People’s Republic of China 1982 Constitution (reviewed 2018) - Page 4 of 5

Table of Contents

CHAPTER III. THE STRUCTURE OF THE STATE

Section 1. The National People’s Congress

Article 57

The National People’s Congress of the People’s Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People’s Congress.

Article 58

The National People’s Congress and its Standing Committee exercise the legislative power of the state.

Article 59

The National People’s Congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under the Central Government, and the special administrative regions, and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation.

Election of deputies to the National People’s Congress is conducted by the Standing Committee of the National People’s Congress.

The number of deputies to the National People’s Congress and the manner of their election are prescribed by law.

Article 60

The National People’s Congress is elected for a term of five years.

Two months before the expiration of the term of office of a National People’s Congress, its Standing Committee must ensure that the election of deputies to the succeeding National People’s Congress is completed. Should exceptional circumstances prevent such an election, it may be postponed by decision of a majority vote of more than two-thirds of all those on the Standing Committee of the incumbent National People’s Congress, and the term of office of the incumbent National People’s Congress may be extended. The election of deputies to the succeeding National People’s Congress must be completed within one year after the termination of such exceptional circumstances.

Article 61

The National People’s Congress meets in session once a year and is convened by its Standing Committee. A session of the National People’s Congress may be convened at any time the Standing Committee deems this necessary, or when more than one-fifth of the deputies to the National People’s Congress so propose.

When the National People’s Congress meets, it elects a presidium to conduct its session.

Article 62

The National People’s Congress exercises the following functions and powers:

To amend the Constitution;
To supervise the enforcement of the Constitution;
To enact and amend basic statutes concerning criminal offenses, civil affairs, the state organs and other matters;
To elect the President and the Vice-President of the People’s Republic of China;
To decide on the choice of the Premier of the State Council upon nomination by the President of the People’s Republic of China, and to decide on the choice of the Vice-Premiers, State Councilors, Ministers in charge of Ministries or Commissions and the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier;
To elect the Chairman of the Central Military Commission and, upon his nomination, to decide on the choice of the other members of the Central Military Commission;
To elect the minister of the State Committee of Supervisory
To elect the President of the Supreme People’s Court;
To elect the Procurator-General of the Supreme People’s Procuratorate;
To examine and approve the plan for national economic and social development and the reports on its implementation;
To examine and approve the state budget and the report on its implementation;
To alter or annul inappropriate decisions of the Standing Committee of the National People’s Congress;
To approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government;
To decide on the establishment of special administrative regions and the systems to be instituted there;
To decide on questions of war and peace; and
To exercise such other functions and powers as the highest organ of state power should exercise.

Article 63

The National People’s Congress has the power to recall or remove from office the following persons:

The President and the Vice-President of the People’s Republic of China;
The Premier, Vice-Premiers, State Councilors, Ministers in charge of Ministries or Commissions and the Auditor-General and the Secretary-General of the State Council;
The Chairman of the Central Military Commission and others on the commission;
The minister of the State Committee of Supervisory
The President of the Supreme People’s Court; and
The Procurator-General of the Supreme People’s Procuratorate.

Article 64

Amendments to the Constitution are to be proposed by the Standing Committee of the National People’s Congress or by more than one-fifth of the deputies to the National People’s Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress.

Statutes and resolutions are adopted by a majority vote of more than one-half of all the deputies to the National People’s Congress.

Article 65

The Standing Committee of the National People’s Congress is composed of the following: the Chairman, the Vice-Chairmen, the Secretary-General and Members.

Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People’s Congress.

The National People’s Congress elects, and has the power to recall, all those on its Standing Committee.

No member of the Standing Committee of the National People’s Congress shall hold office in any state administrative, supervisory, judicial, or procuratorial organ.

Article 66

The Standing Committee of the National People’s Congress is elected for the same term as the National People’s Congress; it exercises its functions and powers until a new Standing Committee is elected by the succeeding National People’s Congress.

The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms.

