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中华人民共和国宪法(2018年修正文本)的英文译本(来源:中国人大网)第三章 第二、三、四节


中华人民共和国宪法(2018年修正文本)的英文译本(来源:中国人大网)第三章 第二、三、四节


中华人民共和国宪法(2018年修正文本)的英文译本


(来源:中国人大网)


第三章 国家机构


第二节 中华人民共和国主席、第三节 国务院、第四节 中央军事委员会

Section 2 The President of the People's Republic of China

Article 79 The President and the Vice President of the People's Republic of China shall be elected by the National People's Congress.

Citizens of the People's Republic of China who have the right to vote and stand for election and who have reached the age of 45 are eligible for election as President or Vice President of the People's Republic of China.

The term of office of the President and the term of office of the Vice President of the People's Republic of China shall be the same as the term of the National People's Congress.

Article 80 The President of the People's Republic of China shall, pursuant to decisions of the National People's Congress and its Standing Committee, promulgate laws; appoint or remove the Premier, Vice Premiers, State Councilors, Ministers of ministries, Ministers of commissions, the Auditor-General, and the Secretary-General of the State Council; confer national medals and honorary titles; issue orders of special pardon; declare a state of emergency; declare a state of war; and issue mobilization orders.

Article 81 The President of the People's Republic of China shall conduct affairs of state and receive foreign diplomatic envoys on behalf of the People's Republic of China and, pursuant to decisions of the Standing Committee of the National People's Congress, appoint or recall plenipotentiaries and ratify or abrogate treaties and important agreements concluded with foreign states.

Article 82 The Vice President of the People's Republic of China shall assist in the work of the President.

The Vice President of the People's Republic of China may, when so entrusted by the President, exercise part of the functions and powers of the President on the President's behalf.

Article 83 The President and the Vice President of the People's Republic of China shall exercise their functions and powers until the President and the Vice President elected by the next National People's Congress assume office.

Article 84 If the office of the President of the People's Republic of China becomes vacant, the Vice President shall succeed to the office of the President.

If the office of the Vice President of the People's Republic of China becomes vacant, the National People's Congress shall elect a new Vice President to fill the vacancy.

If the offices of both the President and the Vice President of the People's Republic of China become vacant, the National People's Congress shall elect a new President and a new Vice President; prior to their election, the Chairperson of the Standing Committee of the National People's Congress shall temporarily act as the President.

 

Section 3 The State Council

Article 85 The State Council of the People's Republic of China, namely, the Central People's Government, is the executive organ of the highest organ of state power; it is the highest state administrative organ.

Article 86 The State Council shall be composed of the following personnel:

A Premier,

Vice Premiers,

State Councilors,

Ministers of ministries,

Ministers of commissions,

An Auditor-General, and

A Secretary-General.

The State Council shall practice a Premier responsibility system. The ministries and commissions shall practice a Minister responsibility system.

The organization of the State Council shall be prescribed by law.

Article 87 The term of the State Council shall be the same as that of the National People's Congress.

The Premier, Vice Premiers, and State Councilors shall not serve more than two consecutive terms.

Article 88 The Premier shall direct the work of the State Council. The Vice Premiers and State Councilors shall assist in the work of the Premier.

The Premier, Vice Premiers, State Councilors, and the Secretary-General constitute the executive meeting of the State Council.

The Premier shall convene and preside over executive meetings of the State Council and plenary meetings of the State Council.

Article 89 The State Council shall exercise the following functions and powers:

(1) To stipulate administrative measures, enact administrative regulations, and issue decisions and orders in accordance with the Constitution and the law;

(2) To submit proposals to the National People's Congress or its Standing Committee;

(3) To stipulate the missions and responsibilities of the ministries and commissions, exercise unified leadership over their work, and direct national-level administrative work that does not fall within the responsibilities of the ministries and commissions;

(4) To exercise unified leadership over the work of local state administrative organs at all levels nationwide and stipulate the division of functions and powers between the Central Government and the state administrative organs in provinces, autonomous regions, and cities directly under the Central Government;

(5) To draw up and implement national economic and social development plans and state budgets;

(6) To direct and manage economic work, urban and rural development, and ecological conservation;

(7) To direct and manage work concerning education, science, culture, health, sports, and family planning;

(8) To direct and manage work such as civil affairs, public security, and judicial administration;

(9) To manage foreign affairs and conclude treaties and agreements with foreign states;

(10) To direct and manage the development of national defense;

(11) To direct and manage ethnic affairs and safeguard the equal rights of ethnic minorities and the right to autonomy of ethnic autonomous areas;

(12) To protect the legitimate rights and interests of Chinese nationals residing overseas, as well as the lawful rights and interests of Chinese nationals residing overseas who have returned to China and of the family members in China of Chinese nationals residing overseas;

(13) To change or revoke inappropriate orders, directives, and regulations issued by ministries or commissions;

(14) To change or revoke inappropriate decisions and orders issued by local state administrative organs at all levels;

(15) To approve the geographic division of provinces, autonomous regions, and cities directly under the Central Government and approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties, and cities;

(16) To decide, in accordance with the law, on the entering of a state of emergency in a part of a province, an autonomous region, and a city directly under the Central Government;

(17) To examine and decide on the staff size of administrative institutions and, in accordance with the law, appoint or remove, train, evaluate, and award or punish administrative personnel; and

(18) To exercise other functions and powers accorded to it by the National People's Congress and its Standing Committee.

Article 90 Ministers of ministries and Ministers of commissions of the State Council shall be responsible for the work of their departments and convene and preside over executive meetings of ministries or commissions to discuss and decide on major issues in their work.

Ministries and commissions, in accordance with the laws and the administrative regulations, decisions, and orders of the State Council, issue orders, directives, and regulations within the scope of their authority.

Article 91 The State Council shall establish an audit office to oversee through auditing the revenue and expenditure of all State Council departments and local governments at all levels and the revenue and expenditure of all state financial institutions, enterprises, and public institutions.

The audit office shall, under the leadership of the Premier of the State Council, independently exercise the power of oversight through auditing in accordance with the law, and it shall not be subject to interference from other administrative organs, social organizations, or individuals.

Article 92 The State Council shall be responsible to the National People's Congress and report to the National People's Congress on its work; when the National People's Congress is not in session, the State Council shall be responsible to the Standing Committee of the National People's Congress and report to the Standing Committee of the National People's Congress on its work.

 

Section 4 The Central Military Commission

Article 93 The Central Military Commission of the People's Republic of China shall exercise leadership over the armed forces of the country.

The Central Military Commission shall be composed of the following personnel:

A Chairperson,

Vice Chairpersons, and

Members.

The Central Military Commission shall practice a Chairperson responsibility system.

The term of the Central Military Commission shall be the same as that of the National People's Congress.

Article 94 The Chairperson of the Central Military Commission shall be responsible to the National People's Congress and the Standing Committee of the National People's Congress.


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