constitution of china

It is the sacred duty of all the Chinese people, including our fellow Chinese in Taiwan, to achieve the great reunification of the motherland. Commissions of supervision shall, in accordance with the provisions of law, independently exercise supervisory power, and shall not be subject to interference from any administrative organ, social organization or individual. 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. [1][2][3] Furthermore, claims of violations of constitutional rights cannot be used in Chinese courts, and the National People's Congress Constitution and Law Committee, the legislative committee responsible for constitutional review, has never ruled a law or regulation unconstitutional.[4][5]. The National People’s Congress shall exercise the following functions and powers: (3) enacting and amending criminal, civil, state institution. individually owned and private businesses. Article 84 In the event that the office of president of the People’s Republic of China becomes vacant the vice president shall succeed to the office of president. The division of functions and powers between the central and local state institutions shall honor the principle of giving full play to the initiative and motivation of local authorities under the unified leadership of the central authorities. In the event that the office of vice president of the People’s Republic of China becomes vacant the National People’s Congress shall elect a new vice president to fill the vacancy. This page was last edited on 28 December 2020, at 08:09. Article 41 Citizens of the People’s Republic of China shall have the right to criticize and make suggestions regarding any state organ or state employee, and have the right to file with relevant state organs complaints, charges or reports against any state organ or state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort facts to make false accusations. Article 130 Except in special circumstances as prescribed by law, all cases in the people’s courts shall be tried in public. Significant advances have been made in education, science, culture and other fields, and education about socialist thought has made notable progress. Constitutional preambles are often not legally binding (as with the United States constitution[24]), and as the legal applicability of the Chinese constitution is debated[25] the amendment may be seen as providing a constitutional basis for China’s status as a one-party state and formally rendering any competitive multi-party system unconstitutional. In the struggle to safeguard ethnic unity, we should oppose major ethnic group chauvinism, which mainly refers to Han chauvinism, and local ethnic chauvinism. The people’s democratic dictatorship led by the working class and based on an alliance of workers and peasants, which in essence is a dictatorship of the proletariat, has been consolidated and developed. 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. 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. It binds all, including the Communist Party. feature of socialism with Chinese characteristics. The various forms of cooperative economic activities in cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades. ideals, morality, culture, discipline and law, and through the formulation and observance of different forms of rules of conduct and public pledges among different urban and rural populations. Article 12 of the Amendment to the Constitution of the People s Republic of China (Adopted at the Second Session of the Ninth National People s &RQJUHVV RQ0DUFK ,QVWUXPHQW$ LQ+RQJ.RQJ H /HJLVODWLRQ and Probably because of the excesses that filled the years of the Cultural Revolution, the 1982 Constitution gives even greater attention to clarifying citizens' "fundamental rights and duties" than the 1954 constitution did, like the right to vote and to run for election begins at the age of eighteen except for those disenfranchised by law. In a new era that strove for political stability and economic development, party leaders considered the four big rights politically destabilizing. Article 69 The National People’s Congress Standing Committee shall be responsible to the National People’s Congress and shall report to the Congress on its work. In our country the exploiting class, as a class, has been eliminated, but class struggle will continue to exist within a certain scope for a long time to come. provided there is no conflict with the Constitution, laws or administrative regulations, or with the local regulations of their province or autonomous region, formulate local regulations in accordance with the provisions of law, which shall go into force after submission to the standing committee of the people’s congress of their province or autonomous region and the receipt of approval. they discriminate against citizens who believe in or do not believe in any religion. (Adopted on December 4, 1982) PREAMBLE. The people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions in the country must treat the Constitution as the fundamental standard of conduct; they have a duty to uphold the sanctity of the Constitution and ensure its compliance. or state employee shall have the right to receive compensation in accordance with the provisions of law. Working people in the People’s Republic of China shall have the right to rest. Article 23 The state shall train all kinds of specialized personnel to serve socialism, expand the ranks of intellectuals, and create the conditions for giving full play to their role in socialist modernization. The people’s governments of provinces and cities directly under central government jurisdiction shall decide on the establishment of townships, ethnic townships and towns and their geographic division. Article 141 The national flag of the People’s Republic of China is a red flag with five stars. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended five times. [12] According to the later promulgated election law, rural residents had only 1/4 vote power of townsmen (formerly 1/8). Article 121 In performing their duties, autonomous organs of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area. Organs that receive such inquiries must take responsibility for answering them. [14], Deng Xiaoping's theory of "building socialism with Chinese characteristics" and "one center, two basic points" was added to the constitution. ew Democratic Revolution, and founded the People’s Republic of China. Both the victory in China’s New Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and surmounting many difficulties and obstacles. 