The local administrative system means the systems and practices of establishing administrative regional divisions and setting up local administrative organs in order to facilitate the implementation of local administration.
I. Administrative division
1. China?s administrative divisions
(1) The entire country is divided into provinces, autonomous regions and municipalities directly under the Central Government;
(2) The provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities;
(3) The counties and autonomous counties are divided into townships, ethnic townships and towns;
(4) The municipalities directly under the Central Government and large cities in the provinces and autonomous regions are divided into districts and counties; and
(5) Autonomous prefectures are divided into counties, autonomous counties and cities.
The Central Government may also set up special administrative regions.
2. Levels of China?s administrative divisions
The two-level system: municipalities under the Central Government----districts;
The three-level system: provinces, autonomous regions and municipalities directly under the Central Government----counties, autonomous counties and cities---townships, ethnic townships and towns;
The four-level system: provinces, autonomous regions and municipalities directly under the Central Government----cities with districts and autonomous prefectures---counties, autonomous counties and cities---townships, ethnic townships and towns.
II. Types of local governments
1. Governments of ordinary local administration
They include the people?s congresses, people?s governments, courts and procuratorates established in the provinces, municipalities directly under the Central Government, counties, cities, districts under cities, townships, ethnic townships and towns.
2. Organs of self-government of ethnic autonomous areas
People?s congresses and people?s governments of the autonomous regions, autonomous prefectures and autonomous counties; judicial and procuratorial organs elected by the people?s congresses of autonomous regions, autonomous prefectures and autonomous counties; and the armed forces organized upon approval of the State Council for the purpose of safeguarding local security.
3. Local governments of special administrative regions
The system of governments of special administrative regions is prescribed by laws enacted by the National People?s Congress.
4. Special types of local governments
The setup of governments of special economic zones, development zones, mining industrial zones and nature reserves is different from administrative organs of other local governments.
III. Provincial governments
1. Provincial governments
Provincial governments are first-level local state administrative organs in China. There are 23 provinces in the country.
Provincial governments must accept the unified leadership of the State Council which has the power to decide on the division of responsibilities between the Central Government and provincial administrative organs. The State Council also has the power to annul inappropriate decisions and orders of provincial governments.
Provincial governments implement local laws, regulations and decisions of the provincial people?s congresses and their standing committees, are responsible to and report on their work to provincial people?s congresses and their standing committees. Provincial people?s congresses and their standing committees have the power to supervise the work of provincial governments, change and annul inappropriate decisions of the provincial governments.
Provincial governments have the power to exercise unified leadership over the work of governments at the levels of the cities, counties, townships and towns under their jurisdiction and to exercise unified administration over economic, social and cultural affairs.
2. Agencies of provincial and autonomous regional governments
Provincial and autonomous regional governments may, when they deem it necessary, send out agencies, upon approval of the State Council.
Their agencies are normally called ?administrative offices?.
The administrative offices, as agencies of the provincial and autonomous regional governments, are not governments themselves. The regions under their jurisdiction are not administrative divisions either. The basic responsibilities of the administrative offices are to provide guidance and coordinate the work of the counties and cities within the regions, on behalf of provincial or autonomous regional governments.
An administrative office has a commissioner, vice commissioners and advisors, appointed and removed by the provincial or autonomous regional governments.
The commissioners are responsible for the overall work of the administrative offices.
The working meetings of administrative offices are attended by the commissioners, vice commissioners, advisors, assistant advisors, secretaries-general and deputy secretaries-general to discuss major issues in the work of the administrative offices. Final decisions are made by the commissioners after the discussions.
Commissioners have no fixed terms of service. Personnel changes are made whenever necessary in light of the work and according to regulations in regard to officials.
The working organs of administrative offices are normally called bureaus which number from 40 to 50 for each administrative office.
VI. Governments in municipalities and cities
1. Governments of municipalities directly under the Central Government
Governments of municipalities directly under the Central Government are first-level local state administrative organs in China.
In China, there are four municipalities directly under the Central Government, namely Beijing, Tianjin, Shanghai and Chongqing.
Governments of these municipalities must accept the unified leadership of the State Council which has the power to decide on the division of power and functions between the Central Government and state administrative organs of municipalities directly under the Central Government. The State Council also has the power to alter or annul decisions and orders made by governments of municipalities directly under the Central Government.
Governments of municipalities directly under the Central Government implement local laws, regulations and decisions of the people?s congresses and their standing committees of the municipalities, are responsible for and report on their work to the people?s congresses and their standing committees. People?s congresses and their standing committees in the municipalities have the power to supervise the work of the governments of municipalities, change and annul inappropriate decisions and orders of municipal governments.
