Section 4 of Chapter 2 of the Chinese Constitution Simplified

The Central Military Commission Icon

November 20, 2021

Article 93

The Central Military Commission leads the country’s armed forces.

It is composed of:

  • a chairperson
  • vice chairpersons
  • members.

It follows a chairperson responsibility system and shall have the same term of office as that of the NPC.

Article 94

The chairperson of the Central Military Commission shall be responsible to the NPC and the NPC Standing Committee.

Section 5

Local People’s Congresses at All levels and Local People’s Governments at All Levels

Article 95

Provinces, cities directly under central government jurisdiction, counties, cities, municipal districts, townships, ethnic townships and towns shall establish people’s congresses and people’s governments.

The organization of local people’s congresses at all levels and local people’s governments at all levels shall be prescribed by law.

Autonomous regions, autonomous prefectures and autonomous counties shall establish autonomous organs. The organization and work of autonomous organs shall be prescribed by law in accordance with the basic principles laid down in Chapter III sections 5 and 6 of the Constitution.

Article 96Local people’s congresses at all levels are local state organs of power.

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

Article 97Deputies to the people’s congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be elected by the people’s congresses at the next level down; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be directly elected by their constituencies.

The number of deputies to local people’s congresses at all levels and the procedures of their election shall be prescribed by law.

Article 98Local people’s congresses at all levels shall have a term of five years.

Article 99Local people’s congresses at all levels shall, within their administrative areas, ensure the observance and enforcement of the Constitution, laws and administrative regulations; they shall, according to the authority invested in them as prescribed by law, adopt and issue resolutions, and review and decide on local economic, cultural and public service development plans.

Local people’s congresses at and above the county level shall review and approve the economic and social development plans and budgets of their administrative areas as well as reports on their implementation; they shall have the power to change or revoke inappropriate decisions made by their own standing committees.

The people’s congresses of ethnic townships may, according to the authority invested in them as prescribed by law, take specific measures suited to ethnic characteristics.

Article 100The people’s congresses of provinces and cities directly under central government jurisdiction and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, formulate local regulations, which shall be reported to the NPC Standing Committee to be placed on record.

The people’s congresses of cities divided into districts and their standing committees may,provided there is no conflict with the Constitution, laws or administrative regulations, or with the local regulations of their province or autonomous region, formulate local regulations in accordance with the provisions of law, which shall go into force after submission to the standing committee of the people’s congress of their province or autonomous region and the receipt of approval.

Article 101Local people’s congresses shall, at their respective levels, elect and have the power to remove from office governors and deputy governors, mayors and deputy mayors, county heads and deputy heads, municipal district heads and deputy heads, township heads and deputy heads, and town heads and deputy heads.

Local people’s congresses at and above the county level shall elect, and have the power to remove from office, chairpersons of the commissions of supervision, presidents of the people’s courts and chief procurators of the people’s procuratorates at their respective levels.The election or removal of chief procurator of the people’s procuratorate must be reported to the chief procurator of the people’s procuratorate at the next level up for submission to the standing committee of the people’s congress at that level for approval.

Article 102Deputies to the people’s congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be subject to oversight by the organizations that elected them; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be subject to oversight by their constituencies.

The organizations and constituencies that elect deputies to local people’s congresses at all levels shall have the power to remove them from office in accordance with procedures prescribed by law.

Article 103The standing committees of local people’s congresses at and above the county level shall be composed of a chairperson, vice chairpersons and members; they shall be responsible to the people’s congresses at their respective levels and shall report to them on their work.

Local people’s congresses at and above the county level shall elect, and have the power to remove from office, members of their standing committees.

Members of the standing committee of a local people’s congress at or above the county level shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ of the state.

Article 104The standing committees of local people’s congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people’s government at the same level; revoke inappropriate resolutions adopted by the people’s congress at the next level down; decide on the appointment or removal of employees of state organs according to the authority invested in them as prescribed by law; and, when people’s congresses at their level are out of session, remove from office and elect to fill vacancies individual deputies to the people’s congress at the next level up.

Article 105Local people’s governments at all levels are the executive organs of the local state organs of power at their respective levels; they are the local state administrative organs at their respective levels.

Local people’s governments at all levels shall practice a governor, mayor, county head, municipal district head, township head or town head responsibility system.

Article 106Local people’s governments at all levels shall have the same term of office as that of the people’s congresses at their respective levels.

Article 107Local people’s governments at and above the county level shall, according to the authority invested in them as prescribed by law, manage administrative work related to the economy, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, etc., within their administrative areas; and shall issue decisions and orders, appoint or remove, train, evaluate, and award or punish administrative employees.

The people’s governments of townships, ethnic townships and towns shall implement the resolutions of the people’s congresses at their level and the decisions and orders of state administrative organs at the next level up; they shall manage the administrative work of their respective administrative areas.

The people’s governments of provinces and cities directly under central government jurisdiction shall decide on the establishment of townships, ethnic townships and towns and their geographic division.

Article 108Local people’s governments at and above the county level shall direct the work of their subordinate departments and of the people’s governments at the next level down and shall have the power to change or revoke inappropriate decisions made by their subordinate departments and the people’s governments at the next level down.

Article 109Local people’s governments at and above the county level shall establish audit offices. Local audit offices at all levels shall, in accordance with the provisions of law, independently exercise the power to conduct auditing oversight; they shall be responsible to the people’s government at their level and to the audit office at the next level up.

Article 110Local people’s governments at all levels shall be responsible to the people’s congresses at their levels and shall report to them on their work. Local people’s governments at and above the county level shall, when the people’s congresses at their level are out of session, be responsible to the standing committees of the people’s congresses at their level and shall report to them on their work.

Local people’s governments at all levels shall be responsible to state administrative organs at the next level up and shall report to them on their work. Local people’s governments at all levels nationwide are state administrative organs under the unified leadership of the State Council; they shall all be subordinate to the State Council.

Article 111Residents committees and villagers committees, established among urban and rural residents on the basis of their place of residence, are primary-level people’s organizations for self-governance. Residents committee and villagers committee chairpersons, vice chairpersons and members shall be elected by residents. The relations between residents committees and villagers committees and primary-levelstate bodies shall be prescribed by law.

Residents committees and villagers committees shall establish people’s mediation, public security, public health and other subcommittees to handle public affairs and public services in the residential areas to which they belong, mediate civil disputes and help maintain public order; they shall convey residents’ opinions and demands and make proposals to the people’s government.

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