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| State System |
| 日期:2003-06-26 10:27 編輯: system 來源： |
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The people's congress system is China'a fundamental political system.
National People’s Congress
National People’s Congress represents the supreme power of China, with its power divided into four aspects, including legislation, patronage, decision and supervision.
I. State Legislation
National People’s Congress is empowered to revise Constitution, formulate and revise other fundamental laws concerning crime, civil case, and state organs.
II. The power to elect, decide, and dismiss the members and leaders of supreme state organs. National People’s Congress is empowered to elect the members of its standing committee, President and Vice-president of PRC, to decide the candidates for Premier, deputy Premier, state commissioners, ministers, directors of committees, Auditing Chief, and Secretariat, to elect Chairman of Central Military Commission of CPC, to decide the candidates of other members of Central Military Commission of CPC, to elect chief leader of Supreme People's Court and chief prosecutor of Supreme People’s Procuratorate. Besides, National People’s Congress has the power to dismiss the members of the supreme state organs elected and decided by it.
III. The power to make decision on important issues of the state:
National People’s Congress is empowered to audit and approve the report concerning the performance of the plan of national economy and social development; to audit and approve the report concerning the performance of the budget of the state; to approve the system establishment of provinces, autonomous regions, and municipality under direct control of the central government; to decide the establishment and its system of the special administrative region (SAR); to decide the issues related to peace and war; and to undertake other powers which should be carried out by the state supreme organs.
IV. The power to supervise other state supreme organs:
National People’s Congress supervises the execution of Constitution. According to Constitution, National People’s Congress should establish State Council, Supreme People’s Court and Supreme People’s Procuratorate, which are responsible for it and supervised by it as well. The supervision power of National People’s Congress represents that people supervise the government and other state organs, which guarantee the normal operation of the state organs, and serves as an essential condition for handling affairs according to law.
According to the current Constitutions and related laws, National People’s Congress holds its conference annually in the first quarter of every year, and convened by its standing committee. The tenure of National People’s Congress is five years.
The standing committee of National People’s Congress represents the superior state power organ and the permanent legislative organ. It undertakes the superior state power and the legislative power during the close period of National People’s Congress. The members of the standing committee are not allowed to assume the headship of national administrative organ, trial organs, and prosecution organs, which will be beneficial to the supervision to the organs mentioned above.
The standing committee of National People’s Congress is entitled to explain Constitutions and supervise the execution of it. It formulates and revises the laws other than those instituted by National People’s Congress. During the close period of National People’s Congress, it amends and explains the laws formulated by National People’s Congress.
Different special committees of National People’s Congress represent the permanent working structure of National People’s Congress. During the conference, their major work is concerned with research, deliberation, and drafting of related proposals. During the close period, they are under the leadership of the standing committee of National People’s Congress.
State Council
The State Council of the People's Republic of China, namely the Central People's Government, is the highest executive organ of State power, as well as the highest organ of State administration. The State Council is composed of a premier, vice-premiers, State councillors, ministers in charge of ministries and commissions, the auditor-general and the secretary-general. The premier of the State Council is nominated by the president, reviewed by the NPC, and appointed and removed by the president. Other members of the State Council are nominated by the premier, reviewed by the NPC or its Standing Committee, and appointed and removed by the president. In the State Council, a single term of each office is five years, and incumbents cannot be reappointed after two successive terms.
The State Council follows the system of premier responsibility in work while various ministries and commissions under the State Council follow the system of ministerial responsibility. In dealing with foreign affairs, State councillors can conduct important activities on behalf the premier after being entrusted by the premier of the State Council. The auditor-general is the head of the State Auditing Administration, in charge of auditing and supervising State finances . The secretary-general, under the premier, is responsible for the day-to-day work of the State Council and is in charge of the general office of the State Council.
The State Council is responsible for carrying out the principles and policies of the Communist Party of China as well as the regulations and laws adopted by the NPC, and dealing with such affairs as China's internal politics, diplomacy, national defense, finance, economy, culture and education.
Under the current Constitution, the State Council exercises the power of administrative legislation, the power to submit proposals, the power of administrative leadership, the power of economic management, the power of diplomatic administration, the power of social administration, and other powers granted by the NPC and its Standing Committee.
