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PREAMBLE
China is one of the countries
with the longest histories in the world.
The people of all nationalities in China have
jointly created a splendid culture and have a
glorious revolutionary tradition. Feudal China
was gradually reduced after 1840 to a
semi-colonial and semi-feudal country. The
Chinese people waged wave upon wave of heroic
struggles for national independence and
liberation and for democracy and freedom. Great
and earth-shaking historical changes have taken
place in China in the 20th century. The
Revolution of 1911, led by Dr Sun Yat-sen,
abolished the feudal monarchy and gave birth to
the Republic of China. But the Chinese people
had yet to fulfil their historical task of
overthrowing imperialism and feudalism. After
waging hard, protracted and tortuous struggles,
armed and otherwise, the Chinese people of all
nationalities led by the Communist Party of
China with Chairman Mao Zedong as its leader
ultimately, in 1949, overthrew the rule of
imperialism, feudalism and bureaucrat
capitalism, won the great victory of the
new-democratic revolution and founded the
People's Republic of China. Thereupon the
Chinese people took state power into their own
hands and became masters of the country.
After the founding of the
People's Republic, the
transition of Chinese society from a new-
democratic to a socialist society was effected
step by step. The socialist transformation of
the private ownership of the means of production
was completed, the system of exploitation of man
by man eliminated and the socialist system
established. The people's democratic
dictatorship led by the working class and based
on the alliance of workers and peasants, which
is in essence the dictatorship of the
proletariat, has been consolidated and
developed. The Chinese people and the Chinese
People's Liberation Army have thwarted
aggression, sabotage and armed provocations by
imperialists and hegemonists,safeguarded China's
national independence and security and
strengthened its national defence. Major
successes have been achieved in economic
development. An independent and fairly
comprehensive socialist system of industry has
in the main been established. There has been a
marked increase in agricultural production.
Significant progress has been made in
educational, scientific, cultural and other
undertakings, and socialist ideological
education has yielded noteworthy results. The
living standards of the people have improved
considerably. Both the victory of China's
new-democratic revolution and the successes of
its socialist cause have been achieved by the
Chinese people of all nationalities under the
leadership of the Communist Party of China and
the guidance of Marxism-Leninism and Mao Zedong
Thought, and by upholding truth, correcting
errors and overcoming numerous difficulties and
hardships.
The basic task of the nation
in the years to come is to concentrate its
effort on socialist modernization.
Under the leadership of the Communist Party of
China and the guidance of Marxism- Leninism and
Mao ZedongThought, the Chinese people of all
nationalities will continue to adhere to the
people's democratic dictatorship and follow the
socialist road, steadily improve socialist
institutions, develop socialist democracy,
improve the socialist legal system and work hard
and self-reliantly to modernize industry,
agriculture, national defence and science and
technology step by step to turn China into a
socialist country with a high level of culture
and democracy. The exploiting classes as such
have been eliminated in our country. However,
class struggle will continue to exist within
certain limits for a long time to come. The
Chinese people must fight against those forces
and elements, both at home and abroad, that are
hostile to China's socialist system and try to
undermine it. Taiwan is part of the sacred
territory of the People's Republic of China. It
is the lofty duty of the entire Chinese people,
including our compatriots in Taiwan, to
accomplish the great task of reunifying the
motherland. In building socialism it is
imperative to rely on the workers, peasants and
intellectuals and unite with all the forces that
can be united. In the long years of revolution
and construction, there has been formed under
the leadership of the Communist Party of China a
broad patriotic united front that is composed of
democratic parties and people's organizations
and embraces all socialist working people, all
patriots who support socialism and all patriots
who stand for reunification of the motherland.
This united front will continue to be
consolidated and developed. The Chinese People's
Political Consultative Conference is a broadly
representative organization of the united front,
which has played a significant historical role
and will continue to do so in the political and
social life of the country, in promoting
friendship with the people of other countries
and in the struggle for socialist modernization
and for the reunification and unity of the
country. The People's Republic of China is a
unitary multi-national state built up jointly by
the people of all its nationalities. Socialist
relations of equality, unity and mutual
assistance have been established among them and
will continue to be strengthened. In the
struggle to safeguard the unity of the
nationalities, it is necessary to combat
big-nation chauvinism, mainly Han chauvinism,
and also necessary to combat local-national
chauvinism. The state does its utmost to promote
the common prosperity of all nationalities in
the country. China's achievements in revolution
and construction are inseparable from support by
the people of the world. The future of China is
closely linked with that of the whole world.
China adheres to an independent foreign policy
as well as to the five principles of mutual
respect for sovereignty and territorial
integrity, mutual non-aggression,
non-interference in each other's internal
affairs, equality and mutual benefit, and
peaceful coexistence in developing diplomatic
relations and economic and cultural exchanges
with other countries; China consistently opposes
imperialism, hegemonism and colonialism, works
to strengthen unity with the people of other
countries, supports the oppressed nations and
the developing countries in their just struggle
to win and preserve national independence and
develop their national economies, and strives to
safeguard world peace and promote the cause of
human progress. This Constitution affirms the
achievements of the struggles of the Chinese
people of all nationalities and defines the
basic system and basic tasks of the state in
legal form; it is the fundamental law of the
state and has supreme legal authority. The
people of all nationalities, all state organs,
the armed forces, all political parties and
public organizations and all enterprises and
undertakings in the country must take the
Constitution as the basic norm of conduct, and
they have the duty to uphold the dignity of the
Constitution and ensure its implementation.
CHAPTER I.
GENERAL PRINCIPLES
Article 1. The People's
Republic of China is a
socialist state under the people's democratic
dictatorship led by the working class and based
on the alliance of workers and peasants. The
socialist system is the basic system of the
People's Republic of China. Sabotage of the
socialist system by any organization or
individual is prohibited.
Article 2. All power in the
People's Republic of China belongs
to the people. The organs through which the
people exercise state power are the National
People's Congress and the local people's
congresses at different levels. The people
administer state affairs and manage economic,
cultural and social affairs through various
channels and in various ways in accordance with
the law.
Article 3. The state organs of
the People's Republic of China apply the
principle of democratic centralism.
The National People's Congress and the local
people's congresses at different levels are
instituted through democratic election. They are
responsible to the people and subject to their
supervision. All administrative, judicial and
procuratorial organs of the state are created by
the people's congresses to which they are
responsible and under whose supervision they
operate. The division of functions and powers
between the central and local state organs is
guided by the principle of giving full play to
the initiative and enthusiasm of the local
authorities under the unified leadership of the
central authorities.
Article 4. All nationalities
in the People's Republic of China are equal.
