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2017 NPC & CPPCC Sessions > About

How does the NPC relate to other state organs?

Editor: zhenglimin 丨china.org.cn

02-28-2017 19:45 BJT

The National People's Congress represents the highest level of state power.

The State Council represents the highest level of state administration. The Supreme People's Court is the highest level of the judiciary. The Supreme People's Procuratorate is the highest organ of supervision by the state of such matters as corruption, citizens' rights, the judicial process, criminal investigation, the prisons and so on.

The State Council, the Supreme People's Court and the Supreme People's Procuratorate are all created by, are responsible to and report to the National People's Congress.

To summarize the relationships, the NPC makes the key decisions, which are then put into effect by executive bodies under the overall supervision of the NPC.

The NPC has far-reaching powers that go way beyond those of other state bodies. It has powers to:

amend the Constitution;

supervise the enforcement of the Constitution;

enact and amend the basic laws of the country;

decide the composition of the NPC Standing Committee;

elect and dismiss the President and Vice President of the state;

decide the composition of the State Council;

decide the composition of the Central Military Commission;

elect and dismiss the President of the Supreme People's Court;

elect and dismiss the Procurator-General of the Supreme People's Procuratorate;

decide major issues of state;

supervise the organs of state.

The President and Vice President of the People's Republic of China are elected by the National People's Congress. Like members of the NPC itself they serve for a term of five years and may not serve for more than two consecutive terms.

The President of the People's Republic of China proceeds in accordance with the decisions of the NPC and its Standing Committee, which confer on him the executive authority to:

promulgate statutes;

appoint or remove the Premier, Vice Premiers, State Councilors, Ministers in charge of ministries and commissions, the Auditor-General and Secretary-General of the State Council;

confer state medals and honorary titles;

issues orders granting a special pardon;

proclaim martial law or a state of war and issue mobilization orders.

The President receives foreign diplomatic representatives on behalf of the People's Republic of China. Acting in pursuance of the decisions of the NPC Standing Committee, the President appoints or recalls Ambassadors, ratifies or cancels treaties and other state agreements.

The Central People's Government of the People's Republic of China, more usually known as the State Council, is the top executive body and is responsible for state administration.

The State Council is composed of the Premier, Vice Premiers, State Councilors, Ministers in charge of ministries and commissions, the Auditor-General and the Secretary-General. It is under the leadership of the Premier.

The State Council is responsible to and reports to the National People's Congress or to its Standing Committee when the NPC itself is not in session. The term of office for service on the State Council is the same as that for the NPC and the Premier, Vice-Premiers and State Councilors can serve no more than two consecutive terms.

The Central Military Commission heads the nation's armed forces. It is led by a Chair supported by Vice-Chairs together with other commission members. All serve terms of office following the NPC pattern. The Chair of the Central Military Commission is responsible to the National People's Congress and its Standing Committee.

The people's courts are the judicial organs of the state. The Supreme People's Court, the highest state judicial organ, is responsible to and reports to the NPC and its Standing Committee. The President of the Supreme People's Court serves a term of five years with no more than two consecutive terms.

The People's Procuratorates are the state organs of legal supervision. The Supreme People's Procuratorate, the highest state organ of legal supervision, is responsible to and reports to the NPC and its Standing Committee. The Procurator-General of the Supreme People's Procuratorate serves a term of five years with no more than two consecutive terms.

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