Article 67

The Standing Committee of the National People’s Congress exercises the following functions and powers:

To interpret the Constitution and supervise its enforcement;
To enact and amend statutes with the exception of those which should be enacted by the National People’s Congress;
To enact, when the National People’s Congress is not in session, partial supplements and amendments to statutes enacted by the National People’s Congress; provided that they do not contravene the basic principles of these statutes;
To interpret statutes;
To examine and approve, when the National People’s Congress is not in session, partial adjustments to the plan for national economic and social development and to the state budget that prove necessary in the course of their implementation;
To supervise the affairs of the State Council, the Central Military Commission, the State Committee of Supervisory, the Supreme People’s Court, and the Supreme People’s Procuratorate;
To annul those administrative rules and regulations, decisions or orders of the State Council that contravene the Constitution or the statutes;
To annul those local regulations or decisions of the organs of state power of provinces, autonomous regions and municipalities directly under the Central Government that contravene the Constitution, the statutes or the administrative rules and regulations;
To decide, when the National People’s Congress is not in session, on the choice of Ministers in charge of Ministries or Commissions or the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier of the State Council;
To decide, upon nomination by the Chairman of the Central Military Commission, on the choice of others on the commission, when the National People’s Congress is not in session;
To appoint or remove, at the recommendation of the minister of the State Committee of Supervisory, a vice minister or a member of the State Committee of Supervisory
To appoint and remove the Vice-Presidents and judges of the Supreme People’s Court, members of its Judicial Committee and the President of the Military Court at the suggestion of the President of the Supreme People’s Court;
To appoint and remove the Deputy Procurators-General and procurators of the Supreme People’s Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military Procuratorate at the request of the Procurator-General of the Supreme People’s Procuratorate, and to approve the appointment and removal of the chief procurators of the people’s procuratorates of provinces, autonomous regions and municipalities directly under the Central Government;
To decide on the appointment and recall of plenipotentiary representatives abroad;
To decide on the ratification and abrogation of treaties and important agreements concluded with foreign states;
To institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;
To institute state medals and titles of honor and decide on their conferment;
To decide on the granting of special pardons;
To decide, when the National People’s Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression;
To decide on general mobilization or partial mobilization;
To decide on entering the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government; and
To exercise such other functions and powers as the National People’s Congress may assign to it.

Article 68

The Chairman of the Standing Committee of the National People’s Congress presides over the work of the Standing Committee and convenes its meetings. The Vice-Chairmen and the Secretary-General assist the Chairman in his work.

Chairmanship meetings with the participation of the Chairman, Vice-Chairmen and Secretary-General handle the important day-to-day work of the Standing Committee of the National People’s Congress.

Article 69

The Standing Committee of the National People’s Congress is responsible to the National People’s Congress and reports on its work to the Congress.

Article 70

The National People’s Congress establishes a Minority Affairs Committee, a Constitution and Law Committee, an Economics and Finance Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and other special committees as necessary. These special committees work under the direction of the Standing Committee of the National People’s Congress when the Congress is not in session.

The special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the National People’s Congress and its Standing Committee.

Article 71

The National People’s Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports.

All organs of state, public organizations and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations.

Article 72

Deputies to the National People’s Congress and all those on its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the National People’s Congress and its Standing Committee.

Article 73

Deputies to the National People’s Congress during its sessions, and all those on its Standing Committee during its meetings, have the right to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.

Article 74

No deputy to the National People’s Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People’s Congress or, when the National People’s Congress is not in session, without the consent of its Standing Committee.

Article 75

Deputies to the National People’s Congress may not be called to legal account for their speeches or votes at its meetings.

Article 76

Deputies to the National People’s Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in production and other work and their public activities, assist in the enforcement of the Constitution and the law.

Deputies to the National People’s Congress should maintain close contact with the units and people which elected them, listen to and convey their opinions and demands and work hard to serve them.

Article 77

Deputies to the National People’s Congress are subject to the supervision of the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall the deputies whom they elected.

Article 78

The organization and working procedures of the National People’s Congress and its Standing Committee are prescribed by law.

Section 2. The President of the People’s Republic of China

Article 79

The President and Vice-President of the People’s Republic of China are elected by the National People’s Congress.

Citizens of the People’s Republic of China who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as President or Vice-President of the People’s Republic of China.

The terms of office for the President and Vice-President of the People’s Republic of China are the same as those of deputies to the National People’s Congress.

Article 80

The President of the People’s Republic of China, in pursuance of decisions of the National People’s Congress and its Standing Committee, promulgates statutes; appoints and removes the Premier, Vice-Premiers, State Councilors, Ministers in charge of Ministries or Commissions, and the Auditor-General and the Secretary-General of the State Council; confers state medals and titles of honor; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders.

Article 81

The President of the People’s Republic of China, on behalf of the People’s Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives and, in pursuance of decisions of the Standing Committee of the National People’s Congress, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements concluded with foreign states.

