Local people's congresses are established in provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures, counties, autonomous counties, cities, municipal districts, townships, ethnic townships and towns. They are local organs of state power, but they are different in term, functions and powers, and organization, etc. Local people's congresses are local organs of state power and have the rights to decide on major issues in their respective administrative areas. People's congresses of provinces, autonomous regions, and municipalities directly under the Central Government have the power to formulate local statutes.
In accordance with the Constitution, people's congresses at different levels have different terms of office. The term of office of the people's congresses of counties, autonomous counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns is three years. And their deputies are directly elected by the electorates. The term of office of people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and cities divided into districts is five years. Deputies to the people's congresses at these levels are elected by the people's congresses at the next lower level.
As local organs of state power, local people's congresses at various levels ensure the observance and implementation of the Constitution and the law and the administrative rules and regulations in their respective administrative areas. However, their different levels result in their difference in functions and powers.
Within the limits of their power as prescribed by the Constitution, local people's congresses at different levels adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for the development of public services. Local people's congresses at and above the county level shall examine and approve the plans for economic and social development and the budgets of their respective administrative areas and examine and approve the reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees. People's congress of ethnic townships can adopt concrete measures suitable for their nationality within the limits of power described by law.
The people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, of cities which are capitals of the provinces or autonomous regions as well as large cities approved by the State Council and their standing committees have the power to adopt local regulations in the light of their regional political, economic and cultural characteristics in case that the regulations are not against the Constitution, relevant laws and regulations. The regulations should be sent to the Standing Committee of National People's Congress for the record.
Local people's congresses at their respective levels elect and have the power to recall governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns. Local people's congresses at and above the county level elect and have the power to recall presidents of people's courts and chief procurators of people's procuratorates at the corresponding level. The election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators of the people's procucratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval. In addition, people's congresses at or above the county level have the power to elect and recall members of the standing committee of the corresponding level.
Local people's congresses at or above the county level shall establish their respective standing committees. The standing committee of a local people's congress at or above the county level is composed of a chairman, vice chairmen and members, and is responsible and reports on its work to the people's congress at the corresponding level.
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