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State Structure of the People’s Republic of China

Updated: Aug 23,2014 6:08 PM     npc.gov.cn

The state organs of the People’s Republic of China include the National People’s Congress, the President, the State Council, the Central Military Commission, local people’s congresses and local people’s governments at various levels, organs of self-government in national autonomous regions, the people’s courts and the people’s procuratorates.

The National People’s Congress

The National People’s Congress of the People’s Republic of China is the supreme organ of state power. Its permanent body is the Standing Committee of the National People’s Congress. The National People’s Congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions, and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation.

The President of the People’s Republic of China

The President and Vice-President of the People’s Republic of China are elected by the National People’s Congress.

Citizens of the People’s Republic of China who have the right to vote and to 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 Vice-President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms.

The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers State medals and titles of honour; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders.

The President of the People’s Republic of China, on behalf of the People’s Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives and, in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states.

The Vice-President of the People’s Republic of China assists the President in his work.

The Vice-President of the People’s Republic of China may exercise such functions and powers of the President as the President may entrust to him.

The President and Vice-President of the People’s Republic of China exercise their functions and powers until the new President and Vice-President elected by the succeeding National People’s Congress assume office.

In the event that the office of the President of the People’s Republic of China falls vacant, the Vice-President succeeds to the office of the President.

In the event that the office of the Vice-President of the People’s Republic of China falls vacant, the National People’s Congress shall elect a new Vice-President to fill the vacancy.

In the event that the offices of both the President and the Vice-President of the People’s Republic of China fall vacant, the National People’s Congress shall elect a new President and a new Vice-President. Prior to such election, the Chairman of the Standing Committee of the National People’s Congress shall temporarily act as the President of the People’s Republic of China.

The State Council

The State Council, that is, the Central People’s Government, of the People’s Republic of China is the executive body of the supreme organ of state power; it is the supreme organ of State administration.

The State Council is composed of the following:

the Premier; the Vice-Premiers; the State Councillors; the Ministers in charge of ministries; the Ministers in charge of commissions; the Auditor-General; and the Secretary-General.

The Premier assumes overall responsibility for the work of the State Council. The ministers assume overall responsibility for the work of the ministries and commissions.

The organization of the State Council is prescribed by law.

The term of office of the State Council is the same as that of the National People’s Congress.

The Premier, Vice-Premiers and State Councillors shall serve no more than two consecutive terms.

The Premier directs the work of the State Council. The Vice-Premiers and State Councillors assist the Premier in his work.

Executive meetings of the State Council are to be attended by the Premier, the Vice-Premiers, the State Councillors and the Secretary-General of the State Council.

The Premier convenes and presides over the executive meetings and plenary meetings of the State Council.

The State Council exercises the following functions and powers:

(1) to adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the Constitution and other laws;

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

(3) 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;

(4) 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;

(5) to draw up and implement the plan for national economic and social development and the State budget;

(6) to direct and administer economic affairs and urban and rural development;

(7) to direct and administer the affairs of education, science, culture, public health, physical culture and family planning;

(8) to direct and administer civil affairs, public security, judicial administration, supervision and other related matters;

(9) to conduct foreign affairs and conclude treaties and agreements with foreign states;

(10) to direct and administer the building of national defence;

(11) to direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right to autonomy of the national autonomous areas;

(12) 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;

(13) to alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions;

(14) to alter or annul inappropriate decisions and orders issued by local organs of State administration at various levels;

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

(16) in accordance with the provisions of law, to decide on entering into the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the Central Government;

(17) to examine and decide on the size of administrative organs and, in accordance with the provisions of law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and

(18) to exercise such other functions and powers as the National People’s Congress or its Standing Committee may assign to it.

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 or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments.

The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with law and the administrative 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.

Under the direction of the Premier of the State Council and in accordance with the provisions of law, the auditing body independently exercises its power of supervision through auditing, subject to no interference by any other administrative organ or any public organization or individual.

