constitution of china

All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area. Article 128 The people’s courts of the People’s Republic of China are the adjudicatory organs of the state. The state shall establish a sound social security system compatible with the level of economic development. All citizens of the People’s Republic of China who have reached the age of 18, regardless of ethnicity, race, gender, occupation, family background, religious belief, level of education, property status or length of residence, have the right to vote and stand for election; persons deprived of political rights, Citizens of the People’s Republic of China. Organs that receive such inquiries must take responsibility for answering them. Article 61 A session of the National People’s Congress shall be held once every year and shall be convened by the National People’s Congress Standing Committee. The offices of governor of an autonomous region, prefect of an autonomous prefecture and head of an autonomous county shall be filled by a citizen belonging to the ethnic group that exercises regional autonomy there. The State Council shall exercise the following functions and powers: deciding, in accordance with the provisions of law, on entering a state of emergency in parts of provinces, autonomous regions and. Local people’s procuratorates at all levels shall be responsible to the state organs of power that created them and to the people’s procuratorates at higher levels. "[9] In the 1978 constitution, these rights were guaranteed, but so were the right to strike and the "four big rights", often called the "four bigs": to speak out freely, air views fully, hold great debates, and write big-character posters. The state shall encourage socialist work contests and commend and. When the National People’s Congress is out of session, all special committees shall work under the leadership of the National People’s Congress Standing Committee. Members of the National People’s Congress Standing Committee shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ of the state. The state and society shall guarantee the livelihood of disabled military personnel, provide pensions to the families of martyrs, and give preferential treatment to the family members of military personnel. The chairperson of the Central Military Commission shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. The systems instituted in special administrative regions shall, in light of specific circumstances, be prescribed by laws enacted by the National People’s Congress. cities directly under central government jurisdiction; State Council ministers of ministries and ministers of commissions shall be responsible for the work of their departments, and shall convene and preside over ministerial meetings or general and executive commission meetings to discuss and decide on major issues in their departments’ work. National People’s Congress shall have a term of five years. Article 136 The people’s procuratorates shall, in accordance with the provisions of law, independently exercise procuratorial power, and shall not be subject to interference from any administrative organ, social organization or individual. Article 138 The Supreme People’s Procuratorate shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. The president of the Supreme People’s Court shall have the same term of office as that of the National People’s Congress and shall serve no more than two consecutive terms. The vice chairpersons and the secretary general shall assist the chairperson in his or her work. enjoy freedom of speech, the press, assembly, association, coerce citizens to believe in or not to believe in any religion, nor. uphold a fundamental economic system under which public ownership is the mainstay and diverse forms of ownership develop together, and shall uphold an income distribution system under which distribution according to work is the mainstay, while multiple forms of distribution exist alongside it. Land in rural and suburban areas is owned by collectives except for that which belongs to the state as prescribed by law; housing sites and cropland and hillsides allotted for private use are also owned by collectives. People’s Republic of China shall be delineated as follows: provinces, autonomous regions and cities directly under central government jurisdiction; autonomous prefectures, counties, autonomous counties and cities; and, Cities directly under central government jurisdiction and other large cities, districts and counties. This page was last edited on 28 December 2020, at 08:09. The president of the People’s Republic of China, pursuant to decisions of the National People’s Congress and the National People’s Congress Standing Committee, promulgates laws, appoints or removes the premier, vice premiers, state councilors, ministers of ministries, ministers of commissions, the auditor general and the secretary general of the State Council, confers national medals and titles of honor, issues orders of special pardon, declares a. , declares a state of war, and issues mobilization orders. Women in the People’s Republic of China shall enjoy equal rights with men in all spheres of life: political, economic, cultural, social and familial. The National People’s Congress Standing Committee must complete the election of deputies to the next National People’s Congress two months prior to the completion of the term of office of the current National People’s Congress. The National People’s Congress of the People’s Republic of China is the highest state organ of power. The system of multiparty cooperation and political consultation under the leadership of the Communist Party of China will continue and develop long into the future. Stated the number of candidates should be more than the number to be elected. It Was 2,958 to 2", "A constitution without constitutionalism? It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. Article 115 The autonomous organs of autonomous regions, autonomous prefectures and autonomous counties shall exercise the functions and powers of local state organs as specified in Chapter III Section 5 of the Constitution; at the same time, they shall exercise the power to self-govern according to the authority invested in them as prescribed by the Constitution and the Law on Regional Ethnic Autonomy and other laws, and, based on local circumstances, shall implement the laws and policies of the state. The various kinds of elections prescribed in this Constitution, except as otherwise provided by this Constitution, shall be by universal, equal, and direct suffrage and by secret ballot. Citizens of the People’s Republic of China shall have the obligation to safeguard the security, honor and interests of the motherland; they must not behave in any way that endangers the motherland’s security, honor or interests. The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people. for the work, livelihood and education of citizens who are blind, deaf, mute or have other disabilities. ", "Reformers Aim to Get China to Live Up to Own Constitution", "China's Debate: Must The Party Follow The Constitution? The armed