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 第五、六、七、八节；第四章

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

第五节 地方各级人民代表大会和地方各级人民政府；第六节 民族自治地方的自治机关；

第七节 监察委员会；第八节 人民法院和人民检察院

第四章 国旗、国歌、国徽、首都

Section 5 Local People's Congresses at All levels and Local People's Governments at All Levels

Article 95 The people's congresses and people's governments shall be established in provinces, cities directly under the Central Government, counties, cities, municipal districts, townships, ethnic townships, and towns.

The organization of local people's congresses at all levels and local people's governments at all levels shall be prescribed by law.

Autonomous regions, autonomous prefectures, and autonomous counties shall establish organs of autonomy. The organization and work of organs of autonomy shall be prescribed by law in accordance with the basic principles laid down in Chapter III Sections 5 and 6 of this Constitution.

Article 96 Local people's congresses at all levels are local organs of state power.

Local people's congresses at and above the county level shall establish their standing committees.

Article 97 Deputies to the people's congresses of provinces, cities directly under the Central Government, and cities divided into districts shall be elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns shall be directly elected by their constituencies.

The number of deputies to local people's congresses at all levels and the procedures of their election shall be prescribed by law.

Article 98 The term of local people's congresses at all levels shall be five years.

Article 99 Local people's congresses at all levels shall, in their own administrative areas, ensure compliance with and implementation of the Constitution, laws, and administrative regulations; they shall, according to the authority as prescribed by law, adopt and issue resolutions and examine and decide on local economic, cultural, and public service development plans.

Local people's congresses at and above the county level shall examine and approve reports on national economic and social development plans and budgets of their administrative areas and on their implementation. They shall have power to change or revoke inappropriate decisions made by their standing committees.

The people's congresses of ethnic townships may, according to the authority as prescribed by law, adopt specific measures suited to their ethnic characteristics.

Article 100 The people's congresses of provinces and cities directly under the Central Government and their standing committees may, provided there is no conflict with the Constitution, laws, or administrative regulations, enact local regulations, which shall be submitted to the Standing Committee of the National People's Congress for the record.

The people's congresses of cities divided into districts and their standing committees may, provided there is no conflict with the Constitution, laws, or administrative regulations, or with the local regulations of their respective provinces or autonomous regions, enact local regulations in accordance with the law, which shall be submitted to the standing committees of the people's congresses of their provinces or autonomous regions and take effect upon approval.

Article 101 Local people's congresses shall, at their respective levels, elect, and have power to remove from office, provincial governors and deputy provincial governors, city mayors and deputy city mayors, county mayors and deputy county mayors, municipal district mayors and deputy municipal district mayors, township mayors and deputy township mayors, and town mayors and deputy town mayors.

Local people's congresses at and above the county level shall elect, and have power to remove from office, chairpersons of the commissions of supervision, presidents of the people's courts, and chief procurators of the people's procuratorates at their respective levels. The election or removal of the chief procurator of a people's procuratorate must be reported to the chief procurator of the people's procuratorate at the next higher level for submission to the standing committee of the people's congress at that level for approval.

Article 102 Deputies to the people's congresses of provinces, cities directly under the Central Government, and cities divided into districts shall be subject to oversight by electoral units that elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships, and towns shall be subject to oversight by their constituencies.

Electoral units and constituencies that elect deputies to local people's congresses at all levels shall have power to remove them from office in accordance with procedures prescribed by law.

Article 103 The standing committees of local people's congresses at and above the county level shall be composed of a chairperson, vice chairpersons, and members; they shall be responsible to the people's congresses at their respective levels and report to these people's congresses on their work.

Local people's congresses at and above the county level shall elect, and have power to remove from office, component members of their standing committees.

No component member of the standing committees of local people's congresses at or above the county level shall hold office in any administrative, supervisory, adjudicatory, or procuratorial organ of the state.

Article 104 The standing committees of local people's congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people's government, the commission of supervision, the people's court, and the people's procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people's government at the same level; revoke inappropriate resolutions adopted by the people's congress at the next lower level; decide on the appointment or removal of employees of state organs according to the authority as prescribed by law; and, when the people's congresses at their levels are not in session, remove from office and elect to fill vacancies deputies to the people's congress at the next higher level.

Article 105 Local people's governments at all levels are the executive organs of the local organs of state power at their respective levels; they are the local state administrative organs at their respective levels.

Local people's governments at all levels shall practice a system of responsibility assumed by their respective provincial governors, city mayors, county mayors, municipal district mayors, township mayors, or town mayors.

Article 106 The term of local people's governments at all levels shall be the same as that of the people's congresses at their respective levels.

Article 107 Local people's governments at and above the county level shall, according to the authority as prescribed by law, manage economic, educational, scientific, cultural, health, sports, and urban and rural development undertakings, and finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, and other administrative work, in their administrative areas; issue decisions and orders; and appoint or remove, train, evaluate, and award or punish government employees.