The state protects the lawful rights and
interests of the minority nationalities and
upholds and develops the relationship of
equality, unity and mutual assistance among all
of China's nationalities. Discrimination against
and oppression of any nationality are
prohibited; any acts that undermine the unity of
the nationalities or instigate their secession
are prohibited. The state helps the areas
inhabited by minority nationalities speed up
their economic and cultural development in
accordance with the peculiarities and needs of
the different minority nationalities. Regional
autonomy is practised in areas where people of
minority nationalities live in compact
communities; in these areas organs of self-
government are established for the exercise of
the right of autonomy. All the national
autonomous areas are inalienable parts of the
People's Republic of China. The people of all
nationalities have the freedom to use and
develop their own spoken and written languages,
and to preserve or reform their own ways and
customs.
Article 5. The state upholds
the uniformity and dignity of the socialist
legal system. No law
or administrative or local rules and regulations
shall contravene the constitution. All state
organs, the armed forces, all political parties
and public organizations and all enterprises and
undertakings must abide by the Constitution and
the law. All acts in violation of the
Constitution and the law must be investigated.
No organization or individual may enjoy the
privilege of being above the Constitution and
the law.
Article 6. The basis of the
socialist economic system of the People's
Republic of China is socialist public ownership
of the means of production,
namely, ownership by the whole people and
collective ownership by the working people. The
system of socialist public ownership supersedes
the system of exploitation of man by man; it
applies the principle of 'from each according to
his ability, to each according to his work.
Article 7. The state economy
is the sector of socialist economy under
ownership by the whole people;
it is the leading force in the national economy.
The state ensures the consolidation and growth
of the state economy.
Article 8. Rural people's
communes, agricultural producers' co-operatives,
and other forms of co- operative economy
such as producers' supply and marketing, credit
and consumers co-operatives, belong to the
sector of socialist economy under collective
ownership by the working people. Working people
who are members of rural economic collectives
have the right, within the limits prescribed by
law, to farm private plots of cropland and hilly
land, engage in household sideline production
and raise privately owned livestock. The various
forms of co-operative economy in the cities and
towns, such as those in the handicraft,
industrial, building, transport, commerical and
service trades, all belong to the sector of
socialist economy under collective ownership by
the working people. The state protects the
lawful rights and interests of the urban and
rural economic collectives and encourages,
guides and helps the growth of the collective
economy.
Article 9. Mineral resources,
waters, forests, mountains, grassland,
unreclaimed land, beaches and other natural
resources are owned by the state,
that is, by the whole people, with the exception
of the forests, mountains, grassland,
unreclaimed land and beaches that are owned by
collectives in accordance with the law. The
state ensures the rational use of natural
resources and protects rare animals and plants.
The appropriation or damage of natural resources
by any organization or individual by whatever
means is prohibited.
Article 10. Land in the cities
is owned by the state.
Land in the rural and suburban areas is owned by
collectives except for those portions which
belong to the state in accordance with the law;
house sites and private plots of cropland and
hilly land are also owned by collectives. The
state may in the public interest take over land
for its use in accordance with the law. No
organization or individual may appropriate, buy,
sell or lease land, or unlawfully transfer land
in other ways. All organizations and individuals
who use land must make rational use of the land.
Article 11. The individual
economy of urban and rural working people,
operated within the limits prescribed by law, is
a complement to the socialist public economy.
The state protects the lawful rights and
interests of the individual economy. The state
guides, helps and supervises the individual
economy by exercising administrative control.
Article 12. Socialist public
property is sacred and inviolable.
The state protects socialist public property.
Appropriation or damage of state or collective
property by any organization or individual by
whatever means is prohibited.
Article 13. The state protects
the right of citizens to own lawfully earned
income, savings, houses and other lawful
property. The state
protects by law the right of citizens to inherit
private property.
Article 14. The state
continuously raises labour productivity,
improves economic results and develops the
productive forces by enhancing the enthusiasm of
the working people,
raising the level of their technical skill,
disseminating advanced science and technology,
improving the systems of economic administration
and enterprise operation and management,
instituting the socialist system of
responsibility in various forms and improving
organization of work. The state practises strict
economy and combats waste. The state properly
apportions accumulation and consumption, pays
attention to the interests of the collective and
the individual as well as of the state and, on
the basis of expanded production, gradually
improves the material and cultural life of the
people.
Article 15. The state
practises economic planning on the basis of
socialist public ownership.
It ensures the proportionate and co-ordinated
growth of the national economy through overall
balancing by economic planning and the
supplementary role of regulation by the market.
Disturbance of the orderly functioning of the
social economy or disruption of the state
economic plan by any organization or individual
is prohibited.
Article 16. State enterprises
have decision-making power in operation and
management within the limits prescribed by law,
on condition that they submit to unified
leadership by the state and fulfil all their
obligations under the state plan. State
enterprises practise democratic management
through congresses of workers and staff and in
other ways in accordance with the law.
Article 17. Collective
economic organizations have decision-making
power in conducting independent economic
activities, on
condition that they accept the guidance of the
state plan and abide by the relevant laws.
Collective economic organizations practise
democratic management in accordance with the
law, with the entire body of their workers
electing or removing their managerial personnel
and deciding on major issues concerning
operation and management.
Article 18. The People's
Republic of China permits foreign enterprises,
other foreign economic organizations and
individual foreigners to invest in China
and to enter into various forms of economic
co-operation with Chinese enterprises and other
economic organizations in accordance with the
law of the People's Republic of China. All
foreign enterprises and other foreign economic
organizations in China, as well as joint
ventures with Chinese and foreign investment
located in China, shall abide by the law of the
People's Republic of China. Their lawful rights
and interests are protected by the law of the
People's Republic of China.
Article 19. The state develops
socialist educational undertakings and works to
raise the scientific and cultural level of the
whole nation. The
state runs schools of various types, makes
primary education compulsory and universal,
develops secondary, vocational and higher
education and promotes pre-school education. The
state develops educational facilities of various
types in order to wipe out illiteracy and
provide political, cultural, scientific,
technical and professional education for
workers, peasants, state functionaries and other
working people. It encourages people to become
educated through self- study. The state
encourages the collective economic
organizations, state enterprises and
undertakings and other social forces to set up
educational institutions of various types in
accordance with the law. The state promotes the
nationwide use of Putonghua (common speech based
on Beijing pronunciation).
Article 20. The state promotes
the development of the natural and social
sciences, disseminates
scientific and technical knowledge, and commends
and rewards achievements in scientific research
as well as technological discoveries and
inventions.
Article 21. The state develops
medical and health services,
promotes modern medicine and traditional Chinese
medicine, encourages and supports the setting up
of various medical and health facilities by the
rural economic collectives, state enterprises
and undertakings and neighbourhood
organizations, and promotes sanitation
activities of a mass character, all to protect
the people's health. The state develops physical
culture and promotes mass sports activities to
build up the people's physique.
