic of China; on the nomination of the Prime Minister of the State Council, to decide on the candidates for the Deputy Prime Minister, State Councillors, Ministers, Directors, Auditors and Secretary-General of the State Council;

(6) Election of the Chairman of the Central Military Commission; on the nomination of the Chairman of the Central Military Commission, the selection of other members of the Central Military Commission;

(7) Election of the director of the State Supervision Commission;

(8) Election of the President of the Supreme People's Court;

(9) Election of the chief procurator of the Supreme People's Procuratorate;

(10) Reviewing and approving the national economic and social development plans and reports on their implementation;

(11) Reviewing and approving reports on the state's budget and budget implementation;

(12) altering or revoking inappropriate decisions of the Standing Committee of the National People's Congress;

(13) Approving the construction of provinces, autonomous regions and municipalities;

(14) Decide on the establishment of the special administrative region and its system;

(15) Decide on issues of war and peace;

(16) Other functions and powers that should be exercised by the highest organs of state power.

Article 63 The National People's Congress has the right to remove the following persons:

(1) Chairman and Vice-Chairman of the People's Republic of China;

(2) The Prime Minister, the Deputy Prime Minister, the State Councilor, the ministers of various ministries, the directors of the commissions, the chief auditor and the secretary general

(3) Chairman of the Central Military Commission and other members of the Central Military Commission;

(4) the director of the State Supervision Commission;

(5) President of the Supreme People's Court;

(6) The chief procurator of the Supreme People's Procuratorate.

Article 64 Amendments to the Constitution shall be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the National People's Congress delegates, and passed by the National People's Congress with a majority of more than two-thirds of all deputies.

Laws and other bills are passed by the National People's Congress with a majority of all deputies.

Article 65 The Standing Committee of the National People's Congress is composed of the following persons:

Chairperson,

Several vice chairmen,

Secretary-General,

Several members.

Among the members of the Standing Committee of the National People's Congress, there shall be an appropriate number of representatives of ethnic minorities.

The National People's Congress elects and has the power to remove members of the Standing Committee of the National People's Congress.

The members of the Standing Committee of the National People's Congress shall not hold the office of state administrative organs, supervisory organs, judicial organs and procuratorial organs.

Article 66. The term of office of the Standing Committee of the National People's Congress is the same as that of the National People's Congress. It exercises its powers until the next Standing Committee elects a new Standing Committee.

The chairman and vice chairmen shall not serve for more than two consecutive terms.

Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers:

(1) Interpret the constitution and supervise its implementation;

(2) to formulate and modify laws other than those that should be formulated by the National People's Congress;

(3) during the intersessional period of the National People's Congress, supplementing or amending some of the laws formulated by the National People's Congress, but not inconsistent with the basic principles of the law;

(4) Interpretation of the law;

(5) during the intersessional period of the National People's Congress, review and approve some adjustment plans that must be made in the implementation process of national economic and social development plans and national budgets;

(6) to supervise the work of the State Council, the Central Military Commission, the State Supervisory Committee, the Supreme People's Court and the Supreme People's Procuratorate;

(7) to revoke administrative regulations, decisions and orders inconsistent with the Constitution and laws formulated by the State Council;

(8) to revoke local regulations and resolutions in conflict with the Constitution, laws, and administrative regulations formulated by the state power organs of provinces, autonomous regions, and municipalities directly under the Central Government;

(9) During the intersessional period of the National People's Congress, on the nomination of the Premier of the State Council, decide the candidates for the Minister, the Chairman of the Committee, the Auditor General and the Secretary-General;

(10) During the intersessional period of the National People's Congress, on the nomination of the Chairman of the Central Military Commission, decide on the candidates for the other members of the Central Military Commission;

(11) Appointment and removal of deputy directors and members of the State Supervision Commission at the request of the director of the State Supervision Commission;

(12) According to the request of the President of the Supreme People's Court, the Deputy President, Judges, members of the Judicial Committee and the President of the Military Court shall be appointed and removed;

(13) At the request of the Procurator-General of the Supreme People's Procuratorate, appoint and remove the Deputy Prosecutor-General, Prosecutors, members of the Procuratorate and the Procurator-General of the Military Procuratorate of the Supreme People's Procuratorate, and approve the appointment and removal of the Prosecutor-General of the People's Procuratorate of the province, autonomous region, and municipality;