The people's governments of townships, ethnic townships, and towns shall implement the resolutions of the people's congresses at their levels and the decisions and orders of higher-level state administrative organs and manage administrative affairs in their respective administrative areas.

The people's governments of provinces and cities directly under the Central Government shall decide on the establishment and geographic division of townships, ethnic townships, and towns.

Article 108 Local people's governments at and above the county level shall direct the work of their subordinate departments and of lower-level people's governments and shall have power to change or revoke inappropriate decisions of their subordinate departments and lower-level people's governments.

Article 109 Local people's governments at and above the county level shall establish audit offices. Local audit offices at all levels shall, in accordance with the law, independently exercise the power of oversight through auditing; they shall be responsible to the people's governments at their levels and to the audit offices at the next higher level.

Article 110 Local people's governments at all levels shall be responsible to the people's congresses at their levels and report to these people's congresses on their work. Local people's governments at and above the county level shall, when the people's congresses at their levels are not in session, be responsible to the standing committees of the people's congresses at their levels and report to the standing committees on their work.

Local people's governments at all levels shall be responsible to state administrative organs at the next higher level and report to such state administrative organs on their work. Local people's governments at all levels nationwide are state administrative organs under the unified leadership of the State Council; they shall all be subordinate to the State Council.

Article 111 Residents committees and villagers committees, established among urban and rural residents on the basis of their place of residence, are primary-level people's organizations for self-governance. Chairpersons, vice chairpersons, and members of residents committees and villagers committees shall be elected by residents. The relations between residents committees and villagers committees and primary-level organs of state power shall be prescribed by law.

Residents committees and villagers committees shall establish people's mediation, public security, public health, and other subcommittees to handle public affairs, provide public services, mediate civil disputes, and assist in maintaining public security in their residential areas; they shall convey residents' opinions and demands and make proposals to the people's government.

Section 6 Organs of Autonomy of Ethnic Autonomous Areas

Article 112 The organs of autonomy of ethnic autonomous areas are the people's congresses and the people's governments of autonomous regions, autonomous prefectures, and autonomous counties.

Article 113 In the people's congresses of autonomous regions, autonomous prefectures, and autonomous counties, in addition to deputies from the ethnic group that exercises regional autonomy, there shall also be an appropriate number of deputies from other ethnic groups residing in that administrative area.

On the standing committees of the people's congresses of autonomous regions, autonomous prefectures, and autonomous counties, there shall be citizens of the ethnic group that exercises regional autonomy serving as chairperson or vice chairperson.

Article 114 The office of governor of an autonomous region, prefect of an autonomous prefecture, and mayor of an autonomous county shall be held by a citizen from the ethnic group that exercises regional autonomy in that area.

Article 115 The organs of autonomy of autonomous regions, autonomous prefectures, and autonomous counties shall exercise the functions and powers of local state organs as stipulated in Chapter III Section 5 of this Constitution; they shall also exercise the power of autonomy in accordance with the authority as prescribed by this Constitution, the Law on Regional Ethnic Autonomy, and other laws and implement state laws and policies based on local circumstances.

Article 116 The people's congresses of ethnic autonomous areas shall have power to enact autonomous regulations and separate regulations in accordance with the political, economic, and cultural characteristics of the ethnic groups in their areas. The autonomous regulations and separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress and take effect upon approval. The autonomous regulations and separate regulations of autonomous prefectures and autonomous counties shall be submitted to standing committees of the people's congresses of their provinces or autonomous regions and take effect upon approval and shall be submitted to the Standing Committee of the National People's Congress for the record.

Article 117 Organs of autonomy of ethnic autonomous areas shall have the autonomy to manage their local finances. All fiscal revenue which belongs to an ethnic autonomous area under the state financial system shall be autonomously allocated and used by the organ of autonomy of that ethnic autonomous area.

Article 118 Organs of autonomy of ethnic autonomous areas shall, under the guidance of state plans, autonomously plan for and manage local economic development.

When developing resources or enterprises in an ethnic autonomous area, the state shall give due consideration to the interests of that area.

Article 119 Organs of autonomy of ethnic autonomous areas shall autonomously manage the educational, scientific, cultural, health, and sports undertakings of their areas, protect and preserve the cultural heritage of their ethnic groups, and promote the development and flourishing of ethnic cultures.

Article 120 Organs of autonomy of ethnic autonomous areas may, in accordance with the military system of the state and actual local needs, and with the approval of the State Council, organize local public security units to maintain public security.

Article 121 When performing official duties, organs of autonomy of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area.

Article 122 The state shall provide financial, material, and technical assistance to ethnic minorities to accelerate their economic and cultural development.

