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| Order of the President of the People's Republic of China | | 中华人民共和国主席令 |
(No.37) | |
（第三十七号） |
The Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China, as adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995, is hereby promulgated, and shall be effective as of the date of promulgation. | |
《全国人民代表大会常务委员会关于修改＜中华人民共和国地方各级人民代表大会和地方各级人民政府组织法＞的决定》已由中华人民共和国第八届全国人民代表大会常务委员会第十二次会议于１９９５年２月２８日通过，现予公布，自公布之日起施行。 |
President of the People's Republic of China Jiang Zemin | |
中华人民共和国主席 江泽民 |
February 28, 1995 | |
１９９５年２月２８日 |
Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China | |
全国人民代表大会常务委员会关于修改《中华人民共和国地方各级人民代表大会和地方各级人民政府组织法》的决定 |
(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995) | |
（１９９５年２月２８日第八届全国人民代表大会常务委员会第十二次会议通过） |
At its 12th Meeting, the Standing Committee of the Eighth 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: | |
第八届全国人民代表大会常务委员会第十二次会议根据宪法、地方各级人民代表大会和地方各级人民政府组织法的基本原则和几年来的实践经验，决定对《中华人民共和国地方各级人民代表大会和地方各级人民政府组织法》作如下修改和补充： |
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| 1. Article 6 is revised as follows: "The term of office of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's congresses of townships, nationality townships and towns shall be three years." | | 一、第六条修改为：“省、自治区、直辖市、自治州、县、自治县、市、市辖区的人民代表大会每届任期五年。乡、民族乡、镇的人民代表大会每届任期三年。” |
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| 2. The phrase "protection of the environment and natural resources" is added respectively to sub-paragraph (3) of Article 8, sub-paragraph (4) of Article 39 and sub-paragraph (5) of Article 51. | | 二、第八条第三项、第三十九条第四项、第五十一条第五项分别增加“环境和资源保护”。 |
Sub-paragraph (13) of Article 8, sub-paragraph (10) of Article 9, subparagraph (7) of Article 51 and sub-paragraph (4) of Article 52 are respectively revised as follows:" protect the legitimate rights and interests of various economic organizations". | |
第八条第十三项、第九条第十项、第五十一条第七项、第五十二条第四项分别修改为：“保护各种经济组织的合法权益”。 |
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| 3. One sub-paragraph is added to Article 9 as sub-paragraph 6, which reads: "elect the chairman and vice-chairmen of the people's congress at the corresponding level". | | 三、第九条增加第六项：“选举本级人民代表大会主席、副主席”。 |
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| 4. One article is added as Article 14: "The people's congress of a township, nationality township or town shall have a chairman, and may have one or two vice-chairmen. The chairman and vice-chairmen shall be elected from among the deputies to the people's congress at the corresponding level, and their term of office shall be the same as that of each people's congress at that level. | | 四、增加第十四条：“乡、民族乡、镇的人民代表大会设主席，并可以设副主席一人至二人。主席、副主席由本级人民代表大会从代表中选出，任期同本级人民代表大会每届任期相同。 |
"The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall not concurrently hold office in an administrative organ of the State; if they hold office in an administrative organ of the State, they must resign from the post of the chairman or vice-chairman of the people's congress at that level. | |
“乡、民族乡、镇的人民代表大会主席、副主席不得担任国家行政机关的职务；如果担任国家行政机关的职务，必须向本级人民代表大会辞去主席、副主席的职务。 |
"The chairman or vice-chairmen of the people's congress of a township, nationality township or town shall, during the period when the people's congress at the corresponding level is not in session, be responsible for keeping in touch with the deputies to the people's congress at that level, organizing the deputies to conduct activities, and conveying the suggestions, criticisms and opinions of the deputies and the masses regarding the work of the people's government at the same level." | |
“乡、民族乡、镇的人民代表大会主席、副主席在本级人民代表大会闭会期间负责联系本级人民代表大会代表，组织代表开展活动，并反映代表和群众对本级人民政府工作的建议、批评和意见。” |
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| 5. Article 14 is changed to be Article 15, to which the following provisions are added: "The chairman and vice-chairmen of the people's congress of a township, nationality township or town shall be the members of the presidium." | | 五、第十四条改为第十五条，增加规定：“乡、民族乡、镇的人民代表大会主席、副主席为主席团的成员。” |
