(1) the Constitution in China

The ancient Chinese appeared in "constitution", "constitution", "constitutional order", "charter" and other words. But is different with our modern and contemporary constitution. Until nineteenth Century 80's.,Zheng Guanying in the "Millennium"In the first use of the word, the constitution.

(2) the Constitution in the West

The word originated in ancient greece.

The modern and contemporary constitution began in 17, in eighteenth Century the European renaissance.

(1) the same: the constitution is the law

The Constitution and the law have a common economic foundation.

② are established by the state to state and guarantee the implementation of coercive power.

③ through specified the rights and duties to confirm and safeguard social order and legal order.

The sanctions.

(2): the constitution is the higher law. "The law is in the law", is the fundamental.

Form feature

The constitution is the fundamental law of the state

(1) content: the most fundamental, the most important

(2): the highest potency[1]

(3) the formulation and revision of procedures: more stringent

Essential characteristics

The constitution is the guarantee of civil rights

Is the most important, the core value of the Constitution

The constitution is a basic form of democratic legal fact

The constitution is not always existed, it is a product of modern democracy in development[2]

1, the concept of Constitutionalism

Is based on the constitution form of democracy, the essence of democracy is the political contentThe enforcement of the Constitution.

2, the constitutional elements:

1.The ConstitutionIs the basic precondition of Constitutionalism

(2) the basic content of the constitutional government isThe institutionalization of democracy

3.Rule by lawIs the inevitable result of the development of Constitutionalism

4.The protection of human rightsIs the core value of constitutionalism and the basic goal

3, the constitutional characteristics

1.The implementation of the ConstitutionIs a basic way of constitutionalism;

(2) the basic spirit of constitutional government is establishedLimited government;

(3) establish the ConstitutionThe highest authorityIs the concentrated expression of Constitutionalism

4, the Constitution and constitutional politics

(1) the constitution is the precondition of constitutionalism; constitutionalism is the concrete realization of the process or state constitution.

(2) focus on the static constitution, constitutionalism focuses on dynamic;

(3) the constitution is a kind of social norms, the constitutional government is often a realistic form, is the implementation of the constitution;

(4) the Constitution provides rules are usually expressed as a means or method, and the Constitution provides more of a social community in pursuit of the goal.

Standard

Type

On behalf of

(1) is a uniform code form

The written constitution: code form a uniform. The most important ideological origins are proposed in eighteenth Century 17, the school of natural law and social contract theory.

1787 "the constitution of the United States" in 1791 the French constitution ";"

The unwritten constitution: scattered in various legal documents, constitutional jurisprudence, constitutional convention

Britain

(2) the constitution has no strict formulation, modification of organs and procedures

Rigid constitution          

The Cheng Wenxian code the national constitution are generally rigid constitution

The flexible constitution

The unwritten constitution of the national constitution is generally flexible constitution

(3) the constitution of different organs

The imperial constitution

In 1889 Japan Meiji Constitution; 1908 "imperial constitution outline"

The Constitution made by the people

America constitution; constitution of Weimar

The agreement constitutional

The 1215 British "Great Charter of liberty"; the French constitution of 1830

(1) the class nature of the type of constitution and national standard for capitalism and socialism Constitution: the Constitution

2.LeninPropose: when the constitutional law and the reality, the constitution is false; when they are consistent, the constitution is not a false.

(1) economic conditions

General development of capitalist commodity economy.

(2) the political conditions

The victory of the bourgeois revolution and the establishment of the bourgeois state power and to universal suffrage, the parliamentary system as the core of the democratic system formation.

(3) thought condition

Theory of democracy, freedom, equality, human rights and rule of law, the bourgeois Enlightenment thinkers put forward.

1 the principle of the sovereignty of the people

(1) refers to the supreme power of the state sovereignty.

(2) the people's sovereignty is refers to the country in the vast majority of people with the highest power of the state.

(3) the socialist constitution usually expressed as "the rights of all the country belongs to the people".

The 2 basic principles of human rights

(1) human rights refers to a person who should have equal rights.

(2) the basic human rights requirements must confirm and guarantee the basic rights and freedom of citizens and the constitution making.

(3) provisions concerning "civil rights" in the constitution, is the essence of the basic human rights confirmation.

(4) in 2004, China's Constitution clearly increase "the state respects and safeguards human rights" rules.

The 3 principles of the rule of law

(1) relative to the rule of law is the rule of man.

(2) it refers to the ruling class in accordance with the principle of democracy to the affairs of the state law and system, and in strict accordance with a way of management.

(3) legal system is the core of the rule of law, against privilege.

Principle of the 4 power

(1) the principle of power restriction is refers to between the various parts of the state power to supervise each other, each other, in order to safeguard the rights of citizens to principle.  

(2) the principle of power restriction includes civil rights restriction on state power, also restrict the power of the state to state power.

(3) in the capitalist countries of the constitution, the principle of power restriction mainly for the decentralization principle; in the socialist countries in the constitution, the principle of power restriction mainly for the supervision principle.

(1) confirming function

Identify the most important, fundamental problem

(2) the security function

The protection of human rights and democracy

(3) limit function

Restriction of state power, the establishment of limited government

(4) coordination function

To balance the various interests and reasonable

(1) the legislation in effect

The constitution as the core of the legal system, establish the basic goal of legal system

The establishment of a unified base of legislation

Establish the legal system of the reasonable is one of the basic form of the realization of the principle of constitution

The Constitution provides the basic mechanism to solve the conflict of legal system

The constitution is the legal system of development and perfection of the foundation and basis

(2) the role of law enforcement in

Training for specific legal consciousness of constitution

(3) the judicial role

The constitution is the source of adjudicative and procuratorial power, is a basic principle of the people's courts and the people's Procuratorate activities

The provisions of the Constitution and the law of the basic principle of the judiciary activities

Have an important impact on the development of the judges and prosecutors' constitutional consciousness of the rule of law

(4) the role of the law

Conscientiously abide by the constitution, constitution consciousness is an important content of improving the law-abiding consciousness

(1) the constitution code

Most countries adopt the form of.

(2) the constitutional law

The unwritten constitution state

The most fundamental, the most important national problem is not the constitution form, and a single legal documents stipulate.

Formulation and revision of the organ of constitutional law formulation and revision of the organ, procedure and common law and the same procedure.

Countries with written constitutions

Refers to the country for the implementation of the Constitution and the relevant provisions of the constitution of laws, such asOrganizational law, electoral law, law, legislation law, on behalf of the representative rules of organsEtc.

(3) the Constitutional Convention

Meaning.Refers to the provisions of the Constitution does not expressly provided, but in actual political life, and is generally followed by state organs, political parties and the public, and the Constitution(    )Force of habit or custom, mostly unwritten constitution state.

Features

① no specific legal form, many scattered in some newspapers, politician's speech, the court case and political practice;

The content involves the basic system, the national citizen's basic rights, obligations and other issues, the most fundamental;

③ rely mainly on public opinion to ensure the implementation of.

The role and significance

① adapting to the changes and development of national form

To make up for the shortage of the Constitution

Give full play to the functions of the Constitution

(4) the constitutional case

Meaning.The Constitution does not expressly provided, but by the judicial organs in the trial practice gradually formed and has the constitutional authority

1The unwritten constitution stateOne of the cases, is also the manifestation

②Countries with written constitutionsIn some countries, the court has the power to interpret the constitution, the court case based on the interpretation of the Constitution and make decision, binding on lower courts

(5) the international treaty

Are the main sources of international law, can become a source of origin and constitution of a country's domestic law, depends on a country's(   And   ).