The State Council is responsible and reports on its work to the National People’s Congress or, when the National People’s Congress is not in session, to its Standing Committee.

The Central Military Commission

The Central Military Commission of the People’s Republic of China directs the armed forces of the country.The Central Military Commission is composed of the following: the Chairman; the Vice-Chairmen; and the members. The Chairman assumes overall responsibility for the work of the Central Military Commission. The term of office of the Central Military Commission is the same as that of the National People’s Congress. The Chairman of the Central Military Commission is responsible to the National People’s Congress and its Standing Committee.

The Supreme People’s Court

The Supreme People’s Court is the highest trial organ in the country and exercises its right of trial independently. It is also the highest supervising organ over the trial practices of local people’s courts and special people’s courts at various levels. It reports its work to the National People’s Congress and its Standing Committee. The right of appointment and removal of the president and vice presidents as well as members of the trial committee of the Supreme People’s Court lies with the National People’s Congress.

The Functions and Rights of the Supreme People’s Court (SPC)

1. Conducting trial of the following cases: first-hearing cases placed with the SPC by laws and regulations and those the SPC deems within its jurisdiction; appeals or protests against trial decisions or verdicts of the higher people’s courts and special people’s courts; appeals against court judgments lodged by the Supreme People’s Procuratorate according to trial supervision procedures.

2. Giving approval to death sentence. The SPC may, when necessary, delegate the right of approval for death sentences passed against offenders involved in serious cases of killing people, raping women, looting, destruction by using explosives and other cases which severely endanger and harm public security and social order.

3. Supervising the trials by local people’s courts and special people’s courts at different levels.

4. On discovering mistakes in the rulings and verdicts of local people’s courts already being legally enforced, conducting questioning or appointing a lower level court to conduct re-hearing.

5. Giving approvals to verdicts on crimes not specifically stipulated in the criminal law.

6. Offering explanations over the concrete application of laws during the trial process.

Principles for the Work of the SPC

1. The principle of equality. All citizens are equal before the law, so are all the ethnic groups. No privilege or discrimination is allowed in the application of law.

2. The principle of open trials. All cases tried by the people’s courts should be conducted openly except those involving state secrets, individual’s privacy or offenses committed by minors.

3. The principle of defense. The accused is entitled to the right of defense by appointing others or him or her self to defend oneself in the establishment of facts and evidence.

4. The system of collegiate panels. When trying first-hearing cases, the SPC shall conduct the trial with a panel consisting of one to three judges and two to four People’s Assessors. The trial of cases of appeals shall be conducted with a panel of three to five judges. The panel should be presided over by a judge appointed by the court president or the presiding judge of the tribunal. All members of the panel enjoy the same rights.

5. The system of challenge. Litigants have the right to request judicial officers to withdraw from the cases because of their conflict of interest or other special relationship with these cases. The right of deciding the withdraw lies with the president of the court. On the other hand, if judicial officers believe they have conflict of interest or other special relationship with the cases which make their withdrawal from the trial necessary, they shall report to the court president.

6. The principle of independence in trials. People’s courts enjoy the right of independence in conducting trials according to law. They shall be free from interferences of administrative organs, social organizations and individuals.

The Organizational Setup of the SPC

The SPC is made up of a president, vice presidents, presiding judges, vice presiding judges and judges. The SPC operates courts of criminal, civil, economic, administrative trials and other courts set up according to actual needs. Besides, the SPC is also made up by a research office, general affairs office, personnel department, judicial affairs department, administrative affairs department, office affairs bureau, foreign affairs bureau and education department.

The Trial Committee

Consisting of the president, vice presidents, presiding judges, vice presiding judges and judges, the Trial Committee is the leading body of the SPC with the following tasks: summing up experiences in the work of trials, and discussing important or difficult cases and other issues related to trials. Meetings of the Trial Committee are presided over by the president of the SPC. The president of the SPC is elected and removed by the National People’s Congress. The vice presidents, presiding judges, vice presiding judges, and other members of the Trial Committee, and judges are appointed and removed by the Standing Committee of the National People’s Congress.