Article 22. The state promotes
the development of literature and art,
the press, broadcasting and television
undertakings, publishing and distribution
services, libraries, museums, cultural centres
and other cultural undertakings, that serve the
people and socialism, and sponsors mass cultural
activities. The state protects places of scenic
and historical interest,valuable cultural
monuments and relics and other important items
of China's historical and cultural heritage.
Article 23. The state trains
specialized personnel in all fields
who serve socialism, increases the number of
intellectuals and creates conditions to give
full scope to their role in socialist
modernization.
Article 24. The state
strengthens the building of socialist spiritual
civilization through
spreading education in high ideals and morality,
general education and education in discipline
and the legal system, and through promoting the
formulation and observance of rules of conduct
and common pledges by different sections of the
people in urban and rural areas. The state
advocates the civic virtues of love for the
motherland, for the people, for labour, for
science and for socialism; it educates the
people in patriotism, collectivism,
internationalism and communism and in
dialectical and historical materialism; it
combats the decadent ideas of capitalism and
feudalism and other decadent ideas.
Article 25. The state promotes
family planning so
that population growth may fit the plans for
economic and social development.
Article 26. The state protects
and improves the living environment
and the ecological environment, and prevents and
controls pollution and other public hazards. The
state organizes and encourages afforestation and
the protection of forests.
Article 27. All state organs
carry out the principle of simple and efficient
administration, the
system of responsibility for work and the system
of training functionaries and appraising their
work in order constantly to improve quality of
work and efficiency and combat bureaucratism.
All state organs and functionaries must rely on
the support of the people, keep in close touch
with them, heed their opinions and suggestions,
accept their supervision and work hard to serve
them.
Article 28. The state
maintains public order and suppresses
treasonable and other counter- revolutionary
activities; it
penalizes actions that endanger public security
and disrupt the socialist economy and other
criminal activities, and punishes and reforms
criminals.
Article 29. The armed forces
of the People's Republic of China belong to the
people. Their tasks
are to strengthen national defence, resist
aggression, defend the motherland, safeguard the
people's peaceful labour, participate in
national reconstruction, and work hard to serve
the people. The state strengthens the
revolutionization, modernization and
regularization of the armed forces in order to
increase the national defence capability.
Article 30. The administrative
division of the People's Republic of China is as
follows: (1) The
country is divided into provinces, autonomous
regions and municipalities directly under the
Central Government; (2) Provinces and autonomous
regions are divided into autonomous prefectures,
counties, autonomous counties and cities; (3)
Counties and autonomous counties are divided
into townships, nationality townships and towns.
Municipalities directly under the Central
Government and other large cities are divided
into districts and counties. Autonomous
prefectures are divided into counties,
autonomous counties, and cities. All autonomous
regions, autonomous prefectures and autonomous
counties are national autonomous areas.
Article 31. The state may
establish special administrative regions when
necessary. The systems
to be instituted in special administrative
regions shall be prescribed by law enacted by
the National People's Congress in the light of
the specific conditions.
Article 32. The People's
Republic of China protects the lawful rights and
interests of foreigners
within Chinese territory, and while on Chinese
territory foreigners must abide by the law of
the People's Republic of China. The People's
Republic of China may grant asylum to foreigners
who request it for political reasons.
CHAPTER II. THE
FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Article 33. All persons
holding the nationality of the People's Republic
of China are citizens
of the People's Republic of China. All citizens
of the People's Republic of China are equal
before the law. Every citizen enjoys the rights
and at the same time must perform the duties
prescribed by the Constitution and the law.
Article 34. All citizens of
the People's Republic of China who have reached
the age of 18 have the right to vote
and stand for election, regardless of
nationality, race, sex, occupation, family
background, religious belief, education,
property status, or length of residence, except
persons deprived of political rights according
to law.
Article 35. Citizens of the
People's Republic of China enjoy freedom of
speech, of the press, of assembly, of
association, of procession and of demonstration.
Article 36. Citizens of the
People's Republic of China enjoy freedom of
religious belief. No
state organ, public organization or individual
may compel citizens to believe in, or not to
believe in, any religion; nor may they
discriminate against citizens who believe in, or
do not believe in, any religion. The state
protects normal religious activities. No one may
make use of religion to engage in activities
that disrupt public order, impair the health of
citizens or interfere with the educational
system of the state. Religious bodies and
religious affairs are not subject to any foreign
domination.
Article 37. The freedom of
person of citizens of the People's Republic of
China is inviolable.
No citizen may be arrested except with the
approval or by decision of a people's
procuratorate or by decision of a people's
court, and arrests must be made by a public
security organ. Unlawful deprivation or
restriction of citizens' freedom of person by
detention or other means is prohibited; and
unlawful search of the person of citizens is
prohibited. Article 38. The personal dignity of
citizens of the People's Republic of China is
inviolable. Insult, libel, false charge or
frame-up directed against citizens by any means
is prohibited.
Article 39. The home of
citizens of the People's Republic of China is
inviolable. Unlawful
search of, or intrusion into, a citizen's home
is prohibited.
Article 40. The freedom and
privacy of correspondence of citizens of the
People's Republic of China are protected by law.
No organization or individual may, on any
ground, infringe upon the freedom and privacy of
citizens' correspondence except in cases where,
to meet the needs of state security or of
investigation into criminal offences, public
security or procuratorial organs are permitted
to censor correspondence in accordance with
procedures prescribed by law.
Article 41. Citizens of the
People's Republic of China have the right to
criticize and make suggestions to any state
organ or functionary.
Citizens have the right to make to relevant
state organs complaints and charges against, or
exposures of, violation of the law or
dereliction of duty by any state organ or
functionary; but fabrication or distortion of
facts with the intention of libel or frame-up is
prohibited. In case of complaints, charges or
exposures made by citizens, the state organ
concerned must deal with them in a responsible
manner after ascertaining the facts. No one may
suppress such complaints, charges and exposures,
or retaliate against the citizens making them.
Citizens who have suffered losses through
infringement of their civil rights by any state
organ or functionary have the right to
compensation in accordance with the law.
Article 42. Citizens of the
People's Republic of China have the right as
well as the duty to work.
Using various channels, the state creates
conditions for employment, strengthens labour
protection, improves working conditions and, on
the basis of expanded production, increases
remuneration for work and social benefits. Work
is the glorious duty of every able-bodied
citizen. All working people in state enterprises
and in urban and rural economic collectives
should perform their tasks with an attitude
consonant with their status as masters of the
country. The state promotes socialist labour
emulation, and commends and rewards model and
advanced workers. The state encourages citizens
to take part in voluntary labour. The state
provides necessary vocational training to
citizens before they are employed.