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| 6. Article 16 is changed to be Article 17 and is revised as follows: "Members of the local people's governments at or above the county level, the presidents of the People's Courts, the chief procurators of the People's Procuratorates, and the leading persons of the people's governments at the township level shall attend sessions of the people's congresses at the corresponding levels as nonvoting delegates; leading members of the other relevant government departments and public organizations at or above the county level may, by decision of the standing committees of the people's congresses at the corresponding levels, attend sessions of the people's congresses at the corresponding levels as nonvoting delegates." | | 六、第十六条改为第十七条，修改为：“县级以上的地方各级人民政府组成人员和人民法院院长、人民检察院检察长，乡级的人民政府领导人员，列席本级人民代表大会会议；县级以上的其他有关机关、团体负责人，经本级人民代表大会常务委员会决定，可以列席本级人民代表大会会议。” |
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| 7. Article 17 is changed to be Article 18, and the third paragraph of the Article is revised as follows: "With agreement of the presidium, deliberation shall be terminated on a bill or proposal placed on the agenda of a session, if the party that submitted the bill or proposal requests its withdrawal before it is referred to the congress for a vote." | | 七、第十七条改为第十八条，第三款修改为：“列入会议议程的议案，在交付大会表决前，提案人要求撤回的，经主席团同意，会议对该项议案的审议即行终止。” |
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| 8. The first paragraph of Article 20 is changed to be Article 21 and revised as follows: "Members of the standing committee of local people's congresses at or above the county level, choices for chairmen and vice-chairmen of the people's congresses of townships, nationality townships or towns, governors and deputy governors, chairmen and vice- chairmen of autonomous regions, mayors and deputy mayors, heads and deputy heads of prefectures, heads and deputy heads of counties, districts, townships and towns, presidents of the People's Courts and chief procurators of the People's Procuratorates shall be nominated by the presidiums of the people's congresses at the corresponding levels or jointly nominated by deputies in accordance with the provisions of this Law. | | 八、第二十条第一款改为第二十一条，修改为：“县级以上的地方各级人民代表大会常务委员会的组成人员，乡、民族乡、镇的人民代表大会主席、副主席，省长、副省长，自治区主席、副主席，市长、副市长，州长、副州长，县长、副县长，区长、副区长，乡长、副乡长，镇长、副镇长，人民法院院长，人民检察院检察长的人选，由本级人民代表大会主席团或者代表依照本法规定联合提名。 |
"Thirty or more deputies to the people's congress of a province, autonomous regions or municipality directly under the Central Government, or twenty or more deputies to the people's congress of a city divided into districts or of an autonomous prefecture, or ten or more deputies to the people's congress at the county level may nominate, with joint signatures, the candidates for members of the standing committee of the people's congress at the corresponding level, leading persons of the people's government, the president of the People's Court and the chief procurator of the People's Procuratorate at the same level. Ten or more deputies to the people's congress of a township, nationality township or town may nominate, with joint signatures, candidates for the chairman and vice-chairmen of the people's congress at the corresponding level and leading persons of the people's government at the same level. Deputies elected from different electoral districts or electoral units may deliberate on and jointly nominate candidates. | |
“省、自治区、直辖市的人民代表大会代表三十人以上书面联名，设区的市和自治州的人民代表大会代表二十人以上书面联名，县级的人民代表大会代表十人以上书面联名，可以提出本级人民代表大会常务委员会组成人员，人民政府领导人员，人民法院院长，人民检察院检察长的候选人。乡、民族乡、镇的人民代表大会代表十人以上书面联名，可以提出本级人民代表大会主席、副主席，人民政府领导人员的候选人。不同选区或者选举单位选出的代表可以酝酿、联合提出候选人。 |
"The number of candidates nominated by a presidium or jointly nominated by each deputy together with other deputies shall not exceed the number of persons to be elected. | |
“主席团提名的候选人人数，每一代表与其他代表联合提名的候选人人数，均不得超过应选名额。 |
"Nominators shall make a trustful introduction of their nominees." | |
“提名人应当如实介绍所提名的候选人的情况。” |
