The state administrative organs, judicial and prosecuting organs are all elected and supervised by and report to the people’s congresses which are organs of state power. These state organs conduct their activities according to the principle of democratic centralism. This has decided the relationships between the people’s congresses, the state administrative organs, the people’s courts and people’s procuratorates as the following:
1. The relationship of making decisions and implementing them. The people’s congresses represent the people to exercise state power, make legislations, decide on major issues, elect, remove and supervise state functionaries. The laws and decisions adopted by the people’s congresses must be implemented by the administrative organs, people’s courts and people’s procuratorates.
2. The relationship of the supervisor and the supervised. People’s congresses represent the people to exercise the right of supervision of the administrative organs, peoples?courts and people’s congresses. The organs being supervised must be responsible to and report their work to the people’s congresses and receive the supervision of the people’s congresses.
3. The relationship of working in coordination. Though having different responsibilities and division of labor, the people’s congresses, the administrative organs, people’s courts and people’s procuratorates have the same goal, i.e., to represent and realize the fundamental interests of the people and jointly build socialism with Chinese characteristics. The people’s congresses uniformly exercise the state power and, under this precondition, rationally divide the rights of administration, judicial decision and prosecuting decision, which avoids having the state power and rights being over-concentrated or unnecessarily checked, so as to allow the state organs to specialize in their distinctive responsibilities and at the same time work in a coordinated manner.
(China.org.cn May 20, 2003)