Municipal governments have the right to exercise unified leadership over the work of the districts, cities, counties, townships and towns and exercise unified administration over the economic, social, and cultural affairs in areas under their respective jurisdictions.
2. City governments with sub-provincial ranking
These refer to governments of relatively large cities whose economic plans are separately listed in the national planning, whose administrative status is lower than that of a full provincial government and which are not administratively controlled by provincial governments. These 15 cities are Shenyang, Dalian, Changchun, Harbin, Jinan, Qingdao, Nanjing, Ningbo, Hangzhou, Xiamen, Wuhan, Guangzhou, Shenzhen, Xian and Chengdu.
3. Governments of prefectural-level cities
Profectural-level cities are large and medium-size cities not including sub-provincial level cities. Normally, they are cities with a non-farming population of more than a quarter of a million. Furthermore, the seats of cities have a non-farming population of more than 200,000 each and their industrial production value exceeds 2 billion yuan. They have a relatively advanced tertiary industry whose production value is more than that of the first industry, and makes up more than 35 percent of the GDP in these cities. The revenue in their local budget is beyond 200 million yuan and they have grown into centers of a number of cities or counties.
These governments are responsible and report on their work to the people?s congresses and their standing committees at the same level. They are responsible and report on their work to provincial-level governments and accept the unified leadership of the State council at the same time. They direct the economic, cultural and administrative work of their cities. They also direct the administrative affairs of their entire regions and the work of the counties and county governments in areas under their jurisdiction.
Governments of cities where provincial or autonomous regional governments are located and large cities recognized by the State Council may formulate their administrative regulations in accordance with the law and administrative regulations of the State Council.
4. Prefectural-level cities administering counties and county-level cities
The system of placing counties and county-level cities under the administration of prefectural-level cities means to establish an official local state administrative organ between the province and counties (county-level cities) to form a local administrative mechanism of province----prefectural-level city----county (county-level city)----township (town).
This mechanism requires the prefectural-level city to have the dual functions of administering both rural and urban areas.
Main models of this mechanism:
(1) Merging of prefectures and cities
To merge the administrative office of a prefecture with the government of the prefectural-level city where the office is located to establish a new prefectural-level city government to administer the counties and county-level cities.
(2) Incorporating counties into cities
To incorporate a number of counties and county-level cities in the vicinity of a prefectural-level city into the administration of the latter which previously did not administer the counties.
(3) Elevating the status of counties
To elevate the status of county-level cities or towns into prefectural-level cities, or turn the organs of the administrative office directly into the organs of the prefectural-level city so as to establish a prefectural-level city government to administer counties and county-level cities.
5. Governments of county-level cities
These are city governments established in relatively small areas in conformity with national standards for setting up cities.
County-level cities normally grow from towns within a county or are established in place of originally a county which has been dissolved. These are places with a relatively strong rural administrative color.
Governments of county-level cities are mainly in the following categories:
(1) In areas without an administrative office, they receive leadership directly from provincial or autonomous regional governments;
(2) In areas implementing a system of prefectural-level city administering the county and county-level city or in ethnic self-governing areas with county-level city governments, they receive leadership from the prefectural-level city or the autonomous prefectural government.
Governments of county-level cities administer governments of townships, ethnic townships, and towns. Neighborhood offices may also be established under their leadership.
6. District governments
District governments are urban governments established in districts in municipalities directly under the Central Government, sub-provincial-level cities and prefectural-level cities.
They receive leadership from the governments of municipalities directly under the Central Government, sub-provincial-level cities and prefectural-level cities.
District governments consist of urban district and suburban district governments.
Urban district governments are located within the urban districts and functions as grassroots governments in urban areas. They may have agencies in the form of neighborhood offices.
Suburban district governments, naturally located within suburban areas of cities, administer governments of townships, ethnic townships and towns. They may also establish neighborhood offices.
IV. Rural area governments
1. County governments
County governments are local governments established in rural areas.
They include the following categories:
(1) In areas without administrative offices, county governments receive direct leadership from provincial or autonomous regional governments;
(2) In areas administrative offices have not been and will not be established, and in the four municipalities directly under the Central Government, i.e., Beijing, Tianjin, Shanghai and Chongqing, county governments receive direct leadership from provincial, autonomous regional or municipal governments;
(3) In areas implementing the system of prefectural-level cities administering counties and county-level cities and in ethnic self-governing areas, county governments receive leadership from prefectural-level city or autonomous prefectural governments.