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| 9. The second paragraph of Article 20 is changed to be Article 22 and revised as follows: "In elections for chairmen and secretaries-general of the standing committees of the people's congresses, chairmen of the people's congresses of townships, nationality townships or towns, heads of people's governments, presidents of the People's Courts and chief procurators of the People's Procuratorates, there shall generally be one more candidate than the number of persons to be elected, and a competitive election shall be conducted. If only one candidate is nominated, a non-competitive election may be conducted. In elections for vice-chairmen of the standing committees of the people's congresses, deputy chairmen of the people's congresses of townships, nationality townships or towns, and deputy heads of the people's governments, there shall be one to three more candidates than the number of persons to be elected; in elections for members of the standing committees of the people's congresses, there shall be one-tenth to one-fifth more candidates than the number of persons to be elected. The specific differential number shall be prescribed by the people's congresses at the corresponding levels in the electoral measures on the basis of the number of persons to be elected. And the competitive election shall be conducted. If the number of candidates nominated is the same as the differential number prescribed in the electoral measures, the presidium of a people's congress shall submit the list of candidates to the deputies for deliberation and discussion, before election is conducted. If the number of candidates nominated exceeds the differential number prescribed in the electoral measures, a preliminary election shall be conducted after the deputies deliberate and discuss the list of candidates submitted by the presidium, and an official list of candidates shall, in accordance with the differential number prescribed in the electoral measures, be determined by order of the votes that the candidates obtain in the preliminary election, and then election shall be conducted. | | 九、第二十条第二款改为第二十二条，修改为：“人民代表大会常务委员会主任、秘书长，乡、民族乡、镇的人民代表大会主席，人民政府正职领导人员，人民法院院长，人民检察院检察长的候选人数一般应多一人，进行差额选举；如果提名的候选人只有一人，也可以等额选举。人民代表大会常务委员会副主任，乡、民族乡、镇的人民代表大会副主席，人民政府副职领导人员的候选人数应比应选人数多一人至三人，人民代表大会常务委员会委员的候选人数应比应选人数多十分之一至五分之一，由本级人民代表大会根据应选人数在选举办法中规定具体差额数，进行差额选举。如果提名的候选人数符合选举办法规定的差额数，由主席团提交代表酝酿、讨论后，进行选举。如果提名的候选人数超过选举办法规定的差额数，由主席团提交代表酝酿、讨论后，进行预选，根据在预选中得票多少的顺序，按照选举办法规定的差额数，确定正式候选人名单，进行选举。 |
"When leading persons of State organs at the corresponding levels are to be elected by local people's congresses at or above the county level, the time for nomination and consideration of candidates shall be not less than two days." | |
“县级以上的地方各级人民代表大会换届选举本级国家机关领导人员时，提名、酝酿候选人的时间不得少于两天。” |
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| 10. The third paragraph of Article 20 is changed to be Article 23. | | 十、第二十条第三款作为第二十三条。 |
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| 11. One article is added as Article 24: "In elections for leading persons of State organs conducted by local people's congresses at the corresponding levels, when the number of candidates who obtain more than half of the votes exceeds the number of leading persons to be elected, those who obtain more votes shall be elected. If the number of votes for some candidates is tied, thus making it impossible to determine the elected, another balloting shall be conducted for those candidates to resolve the tie, and those who obtain more votes shall be elected. | | 十一、增加第二十四条：“地方各级人民代表大会选举本级国家机关领导人员，获得过半数选票的候选人人数超过应选名额时，以得票多的当选。如遇票数相等不能确定当选人时，应当就票数相等的人再次投票，以得票多的当选。 |
"If the number of the elected persons who obtain more than half of the votes is less than the number of persons needed to be elected, another election shall be held to make up the difference, the candidates for another election may be determined by order of the votes they obtain in the first balloting, or may be nominated and determined in accordance with the procedures provided by this Law. Another election for making up the difference may be held at the current session or the next session of the people's congress upon decision by the people's congress at the corresponding level. | |