Article 82

The Vice-President of the People’s Republic of China assists the President in his work.

The Vice-President of the People’s Republic of China may exercise such parts of the functions and powers of the President as the President may entrust to him.

Article 83

The President and Vice-President of the People’s Republic of China exercise their functions and powers until the new President and Vice-President elected by the succeeding National People’s Congress assume office.

Article 84

In case the office of the President of the People’s Republic of China falls vacant, the Vice-President succeeds to the office of President.

In case the office of the Vice-President of the People’s Republic of China falls vacant, the National People’s Congress shall elect a new Vice-President to fill the vacancy.

In the event that the offices of both the President and the Vice-President of the People’s Republic of China fall vacant, the National People’s Congress shall elect a new President and a new Vice-President. Prior to such election, the Chairman of the Standing Committee of the National People’s Congress shall temporarily act as the President of the People’s Republic of China.

Section 3. The State Council

Article 85

The State Council, that is, the Central People’s Government of the People’s Republic of China, is the executive body of the highest organ of state power; it is the highest organ of state administration.

Article 86

The State Council is composed of the following: the Premier, the Vice-Premiers, the State Councilors, the ministers in charge of ministries, the ministers in charge of commissions, the Auditor-General, and the Secretary-General.

The Premier has overall responsibility for the State Council.

The ministers have overall responsibility for the respective ministries or commissions under their charge. The organization of the State Council is prescribed by law.

Article 87

The term of office of the State Council is the same as that of the National People’s Congress.

The Premier, Vice-Premiers and State Councilors shall serve no more than two consecutive terms.

Article 88

The Premier directs the work of the State Council. The Vice-Premiers and State Councilors assist the Premier in his work.

Executive meetings of the State Council are composed of the Premier, the Vice-Premiers, the State Councilors and the Secretary-General of the State Council.

The Premier convenes and presides over the executive meetings and plenary meetings of the State Council.

Article 89

The State Council exercises the following functions and powers:

To adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the statutes;
To submit proposals to the National People’s Congress or its Standing Committee;
To lay down 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 to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;
To exercise unified leadership over the work of local organs of state administration at different levels throughout the country, and to lay down 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;
To draw up and implement the plan for national economic and social development and the state budget;
To direct and administer economic affairs, urban and rural construction and ecological civilization construction;
To direct and administer the work concerning education, science, culture, public health, physical culture and family planning;
To direct and administer civil affairs, public security, judicial administration, and other related matters;
To conduct foreign affairs and conclude treaties and agreements with foreign states;
To direct and administer the building of national defense;
To direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right of autonomy of the national autonomous areas;
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;
To alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions;
To alter or annul inappropriate decisions and orders issued by local organs of state administration at different levels;
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;
In accordance with the provisions of law, to decide on entering the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the Central Government;
To examine and decide on the size of administrative organs and, in accordance with the law, to appoint, remove and train administrative officers, appraise their work and reward or punish them; and
To exercise such other functions and powers as the National People’s Congress or its Standing Committee may assign it.

Article 90

The ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and convene and preside over their ministerial meetings or commission meetings that discuss and decide on major issues in the work of their respective departments.

The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the statutes 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 different levels, and those of the state financial and monetary organizations and of enterprises and undertakings.

Under the direction of the Premier of the State Council, the auditing body independently exercises its power to supervise through auditing in accordance with the law, subject to no interference by any other administrative organ or 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 4. 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 members.

The Chairman of the Central Military Commission has overall responsibility for the commission.

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

Article 94

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

Section 5. The Local People’s Congress and the Local People’s Governments at Different 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 different 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 different 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 different levels and the manner of their election are prescribed by law.

Article 98

The term of office of the local people’s congresses at various levels is five years.

Article 99

Local people’s congresses at different levels ensure the observance and implementation of the Constitution, the statutes 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 resolutions and examine and decide on plans for local economic and cultural development and for development of public services.

Local people’s congresses at and above the county level examine and approve the plans for economic and social development and the budgets of their respective administrative areas, and examine and approve reports on their implementation. They have the power to alter or annul 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 peculiarities 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, the statutes and the administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the National People’s Congress for the record.

The people’s congresses and standing committees of cities divided into districts may draft local regulations, provided these regulations do not contravene the Constitution, laws, administrative regulations, and local regulations of the corresponding provinces or autonomous regions, and that such local regulations are filed with the standing committees of the people’s congresses of the corresponding provinces or autonomous regions.