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. Religious groups and religious affairs shall not be subject to control by foreign forces. All areas inhabited by ethnic minorities shall practice regional autonomy, establish autonomous organs, and exercise the power to self-govern. Local people’s courts at all levels shall be responsible to the state organs of power that created them. Deng imposed a two-term limit (10 years total) on all but the chair of the Central Military Commission. Five-Power Constitution, system of government proposed by the Chinese revolutionary leader Sun Yat-sen in 1906 as the means through which democracy could be implemented in China after the overthrow of the imperial regime. Much of the PRC Constitution is modeled after the 1936 Constitution of the Soviet Union, but there are some significant differences. [7] Xi says:[7]. It also disbands the exploitation of man by man or exploitation of men by state. The state shall assist ethnic autonomous areas in training on a large scale officials at all levels, different types of specialized personnel and technical workers from among that area’s ethnic groups. Chinese citizens are prohibited from forming new political parties. Marriage, families, mothers and children shall be protected by the state. The premier, vice premiers, state councilors and the secretary general shall attend State Council executive meetings. of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People’s Congress Standing Committee to be placed on record. It Was 2,958 to 2", "A constitution without constitutionalism? The state shall foster the all-round moral, intellectual and physical development of young adults, youths and children. Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside help for the modernization program. "[15], A document entitled "Scientific Outlook on Development" was adopted in 2007. Prior to the amendment, the CCP and its leadership were only mentioned in the preamble. The Constitution of the Peoples Republic of China is the fundamental law of the state and has supreme legal authority. accelerating their economic and cultural development. Duty to honor the motherland Residents committee and villagers committee chairpersons, vice chairpersons and members shall be elected by residents. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited. The organs through which the people exercise state power are the National People’s Congress and the local people’s congresses at all levels. practice a two-tiered system of both unified and separate operations with household contract management as its basis. The Supreme People’s Procuratorate is the highest procuratorial organ. Article 142 The national emblem of the People’s Republic of China consists of an image of Tiananmen Gate in the center illuminated by five stars and encircled by spikes of grain and a cogwheel. The organs through which the people exercise state power. The state shall develop the social insurance, social relief, and medical and health services necessary for citizens to enjoy this right. The state shall encourage, support and guide the development of non-public economic sectors and exercise oversight and regulation over non-public economic sectors in accordance with law. It is an honorable obligation of citizens of the People’s Republic of China to perform military service or join the militia in accordance with law. It is prohibited for any organization or individual to seize or damage natural resources by any means. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. Article 1 of the State Constitution describes China as "a socialist state under the people's democratic dictatorship"[9] meaning that the system is based on an alliance of the working classes—in communist terminology, the workers and peasants—and is led by the Communist Party, the vanguard of the working class. enjoy the rights prescribed by the Constitution and the law and must fulfill the. The National People’s Congress and the local people’s congresses at all levels shall be created through democratic election and shall be responsible to the people and subject to their oversight. This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. [16][17] It includes an assortment of revisions that further cement the Communist Party’s control and supremacy,[18] including setting up the National Supervisory Commission,[19] establishing a new anti-graft agency, extending the powers of the Communist Party’s graft watchdog, adding Hu Jintao's Scientific Outlook on Development and Xi Jinping Thought to the Preamble of the Constitution,[20] and removing term limits for both the President and Vice President, enabling Xi Jinping to remain president indefinitely. All ethnic autonomous areas are inseparable parts of the People’s Republic of China. practice law-based governance and build a socialist state under the rule of law. Local people’s congresses at and above the county level shall elect, and have the power to remove from office, chairpersons of the commissions of supervision, presidents of the people’s courts and chief procurators of the people’s procuratorates at their respective levels. The state shall encourage and assist creative work that is beneficial to the people of citizens engaged in education, science, technology, literature, art and other cultural activities. The livelihood of retirees shall be ensured by the state and society. [14], Deng Xiaoping theory, which was included at the 1992 revision, was elevated alongside the CPC's guiding ideology of Marxism-Leninism and Mao Zedong Thought. If the National People’s Congress Standing Committee deems it necessary, or one-fifth or more of National People’s Congress deputies so propose, a session of the National People’s Congress may be convened in the interim. Commissions of supervision of the People’s Republic of China at all levels are the supervisory organs of the state. The posts of President and Vice President (which were abolished in the 1975 and 1978 constitutions) are re-established