President of PRC
The President is the chief leader of People’s Republic of China, also the supreme representative of China concerning with foreign and domestic affairs. President is an independent state organ, as an important constitutional part of the state organ.
According to international convention, similar to most of the state chiefs, President of PRC is empowered to announce law, to represent supreme foreign affairs and supreme honor and celebration. Current Constitutions prescribed the powers of the President, including the power to announce laws passed by National People’s Congress, the power to appoint and dismiss members of State Council, the power to award national metals and honor titles to citizens according to the decision of National People’s Congress and its standing committee, to release the order of amnesty and martial enforcement, to announce war situation, to declare mobilization order, to represent PRC to receive the letter of credence presented by foreign employs, to delegate and recall full-fledged members stationed outside PRC, to approve and abolish the treaties and important agreements concluded with foreign countries.
The Chinese system of state chief leader is a system of collective leadership. The President of the state is subject to National People’s Congress, directly receive order from the supreme power organ of the state.
Central Military Commission
Central Military Commission represents the supreme military leadership of PRC, leading and captaining the armed force of the whole country.
National People’s Congress elects the president of Central Military Commission. Also, National People’s Congress and its standing committee decide the candidates of other members of the commission based on the nomination of Central Military Commission. Central Military Commission practices the system of presidential responsibility, with the president responsible for National People’s Congress, and the right to make final decision on issues within the power of Central Military Commission.
People’s Liberation Army of China establishes General Political Department, General Consultants Department, General Logistics Department, and General Equipment Department.
Supreme People’s Court
Supreme People’s Court is the supreme justice organ of China, responsible for National People’s Congress and its standing committee. Supreme People’s Court exercises the supreme power of justice, which is not subject to the intervention of administrative organ, social organizations, and individuals. Supreme People’s Court institutes the justice committee, the supreme justice organ. Meanwhile, there are other justice courts instituted within Supreme People’s Court, mainly including First Court of Crime Justice, Second Court of Justice, Civil Justice Court, Justice Court of Economy, Administrative Justice Court, Appeal Justice Court, Justice Court of Transportation and Communications.
According to the provisions of Constitutions and laws, main responsibilities of Supreme People’s Court include the following three aspects: First, to inquisite cases with significant influence nationwide, appealing cases concerning the unconvinced verdict and judge of High Court, and also cases that Supreme People’s Court considers to be inquisited by itself; Second, to supervise the inquisition of regional people’s court of all levels and the special courts. As for the inaccurate judgments made by regional courts of all levels and the specials courts, Supreme People’s Court repeals them and decides on interrogation or retrial; Third, to work out judiciary explanation on how to concretely employ legislative issues in the trial procedure, which should be practicable nationwide.
Supreme People’s Procuratorate
Supreme People’s Procuratorate represents the highest prosecution organ and the law supervision organ, with its major responsibility to lead regional people’s procuratorate of all levels and special people’s procuratorate to implement the function of law supervision according to law, to guarantee the consolidate and correct implementation of national law. Supreme People’s Procuratorate is responsible for National People’s Congress and its standing committee, and report to them as well. Meanwhile, it is under the supervision of National People’s Congress and its standing committee.
According to the provisions of Constitutions and law, the major responsibility of Supreme People’s Procuratorate includes: to lead regional people’s procuratorate of all levels and special people’s procuratorate; to directly handle crime cases concerning corruption, bribery, infringement of the democratic rights of citizens, malpractice, and to register them for investigation, and decide on whether to appeal it or not according to law; to carry out legal supervision on the court trials, investigation of crime cases according to law; to approve to arrest and to prosecute for serious crime cases; to launch legal supervision on the trial activities concerning crime cases; to raise counter-appeal against the improper verdict and judgment by people’s courts of all levels, which has ensued effects; to launch inspection to the activities in prisons according to law; to provide legal explanation concerning detailed applicable legal issues when undertaking prosecution; to formulate regulations, detailed rules, and provisions concerning prosecution; to lead and administrative prosecutors according to law; to organize and direct the education and training program within the procuratorate system; and to organize the procuratorate organ to carry out foreign negotiation and judiciary assistance.
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