The president of the PRC is the head of state of the PRC
and the supreme representative of China both internally and externally. The
presidency is an independent State apparatus and an important component of the
State organs.
Citizens of the PRC who have the right to vote and stand
for election and have reached the age of 45 are eligible for election as
president of the PRC.
The president of the PRC is nominated by the Presidium of
the NPC and elected by the NPC by voting based on a single candidate. The NPC
has the power to remove from office the president of the PRC.
The president of the PRC is elected for a term of five
years and shall serve no more than two consecutive terms.
In the event that the office of the president of the PRC
falls vacant, the vice president succeeds to the office of the president. In the
event that the office of the vice president of the PRC falls vacant, the NPC
shall elect a new vice president to fill the vacancy. In the event that the
offices of both the president and the vice president of the PRC fall vacant, the
NPC shall elect a new president and a new vice president. Prior to such
election, the chairman of the NPC Standing Committee shall temporarily act as
the president of the PRC.
The functions and powers of the president of the PRC
prescribed in the current Constitution are as followings:
I. Internal functions and powers:
1. Promulgate statutes: Statutes adopted by the NPC and
its Standing Committee go into official effect upon promulgation by the
president of the PRC. The president of the PRC has no power to veto the statutes
and shall promulgate any statute adopted by the NPC and its Standing Committee.
No statute shall become effective without the promulgation of the president of
the PRC.
2. Issue decrees: The president of the PRC, in pursuance
of the decisions of the NPC and its Standing Committee, appoints or removes the
premier, vice premiers, state councilors, ministers in charge of ministries or
commissions, the auditor-general and the secretary general of the State Council;
confers State medals and titles of honor; issues orders of special pardons;
proclaims martial law; proclaims a state of war; and issues mobilization
orders.
II. External functions and powers:
1. Receive the credentials offered by foreign diplomatic
representatives on behalf of the PRC;
2. Appoint or recall plenipotentiary representatives
abroad in pursuance of the decisions of the NPC Standing Committee; and
3. Ratify or abrogate treaties and important agreements
concluded with foreign states in pursuance with the decisions of the NPC
Standing Committee. The president of the PRC shall promulgate the treaties and
agreements concluded by the State Council or its relevant departments with
foreign countries, which have been ratified or abrogated by the NPC or its
Standing Committee.
China's head of state system is a collective leadership.
The president of the PRC is subject to the NPC and receives instructions from
the highest organ of State power.