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中华人民共和国地方各级人民代表大会和地方各级人民政府组织法(第三次修正)(二)

2006-05-16 16:21   我要纠错 | 打印 | 收藏 | | |

  Chapter III The Standing Committees of Local People' Congresses at and Above the County Level

  Article 40 Standing committees shall be established by the people's congresses of provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures,counties,autonomous counties,cities and municipal districts.

  The standing committee of a local people's congress at or above the county level shall be a permanent organ of that people's congress and shall be responsible and report on its work to it.

  Article 41 The standing committee of the people's congress of a province,autonomous region,municipality directly under the Central Government,autonomous prefecture,or city divided into districts shall be composed of a chairman,vice-chairmen,a secretary-general and members to be elected by the people's congress from among its deputies.

  The standing committee of a people's congress of a county,autonomous county,city not divided into districts,or municipal district shall be composed of a chairman,vice-chairmen and members by be elected by the people's congress from among its deputies.

  No one on the standing committee may hold office in an administrative,judicial or procuratorial organ of the state;if a member assumes any of the above-mentioned offices,he must resign from his post on the standing committee.

  The number of component members on the various standing committees shall be as follows:

  (1)35 to 65 members for those of provinces,autonomous regions,and municipalities directly under the Central Government and no more than 85 members for those of provinces with populations exceeding 80 million;

  (2)13 to 35 members for those of cities divided into districts and for autonomous prefectures and no more than 45 members for those of cities divided into districts with populations exceeding eight million;and

  (3)11 to 23 members for those of counties,autonomous counties,cities not divided into districts,and municipal districts and on more than 29 members for those of counties,autonomous counties,cities not divided into districts,and municipal districts with populations exceeding one million.

  The number of component members on the standing committee of the people's congress of a province,autonomous region and municipality directly under the Central Government shall,in accordance with the provisions of the preceding paragraph,be determined on the basis of the size of the local population by the people's congress of the province,autonomous region and municipality directly under the Central Government. The number of component members on the standing committee of the people's congress of an autonomous prefecture,county,autonomous county,city and municipal district shall,in accordance with the provisions of the preceding paragraph,be determined on the basis of the size of the local population by the standing committee of the people's congress of a province,autonomous region and municipality directly under the Central Government. After the number of component members on the standing of a people's congress is determined,it shall no longer be altered during the term of office of the current people's congress.

  Article 42 The standing committee of a local people's congress at or above the county level shall have the same term of office as that people's congress and shall exercise its functions and powers until a new standing committee is elected by the succeeding people's congress at the same level.

  Article 43 The standing committees of the people's congresses of provinces,autonomous regions,and municipalities directly under the Central Government may,when their respective people's congresses are not in session,formulate and promulgate local regulations in accordance with the specific conditions and actual needs of their respective administrative areas,provided that these regulations do not contravene the Constitution,the law and administrative rules and regulations;they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.

  The standing committees of the people's congresses of cities where the provincial and autonomous regional people's governments are located and the standing committees of the people's congresses of those relatively large cities with the approval of the State Council may,when their respective people's congresses are not in session,formulate local regulations in accordance with the specific conditions and actual needs of their respective cities,provided that these regulations do not contravene the Constitution,the law,administrative rules and regulations and the local regulations of the respective provinces and autonomous regions;they shall submit such local regulations to the standing committees of the people's congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record.

  Article 44 The standing committee of a local people's congress at or above the county level shall exercise the following functions and powers:

  (1)to ensure the observance and execution,in its administrative area,of the Constitution,the law,administrative rules and regulations and the resolutions of the people's congresses and their standing committees at higher levels;

  (2)to direct or conduct the election of deputies to its people's congress;

  (3)to convene sessions of its people's congress;

  (4)to discuss and decide on major issues in political,economic,cultural,educational,scientific,cultural,public health,protection of the environment and natural resources and civil and nationality affairs in its administrative area;

  (5)to decide,upon the recommendation of the people's government at the corresponding level,to make partial alterations in the plans for economic and social development and the budgets of its respective administrative area;

  (6)to supervise the work of the people's government,people's court and people's procuratorate at the corresponding level,to maintain contact with the deputies of its people's congress and to receive and handle accusations and complaints from the people against the above-mentioned organs and state functionaries;

  (7)to annul inappropriate resolutions of the people's congress and its standing committee at the next lower level;

  (8)to annul inappropriate decisions and orders of the people's government at the corresponding level;