“获得过半数选票的当选人数少于应选名额时，不足的名额另行选举。另行选举时，可以根据在第一次投票时得票多少的顺序确定候选人，也可以依照本法规定的程序另行提名、确定候选人。经本级人民代表大会决定，不足的名额的另行选举可以在本次人民代表大会会议上进行，也可以在下一次人民代表大会会议上进行。 |
"When another election is held to elect the vice-chairmen and members of the standing committee of a people's congress, the vice-chairmen of the people's congress of a township, nationality township or town, and the deputy heads of a people's government, competitive election shall be conducted after the differential number is determined in accordance with the provisions in the first paragraph of Article 22 of this Law." | |
“另行选举人民代表大会常务委员会副主任、委员，乡、民族乡、镇的人民代表大会副主席，人民政府副职领导人员时，依照本法第二十二条第一款的规定，确定差额数，进行差额选举。” |
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| 12. The fourth paragraph of Article 20 is changed to be Article 25: After "When by-elections are held by the local people's congresses at various levels for chairmen, vice-chairmen, secretaries-general and members of their standing committees," is added "chairmen and vice-chairmen of the people's congresses of townships, nationality townships or towns". | | 十二、第二十条第四款改为第二十五条，在“地方各级人民代表大会补选常务委员会主任、副主任、秘书长、委员”一句后增加“乡、民族乡、镇的人民代表大会主席、副主席”。 |
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| 13. Article 21 is changed to be Article 26, and the "leading personnel of the people's government" in the first paragraph is revised to be: "members of the people's government." | | 十三、第二十一条改为第二十六条，第一款中“人民政府领导人员”修改为“人民政府组成人员”。 |
The second paragraph is revised as follows: "When the people's congress of a township, nationality township or town is in session, the presidium or a group of at least one-fifth of the deputies may submit a proposal to remove from office the chairman or vice-chairmen of the people's congress, the head or deputy heads of the township or town; the presidium shall refer the proposal to the congress for deliberation." | |
第二款修改为：“乡、民族乡、镇的人民代表大会举行会议的时候，主席团或者五分之一以上代表联名，可以提出对人民代表大会主席、副主席，乡长、副乡长，镇长、副镇长的罢免案，由主席团提请大会审议。” |
One paragraph is added as paragraph 3: "In a proposal for removal from office, reasons for the removal shall clearly be stated." | |
增加第三款：“罢免案应当写明罢免理由。” |
One paragraph is added as paragraph 4: "Persons proposed to be removed from office shall have the right to defend themselves at a meeting of the presidium or at the plenary meeting of a session, or to submit their written defence. The defence made at the meeting of the presidium or the written defence shall be printed and distributed to participants of the session by the presidium." | |
增加第四款：“被提出罢免的人员有权在主席团会议或者大会全体会议上提出申辩意见，或者书面提出申辩意见。在主席团会议上提出的申辩意见或者书面提出的申辩意见，由主席团印发会议。” |
One paragraph is added as paragraph 5: "The proposal for removal from office submitted to a local people's congress at or above the county level shall, after being distributed by the presidium to the participants for deliberation, be submitted to the plenary meeting of the session for voting; or the presidium shall, subject to decision of the plenary meeting of the session, propose to organize an investigation committee, and the proposal for removal from office shall be deliberated and decided at the next session of the people's congress at the corresponding level on the basis of the report prepared by the investigation committee." | |
增加第五款：“向县级以上的地方各级人民代表大会提出的罢免案，由主席团交会议审议后，提请全体会议表决；或者由主席团提议，经全体会议决定，组织调查委员会，由本级人民代表大会下次会议根据调查委员会的报告审议决定。” |
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| 14. Article 22 is changed to be Article 27, and the original provision of the Article "A leading functionary of a local people's government at any level, a standing committee member of a local people's congress at or above the county level, the president of a People's Court or the chief procurator of a People's Procuratorate may submit his resignation to the people's congress at the corresponding level, which shall decide whether or not to accept the resignation" is revised as follows: "A component member of the standing committee of a local people's congress at or above the county level, a leading person of a local people's government, the president of a People's Court or the chief procurator of a People's Procuratorate at or above the county level may submit the resignation to the people's congress at the corresponding level, which shall decide whether or not to accept the resignation." | | 十四、第二十二条改为第二十七条，其中关于“地方各级人民政府领导人员，县级以上的地方各级人民代表大会常务委员会组成人员，人民法院院长，人民检察院检察长，可以向本级人民代表大会提出辞职，由大会决定是否接受辞职”的规定，修改为：“县级以上的地方各级人民代表大会常务委员会组成人员和人民政府领导人员，人民法院院长，人民检察院检察长，可以向本级人民代表大会提出辞职，由大会决定是否接受辞职。” |