(14) decide on the appointment and removal of the plenipotentiary abroad;

(15) Deciding to ratify and abolish treaties and important agreements concluded with foreign countries;

(16) To provide for the rank system of military personnel and diplomats and other special rank systems;

(17) stipulating and deciding medals and honours awarded to the state;

(18) decide on amnesty;

(19) During the inter-sessional period of the National People's Congress, in the event of a state of armed aggression or the need to implement an international treaty to prevent aggression, the decision to declare a state of war;

(20) Decide on general mobilization or local mobilization;

(21) Deciding to enter the state of emergency nationwide or individual provinces, autonomous regions and municipalities;

(22) Other functions and powers conferred by the National People's Congress.

Article 68 The chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee of the National People's Congress and convenes a meeting of the Standing Committee of the National People's Congress. The vice chairperson and secretary general assist the chairperson in his work.

The chairperson, vice chairperson, and secretary-general form a chairperson meeting to handle the important daily 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.

Article 70 The National People's Congress establishes the Ethnic Committee, the Constitution and Law Committee, the Finance and Economics Committee, the Education, Science, Culture and Health Committee, the Foreign Affairs Committee, the Overseas Chinese Committee, and other special committees that need to be established. During the intersessional period of the National People's Congress, the special committees are under the leadership of the Standing Committee of the National People's Congress.

Under the leadership of the National People's Congress and the Standing Committee of the National People's Congress, each special committee studies, reviews, and formulates related bills.

Article 71 When the National People's Congress and the Standing Committee of the National People's Congress deem it necessary, it may organize an investigation committee on specific issues and make corresponding resolutions based on the report of the investigation committee.

When the commission of inquiry conducts an investigation, all relevant state organs, social groups and citizens have an obligation to provide it with the necessary materials.

Article 72. Deputies to the National People's Congress and members of the Standing Committee of the National People's Congress have the right to propose bills that fall within the scope of powers of the National People's Congress and the Standing Committee of the National People's Congress, respectively, in accordance with the procedures prescribed by law.

Article 73 During the meeting of the National People's Congress, the members of the Standing Committee of the National People's Congress have the right to ask questions of the State Council or the ministries and committees of the State Council in accordance with the procedures prescribed by law during the meeting of the Standing Committee. case. The questioned authority must be responsible for answering.

Article 74 Delegates to the National People's Congress are not subject to arrest or criminal trial without the permission of the Standing Committee of the National People's Congress during the intersessional period of the National People's Congress without the permission of the Presidium of the National People's Congress.

Article 75 The speeches and votes of the deputies of the National People's Congress at various meetings of the National People's Congress shall not be investigated by law.

Article 76 Deputies to the National People's Congress must abide by the Constitution and laws, keep state secrets, and assist in the implementation of the Constitution and laws in the production, work, and social activities they participate in.

Deputies to the National People's Congress should maintain close contact with the original electoral units and the people, listen to and reflect the opinions and requirements of the people, and work hard to serve the people.

Article 77 Deputies to the National People's Congress are subject to the supervision of the original electoral unit. The former electoral unit has the right to dismiss the representatives elected by the unit in accordance with the procedures prescribed by law.

Article 78 The organization and working procedures of the National People's Congress and the Standing Committee of the National People's Congress are prescribed by law.

Section 2 President of the People's Republic of China

Article 79 The President and Vice-Chairmen 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 reached the age of 45 and have the right to vote and to be elected may be elected as the President and 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.

Article 80 The President of the People's Republic of China, in accordance with the decision of the National People's Congress and the decision of the Standing Committee of the National People's Congress, promulgates laws to appoint and remove the Premier, Deputy Prime Minister, State Councilor, Ministers, Directors, Auditors, and Secretary-General of the State Council , Awarded the State ’s medal and honor, issued an amnesty order, declared a state of emergency, declared a state of war, and issued a mobilization order.

Article 81 The President of the People's Republic of China carries out state activities on behalf of the People's Republic of China and accepts foreign envoys; in accordance with the decision of the Standing Committee of the National People's Congress, sending and recalling plenipotentiaries abroad, ratifying and abolishing treaties and important agreements concluded with foreign countries agreement.

Article 82 The Vice President of the People's Republic of China assists the Chairman in his work.

The Vice-President of the People's Republic of China, entrusted by the Chairman, may perform part of the functions of the Chairman.

