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Constitution of the peoples Republic of China 中华人民共和国宪法

2009-03-24 法律英语 来源:互联网 作者:
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  (4)the president of the Supreme people's Court; and

  (5)the procurator-General of the Supreme people's Procuratorate.

  Article 64 Amendments to the Constitution are to be proposed by the Standing Committee of the National people's Congress or by more than one-fifth of the deputies to the National people's Congress and adopted by a vote of more than two-thirds of all the deputies to the Congress.

  Laws and resolutions are to be adopted by a majority vote of all the deputies to the National people's Congress.

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

  The Chairman;

  The Vice-Chairmen;

  The Secretary-General; and

  The members.

  Minority nationalities are entitled to appropriate representation on the Standing Committee of the National people's Congress.

  The National people's Congress elects, and has the power to recall, members of its Standing Committee.

  No one on the Standing Committee of the National people's Congress shall hold office in any of the administrative, judicial or procuratorial organs of the State.

  Article 66 The Standing Committee of the National people's Congress is elected for the same term as the National people's Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the succeeding National people's Congress.

  The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms.

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

  (1) to interpret the Constitution and supervise its enforcement;

  (2) to enact and amend laws, with the exception of those which should be enacted by the National people's Congress;

  (3) to partially supplement and amend, when the National people's Congress is not in session, laws enacted by the National people's Congress, provided that the basic principles of these laws are not contravened;

  (4) to interpret laws;

  (5) to review and approve, when the National people's Congress is not in session, partial adjustments to the plan for national economic and social development or to the State budget that prove necessary in the course of their implementation;

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

  (7) to annul those administrative regulations, decisions or orders of the State Council that contravene the Constitution or other laws;

  (8) to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the constitution, other laws of administrative regulations;

  (9) to decide, when the National people's Congress is not in session, on the choice of Ministers in charge of ministries or commissions, the Auditor-General or the Secretary-General of the State Council upon nomination by the premier of the State Council;

  (10) to decide, when the National people's Congress is not in session, on the choice of other members of the Central military Commission upon nomination by the Chairman of the Commission;

  (11) to appoint or remove, at the recommendation of the President of the Supreme people's Court, the Vice-Presidents and Judges of the Supreme People's Court, members of its judicial Committee and the President of the Military Court;

  (12) to appoint or remove, at the recommendation of the Procurator-General of the Supreme People's Procuratorate the Deputy Procurators-General and procurators of the Supreme People's Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military its Procuratorial Committee and the Chief Procurator of the Military Procuratorate, and to approve the appointment or removal of the chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;

  (13) to decide on the appointment or recall of plenipotentiary representatives abroad;

  (14) to decide on the ratification or abrogation of treaties and important agreements concluded with foreign states;

  (15) to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;

  (16) to institute State medals and titles of honou

r and decide on their conferment;

  (17) to decide on the granting of special pardons;

  (18) to decide, when the National people's Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defence against aggression;

  (19) to decide on general or partial mobilization;

  (20) to decide on entering into the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government; and

  (21) to exercise such other functions and powers as the National people's Congress may assign to it.

  Article 68 The Chairman of the Standing Committee of the National people's Congress directs the work of the Standing Committee and convenes its meetings. The Vice-Chairmen and the Secretary-General assist the Chairman is his work.

  The Chairman, the Vice-Chairmen and the Secretary-General constitute the Council of Chairmen which handles the important day-to-day 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 to the Congress.

  Article 70 The National people's Congress establishes a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and public Health Committee, a Foreign Affairs Committee , an Overseas Chinese Committee and such other special committees as are necessary. These special committees work under the direction of the Standing Committee of the National people's Congress when the Congress is not in session

  The special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the National people's Congress and its Standing Committee.

  Article 71 The National people's Congress and its Standing Committee may, when they deem it necessary appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports.

  All organs of State, public organizations and citizens concerned are obliged to furnish the necessary information to the committees of inquiry when they conduct investigations.

  Article 72 Deputies to the National people's Congress and members of its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills an proposals within the scope of the respective functions and powers of the National people's Congress and its Standing Committee.

  Article 73 Deputies to the National people's Congress and members of the Standing Committee have the right, during the sessions of the Congress and meetings of the Committee, to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.

  Article 74 No deputy to the National people's Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress or, when the National People's Congress is not in session, without the consent of its Standing Committee.

  Article 75 Deputies to the National People's Congress may not be held legally liable for their speeches or votes at its meeting.

  Article 76 Deputies to the National people's Congress must play an exemplary role in abiding by the Constitution and other laws and keeping State secrets and, in public activities, production and other work, assist in the enforcement of the Constitution and other laws.

  Deputies to the National people's Congress should maintain close contact with the units which elected them and with the people, heed and convey the opin

ions and demands of the people and work hard to serve them.

  Article 77 Deputies to the National people's Congress are subject to supervision by the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall deputies they elected.

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

  Section 2 The President of the people's Republic of China

  Article 79 The President and Vice-President 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 the right to vote and to stand or election and who have reached the age of 45are eligible for election as President or 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, and they shall serve no more than two consecutive terms.

  Article 80 The President of the people's Re

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