State Council

The Legal Position, Functions and Rights of the State Council

The State Council is the highest state organ of administration. The Constitution prescribes the following functions and rights for the State Council:

1. To adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and law;

2. To submit proposals to the National People's Congress or its Standing Committee;

3. To stipulate the tasks and responsibilities of various ministries and commissions, exercise unified leadership over the work of the ministries and commissions and direct all other administrative work of a national character that does not fall within the jurisdiction of any specific ministries or 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 defense;

11. To direct and administer affairs concerning ethnic groups and to safeguard the equal rights of the minorities and the right to autonomy of ethnic autonomous areas;

12. To protect the legitimate rights and interests of Chinese nationals residing abroad and protecting the rights and interests of returned overseas Chinese and of the family members of Chinese nationals 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 Central Government;

17. To examine and decide on the size of administrative organs and, in accordance with the law, 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.