Trial Organs

1. The First Criminal Court whose task is to deal with major cases of criminal offense.

2. The Second Criminal Court whose task is to (investigate or) deal with appeals lodged by litigants, the accused, their relatives or other citizens against the verdicts and decisions that are already being enforced, supervise trials and timely correct mistakes that may have occurred in the trials.

3. The Civil Court whose job is to deal with civil cases of national nature.

4. The Economic Court whose job is to deal with major economic disputes.

5. The Administrative Court whose job is to deal with administrative cases involving organs of the Central Government.

The Multi-hearing Trial System

China’s trial system follows a two-hearing system in the trial process. The entire system of people’s courts constitutes a four-level, two-hearing process. When litigants are not satisfied with the verdict made by any of the local people’s courts at various levels after the court has gone through a first-hearing trial of the case within its jurisdiction, they may appeal to a court of the immediate higher level within the time limit prescribed by law. The court at the next higher level reviews the appeal and passes its judgment which constitutes the verdict of the second hearing. According to the trial system, the verdict of the second hearing is the final decision against which the litigant shall not appeal. The SPC is China’s highest trial organ and all of its decisions on the first- and second-hearing cases are final and shall be enforced once they are promulgated.

The National Court Organizations

China’s people’s court system consists of courts at four levels: namely the grassroots, intermediate, higher and supreme people’s courts, in addition to special courts such as the military, railway and water transportation courts. Grassroots courts refer to tribunals in counties/autonomous counties, cities without administrative districts, or administrative districts of cities; intermediate courts are set up in prefectures, cities directly under provinces (also autonomous regions and municipalities directly under the Central Government); higher courts are those set up in provinces (also autonomous regions and municipalities directly under the Central Government).

Special courts are a component part of the people’s court system and jointly implement the state right of trials with local people’s courts at different levels. The difference of the special courts from local people’s courts lies in the following aspects:

1. Special courts are trial organs set up according to specified organizations or specified ranges to deal with cases while the local courts are trial organs set up according to administrative divisions;

2. Cases dealt with by special courts are of special nature which means in nature these cases are different from those tried by local people’s courts; and

3. The setup of the special courts and the appointment and removal of the staff of the special courts are also different from those of local people’s courts. For instance, the president of the military court is not elected by the people’s congress but jointly appointed by the SPC and the Central Military Commission.

Special courts include the military court, maritime court, railway transportation court, forestry court, agricultural reclamation court and petroleum court.

The Military Court

The military court is established out of consideration of the special features of the system of the armed forces and their combating tasks. The specific job of the military court is, through trying criminal elements who harm the state and national defense, to safeguard state security, the legal system and the order of the armed forces, consolidate the combat capability of the army, maintain the lawful rights and interests of the army men and other citizens. To combat the enemy, penalize criminals, protect the people and propagate the socialist legal system are the basic functions of the military court.

The military court consists of three levels: first, the Military Court of the People’s Liberation Army, second, the military courts of the various area commands, and units of the various branches of the armed services, and third, the army groups.

A military court consists a president, a vice president, two tribunals each with a presiding judge and a vice presiding judge, judges and clerks. Each of the military courts of various area commands, branches of the armed services and army groups consists of a president, judges and clerks.

In all military courts, a trial committee is set up charged with such tasks as discussing major or difficult cases and other work related to the trials. The committee is chaired by the court president. The procurators of the military procuratorates at the same level or rank may audit at the meeting of the committee.

The jurisdiction of military courts is restricted to specified criminal cases such as criminal cases committed by army men in active service and by workers on the payroll of the military, and other criminal cases whose trial and judgment are delegated to the military court by the SPC.

The Maritime Court

The maritime court handles first-hearing maritime cases or cases involving maritime businesses. It does not deal with criminal cases or other civil cases. Appeals or protests against verdicts of the maritime court are handled by the local higher people’s courts.