  (9)to decide,when its people's congress is not in session,on the appointment or removal of individual deputy governors,vice-chairmen of the autonomous region,deputy mayors,deputy prefects and deputy heads of the county or district;when,for any reason,the governor,chairman of the autonomous region,mayor,prefect,or head of the county or district,president of the people's court or chief procurator of the people's procuratorate is unable to perform his duties,to choose a person from among the deputy heads of the people's governments,people's court or people's procuratorate at the corresponding level to act on his behalf;the choice of an acting chief procurator must be reported to the people's procuratorate and the standing committee of the people's congress at the next higher level for the record;

  (10)to decide,upon nomination by the governor,chairman of the autonomous region,mayor,prefect,or head of the county or district,on the appointment or removal of the secretary-general and the department and bureau directors, commission chairmen and section chiefs of the people's government at the corresponding level and to report such decisions to the people's government at the next higher level for the record;

  (11)to appoint or remove, in accordance with the provisions of the Organic Law of the People's Courts and the Organic Law of the People's Procuratorates, vice-presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people's courts, to appoint or remove deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates, and to approve the appointment or removal of the chief procurators of the people's procuratorates at the next lower level; the standing committee of the people's congress of a province, autonomous region, or municipality directly under the Central Government shall, upon nomination by its council of chairmen, decide on the appointment or removal of presidents of intermediate people's courts established in prefectures of provinces and autonomous regions or in municipalities directly under the Central Government and, upon nomination by the chief procurator of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government, decide on the appointment or removal of chief procurators of people's branch procuratorates.

  (12)to decide, when its people's congress is not in session, on the removal from office of individual deputy governors, vice-chairmen of the autonomous region, deputy mayors, deputy prefects and deputy heads of the county or district; to decide on the removal from office of personnel it has appointed among other members of the people's government, vice-presidents, chief judges and associate chief judges of divisions, members of the judicial committees and judges of the people's courts, deputy chief procurators, members of the procuratorial committees and procurators of the people's procuratorates, presidents of intermediate people's courts and chief procurators of people's branch procuratorates, all at the corresponding level.

  (13)to conduct a by-election, when its people's congress is not in session, in the event that a post of deputy to the people's congress at the next higher level becomes vacant and to remove from office individual deputies; and

  (14)to decide on the conferment of local titles of honour.

  Article 45 Meeting of a standing committee shall be convened by its chairman and held at least once every other month.

  Resolutions of a standing committee shall be adopted by a majority vote of all its members.

  Article 46 The council of chairmen of the standing committee of a local people's congress at or above the county level may submit to the standing committee of the people's congress at the corresponding level bills and proposals within the scope of the functions and powers of the standing committee, which shall be deliberated at the meeting of the standing committee.

  A local people's government at or above the county level or a special committee of the people's congress at the corresponding level may submit bills and proposals to its standing committee within its scope of functions and powers. The council of chairmen shall decide to refer them to a meeting of the standing committee for deliberation or to first refer them to relevant special committees for deliberation and reports before submitting them to a meeting of the standing committee for deliberation.

  Five or more standing committee members of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts, or three or more standing committee members of a people's congress at the county level, may jointly submit a bill or proposal to its standing committee within its scope of functions and powers. The council of chairmen shall decide whether to refer the bill or proposal to a meeting of the standing committee for deliberation or to first refer it to a relevant special committee for deliberation and a report before deciding on whether to submit it to a meeting of the standing committee for deliberation.

  Article 47 A group of five or more standing committee members of the people's congress of a province, autonomous prefecture, or a city divided into districts or a group of three or more standing committee members of a people's congress at the county level may, when the standing committee is in session, submit to the standing committee written proposals for addressing questions to the people's government, People's Court or People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves.

  The council of chairmen shall decide whether to refer the proposal to the organ addressed for an oral reply at the plenary meeting of the standing committee or at the meeting of a relevant special committee, or for a written reply. Where a reply is made at a meeting of the special committee, the component members of the standing committee who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions; when the council of chairmen considers it necessary, it may have the report on the reply printed and distributed to the session.

  If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the council of chairmen shall have it printed and distributed to the session or to the component members of the standing committee who address the questions.

  Article 48 The chairman, vice-chairmen and secretary-general of the standing committee of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall constitute its council of chairmen; the chairman and vice-chairmen of the standing committee of the people's congress of a county, autonomous county, city not divided into districts, or municipal district shall constitute its council of chairmen. The council of chairmen shall handle the important day-to-day work of its standing committee.

  Article 49 In the event that the chairman of a standing committee is unable to work due to feeble health or that his office falls vacant, the standing committee shall select one of the vice-chairmen to act on behalf of the chairman until he recovers his health or a new chairman is elected by the people's congress.

  Article 50 The standing committee of each local people's congress at or above the county level shall establish a credentials committee.

  Nominations for the chairman, vice-chairmen and members of a credentials committee shall be made by the council of chairmen of the standing committee from among the members of the standing committee and adopted at a meeting of the standing committee.