One paragraph is added as paragraph 2: "The chairman or vice-chairman of the people's congress of a township, nationality township or town, the head or deputy head of a township or town may submit his resignation to the people's congress at the corresponding level, which shall decide whether or not to accept the resignation." | |
增加第二款：“乡、民族乡、镇的人民代表大会主席、副主席，乡长、副乡长，镇长、副镇长，可以向本级人民代表大会提出辞职，由大会决定是否接受辞职。” |
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| 15. Article 23 is changed to be Article 28 and is revised as follows: "When a local people's congress at any level is in session, a group of at least ten of the deputies may submit a written proposal for addressing questions to the people's government or any of its departments, the People's Court or the People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves. | | 十五、第二十三条改为第二十八条，修改为：“地方各级人民代表大会举行会议的时候，代表十人以上联名可以书面提出对本级人民政府和它所属各工作部门以及人民法院、人民检察院的质询案。质询案必须写明质询对象、质询的问题和内容。 |
The presidium shall decide whether to refer the proposal to the organ addressed for an oral reply at the meeting of the presidium, or at the plenary meeting of a session, or at the meeting of a relevant special committee, or for a written reply. Where a reply is made at a meeting of the presidium or of the special committee, the deputies who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions; when the presidium considers it necessary, it may have the report on the reply printed and distributed to the session. | |
“质询案由主席团决定交由受质询机关在主席团会议、大会全体会议或者有关的专门委员会会议上口头答复，或者由受质询机关书面答复。在主席团会议或者专门委员会会议上答复的，提质询案的代表有权列席会议，发表意见；主席团认为必要的时候，可以将答复质询案的情况报告印发会议。 |
"If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the presidium shall have it printed and distributed to the session or to the deputies who address the questions." | |
“质询案以口头答复的，应当由受质询机关的负责人到会答复；质询案以书面答复的，应当由受质询机关的负责人签署，由主席团印发会议或者印发提质询案的代表。” |
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| 16. Article 26 is changed to be Article 31 and is revised as follows: "A local people's congress at or above the county level may appoint an investigation committee on specific questions. | | 十六、第二十六条改为第三十一条，修改为：“县级以上的地方各级人民代表大会可以组织关于特定问题的调查委员会。 |
"The presidium or a group of at least one-tenth of the deputies may submit to the session of the people's congress a proposal for organizing an investigation committee on specific questions, which shall be submitted by the presidium to the plenary meeting for decision. | |
“主席团或者十分之一以上代表书面联名，可以向本级人民代表大会提议组织关于特定问题的调查委员会，由主席团提请全体会议决定。 |
"An investigation committee shall be composed of a chairman, vice-chairmen and members, who shall be nominated by the presidium from among the deputies and be submitted to the plenary meeting for approval. | |
“调查委员会由主任委员、副主任委员和委员组成，由主席团在代表中提名，提请全体会议通过。 |
"An investigation committee shall present an investigation report to the people's congress at the corresponding level. And the people's congress may make an appropriate resolution on the basis of the report presented by the investigation committee. The people's congress may authorize its standing committee to listen to the investigation report of the investigation committee, and the standing committee may make an appropriate resolution and report to the next session of the people's congress for the record." | |
“调查委员会应当向本级人民代表大会提出调查报告。人民代表大会根据调查委员会的报告，可以作出相应的决议。人民代表大会可以授权它的常务委员会听取调查委员会的调查报告，常务委员会可以作出相应的决议，报人民代表大会下次会议备案。” |
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| 17. The words "recall and replace" in paragraph 2 of Article 33 and in sub-paragraph (13) of Article 39 is revised to read: "remove from office." | | |
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| 18. Article 36 is changed to be Article 41, the fourth paragraph of which is revised as follows: "The number of component members on the various standing committees shall be as follows: | | 十八、第三十六条改为第四十一条，第四款修改为：“常务委员会组成人员的名额： |
