The Central Military Commission

Autonomous Organs of Ethnic Autonomous Areas

Article 112The autonomous organs of ethnic autonomous areas are the people’s congresses and the people’s governments of autonomous regions, autonomous prefectures and autonomous counties.

Article 113In the people’s congresses of autonomous regions, autonomous prefectures and autonomous counties, aside from deputies of the ethnic group that exercises regional autonomy, other ethnic groups resident in that administrative area should also have an appropriate number of deputies.

On the standing committees of people’s congresses of autonomous regions, autonomous prefectures and autonomous counties, there should be citizens of the ethnic group that exercises regional autonomy in office as chairpersonor vice chairperson.

Article 114The offices of governor of an autonomous region, prefect of an autonomous prefecture and head of an autonomous county shall be filled by a citizen belonging to the ethnic group that exercises regional autonomy there.

Article 115The autonomous organs of autonomous regions, autonomous prefectures and autonomous counties shall exercise the functions and powers of local state organs as specified in Chapter III Section 5 of the Constitution; at the same time, they shall exercise the power to self-govern according to the authority invested in them as prescribed by the Constitution and the Law on Regional Ethnic Autonomy and other laws, and, based on local circumstances, shall implement the laws and policies of the state.

Article 116The people’s congresses of ethnic autonomous areas shall have the power to formulate autonomous regulations and local-specific regulationsin accordance with the political, economic and cultural characteristics of the ethnic groups in their areas. The autonomous regulations and local-specific regulationsof autonomous regions shall go into effect after submission to the NPC Standing Committee and receipt of approval. The autonomous regulations and local-specific regulationsof autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the NPC Standing Committee to be placed on record.

Article 117Autonomous organs of ethnic autonomous areas shall have the autonomy to manage their local finances. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area.

Article 118Autonomous organs of ethnic autonomous areas shall, under the guidance of state plans, autonomously plan for and manage local economic development.

When the state is exploiting resources or establishing enterprises in an ethnic autonomous area, it should be attentive to the interests of that area.

Article 119Autonomous organs of ethnic autonomous areas shall autonomously managethe educational, scientific, cultural, health and sports undertakings of their areas, protect and restore the cultural heritage of their ethnic groups, and promote the development and a thriving of ethnic cultures.

Article 120Autonomous organs of ethnic autonomous areas may, in accordance with the military system of the state and local needs, and with the approval of the State Council, organize local public security units to maintain public order.

Article 121In performing their duties, autonomous organs of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area.

Article 122The state shall provide financial, material and technical assistance to ethnic minorities to accelerate their economic and cultural development.

The state shall assist ethnic autonomous areas in training on a large scale officials at all levels, different types of specialized personnel and technical workers from among that area’s ethnic groups.

Section 7 Commissions of Supervision

Article 123Commissions of supervision of the PRC at all levels are the supervisory organs of the state.

Article 124

The PRC shall establish a National Commission of Supervision and local commissions of supervision at all levels.

This is composed of:

• a chairperson
• vice chairpersons
• members.

The chairperson of a commission of supervision shall have the same term of office as that of the people’s congress at the same level. The chairperson of the National Commission of Supervision shall serve no more than two consecutive terms.

The organization, functions and powers of the commissions of supervision shall be prescribed by law.

Article 125

The National Commission of Supervision of the PRC is the highest supervisory organ.

The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; commissions of supervision at higher levels shall direct the work of those at lower levels.

Article 126

The National Commission of Supervision shall be responsible to the NPC and the NPCStanding Committee. Local commissions of supervision at all levels shall be responsible to the state organs of power that created them and to the commissions of supervision at the next level up.

Article 127Commissions of supervision shall, in accordance with the provisions of law, independently exercise supervisory power, and shall not be subject to interference from any administrative organ, social organization or individual.

The supervisory organs, in handling cases of duty-related malfeasance or crime, shall work together with adjudicatory organs, procuratorial organs and law enforcement departments; they shall act as a mutual check on each other.

Section 8: People’s Courts and People’s Procuratorates

Article 128 The people’s courts of the PRC are the adjudicatory organs of the state.

Article 129 The PRC shall establish a Supreme People’s Court and local people’s courts at all levels, military courts and other special people’s courts.

The president of the Supreme People’s Court shall have the same term of office as that of the NPC and shall serve no more than two consecutive terms.

The organization of the people’s courts shall be prescribed by law.

Article 130 Except in special circumstances as prescribed by law, all cases in the people’s courts shall be tried in public. The accused shall have the right to defense.

Article 131 The people’s courts shall, in accordance with the provisions of law, independently exercise adjudicatory power, and shall not be subject to interference from any administrative organ, social organization or individual.

Article 132 The Supreme People’s Court is the highest adjudicatory organ.

The Supreme People’s Court shall overseethe adjudicatory work oflocal people’s courts at all levels and of special people’s courts; people’s courts at higher levels shall oversee the adjudicatory work of those at lower levels.

Article 133The Supreme People’s Court shall be responsible to the NPC and the NPC Standing Committee. Local people’s courts at all levels shall be responsible to the state organs of power that created them.

Article 134The people’s procuratorates of the PRC are the legal oversight organs of the state.

Article 135The PRC shall establish a Supreme People’s Procuratorate, local people’s procuratorates at all levels, military procuratorates and other special people’s procuratorates.

The procurator general of the Supreme People’s Procuratorate shall have the same term of office as that of the NPC and shall serve no more than two consecutive terms.

The organization of the people’s procuratorates shall be prescribed by law.

Article 136

The people’s procuratorates shall, in accordance with the provisions of law, independently exercise procuratorial power, and shall not be subject to interference from any administrative organ, social organization or individual.

Article 137

The Supreme People’s Procuratorate is the highest procuratorial organ.

The Supreme People’s Procuratorate shall direct the work of local people’s procuratorates at all levels and of special people’s procuratorates; people’s procuratorates at higher levels shall direct the work of those at lower levels.

Article 138

The Supreme People’s Procuratorate shall be responsible to the NPC and the NPC Standing Committee. Local people’s procuratorates at all levels shall be responsible to the state organs of power that created them and to the people’s procuratorates at higher levels.

Article 139

Citizens of all ethnic groups shall have the right to use their own ethnic group’s spoken and written languages in court proceedings. The people’s courts and the people’s procuratorates should provide translation services for any party to court proceedings who does not have a good command of the spoken or written languages commonly used in the locality.

In areas inhabited by people of an ethnic minority or by a number of ethnic groups living together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written in the language or languages commonly used in the locality according to actual needs.

Article 140

In handling criminal cases, the people’s courts, the people’s procuratorates and public security organs should each be responsible for their respective tasks, work together with each other, and act as checks on each other to ensure the faithful and effective enforcement of the law.

Chapter 4

The National Flag, National Anthem, National Emblem and the Capital

Article 141 The national flag of the PRC is a red flag with five stars.

The national anthem of the PRC is the March of the Volunteers.

Article 142 The national emblem of the PRC consists of an image of Tiananmen Gatein the center illuminated by five stars and encircled by spikes of grain and a cogwheel.

Article 143 The capital of the PRC is Beijing.