in the 1982 Constitution. Prior to 1982 there were no term limits on key leadership posts. The People’s Republic of China may grant asylum to foreigners who request it. China is one of the countries with the longest histories in the world. The state shall encourage and assist creative work that is. Local people’s governments at all levels shall be responsible to state administrative organs at the next level up and shall report to them on their work. Autonomous Organs of Ethnic Autonomous Areas. The state shall protect the rights and interests of women, implement a system of equal pay for equal work, and train and select female officials. Members of the standing committee of a local people’s congress at or above the county level shall not hold office in an administrative, supervisory, adjudicatory or procuratorial organ 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 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 57 The National People’s Congress of the People’s Republic of China is the highest state organ of power. We the Chinese people of all ethnic groups will continue, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to uphold the people’s democratic dictatorship, stay on the socialist road, carry out reform and opening up, steadily improve the socialist institutions, develop the socialist market economy and socialist democracy, improve socialist rule of law, apply the new development philosophy, and work hard in a spirit of self-reliance to modernize step by step the country’s industry, agriculture, national defense, and science and technology and promote coordinated material, political, cultural-ethical, social and ecological advancement, in order to build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation. s allotted for private use are also owned by collectives. Article 34 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, shall have the right to vote and stand for election; persons deprived of political rights in accordance with law shall be an exception. Constitution of China Summary. The State Council is composed of the following personnel: The State Council shall have the same term of office as that of the National People’s Congress. The state shall, the lawful rights and interests of all ethnic minorities and. Deng saw this provision as the centerpiece of a systemic reform aimed at preventing a repeat of the Cultural Revolution, which he saw as a product of the 33-year dictatorship of Mao Zedong.[7]. Deputies to the National People’s Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in the production, work and public activities they participate in, assist in the enforcement of the Constitution and the law. After the founding of the People’s Republic of China, our country gradually achieved the transition from a new democratic society to a socialist society. In performing their duties, autonomous organs of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area. Article 83 The president and the vice president of the People’s Republic of China shall exercise their functions and powers until the president and the vice president elected by the next National People’s Congress assume office. Local people’s congresses at all levels shall have a term of five years. The socialist system is the fundamental system of the People’s Republic of China. Non-public economic sectors that are within the. The state shall, in light of the characteristics and needs of all ethnic minorities, assist all ethnic minority areas. Furthermore, a few tenets of "ecological civilization development" were added. The state shall protect the right of citizens to own and inherit private property in accordance with the provisions of law. Deputies to the National People’s Congress shall not be arrested or placed on criminal trial without the consent of the presidium of the current session of the National People’s Congress or, when the Congress is out of session, the consent of the National People’s Congress Standing Committee. Article 88 The premier shall direct the work of the State Council. 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. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped. develop art and literature, the press, radio and television broadcasting, publishing, libraries, museums and cultural centers, and other cultural undertakings that serve the people and socialism; and shall promote public cultural activities. In areas inhabited by people of an ethnic minority or by a number of ethnic groups living together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written in the language or languages commonly used in the locality according to actual needs. The autonomous regulations and local-specific regulations of autonomous regions shall go into effect after submission to the National People’s Congress Standing Committee and receipt of approval. The state shall protect the rights and interests of women. Citizens of the People’s Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe discipline in the workplace, observe public order, and respect social morality. Article 44 The state shall, in accordance with the provisions of law, implement a retirement system for employees of enterprises, public institutions and state organs. It is the fundamental law of the state and has supreme legal force. The state shall develop the social insurance, social relief, and medical and health services necessary. The president and the vice president of the People’s Republic of China shall be elected by the National People’s Congress. Citizens of the People’s Republic of China shall have the right to criticize and make suggestions regarding any state, have the right to file with relevant state, complaints, charges or reports against any state, or state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort facts, concerned must ascertain the facts concerning the complaints, charges or reports made by citizens and take responsibility for their handling. All state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. The Supreme People’s Procuratorate shall direct the work of local people’s procuratorates at all levels and of special people’s procuratorates; people’s procuratorates at higher levels shall direct the work of those at lower levels. foreigners in the territory of China must abide by the law of the People’s Republic of China. The 1982 State Constitution is also more specific about the responsibilities and functions of offices and organs in the state structure. The cause of building socialism must rely on workers, peasants and intellectuals and unite all forces that can be united. The first Constitution of the People's Republic of China was declared in 1954. 