  Article 51 The credentials committee shall examine whether elections for deputies are conducted in conformity with the provisions prescribed by law.

  Article 52 The council of chairmen of a group of at least one-fifth of the component members of the standing committee may submit to the standing committee of the people's congress at the corresponding level a proposal for organizing an investigation committee on specific questions, which shall be submitted to the plenary meeting for decision.

  An investigation committee shall be composed of a chairman, vice-chairmen and members, who shall be nominated by the council of chairmen from among the component members of the standing committee and other deputies and be submitted to the plenary meeting for approval.

  The investigation committee shall present an investigation report to the standing committee of the people's congress at the corresponding level. And the standing committee may make an appropriate resolution on the basis of the report made by the investigation committee.

  Article 53 A standing committee may set up administrative offices and other working organs according to its needs in work.

  The standing committee of the people's congress of a province and autonomous region may set up administrative offices in the prefectures under its jurisdiction.

  Chapter IV Local People's Governments at Various Levels

  Article 54 Local people's governments at various levels shall be the executive organs of the local people's congresses at the corresponding levels; they shall be the local organs of state administration.

  Article 55 Local people's governments at various levels shall be responsible and report on their work to the people's congresses at the corresponding levels and to the state administrative organs at the next higher level. Local people's governments at and above the county level shall be responsible and report on their work to the standing committees of the people's congresses at the corresponding levels when the congresses are not in session.

  The local people's governments at various levels throughout the country shall be state administrative organs under the unified leadership of the State Council and shall be subordinate to it.

  The local people's governments at various levels must perform their administrative functions and powers in accordance with law.

  Article 56 The people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture or city divided into districts shall be respectively composed of the governor and deputy governors, the chairman and vice-chairmen of the autonomous region, the mayor and deputy mayors, or the prefect and deputy prefects, and additionally the secretary-general, department directors, bureau directors and commission chairmen.

  The people's government of a county, autonomous county, city not divided into districts, or municipal district shall be respectively composed of the head and deputy heads of the county, the mayor and deputy mayors, or the head and deputy heads of the district, and additionally the bureau directors and section chiefs.

  The people's government of a township or nationality township shall have a township head and deputy heads. The head of a nationality township shall be a citizen of the minority nationality that establishes the nationality township. The head of a nationality township shall be a citizen of the minority nationality that establishes the nationality township. The people's government of a town shall have a town head and deputy heads.

  Article 57 After leading persons of a new people's government are elected according to law, they shall, within two months, request to the standing committee of the people's congress at the corresponding level to appoint the secretary-general of the people's government, department directors, bureau directors, commission chairmen and section chiefs.

  Article 58 The term of office of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's governments of townships, nationality townships, and towns shall be three years.

  Article 59 A local people's government at or above the county level shall exercise the following functions and powers:

  (1)to implement the resolutions of the people's congress and its standing committee at the corresponding level as well as decisions and orders of state administrative organs at higher levels, to formulate administrative measures and to issue decisions and orders;

  (2)to direct the work of its subordinate departments and of the people's governments at lower levels;

  (3)to alter or annul inappropriate orders and directives of its subordinate departments and inappropriate decisions and orders of the people's governments at lower levels;

  (4)to appoint or remove personnel in state administrative organs, train them, appraise their performance and award or punish them according to the provisions of the law;

  (5)to implement the plan for national economic and social development and the budget, and conduct administrative work concerning the economy, education, science, culture, public health, physical culture, protection of the environment and natural resources, urban and rural development, finance, civil affairs, public security, nationality affairs, judicial administration, supervision and family planning within its administrative area;

  (6)to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property and to maintain public order and safeguard citizens' rights of the person and their democratic and other rights;

  (7)to protect the legitimate rights and interests of various economic organizations;

  (8)to safeguard the rights of minority nationalities and respect their folkways and customs, assist those areas where minority nationalities live in concentrated communities within its sphere of jurisdiction to exercise regional autonomy in accordance with the Constitution and the law and assist the various minority nationalities in their political economic and cultural development;

  (9)to safeguard women's rights as endowed by the Constitution and the law, such as equality with men, equal pay for equal work and freedom of marriage; and

  (10)to handle other matters assigned by state administrative organs at higher levels.

  Article 60 The people's government of a province, autonomous region or municipality directly under the Central Government may formulate rules I accordance with laws, administrative rules and regulations as well as the local regulations of the province, autonomous region or municipality directly under the Central Government, and report them to the State Council and the standing committee of the people's congress at the corresponding level for the record. The people's government of a city where a provincial or autonomous regional people's government is located, or of a relatively large city, approved as such by the State Council, may formulate rules in accordance with laws, administrative rules and regulations as well as the local regulations of the province or autonomous region, and report them to the State Council, the standing committee of the people's congress and the people's government of the province or autonomous region, and the standing committee of the people's congress at the corresponding level for the record.