"(1) 35 to 65 members for those of provinces, autonomous regions, and municipalities directly under the Central Government and no more than 85 members for those of provinces with populations exceeding 80 million; | |
“（一）省、自治区、直辖市三十五人至六十五人，人口超过八千万的省不超过八十五人； |
"(2) 13 to 35 members for those of cities divided into districts and for autonomous prefectures and no more than 45 members for those of cities divided into districts with populations exceeding eight million; and | |
“（二）设区的市、自治州十三人至三十五人，人口超过八百万的设区的市不超过四十五人； |
"(3) 11 to 23 members for those of counties, autonomous counties, cities not divided into districts, and municipal districts and no more than 29 members for those of counties, autonomous counties, cities not divided into districts, and municipal districts with populations exceeding one million." | |
“（三）县、自治县、不设区的市、市辖区十一人至二十三人，人口超过一百万的县、自治县、不设区的市、市辖区不超过二十九人。” |
One paragraph is added as paragraph 5: "The number of component members on the standing committee of the people's congress of a province, autonomous region and municipality directly under the Central Government shall, in accordance with the provisions of the preceding paragraph, be determined on the basis of the size of the local population by the people's congress of the province, autonomous region and municipality directly under the Central Government. The number of component members on the standing committee of the people's congress of an autonomous prefecture, county, autonomous county, city and municipal district shall, in accordance with the provisions of the preceding paragraph, be determined on the basis of the size of the local population by the standing committee of the people's congress of a province, autonomous region and municipality directly under the Central Government. After the number of component members on the standing of a people's congress is determined, it shall no longer be altered during the term of office of the current people's congress." | |
增加第五款：“省、自治区、直辖市每届人民代表大会常务委员会组成人员的名额，由省、自治区、直辖市的人民代表大会依照前款规定，按人口多少确定。自治州、县、自治县、市、市辖区每届人民代表大会常务委员会组成人员的名额，由省、自治区、直辖市的人民代表大会常务委员会依照前款规定，按人口多少确定。每届人民代表大会常务委员会组成人员的名额经确定后，在本届人民代表大会的任期内不再变动。” |
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| 19. Article 41 is changed to be Article 46, and one paragraph is added as paragraph 1: "The council of chairmen of the standing committee of a local people's congress at or above the county level may submit to the standing committee of the people's congress at the corresponding level bills and proposals within the scope of the functions and powers of the standing committee, which shall be deliberated at the meeting of the standing committee." | | 十九、第四十一条改为第四十六条，增加第一款：“县级以上的地方各级人民代表大会常务委员会主任会议可以向本级人民代表大会常务委员会提出属于常务委员会职权范围内的议案，由常务委员会会议审议。” |
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| 20. Article 42 is changed to be Article 47 and is revised as follows: "A group of five or more standing committee members of the people's congress of a province, autonomous region, municipality directly under the Central Government, autonomous prefecture, or a city divided into districts or a group of three or more standing committee members of a people's congress at the county level may, when the standing committee is in session, submit to the standing committee written proposals for addressing questions to the people's government, People's Court or People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves. | | 二十、第四十二条改为第四十七条，修改为：“在常务委员会会议期间，省、自治区、直辖市、自治州、设区的市的人民代表大会常务委员会组成人员五人以上联名，县级的人民代表大会常务委员会组成人员三人以上联名，可以向常务委员会书面提出对本级人民政府、人民法院、人民检察院的质询案。质询案必须写明质询对象、质询的问题和内容。 |
"The council of chairmen shall decide whether to refer the proposal to the organ addressed for an oral reply at the plenary meeting of the standing committee or at the meeting of a relevant special committee, or for a written reply. Where a reply is made at a meeting of the special committee, the component members of the standing committee who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions; when the council of chairmen considers it necessary, it may have the report on the reply printed and distributed to the session. | |
