《地方组织法》word版.docx

1、地方组织法word版 Organic Law of the Local Peoples Congresses and Local Peoples Governments of the Peoples Republic of China (Adopted at the Second Session of the Fifth National Peoples Congress on July 1, 1979, promulgated by Order No.1 of the Chairman of the Standing Committee of the National Peoples Con

2、gress on July 4, 1979 and effective as of January 1, 1980; amended for the first time in accordance with the Resolution on Revising Certain Provisions of the Organic Law of the Local Peoples Congresses and Local Peoples Governments of the Peoples Republic of China, adopted at the Fifth Session of th

3、e Fifth National Peoples Congress on December 10, 1982; amended for the second time in accordance with the Decision on Revising the Organic Law of the Local Peoples Congresses and Local Peoples Governments of the Peoples Republic of China, adopted at the 18th Meeting of the Standing Committee of the

4、 Sixth National Peoples Congress on December 2, 1986; amended for the third time in accordance with the Decision on Revising the Organic Law of the Local Peoples Congresses and Local Peoples Governments of the Peoples Republic of China, adopted at the 12th Meeting of the Standing Committee of the Ei

5、ghth National Peoples Congress on February 28,1995; and amended for the fourth time in accordance with the Decision on Amending the Organic Law of the Local Peoples Congresses and Local Peoples Governments of the Peoples Republic of China adopted at 12th Meeting of the Standing Committee of the Tent

6、h National Peoples Congress on October 27, 2004) Contents Chapter I General Provisions Chapter II Local Peoples Congresses at Various Levels Chapter III The Standing Committees of Local Peoples Congresses at and Above the County Level Chapter IV Local Peoples Governments at Various Levels Chapter V

7、Supplementary Provisions Chapter I General Provisions Article 1 Peoples congresses and peoples governments shall be established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts,

8、townships, nationality townships, and towns. Article 2 Standing committees shall be established by local peoples congresses at and above the county level. Article 3 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties shall, in addition to exercising th

9、e functions and powers specified in this Law, exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the Law on Regional National Autonomy and other laws. Chapter II Local Peoples Congresses at Various Levels Article 4 Local peoples congresses at vario

10、us levels shall be local organs of State power. Article 5 Deputies to the peoples congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall be elected by the peoples congresses at the next lower l

11、evel; deputies to the peoples congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns shall be elected directly by their constituencies. The number of deputies to the local peoples congresses at various levels a

12、nd the manner of their election shall be prescribed by the electoral law. There shall be an appropriate number of deputies elected from the minority nationalities in each administrative area. Article 6 The term of office of the local peoples congresses at various levels shall be five years. Article

13、7 The peoples congresses of provinces, autonomous regions, and municipalities directly under the Central Government may, in the light of the specific conditions and actual needs of their respective administrative areas, formulate and promulgate local regulations, which must not contravene the Consti

14、tution and other laws, as well as administrative regulations; they shall report such local regulations to the Standing Committee of the National Peoples Congress and the State Council for the record. The peoples congresses of cities where provincial and autonomous regional peoples governments are lo

15、cated and the peoples congresses of relatively large cities with the approval of the State Council may, in the light of the specific conditions and actual needs of their respective cities, formulate local regulations, which must not contravene the Constitution and other laws, administrative regulati

16、ons, and the local regulations of their respective provinces and autonomous regions; they shall report such local regulations to the standing committees of the peoples congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing

17、Committee of the National Peoples Congress and the State Council for the record. Article 8 Local peoples congresses at and above the county level shall exercise the following functions and powers: (1) to ensure the observance and execution, in their respective administrative areas, of the Constituti

18、on and other laws, administrative regulations and the resolutions of the peoples congresses and their standing committees at higher levels, and to ensure the implementation of the State plan and the State budget; (2) to examine and approve the plans for national economic and social development and b

19、udgets of their respective administrative areas and the reports on the implementation of such plans and budgets; (3) to discuss and decide on major issues in political, economic, educational, scientific and cultural affairs, public health, protection of the environment and natural resources, and civ

20、il and nationality affairs, in their respective administrative areas; (4) to elect the members of their respective standing committees; (5) to elect governors and deputy governors, chairmen and vice-chairmen of autonomous regions, mayors and deputy mayors, prefects and deputy prefects, and heads and

21、 deputy heads of counties and districts; (6) to elect the presidents of the peoples courts and the chief procurators of the peoples procuratorates at the corresponding levels; the election of the chief procurator of a peoples procuratorate shall be reported to the chief procurator of the peoples pro

22、curatorate at the next higher level, who shall submit it to the standing committee of the peoples congress at that same level for approval; (7) to elect deputies to the peoples congresses at the next higher level; (8) to hear and examine reports on the work of the standing committees of the peoples

23、congresses at the corresponding levels; (9) to hear and examine reports on the work of the peoples governments, the peoples courts and the peoples procuratorates at the corresponding levels; (10) to alter or annul inappropriate resolutions of the standing committees of the peoples congresses at the

24、corresponding levels; (11) to annul inappropriate decisions and orders of the peoples governments at the corresponding levels; (12) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens legitimate private property, maintain public ord

25、er and safeguard citizens rights of the person and their democratic and other rights; (13) to protect the legitimate rights and interests of various economic organizations; (14) to safeguard the rights of minority nationalities; and (15) to safeguard womens rights as endowed by the Constitution and

26、other laws, such as equality with men, equal pay for equal work and freedom of marriage. Article 9 The peoples congresses of townships, nationality townships, and towns shall exercise the following functions and powers: (1) to ensure the observance and execution, in their respective administrative a

27、reas, of the Constitution, other law, administrative regulations, and the resolutions of the peoples congresses and their standing committees at higher levels; (2) to adopt and promulgate resolutions within the scope of their functions and powers; (3) to decide, in accordance with State plans, on pl

28、ans for the development of the economy, cultural affairs and public services in their respective administrative areas; (4) to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the budgets; (5) to decide on plans for civil affairs

29、 in their respective administrative areas; (6) to elect the chairman and vice-chairmen of the peoples congress at the corresponding level; (7) to elect heads and deputy heads of townships and towns; (8) to hear and examine reports on the work of the peoples governments of townships, nationality town

30、ships, and towns; (9) to annul inappropriate decisions and orders of the peoples governments of townships, nationality townships, and towns; (10) to protect the socialist property owned by the whole people, property owned collectively by working people and citizens legitimate private property, to ma

31、intain public order and safeguard citizens rights of the person and their democratic and other rights; (11) to protect the legitimate rights and interests of various economic organizations; (12) to safeguard the rights of minority nationalities; and (13) to safeguard womens rights as endowed by the

32、Constitution and other laws, such as equality with men, equal pay for equal work and freedom of marriage. In exercising their functions and powers, the peoples congresses of townships, nationality townships, and towns in which minority nationalities live in concentrated communities shall adopt specific measures appropriate to the characteristics of the nationalities concerned. Article 10 Local peoples congresses at various levels shall have the power to remove from office members of the peoples governments at the