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Date:
Adopted at the Fifth Session of the Fifth National People's
Congress and promulgated for implementation by the Proclamation of the National
People's Congress on December 4, 1982.
Source:
The Legislative Affairs Commission of the Standing Committee of
the National People’s Congress of the People’s Republic of China
Subject:
family planning, family, marriage
Text:
Article 25.
The state promotes family planning so that
population growth may fit the plans for economic and social development.
Article 49.
Marriage, the family and mother and child are
protected by the state.
Both husband and wife have the duty to practise family
planning.
Parents have the duty to rear and educate their children who
are minors, and children who have come of age have the duty to support and
assist their parents.
Violation of the freedom of marriage is prohibited.
Maltreatment of old people, women and children is prohibited.
Article 89.
The State Council exercises the following
functions and powers:
-
to adopt administrative measures, enact administrative
rules and regulations and issue decisions and orders in accordance with the
Constitution and the law;
-
to submit proposals to the National People's Congress or
its Standing Committee;
-
to formulate the tasks and responsibilities of the
ministries and commissions of the State Council, to exercise unified leadership
over the work of the ministries and commissions and to direct all other
administrative work of a national character that does not fall within the
jurisdiction of the ministries and commissions;
-
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;
-
to draw up and implement the plan for national economic
and social development and the state budget;
-
to direct and administer economic affairs and urban and
rural development;
-
to direct and administer the affairs of education,
science, culture, public health, physical culture and family planning;
-
to direct and administer civil affairs, public security,
judicial administration, supervision and other related matters;
-
to conduct foreign affairs and conclude treaties and
agreements with foreign states;
-
to direct and administer the building of national
defense;
-
to direct and administer affairs concerning the
nationalities and to safeguard the equal rights of minority nationalities and
the right to autonomy of the national autonomous areas;
-
to protect the legitimate rights and interests of
Chinese nationals residing abroad and protect the lawful rights and interests of
returned overseas Chinese and of the family members of Chinese nationals
residing abroad;
-
to alter or annul inappropriate orders, directives and
regulations issued by the ministries or commissions;
-
to alter or annul inappropriate decisions and orders
issued by local organs of state administration at various levels;
-
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;
-
to decide on the imposition of martial law in parts of
provinces, autonomous regions, and municipalities directly under the Central
Government;
-
to examine and decide on the size of administrative
organs and, in accordance with the law, to appoint or remove administrative
officials, train them, appraise their performance and reward or punish them; and
-
to exercise such other functions and powers as the
National People's Congress or its Standing Committee may assign to it.
Article 107F.
Local people's governments at or 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, nationalities affairs, judicial administration, supervision and
family planning in their respective administrative areas; issue decisions and
orders; appoint or remove administrative functionaries, train them, appraise
their performance and reward or punish them.
People's governments of townships, nationality townships, and
towns execute the resolutions of the people's congresses at the corresponding
levels as 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.
People's governments of provinces and municipalities directly
under the Central Government decide on the establishment and geographic division
of townships, nationality townships, and towns.
Note:
Adopted at the Fifth Session of the Fifth National
People's Congress and promulgated for implementation by the Proclamation of the
National People's Congress on December 4, 1982. Revised in accordance with the
Amendment to the Constitution of the People's Republic of China adopted at the
First Session of the Seventh National People's Congress on April 12, 1988 and
the Amendment to the Constitution of the People's Republic of China adopted at
the First Session of the Eighth National People's Congress on March 29, 1993.
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