Article 101

At their respective levels, local people’s congresses elect, and have the power to recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns.

Local people’s congresses at or above the county level elect and have the power to recall ministers of the supervisory committee, presidents of the people’s courts and chief procurators of the people’s procuratorates at the corresponding level. The election or recall of chief procurators of people’s procuratorates shall be reported to the chief procurators of the people’s procuratorates at the next higher level for submission to the standing committees of the people’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 different levels have the power, according to procedures prescribed by law, to recall deputies whom they elected.

Article 103

The standing committee of a local people’s congress at and above the county level is composed of a chairman, vice-chairmen and members, and is responsible, and reports on its work, to the people’s congress at the corresponding level.

The local people’s congress at and above the county level elects, and has the power to recall, anyone on the standing committee of the people’s congress at the corresponding level.

No member of the standing committee of a local people’s congress at or above the county level shall hold concurrent office in any state administrative, supervisory, judicial, or procuratorial organ.

Article 104

The standing committee of a local people’s congress at and above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the tasks of the people’s government, the supervisory committee, the people’s court, and the people’s procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people’s government at the corresponding level; annuls inappropriate resolutions of the people’s congress at the next lower level; decides on the appointment and removal of functionaries of state organs within its jurisdiction as prescribed by law; and, when the people’s congress at the corresponding level is not in session, recalls individual deputies to the people’s congress at the next higher level and elects individual deputies to fill vacancies in that people’s congress.

Article 105

Local people’s governments at different levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding level.

Local people’s governments at different levels practice the system of overall responsibility by governors, mayors, county heads, district heads, township heads and town heads.

Article 106

The term of office of local people’s governments at different levels is the same as that of the people’s congresses at the corresponding level.

Article 107

Within the range of their authority as prescribed by law, local people’s governments at or above the county level carry out administrative tasks related to the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civic affairs, law enforcement, minority affairs, administration of justice, and family planning in their respective jurisdictions, as well as issue decisions and orders and carry out the appointment, training, appraisal, commendation, sanction, and removal of administrative officials.

People’s governments of townships, nationality townships and towns carry out the resolutions of the people’s congress at the corresponding level as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas.

People’s governments of provinces and municipalities directly under the Central Government decide on the establishment and geographic division of townships, nationality townships and towns.

Article 108

Local people’s governments at and above the county level direct the work of their subordinate departments and of people’s governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and people’s governments at lower levels.

Article 109

Auditing bodies are established by local people’s governments at and above the county level. Local auditing bodies at different levels independently exercise their power to supervise through auditing in accordance with the law and are responsible to the people’s government at the corresponding level and to the auditing body at the next higher level.

Article 110

Local people’s governments at different levels are responsible, and report on their work, to people’s congresses at the corresponding level. Local people’s governments at and above the county level are responsible, and report on their work, to the standing committee of the people’s congress at the corresponding level when the congress is not in session.

Local people’s governments at different levels are responsible, and report on their work, to the state administrative organs at the next higher level. Local people’s governments at different levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to it.

Article 111

The residents’ committees and villagers’ committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. The chairman, vice-chairmen and members of each residents’ or villagers’ committee are elected by the residents. The relationship between the residents’ and villagers’ committees and the grass-roots organs of state power is prescribed by law.

The residents’ and villagers’ committees establish committees for people’s mediation, public security, public health and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents’ opinions and demands and make suggestions to the people’s government.

Section 6. The Organs of Self-Government of National Autonomous Areas

Article 112

The organs of self-government of national autonomous areas are the people’s congresses and people’s governments of autonomous regions, autonomous prefectures and autonomous counties.

Article 113

In the people’s congress of an autonomous region, prefecture or county, in addition to the deputies of the nationality or nationalities exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.

The chairmanship and vice-chairmenships of the standing committee of the people’s congress of an autonomous region, prefecture or county shall include a citizen or citizens of the nationality or nationalities exercising regional autonomy in the area concerned.

Article 114

The administrative head of an autonomous region, prefecture or county shall be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned.

Article 115

The organs of self-government of autonomous regions, prefectures and counties exercise the functions and powers of local organs of state as specified in Section V of Chapter III of the Constitution. At the same time, they exercise the right of autonomy within the limits of their authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation.

Article 116

People’s congresses of national autonomous areas have the power to enact autonomy regulations and specific regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The autonomy regulations and specific regulations of autonomous regions shall be submitted to the Standing Committee of the National People’s Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people’s congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People’s Congress for the record.

