The State Council of the People's Republic
of China is the Central People's
Government of the PRC. The Constitution stipulates that the State Council, that
is, the Central People's Government of the PRC, is the executive body of the
highest organ of state power; it is the highest organ of state administration.
The Composition of the State
Council
The State Council of the PRC, established in
1954, developed from the Government Administrative Council of the Central
People's Government in the early years of the People's Republic of China. According to the Constitution of 1954,
the State Council is composed of the Premier; the Vice Premiers; the State
Councilors; the Ministers in charge of ministries; the Ministers in charge of
commissions; the Auditor General; and the Secretary General. In accordance with
the Constitution of 1982, the State Council is born in the First Session of the
NPC. The Premier of the State Council is nominated by the President of the PRC,
decided by the NPC and appointed by the President of the PRC. The Vice Premiers,
State Councilors, Ministers in charge of ministries or commissions, the
Auditor-General and the Secretary-general of the State Council are nominated by
the premier, decided by the NPC and appointed by the premier.
The term of office of the State Council is
five years, the same as that of the National People's Congress. The Premier,
Vice-Premiers and State Councilors shall serve no more than two consecutive
terms.
The State Council is responsible and reports
on its work to the NPC or, when the NPC is not in session, to its Standing
Committee. The NPC has the power to remove from office members of the State
Council.
The Functions and Powers of the State
Council
According to the Constitution of 1982, the
State Council exercises the following functions and powers:
(1) to adopt administrative
measures, enact administrative rules and regulations, and issue decisions and
orders in accordance with the Constitution and the law; and to submit proposals
to the National People's Congress or its Standing Committee;
(2) to formulate the tasks and
responsibilities of the ministries and commissions of the State Council, to
exercise unified leadership over the work of the ministries and commissions and
to direct all other administrative work of a national character that does not
fall within the jurisdiction of the ministries and commissions; to exercise
unified leadership over the work of local organs of state administration at
various levels throughout the country, and to formulate the detailed division of
functions and powers between the Central Government and the organs of state
administration of provinces, autonomous regions, and municipalities directly
under the Central Government; to alter or annul inappropriate orders, directives
and regulations issued by the ministries or commissions; and to alter or annul
inappropriate decisions and orders issued by local organs of state
administration at various levels;
(3) to draw up and implement the plan for
national economic and social development and the state budget; to direct and
administer economic affairs and urban and rural development; to conduct foreign
affairs and conclude treaties and agreements with foreign states; to direct and
administer the building of national defense; to direct and administer the
affairs of education, science, culture, public health, physical culture and
family planning; to direct and administer civil affairs, public security,
judicial administration, supervision and other related matters; to direct and
administer affairs concerning the ethnic groups and to safeguard the equal
rights of ethnic minorities and the right to autonomy of the ethnic autonomous
areas; to protect the legitimate rights and interests of Chinese nationals
residing abroad and protect the lawful rights and interests of returned overseas
Chinese and of the family members of Chinese nationals residing abroad; to
approve the geographic division of provinces, autonomous regions and
municipalities directly under the Central Government, and to approve the
establishment and geographic divisions of autonomous prefectures, counties,
autonomous counties and cities; to decided on the imposition of martial law in
parts of provinces, autonomous regions, and municipalities directly under the
Central Government; and to examine and decide on the size of administrative
organs and, in accordance with the law, to appoint or remove administrative
officials, train them, appraise their performance and reward or punish them; and
(4) to exercise such other functions and
powers as the National People's Congress or its Standing Committee may assign to
it. Ministries, commissions, the People's Bank of China and administrations are
departments that make up the State Council. Under the unified leadership of the
State Council, they are in charge of directing and administering the
administrative affairs in their respective areas and exercise prescribed state
administrative powers. The Constitution of 1982 reads: The Ministers assume
overall responsibility for the work of the ministries and commissions. Ministers
in charge of the ministries or commissions of the State Council are responsible
for the work of their respective departments and they convene and preside over
ministerial meetings for general and executive meetings of the commissions to
discuss and decide major issues in the work of their respective departments.
The ministries and commissions issues
orders, directives and regulations within the jurisdiction of their respective
departments in accordance with the law and the administrative rules and
regulations, decisions and orders issued by the State Council.
The State Council establishes an auditing
body to supervise through auditing the revenue and expenditure of all
departments under the State Council and of the local governments at various
levels, and the revenue and expenditure of all financial and monetary
organizations, enterprises and institutions of the state. The State Council may
establish special offices to assist the Premier to administer special affairs in
light of requirements of work and the principle of streamlining.
Wen Jiabao is the current Premier of the
State Council of the People's Republic of China.