After the local people's congress elects a new generation of state agency leaders in accordance with the law, it must submit it to the standing committee of the people's congress at the same level within two months to appoint other members of the people's government. Whether the

After the local people's congress elects a new generation of state agency leaders in accordance with the law, it must submit to the local people's congress standing committee within two months to appoint other members of the people's government, and the "first committee (supervisory committee) appointed by the people's congress standing committee" There is no clear legal provision on whether other members of the two houses (courts and procuratorates) need to be reappointed. Some people believe that other national staff of the "One Committee and Two Houses" should also be reappointed.

According to existing legal provisions, state agency staff other than those appointed by the Standing Committee of the National People's Congress to serve in the "First Committee and Two Houses" will not be affected by their term of office and will continue to perform their duties after the change of term without the need for reappointment.

Regarding the legal provisions on terms of office, Article 106 of the Constitution stipulates that "the term of each local people's government at all levels is the same as the term of each term of the People's Congress at the same level." Article 8 of the Supervision Law stipulates that, "The term of office of the director of the local supervisory committee at all levels is the same as the term of the people's congress at the same level." Article 44 of the Court Organization Law stipulates that "the term of office of the president of the people's court is the same as the term of the people's congress that elected it." "The same." Article 39 of the Procuratorate Organization Law stipulates that "the term of office of the chief prosecutor of the People's Procuratorate is the same as the term of each term of the People's Congress that elected it." It can be seen from the legal provisions that the directors of supervisory committees at all levels and the presidents of people's courts. , The People's Procuratorate's Chief Prosecutor implements a term system , and its term is the same as the term of each term of the People's Congress that produced it. However, state agencies such as supervisory committees at all levels, people's courts and people's procuratorates themselves do not have term limits. In contrast, the term of a local people's government is the same as the term of the people's congress at the same level. The members of the people's government are the same as the "one committee and two chambers" of the official positions, and the term system is also implemented. Therefore, Article 57 of the Local Organic Law stipulates, “After the leaders of the new People’s Government are elected in accordance with the law, they shall submit the request to the Standing Committee of the People’s Congress at the corresponding level to appoint the Secretary-General, Director, and Director of the People’s Government within two months. , committee directors, and section chiefs.” That is to say, after the leaders of the new People’s Government are elected in accordance with the law, they must submit it to the Standing Committee of the People’s Congress at the same level to appoint other members of the People’s Government, and those appointed by the Standing Committee of the People’s Congress. Personnel other than the regular members of the "One Committee and Two Houses" will not be affected by the change of office and do not need to be re-appointed.

In addition, on July 14, 2003, the Legal Affairs Committee of the Standing Committee of the National People's Congress pointed out in its reply to the Supreme People's Court "Whether the term of office of judges other than the President of the People's Court is subject to the term limit of the People's Congress", "According to " According to the provisions of the Constitution of the People's Republic of China and the Organic Law of the People's Courts of the People's Republic of China , the term of office of the president of the people's courts at all levels is the same as that of the people's congress at each level. The terms of office of presidents, judges, and members of judicial committees are not limited by the term of the People’s Congress, and therefore do not need to be re-appointed after the change of the People’s Congress at all levels.”

Although it is said that there are no term limits for the relevant staff of the "One Committee and Two Courts" appointed by the Standing Committee of the National People's Congress, in practice, after the election of the new local People's Congress, as the Director of the Supervisory Committee, the President of the Court, The reelection of the chief prosecutor of the Procuratorate and the implementation of the exchange and rotation system for party and government cadres. Relevant staff of the "One Committee and Two Houses" are often adjusted and submitted to the Standing Committee of the People's Congress at the same level for appointment and removal, so as to ensure the normal operation of the "One Committee and Two Houses" and the performance of their duties in accordance with the law.

Author: Cui Houyuan (Standing Committee of the People's Congress of Fengyang County, Anhui Province)

Editor: Wang Chenwei

Editor in charge: Zheng Libo

Chief editor: Yao Qiming