“质询案由主任会议决定交由受质询机关在常务委员会全体会议上或者有关的专门委员会会议上口头答复，或者由受质询机关书面答复。在专门委员会会议上答复的，提质询案的常务委员会组成人员有权列席会议，发表意见；主任会议认为必要的时候，可以将答复质询案的情况报告印发会议。 |
"If the reply is to be made orally, the leading person of the organ addressed shall be present at the meeting to give the reply; if the reply is to be made in writing, it shall be signed by the leading person of the organ addressed, and the council of chairmen shall have it printed and distributed to the session or to the component members of the standing committee who address the questions." | |
“质询案以口头答复的，应当由受质询机关的负责人到会答复；质询案以书面答复的，应当由受质询机关的负责人签署，由主任会议印发会议或者印发提质询案的常务委员会组成人员。” |
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| 21. One article is added as Article 51, which reads as follows: "The credentials committee shall examine whether elections for deputies are conducted in conformity with the provisions prescribed by law." | | 二十一、增加第五十一条：“代表资格审查委员会审查代表的选举是否符合法律规定。” |
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| 22. One article is added as Article 52, which reads as follows: "The council of chairmen or a group of at least one-fifth of the component members of the standing committee may submit to the standing committee of the people's congress at the corresponding level a proposal for organizing an investigation committee on specific questions, which shall be submitted to the plenary meeting for decision. | | 二十二、增加第五十二条：“主任会议或者五分之一以上的常务委员会组成人员书面联名，可以向本级人民代表大会常务委员会提议组织关于特定问题的调查委员会，由全体会议决定。 |
"An investigation committee shall be composed of a chairman, vice-chairmen and members, who shall be nominated by the council of chairmen from among the component members of the standing committee and other deputies and be submitted to the plenary meeting for approval. | |
“调查委员会由主任委员、副主任委员和委员组成，由主任会议在常务委员会组成人员和其他代表中提名，提请全体会议通过。 |
"The investigation committee shall present an investigation report to the standing committee of the people's congress at the corresponding level. And the standing committee may make an appropriate resolution on the basis of the report made by the investigation committee." | |
“调查委员会应当向本级人民代表大会常务委员会提出调查报告。常务委员会根据调查委员会的报告，可以作出相应的决议。” |
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| 23. Article 46 is changed to be Article 53 and is revised as follows: "A standing committee may set up administrative offices and other working organs according to its needs in work. | | 二十三、第四十六条改为第五十三条，修改为：“常务委员会根据工作需要，设立办事机构和其他工作机构。 |
"The standing committee of the people's congress of a province and autonomous region may set up administrative offices in the prefectures under its jurisdiction." | |
“省、自治区的人民代表大会常务委员会可以在地区设立工作机构。” |
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| 24. Article 48 is changed to be Article 55, and one paragraph is added as paragraph 3, which reads as follows: "The local people's governments at various levels must perform their administrative functions and powers in accordance with law." | | 二十四、第四十八条改为第五十五条，增加第三款：“地方各级人民政府必须依法行使行政职权。” |
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| 25. One article is added as Article 57, which reads as follows: "After leading persons of a new people's government are elected according to law, they shall, within two months, request to the standing committee of the people's congress at the corresponding level to appoint the secretary-general of the people's government, department directors, bureau directors, commission chairmen and section chiefs." | | 二十五、增加第五十七条：“新的一届人民政府领导人员依法选举产生后，应当在两个月内提请本级人民代表大会常务委员会任命人民政府秘书长、厅长、局长、委员会主任、科长。” |
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| 26. Articl 50 is changed to be Articl 58 and is revised as follows: "The term of office of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be five years. The term of office of the people's governments of townships, nationality townships, and towns shall be three years." | | 二十六、第五十条改为第五十八条，修改为：“省、自治区、直辖市、自治州、县、自治县、市、市辖区的人民政府每届任期五年。乡、民族乡、镇的人民政府每届任期三年。” |