Preface

Most countries have a constitution. Including: the ideological purpose, objective and guidance, basic tasks of the state and the goal.

The text

(1) the basic principles in many aspects of our social life

(2) the fundamental rights and duties of citizens and national institutions

(3) the national flag, national emblem, the national anthem and the capital

Supplementary articles

For the specific matters requiring special provisions(    ). Effect of constitution and the general provisions(  )Have(   And   Sex)Characteristic.

(1) the fundamental

The most fundamental problem, national important provisions.

(2) the highest authority

In the highest position in the legal system.

(3) the principle

Basic principles for determining the social system, the state system.

(4) programme

The Constitution clearly express the future goal pursuit. Confirm the development objective and macro national development ideas.

(5) the relative stability

The principle and general constitution, which has stronger adaptability, able to withstand the changes brought about by the objective situation in a certain range.

(1) confirm the specification

The fact that already exist, such as our constitution article first, article second.

(2) the prohibitive norm

A restriction on specific subjects or behavior. Such as the constitution of China twelfth

(3) the right rules and regulations

Adjust the basic civil rights and obligations of the specification. It is divided into three categories:

The right norm, namely the Constitution gives the specific main body to right, which has the right of the main qualifications.

The compulsory regulations, performance for the citizen's obligations.

③ rights norms and regulations together.

(4) procedural norms

The specific provisions of constitutional system in the running processThe program, mainly involvingState organs exercise programIn terms of content. There are two types of performance in the constitution:

The procedural norms of direct. The program on constitutional law made specific provisions, such as the National People's Congress holds a temporary meeting of the program, the constitutional amendment procedure etc..

The indirect procedure specification. The only principled regulations on behavior, specific procedures stipulated by the Department law.

1, the system of people's democratic dictatorship

(1) is China's state system, namely the national class nature.

(2) the nature of our state is the people's democratic dictatorship.

(3) the nature of the system of people's Democratic Dictatorship: People's democracy and a handful of hostile dictatorship of the organic unity.

(4) the main features of our people's Democratic Dictatorship: the multi-party cooperation under the leadership of the Communist Party of the patriotic united front.

2, under the leadership of the Communist Party of the multi-party cooperation and political consultation system

(1) the Communist Party is the ruling party, the Democratic Party is a political party.

(2) the political basis: adhere to the leadership of the Communist Party, adhere to the four cardinal principles.

(3): the basic principle of "long-term coexistence, mutual supervision, be in perfect sympathy with each other, sharing weal and woe".

(4) the political leadership of the democratic parties include: political principle, political direction and major principles and policies of the leadership.

Nature

Position

Component

The protection of national policy

The public sector of the economy

Ownership by the whole people

Foundation, the leading force

(  ,  ,  Of land)Absolute ownership

The state ensures the consolidation and growth of the state economy.

Collective ownership

Basics

Forests, mountains, grassland, wasteland, beach; land in rural and suburban of city; (in addition to the legal provisions of all people, is a collective of all)

The homestead, plots, retention Hill (absolute collective)

The state protects the lawful rights and interests of the collective economic organization, guidance, help, encourage the development of collective economy.

The non-public sector of the economy

An important part of

The individual economy, private economy, foreign funded enterprises

The state protects the lawful rights and interests of the non-public sectors of the economy. CountryEncourage, support and guide theThe development of the non-public sectors of the economy, and the non-public sectors of the economy in accordance with the lawSupervision and management.

(1) the socialist public ownership, distribution according to work to let each person do his best way.

(2) including other distribution methods: interest income, dividend income, private and foreign-funded enterprises profit.

The concept of 1 culture system

Cultural system concept culture system is refers to a country by the Constitution and the legal adjustment to social ideology as the core of the basic relationship rules, principles and policies sum.

2 characteristics

The part of the superstructure.

② has a distinct class character.

The historic.

The nationality.

2 the provisions of our Constitution on the basic culture system

(1) the national education development.

(2) the national development of science.

(3) the national development of medical and health undertakings.

(4) the national development of literature and art and other cultural institutions.

3 the provisions of our constitution of moral education

(1) the popularity of ideal, moral, culture, discipline and legal education, cultivating "Four Haves" citizen.

(2) advocates "love" education, the establishment and development of social morality.

(3) the Marx education, against the decadent ideas.

The definition and characteristics

Give an example

The two element of the monarchy

In order toThe monarch as the coreIn the country, by the monarch system play a leading role in the form of political organization.

Nepal, Jordan, Saudi Arabia

Its main feature is the sovereign power under the Constitution and parliament, but the limit strength is very weak, the monarch still hold great power.

Parliamentary constitutional monarchy

The monarch's power is strictly limited by the Constitution and ParliamentThat monarch, exercise is formal or ceremonial monarchy authority, ability has no real control of the parliament, cabinet, court

Britain, Spain, Holland, Belgium, Japan

The presidential system

Countries with the president, the president is both head of state, is also the head of government; the president elected by the voters, not to parliament, the parliament cannot force the president to resign through a no confidence vote, the president also has no right to dissolve parliament.

USA

Parliamentary republic

ParliamentIn the country's political center position by a parliamentary government organizations and government supervisionThe regimeForm.

Italy

MPs elected by the voters, the government by a majority in the lower house of Parliament party or coalition parties constitute a majority of the Parliament and the government; mutual penetration, the members of the government in general by the MPS concurrently, no confidence vote by the parliament forced the resignation of the government, the government can also dissolve Parliament

The Committee

The highest organ of State Administration Committee

Switzerland

The members of the Committee produced by the house of representatives elected president by members of the committee, in turn, a term of one year, no re-election; the house cannot be presented to the Committee no confidence vote, the Commission has no right to dissolve the parliament.

Semi presidentialism parliamentary system

The president is the head of stateThe prime minister, appoint, presides at meetings of the cabinet, enacted laws, commander of the armed forces and other powers;

France since 1958

The prime minister is the head of governmentThe parliament, total government policy agenda or government responsibility, no confidence vote by the parliament, or do not agree with the government's policy agenda and general policy, forced the prime minister to the president to resign.

(1) concept

The people's Congress system refers to have the state power in China according to the(     )In principle, through democratic elections. The National People's Congress and the local people's congresses at all levels, and by the National People's Congress as the basis, establish the full(    ), responsible to the people, subject to the supervision of the people, in order to realize the people be in power political system

(2) the basic content

① all state power belongs to the people is theThe logical starting point;

It is the voters elected representativesThe premise;

According to the people's Congress to establish all the state institutions is based on theThe core;

The people responsible, subject to the supervision of the people is theThe key.

(3) properties

1The system of people's CongressIs China's fundamental political system:

A. from the National People's CongressFormSpeaking, all levels of National People's Congress is composed of deputies, the deputies to the people's democratic election is elected by the people through the;

B. from the National People's CongressPowersSpeaking, deputy to the National People's Congress of the people exercise state power;

C. from the National People's CongressResponsibilityFor, it must be responsible to the people, subject to the supervision of the people.