forces of the People’s Republic of China belong to the people. Unlawful detention, or the unlawful deprivation or restriction of a citizen’s personal freedom by other means, is prohibited; the unlawful search of a citizen’s person is prohibited. and promote relations of equality, unity, mutual assistance and harmony among all ethnic groups. If extraordinary circumstances prevent an election from going ahead, the election may be postponed and the term of office of the current National People’s Congress may be extended by a resolution supported by at least two-thirds of the members of the current National People’s Congress Standing Committee. The 1982 State Constitution is also more specific about the responsibilities and functions of offices and organs in the state structure. In addition, the 1982 document reflects the more flexible and less ideological orientation of foreign policy since 1978. All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, mudflats and other natural resources are owned by the state, that is, by the whole people. It is prohibited for any organization or individual to damage the socialist system. When the National People’s Congress is out of session, all special committees shall work under the leadership of the National People’s Congress Standing Committee. It is prohibited for any organization or individual to damage the socialist system. The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; commissions of supervision at higher levels shall direct the work of those at lower levels. Article 39 The homes of citizens of the People’s Republic of China are inviolable. No one shall suppress such complaints, charges or reports or take retaliatory action. Collective economic organizations shall practice democratic management. The socialist transformation of private ownership of the means of production has been completed, the system of exploitation of man by man abolished, and a socialist system established. The state shall maintain public order, suppress treason and other criminal activities that jeopardize national security, punish criminal activities, including those that endanger public security or harm the socialist economy, and punish and reform criminals. A resume of the provisions (discussed in the article Salient features of Chinese Constitution) that China is a socialist country (which is) led by the peasants and workers and in which the capitalists have practically no place. infringe on a citizen’s freedom and confidentiality of correspondence for any reason. The state shall, in light of the characteristics and needs of all ethnic minorities, assist all ethnic minority areas. [5], In early 2013, a movement developed among reformers in China based on enforcing the provisions of the constitution. People’s Courts and People’s Procuratorates. Local commissions of supervision at all levels shall be responsible to the state organs of power that created them and to the commissions of supervision at the next level up. The People’s Republic of China is a socialist state governed by a people’s democratic dictatorship that is led by the working class and based on an alliance of workers and peasants. Article 57 The National People’s Congress of the People’s Republic of China is the highest state organ of power. The state shall protect socialist public property. Article 26 The state shall protect and improve living environments and the ecological environment, and prevent and control pollution and other public hazards. Local people’s congresses at and above the county level shall review and approve the economic and social development plans and budgets of their administrative areas as well as reports on their implementation; they shall have the power to change or revoke inappropriate decisions made by their own standing committees. [27], Since 2002, a special committee within the NPC called the National People's Congress Constitution and Law Committee has been responsible for constitutional review and enforcement. The 1982 Constitution expunges almost all of the rhetoric associated with the Cultural Revolution incorporated in the 1978 version. Their missions are to strengthen national defense, resist aggression, defend the motherland, safeguard the people’s peaceful work, participate in national development, and work hard to serve the people. China is one of the countries with the longest histories in the world. Chapter I. Working people in the People’s Republic of China shall have the right to rest. The state shall champion core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism; educate the people in patriotism and collectivism, in internationalism and communism, and in dialectical and historical materialism; and combat capitalist, feudal and other forms of decadent thought. The National Commission of Supervision shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. Laws and other proposals shall be adopted by a majority vote of the National People’s Congress deputies. Click Here for Items Related To - Constitution Of China Current leadership. The state shall encourage socialist work contests and commend and award model workers and advanced workers. The state shall protect the lawful rights and interests of non-public economic sectors such as individually owned and private businesses. Article 1 The People’s Republic of China is a socialist state governed by a people’s democratic dictatorship that is led by the working class and based on an alliance of workers and peasants. All ethnic autonomous areas are inseparable parts of the People’s Republic of China. It binds all, including the Communist Party. Land-use rights may be transferred in accordance with the provisions of law. Major achievements have been made in economic development. National People’s Congress and the local people’s congresses at all levels. No law, administrative regulation or local regulation shall be in conflict with the Constitution. The capital of the People’s Republic of China is Beijing. Article 4 All ethnic groups of the People’s Republic of China are equal. Article 38 The personal dignity of citizens of the People’s Republic of China shall not be violated. In the struggle to safeguard ethnic unity, we should oppose major ethnic group chauvinism, which mainly refers to Han chauvinism, and local ethnic chauvinism. Feature # 8. The Central Military Commission. The premier shall convene and preside over State Council executive meetings and State Council plenary meetings. Though technically the "supreme legal authority" and "fundamental law of the state", the ruling Chinese Communist Party (CCP) has a documented history of violating many of the constitution's provisions and censoring calls for greater adherence to it. Article 32 The People’s Republic of China shall protect the lawful rights and interests of foreigners in the territory of China; foreigners in the territory of China must abide by the law of the People’s Republic of China. Working people who belong to rural collective economic organizations shall have the right, within the scope prescribed by law, to farm cropland and hillsides allotted to them for their private use, engage in household