Article 43. Working people in
the People's Republic of China have the right to
rest. The state
expands facilities for rest and recuperation of
working people, and prescribes working hours and
vacations for workers and staff.
Article 44. The state
prescribes by law the system of retirement for
workers and staff in enterprises and
undertakings and for functionaries of organs of
state. The livelihood
of retired personnel is ensured by the state and
society.
Article 45. Citizens of the
People's Republic of China have the right to
material assistance from the state and society
when they are old, ill or disabled.
The state develops the social insurance, social
relief and medical and health services that are
required to enable citizens to enjoy this right.
The state and society ensure the livelihood of
disabled members of the armed forces, provide
pensions to the families of martyrs and give
preferential treatment to the families of
military personnel. The state and society help
make arrangements for the work, livelihood and
education of the blind, deaf-mute and other
handicapped citizens.
Article 46. Citizens of the
People's Republic of China have the duty as well
as the right to receive education.
The state promotes the all-round moral,
intellectual and physical development of
children and young people.
Article 47. Citizens of the
People's Republic of China have the freedom
to engage in scientific research, literary and
artistic creation and other cultural pursuits.
The state encourages and assists creative
endeavours conducive to the interests of the
people made by citizens engaged in education,
science, technology, literature, art and other
cultural work.
Article 48. Women in the
People's Republic of China enjoy equal rights
with men in all spheres of life, political,
economic, cultural and social, and family life.
The state protects the rights and interests of
women, applies the principle of equal pay for
equal work for men and women alike and trains
and selects cadres from among women.
Article 49. Marriage, the
family, and mother and child are protected by
the state. Both
husband and wife have the duty to practise
family planning. Parents have the duty to rear
and educate their minor children, and children
who have come of age have the duty to support
and assist their parents. Violation of the
freedom of marriage is prohibited. Maltreatment
of old people, women and children is prohibited.
Article 50. The People's
Republic of China protects the legitimate rights
and interests of Chinese nationals residing
abroad and protects
the lawful rights and interests of returned
overseas Chinese and of the family members of
Chinese nationals residing abroad.
Article 51. The exercise by
citizens of the People's Republic of China of
their freedoms and rights may not infringe upon
the interests of the state,
of society and of the collective, or upon the
lawful freedoms and rights of other citizens.
Article 52. It is the duty of
citizens of the People's Republic of China to
safeguard the unity of the country
and the unity of all its nationalities.
Article 53. Citizens of the
People's Republic of China must abide by the
constitution and the law,
keep state secrets, protect public property and
observe labour discipline and public order and
respect social ethics.
Article 54. It is the duty of
citizens of the People's Republic of China to
safeguard the security, honour and interests of
the motherland; they
must not commit acts detrimental to the
security, honour and interests of the
motherland.
Article 55. It is the sacred
obligation of every citizen of the People's
Republic of China to defend the motherland and
resist aggression. It
is the honourable duty of citizens of the
People's Republic of China to perform military
service and join the militia in accordance with
the law.
Article 56. It is the duty of
citizens of the People's Republic of China to
pay taxes in accordance with the law.
CHAPTER III.
THE STRUCTURE OF THE STATE
SECTION 1. THE NATIONAL
PEOPLE'S CONGRESS
Article 57. The National
People's Congress of the People's Republic of
China is the highest organ of state power. Its
permanent body is the Standing Committee of the
National People's Congress.
Article 58. The National
People's Congress and its Standing Committee
exercise the legislative power of the state.
Article 59. The National
People's Congress is composed of deputies
elected by the provinces, autonomous regions and
municipalities directly under the Central
Government, and by the armed forces.
All the minority nationalities are entitled to
appropriate representation. Election of deputies
to the National People's Congress is conducted
by the Standing Committee of the National
People's Congress. The number of deputies to the
National People's Congress and the manner of
their election are prescribed by law.
Article 60. The National
People's Congress is elected for a term of five
years. Two months
before the expiration of the term of office of a
National People's Congress, its Standing
Committee must ensure that the election of
deputies to the succeeding National People's
Congress is completed. Should exceptional
circumstances prevent such an election, it may
be postponed by decision of a majority vote of
more than two- thirds of all those on the
Standing Committee of the incumbent National
People's Congress, and the term of office of the
incumbent National People's Congress may be
extended. The election of deputies to the
succeeding National People's Congress must be
completed within one year after the termination
of such exceptional circumstances.
Article 61. The National
People's Congress meets in session once a year
and is convened by its Standing Committee.
A session of the National People's Congress may
be convened at any time the Standing Committee
deems this necessary, or when more than
one-fifth of the deputies to the National
People's Congress so propose. When the National
People's Congress meets, it elects a presidium
to conduct its session.
Article 62. The National
People's Congress exercises the following
functions and powers:
(1) To amend the Constitution;
(2) To supervise the
enforcement of the Constitution;
(3) To enact and amend basic
statutes concerning criminal offences, civil
affairs, the state organs and other matters;
(4) To elect the President and
the Vice-President of the People's Republic of
China; (previously translated as Chairman and
Vice-Chairman of the People's Republic of
China--translator's note.)
(5) To decide on the choice of
the Premier of the State Council upon nomination
by the President of the People's Republic of
China, and to decide on the choice of the
Vice-Premiers, State Councillors, Ministers in
charge of Ministries or Commissions and the
Auditor-General and the Secretary-General of the
State Council upon nomination by the Premier;
(6) To elect the Chairman of
the Central Military Commission and, upon his
nomination, to decide on the choice of the other
members of the Central Military Commission;
(7) To elect the President of
the Supreme People's Court;
(8) To elect the
Procurator-General of the Supreme People's
Procuratorate;
(9) To examine and approve the
plan for national economic and social
development and the reports on its
implementation;
(10) To examine and approve
the state budget and the report on its
implementation;
(11) To alter or annul
inappropriate decisions of the Standing
Committee of the National People's Congress;
(12) To approve the
establishment of provinces, autonomous regions,
and municipalities directly under the Central
Government;
(13) To decide on the
establishment of special administrative regions
and the systems to be instituted there;
(14) To decide on questions of
war and peace; and
(15) To exercise such other
functions and powers as the highest organ of
state power should exercise.
Article 63. The National
People's Congress has the power to recall or
remove from office the following persons:
(1) The President and the
Vice-President of the People's Republic of
China;
(2) The Premier,
Vice-Premiers, State Councillors, Ministers in
charge of Ministries or Commissions and the
Auditor-General and the Secretary-General of the
State Council;
(3) The Chairman of the
Central Military Commission and others on the
commission;
(4) The President of the
Supreme People's Court; and
(5) The Procurator-General of
the Supreme People's Procuratorate.