The people's Congress system is the realization of socialist democracy in ChinaThe basicForm:

A. socialist democracy in its essence, is the people's democracy be in power, the need to achieve through some form of order. The National People's Congress and representatives from the people, the National People's Congress's power comes from the people, the National People's Congress shall be responsible to the people, subject to the supervision of the people, therefore, the National People's Congress is our country people's exercise of power, be in power to achieve a basic form of socialist democracy;

B. in a variety of realize the socialist democracy form,The National People's Congress system is the most important, it without restraint, comprehensive, full protection for people's realization of be in power power, the National People's Congress system is China's fundamental political system.

Different point

The unitary system

Federalism

The legal system

Only a nation of a constitution, the legislature unified laws according to the Constitution

The Federal Constitution, each member is the member of the Constitution

The composition of national institutions

Only a nation of a central authority system

Federal and state each have a differentThe centralOrgan system

The power division of the central and local (or federal and members of the division of powers between)

The power of local government by(  )Granted, the local administrative region unit and autonomous units did not break away from the central and independent power

From the Federation and the member power division, the division of functions and powers by(      )To make specific provisions, both to ensure the exercise of national legislative, judicial, administrative, financial, military and other major national power, also provides members enjoy certain diplomatic power

Foreign relations

The state is an independent subject, the citizen has the unified nationality

Some countries allow their members to enjoy certain foreign rights, federal citizens have both federal citizenship, and members of the nationality

(1) the historical reasons:

The history of our country national unified dominant.

(2) the national cause:

China is a multi-ethnic country, ethnic relations, ethnic distribution, distribution of resources, the imbalance of economic development, China's position in the international environment determines that China a unitary system, is beneficial to the national unity and the unity of all the nationalities.

(1): the province, autonomous region provincial, autonomous prefecture

(2) the city: City, autonomous prefecture

(3) the county: county level city, county, Autonomous County, city area

(4) the Township Township, nationality township, town

Department

Jurisdiction

The National People's Congress

The approval of the provincial, autonomous region, municipality directly under the central government set

The State Council

Regional division of the approval of the provincial, autonomous region, or municipality directly under the central government

To approve the establishment and geographic division of Autonomous Prefecture, county, Autonomous County, city

The people's government at the provincial level

Decide on the establishment and regional division of townships, nationality townships, the town of

According to the State Council authorized examining and approving County, city, city area of part of the administrative region boundaries change

The 1 national autonomous area

Autonomous regions, autonomous prefectures and autonomous counties

The 2 organs of self-government

The National People's Congress and the people's Government

3 autonomy

(1) to formulate autonomous regulations and separate regulations formulated by the people's Congress: the autonomous areas, autonomous region reported to the NPC Standing Committee for approval; autonomous prefectures and autonomous counties, reported to the provincial people's Congress for approval, and submitted to the NPC Standing Committee for the record.

(2) alternative or stop the implementation of laws and policies: the right to report within 60 days of enactment organ for approval, reply.

(3) the independent management of local finance

(4) the economic construction

(5) the right to education career

(6) the right to organize public security forces

(7) language rights

(a) the principle of universality

1 basic conditions, enjoy the right to vote: China nationality, aged 18, enjoy the political rights.

2, do not enjoy the right to vote and stand for election situation

(1) persons deprived of political rights according to law.

(2) not psychotic patients to exercise their voting rights, the election commission confirmed but not included in the list of voters.

(two) the principle of equality: one person one vote;Equal representation.

(three) direct and indirect election and principles;

(four) the secret voting principle: national and local people's Congress election, shall be by secret ballot. The election shall be providedThe secret to write the ticket office. If a voter is illiterate or handicapped cannot write votes, can entrust him to trust people.

(a) election mechanism

The 1 people's Congress Standing Committee

(1) the Standing Committee of the National People's Congress presided over the National People's Congress election;

(2) the Standing Committee of the people's Congress of a province, autonomous region, or municipality directly under the central government, city, autonomous prefecture District presided over the people's Congress election.

2The Electoral Commission:City not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, the townAn election committee, presided over the people's Congress election

(two) the redistricting

The 1 district is in a certain number of population based on division of the area, is the basic unit of voters directly elected representatives of the people; the basic unit is also the people's representative voters activities.

The 2 district can press(live in) division, can also according to production units, institutions, units of workDivide. Each constituency election1 to 3On behalf of.

Rule 3.25: each district within the administrative region of the population represented by each shall be generally the same.

(three) the voter registration

1 of eligible voters "a registration,(  )Effective"

2 before each election voter registration, on the last year full 18 one full year of life, have been deprived of political rights and political rights restored after the expiration of the voters, registration.

In the 3 new immigrant,; death and deprived of political rights, expelled; not psychotic patients exercise, the election commission confirmed, not included in the.

4 voters on election day()Recently released. With the introduction of voter registration cards to vote, and shall be issued voter registration cards.

5 for the list of voters published have different opinions:

(1) in voter list publication date ( ) daysAppeal to the election committee.

(2) the election committee on the appeal, should be in the(  )To make a decision on days.

(3) the plaintiff if refuses to accept the decision on the treatment, can be on election day(  )Days prior to the people's court, the people's court shallElection dayBefore make a decision. The people's court for the final decision.

(four) on behalf of the candidates proposed

1 recommend candidates for deputies

(1) candidates for deputies to the national and local people's congresses at various levels, on the basis of electoral districts or the electoral units nomination.

(2) recommend candidates for deputies. Subject: ① all political parties, people's organizations, may jointly or separately; the voters or deputies, a group of at least ten.

(3) recommended to the election committee or the presidium of the Congress candidates for deputies.Accept candidates recommended by the election committee shall submit to the president or Congress delegation truthfully provide the basic situation of personal identity, resume etc.. If the information provided is not real, the election committee or the presidium shall be notified to the voters or deputies.

2 the number of candidates for deputies

(1) the national and local people's congresses at various levelsImplement.    )The number of candidates for deputies, should be more than the number of deputies to be elected.

(2) the votersDirect electionThe people's Congress, the number of candidates for deputies should be more than the number of deputies to be elected(    To   ).

(3) represented by the local people's Congress at or above the county level elections on a people's Congress, the number of candidates for deputies should be more than the number of deputies to be elected(    To    ).

3 to determine the list of candidates

(1) elected directly by the people's congress,Candidates for deputiesRecommended by the voters and political parties and people's organizations, the nomination.

(2) the election committee shall collect,The basic situation of the list of candidates and the candidates for deputiesOn election day(   ) dayPreviously published, and submitted to the voters of the electoral district group discussion, consultation, determine the formal list of candidates.

(3) if the ratio between the number of candidates nominated more than thirtieth article of this law, by the election commission to the voters of the electoral district group discussion, consultation, in accordance with the opinion of the majority of voters, determine the formal list of candidates to formally represent candidateCan not formMore consensus, advance, according to the number of votes of the primary sequence, the official list of candidates.

(4) the basic formal list of candidates and candidates should be on election day(  ) dayPreviously published.

Source range, indirect election candidate 4

Above the county level to the local people's congresses at various levels shall level people's Congress in the elections, the candidates for deputiesNot limited toOn behalf of the people's congresses at the corresponding level.

5, the candidates for deputies:

(1) the election committee or the people's Congress delegationShouldTo the voters or deputies on the candidates.

(2) recommend candidates of political parties, people's organizations and voters, representatives can introduce the candidates for deputies recommended conditions at group meetings of voters or deputies.

(3) the election committeeAccording to the requirements of the voters,(    )The candidates to meet with the voters, I introduced the situation by the candidates, to answer the questions of the voters. However, on election day must stop the candidate's introduction.

