Organic Law of Local People's Congresses and Local People's Governments in People's Republic of China (PRC) (revised by 1982)

Chapter I General Provisions Article 1 People's congresses and people's governments shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, nationality townships and towns. Article 2 Local people's congresses at or above the county level shall establish standing committees. Chapter II Local People's Congresses at Various Levels Article 3 Local people's congresses at various levels are local organs of state power. Article 4 Deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall be elected by the people's congresses at the next lower level; Deputies to the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships and towns are directly elected by voters.

The number of deputies to local people's congresses at various levels and the method for the selection of deputies shall be prescribed by the electoral law. Ethnic minorities in each administrative region shall have appropriate representation. Article 5 The term of office of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts is five years. The term of office of the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships and towns is three years. Article 6 The people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, according to the specific conditions and actual needs of their respective administrative regions, formulate and promulgate local regulations on the premise that the constitutions, laws, policies, decrees and decrees of different countries are in conflict, and report them to the NPC Standing Committee and the State Council for the record. Article 7 Local people's congresses at or above the county level shall exercise the following functions and powers:

(1) To ensure the observance and implementation of the Constitution, laws, policies, decrees, decrees and resolutions of the people's congresses at higher levels within their respective administrative areas, and to ensure the implementation of national plans and budgets;

(2) Examining and approving the national economic plans, budgets and final accounts within their respective administrative areas;

(three) to discuss and decide on major issues in politics, economy, culture, education, health, civil affairs and ethnic work within their respective administrative areas;

(4) Electing members of the Standing Committee of the people's congress at the corresponding level;

(five) to decide the candidates for the governor and deputy governor, the chairman and vice-chairman of the autonomous region, the mayor and deputy mayor, the governor and deputy governor, the county magistrate, deputy county magistrate, district head and deputy district head;

(6) The people's congresses of provinces, autonomous regions and municipalities directly under the Central Government elect the presidents of the people's courts at the corresponding levels and the intermediate people's courts;

The people's congresses of autonomous prefectures, counties, autonomous counties, cities and municipal districts elect the presidents of the people's courts at the corresponding levels;

(7) The people's congresses of provinces, autonomous regions and municipalities directly under the Central Government elect the procurator-general of the people's procuratorate at the corresponding level and the procurator-general of the branch of the people's procuratorate;

The people's congresses of autonomous prefectures, counties, autonomous counties, cities and municipal districts elect the chief procurators of the people's procuratorates at the corresponding levels;

The elected chief procurator of the people's procuratorate shall report to the chief procurator of the people's procuratorate at a higher level and submit it to the Standing Committee of the people's congress at that level for approval;

To elect deputies to the people's congress at the next higher level;

(nine) to listen to and review the work report of the Standing Committee of the people's congress at the corresponding level;

(ten) to listen to and review the work reports of the people's governments, people's courts and people's procuratorates at the corresponding levels;

(eleven) to change or revoke inappropriate resolutions and orders of the people's government at the corresponding level;

(12) Altering or revoking inappropriate resolutions of the people's congress at the next lower level and inappropriate resolutions and orders of the people's government at the next lower level;

(thirteen) to protect the socialist property owned by the whole people and the property collectively owned by the working people, to protect the legitimate private property of citizens, to maintain social order, and to protect citizens' personal rights, democratic rights and other rights.

(fourteen) to ensure the autonomy of rural collective economic organizations;

(15) Protecting the rights of ethnic minorities;

(sixteen) to ensure that women enjoy equal political rights, labor rights, equal pay for equal work and other rights with men. Article 8 The people's congresses of townships, nationality townships and towns shall exercise the following functions and powers:

(1) To ensure the observance and implementation of the Constitution, laws, policies, decrees, decrees and resolutions of the people's congresses at higher levels within their respective administrative areas;

To adopt and issue resolutions within the scope of their functions and powers;

(three) according to the national plan, decide the construction plan of economic, cultural and public utilities within their respective administrative areas;

Decide on the implementation plan of civil affairs work in this administrative region;

(5) Electing township heads, deputy township heads, mayors and deputy mayors;

(six) to listen to and review the work reports of the people's governments of townships, nationality townships and towns;

(seven) to change or cancel inappropriate resolutions and orders of the people's governments of townships, nationality townships and towns;

(8) Protecting socialist property owned by the whole people and property collectively owned by working people, protecting citizens' private legal property, maintaining social order and safeguarding citizens' personal rights, democratic rights and other rights.

(nine) to ensure the autonomy of rural collective economic organizations;

X. Safeguarding the rights of ethnic minorities;

(eleven) to ensure that women enjoy equal political rights, labor rights, equal pay for equal work and other rights with men.

When exercising their functions and powers, the people's congresses of townships, nationality townships and towns where ethnic minorities live in concentrated communities shall take specific measures suitable for ethnic characteristics. Article 9 Local people's congresses at various levels have the right to recall members of the people's governments at the corresponding levels. Local people's congresses at or above the county level have the right to recall the members of their standing committees, the presidents of the people's courts and the chief procurators of the people's procuratorates. The recall of the chief procurator of a people's procuratorate shall be reported to the chief procurator of a people's procuratorate at a higher level for approval by the Standing Committee of the people's congress at that level.