Decision of the Standing Committee of the National People's Congress on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China
Order of the President [1986] No.49
December 2, 1986
At its 18th Meeting, the Standing Committee of the Sixth National People's Congress decided, in accordance with the Constitution, the basic principles of the Organic Law of the Local People's Congresses and Local People's Governments and the practical experience gained over the past few years, to make the following revisions and supplements to the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China:
I. Article 6 is revised to Article 7, and one paragraph is added as Paragraph 2, reading: "The people's congresses of cities where provincial and autonomous regional people's governments are located and the people's congresses of relatively large cities with the approval of the State Council may, in light of the specific conditions and actual needs of their respective cities, formulate local regulations, which must not contravene the Constitution, the law, administrative rules and regulations, and the local regulations of their respective provinces and autonomous regions; they shall report 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 27 is revised to Article 38, and Paragraph 2 is revised to read: "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."
II. Article 7 is revised to Article 8 and Item 3 is revised to read: "to discuss and decide on major issues in political, economic, educational, scientific, cultural, public health, and civil and ethnic affairs in their respective administrative areas."
Item 5 is revised to read: "to elect governors and deputy governors, chairmen and vice chairmen of autonomous regions, mayors and deputy mayors, and heads and deputy heads of prefectures, counties and districts."
Items 6 and 7 are combined into one as Item 6, which reads: "to elect the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels; the election of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level, who shall submit it to the standing committee of the people's congress at that same level for approval."
Item 12 is revised to Item 10, which reads: "to alter or annul inappropriate resolutions of the standing committees of the people's congresses at the corresponding levels."
Item 16 is revised to Item 15, which reads: "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."
III. Article 8 is revised to Article 9, and one item is added as Item 4, reading: "to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the budgets."
Item 11 is revised to Item 12, reading: "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."
IV. One article is added as Article 13, which reads: "A preliminary meeting shall be held for each session of a local people's congress at or above the county level to elect the presidium and secretary-general of that session, adopt the agenda for the session and decide on other preparations.
The preliminary meeting shall be presided over by the standing committee of the people's congress. The preliminary meeting for the first session of a people's congress shall be presided over by the standing committee of the preceding people's congress at the corresponding level.
When a local people's congress at or above the county level meets, its session shall be conducted by the presidium.
When a local people's congress at or above the county level meets, it shall propose a number of deputy secretary-generals; the choice of deputy secretary-generals shall be decided by the presidium."
V. Paragraph 2 of Article 10 is revised to Article 14, reading: "When the people's congress of a township, ethnic township or town holds a session, it shall elect a presidium, which shall preside over the session and be responsible for convening the next session of that people's congress."
VI. One article is added as Article 15, which reads: "The first session of each local people's congress at any level shall be convened, within two months after the election of its deputies, by the standing committee of the preceding people's congress at the corresponding level or by the presidium of the preceding session of the people's congress of the township, ethnic township or town."
VII. Article 13 is divided into three articles, namely, Articles 25, 27 and 45, reading:
1. "Article 25 The people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may establish such special committees as committees of legislative affairs (political and legislative affairs committees), financial and economic committees, and education, science, culture and public health committees as required. The special committees shall work under the direction of the respective people's congresses; when the people's congresses are not in session, they shall work under the direction of the standing committees of the people's congresses.
Nominations for the chairman, vice chairmen and members of a special committee shall be made by the presidium from among the deputies and approved by the people's congress. When the people's congress is not in session, its standing committee may appoint additional individual vice chairmen and some members of the special committees through nomination by its council of chairmen and approval by a meeting of the standing committee.
The special committees shall discuss, examine and draw up relevant bills and draft resolutions under the direction of the people's congresses and their standing committees at the corresponding levels; they shall make investigations and studies of, and put forward proposals on matters related to those committees and within the scope of functions and powers of the respective people's congresses and their standing committees."
2.
......
Order of the President [1986] No.49
December 2, 1986
At its 18th Meeting, the Standing Committee of the Sixth National People's Congress decided, in accordance with the Constitution, the basic principles of the Organic Law of the Local People's Congresses and Local People's Governments and the practical experience gained over the past few years, to make the following revisions and supplements to the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China:
I. Article 6 is revised to Article 7, and one paragraph is added as Paragraph 2, reading: "The people's congresses of cities where provincial and autonomous regional people's governments are located and the people's congresses of relatively large cities with the approval of the State Council may, in light of the specific conditions and actual needs of their respective cities, formulate local regulations, which must not contravene the Constitution, the law, administrative rules and regulations, and the local regulations of their respective provinces and autonomous regions; they shall report 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 27 is revised to Article 38, and Paragraph 2 is revised to read: "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."
II. Article 7 is revised to Article 8 and Item 3 is revised to read: "to discuss and decide on major issues in political, economic, educational, scientific, cultural, public health, and civil and ethnic affairs in their respective administrative areas."
Item 5 is revised to read: "to elect governors and deputy governors, chairmen and vice chairmen of autonomous regions, mayors and deputy mayors, and heads and deputy heads of prefectures, counties and districts."
Items 6 and 7 are combined into one as Item 6, which reads: "to elect the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels; the election of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level, who shall submit it to the standing committee of the people's congress at that same level for approval."
Item 12 is revised to Item 10, which reads: "to alter or annul inappropriate resolutions of the standing committees of the people's congresses at the corresponding levels."
Item 16 is revised to Item 15, which reads: "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."
III. Article 8 is revised to Article 9, and one item is added as Item 4, reading: "to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the budgets."
Item 11 is revised to Item 12, reading: "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."
IV. One article is added as Article 13, which reads: "A preliminary meeting shall be held for each session of a local people's congress at or above the county level to elect the presidium and secretary-general of that session, adopt the agenda for the session and decide on other preparations.
The preliminary meeting shall be presided over by the standing committee of the people's congress. The preliminary meeting for the first session of a people's congress shall be presided over by the standing committee of the preceding people's congress at the corresponding level.
When a local people's congress at or above the county level meets, its session shall be conducted by the presidium.
When a local people's congress at or above the county level meets, it shall propose a number of deputy secretary-generals; the choice of deputy secretary-generals shall be decided by the presidium."
V. Paragraph 2 of Article 10 is revised to Article 14, reading: "When the people's congress of a township, ethnic township or town holds a session, it shall elect a presidium, which shall preside over the session and be responsible for convening the next session of that people's congress."
VI. One article is added as Article 15, which reads: "The first session of each local people's congress at any level shall be convened, within two months after the election of its deputies, by the standing committee of the preceding people's congress at the corresponding level or by the presidium of the preceding session of the people's congress of the township, ethnic township or town."
VII. Article 13 is divided into three articles, namely, Articles 25, 27 and 45, reading:
1. "Article 25 The people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts may establish such special committees as committees of legislative affairs (political and legislative affairs committees), financial and economic committees, and education, science, culture and public health committees as required. The special committees shall work under the direction of the respective people's congresses; when the people's congresses are not in session, they shall work under the direction of the standing committees of the people's congresses.
Nominations for the chairman, vice chairmen and members of a special committee shall be made by the presidium from among the deputies and approved by the people's congress. When the people's congress is not in session, its standing committee may appoint additional individual vice chairmen and some members of the special committees through nomination by its council of chairmen and approval by a meeting of the standing committee.
The special committees shall discuss, examine and draw up relevant bills and draft resolutions under the direction of the people's congresses and their standing committees at the corresponding levels; they shall make investigations and studies of, and put forward proposals on matters related to those committees and within the scope of functions and powers of the respective people's congresses and their standing committees."
2.
......