NPC

Major Functions and Rights of the NPC

The Constitution empowers the NPC with the total and highest position and the following major functions and rights:

1. To formulate and revise the Constitution and supervise its implementation; enact and revise basic laws and other laws of the state. The amendment of the Constitution shall be proposed by the Standing Committee of the NPC or one-fifth of the deputies to the NPC and can only be adopted by a majority of no less than two-thirds of the deputies to the NPC. Laws and other bills shall be adopted by the NPC with a majority of the deputies to the NPC. The Constitution also stipulates that the NPC has the rights to alter or annul inappropriate decision adopted by the Standing Committee of the NPC.

2. To elect members of the Standing Committee of the NPC; to elect the president and vice president of thePeople's Republic of China, and decide on the choice of the premier of the State Council upon nomination by the president, the choice of other members composing the State Council upon the nomination by the premier; to elect the chairman of the Central Military Commission, and decide on the choice of other members composing the Central Military Commission upon nomination by the chairman of the Commission; to elect the president of the Supreme People's Court; and to elect the procurator-general of the Supreme People's Procuratorate. The NPC has the right to remove all the above-mentioned functionaries.

3. To examine and approve the plan for national economic and social development; to examine and approve the state budget and the report on its implementation; to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government; to decide on the establishment of special administrative regions and the systems to be instituted in the regions; and to decide on questions of war and peace.

4. To exercise such other functions and powers as the highest organ of state power should exercise.

Local People's Congresses and Their Standing Committees

People's congresses are established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipalities, towns, ethnic townships and towns. Standing committees are established at people's congresses above the county level. 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. That of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns is three years.

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. According to the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and approve 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 made by 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 cites approved by the State Council have the right to adopt local regulations in light of their regional economic and cultural characteristics.

Local people's congresses at and above the county level elect and have the power to recall presidents of the people's courts and chief procurators of people's procuratorates at the corresponding level.

The election or recall of chief procurators of people's 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.