  Rules to be formulated in accordance with the provisions of the preceding paragraph must be discussed and decided by the executive meeting or the plenary meeting of the people's government at the corresponding level.

  Article 61 The people's government of a township, nationality township, or town shall exercise the following functions and powers:

  (1)to implement the resolutions of the people's congress at the corresponding level and the decisions and orders of state administrative organs at higher levels and to issue decisions and orders;

  (2)to implement the plan for economic and social development and the budget of its administrative area and conduct administrative work concerning the economy, education, science, culture, public health, physical culture, finance, civil affairs, public security, judicial administration and family planning in its administrative area;

  (3)to protect the socialist property owned by the whole people, property owned collectively by working people and citizens' legitimate private property and to maintain public order and safeguard citizens' rights of the person and their democratic and other rights;

  (4)to protect the legitimate rights and interests of various economic organizations;

  (5)to safeguard the rights of minority nationalities and respect their folkways and customs;

  (6)to safeguard women's rights as endowed by the Constitution and the law, such as equality with men, equal pay for equal work and freedom of marriage; and

  (7)to handle other matters assigned by the people's governments at higher levels.

  Article 62 Overall responsibility for the work of local people's governments at various levels shall be assumed respectively by governors, chairmen of autonomous regions, mayors, prefects, and heads of counties, districts, townships and towns.

  The governors, chairmen of autonomous regions, mayors, prefects and heads of counties, districts, townships and towns shall direct the work of their local people's governments at the corresponding levels.

  Article 63 Meetings of a local people's government at or above the county level shall consist of plenary meetings and executive meetings. The plenary meetings shall be attended by all the members of that people's government. The executive meetings of the people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall be attended, respectively, by the governor and deputy governors, chairman and vice-chairmen of the autonomous region, mayor and deputy mayors or prefect and deputy prefects, and additionally the secretaries-general. The executive meetings of the people's government of a county, autonomous county, city not divided into districts, or municipal district shall be attended, respectively, by the head and deputy heads of the county, mayor and deputy mayors or head and deputy heads of the district. The governor, chairman of the autonomous region, mayor, prefect, or head of the county or district shall convene and preside over the plenary meetings and executive meetings of the people's government at the corresponding level. Important issues in government work must be discussed and decided at the executive meetings or plenary meetings of the respective government.

  Article 64 Local people's governments at various levels shall establish necessary working offices in accordance with work requirements and the principle of compact and efficient organization.

  Auditing bodies shall be established by local people's governments at or above the county level. Local auditing bodies at various levels shall independently exercise their power of supervision through auditing in accordance with the law and shall be responsible to the people's governments at the corresponding levels and to the auditing body at the next higher level.

  The establishment, increase, reduction or amalgamation of such working offices as departments, bureaus and commissions under people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be reported by the respective people's governments to the State Council for approval and to the standing committees of the people's congresses at the corresponding levels for the record.

  The establishment, increase, reduction or amalgamation of such working offices as bureaus and sections under people's governments of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be reported by the respective people's governments to the people's governments at the next higher level for approval and to the standing committees of the people's congresses at the corresponding levels for the record.

  Article 65 Each department, bureau, commission and section shall have a department director, bureau director, commission chairman and section chief, respectively, and may have deputies to those positions when necessary.

  A general office shall have a director and, when necessary, deputy directors.

  The people's government of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or city divided into districts shall have a secretary-general and deputy secretaries-general.

  Article 66 The working offices of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be under the unified leadership of the respective people's governments as well as the operational guidance or leadership of the competent departments of the State Council in accordance with law or the provisions of administrative rules and regulations.

  The working offices of the people's governments of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be under the unified leadership of the respective people's governments as well as the operational guidance or leadership of the competent departments of the people's governments at higher levels in accordance with law or the provisions of administrative rules and regulations.

  Article 67 The people's governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall assist in the work of the state organs, enterprises and institutions that are located in their respective administrative areas but not under their jurisdiction, and shall supervise them in the observance and implementation of laws and policies.

  Article 68 When necessary and with the approval of the State Council, the people's government of a province or autonomous region may establish certain agencies.

  When necessary and with the approval of the people's government of a province, autonomous region, or municipality directly under the Central Government, the people's government of a county or autonomous county may establish district offices as its agencies.

  With the approval of the people's government at the next higher level, the people's government of a municipal district or city not divided into districts may establish neighbourhood offices as its agencies.

  Chapter V Supplementary Provisions

  Article 69 The people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government and their standing committees may, in accordance with this Law and the actual situations, formulate specific provisions concerning problems that occur in the course of implementing this law.

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