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)
2009-03-24 法律英语 来源:互联网 作者: ℃(13)to conduct a by-election, when its people's congress is not in session, in the event that a post of deputy to the people's congress at the next higher level becomes vacant and to remove from office individual deputies; and
(14)to decide on the conferment of local titles of honour.
Article 45 Meeting of a standing committee shall be convened by its chairman and held at least once every other month.
Resolutions of a standing committee shall be adopted by a majority vote of all its members.
Article 46 The council of chairmen of the standing committee of a local people's congress at or above the county level may submit to the standing committee of the people's congress at the corresponding level bills and proposals within the scope of the functions and powers of the standing committee, which shall be deliberated at the meeting of the standing committee.
A local people's government at or above the county level or a special committee of the people's congress at the corresponding level may submit bills and proposals to its standing committee within its scope of functions and powers. The council of chairmen shall decide to refer them to a meeting of the standing committee for deliberation or to first refer them to relevant special committees for deliberation and reports before submitting them to a meeting of the standing committee for deliberation.
Five or more standing committee members of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts, or three or more standing committee members of a people's congress at the county level, may jointly submit a bill or proposal to its standing committee within its scope of functions and powers. The council of chairmen shall decide whether to refer the bill or proposal to a meeting of the standing committee for deliberation or to first refer it to a relevant special committee for deliberation and a report before deciding on w
hether to submit it to a meeting of the standing committee for deliberation.
Article 47 A group of five or more standing committee members of the people's congress of a province, autonomous prefecture, or a city divided into districts or a group of three or more standing committee members of a people's congress at the county level may, when the standing committee is in session, submit to the standing committee written proposals for addressing questions to the people's government, People's Court or People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves.
The council of chairmen shall decide whether to refer the proposal to the organ addressed for an oral reply at the plenary meeting of the standing committee or at the meeting of a relevant special committee, or for a written reply. Where a reply is made at a meeting of the special committee, the component members of the standing committee who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions; when the council of chairmen considers it necessary, it may have the report on the reply printed and distributed to the session.
If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the council of chairmen shall have it printed and distributed to the session or to the component members of the standing committee who address the questions.
Article 48 The chairman, vice-chairmen and secretary-general of 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 constitute its council of chairmen; the chairman and vice-chairmen of the standing committee of the people's congress of a county, autonomous county, city not divided into districts, or municipal district shall constitute its council of chairmen. The council of chairmen shall handle the important day-to-day work of its standing committee.
Article 49 In the event that the chairman of a standing committee is unable to work due to feeble health or that his office falls vacant, the standing committee shall select one of the vice-chairmen to act on behalf of the chairman until he recovers his health or a new chairman is elected by the people's congress.
Article 50 The standing committee of each local people's congress at or above the county level shall establish a credentials committee.
Nominations for the chairman, vice-chairmen and members of a credentials committee shall be made by the council of chairmen of the standing committee from among the members of the standing committee and adopted at a meeting of the standing committee.
Article 51 The credentials committee shall examine whether elections for deputies are conducted in conformity with the provisions prescribed by law.
Article 52 The council of chairmen of a group of at least one-fifth of the component members of the standing committee may submit to the standing committee of the people's congress at the corresponding level a proposal for organizing an investigation committee on specific questions, which shall be submitted to the plenary meeting for decision.
An investigation committee shall be composed of a chairman, vice-chairmen and members, who shall be nominated by the council of chairmen from among the component members of the standing committee and other deputies and be submitted to the plenary meeting for approval.
The investigation committee shall present an investigation report to the standing committee of the people's congress at the corresponding level. And the standing committee m
ay make an appropriate resolution on the basis of the report made by the investigation committee.
Article 53 A standing committee may set up administrative offices and other working organs according to its needs in work.
The standing committee of the people's congress of a province and autonomous region may set up administrative offices in the prefectures under its jurisdiction.
Chapter IV Local People's Governments at Various Levels
Article 54 Local people's governments at various levels shall be the executive organs of the local people's congresses at the corresponding levels; they shall be the local organs of state administration.
Article 55 Local people's governments at various levels shall be responsible and report on their work to the people's congresses at the corresponding levels and to the state administrative organs at the next higher level. Local people's governments at and above the county level shall be responsible and report on their work to the standing committees of the people's congresses at the corresponding levels when the congresses are not in session.
The local people's governments at various levels throughout the country shall be state administrative organs under the unified leadership of the State Council and shall be subordinate to it.
The local people's governments at various levels must perform their administrative functions and powers in accordance with law.
Article 56 The people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts shall be respectively composed of the governor and deputy governors, the chairman and vice-chairmen of the autonomous region, the mayor and deputy mayors, or the prefect and deputy prefects, and additionally the secretary-general, department directors, bureau directors and commission chairmen.
The people's government of a county, autonomous county, city not divided into districts, or municipal district shall be respectively composed of the head and deputy heads of the county, the mayor and deputy mayors, or the head and deputy heads of the district, and additionally the bureau directors and section chiefs.
The people's government of a township or nationality township shall have a township head and deputy heads. The head of a nationality township shall be a citizen of the minority nationality that establishes the nationality township. The head of a nationality township shall be a citizen of the minority nationality that establishes the nationality township. The people's government of a town shall have a town head and deputy heads.
Article 57 After leading persons of a new people's government are elected according to law, they shall, within two months, request to the standing committee of the people's congress at the corresponding level to appoint the secretary-general of the people's government, department directors, bureau directors, commission chairmen and section chiefs.
Article 58 The term of office of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's governments of townships, nationality townships, and towns shall be three years.
Article 59 A local people's government at or above the county level shall exercise the following functions and powers:
(1)to implement the resolutions of the people's congress and its standing committee at the corresponding level as well as decisions an
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