Article 64. Amendments to the
Constitution are to be proposed by the Standing
Committee of the National People's Congress or
by more than one-fifth of the deputies to the
National People's Congress and adopted by a
majority vote of more than two-thirds of all the
deputies to the Congress.
Statutes and resolutions are adopted by a
majority vote of more than one half of all the
deputies to the National People's Congress.
Article 65. The Standing
Committee of the National People's Congress is
composed of the following: The Chairman; The
Vice-Chairmen; The Secretary-General; and
Members. Minority nationalities
are entitled to appropriate representation on
the Standing Committee of the National People's
Congress. The National People's Congress elects,
and has the power to recall, all those on its
Standing Committee. No one on the Standing
Committee of the National People's Congress
shall hold any post in any of the
administrative, judicial or procuratorial organs
of the state.
Article 66. The Standing
Committee of the National People's Congress is
elected for the same term as the National
People's Congress; it
exercises its functions and powers until a new
Standing Committee is elected by the succeeding
National People's Congress. The Chairman and
Vice-Chairmen of the Standing Committee shall
serve no more than two consecutive terms.
Article 67. The Standing
Committee of the National People's Congress
exercises the following functions and powers:
(1) To interpret the
Constitution and supervise its enforcement;
(2) To enact and amend
statutes with the exception of those which
should be enacted by the National People's
Congress;
(3) To enact,when the National
People's Congress is not in session, partial
supplements and amendments to statutes enacted
by the National People's Congress provided that
they do not contravene the basic principles of
these statutes;
(4) To interpret statutes;
(5) To examine and approve,
when the National People's Congress is not in
session, partial adjustments to the plan for
national economic and social development and to
the state budget that prove necessary in the
course of their implementation;
(6) To supervise the work of
the State Council,the Central Military
Commission, the Supreme People's Court and the
Supreme People's Procuratorate;
(7) To annual those
administrative rules and regulations, decisions
or orders of the State Council that contravene
the Constitution or the statutes;
(8) To annul those local
regulations or decisions of the organs of state
power of provinces, autonomous regions and
municipalities directly under the Central
Government that contravene the Constitution, the
statutes or the administrative rules and
regulations;
(9) To decide, when the
National People's Congress is not in session, on
the choice of Ministers in charge of Ministries
or Commissions or the Auditor-General and the
Secretary-General of the State Council upon
nomination by the Premier of the State Council;
(10) To decide, upon
nomination by the Chairman of the Central
Military Commission, on the choice of others on
the commission, when the National People's
Congress is not in session;
(11) To appoint and remove the
Vice-Presidents and judges of the Supreme
People's Court, members of its Judicial
Committee and the President of the Military
Court at the suggestion of the President of the
Supreme People's Court;
(12) To appoint and remove the
Deputy Procurators-General and procurators of
the Supreme People's Procuratorate, members of
its Procuratorial Committee and the Chief
Procurator of the Military Procuratorate at the
request of the Procurator-General of the Supreme
People's Procuratorate, and to approve the
appointment and removal of the chief procurators
of the people's procuratorates of provinces,
autonomous regions and municipalities directly
under the Central Government;
(13) To decide on the
appointment and recall of plenipotentiary
representatives abroad;
(14) To decide on the
ratification and abrogation of treaties and
important agreements concluded with foreign
states;
(15) To institute systems of
titles and ranks for military and diplomatic
personnel and of other specific titles and
ranks;
(16) To institute state medals
and titles of honour and decide on their
conferment;
(17) To decide on the granting
of special pardons;
(18) To decide, when the
National People's Congress is not in session, on
the proclamation of a state of war in the event
of an armed attack on the country or in
fulfillment of international treaty obligations
concerning common defence against aggression;
(19) To decide on general
mobilization or partial mobilization;
(20) To decide on the
enforcement of martial law throughout the
country or in particular provinces, autonomous
regions or municipalities directly under the
Central Government; and
(21) To exercise such other
functions and powers as the National People's
Congress may assign to it.
Article 68. The Chairman of
the Standing Committee of the National People's
Congress presides over the work of the Standing
Committee and convenes its meetings.
The Vice-Chairmen and the Secretary-General
assist the Chairman in his work. Chairmanship
meetings with the participation of the chairman,
vice- chairmen and secretary-general handle the
important day-to-day work of the Standing
Committee of the National People's Congress.
Article 69. The Standing
Committee of the National People's Congress is
responsible to the National People's Congress
and reports on its work to the Congress.
Article 70. The National
People's Congress establishes a Nationalities
Committee, a Law Committee, a Finance and
Economic Committee, an Education, Science,
Culture and Public Health Committee, a Foreign
Affairs Committee, an Overseas Chinese Committee
and such other special committees as are
necessary. These
special committees work under the direction of
the Standing Committee of the National People's
Congress when the Congress is not in session.
The special committees examine, discuss and draw
up relevant bills and draft resolutions under
the direction of the National People's Congress
and its Standing Committee.
Article 71. The National
People's Congress and its Standing Committee
may, when they deem it necessary, appoint
committees of inquiry into specific questions
and adopt relevant resolutions in the light of
their reports. All organs of state, public
organizations and citizens concerned are obliged
to supply the necessary information to those
committees of inquiry when they conduct
investigations.
Article 72. Deputies to the
National People's Congress and all those on its
Standing Committee have the right, in accordance
with procedures prescribed by law, to submit
bills and proposals
within the scope of the respective functions and
powers of the National People's Congress and its
Standing Committee.
Article 73. Deputies to the
National People's Congress during its sessions,
and all those on its Standing Committee during
its meetings, have the right to address
questions, in
accordance with procedures prescribed by law, to
the State Council or the ministries and
commissions under the State Council, which must
answer the questions in a responsible manner.
Article 74. No deputy to the
National People's Congress may 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 National People's Congress is not
in session, without the consent of its
StandingCommittee.
Article 75. Deputies to the
National People's Congress may not be called to
legal account for their speeches or votes at its
meetings.
Article 76. 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
production and other work and their public
activities, assist in the enforcement of the
Constitution and the law. Deputies to the
National People's Congress should maintain close
contact with the units and people which elected
them, listen to and convey their opinions and
demands and work hard to serve them.
Article 77. Deputies to the
National People's Congress are subject to the
supervision of the units which elected them.
The electoral units have the power, through
procedures prescribed by law, to recall the
deputies whom they elected.
Article 78. The organization
and working procedures of the National People's
Congress and its Standing Committee are
prescribed by law.
SECTION 2. THE PRESIDENT OF
THE PEOPLE'S REPUBLIC OF CHINA
Article 79: The President and
Vice-President of the People's Republic of China
are elected by the National People's Congress.