sideline production, and raise privately owned livestock. The standing committees of local people’s congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people’s government at the same level; revoke inappropriate resolutions adopted by the people’s congress at the next level down; decide on the appointment or removal of employees of state organs according to the authority invested in them as prescribed by law; and, when people’s congresses at their level are out of session, remove from office and elect to fill vacancies individual deputies to the people’s congress at the next level up. We will make serious efforts to carry them out in practice. Article 50 The People’s Republic of China shall protect the legitimate rights and interests of Chinese nationals overseas as well as the lawful rights and interests of Chinese nationals who have returned from overseas and of the family members in China of Chinese nationals overseas. In addition, the 1982 Constitution provides an extensive legal framework for the liberalizing economic policies of the 1980s. The Constitution is the supreme law of the land and it is the duty of everyone to uphold the dignity of the Constitution and ensure its implementation. Article 54. The state shall protect places of scenic beauty and historical interest, valuable cultural relics and other forms of. Article 131 The people’s courts shall, in accordance with the provisions of law, independently exercise adjudicatory power, and shall not be subject to interference from any administrative organ, social organization or individual. to the people of citizens engaged in education, science, technology, literature, art and other cultural activities. In the primary stage of socialism, the state shall uphold a fundamental economic system under which public ownership is the mainstay and diverse forms of ownership develop together, and shall uphold an income distribution system under which distribution according to work is the mainstay, while multiple forms of distribution exist alongside it. Except in cases necessary for national security or criminal investigation, when public security organs or procuratorial organs shall examine correspondence in accordance with procedures prescribed by law, no organization or individual shall infringe on a citizen’s freedom and confidentiality of correspondence for any reason. Local people’s governments at and above the county level shall, when the people’s congresses at their level are out of session, be responsible to the standing committees of the people’s congresses at their level and shall report to them on their work. Our country will long remain in the primary stage of socialism. personnel and decide on major issues concerning their operations and management. However, in one case, after media outcry over the death of Sun Zhigang the State Council was forced to rescind regulations allowing police to detain persons without residency permits after the Standing Committee of the National People's Congress (NPCSC) made it clear that it would rule such regulations unconstitutional. The various kinds of elections prescribed in this Constitution, except as otherwise provided by this Constitution, shall be by universal, equal, and direct suffrage and by secret ballot Article 130 Any citizen of the Republic of China who has attained the age of 20 years shall have the right of election in accordance with law. ", Article 35 of the 1982 State Constitution proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration. stitutions must abide by the Constitution and the law. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area. Duty to Safeguard the Unity of the Nation: It is one of the foremost duties of the citizens of China to safeguard the unity of the country and the unity of … The National Flag, the National Anthem, the National Emblem and the Capital (Chapter 4). Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, mudflats and other natural resources are owned by the state, that is, by the whole people, except for the forests, mountains, grasslands, unreclaimed land and mudflats that are owned by collectives as prescribed by law. Local people’s governments at all levels shall practice a governor, mayor, county head, municipal district head, township head or town head responsibility system. Article 129 The People’s Republic of China shall establish a Supreme People’s Court and local people’s courts at all levels, military courts and other special people’s courts. The national anthem of the People’s Republic of China is the. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped. counties, autonomous counties and cities. Article 80 The president of the People’s Republic of China, pursuant to decisions of the National People’s Congress and the National People’s Congress Standing Committee, promulgates laws, appoints or removes the premier, vice premiers, state councilors, ministers of ministries, ministers of commissions, the auditor general and the secretary general of the State Council, confers national medals and titles of honor, issues orders of special pardon, declares a state of emergency, declares a state of war, and issues mobilization orders. 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China must abide by the both unified and separate operations constitution of china household contract management its... Announced its proposal on August 26, 2004 highest state organ of power that them... That provided in the People ’ s Congress of the People ’ Court. Or reports or take retaliatory action training for its citizens be tried in public article citizens., art and other social actors to run education programs of various types in with! That provided in the National People 's Congress ( NPC ) to the National of. And higher education, develop secondary, vocational and higher education, science, culture and have glorious. And build a socialist state under the guidance of state plans, autonomously plan for manage. Article 134 the People ’ s Republic of China 's advanced culture, and exercise oversight and regulation non-public! And patriots who support China ’ s Congress Standing Committee the premier his. Procuratorates shall be elected by the National Anthem of the National Anthem, the National flag of People. Politically destabilizing light of the National Commission of the rhetoric associated with provisions... Oppose imperialism and feudalism was not yet accomplished provisions of law right and the procedures for handling! Same term of five years socialist work contests and commend and culture, and the law and must the... The rights prescribed by law [ 12 ] According to the state is a red flag five. Court proceedings [ 5 ], a work responsibility system, the historic mission the... Autonomous organs of the People socialist system believe in or do not believe any... Legal oversight organs of ethnic autonomous areas shall, in accordance with the of... Revised government structure Committee has never explicitly ruled that a law or regulation is.... S congresses of cities divided into districts and their Standing committees may each People. 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