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Legal Analysis: **** and ***.
Legal basis: Constitution of the People's Republic of China
Article 80: The President of the People's Republic of China, in accordance with the decisions of the National People's Congress and the Standing Committee of the National People's Congress, promulgates laws, appoints and dismisses the premier, vice premiers, state councilors, ministers, chairmen of commissions, auditors-general and secretary-generals, confers State medals and honorary titles, issues amnesty decrees, declares a state of emergency, declares a state of war, and issues mobilization orders.
Article 89 *** Exercise the following functions and powers:
1) In accordance with the Constitution and laws, stipulate administrative measures, formulate administrative regulations, and issue decisions and orders;
2) Submit bills to the National People's Congress or the Standing Committee of the National People's Congress;
3) To stipulate the tasks and responsibilities of the ministries and committees, to provide unified leadership for the work of the ministries and committees, and to lead the national administrative staff who are not part of the ministries and committees;
4) To lead the work of local state administrative organs at all levels throughout the country in a unified manner, and to stipulate the specific division of functions and powers between the state administrative organs of provinces, autonomous regions and municipalities directly under the Central Government;
5) To prepare and implement the national economic and social development plan and the state budget;
6) To lead and manage economic work and the construction of urban and rural and ecological civilizations;
7) To lead and manage education, science, culture, health, physical education and family planning;
8) Leading and managing civil affairs, public security, judicial administration, and other such work;
9) To administer foreign affairs and conclude treaties and agreements with foreign countries;
10) To lead and manage the cause of national defense construction;
11) To lead and administer ethnic affairs, and to guarantee the equal rights of ethnic minorities and the autonomy rights of ethnic autonomous areas;
12) To protect the legitimate rights and interests of overseas Chinese, and to protect the legitimate rights and interests of returned overseas Chinese and their relatives;
13) To change or revoke inappropriate orders, directives and regulations issued by ministries and commissions;
14) To change or revoke inappropriate decisions and orders of local state administrative organs at all levels;
15) To approve the regional division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities;
16) Decide in accordance with the provisions of law to enter a state of emergency in some areas within the scope of provinces, autonomous regions, and municipalities directly under the Central Government;
17) to examine and approve the establishment of administrative bodies, in accordance with the provisions of the law to appoint and remove, train, evaluate and reward and punish administrative personnel;
18) Other functions and powers conferred by the National People's Congress and the Standing Committee of the National People's Congress.
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Article 80 of the Constitution of the People's Republic of China The President of the People's Republic of China, in accordance with the decision of the National People's Congress and the decision of the Standing Committee of the National People's Congress, promulgates the law of Naling, appoints and dismisses the Prime Minister, Vice Premier, State Councilor, Ministers, Directors of Committees, Auditor General and Secretary-General, confers state medals and honorary titles on the State, issues amnesty decrees, declares a state of emergency, declares a state of war, and issues mobilization orders.
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A state of emergency is a state in which a particularly significant emergency has occurred or is about to occur.
1. When a particularly major emergency occurs or is about to occur, and it is necessary for a state organ to exercise emergency power to control it or eliminate its harm or threat to society, the relevant state organ shall, in accordance with the authority provided by the Constitution and laws, decide and declare a temporary state of serious crisis to be implemented in a local area or throughout the country.
2. In a state of emergency, the laws of various countries have corresponding provisions, ** special measures may be taken to restrict certain actions of members of society, ** also have the right to compel relevant citizens to provide certain services or property for compensation, and members of society are also obliged to cooperate with the measures taken during the state of emergency to respond to and relieve emergencies.
3. Explanation of tightness: close together, as opposed to "loose": tightened, bundled, very close:
Near. Tighten: Tighten the strings.
Things follow one another, time is short, there are no gaps : compact, tight, tight, tight. Hold on.
The situation is serious, relational, important: urgent, urgent, urgent. Important:
Urgent explanation. Anxious: anxious, anxious.
Kuan Sheng Kai. Exercise of emergency powers:
Since the interests of the State itself and society as a whole are threatened and jeopardized, the State must take all effective and legitimate measures with the emergency powers necessary to control such extreme threats and hazards. The main characteristic of state activities in a state of emergency is that there is a tendency for state power to be concentrated in the administrative organs, which exercise centralized and unified command and take extraordinary control measures.
A state of emergency is not required if the objective circumstances do not require the activities of the State to be of this character, and the situation can be controlled by ordinary legal measures.
In order to safeguard and preserve the overall interests of the state and society, members of society will make some sacrifices, some rights granted by law will be restricted to a certain extent, and personal property may be expropriated. Judging from the situation abroad, the imposition of a state of emergency and overcoming the crisis of a state of emergency will have to pay a high price.
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And***.
According to the provisions of Articles 80 and 89 of the Constitution, the right to declare a state of emergency is **** and *** respectively. In accordance with the decision of the Standing Committee of the National People's Congress, a state of emergency has been declared nationwide or in individual provinces, autonomous regions and municipalities directly under the Central Government; Decided and declared a state of emergency in some areas within the provinces, autonomous regions and municipalities directly under the Central Government. Therefore, for the implementation of a state of emergency for the whole country or individual provinces, autonomous regions, and municipalities directly under the Central Government, the decision-making organ and the announcement organ are different, the decision-making organ is the power organ of the state, and the declaring organ is ****; The implementation of a state of emergency in some areas within the scope of provinces, autonomous regions and municipalities directly under the Central Government shall be decided and declared by ***.
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