TheGovernment Administration Council of theCentral People's Government was established in 1949 with theproclamation of the People's Republic of China. Under the1954 constitution, the Government Administration Council was succeeded by the State Council, which became the supreme administrative organ of the state. Since 1982, the State Council has undergoneinstitutional reforms every five years. The main functions of the State Council are to formulate administrative measures, issue decisions and orders, and monitor their implementation; draft legislative bills for submission to the NPC or itsStanding Committee; and prepare the economic plan and the state budget for deliberation and approval by the NPC.
The premier of the State Council is responsible for the State Council and exercises overall leadership of its work. The secretary-general of the State Council, under the leadership of the premier, is responsible for handling the daily work of the State Council and heads the General Office of the State Council. The premier is appointed by the NPC after a nomination from thepresident; the premier then nominates members of the State Council for appointment by the NPC or its Standing Committee. Theexecutive meeting of the State Council, consisting of the premier, vice-premiers, state councilors, and the secretary-general, is held two to three times a month, while theplenary meeting, consisting of all members of the State Council, is held every six months.
The State Council directly oversees provincial-level People's Governments, and in practice maintains membership with top levels of theChinese Communist Party (CCP). The State Council is constitutionally accountable to the NPC and its Standing Committee. TheOrganic Law of the State Council outlines that the State Council acts under the leadership of theCCP Central Committee and followsCCP ideology. Aside from a few, members of the State Council are also members of the CCP Central Committee.
The predecessor of the State Council was theGovernment Administration Council of theCentral People's Government, which was established on 1 October 1949 with theproclamation of the People's Republic of China. However, the Government Administration Council was lower in status and had a smaller scope of authority than the State Council; the State Council is equal to the Central People's Government, while the Government Administration Council was only a constituent body of the Central People's Government. The Government Administration Council did not have the authority to manage military affairs, so it did not have a Ministry of National Defense under it.[2]
In September 1954, the first session of the1st National People's Congress adopted theConstitution of China and theOrganic Law of the State Council, among other things. According to the constitution, theNational People's Congress (NPC) is thesupreme organ of state power; the State Council is the executive organ of the NPC and the highest administrative organ of the state.[2] Since 1982, the State Council has undergoneseveral institutional reforms, with adjustments made on average every five years to coincide with each change of government. The most recent adjustment was in 2023. The number of departments under the State Council has been reduced from 100 before 1982 to 26 today.[3]
The State Council is described by the Chinese constitution as the executive organ of theNational People's Congress (NPC), as well as the "highest state administrative organ".[4] Constitutionally, the main functions of the State Council are to formulate administrative measures, issue decisions and orders, and monitor their implementation; draft legislative bills for submission to the NPC or its Standing Committee; and prepare the economic plan and the state budget for deliberation and approval by the NPC.[4] The State Council has flexibility in decision-making, especially with regard to economic matters, but thePolitburo has ultimate authority.[5] According to theOrganic Law of the State Council, theCCP Central Committee exercises leadership over the State Council.[6][7] The law also stipulates the State Council must follow theCCP's ideology and policies.[6]
The State Council is composed of thepremier, severalvice premiers, severalstate councillors, ministers of ministries, directors of committees, the auditor general, and thesecretary-general. The premier leads the State Council[8]: 58 and is appointed by the NPC upon the nomination by thepresident,[4] though in practice the premier is chosen within the CCP leadership, including thePolitburo Standing Committee.[9] The vice premiers (one executive and generally three others), state councillors, and a secretary-general (who normally also serves as a state councillor) all assist the premier.[10] The premier leads theLeading Party Members Group, which responsible for overseeing the implementation of CCP Central Committee policies in the State Council.[11]
Each vice premier oversees certain areas of administration in support of the premier.[12] In practice, the vice premiers and State Councillors assume responsibility for one or more sectors or issues, and remain in contact with the various bodies responsible for policy related to that area. This allows the Standing Committee to oversee a wide range of government functions.[13] Each State Councillor performs duties as designated by the Premier. The secretary-general heads the General Office which handles the day-to-day work of the State Council.[10]
The State Council includes 26 constituent departments, and oversees theprovince-level governments throughout China.[5] Each ministry supervises one sector. Commissions outrank ministries and set policies for and coordinate the related activities of different administrative organs. Offices deal with matters of ongoing concern. The establishment, dissolution, or merger of the constituent departments are proposed by the premier and decided by the NPC or its Standing Committee.[10] Bureaus and administrations rank below ministries. In addition to the ministries, there are 38 centrally administered government organizations that report directly to the state council. The heads of these organizations attend full meetings of the state committee on an irregular basis.[citation needed]
Theplenary meeting of the State Council meets every six months, composed of all members of the State Council. Between meetings it is guided by anexecutive meeting of the State Council which is held two to three times a month, and can be called at the discretion of the premier.[16] The Executive Meeting is composed of the premier, vice premiers, state councilors, and the secretary-general.[10]