Citizens of the People's Republic of China who
have the right to vote and to stand for election
and who have reached the age of 45 are eligible
for election as President or Vice-President of
the People's Republic of China. The term of
office of the President and Vice-President of
the People's Republic of China is the same as
that of the National People's Congress, and they
shall serve no more than two consecutive terms.
Article 80. The President of
the People's Republic of China, in pursuance of
decisions of the National People's Congress and
its Standing Committee, promulgates statutes;
appoints and removes the Premier, Vice-Premiers,
State Councillors, Ministers in charge of
Ministries or Commissions, and the Auditor-
General and the Secretary-General of the State
Council; confers state medals and titles of
honour; issues orders of special pardons;
proclaims martial law; proclaims a state of war;
and issues mobilization orders.
Article 81. The President of
the People's Republic of China receives foreign
diplomatic representatives on behalf of the
People's Republic of China
and, in pursuance of decisions of the Standing
Committee of the National People's Congress,
appoints and recalls plenipotentiary
representatives abroad, and ratifies and
abrogates treaties and important agreements
concluded with foreign states.
Article 82. The Vice-President
of the People's Republic of China assists the
President in his work.
The Vice-President of the People's Republic of
China may exercise such parts of the functions
and powers of the President as the President may
entrust to him.
Article 83. The President and
Vice-President of the People's Republic of China
exercise their functions
and powers until the new President and Vice-
President elected by the succeeding National
People's Congress assume office.
Article 84. In case the office
of the President of the People's Republic of
China falls vacant,
the Vice-President succeeds to the office of
President. In case the office of the
Vice-President of the People's Republic of China
falls vacant, the National People's Congress
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
People's Republic of China fall vacant, the
National People's Congress shall elect a new
President and a new Vice-President. Prior to
such election, the Chairman of the Standing
Committee of the National People's Congress
shall temporarily act as the President of the
People's Republic of China.
SECTION 3. THE STATE COUNCIL
Article 85. The State Council,
that is, the Central People's Government of the
People's Republic of China, is the executive
body of the highest organ of state power; it is
the highest organ of state administration.
Article 86. The State Council
is composed of the following:
The Premier; The Vice-Premiers; The State
Councillors; The Ministers in charge of
Ministries; The Ministers in charge of
Commissions; The Auditor- General; and The
Secretary-General. The Premier has overall
responsibility for the State Council. The
Ministers have overall responsibility for the
respective ministries or commissions under their
charge. The organization of the State Council is
prescribed by law.
Article 87. The term of office
of the State Council is the same as that of the
National People's Congress. The Premier,
Vice-Premiers and State Councillors shall serve
no more than two consecutive terms.
Article 88. The Premier
directs the work of the State Council.
The Vice- Premiers and State Councillors assist
the Premier in his work. Executive meetings of
the State Council are composed of the Premier,
the Vice-Premiers, the State Councillors and the
Secretary-General of the State Council. The
Premier convenes and presides over the executive
meetings and plenary meetings of the State
Council.
Article 89. The State Council
exercises the following functions and powers:
(1) To adopt administrative measures,enact
administrative rules and regulations and issue
decisions and orders in accordance with the
Constitution and the statutes; (2) To submit
proposals to the National People's Congress or
its Standing Committee; (3) To lay down the
tasks and responsibilities of the ministries and
commissions of the State Council, to exercise
unified leadership over the work of the
ministries and commissions and to direct all
other administrative work of a national
character that does not fall within the
jurisdiction of the ministries and commissions;
(4) To exercise unified leadership over the work
of local organs of state administration at
different levels throughout the country, and to
lay down the detailed division of functions and
powers between the Central Government and the
organs of state administration of provinces,
autonomous regions and municipalities directly
under the Central Government; (5) To draw up and
implement the plan for national economic and
social development and the state budget; (6) To
direct and administer economic work and urban
and rural development; (7) To direct and
administer the work concerning education,
science, culture, public health, physical
culture and family planning; (8) To direct and
administer the work concerning civil affairs,
public security, judicial administration,
supervision and other related matters; (9) To
conduct foreign affairs and conclude treaties
and agreements with foreign states; (10) To
direct and administer the building of national
defence; (11) To direct and administer affairs
concerning the nationalities and to safeguard
the equal rights of minority nationalities and
the right of autonomy of the national autonomous
areas; (12) To protect the legitimate rights and
interests of Chinese nationals residing abroad
and protect the lawful rights and interests of
returned overseas Chinese and of the family
members of Chinese nationals residing abroad;
(13) To alter or annul inappropriate orders,
directives and regulations issued by the
ministries or commissions; (14) To alter or
annul inappropriate decisions and orders issued
by local organs of state administration at
different levels; (15) To approve the geographic
division of provinces, autonomous regions and
municipalities directly under the Central
Government, and to approve the establishment and
geographic division of autonomous prefectures,
counties, autonomous counties and cities; (16)
To decide on the enforcement of martial law in
parts of provinces, autonomous regions and
municipalities directly under the Central
Government; (17) To examine and decide on the
size of administrative organs and, in accordance
with the law, to appoint, remove and train
administrative officers, appraise their work and
reward or punish them; and (18) To exercise such
other functions and powers as the National
People's Congress or its Standing Committee may
assign it.
Article 90. The ministers in
charge of ministries or commissions of the State
Council are responsible for the work of their
respective departments
and convene and preside over their ministerial
meetings or commission meetings that discuss and
decide on major issues in the work of their
respective departments. The ministries and
commissions issue orders, directives and
regulations within the jurisdiction of their
respective departments and in accordance with
the statutes and the administrative rules and
regulations, decisions and orders issued by the
State Council.
Article 91. The State Council
establishes an auditing body to supervise
through auditing the revenue and expenditure of
all departments under the State Council and of
the local governments at different levels,
and those of the state financial and monetary
organizations and of enterprises and
undertakings. Under the direction of the Premier
of the State Council,the auditing body
independently exercises its power to supervise
through auditing in accordance with the law,
subject to no interference by any other
administrative organ or any public organization
or individual.
Article 92. The State Council
is responsible, and
reports on its work, to the National People's
Congress or, when the National People's Congress
is not in session, to its Standing Committee.
SECTION 4. THE CENTRAL
MILITARY COMMISSION
Article 93. The Central
Military Commission of the People's Republic of
China directs the armed forces of the country.
The Central Military Commission is composed of
the following: The Chairman; The Vice-Chairmen;
and Members. The Chairman of the Central
Military Commission has overall responsibility
for the commission. The term of office of the
Central Military Commission is the same as that
of the National People's Congress.
Article 94. The Chairman of
the Central Military Commission is responsible
to the National People's Congress and its
Standing Committee.