(five) voting and the determination result

Type 1, vote for the candidates: voters could vote, can vote against it, you can choose any other voters, or abstain from voting.

2, a proxy vote: if voters out during the election, the Election Commission agreed, may entrust any other voters to vote on their behalf. Each voter to accept the Commission shall not exceedThree people,And should be in accordance with the (principal) wishes to vote.

3, the election results to determine --The elected conditions.

(1) the election is valid

① every time the electoral votes, more than the number of invalid votes, equal to or less than the number of votes effective.

The votersDirect electionDeputies to the people's congresses, more than half of the voters to vote, the election is valid.

(2) vote valid

The number of each vote chosen, more than the number of deputies to the provisions,Equal to or less thanThe number of deputies to provisions.

(3) candidates get some votes:

The votersDirect electionDeputies to the people's congresses, candidates for deputies to vote more than half of the votes, was elected.

② at or above the county level of the local people's congresses level people's Congress in the elections, candidates receiveMore than half of all representativeThe votes, was elected.

(4) the relatively more

The number of candidates won more than half of the votes more than the number of deputies to be elected, the election vote more than.

In case of an equality of votes the uncertain elected, should be equally candidate to vote again, with more votes to elect.

(5) special cases of election --Another election

1Separate election situationThe number of elected representatives: won more than half of the votes is less than the number of deputies to be elected by, the shortage of places to be elected.

②To be elected, to determine the list of candidates: to be elected, according to the number of votes on the first ballot order, according to the ratio between the thirtieth article of this law, to determine the list of candidates. If only one person, the candidate should be two people.

The prior election next election

In accordance with the provisions of the preceding paragraph shall be elected a.The county and township levelsThe people's Congress, on behalf of the candidate in the electoral elected, but votesShall not be less than 1/3 of the vote;

B. above the county level to the local people's congresses at various levels shall level people's Congress in the prior election, candidates receiveA majority vote of all the deputiesBefore the election.

(six) announced the election results

Results of the election by(    The committee or the people's Congress    )According to the law to determine whether effective, and shall be announced.

(seven) the completion time and to postpone the election election

The 1 National People's Congress term2MonthPreviously, the NPC Standing Committee of the National People's Congress must be the next election.

2 if you have not elected by the National People's Congress is, of all the above personnel 2/3 majority, canTo postpone the electionThe National People's Congress, to extend the term.

1 years after the 3 very situation, must be the representatives of the National People's Congress election.

(a) direct representative of resignation and the by election

1: put forward resignation of the people's Congress at the county level may submit to the Standing Committee of the people's Representative Congress(  )His resignation, the people's Congress at the township level representative toThe people's CongressWritten resignation.

2 quit: the Standing Committee of the people's Congress at the county level shall accept the resignation, the members of the Standing CommitteeMajorityThrough. The Township People's Congress to accept the resignation, must be approved by the people's CongressMajorityRepresented by the. To accept the resignation, he shall make a public announcement.

3 townships, nationality townships, the town people's Congress president, vice president, resign as a representative of the request is accepted, theVice chairman, the final positionCheck, which shall be announced by the presidium.

The 4 by election by the voters of the electoral districts.

(two) indirectly elected representatives and the resignation of the by election

The 1: to resign his people's Congress electionThe Standing Committee writtenHis resignation.

2 quit: Standing Committee to accept the resignation, must be approved by the Standing CommitteeMajorityThrough. To accept the resignation of the resolution, shall be reported to the level people's Congress for the record, the standing committee.

Members of 3 at or above the county level people's Congress Standing Committee of the National People's Congress, and the province, autonomous region, or municipality directly under the central government, districted city, Autonomous Prefecture People's Congress members of special committees, as a representative of the request is accepted, the Standing Committee members, specialized Personnel Committee terminated accordingly, which shall be announced by the standing committee.

During the 4 above the county level to the local people's congresses at various levels is, byThe Standing Committee of the people's CongressThe upper level people's Congress election

(a) direct election of the deputy to recall

1 when the people's Congress, the voters of the electoral districts50People aboveJoint, the Township People's Congress, the voters of the electoral districts30People aboveA joint, to the Standing Committee of the people's Congress of the recall request in writing.

2 recall request shall state the reasons for the recall. Is the recall deputies have the right, in voter Conference on representations, can also be submitted

The 3 county and Township People's Congress, shall be approved by more than half of the voters in the constituency.

Representative office vice chairman of the 4 townships, nationality townships, the town people's Congress president, is recalled, its chairman, vice chairman of the duties corresponding revocation, which shall be announced by the presidium.

(two) the indirect election on behalf of the recall

1 above the county level to the local people's congresses meeting,The presidium or at least 1/10 of the deputies, can put on the upper level people's Congress elected by the people's Congress on behalf of the recall.

During the 2 meeting in the people's Congress, the Standing Committee of a local people's Congress at or above the county levelThe meeting of directorsOrMore than 1/5 members of the Standing Committee jointly, can put on the upper level people's Congress elected by the people's Congress on behalf of the recall to the standing committee. Recall the reasons for the recall shall be indicated.

Representatives of 3 at or above the county level shall recall elected by local people's congresses at various levels, must be approved by the people's Congress at the said levelMajorityRepresented by; intersessional in Congress, must be approved by the Standing CommitteeMajorityThrough. The resolution on the recall, shall be reported to the level people's Congress for the record, announcement of the standing committee.

Members of 4 at or above the county level people's Congress Standing Committee, deputy to the National People's Congress and the province, autonomous region, or municipality directly under the central government, districted city, autonomous prefecture of the special committee of the National People's Congress members of the deposed, members of its Standing Committee personnel or specialized committee shall be announced by the corresponding revocation, the presidium or the Standing Committee

(1) directly under the Central People's Government

With the province, autonomous region, or municipality directly under the central government at the same level, but with a high degree of autonomy.

(2) systems and the mainland

Under capitalism, its economic system and way of life unchanged for 50 years.

(3) a high degree of autonomy, namely, "Hong Kong and Macao" ""

Enjoy executive, legislative and independent judicial power, including the power of final adjudication. Financial independence, all income for their own needs, not to the Central People's government.

1 be responsible for the foreign affairs management and the Special Administrative Region (SAR foreign rights includes 8 aspects)

(1) on behalf of the SAR government, as Chinese government delegation to participate in the central government, and directly related to the diplomatic negotiations

(2) in the economic, trade, financial, shipping, communications, tourism, culture, sports and other fields to "China Hongkong", "Macao China" name, alone with all countries, regions and relevant international organizations to maintain and develop relations, conclude and implement agreements.

(3) to participate in international organizations and conferences with the appropriate forms and name

(4) for the application of international agreements have opinion right

(5) issued by the HKSAR passport and other travel documents of power, the immigration control power.

(6) the central government shall assist or authorize the government of each country or region to conclude visa abolition agreements.

(7) according to the need to establish official or semi official in the foreignEconomic and tradePowers, be reported to the central government for the record

(8) the centralApprovalForeign may establish, or other official, semi official institutions consular agencies in d.c..