Article 83 The President and Vice-Chairmen of the People's Republic of China shall exercise their functions and powers until the Chairman and Vice-Chairman elected by the next National People's Congress take office.

Article 84 When the President of the People's Republic of China is absent, the Vice-Chairperson will succeed him.

When the Vice-President of the People's Republic of China is absent, the National People's Congress is elected by-election.

In the absence of the Chairman and Vice-President of the People's Republic of China, the National People's Congress is elected by-election; before the by-election, the chairman of the Standing Committee of the National People's Congress temporarily acts as chairman.

Section 3 State Council

Article 85 The State Council of the People's Republic of China, that is, the Central People's Government, is the executive organ of the highest organ of state power and the highest organ of state administration.

Article 86 The State Council consists of the following persons:

Prime Minister,

Several Deputy Prime Ministers,

Several members of the State Council,

Ministers,

Directors of committees,

Auditor General,

Secretary-General.

The State Council implements the system of prime minister responsibility. Each ministry and committee implements the system of minister and director responsibility.

The organization of the State Council is regulated by law.

Article 87 The term of office of the State Council is the same as that of the National People's Congress.

The prime minister, deputy prime minister, and state councilor shall not serve for more than two consecutive terms.

Article 88 The Prime Minister leads the work of the State Council. The Deputy Prime Minister and State Councilor assisted the Prime Minister in his work.

The Prime Minister, Deputy Prime Minister, State Councilor, and Secretary-General form the executive meeting of the State Council.

The Prime Minister convenes and presides over the State Council executive meeting and the State Council plenary meeting.

Article 89 The State Council exercises the following functions and powers:

(1) stipulating administrative measures, formulating administrative regulations, issuing decisions and orders in accordance with the Constitution and laws;

(2) to submit proposals to the National People's Congress or the Standing Committee of the National People's Congress;

(3) To stipulate the tasks and responsibilities of the ministries and committees, to uniformly lead the work of the ministries and committees, and to lead the national administrative work that does not belong to the ministries and committees;

(4) Unified leadership of the work of national administrative organs at all levels throughout the country, stipulating the specific division of functions and powers of the national administrative organs of the central and provincial, autonomous regions and municipalities;

(5) To compile and implement national economic and social development plans and national budgets;

(6) Leading and managing economic work, urban and rural construction, and ecological civilization construction;

(7) Leading and managing education, science, culture, health, sports and family planning work;

(8) Leading and managing civil affairs, public security, and judicial administration;

(9) To manage foreign affairs and conclude treaties and agreements with foreign countries;

(10) Leading and managing the cause of national defense construction;

(11) Leading and managing ethnic affairs, guaranteeing the equal rights of ethnic minorities and the right of self-government in ethnic autonomous areas;

(12) to protect the legitimate rights and interests of overseas Chinese and the legitimate rights and interests of returned overseas Chinese and their dependents;

(13) Changing or revoking inappropriate orders, instructions and regulations issued by ministries and committees;

(14) Changing or revoking inappropriate decisions and orders of state administrative organs at various levels;

(15) Approving the regional division of provinces, autonomous regions and municipalities, and approving the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities;

(16) In accordance with the provisions of the law, it is decided that some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government enter an emergency state;

(17) Reviewing the establishment of administrative agencies, and appointing, removing, training, assessing, rewarding and punishing administrative personnel in accordance with the law;

18. Other functions and powers granted by the National People's Congress and the Standing Committee of the National People's Congress.

Article 90 The ministers and directors of the commissions of the State Council are responsible for the work of their own departments; convene and preside over ministerial meetings or committee meetings and committee meetings to discuss and decide on major issues in the work of their departments.

Ministries and committees issue orders, instructions, and regulations within the authority of their own departments in accordance with laws and administrative regulations, decisions, and orders of the State Council.

Article 91 The State Council establishes auditing agencies to audit and supervise the financial revenues and expenditures of the various departments of the State Council and local governments, and the financial revenues and expenditures of the state's financial institutions and enterprises and institutions.

Under the leadership of the Premier of the State Council, audit institutions exercise their audit supervision power independently in accordance with the law, and are not subject to interference by other administrative organs, social organizations and individuals.

Article 92 The State Council is responsible for and reports to the National People's Congress; during the intersessional period of the National People's Congress, it is responsible for and reports to the Standing Committee of the National People's Congress.