A maritime court consists of the maritime tribunal, maritime business tribunal, a research office, and other departments. The court has a president, vice presidents, presiding judges, vice presiding judges and judges. The president of the maritime president is proposed by the chairman of the standing committee of the local city people’s congress for appointment or removal by the standing committee of the people’s congress. The vice presidents, presiding judges, vice presiding judges, judges and members of the trial committee are proposed by the president of the maritime court for appointment or removal by the standing committee of the city’s people’s congress where the court is located.

The Railway Transportation Court

There are two levels of railway transportation courts, namely the intermediate railway transportation courts of the railway administrations and grassroots courts of the railway branch administrations. The trial activities of the intermediate railway courts are supervised by the higher people’s courts in the same regions.

The president of a railway court is proposed by the chairman of the standing committee of the local people’s congress for appointment or removal by the standing committee of the people’s congress of the region where the court is located. The vice president, the presiding judge, vice presiding judge and judges are appointed or removed by the standing committees of the local people’s congresses.

A railway court consists of a criminal tribunal, economic dispute tribunal and civil disputes tribunal. Specifically its jurisdictions cover: (1) civil and criminal cases that have occurred during railway transportation, (2) criminal and civil cases involving workers of railway bureaus, and (3) economic disputes having direct relationships with railway transportation departments.

The Forestry Court

The tasks of forestry courts are to protect the forests, deal with cases involving sabotage to forestry resources, serious responsibility cases and cases involving foreigners.

Forestry courts are set up by forestry bureaus (including timber water transportation bureaus) in specified forested regions. Intermediate forestry courts are set up at forestry administrations of the prefectures or regions where state-owned forests stand in large interlinked patches.

The Supreme People’s Procuratorate

The people’s procuratorates are State organs for legal supervision. The Supreme People’s Procuratorate is the highest procuratorial organ. It is mainly responsible for supervising regional procuratorates and special procuratorates to perform legal supervision by law and protecting the unified and proper enforcement of State laws. The Supreme People’s Procuratorate has to report its work to the NPC and its Standing Committee, to whom it is responsible, and accept their supervision.

Major Functions of the SPP

1. To be responsible and report its work to the National People’s Congress and its Standing Committee, and accept the supervision of the NPC and its Standing Committee;

2. To put forward proposals to the NPC and its Standing Committee;

3. To exercise leadership over local and special people’s procuratorates, stipulate the policies and guidelines as well as lay out the work and tasks of prosecution;

4. To investigate cases of embezzlement, bribery, offense against the democratic rights of citizens, negligence of public duty and other criminal acts according to law. To offer leadership over local and special prosecution bodies in their investigation work;

5. To exercise the power of prosecution on serious criminal cases, approve the arrest and prosecution in cases of criminal activities handled by local and special procuratorates;

6. To exercise leadership over local and special procuratorates in the supervision of law enforcement in conducting prosecution of civil cases and economic disputes and administrative charges;

7. To lodge protests with the Supreme People’s Court over verdicts and decisions made by people’s courts at various levels which are already being enforced but are actually mistaken;

8. To examine decisions made by local and special procuratorates in the exercise of the rights of prosecution and correct any mistakes they have made;

9. To handle charges, appeals and reports made by citizens;

10. To handle reports on criminal activities such as embezzlement and bribery and conduct the work of reporting in all prosecution bodies in the country;

11. To suggest plans for the restructuring of the national prosecuting system and implement the plans; stipulate and guide the technical work, examination, authentication and review of material evidence of prosecution bodies in the country;

12. To offer judicial interpretations in the actual application of law in the work of prosecution;

13. To make stipulations, regulations and implementation rules on the work of prosecution;

14. To be responsible for the political work and bringing up of the staff in the nation’s prosecution bodies; to exercise leadership over local and special prosecution bodies in the running of procurators according to law; to stipulate the methods for the management of prosecuting clerks;