2 responsible for the management of the Special Administrative Region defense

Responsible by the Central People's Government

Appoint the chief executive and the principal officials of the 3

The main officials appointed chief executive of the Special Administrative Region, the administrative organ responsible for the central government and Macao's Procuratorate

The decision of the 4 Special Administrative Region is in a state of emergency

By(        )Decision

The 5 interpretation of the basic law of the Special Administrative Region

The right of interpretation of the basic law toThe Standing Committee of the NPC

6 modify the Macao Special Administrative Region

(1) the right to amend the basic law to(    )

(2) the basic law of the right to amend the proposal: the NPC Standing Committee, the State Council and the district

(3) the amendment bill, must be approved by the National People's Congress, the most of 2/3, all the members of the Legislative Council and the consent of the chief executive 2/3 the majority of sar. Put forward by the deputy to the National People's Congress delegates to the National People's congress.

(a) administration: all belong to the scope of autonomy within the special zone administrative affairs, by the SAR government is responsible for the management or treatment.

(two) the legislative power

1 in addition to the relevant foreign, defense and other provisions in accordance with the basic law of the special administrative region does not belong to the scope of legal autonomy, the rest all civil, criminal, commercial and procedural aspects of the law can make.

2 laws shall be reported to the NPC Standing Committee for the record, but does not affect the effect of record.

3 if found that making the legislature does not meet about things and central and district central management terms, the law in question, but no modification.

4 the law failure namely back. Unless otherwise stipulated in the laws of the SAR failure,Has no retroactive effect.

(three) an independent judiciary

The 1 district courts exercise judicial power independently, without interference.

2 the power of final adjudication shall be vested in the court of the sar.

The 3 district courts on diplomatic, defense and other countries act without jurisdiction.

Chief executive of the Special Administrative Region

At least 40 years of age; living for 20 years in succession; permanent China citizen with no right of abode in foreign countries (Macao's chief executive, "do not stay in the foreign rights provision"); a term of 5 years, renewable once.

The HKSAR Government

The main officials are nominated by the chief executive, the central government appointed.

The Legislative Council

Hongkong

(1) the Legislative Council from abroad, with no right of abode in Hongkong permanent residents of the China citizens.                                            

(2) non permanent foreign residency and a Hongkong permanent residents can also be elected members, but not more than 20%.

(3) the president of the Legislative Council, composed of 40, 20, no, permanent, China residents

Macao

(1) members of the Legislative Council not "no foreign residence" and "Chinese citizen" limit.

(2) the president of the Legislative Council by the continuous live 15 years of residents, "no right of abode in foreign countries" limit.

Judicial organs

Hongkong

The court of final appeal, the high court, district courts, magistrates' courts and other special courts.

The District of Hongkong. The attorney general in charge of the criminal procuratorial work.

Macao

The court of final appeal, the intermediate court, court and administrative court (jurisdiction of administrative litigation and taxation litigation)

Macao is served by the Macao procuratorate prosecutor, China citizens who are permanent residents of the.

Meaning

In accordance with the provisions of relevant laws, to urban and rural residents (Village) must live as the link establishment and range, and the residents elected members (villagers) composition, practice self-management, self-education, self-service social organization.

Characteristic

(1) mass. Different from the state power organization and other political, economic organization, the purpose of its establishment is to solve the social problem of public affairs and public welfare undertakings residence within the scope of the.

(2) the autonomy. That is not the state organs, nor the state organs subordinate or subordinate organization, not belonging to any other social organization residence within the organization, have its own independence.

(3) base. Only in the scope of residence community.

Village committee

Relationship with the township, town government:

Guidance, support and help, shall not interfere

Task:

Do business, disputes, property, security, dimension tube universal law etc.

Set up.

The establishment, cancellation, range adjustment, put forward by the township government, the village committee to discuss agreement, newspaper(the government)Approval

Organization:

(1): the village by the villagers' election director, deputy director, member3-7People. A term of 3 years, reelection. More than 1/5 have the right to vote the villagers can put forward to recall, more than half of the.

(2) the Committee: the villagers' committee according to the needs of the establishment of the people's mediation, public security, public health and other committee. Small population can not set up, the village committee member responsible for the division of labor.

(3) and village affairs: the villagers committee to implement the system of village affairs, matters relating to financial publish at least once every six months, accept the supervision of the villagers.

(4): 18, more than half of the villagers assembly or 2/3 to on the representatives, convened by the villagers committee (more than 1/10 the proposal, should be convened). The villagers committee shall be responsible and report on the meeting, decide the issue, adopt (    Principle.

(5): the conference to develop Village township government, reported for the record

Neighborhood committees

Relationship:

Guidance, support and help

Duty.

General laws, do business, disputes, dimension security, co work, advice and so on

Set up.

Set, withdraw, transfer fromNo area of the people's Government of a city, city areaDecision

Organization:

(1): elected deputy director, director, member5-9People, a term of 3 years, reelection.

(2): neighborhood committee according to needs of people's mediation, public security, public health and other committee, also can not set, is responsible by the neighborhood committee members.

(3) the residents assembly: 18, to discuss and decide on major issues involving the interests of all the residents.

(4): Residents residents convention meeting to discuss formulating, reported to the people's government city not divided into districts, municipal districts or its agencies for the record.

Different point

Citizen

People

Different nature

Citizens and foreigners (including stateless persons) correspondingLegal concept

The people are the enemy with the correspondingPolitical concept

A range of different

Citizen range than the people's Square

Hostile does not include people

Effects of the different

Citizens in the enemy cannot enjoy all the civil rights, also cannot perform certain duties of citizens

Citizens enjoy all the rights prescribed by the Constitution and the law and perform all obligations

(1) constraints on the legislative power

The basic requirements of the legislation of the modern country ruled by law is the defending and respecting human rights, fundamental rights effect direct constraint legislators and legislative process.

(2) the restriction to administrative power

The relevant administrative activities should reflect the value of fundamental rights, the constitutional guarantee of administrative power.

(3) to restrict the judicial power

Justice is the last barrier to protect human rights, judicial activities must reflect the value of fundamental rights. The starting point of modern judicial power operation and the ultimate goal is to realize the constitutional protection of human rights value.

As a constitutional principle, an important guiding role in China's legislation.

It is beneficial for state organs and their staff to establish human rights consciousness.

The coordinated development of the guidance of man and society;

The coordinated development of the human and environmental and resource guide.

1 Equal Rights

Our country is only 1954 and 1982 Constitution provides for equal rights. But the two constitution description about equal rights, citizens of the people's Republic of China shall be equal before the law "in the constitution of 1954". Citizens of the people's Republic of China are equal before the law "provisions of the existing constitution".

2 political rights and freedom

The right to vote and to be elected

Election entitled conditions: China citizen, 18 years of age, have not been deprived of political rights, ruled out: after the election commission confirmed that after the election was not included in the list of mental patient; ② for counter revolution or other serious criminal detention, are subject to investigation, prosecution, trial, the procuratorate, the court decided, custody stop exercising their right to vote.

Speech, publication, assembly, association, March

3 supervision right and right of compensation

Right of supervision

Criticism, suggestions, complaints, prosecution, appeal

Right of compensation

4 freedom of religious belief

(1) meaning: citizens enjoy freedom of religious and non religious, religious now before the freedom not to believe in religion, have different religious freedom, religious sects in a religious freedom.

(2) China's religious bodies and religious affairs are not subject to interference by foreign powers, the principle of autonomy. The religion is a personal matter, any organization or individual may compel others to religious or not, shall not discriminate against religious or not citizens.

5 personal freedom

(1) general personal freedom includes four kinds, namely the narrow sense of personal freedom, as well as from the narrow sense of personal freedom the freedom that human dignity is not violated, inviolability of the residence, the freedom and privacy of correspondence shall be protected by law.