Section 4 Central Military Commission

Article 93 The Central Military Commission of the People's Republic of China leads the national armed forces.

The Central Military Commission is composed of:

Chairman,

Several Vice-Chairmen,

Several members.

The Central Military Commission implements the chairman responsibility system.

Each term 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 National People's Congress and the Standing Committee of the National People's Congress.

Section 5 Local People's Congresses and Local People's Governments

Article 95 Provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, ethnic townships, and towns establish people's congresses and people's governments.

The organization of local people's congresses and local people's governments at various levels is regulated by law.

Autonomous regions, autonomous prefectures, and autonomous counties establish autonomous agencies. The organization and work of self-government organs are stipulated by law in accordance with the basic principles stipulated in Sections III and V of Chapter III of the Constitution.

Article 96. Local people's congresses at all levels are local organs of state power.

Local people's congresses at and above the county level have established 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 without districts, municipal districts, townships, ethnic townships and towns Elected directly by voters.

The number of deputies to local people's congresses at all levels and the method for selecting them shall be prescribed by law.

Article 98 The term of office of local people's congresses at all levels is five years.

Article 99 Local people's congresses at all levels in their respective administrative areas ensure compliance and enforcement of the Constitution, laws, and administrative regulations; pass and issue resolutions in accordance with the powers prescribed by law to review and determine local economic and cultural development And public utility construction plans.

Local people's congresses at or above the county level review and approve reports on national economic and social development plans, budgets, and their implementation in the administrative region; they have the right to change or cancel inappropriate decisions of the standing committees of people's congresses at the corresponding levels .

The people's congress of a nationality township may adopt specific measures appropriate to national characteristics in accordance with the powers prescribed by law.

Article 100 Under the premise that different constitutions, laws, and administrative regulations conflict with the people's congresses of provinces and municipalities directly under the Central Government, they may formulate local regulations and report them to the Standing Committee of the National People's Congress for the record.

Under the premise that different constitutions, laws, administrative regulations and local regulations of the province and autonomous region are in conflict with each other, the people's congresses of the city divided into districts can formulate local regulations in accordance with the law and report to the people of the province and autonomous region Implementation by the Standing Committee of the Congress.

Article 101 Local people's congresses at various levels elect and have the power to remove the governors and deputy governors, mayors and deputy mayors, county and deputy county heads, district heads and deputy district heads of people's governments at the corresponding levels , Township head and deputy head, town head and deputy head.

Local people's congresses at or above the county level elect and have the power to remove the director of the supervisory committee at the corresponding level, the president of the people's court at that level, and the chief procurator of the people's procuratorate at that level. The election or removal of the chief procurator of a people's procuratorate must be reported to the chief procurator of a superior people's procuratorate for approval by the standing committee of the people's congress at that level.

Article 102 Deputies to the people's congresses of provinces, municipalities directly under the Central Government, and cities divided into districts are subject to the supervision of the original electoral units; deputies to the people's congresses of counties, cities without districts, municipal districts, townships, ethnic townships, and towns are elected Supervision.

The electoral units and voters of the local people's congress deputies at all levels have the right to dismiss deputies elected by them in accordance with the procedures prescribed by law.

Article 103 The standing committees of the local people's congresses at or above the county level are composed of a number of directors, deputy directors, and members, who are responsible and report to the people's congress at the corresponding level.

Local people's congresses at or above the county level elect and have the power to remove members of the standing committees of people's congresses at the corresponding level.

The members of the standing committees of the local people's congresses at or above the county level shall not hold the posts of state administrative organs, supervisory organs, judicial organs and procuratorial organs.

Article 104 The standing committees of the local people's congresses at or above the county level discuss and decide on major issues in all aspects of work within their respective administrative areas; supervise the work of the people's governments, supervisory committees, people's courts and people's procuratorates at the corresponding levels; Inappropriate decisions and orders of the people's government at the corresponding level; Withdrawal of inappropriate resolutions of the people's congress at the next lower level; Decide on the appointment and removal of staff of state organs in accordance with the powers provided by the law; Election of individual representatives of the people's congress at the next higher level.

Article 105 Local people's governments at various levels are the executive organs of local state power organs at all levels, and they are the state administrative organs at local levels.

Local people's governments at all levels implement the responsibility system of governors, mayors, county heads, district heads, town heads, and town heads.