SECTION 5. THE LOCAL PEOPLE'S
CONGRESS AND THE LOCAL PEOPLE'S GOVERNMENTS AT
DIFFERENT LEVELS
Article 95. People's
congresses and people's governments are
established in provinces, municipalities
directly under the Central Government,
counties, cities, municipal districts,
townships, nationality townships and towns. The
organization of local people's congresses and
local people's governments at different levels
is prescribed by law. Organs of self-government
are established in autonomous regions,
autonomous prefectures and autonomous counties.
The organization and working procedures of
organs of self-government are prescribed by law
in accordance with the basic principles laid
down in Sections V and VI of Chapter Three of
the Constitution.
Article 96. Local people's
congresses at different levels are local organs
of state power. Local
people's congresses at and above the county
level establish standing committees.
Article 97.
Deputies to the people's congresses of
provinces, municipalities directly under the
Central Government, and cities divided into
districts are elected by the people's congresses
at the next lower level; deputies to the
people'scongresses of counties, cities not
divided into districts, municipal districts,
townships, nationality townships and towns are
elected directly by their constituencies. The
number of deputies to local people's congresses
at different levels and the manner of their
election are prescribed by law.
Article 98. The term of office
of the people's congresses of provinces,
municipalities directly under the Central
Government and cities divided into districts is
five years. The term
of office of the people's congresses of
counties, cities not divided into districts,
municipal districts, townships, nationality
townships and towns is three years.
Article 99. Local people's
congresses at different levels ensure the
observance and implementation of the
Constitution, the
statutes and the administrative rules and
regulations in their respective administrative
areas. Within the limits of their authority as
prescribed by law, they adopt and issue
resolutions and examine and decide on plans for
local economic and cultural development and for
development of public services. Local people's
congresses at and above the county level examine
and approve the plans for economic and social
development and the budgets of their respective
administrative areas, and examine and approve
reports on their implementation. They have the
power to alter or annul inappropriate decisions
of their own standing committees. The people's
congresses of nationality townships may, within
the limits of their authority as prescribed by
law, take specific measures suited to the
peculiarities of the nationalities concerned.
Article 100.
The people's congresses of provinces and
municipalities directly under the Central
Government, and their standing committees,
may adopt local regulations, which must not
contravene the Constitution, the statutes and
the administrative rules and regulations, and
they shall report such local regulations to the
Standing Committee of the National People's
Congress for the record.
Article 101.
At their respective levels, local people's
congresses elect, and have the power to recall,
governors and deputy governors, or mayors and
deputy mayors, or heads and deputy heads of
counties, districts, townships and towns.
Local people's congresses at and above the
county level elect, and have the power to
recall, presidents of people's courts and chief
procurators of people's procuratorates at the
corresponding level. The election or recall of
chief procurators of people's procuratorates
shall be reported to the chief procurators of
the people's procuratorates at the next higher
level for submission to the standing committees
of the people's congresses at the corresponding
level for approval.
Article 102.
Deputies to the people's congresses of
provinces, municipalities, directly under the
Central Government and cities divided into
districts are subject to supervision by the
units which elected them; deputies to the
people's congresses of counties, cities not
divided into districts, municipal districts,
townships, nationality townships and towns are
subject to supervision by their constituencies.
The electoral units and constituencies which
elect deputies to local people's congresses at
different levels have the power, according to
procedures prescribed by law, to recall deputies
whom they elected.
Article 103. The standing
committee of a local people's congress at and
above the county level is composed of a
chairman, vice-chairmen and members,
and is responsible, and reports on its work, to
the people's congress at the corresponding
level. The local people's congress at and above
the county level elects, and has the power to
recall, anyone on the standing committee of the
people's congress at the corresponding level. No
one on the standing committee of a local
people's congress at and above the county level
shall hold any post in state administrative,
judicial and procuratorial organs.
Article 104.
The standing committee of a local people's
congress at and above the county level discusses
and decides on major issues in all fields of
work in its administrative area; supervises the
work of the people's government, people's
court and people's procuratorate at the
corresponding level; annuls inappropriate
decisions and orders of the people's government
at the corresponding level; annuls inappropriate
resolutions of the people's congress at the next
lower level; decides on the appointment and
removal of functionaries of state organs within
its jurisdiction as prescribed by law; and, when
the people's congress at the corresponding level
is not in session, recalls individual deputies
to the people's congress at the next higher
level and elects individual deputies to fill
vacancies in that people's congress.
Article 105. Local people's
governments at different levels are the
executive bodies of local organs
of state power as well as the local organs of
state administration at the corresponding level.
Local people's governments at different levels
practise the system of overall responsibility by
governors, mayors, county heads, district heads,
township heads and town heads.
Article 106.
The term of office of local people's governments
at different levels is the same as that of the
people's congresses at the corresponding level.
Article 107.
Local people's governments at and above the
county level, within the limits of their
authority as prescribed by law, conduct the
administrative work concerning the economy,
education, science, culture, public health,
physical culture, urban and rural development,
finance, civil affairs, public security,
nationalities affairs, judicial administration,
supervision and family planning in their
respective administrative areas; issue
decisions and orders; appoint, remove and train
administrative functionaries, appraise their
work and reward or punish them. People's
governments of townships, nationality townships
and towns carry out the resolutions of the
people's congress at the corresponding level as
well as the decisions and orders of the state
administrative organs at the next higher level
and conduct administrative work in their
respective administrative areas. People's
governments of provinces and municipalities
directly under the Central Government decide on
the establishment and geographic division of
townships, nationality townships and towns.
Article 108. Local people's
governments at and above the county level
direct the work of their subordinate departments
and of people's governments at lower levels, and
have the power to alter or annul inappropriate
decisions of their subordinate departments and
people's governments at lower levels.
Article 109. Auditing bodies
are established by local people's governments
at and above the county level. Local auditing
bodies at different levels independently
exercise their power to supervise through
auditing in accordance with the law and are
responsible to the people's government at the
corresponding level and to the auditing body at
the next higher level.
Article 110. Local people's
governments at different levels are responsible,
and report on their work, to people's congresses
at the corresponding level.
Local people's governments at and above the
county level are responsible, and report on
their work, to the standing committee of the
people's congress at the corresponding level
when the congress is not in session. Local
people's governments at different levels are
responsible, and report on their work, to the
state administrative organs at the next higher
level. Local people's governments at different
levels throughout the country are state
administrative organs under the unified
leadership of the State Council and are
subordinate to it.
Article 111. The residents'
committees and villagers' committees established
among urban and rural residents on the basis of
their place of residence
are mass organizations of self-management at the
grass-roots level. The chairman, vice-chairmen
and members of each residents' or villagers'
committee are elected by the residents. The
relationship between the residents' and
villagers' committees and the grass-roots organs
of state power is prescribed by law. The
residents' and villagers' committees establish
committees for people's mediation, public
security, public health and other matters in
order to manage public affairs and social
services in their areas, mediate civil disputes,
help maintain public order and convey residents'
opinions and demands and make suggestions to the
people's government.