(2) the narrow personal freedom is freedom of body, mainly refers to the citizen body unlawful infringement.

(3) the right of life

The right to life is the constitution basic right value system of the foundation and starting point;

The person has the right to the right to life as the basis, the defense of state power in any form to life right infringement;

The state has a legal obligation to protect citizens' right of life: on the one hand can't infringe citizen's right of life; on the other hand, for the protection of right of life provide positive conditions;

The violations of the right to life, the victim has the right to put forward to protect the request to the state, but this claim is not absolute, to provide the necessary protection of life right country can only request.

(4) human dignity is not violated the fundamental rights of citizens is a kind of new increase in the current constitution of our country.

(5) inviolability of the residence. "Housing" is not a physical sense of residential, but the legal sense of residential, it refers to the residential inside the private life of the security right. Provisions of the constitution of our country there are two main types of organ may enter the "house" is the procuratorial organs and the public security organs (including the state security organs), two reasons why these two organs can enter the residence is the criminal investigation needs and the needs of national security, based on these two reasons they can enter the "residential" search and seizure otherwise, any person may enter into others "residential", secret right interference, infringement of private life.

(6) the freedom and privacy of correspondence: communication freedom and communication secret protected by the constitution is the principle; in addition to the national security and criminal investigation based on, the state security organs, the public security organs and procuratorial organs can restrict the.

6 social and economic, cultural and educational rights

(1) property rights. The legitimate private property of citizens are not violated.

(2) the labor rights. Labor is both a right and an obligation.

(3) the right to rest. The main right of rest is working.

(4) life guarantee right. Subject: the staff of enterprises and state organs.

(5) the material help right. Condition: old age, illness, lost the ability to work.

(6) the right to education. Both rights and obligations.

(7) cultural freedom and rights. Engaged in scientific research, literary and artistic creation.

7 specific rights

(1) women's rights

(2) marriage, family, mother, children, elderly rights;

(3) the overseas Chinese, returned overseas Chinese and their families Rights: countries protect the overseas Chinese, returned overseas Chinese and their families benefit: protect the overseas Chinese of "legitimate interests", to protect the legitimate interests of Returned Overseas Chinese and their families "".

(4) the foreigners, stateless persons rights

1 to safeguard national unity and national unity

Any citizen has the obligation to safeguard national unity and national unity.

The 2 tax law

Every citizen should in accordance with the law to pay taxes according to law

The 3 discipline

Abide by the Constitution and the law, keep state secrets, protect public property, observe labour discipline, observe public order, respect social ethics.

4 to safeguard national security, honor and interests

Every citizen should maintain safeguard national security, honor and interests

The 5 military service in accordance with the law

The defence of the motherland, to perform military service and join the militia

6 other obligations

The five big duty: 1. Labor is not only the rights of citizens, and the obligations of citizenship. The education is not only the rights of citizens, and the obligations of citizenship. The couple have the duty to practise family planning. The parents education minor children, adult children to support and assist their parents.

1 the principle of democratic centralism

(1) in the relationship between state agencies and the people aspects: reflecting the state power comes from the people, by the people's national institutions;

(2) the relationship between the organs of state power and other state organs: the organs of state power is the core, the other state organs are generated by it, be responsible for it, subject to its supervision;

(3) the relationship between the central and local state organs in the following: "under the unified leadership of the central government, give full play to the initiative, enthusiasm of the local authorities" principle.

The 2 principles of the rule of law

Requirements of state organs in their organizations and activities are in accordance with the law, not by individual leaders of personal will, not at the policy instead of the law.

3 the principle of responsibility

The principle of liability is refers to the central state organs and their staff, for his decision, exercise their functions and powers, the duties of the results, must bear the responsibility.

(1) the central state organs and system of accountability for:

The National People's Congress is responsible to the people, each one representing are subject to supervision by the units which elected them, the electoral units may at any time to recall the deputies they elected;

The highest organ of State Administration, the highest organ of the state judicial, procuratorial and the highest organ of state supreme national military leading organ is responsible to the National People's Congress and its standing committee.

(2) China's responsibility mainly collective responsibility and individual responsibility system in two forms.

The collective responsibility: the need to reflect the common will or judgment of the legislature and the judiciary common will, must use the democratic style of decision making.

The system of personal responsibility: the need for accountability, efficiency of the administrative, military authority, it is best to use centralized based decision-making method.

Nature

The highest organ of state power

Form

Province, autonomous region, municipality directly under the central government, the military, the National People's Congress of Hongkong and the District of Macao elected representatives; 3000, 1. (the National People's Congress Standing Committee to determine the quota allocation)

Term of office

5 years.

Conference system

(1) to convene the meeting of the Standing Committee of National People's Congress deems necessary;: more than 1/5 of the National People's Congress proposed.

(2) the presidium elected: the preparatory meeting, the preparatory meeting presided over by the Standing Committee of National People's congress.

(3) present personnel: members of the State Council, the Central Military Commission composed of personnel, the supreme law of the most high, attorney; responsible for other relevant organs, organizations, by decision of the presidium, may attend meetings of the National People's congress.

Powers

(1) to amend the constitution, supervise the implementation of the constitution.

(2) the formulation and revision of the National Basic Law: "basic law" mainly includes: civil law, criminal law, procedure law, organic law, electoral law, the law on regional national autonomy, the Special Administrative Region of the legislation

(3) the election and removal of national leaders:

The scope of state functionaries of the National People's Congress election include: President, vice chairman of NPC Standing Committee members; (Chairman, vice chairmen, secretary general and members of the Central Military Commission); chairman, President of the Supreme People's court, the Supreme People's Procuratorate procurator

The scope of state functionaries II decided by the National People's Congress include: according to the president's nomination, decision of the State Council prime minister; according to the nomination by the premier decided to Vice Premier, state councilor, various ministries and commissions, the auditor general and the Secretary General candidate; according to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission

The National People's Congress has the power to recall the personnel including personnel in II.

(4) the approval or decision on important state affairs: for example, approved by the provincial, autonomous region, or municipality directly under the central government set up the system; and the system determines the Special Administrative Region; decide on questions of war and peace.

(5) the highest oversight: such as administration caused by the election authority, to listen to and consider the Standing Committee of National People's Congress, the State Council, the supreme law, the Supreme People's work report. Have the right to change or cancel the NPC Standing Committee to make inappropriate decisions.

(6) shall be other functions and powers as the highest organ of state power to exercise

Query case

The main: 1 delegations; more than 30 representatives; members of Standing Committee of National People's Congress for more than 10 people.

Object: the State Council inquiries, ministries and commissions under the State Council; the supreme law; the most high.

Nature

The National People's Congress Standing organ; the highest authority intersession

Form

The chairman, vice chairman, the Secretary General of several people, some members. By(          )Election.

Term of office

5 years. Until a new Standing Committee of National People's Congress stop. The chairman, vice chairman elected not exceeding 2.

Conference system

(1) the Standing Committee meeting, once in February, convened and chaired by the chairman.

(2) the Council of chairmen: Chairman, vice chairman, the Secretary General. By the chairman to convene and preside over, can also be commissioned by the vice chairman chaired the meeting. Mainly responsible for handling the Standing CommitteeImportantRoutine.