15. To take part in the management, examination and review of the chief and deputy chief procurators of special procuratorates and the procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government and propose to the Standing Committee of the National People’s Congress on the appointment or removal of these chief procurators; to suggest to the NPC Standing Committee on replacing the chief procurators, deputy chief procurators and procurators of the procuratorates at the subordinating levels;

16. To take part in the management of the organizational setup and the size of the staff in various prosecution bodies;

17. To organize and guide the education and training of the staff of prosecution bodies, make plans and provide guidance on the training centers and the cultivation of the teaching staff;

18. To plan and guide the work of finance and equipment in the nation’s prosecuting organs;

19. To organize and conduct exchanges with foreign counterparts and international judicial assistance; to review and approve the assistance on individual cases involving such areas of Hong Kong, Macao and Taiwan;

20. To exercise administration over officials of prosecuting organs and those in subordinate institutions; to review and approve the work and development plans of subordinate institutions; and

21. To be responsible for other jobs that should be handled by the Supreme People’s Procuratorate.

The Organizational Setup of the SPP

The SPP consists of 15 functional departments as well a political work department, a retiree bureau and five subordinate institutions.

The functional departments include the general affairs office, investigation supervision department, prosecution department, anti-embezzlement and bribery administration, negligence of duty and rights infringement prosecution department, prison and detention department, civil and administration department, reporting and charges prosecution department (also known as the Reporting and Charges Center of the SPP), criminal appeals department, railway transportation prosecution department, department for the prevention of crimes committed by taking advantage of one’s positions, law and policy research office, supervision bureau, foreign affairs bureau, planning, finance and equipment bureau.

The political work department itself consists of officers of publicity, education and training as well as the general affairs office.

Subordinate institutions refer to the organ service center, the Procuratorate Daily, China Procuratorate Publishing House, procuratorate technology information research center, procuratorate theory research institute and the state procurators college.

Major Tasks of the Functional Departments of the SPP

Prison and Detention Department

It is responsible for providing guidance to executive organs in the legality of their activities of implementing penalties, reducing sentences, making release on parole, and allowing medical treatment on bail, the legality of the activities of prisons, detention centers and organs in charge of education through forced labor and supervising over extra time of custody; giving guidance on the investigation before trial of cases of malpractices in the execution of sentences and penalties, ill-treatment of those held in prison or detention centers, releasing without permission those in custody, negligence leading to the escape of those in custody, reducing sentences, granting release on parole and allowing medical treatment on bail as a result of giving favoritism and engaging in irregular practices; dealing with questions submitted by procuratorates of lower levels over difficult cases and studying and formulating rules and regulations for the prosecution work concerning prisons and detention centers.

Civil and Administration Department

This department is in charge of providing guidance over civil and economic dispute trials, administrative charges and supervision cases in the country; in accordance with procuratorial supervision procedures, putting forward protests to the SPP against verdicts of courts at various levels on civil, economic and administrative cases that have already been implemented but are indeed mistaken; appearing in court during the trial in the Supreme People’s Court of civil, economic and administrative cases which the SPP is protesting; studying very difficult issues in the nation concerning the trial of civil and economic disputes and charges and supervision of administrative cases and putting forward solutions; undertaking inquires raised by lower prosecution bodies over difficult issues in the work of civil and administrative procuratorial organs; and studying and formulating rules and regulations concerning the work of civil and administrative supervision.

Criminal Appeals Department

It is responsible for giving guidance to the work of prosecuting organs concerning criminal appeals and compensation; dealing with citizens’ criminal appeals, dealing with appeals of criminals serving sentences or of their close relatives or legal agents; dealing with criminal appeal cases under the jurisdiction of prosecution organs and urging prosecution organs to investigate and report the results; making comprehensive reports on the situation of criminal appeals and compensation; handling criminal appeals and compensations; and studying and formulating rules and regulations concerning the work of criminal appeals and compensation.

