The State Council is the highest state organ of administration.
The Constitution prescribes the following functions and rights for
the State Council:
1.
To adopt administrative measures, enact administrative rules and
regulations and issue decisions and orders in accordance with the
Constitution and law;
2.
To submit proposals to the National People's Congress or its
Standing Committee;
3.
To stipulate the tasks and responsibilities of various ministries
and commissions, exercise unified leadership over the work of the
ministries and commissions and direct all other administrative work
of a national character that does not fall within the jurisdiction
of any specific ministries or commissions;
4.
To exercise unified leadership over the work of local organs of
state administration at various levels throughout the country, and
to formulate the detailed division of functions and powers between
the Central Government and the organs of state administration of
provinces, autonomous regions, and municipalities directly under
the Central Government;
5.
To draw up and implement the plan for national economic and social
development and the state budget;
6.
To direct and administer economic affairs and urban and rural
development;
7.
To direct and administer the affairs of education, science,
culture, public health, physical culture and family planning;
8.
To direct and administer civil affairs, public security, judicial
administration, supervision and other related matters;
9.
To conduct foreign affairs and conclude treaties and agreements
with foreign states;
10. To direct and administer the building of national defense;
11. To direct and administer affairs concerning ethnic groups and
to safeguard the equal rights of the minorities and the right to
autonomy of ethnic autonomous areas;
12. To protect the legitimate rights and interests of Chinese
nationals residing abroad and protecting the rights and interests
of returned overseas Chinese and of the family members of Chinese
nationals abroad;
13. To alter or annul inappropriate orders, directives and
regulations issued by the ministries or commissions;
14. To alter or annul inappropriate decisions and orders issued by
local organs of state administration at various levels;
15. To approve the geographic division of provinces, autonomous
regions and municipalities directly under the Central Government,
and to approve the establishment and geographic division of
autonomous prefectures, counties, autonomous counties and
cities;
16. To decide on the imposition of martial law in parts of
provinces, autonomous regions, and municipalities directly under
the Central Government;
17. To examine and decide on the size of administrative organs and,
in accordance with the law, appoint or remove administrative
officials, train them, appraise their performance and reward or
punish them; and
18. To exercise such other functions and powers as the National
People's Congress or its Standing Committee may assign to it.
(China.org.cn May 20, 2003)