Powers

(1) the legislative power: enact laws outside the basic law; add to amend basic laws, but not the basic principles and the legal conflict.

(2) the Constitution and the power of legal interpretation.

(3) supervision

The legislative supervision power:

The National People's Congress Standing Committee have the right to cancel the formulated by the State Council with the constitution, in contravention of the laws of administrative regulations, decisions and orders. But may not change.

It has the power to enact the organs of state power of provinces, autonomous regions, municipalities directly under the central government revoked with the constitution, laws and administrative regulations conflict with local regulations and resolutions. But may not change.

Work supervision: Supervision of the State Council, the supreme law, the Supreme People's work; way: listen to a work report, carry out law enforcement inspection, case supervision, organization special will, inquiry etc..

(4) the decision on major issues such as decision: the appointment and removal of plenipotentiary representatives abroad; if the decision with foreign treaties and abrogation; provisions and decisions confers state medals and titles of honor; decided to pardon; decisionNational general mobilization or partial mobilizationDecisionThe individual province, autonomous region or municipality directly under the central government, the state of emergencyWait.

(5) the power of appointment and removal of personnel:

During the National People's Congress in session, the Standing Committee of the NPC has the right according to the nomination by the premier, the minister, the chairman of the committee, the auditor general, the Secretary General candidate;

According to the chairman of the Central Military Commission's nomination, determines the choice of the other members of the Central Military commission;

According to the president of the Supreme People's court for the appointment, vice president, judges, members of the judicial committee and the president of the military court;

According to the procurator general of the Supreme People's Procuratorate to be long, deputy chief procurators, procurators, the members of the procuratorial committee and the military procuratorates, and the approval of the provincial, autonomous region, municipality directly under the central government, people's Procuratorate or.

Query case

(1) the time and subject: Standing Committee meeting, the Standing Committee members more than 10

(2) the object: the State Council and the State Council ministries, commissions; the supreme law, the Supreme court.

(3) the process: by the chairman of the meeting decided to pay from the organ in question or make a written reply, leaders of the organs in the meeting of the Standing Committee or the relevant special committee meeting oral reply

Nature

The permanent working body to the national legislature election

Form

Chairman of the 1, vice chairman of several people, some members. By the National People's congress presidium fromOn behalf ofNominated by the general assembly.

Job responsibilities

(1) consideration of the National People's Congress Standing Committee of National People's Congress Presidium or delivery of the bill

(2) to the National People's Congress or the Standing Committee of the NPC PresidiumPut forward a motion

3.ConsiderationThe NPC Standing Committee delivered considered conflict with the constitution, laws, administrative regulations of the State Council decisions and orders; orders, instructions, ministries and commissions under the State Council regulations, provincial authorities of local laws and regulations, the resolution; decided, ordered the provincial government and the rules and regulations

(4) consideration of the National People's Congress or the Standing Committee of National People's Congress Presidium delivery inquiries, listen to reply, submit a report to the delivery organs when necessary

(5) on the investigation of the National People's Congress or the Standing Committee belongs to the scope of the related with the committee's questions, suggestions

Classification

Permanent

9: national, legal, financial, education, foreign affairs, overseas Chinese Affairs, legal, environmental and resources protection, agriculture and Rural Affairs Committee

Temporary

Such as special will

Term of office

5 years

Right

(1) attended the meeting, to participate in the discussion and decision

(2) put forward proposals, suggestions and comments right: 1 delegations or 30 or more deputies

(3) and ask the right question right: 1 delegations or 30 or more deputies

(4) put forward the recall right: object: members of Standing Committee of National People's Congress, President, vice president, members of the State Council, the Central Military Commission, the supreme law of the members, President of the Supreme People's procurator.

(5) physical security right: state subsidies and material facilities.

(6) the speech exemption: various meeting, a vote will not be investigated by law.

(7) the right to personal security:

During the National People's Congress meeting in the people's Congress at the corresponding level, without the agreement of the presidium of the National People's Congress, during the meeting, the Standing Committee of National People's Congress without the license, not affected byArrest and criminal trial;

If that is theActive criminalsIn custody, also want to the chairman of the National People's Congress or the Standing Committee of National People's Congress report timely.

For other restriction of personal freedom of the mandatory measures such as administrative detention, residential surveillance, judicial detention, labor reform should be licensed.

Obligation

Abide by the law, keep state secrets, assist in the implementation of the Constitution and the law; maintain close contact with the units that elected them and the masses; accept the electoral units and supervision by the masses.

Nature

State organs, state.

Produce

The National People's Congress election. 45, have the right to vote and to be elected, China citizens.

Term of office

5 years, elected not exceeding 2.

Powers

(1) to promulgate laws, orders.

(2) the appointment and removal of(    ) membersAnd plenipotentiary representatives abroad. (according to the National People's Congress or the Standing Committee of the NPC's decision)

(3) foreign affairs. On behalf of Chinese state activities.

(4) the right of honour. Awarded the state medals and titles of honour. (according to the National People's Congress Standing Committee decision)

Lack of recovery

(1): the vice president succeeds to the office of president.

(2) the vacancy by election vice chairman, National People's congress.

(3) vice chairman, are absent, the by election by the National People's Congress, before the election by Chairman of the NPC Standing Committee temporarily.

 Nature

The Central People's government, the highest executive authority, the Supreme Administrative organ.

Form

Vice Prime Minister, some people, some people, State Councilor of each ministries and commissions, the auditor general, the Secretary General

Term of office

5 years. The prime minister, deputy prime minister, State Councilor elected not exceeding 2.

Leadership system

The prime minister is in charge of the.

Conference system

(1) plenary meeting: the State Council staff.

(2) the executive meeting of the State Council: the prime minister, deputy prime minister, member of the State Council, the Secretary General.

Powers

(1) the legislative power. According to the Constitution and the law enforcement of the administrative regulations, decisions and orders issued.

(2) put forward a motion.

(3) the leadership and supervision. The unified leadership of the ministries and local state administrative organs.

(4) the right of defense, civil affairs, management: cultural, economic and other work of the leadership and management rights; foreign affairs management right.

(5) decide major matters: the province, autonomous region, municipality directly under the central government, regional division; establishment and geographic division of autonomous prefectures, counties, autonomous counties and city of the state of emergency; decide parts of province, autonomous region, municipality directly under the central government within the range into the.

(6) the power of appointment and removal of personnel. The preparation of audited agencies, appointment and removal, in accordance with the law, training, examination and rewards and punishments administrative personnel.

The ministries and commissions

The state administrative organs in charge of specific aspects. Its establishment, cancellation or merger by(  )Put forward,The National People's CongressInter sessional by decisionThe Standing Committee of the NPCDecision. The minister, the chairman of the committee shall bePrime MinisterNomination.The National People's Congress or the Standing Committee of the NPCThe appointment and removal of personnel appointment and removal, the other by the state council.

Audit organs

The Audit Commission, in charge of national audit.

