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.