Railway Transportation Prosecution Department

It is in charge of giving guidance to the prosecution work concerning railway transportation in the country; directly participating or organizing or coordinating the investigation of serious cases which have national impact and are being handled by prosecution bodies; giving approval to the arrest and charges in serious cases concerning railway transportation that are of national impact; studying and analyzing criminal activities and trends in railway transportation and putting forward policies of dealing with the situation; and studying and formulating rules and regulations concerning the work of prosecution in railway transportation.

Negligence of Duty and Right Infringement Prosecution Department

It is in charge of giving guidance on the investigation and inquisition of cases involving civil servants in the negligence of their duties or abusing their power to illegally detain people, extort confession through torture, retaliate through frame-up, search and to engage in other criminal activities that infringe upon the personal rights and democratic rights of citizens; taking part in the investigation of serious criminal cases of negligence of duties and infringement upon rights; directly investigating serious cases of negligence of duties and infringement upon rights that are of national significance; organizing, coordinating and leading the investigation of serious cases of negligence of duties and infringement upon rights which involve more than one province; studying and analyzing the rules and features of crimes of negligence of duties and infringement upon rights, and putting forward corresponding policies of dealing with them; handling inquires raised by lower prosecution bodies concerning serious and difficult issues in their work; and studying and formulating rules and regulations concerning the prosecution of cases of negligence of duty and infringement upon rights.

Reporting and Charges Prosecution Department (Reporting and Charges Center of the SPP)

It is responsible for offering guidance to the work on reporting and bringing charges by the prosecution bodies in the country; handling reports and charges lodged by citizens; referring clues of reports and charges to proper organs and making preliminary investigation of clues of reports and charges that are not exactly clear as to which organ should be the handling body and therefore are difficult in being referred to the proper authorities; making comprehensive reports on the situation of reporting and charges; and studying and formulating rules and regulations on the work of reporting and charges.

Department for the Prevention of Crimes Committed by Abusing One’s Power

It is responsible for offering guidance to the work of procuratorates in the prevention of crimes committed by people taking advantage of their job positions; studying and analyzing the rules and features of the prevention of crimes committed by people taking advantage of their job positions in the country and putting forward policies against bribery, embezzlement and negligence of duties; conducting work of prevention of crimes committed by minors; undertaking publicity of the legal system in the prevention of crimes committed by people taking advantage of their job positions; handling inquiries raised by lower level procuratorates concerning difficult issues in the prevention of crimes committed by people taking advantage of their job positions; and studying and formulating rules and regulations concerning the work of the prevention of crimes committed by people taking advantage of their job positions.

Investigation Supervision Department

It is responsible for offering guidance over arrests and investigation of the suspects of criminal cases in the country (including cases directly handled by prosecution bodies involving bribery, embezzlement and negligence of duties) and supervising the investigation of such cases; handling cases involving giving approval to arrests referred to by the SPP; undertaking the reply to inquires raised by lower prosecution bodies concerning difficult questions in approving arrests; giving guidance to the review and approval of arrests of minors who have committed crimes; and studying and formulating rules and regulations concerning the work of giving approvals to arrests.

Public Prosecution Department

It is responsible for giving guidance to the reviews of instituting legal proceedings, bringing charges in court and making protests against court verdicts and decisions concerning criminal cases in the country (including cases of crimes of bribery, embezzlement and negligence of duties directly investigated by prosecution bodies); offering guidance to the supervision of trial activities of people’s courts; undertaking cases the SPP instituting legal proceedings or making protests and conducting duties in court in cases in which the SPP is protesting against the opening of trials by the Supreme People’s Court; handling inquires raised by lower prosecution bodies concerning difficult issues in instituting legal proceedings; providing guidance to the work of instituting legal proceedings of cases involving minors; and studying and formulating rules and regulations on the work of bringing public charges.