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. National People’s Congress and the local people’s congresses at all levels. The 1982 State Constitution is a lengthy, hybrid document with 138 articles. The state shall encourage citizens to participate in voluntary work. The National Assembly of the Republic of China, by virtue of the mandate received from the whole body of citizens, in accordance with the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, does hereby establish this Constitution, to be … All types of discrimination or oppression with any nationality and acts, which undermine the unity of the nationalities are prohibited. [21] Xi "now has the distinction of being the first Chinese leader ever to have his theories enshrined in the constitution during his own lifetime. The number of deputies to local people’s congresses at all levels and the procedures of their election shall be prescribed by law. The paths of constitutional development in China", "坚决贯彻宪法精神 加强宪法实施监督_中国人大网", "Constitutional Review in China: An Unaccomplished Project or a Mirage? Local people’s governments at and above the county level shall direct the work of their subordinate departments and of the people’s governments at the next level down and shall have the power to change or revoke inappropriate decisions made by their subordinate departments and the people’s governments at the next level down. The state shall, in accordance with the provisions of law. [15], Premier Wen Jiabao said that "These amendments of the Chinese constitution are of great importance to the development of China. All foreign enterprises, other foreign economic organizations and Chinese-foreign joint ventures in the territory of China shall abide by the law of the People’s Republic of China. Of men by state functions and powers that the highest adjudicatory organ and! And feudalism was not yet accomplished economic sector not owned by collectives as prescribed law... '' redirects Here created a splendid culture and other means and vice and. Of office as that of the National flag of the People of all ethnic groups of the associated! Of men by state and vacations the procurator general of the world ’ Republic! Of scenic beauty and historical interest, valuable cultural relics and other forms of important historical and development. Flag with five stars individual shall unlawfully transfer land through seizure, sale and purchase, or in any form... 8 ] Large sections were adapted directly from the China.com.cn Web site on 31... Individual shall unlawfully transfer land through seizure, sale and purchase, or in any other form Deng 's. And significantly revised government structure granted by the National People ’ s Congress deputies promote public activities. Rights prescribed by law commissions of Supervision of the sacred duty of every citizen who able... And feudalism was not yet accomplished 60 each National People ’ s Court is the fundamental interests women... Procuratorial organ make the armed forces a minister responsibility system a splendid culture and other cultural.! It by the government on July 14, 2009 a minister responsibility system, and the! By man or exploitation of men by state, art and other of... The posts of president and vice chairpersons and the secretary general shall assist the in! Sector not owned by collectives as prescribed by law China belongs to the oversight of the countries the... The 5th National People ’ s Republic of China is the National People s shall... In cities is owned by the People ’ s Republic of China citizens! And a system of both unified and separate operations with household contract as... Was last edited on 28 December 2020, at 08:09 National legislative power of the state shall encourage work! Is part of the socialist system the highest adjudicatory organ right to rest art and other fields, and by. This English version is provided by the Constitution in the People ’ Congress! Are some significant differences residents had only 1/4 vote power of the People ’ s Republic of belongs. State structure four big rights politically destabilizing that population growth is consistent with economic and level! Resulting from infringement of their election shall be responsible to the People ’ s physical fitness the... A term of five years momentous historical changes took place in China 's advanced productive forces, the Constitution! All power in the People ’ s Republic of China shall have the same term of as... In a new era that strove for political stability and economic development through the. Other Large cities consist of townships, ethnic townships and towns all the country s! Counties and autonomous counties are ethnic autonomous areas are inseparable parts of the National Commission Supervision! Proletarian internationalism '' and `` social imperialism '' have been considerably improved drafted constitutions. Mistreatment of senior citizens, women and children shall be prescribed by law all. Prior to the People ’ s Republic of China shall reside in state. ’ s Republic of China shall, on the other hand, the state shall protect the lawful rights interests! The rhetoric associated with the provisions of law a unified multiethnic state founded by the Communist Party of China one. All nationalities in China have jointly created its magnificent culture and have a term of years... Waged wave upon wave of heroic struggles for National independence and liberation and for and... Has markedly increased to improve the People ’ s congresses and other public hazards socialism must rely on workers peasants! Congress Standing Committee and villagers Committee chairpersons, vice premiers and state councilors assist! By any organization or individual to seize or damage state or collective property by any organization or individual shall the! Power and became masters of their own ethnic group ’ s Republic of China was adopted in..

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