The state shall assist ethnic autonomous areas in training a large number of officials at all levels, various specialized personnel, and technical workers from among the ethnic groups in that area.

 

Section 7 Commissions of Supervision

Article 123 Commissions of supervision of the People's Republic of China at all levels are the supervisory organs of the state.

Article 124 The People's Republic of China shall establish a National Commission of Supervision and local commissions of supervision at all levels.

A commission of supervision shall be composed of the following personnel:

A chairperson,

Vice chairpersons, and

Members.

The term of office of the chairperson of a commission of supervision shall be the same as the term of the people's congress at the same level. The Chairperson of the National Commission of Supervision shall not serve more than two consecutive terms.

The organization, functions, and powers of the commissions of supervision shall be prescribed by law.

Article 125 The National Commission of Supervision of the People's Republic of China is the highest supervisory organ.

The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; higher-level commissions of supervision shall direct the work of lower-level commissions of supervision.

Article 126 The National Commission of Supervision shall be responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local commissions of supervision at all levels shall be responsible to the organs of state power that created them and to the commissions of supervision at the next higher level.

Article 127 Commissions of supervision shall, in accordance with the law, independently exercise supervisory power and shall not be subject to interference from any administrative organ, social organization, or individual.

The supervisory organs shall, in handling cases of duty-related malfeasance or crime, work in coordination with adjudicatory organs, procuratorial organs, and law enforcement departments, and they shall act as mutual checks on each other.

 

Section 8 People's Courts and People's Procuratorates

Article 128 The people's courts of the People's Republic of China are the adjudicatory organs of the state.

Article 129 The People's Republic of China shall establish a Supreme People's Court, local people's courts at all levels, military courts, and other specialized people's courts.

The term of office of the President of the Supreme People's Court shall be the same as the term of the National People's Congress, and the President shall not serve more than two consecutive terms.

The organization of the people's courts shall be prescribed by law.

Article 130 All cases in the people's courts shall be tried in public, except in special circumstances as prescribed by law. The defendant shall have the right to defense.

Article 131 The people's courts shall, in accordance with the law, independently exercise the adjudicatory power and shall not be subject to interference from any administrative organ, social organization, or individual.

Article 132 The Supreme People's Court is the highest adjudicatory organ.

The Supreme People's Court shall oversee the adjudicative work of local people's courts at all levels and of specialized people's courts; higher-level people's courts shall oversee the adjudicative work of lower-level people's courts.

Article 133 The Supreme People's Court shall be responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local people's courts at all levels shall be responsible to the organs of state power that created them.

Article 134 The people's procuratorates of the People's Republic of China are the legal oversight organs of the state.

Article 135 The People's Republic of China shall establish a Supreme People's Procuratorate, local people's procuratorates at all levels, military procuratorates, and other specialized people's procuratorates.

The term of office of the Procurator-General of the Supreme People's Procuratorate shall be the same as the term of the National People's Congress, and the Procurator-General shall not serve more than two consecutive terms.

The organization of the people's procuratorates shall be prescribed by law.

Article 136 The people's procuratorates shall, in accordance with the law, independently exercise the procuratorial power and shall not be subject to interference from any administrative organ, social organization, or individual.

Article 137 The Supreme People's Procuratorate is the highest procuratorial organ.

The Supreme People's Procuratorate shall direct the work of local people's procuratorates at all levels and specialized people's procuratorates; higher-level people's procuratorates shall direct the work of lower-level people's procuratorates.

Article 138 The Supreme People's Procuratorate shall be responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local people's procuratorates at all levels shall be responsible to the organs of state power that created them and to the higher-level people's procuratorates.

Article 139 Citizens of all ethnic groups shall have the right to use their own ethnic languages, spoken and written, in court proceedings. The people's courts and the people's procuratorates shall provide translation services for a party to court proceedings, who is not proficient in commonly used spoken or written languages in that locality.

In areas with large concentrations of ethnic minorities or where a number of ethnic groups live together, court trials shall be conducted in the language or languages commonly used in that locality; indictments, judgments, notices, and other documents shall be written in the language or languages commonly used in that locality according to actual needs.

Article 140 In handling criminal cases, the people's courts, the people's procuratorates, and public security organs shall be responsible for their respective functions, work in coordination with each other, and act as checks on each other to ensure the faithful and effective enforcement of the law.

Chapter Ⅳ The National Flag, the National Anthem, the National Emblem, and the Capital

Article 141 The national flag of the People's Republic of China is the Five-Star Red Flag.

The national anthem of the People's Republic of China is the March of the Volunteers.

Article 142 The national emblem of the People's Republic of China consists of an image of Tiananmen Gate in the center illuminated by five stars and encircled by spikes of grain and a cogwheel.

Article 143 The capital of the People's Republic of China is Beijing.