Anti-Bribery and Embezzlement Administration

It is in charge of giving guidance to investigation and inquisition of cases handled by prosecution bodies in the country concerning bribery, embezzlement, misappropriation of public funds, improper source of huge funds, concealing deposits overseas, dividing up state-owned funds or confiscated properties among private individuals; taking part in the investigation of serious criminal cases of bribery and embezzlement; organizing, coordinating and leading the investigation of serious bribery and embezzlement cases; taking charge of coordinated investigation of serious bribery and embezzlement cases; studying and analyzing the rules and features of crimes of bribery and embezzlement in the country and putting forward policies of dealing with such crimes; handling inquires raised by lower level prosecution bodies concerning difficult issues on anti-bribery and embezzlement work; and studying and formulating rules and regulations concerning the work in anti-bribery and embezzlement prosecution.

Law and Policy Research Office

It is responsible for the study of the implementation of state laws, regulations and policies concerning prosecution work, putting forward suggestions correspondingly; undertaking the drafting of laws related to prosecution work; handling the drafting and negotiation of legal documents concerning judicial assistance and extradition agreements; making research in the applied theories on prosecution; providing suggestions on the drafts of state laws and administrative regulations when the SPP is asked to offer its opinions; giving judicial explanations on legal issues concerning prosecution; studying and planning the building of a legal system in prosecution work; undertaking the daily routine work of the Prosecution Committee of the SPP; offering guidance to the research of basic theories on prosecution work; providing guidance and leadership over inspection of the enforcement of law among prosecution bodies; collecting books and materials on prosecution work; editing and compiling laws, legal documents and almanacs on prosecution work; undertaking the routine work of the Special Consulting Committee of the SPP; and handling work of the SPP concerning Taiwan.

Supervision Bureau

It is responsible for providing guidance to the supervision work of all prosecution bodies in the country; inspecting the implementation of laws, regulations, decisions of the SPP or procuratorates of higher levels by prosecution bodies and their subsidiary organizations at various levels; handling charges and reports against members of prosecution bodies in their actions against disciplines; dealing with prosecution staff who have broken disciplines and their appeals against disciplinary decisions.

Foreign Affairs Bureau

It is responsible for the external exchanges and international judicial assistance of prosecution bodies and giving guidance to developing external exchanges by prosecution bodies in the country; in charge of contact and assistance of prosecution bodies in different parts of the country with those in Hong Kong and Macao; in charge of investigation of cases involving foreigners; coordinating and managing the drafting and negotiation of agreements between the SPP and foreign prosecution organizations; translating and compiling related materials and studying international judicial developments.

Planning, Finance and Equipment Bureau

It is responsible for giving guidance on planning and finance to prosecution bodies in the country; formulating long- and medium-term development plans concerning finance and equipment of prosecution bodies in the country and implementing such plans; distributing and managing funds for the work, equipment and capital construction of prosecution bodies; offering guidance to the plans of the prosecution system of the country on technical equipment, transportation, communication, armament and uniforms; reviewing and managing the funds for the various offices of the SPP and subsidiary institutions for their daily work, capital construction and foreign affairs activities; and handling the unified purchasing and allocation of their equipment of materials.

General Affairs Office

Assisting the leadership of the SPP in their office work, organizing and coordinating the important work and implementation of major plans of the SPP, and organizing important conferences and activities; drafting documents; taking care of secretarial work; handling information on prosecution and compiling publications for internal circulation; maintaining contact with deputies to the National People’s Congress and special procurators; in charge of the order and routine office work of the organs of the SPP; in charge of statistics and management of archives and maintenance of secrets of prosecution work; giving guidance to the study of technology and information concerning prosecution work and issuing guidance to the related work of lower prosecution bodies.

The Local People’s Congresses and Local People’s Government at Various Levels

People’s congresses and people’s governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns. The organization of local people’s congresses and local people’s governments at various levels is prescribed by law. Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections 5 and 6 of Chapter III of the Constitution.

The Organs of Self-Government of National Autonomous Areas

The organs of self-government of national autonomous areas are the people’s congresses and people’s governments of autonomous regions, autonomous prefectures and autonomous counties. In the people’s congress of an autonomous region, autonomous prefecture or autonomous county, in addition to the deputies of the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation. The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned.

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