Article 117

The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used independently by the organs of self-government of those areas.

Article 118

The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans. In developing natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas.

Article 119

The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas, sort out and protect the cultural legacy of the nationalities and work for the development and prosperity of their cultures.

Article 120

The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and concrete local needs and with the approval of the State Council, organize local public security forces for the maintenance of public order.

Article 121

In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the autonomy regulations of the respective areas, employ the spoken and written language or languages in common use in the locality.

Article 122

The state gives financial, material and technical assistance to the minority nationalities to accelerate their economic and cultural development.

The state helps the national autonomous areas train large numbers of cadres at different levels and specialized personnel and skilled workers of different professions and trades from among the nationality or nationalities in those areas.

Section 7

The Supervisory Committees

Article 123

The supervisory committees at all levels of the People’s Republic of China are supervisory organs of the state.

Article 124

The People’s Republic of China establishes a State Committee of Supervisory and local supervisory committees at all levels.

A supervisory committee is composed as follows: the minister, several vice ministers, several members.

The term of office of the minister of a supervisory committee is the same as those of the deputies to the people’s congress at the same level. The Minister of the State Committee of Supervisory shall serve no more than two consecutive terms.

The organization and functions and powers of a supervisory committee are dictated by law.

Article 125

The State Committee of Supervisory of the People’s Republic of China is the highest supervisory organ.

The State Committee of Supervisory directs the work of local supervisory committees at all levels. Higher level supervisory committees direct the work of lower level supervisory committees.

Article 126

The State Committee of Supervisory is responsible to the National People’s Congress and the Standing Committee of the National People’s Congress. Local supervisory committees at all levels are responsible to the state authorities which formed them as well as to higher level supervisory committees.

Article 127

Supervisory committees exercise judicial authority independently, in accordance with the law, and are not subject to interference from any administrative institution, public organization, or individual.

When handling cases of illegal or criminal acts by taking advantage of duty, supervisory organs shall cooperate with judicial, procuratorial, and law enforcement organs and keep tabs on each other.

Section 8. The People’s Courts and the People’s Procuratorates

Article 128

The people’s courts in the People’s Republic of China are the judicial organs of the state.

Article 129

The People’s Republic of China establishes the Supreme People’s Court and the local people’s courts at different levels, military courts and other special people’s courts.

The term of office of the President of the Supreme People’s Court is the same as that of the National People’s Congress; he shall serve no more than two consecutive terms.

The organization of people’s courts is prescribed by law.

Article 130

All cases handled by the people’s courts, except for those involving special circumstances as specified by law, shall be heard in public. The accused has the right of defense.

Article 131

The people’s courts shall, in accordance with the law, exercise judicial power independently and are not subject to interference by administrative organs, public organizations or individuals.

Article 132

The Supreme People’s Court is the highest judicial organ.

The Supreme People’s Court supervises the administration of justice by the local people’s courts at different levels and by the special people’s courts; people’s courts at higher levels supervise the administration of justice by those at lower levels.

Article 133

The Supreme People’s Court is responsible to the National People’s Congress and its Standing Committee. Local people’s courts at different levels are responsible to the organs of state power which created them.

Article 134

The people’s procuratorates of the People’s Republic of China are state organs for legal supervision.

Article 135

The People’s Republic of China establishes the Supreme People’s Procuratorate and the local people’s procuratorates at different levels, military procuratorates and other special people’s procuratorates.

The term of office of the Procurator-General of the Supreme People’s Procuratorate is the same as that of the National People’s Congress; he shall serve no more than two consecutive terms.

The organization of people’s procuratorates is prescribed by law.

Article 136

People’s procuratorates shall, in accordance with the law, exercise procuratorial power independently and are not subject to interference by administrative organs, public organizations or individuals.

Article 137

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

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

Article 138

The Supreme People’s Procuratorate is responsible to the National People’s Congress and its Standing Committee. Local people’s procuratorates at different levels are responsible to the organs of state power at the corresponding levels which created them and to the people’s procuratorates at the higher level.

Article 139

Citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. The people’s courts and people’s procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages in common use in the locality.

In an area where people of a minority nationality live in a compact community or where a number of nationalities live together, hearings should be conducted in the language or languages in common use in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages in common use in the locality.

Article 140

The people’s courts, people’s procuratorates and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure correct and effective enforcement of law.