Describe the powers and functions of central executive of China.

(1) Introduction

Every state has its own state structure, and its constitution usually specifies its state structure. Similarly, Constitution of China also specifies state structure of China. The Chinese Constitution presents a number of state institutions. Among these institutions, State Council is executive institution of China. The State Council is also known as the Central People’s Government. It is the executive organ of the highest state organ of power; it is the highest state administrative organ.

(2) Powers & Functions Of Central Executive

Article 89 of Constitution of China describes powers and functions of central executive of China:

  • (i) Administrative measures
  • (ii) Administrative regulations
  • (iii) Decisions & orders
  • (iv) Proposals
  • (v) Missions & responsibilities of ministries & commissions
  • (vi) Unified leadership over work of ministries & commissions
  • (vii) National administrative work
  • (viii) Unified leadership over work of local state administrative organs
  • (ix) Division of functions & powers
  • (x) Plans for national economic & social development
  • (xi) Plans for state budgets
  • (xii) Economic work
  • (xiii) Urban & rural development
  • (xiv) Ecological conservation
  • (xv) Education, science & culture
  • (xvi) Health, sports & family planning work
  • (xvii) Civil affairs, public security & judicial administration
  • (xviii) Foreign affairs, treaties & agreements
  • (xix) Development of national defense
  • (xx) Ethnic affairs
  • (xxi) Protection of equal rights of ethnic minorities
  • (xxii) Protection of power to self-govern
  • (xxiii) Legitimate rights & interests of overseas Chinese nationals
  • (xxiv) Lawful rights & interests of returned overseas Chinese nationals
  • (XXV) Lawful rights & interests of family members in China of overseas
  • (xxvi) Chinese nationals Inappropriate orders, directives & regulations
  • (xxvii) Geographic division of provinces, autonomous regions & cities
  • (xxviii) Establishment & geographic division of autonomous prefectures, counties, autonomous counties & cities
  • (xxix) Imposition of emergency
  • (XXX) Staff size of administrative organs
  • (xxxi) Administrative personnel
  • (xxxii) Other functions
  • (xxxiii) Other powers

(i) Administrative Measures

It stipulates administrative measures in accordance with the Constitution and the law.

(ii) Administrative Regulations

It formulates administrative regulations in accordance with the Constitution and the law.

(iii) Decisions & Orders

It issues decisions and orders in accordance with the Constitution and the law.

(iv) Proposals

It submits proposals to the National People’s Congress or the National People’s Congress Standing Committee.

(v) Missions & Responsibilities Of Ministries & Commissions

 It stipulates the missions and responsibilities of the ministries and commissions.

(vi) Unified Leadership Over Work Of Ministries & Commissions

It exercises unified leadership over the work of ministries and commissions.

(vii) National Administrative Work

It directs national administrative work that does not fall within the responsibilities of the ministries and commissions.

(viii) Unified leadership over work Of Local State Administrative Organs

It exercises unified leadership over the work of local state administrative organs.

(ix) Division Of Functions & Powers

It stipulates the detailed division of functions and powers between the central government and state administrative organs in provinces, autonomous regions and cities directly under central government jurisdiction.

(x) Plans For National Economic & Social Development

It draws up and implements plans for national economic and social development.

(xi) Plans For State Budgets

It draws up and implements plans for state budgets.

(xii) Economic Work

It directs and manages economic work.

(xiii) Urban & Rural Development

It directs and manages urban and rural development.

(x) Ecological Conservation

It directs and manages ecological conservation.

(xv) Education, Science & Culture

It directs and manages education, science and culture.

(xvi) Health, Sports & Family Planning Work

It directs and manages health, sports and family planning work.

(xvii) Civil Affairs, Public Security & Judicial

It directs and manages work such as civil affairs, public Administration security and judicial administration.

(xviii) Foreign Affairs, Treaties & Agreements

 It manages foreign affairs and concludes treaties and agreements with foreign countries.

(xix) Development Of National Defense

It directs and manages the development of national defense.

(xx) Ethnic Affairs

It directs and manages ethnic affairs.

(xxi) Protection Of Equal Rights Of Ethnic Minorities

It protects the equal rights of ethnic minorities.

(xxii) Protection Of Power To Self-Govern

It protects the power to self-govern of ethnic autonomous areas.

(xxiii) Legitimate Rights & Interests Of Overseas Chinese Nationals

It protects the legitimate rights and interests of overseas Chinese nationals overseas.

(xxiv) Lawful Rights & Interests Of Returned Overseas Chinese Nationals

It protects the lawful rights and interests of returned overseas Chinese nationals.

(xxv) Lawful Rights & Interests Of Family Members In China Of Overseas Chinese Nationals

It protects the lawful rights and interests of the family members in China of overseas Chinese nationals.

(xxvi) Inappropriate Orders, Directives & Regulations

(a) Ministries Or Commissions

It changes or revokes inappropriate orders, directives and regulations that ministries or commissions issue.

(b) Local State Administrative Organs

It changes or revokes inappropriate decisions and orders that are issued local state administrative organs at all levels.

(xxvii) Geographic Division Of Provinces, Autonomous Regions & Cities

It approves the geographic division of provinces, autonomous regions and cities directly under central government jurisdiction.

(xxviii) Establishment & Geographic Division Of Autonomous Prefectures, Counties, Autonomous Counties & Cities

It approves the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities.

(xxix) Imposition Of Emergency

It decides on entering a state of emergency in parts of provinces, autonomous regions and cities directly under central government jurisdiction.

(XXX) Staff Size Of Administrative Organs

It reviews and decides on the staff size of administrative organs.

(xxxi) Administrative Personnel

It appoints or removes, trains, evaluates, and awards or punishes administrative personnel.

(xxxii) Other Functions

It performs those other functions that the National People’s Congress and the National People’s Congress Standing Committee give it.

(xxxiii) Other Powers

It exercises those other powers that the National People’s Congress and the National People’s Congress Standing Committee grant it.

(3) Conclusion

It can be finally stated that the state structure of China is different from state structures of other countries in many ways. The state structure of China is unique because it has been established with Chinese characteristics. Such uniqueness can be observed in the composition, powers and functions of its central executive that is State Council.

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