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| 27. The provisions in sub-paragraph (1) of Article 51 which reads: "The people's government of a province, autonomous region, municipality directly under the Central Government or city where a provincial or autonomous regional people's government is located may draw up regulations in accordance with the law and the State Council's administrative rules and regulations; with the approval of the State Council, the people's government of a relatively large city may do the same" are made a separate article, that is, Article 60, and are revised as follows: | | 二十七、第五十一条第一项中关于“省、自治区、直辖市以及省、自治区的人民政府所在地的市和经国务院批准的较大的市的人民政府，还可以根据法律和国务院的行政法规，制定规章”的规定单列一条，作为第六十条，修改为： |
"The people's government of a province, autonomous region or municipality directly under the Central Government may formulate rules in accordance with laws, administrative rules and regulations as well as the local regulations of the province, autonomous region or municipality directly under the Central Government, and report them to the State Council and the standing committee of the people's congress at the corresponding level for the record. The people's government of a city where a provincial or autonomous regional people's government is located, or of a relatively large city, approved as such by the State Council, may formulate rules in accordance with laws, administrative rules and regulations as well as the local regulations of the province or autonomous region, and report them to the State Council, the standing committee of the people's congress and the people's government of the province or autonomous region, and the standing committee of the people's congress at the corresponding level for the record. | |
“省、自治区、直辖市的人民政府可以根据法律、行政法规和本省、自治区、直辖市的地方性法规，制定规章，报国务院和本级人民代表大会常务委员会备案。省、自治区的人民政府所在地的市和经国务院批准的较大的市的人民政府，可以根据法律、行政法规和本省、自治区的地方性法规，制定规章，报国务院和省、自治区的人民代表大会常务委员会、人民政府以及本级人民代表大会常务委员会备案。 |
"Rules to be formulated in accordance with the provisions of the preceding paragraph must be discussed and decided by the executive meeting or the plenary meeting of the people's government at the corresponding level." | |
“依照前款规定制定规章，须经各该级政府常务会议或者全体会议讨论决定。” |
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| 28. Article 55 is changed to be Article 64 and the following provisions are added at the end of the third and fourth paragraphs: "and to the standing committees of the people's congresses at the corresponding levels for the record." | | 二十八、第五十五条改为第六十四条，第三款和第四款分别增加规定：“并报本级人民代表大会常务委员会备案。” |
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| 29. Article 57 is changed to be Article 66 and is revised as follows: "The working offices of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be under the unified leadership of the respective people's governments as well as the operational guidance or leadership of the competent departments of the State Council in accordance with law or the provisions of administrative rules and regulations. | | 二十九条、第五十七条改为第六十六条，修改为：“省、自治区、直辖市的人民政府的各工作部门受人民政府统一领导，并且依照法律或者行政法规的规定受国务院主管部门的业务指导或者领导。 |
"The working offices of the people's governments of autonomous prefectures, counties, autonomous counties, cities and municipal districts shall be under the unified leadership of the respective people's governments as well as the operational guidance or leadership of the competent departments of the people's governments at higher levels in accordance with law or the provisions of administrative rules and regulations." | |
“自治州、县、自治县、市、市辖区的人民政府的各工作部门受人民政府统一领导，并且依照法律或者行政法规的规定受上级人民政府主管部门的业务指导或者领导。” |
In addition, in agreement with this Decision, corresponding adjustments and revisions shall be made to the wording of certain clauses and the order of certain articles, paragraphs and sub-paragraphs. | |
此外，根据本决定对部分条文的文字和条、款、项的顺序作相应的调整和修改。 |
This Decision shall go into effect as of the date of promulgation. | |
本决定自公布之日起施行。 |
The Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China shall be revised according to this Decision and promulgated anew. | |
《中华人民共和国地方各级人民代表大会和地方各级人民政府组织法》根据本决定作相应的修正，重新公布。 |
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