According to the Constitution, President the Supreme People's Court is elected by the National People's Congress.

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Article 62 The National People's Congress exercises the following functions and powers:

(1) Amending the Constitution;

(2) to supervise the implementation of the Constitution;

(3) Formulating and amending criminal, civil, state organs and other basic laws;

(4) Electing Chairman and Vice Chairman of People's Republic of China (PRC);

(five) according to the nomination of President People's Republic of China (PRC), decide the candidate for Premier the State Council; According to the nomination of Premier the State Council, decide the candidates for Vice Premier the State Council, State Councilor, ministers of ministries, directors of committees, auditor-general and secretary-general;

(6) Electing chairman of the Central Military Commission; According to chairman of the Central Military Commission's nomination, decide the candidates for other members of the Central Military Commission (CMC);

(7) Electing President the Supreme People's Court;

(8) Electing the Attorney General of the Supreme People's Procuratorate;

(nine) to review and approve the national economic and social development plan and the report on the implementation of the plan;

(ten) to examine and approve the national budget and the report on the implementation of the budget;

(eleven) to change or cancel the inappropriate decisions of the NPC Standing Committee;

(twelve) approved the establishment of provinces, autonomous regions and municipalities directly under the central government;

(thirteen) to decide on the establishment of the special administrative region and its system;

(14) To decide on issues of war and peace;

(fifteen) other functions and powers that should be exercised by the highest organ of state power.