County governments administer the governments of townships, ethnic townships and towns. They may also establish neighborhood offices.
When necessary, county governments may, upon approval of provincial, autonomous regional or municipal governments, set up district offices as their agencies.
2. Governments of townships, ethnic townships and towns
Governments of townships, ethnic townships (both referring to rural areas) and towns (urban centers in rural China) are grassroots governments in rural areas. They receive leadership from governments of counties, autonomous counties, county-level cities and districts.
V. The setup, functions and powers of local governments
1. The composition of local governments
Local governments at various levels exercise the responsibility system of provincial governors, mayors, county governors, and heads of districts, townships and towns.
(1) The composition of provincial and municipal governments
Provinces and municipalities directly under the Central Government have governors, vice governors, mayors, vice mayors, secretaries-general, directors of departments (or bureaus) and commissions.
Provincial governors, vice governors, mayors and vice mayors are elected by the people?s congresses of the provinces and municipalities. Within two months after their election, provincial governors and municipal mayors shall nominate secretaries-generals and directors of departments, bureaus and commissions to peoples? congresses of the provinces and municipalities for appointment and report to the State Council for the record.
When the people?s congresses in provinces or municipalities are not in session, provincial governors or mayors cannot somehow assume their posts, the standing committees of the people?s congresses shall decide on the acting governors or mayors, selected from among the vice governors or vice mayors to serve until the by-election at the next session of the people?s congresses.
When the people?s congresses in provinces or municipalities are not in session, the appointment or removal of individual vice governors or vice mayors are made by the standing committees of the people?s congresses.
Provincial and municipal governments serve a term of five years.
(2) Composition of governments of prefectural-level cities
Governments of prefectural-level cities compose of mayors, vice mayors, secretaries-general and directors of bureaus and commissions.
Mayors and vice mayors are elected by the people?s congresses of the cities.
When the people?s congresses are not in session, the appointment and removal of individual vice mayors are made by the standing committees of the people?s congresses.
Secretaries-general and directors of bureaus and commissions are nominated by mayors within two months after the election of the mayors for decision by the standing committees of the people?s congresses of the cities and reported to the provincial or autonomous regional governments for the record.
Governments of prefectural-level cities serve a term of five years.
(3) The composition of governments of counties, county-level cities and districts
Governments of counties, county-level cities and districts are composed of county governors, vice governors, mayors, vice mayors, district heads and deputy heads and directors of bureaus or sections.
County governors, vice governors, mayors, vice mayors, district heads and deputy heads are elected by the people?s congresses of the counties, cities and districts.
When the people?s congresses of the counties, cities and districts are not in session, the standing committees of the people?s congresses may decide on the appointment and removal of individual vice governors of counties and vice heads of districts and vice mayors.
Directors of bureaus (sections) of governments of counties, county-level cities and districts are nominated by county and district governors and city mayors to the standing committees of people?s congresses for decision and reported to the government at the next higher level for the record.
Governments of counties, county-level cities and districts serve a term of five years.
(4) Composition of governments of townships, ethnic townships and towns
A township or ethnic township or town government has a head and several deputy heads.
The head of an ethnic township government is to be a citizen of an ethnic minority origin.
Heads and deputy heads of townships, ethnic townships and towns are elected by the people?s congresses in the townships, ethnic townships and towns.
Governments of townships, ethnic townships and towns serve a term of three years.
2. Functions, powers and administrative status of local governments
(1) Functions and powers of local governments
Local people?s governments at and above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administrations, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train and make evaluations of their performance and reward or punish them.
People?s governments of provinces and municipalities directly under the Central Government decide on the establishment and geographic division of townships, ethnic townships and towns.
People?s governments of townships, ethnic townships, and towns carry out the resolutions of the people?s congress at the corresponding level a well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas.
(2) Administrative status of local governments
Local people?s governments at various levels are responsible and report on their work to people?s congresses at the corresponding levels. Local people?s governments at and above the county level are responsible and report on their work to the standing committees of the people?s congresses at the corresponding levels when the congresses are not in session.
Local people?s governments at various levels are responsible and report on their work to the state administrative organs at the next higher level.
Local people?s governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to it.
(3) Relationship within local governments
Local people?s governments at and above the county level direct the work of their subordinate departments and of people?s governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and of the people?s governments at lower levels.
Auditing bodies are established by local people?s governments at and above the county level. Local auditing bodies at various levels independently exercise their powers of supervision through auditing in accordance with the law and are responsible to the people?s governments at corresponding levels and to the auditing bodies at the next higher level.