Article 106 The term of office of local people's governments at all levels is the same as that of the people's congresses at the corresponding level.

Article 107 Local people's governments at or above the county level shall, in accordance with the powers prescribed by law, manage the economy, education, science, culture, health, sports, urban and rural construction and finance, civil affairs, public security, and nationality within their respective administrative areas. Issue administrative matters such as affairs, judicial administration, family planning, issue decisions and orders, and appoint, remove, train, evaluate, reward and punish administrative staff.

The people's governments of townships, ethnic townships, and towns implement the resolutions of the people's congresses at the corresponding level and the decisions and orders of the state administrative organs at higher levels, and manage administrative work in their respective administrative areas.

The people's governments of provinces and municipalities directly under the Central Government decide the establishment and regional division of townships, ethnic townships, and towns.

Article 108 Local people's governments at or above the county level lead the work of subordinate working departments and subordinate people's governments and have the right to change or revoke inappropriate decisions of subordinate working departments and subordinate people's governments.

Article 109 Local people's governments at or above the county level establish audit institutions. Local audit institutions at various levels independently exercise audit supervision powers in accordance with the law and are responsible to the people's governments at the same level and the audit institutions at the next higher level.

Article 110 Local people's governments at various levels are responsible and report on their work to the people's congresses at that level. Local people's governments at or above the county level are responsible and report to the Standing Committee of the people's congress at the corresponding level during the intersessional period.

Local people's governments at various levels are responsible and report on their work to the state administrative organs at the next higher level. The local people's governments at all levels throughout the country are state administrative organs under the unified leadership of the State Council, and they all obey the State Council.

Article 111 Residents 'committees or villagers' committees set up in urban and rural areas according to the area where the residents live are grassroots mass autonomous organizations. The directors, deputy directors and members of residents committees and villagers committees are elected by residents. The relationship between the residents 'committees and villagers' committees and the grassroots government is regulated by law.

Residents 'committees and villagers' committees set up committees for people's mediation, public security, public health and other committees to handle public affairs and public welfare undertakings in their areas of residence, mediate civil disputes, assist in maintaining public order, and reflect the people's opinions, requirements and suggestions to the people's government .

Section 6 Autonomous Organs of Ethnic 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 congresses of autonomous regions, autonomous prefectures, and autonomous counties, in addition to representatives of ethnic groups exercising regional autonomy, other ethnic groups residing within their own administrative regions shall also have an appropriate number of representatives.

The standing committees of the people's congresses of autonomous regions, autonomous prefectures, and autonomous counties shall have as their directors or deputy directors citizens of nationalities that practice regional autonomy.

Article 114 The chairman of an autonomous region, the governor of an autonomous prefecture, and the head of an autonomous county or county shall be the citizens of nationalities who practice regional autonomy.

Article 115 Autonomous organs of autonomous regions, autonomous prefectures, and autonomous counties exercise the functions and powers of local state organs as provided in Chapter III, Section 5, of the Constitution, and exercise their autonomy in accordance with the powers provided for in the Constitution, the Law on Regional National Autonomy, and other laws. The actual situation in the local area implements national laws and policies.

Article 116 The people's congresses of ethnic autonomous areas have the right to formulate autonomous regulations and separate regulations in accordance with the political, economic, and cultural characteristics of local ethnic groups. The autonomous regulations and separate regulations of the autonomous region shall come into effect upon approval by the Standing Committee of the National People's Congress. Autonomous regulations and separate regulations of autonomous prefectures and counties shall be effective after being approved by the Standing Committee of the People's Congress of the province or autonomous region and reported to the Standing Committee of the National People's Congress for the record.

Article 117 The organs of self-government of national autonomous areas have the autonomy to manage local finances. All fiscal revenues belonging to national autonomous areas in accordance with the state financial system should be arranged and used by the autonomous organs of national autonomous areas.

Article 118 Under the guidance of the State Plan, the self-government organs of ethnic autonomous areas autonomously arrange and manage local economic construction undertakings.

When the state develops resources and builds enterprises in ethnic autonomous areas, it shall take care of the interests of ethnic autonomous areas.

Article 119 The self-government organs of ethnic autonomous areas shall independently manage local education, science, culture, health, and sports undertakings, protect and organize their cultural heritage, and develop and prosper their national culture.

Article 120 The self-government organs of ethnic autonomous areas may, in accordance with the military system of the country and local actual needs, with the approval of the State Council, organize local public security forces to maintain public order.

