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中华人民共和国宪法修正案(附:《中华人民共和国宪法〔1999年修正本〕》) The Amendment to the Constitution of the Peoples Republic of C

2009-03-24 法律英语 来源:互联网 作者:
decisions and orders in accordance with the Constitution and the law;

  (2) to submit proposals to the National People's Congress or its Standing Committee;

  (3) to formulate the tasks and responsibilities of the ministries and commissions of the State Council, to 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 the ministries and 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 of the state budg

et;

  (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 the nationalities and to safeguard the equal rights of minority nationalities and the right to autonomy of the national autonomous areas;

  (12) to protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing 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, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and

  xercise such other functions and powers as the National People's Congress or its Standing Committee may assign to it.

  Article 90 Ministers in charge of the ministries or commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings for general and executive meetings of the commissions to discuss and decide major issues in the work of their respective departments.

  The ministries and commissions issues orders, directives and regulations within the jurisdiction of their respective departments in accordance with the law and the administrative rules and regulations, decisions and orders issued by the State Council.

  Article 91 The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institutions of the state.

  Under the direction of the Premier of the State Council, the auditing body independently exercises its power of supervision through auditing in accordance with the law, subject to no interference by any other administrative organ of any public organization or individual.

  Article 92 The State Council is responsible and reports on its work to the National People's Congress, or when the National People's Congress is not in session, to its Standing Committee.

  Section IV The Central Military Commission

  Article 93 The Central Military Commission of the People's Republic of China directs the armed forces of the country.

  The Central Military Commission is composed of the following:

  the Chairman;

  the Vice-Chairmen; and

  the members.

  The Chairman assumes overall responsibility for the work of the Central Military Commission.

  The term of office of the Central Military Commission is the same as that of the National People's Congress.

  Artic

le 94 The Chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee.

  Section V The local People's Congresses and Local People's Governments at Various Levels

  Article 95 People's congresses and people's governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns.

  The organization of local people's congresses and local people's governments at various levels is prescribed by law.

  Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections V and VI of Chapter Three of the Constitution.

  Article 96 Local people's congresses at various levels are local organs of state power.

  Local people's congresses at and above the county level establish standing committees.

  Article 97 Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are elected directly by their constituencies.

  The number of deputies to local people's congresses at various levels and the manner of their election are prescribed by law.

  Article 98 The term of office of the people's congresses of provinces, municipalities directly under the Central Government, counties, cities and districts under the jurisdiction of the municipal government is five years.

  The term of office of the people's congresses of townships, nationality townships and towns is three years.

  Article 99 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. Within the limits of their authority as prescribed by law, they adopt and issue regulations and examine and decide on 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 annual inappropriate decisions of their own standing committees.

  The people's congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the nationalities concerned.

  Article 100 The people's congresses of provinces and municipalities directly under the Central Government and their standing committees may adopt local regulations, which must not contravene the Constitution and the law and administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the National People's Congress for the record.

  Article 101 Local people's congresses and their respective levels elect and have the power to recall governors and deputy governors, or mayors and deputy mayors, or heads deputy heads of counties, districts, townships and towns.

  Local people's congresses at and above the county level elect, and have the power to recall, presidents of people's courts and chief pocurators of people's procuratorates at the corresponding level. The election or recall of chief procurators of people's procuratorates at the next higher level for submission to the standing committees of the peop

le's congresses at the corresponding level for approval.

  Article 102 Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are subject to supervision by their constituencies.

  The electoral units and constituencies which elect deputies to local people's congresses at various levels have the power to recall the deputies according to procedures prescribed by law.

  Article 103 The standing committee of the local people's congress at and above the county level is composed of a chairman, Vice-Chairmen and member

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