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.