Article 121 When performing their duties, the organs of self-government of a national autonomous area shall, in accordance with the provisions of the regulations on self-government of the national autonomous area, use one or more languages commonly used locally.

Article 122 The state assists ethnic minorities in accelerating the development of economic and cultural construction in terms of finance, materials and technology.

The state helps ethnic autonomous areas to train a large number of cadres at all levels, various professionals and skilled workers from local ethnic groups.

Section VII Supervisory Committee

Article 123 The supervisory committees of the People's Republic of China at all levels are the state's supervisory organs.

Article 124 The People's Republic of China establishes national supervisory committees and local supervisory committees at all levels.

The supervisory committee is composed of:

director,

Several deputy directors,

Several members.

The term of office of the chairman of the supervisory committee is the same as that of the people's congress at the same level. The director of the State Supervisory Committee shall serve no more than two consecutive terms.

The organization and functions of the supervisory committee are prescribed by law.

Article 125 The National Supervisory Committee of the People's Republic of China is the supreme supervisory authority.

The State Supervisory Committee leads the work of local supervisory committees, and the supervisory committee at a higher level leads the work of supervisory committees at a lower level.

Article 126 The State Supervisory Committee is responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local supervisory committees at various levels are responsible to the state authority and supervisory committees at the next higher level.

Article 127 The supervisory committee shall exercise its supervisory power independently in accordance with the law, and shall not be subject to interference by administrative organs, social organizations and individuals.

Supervisory organs handling cases of duty violations and duty crimes shall cooperate with and restrain each other from judicial organs, procuratorial organs and law enforcement agencies.

Section 8 People's Courts and People's Procuratorates

Article 128 The People's Court of the People's Republic of China is the judicial organ of the state.

Article 129 The People's Republic of China establishes special people's courts such as the Supreme People's Court, local people's courts at all levels, and military 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, and he cannot serve for more than two consecutive terms.

The organization of the people's court is prescribed by law.

Article 130 The trial of a case by a people's court shall be conducted in public except for special circumstances provided for by law. The defendant has the right to a defence.

Article 131 The people's courts exercise judicial power independently in accordance with the law and are not subject to interference by administrative organs, social organizations and individuals.

Article 132 The Supreme People's Court is the highest judicial organ.

The Supreme People's Court supervises the trials of local people's courts at various levels and specialized people's courts, and the higher-level people's courts oversee the trials of lower-level people's courts.

Article 133 The Supreme People's Court is responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local people's courts at various levels are responsible for the state power organs that created it.

Article 134 The People's Procuratorate of the People's Republic of China is the state's legal supervisory organ.

Article 135 The People's Republic of China establishes special people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at all levels, and military 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, and he cannot serve more than two consecutive terms.

The organization of the People's Procuratorate is prescribed by law.

Article 136 The people's procuratorates exercise their procuratorial power independently in accordance with the law, and are not subject to interference by administrative organs, social organizations and individuals.

Article 137 The Supreme People's Procuratorate is the highest procuratorial organ.

The Supreme People's Procuratorate leads the work of local people's procuratorates at various levels and specialized people's procuratorates, and the people's procuratorates at higher levels lead the work of people's procuratorates at lower levels.

Article 138 The Supreme People's Procuratorate is responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local people's procuratorates at various levels are responsible for the state power organs and the people's procuratorates at higher levels.

Article 139 Citizens of all nationalities have the right to sue in their own language. People's courts and people's procuratorates should translate for those who are not familiar with the local languages and languages.

In areas where ethnic minorities live in concentrated communities or where multiple ethnic groups live together, the trial shall be conducted in the local language; the indictments, judgments, notices and other documents shall use one or more languages commonly used in the locality according to actual needs.

Article 140 In handling criminal cases, the people's courts, people's procuratorates and public security organs shall divide their responsibilities, cooperate with each other, and restrict each other to ensure the accurate and effective implementation of the law.

Chapter IV National Flag, National Anthem, National Emblem, Capital

Article 141 The national flag of the People's Republic of China is a five-star red flag.

The national anthem of the People's Republic of China is the March of the Volunteers.

Article 142 The national emblem of the People's Republic of China is centered on the Tiananmen Gate illuminated by five stars, surrounded by grain spikes and gears.

Article 143 The capital of the People's Republic of China is Beijing.




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