中华人民共和国地方各级人民代表大会和地方各级人民政府组织法（第三次修正）（二）

　　Chapter III The Standing Committees of Local People' Congresses at and Above the County Level

　　Article 40 Standing committees shall be established by the people's congresses of provinces，autonomous regions，municipalities directly under the Central Government，autonomous prefectures，counties，autonomous counties，cities and municipal districts.

　　The standing committee of a local people's congress at or above the county level shall be a permanent organ of that people's congress and shall be responsible and report on its work to it.

　　Article 41 The standing committee of the people's congress of a province，autonomous region，municipality directly under the Central Government，autonomous prefecture，or city divided into districts shall be composed of a chairman，vice-chairmen，a secretary-general and members to be elected by the people's congress from among its deputies.

　　The standing committee of a people's congress of a county，autonomous county，city not divided into districts，or municipal district shall be composed of a chairman，vice-chairmen and members by be elected by the people's congress from among its deputies.

　　No one on the standing committee may hold office in an administrative，judicial or procuratorial organ of the state；if a member assumes any of the above-mentioned offices，he must resign from his post on the standing committee.

　　The number of component members on the various standing committees shall be as follows：

　　（1）35 to 65 members for those of provinces，autonomous regions，and municipalities directly under the Central Government and no more than 85 members for those of provinces with populations exceeding 80 million；

　　（2）13 to 35 members for those of cities divided into districts and for autonomous prefectures and no more than 45 members for those of cities divided into districts with populations exceeding eight million；and

　　（3）11 to 23 members for those of counties，autonomous counties，cities not divided into districts，and municipal districts and on more than 29 members for those of counties，autonomous counties，cities not divided into districts，and municipal districts with populations exceeding one million.

　　The number of component members on the standing committee of the people's congress of a province，autonomous region and municipality directly under the Central Government shall，in accordance with the provisions of the preceding paragraph，be determined on the basis of the size of the local population by the people's congress of the province，autonomous region and municipality directly under the Central Government. The number of component members on the standing committee of the people's congress of an autonomous prefecture，county，autonomous county，city and municipal district shall，in accordance with the provisions of the preceding paragraph，be determined on the basis of the size of the local population by the standing committee of the people's congress of a province，autonomous region and municipality directly under the Central Government. After the number of component members on the standing of a people's congress is determined，it shall no longer be altered during the term of office of the current people's congress.

　　Article 42 The standing committee of a local people's congress at or above the county level shall have the same term of office as that people's congress and shall exercise its functions and powers until a new standing committee is elected by the succeeding people's congress at the same level.

　　Article 43 The standing committees of the people's congresses of provinces，autonomous regions，and municipalities directly under the Central Government may，when their respective people's congresses are not in session，formulate and promulgate local regulations in accordance with the specific conditions and actual needs of their respective administrative areas，provided that these regulations do n

ot contravene the Constitution，the law and administrative rules and regulations；they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.

　　The standing committees of the people's congresses of cities where the provincial and autonomous regional people's governments are located and the standing committees of the people's congresses of those relatively large cities with the approval of the State Council may，when their respective people's congresses are not in session，formulate local regulations in accordance with the specific conditions and actual needs of their respective cities，provided that these regulations do not contravene the Constitution，the law，administrative rules and regulations and the local regulations of the respective provinces and autonomous regions；they shall submit such local regulations to the standing committees of the people's congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record.

　　Article 44 The standing committee of a local people's congress at or above the county level shall exercise the following functions and powers：

　　（1）to ensure the observance and execution，in its administrative area，of the Constitution，the law，administrative rules and regulations and the resolutions of the people's congresses and their standing committees at higher levels；

　　（2）to direct or conduct the election of deputies to its people's congress；

　　（3）to convene sessions of its people's congress；

　　（4）to discuss and decide on major issues in political，economic，cultural，educational，scientific，cultural，public health，protection of the environment and natural resources and civil and nationality affairs in its administrative area；

　　（5）to decide，upon the recommendation of the people's government at the corresponding level，to make partial alterations in the plans for economic and social development and the budgets of its respective administrative area；

　　（6）to supervise the work of the people's government，people's court and people's procuratorate at the corresponding level，to maintain contact with the deputies of its people's congress and to receive and handle accusations and complaints from the people against the above-mentioned organs and state functionaries；

　　（7）to annul inappropriate resolutions of the people's congress and its standing committee at the next lower level；

　　（8）to annul inappropriate decisions and orders of the people's government at the corresponding level；

　　（9）to decide，when its people's congress is not in session，on the appointment or removal of individual deputy governors，vice-chairmen of the autonomous region，deputy mayors，deputy prefects and deputy heads of the county or district；when，for any reason，the governor，chairman of the autonomous region，mayor，prefect，or head of the county or district，president of the people's court or chief procurator of the people's procuratorate is unable to perform his duties，to choose a person from among the deputy heads of the people's governments，people's court or people's procuratorate at the corresponding level to act on his behalf；the choice of an acting chief procurator must be reported to the people's procuratorate and the standing committee of the people's congress at the next higher level for the record；

　　（10）to decide，upon nomination by the governor，chairman of the autonomous region，mayor，prefect，or head of the county or district，on the appointment or removal of the secretary-general and the department and bureau directors， commission chairmen and section chiefs of the people's government at the corresponding level and to report such decisions to the people's government at the next higher level for the record；

　　（11）to appoint or

remove， in accordance with the provisions of the Organic Law of the People's Courts and the Organic Law of the People's Procuratorates， vice-presidents， chief judges and associate chief judges of divisions， members of the judicial committees and judges of the people's courts， to appoint or remove deputy chief procurators， members of the procuratorial committees and procurators of the people's procuratorates， and to approve the appointment or removal of the chief procurators of the people's procuratorates at the next lower level； the standing committee of the people's congress of a province， autonomous region， or municipality directly under the Central Government shall， upon nomination by its council of chairmen， decide on the appointment or removal of presidents of intermediate people's courts established in prefectures of provinces and autonomous regions or in municipalities directly under the Central Government and， upon nomination by the chief procurator of the people's procuratorate of a province， autonomous region or municipality directly under the Central Government， decide on the appointment or removal of chief procurators of people's branch procuratorates.

　　（12）to decide， when its people's congress is not in session， on the removal from office of individual deputy governors， vice-chairmen of the autonomous region， deputy mayors， deputy prefects and deputy heads of the county or district； to decide on the removal from office of personnel it has appointed among other members of the people's government， vice-presidents， chief judges and associate chief judges of divisions， members of the judicial committees and judges of the people's courts， deputy chief procurators， members of the procuratorial committees and procurators of the people's procuratorates， presidents of intermediate people's courts and chief procurators o

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