Anita Boros, Gyula Koi (eds): Sustainability and Law
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8.Other socio-legal, historical and general aspects
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8.5. Local governments, sustainability, resilience, world pandemic, war and crisis. A case study on two non-European countries (Gyula Koi)
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8.5.1. The People’s Republic of China
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8.5.1.1. Legal grounds

8.5.1.1. Legal grounds

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The separation of the regional and local levels, according to Xu, a Chinese constitutional legal scholar, reflects the division of state power into central and local tiers, a framework that contrasts the unitary theory of popular sovereignty.1

Jegyzet elhelyezéséhez, kérjük, lépj be.!

Laws, administrative and local regulations cannot be contrary to the Constitution (Article 5 of the Constitution 1982). The National People’s Congress is the supreme organ of state power, the legislative organ, the Parliament of the People’s Republic of China. People’s assemblies appear at national, local and grassroot levels of public administration . The National People’s Congress is located at the national level. Local people’s assemblies consist of provincial people’s assemblies, county (prefecture) people’s assemblies, and district people’s assemblies. The grassroots level includes small-town people’s assemblies. Local people’s assemblies are local organs of state power with autonomy. The members of the people’s assemblies are elected by the people, who exercise popular control over them.2

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The residents’ committees or village committees established by the residents of cities and villages in their territories are autonomous grassroots community organisations. The chairmen, vice-chairmen, and members of the residents’ committees and village committees are elected by the residents. The mutual relationship of the residents’ committees and village committees with the grassroots political power is regulated by law. “The residents’ committees and village committees shall establish their own people’s mediation, public order, public health and other committees, administer the public affairs and useful matters of their residential areas, conduct civil dialogue, contribute to maintaining public security, and jointly respond to the ideas, requests and proposals of the community with the people’s government.” (Articles 95-111 of the Constitution). A mention of local-area people’s assemblies (local parliaments) was already made in a very early constitutional document of the People’s Republic of China.3

Jegyzet elhelyezéséhez, kérjük, lépj be.!

On July 1, 1979, the Central Committee of the Communist Party of China decided to amend the provisions of the 1978 Constitution on people’s assemblies at the local level and to enact a new organic law on people’s assemblies at the local level.4

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The establishment of local people’s assemblies and people’s governments is in accordance with the territorial division of the country. In the given areas, these organs ensure the enforcement of laws, regulations, and other legal instruments of state governance. Members of local people’s governments are elected by local people’s assemblies. They are also subject to recall. The same applies to the election and recall of presidents of people’s courts and chief prosecutors of people’s procuratorates operating at a given level. In accordance with the Constitution, laws, administrative regulations (other legal instruments of state governance), and local organs plan and formulate their own local regulations. Local people’s governments are local organs of state power, which carry out their work under the leadership of the State Council and are accountable to the relevant territorial (local) people’s assembly.5

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The Organic Law of the People’s Republic of China on the People’s Congresses and People’s Governments of the People’s Republic of China, which came into effect on March 11, 2022, and which is based on the 1979 Constitution, provides the following powers and functions for municipalities, ethnic municipalities (which are mainly inhabited by minorities), and cities. The municipal, ethnic, and city people’s congresses shall exercise the powers and functions, as described in the footnote in great detail6 The law shall adequately regulate the people’s congresses.7
1 Xu, C. ed. (1996). Chongguo xianfa. [Chinese Constitutional Law]. (Beijing:People’s University Press). 43-43.
2 Lin, F. ed. (2000). Constitutional Law in China. (Hong-Kong-Malaysia-Singapore:Sweet and Maxwell Asia). 62-63. (Point 3.23.). ISBN 978-962-6610-51-0
3 This is the text of Article 12 of the 1949 Joint Program. Quoted: lin (2000) op. cit. 67. (sub-point 3.29.) footnote 124.
4 lin (2000) op. cit. 68. (sub-point 3.29.).
5 Qi, W. (2000). Kína. [China]. Transl. from Chinese: Lukács, É. Rev.: Galla, E., Mao, S., Simon, A., Zhou, D. (Beijing-Budapest:Kínai Népköztársaság Nagykövetsége). 61-62. ISBN no. Suisheng, Z. (1999-2000). Military Coercion and Peaceful Offence: Beijing’s Strategy of National Reunification with Taiwan. Pacific Affairs 72-73(4) 15-30. Koi G. (2016). A Kínai Népköztársaság alkotmány- és közigazgatási jogának egyes kérdései. Szakértői tanulmány a Nemzeti Közszolgálati Egyetem számára. (Kézirat). [Some Issues of Constitutional and Administrative Law of the People's Republic of China. Expert Study for the National (Ludovika) University of Public Administration. (Manuscript).]. (Budapest:Nemzeti Közszolgálati Egyetem). 5-7.
6

„Article 12 (1) They shall ensure compliance with and implementation of the Constitution, laws, administrative regulations, and decisions of the people's congresses at higher levels and their standing committees within their respective administrative areas;

(2) They shall adopt and promulgate decisions within their respective state powers and responsibilities;

(3) They shall decide on economic, cultural and public service development plans and projects within their respective administrative areas in accordance with national plans;

(4) They shall examine and approve budgets and reports on their implementation within their respective administrative areas, supervise the implementation of budgets at the relevant levels, examine and approve plans for adjusting budgets at the relevant levels, and examine and approve final accounts at the relevant levels.

(5) They shall decide on plans for civil affairs within their respective administrative areas;

(6) elect the chairmen and vice-chairmen of the people's congresses according to the respective levels;

(7) elect the heads and deputy heads of the municipalities;

(8) hear and discuss the reports on the work of the people's governments of municipalities, ethnic municipalities and cities;

(9) hear and discuss the reports on the work of the presidencies of the people's congresses of municipalities, ethnic municipalities and cities;

(10) annul the inappropriate decisions and regulations of the people's governments of municipalities, ethnic municipalities and cities;

(11) protect the socialist property of the people and the collective property of the workers, protect the lawful private property of citizens, maintain public order, and protect the personal, democratic and other rights of citizens;

(12) protect the lawful rights and interests of all economic organisations;

(13) to consolidate the strong sense of community of the Chinese nation, to promote extensive exchanges and cooperation among ethnic groups, and to protect the legitimate rights and interests of ethnic minorities; and

(14) to ensure all rights granted to women by the Constitution and laws, such as equality between men and women, equal pay for equal work, and freedom of marriage. The people's congresses of municipalities, ethnic municipalities, and cities in which ethnic minorities live in concentrated communities may, in the exercise of their powers and duties, take special measures in accordance with their ethnic characteristics within the limits of their powers as prescribed by law.

Article 13 Local people's congresses at various levels have the right to remove members of the people's governments at the corresponding levels from office. Local people's congresses at or above the county level have the right to remove from office members of their standing committees and chairmen of supervisory committees, presidents of people's courts and the chief prosecutors of people's procuratorates elected by them. The removal of a chief prosecutor of a people's procuratorate shall be reported to the chief prosecutor of the people's procuratorate at the next higher level, who shall submit the removal to the standing committee of the people's congress at the same level for approval.”

7The Organic Law on the People's Congresses and People's Governments of the People's Republic of China, which came into effect on March 11, 2022, and which goes back to 1979, URL: https://en.wikisource.org/wiki/Organic_Law_of_Local_People%27s_Congresses_and_Local_People%27s_Governments_of_the_People%27s_Republic_of_China_(2022) (accessed: 15 May 2023).
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