Nature

The highest leading organ of national armed forces

Form

The chairman, vice chairman of several people, some members

Term of office

5 years, reelection

Leadership system

The president responsibility system

Nature

Local organs of state power, administrative organs, judicial organs, procuratorial organs by the election, responsible to it, subject to its supervision

Position

In the first place in the national institutions

Composition and mandate

Direct and indirect election; a term of 5 years

Powers

(1) compliance and enforcement of the constitution, laws, administrative regulations and the higher authority's decision, ensure the state plans and budget execution

(2): right to the appointment and removal of election and recall the local functionaries of the state organs or leadership

(3) the decision on major issues

(4) supervision: Supervision and other places of the work of state organs, including the NPC Standing Committee, the government, court, procuratorate

(5) the protection of various rights

(6) the municipal level and at the Congress can enact local laws and regulations, reportThe NPC Standing Committee and the State Council for the record

Conference system

The NPC Standing Committee convened, at least once a year, the preparatory meeting of the Presidium and secretary general election; convene an interim meeting shall(   )Representatives proposed above

Work program

(1) Bill

Joint presidium, standing committee, each specialized committee, the government at the corresponding level, at or above the county level people's congresses at all levels of more than 10 people; people's Congress Township, nationality township, the town more than 5 joint

(2) the election and removal of

Election of theA bicameralThe leaders of the presidium, standing or1/10The above represents the joint, can put forward to the component members of the Standing Committee and government and leaders of the recall

The township: the presidium or1/5Above the deputies for the people's congresses, the chairman, vice chairman, (deputy) mayor, mayor (vice) recall

(3) and ask questions

On behalf of(  )Or more deputies may submit a written proposal to the people's government at the corresponding level and its various departments as well as the court, procuratorate inquiries

The Committee and the special commission of inquiry

The chairman, vice chairmen, members nominated by the presidium from among the deputies, adopted by the General Assembly at or above the county level people's Congress after(  )Or(   )The representative drew, can organize investigation committee on specific issues

Nature

A permanent organ of the people's congresses, the township does not set the Standing Committee

Form

Provincial and municipal

Deputy director, director of a number of people, the secretary general, member of a number of people, including the director, deputy director, Secretary General of the meeting of directors, is responsible for handle the important day-to-day work

County-level

Deputy director, director of several people, some members, including Deputy Director Director Director meeting, composition

Term of office

5 years

Powers

(1): the Municipal People's Congress Standing Committee legislative level is larger can formulate local regulations, report to the NPC Standing Committee and the State Council for the record

(2) the decision on major issues

(3) supervision: supervision level government, the court and the procuratorate work

4.Power of appointment and removal of personnel

(1) the decision

During the people's Congress at the corresponding level meeting, decide the appointment and removal of individual government deputy;

The procuratorate chief unable positions, decided to represent from the secondary vocational;

The decision shall be submitted to the procurator general, people's procuratorates at higher levels and the people's Congress Standing CommitteeKeep on record.

2 Ren Mianquan

According to the government at the head of the nomination, appointment and removal of the decision of Government Secretary General, director, secretary, committee director, chief, report to the superior government for the record;

According to the provisions of the court and the procuratorate organization law, or the court vice president, President, vice president, audit committee members, appointment and removal of the judges; Deputy procurator general, members of procuratorial committee, procurators, approved the appointment and removal of the next level procuratorate long.

The provincial people's Congress Standing Committee on the basis of the nominations, decided in the province, autonomous region or in the region to set up and set up in the municipality directly under the central government, the intermediate people's court; according to the province, autonomous region, or municipality directly under the central government of the people's Procuratorate nomination, appointment and removal of the decision of a people's Procuratorate branch length.

(3) the right to revoke the

During the people's Congress at the corresponding level meeting, decided the government deputy individual revocation;

The decision to withdraw from the other members appointed by the government and court vice president, the president, vice president, members of the judicial committee, judge;'s Procuratorate deputy chief procurators, procurators, members of Procuratorial Committee; intermediate people's court, the people's Procuratorate president of the branch office.

Nature

Executive organs of the local authority, administrative organs at all levels, under the unified leadership of the State Council

Form

Provincial and municipal: governors and deputy governors, chairman, vice chairman of the autonomous region, the mayor, deputy mayor, governor, vice governor and secretary general, director, secretary, committee chairmen

County-level: county magistrate, deputy magistrate, mayor, deputy mayor, governor, vice mayor and chief, section chief

The township: township head, deputy mayor, the mayor, deputy mayor

Implement the responsibility system of chief

Term of office

5 years

Powers

(1) the legislative power of the provincial government, the provincial government: Special Economic Zone, is the location of the city and the State Council approved the larger City Hall may make rules

(2) the power of appointment and removal of personnel

(3) the administrative right to work

Working system

Plenary Session: all the members of the government at the corresponding level

Standing conference: (1) the provincial and municipal: deputy heads and the Secretary General; (2) the county: Deputy Chief

Convened by the respective heads and presided over

Work Department

(1) the provincial government office, bureau, the establishment of the Commission, increase, decrease or merger by the government at the corresponding level, newspaper(    )The approval, reported to the NPC Standing Committee for the record

(2) the establishment of government departments, increase, reduce or merger, by the level of government report(    )The approval, reported to the NPC Standing Committee for the record

(3) audit institutions shall establish governments at or above the county level, theThe government at the corresponding level and the auditing organBe responsible for

Agencies

(1) administrative office: the people's Government of a province, autonomous region can be set up, byThe State CouncilApproval

(2) District Office: County, Autonomous County People's Government may set up,The people's government at the provincial levelApproval

(3) Street office: City area, set up a city not divided into districts,The people's government at a higher levelApproval

The 1 amendment to the constitution, the way

(1) the comprehensive revision

(2) part of the revised

Procedures for modifying the 2, of our Constitution

(1) subject: the National People's congress;

(2) the proposal subject: the NPC Standing Committee or 1/5 above the National People's congress;

(3) the majority of the request: 2/3;

(4) reported: the National People's Congress promulgated.

The legislative interpretation

FromBritainOur country also.

Judicial interpretation

FromUSA; the process of the court in adjudicating cases with review of the applicable law is unconstitutional, such as unconstitutional and refused to apply.

The specialized agencies to explain

Specialized agencies of the constitutional court, Constitutional Council organs. The establishment of the Constitutional Council of France; Austria, Spain, Germany, Italy, Russia, South Korea, the establishment of the constitutional court.

The legislative protection

FromBritainOur country also.

The judiciary guarantee

FromUSA.

Specialized agencies guarantee

FromFranceEstablished in 1799, law of the senate. The Constitutional Council of France and Germany's constitutional court is a typical.

Prior review and post review

Prior review: normative documents are not issued prior to the implementation, by the authorities to.

After the examination: after the normative documents issued, the main questions about its constitutionality, the competent organs of.

The incidental review and constitutional complaint

The incidental review: the judicial organ to adjudicate a case in the process, the parties or the judiciary in case a normative document questioned the constitutionality, by the authorities for review.

Constitutional complaint: lodged a complaint with the constitutional court or other authority in the constitutional rights of citizens harm, the relevant behavior of constitutionality review.

The political security

The leadership of the party

Legal safeguard

The constitution is the fundamental law, which has the highest legal effect, modify the program strictly.

System security

(1) the security organs: Legislative protection. Established by the constitution of 1954.

(2) security: prior review combined with post review

The prior review: such as autonomous regulations and separate regulations of autonomous areas. Local laws and regulations of the bigger city.

The post review: such as the National People's Congress has the right to change or revoke the decision of the National People's Congress is not appropriate; the National People's Congress Standing Committee have the right to cancel the formulated by the State Council with the constitution, in contravention of the laws of administrative laws, administrative regulations, decisions and orders, have the right to cancel the authority of province, autonomous region, or municipality directly under the central government formulated with the constitution, laws and administrative regulations conflict with local laws and resolutions.