SECTION 6. THE ORGANS OF
SELF-GOVERNMENT OF NATIONAL AUTONOMOUS AREAS
Article 112. The organs of
self-government of national autonomous areas
are the people's congresses and people's
governments of autonomous regions, autonomous
prefectures and autonomous counties.
Article 113. In the people's
congress of an autonomous region,
prefecture or county, in addition to the
deputies of the nationality or nationalities
exercising regional autonomy in the
administrative area, the other nationalities
inhabiting the area are also entitled to
appropriate representation. The chairmanship and
vice- chairmenships of the standing committee of
the people's congress of an autonomous region,
prefecture or county shall include a citizen or
citizens of the nationality or nationalities
exercising regional autonomy in the area
concerned.
Article 114. The
administrative head of an autonomous region,
prefecture or county shall be a citizen of the
nationality, or of one
of the nationalities, exercising regional
autonomy in the area concerned.
Article 115. The organs of
self-government of autonomous regions,
prefectures and counties exercise the functions
and powers of local organs of state as specified
in Section V of Chapter Three of the
Constitution. At the
same time, they exercise the right of autonomy
within the limits of their authority as
prescribed by the Constitution, the law of
regional national autonomy and other laws, and
implement the laws and policies of the state in
the light of the existing local situation.
Article 116.
People's congresses of national autonomous
areas have the power to enact autonomy
regulations and specific regulations in the
light of the political, economic and cultural
characteristics of the nationality or
nationalities in the areas concerned. The
autonomy regulations and specific regulations of
autonomous regions shall be submitted to the
Standing Committee of the National People's
Congress for approval before they go into
effect. Those of autonomous prefectures and
counties shall be submitted to the standing
committees of the people's congresses of
provinces or autonomous regions for approval
before they go into effect, and they shall be
reported to the Standing Committee of the
National People's Congress for the record.
Article 117. The organs of
self-government of the
national autonomous areas have the power of
autonomy in administering the finances of their
areas. All revenues accruing to the national
autonomous areas under the financial system of
the state shall be managed and used
independently by the organs of self- government
of those areas.
Article 118. The organs of
self-government of the national autonomous areas
independently arrange for and administer local
economic development under the guidance of state
plans. In developing
natural resources and building enterprises in
the national autonomous areas, the state shall
give due consideration to the interests of those
areas.
Article 119. The organs of
self-government of the national autonomous areas
independently administer educational,
scientific, cultural, public health and physical
culture affairs in their respective areas,
sort out and protect the cultural legacy of the
nationalities and work for the development and
prosperity of their cultures.
Article 120. The organs of
self-government of the national autonomous areas
may, in accordance with the military system of
the state and concrete local needs and with the
approval of the State Council, organize local
public security forces for the maintenance of
public order.
Article 121. In performing
their functions, the organs of self-government
of the national autonomous areas, in accordance
with the autonomy regulations of the respective
areas, employ the
spoken and written language or languages in
common use in the locality.
Article 122. The state gives
financial, material and technical assistance to
the minority nationalities to accelerate their
economic and cultural development.
The state helps the national autonomous areas
train large numbers of cadres at different
levels and specialized personnel and skilled
workers of different professions and trades from
among the nationality or nationalities in those
areas.
SECTION 7. THE PEOPLE'S COURT
AND THE PEOPLE'S PROCURATORATES
Article 123. The people's
courts in the People's
Republic of China are the judicial organs of the
state.
Article 124. The People's
Republic of China establishes the Supreme
People's Court and the
local people's courts at different levels,
military courts and other special people's
courts. The term of office of the President of
the Supreme People's Court is the same as that
of the National People's Congress; he shall
serve no more than two consecutive terms. The
organization of people's courts is prescribed by
law.
Article 125. All cases handled
by the people's courts, except for those
involving special circumstances as specified by
law, shall be heard in public.
The accused has the right of defence.
Article 126. The people's
courts shall, in
accordance with the law, exercise judicial power
independently and are not subject to
interference by administrative organs, public
organizations or individuals.
Article 127.
The Supreme People's Court is the highest
judicial organ. The Supreme People's Court
supervises the administration of justice by the
local people's courts at different levels and by
the special people's courts; people's courts at
higher levels supervise the administration of
justice by those at lower levels.
Article 128. The Supreme
People's Court is responsible to the National
People's Congress and its Standing Committee.
Local people's courts at different levels are
responsible to the organs of state power which
created them.
Article 129. The people's
procuratorates of the People's Republic of China
are state organs for legal supervision.
Article 130. The People's
Republic of China establishes the Supreme
People's Procuratorate
and the local people's procuratorates at
different levels, military procuratorates and
other special people's procuratorates. The term
of office of the Procurator-General of the
Supreme People's Procuratorate is the same as
that of the National People's Congress; he shall
serve no more than two consecutive terms. The
organization of people's procuratorates is
prescribed by law.
Article 131. People's
procuratorates shall, in accordance with the
law, exercise procuratorial power independently
and are not subject to interference by
administrative organs, public organizations or
individuals.
Article 132. The Supreme
People's Procuratorate is the highest
procuratorial organ.
The Supreme People's Procuratorate directs the
work of the local people's procuratorates at
different levels and of the special people's
procuratorates; people's procuratorates at
higher levels direct the work of those at lower
levels.
Article 133.
The Supreme People's Procuratorate is
responsible to the National People's Congress
and its Standing Committee. Local people's
procuratorates at different levels are
responsible to the organs of state power at the
corresponding levels which created them and to
the people's procuratorates at the higher level.
Article 134. Citizens of all nationalities have
the right to use the spoken and written
languages of their own nationalities in court
proceedings. The people's courts and people's
procuratorates should provide translation for
any party to the court proceedings who is not
familiar with the spoken or written languages in
common use in the locality. In an area where
people of a minority nationality live in a
compact community or where a number of
nationalities live together, hearings should be
conducted in the language or languages in common
use in the locality; indictments, judgments,
notices and other documents should be written,
according to actual needs, in the language or
languages in common use in the locality.
Article 135. The people's
courts, people's procuratorates and public
security organs shall,
in handling criminal cases, divide their
functions, each taking responsibility for its
own work, and they shall co- ordinate their
efforts and check each other to ensure correct
and effective enforcement of law.
CHAPTER IV. THE
NATIONAL FLAG, THE NATIONAL EMBLEM AND THE
CAPITAL
Article 136.
The national flag of the People's Republic of
China is a red flag with five stars.
Article 137.
The national emblem of the People's Republic of
China is Tian'anmen in the centre illuminated by
five stars and encircled by ears of grain and a
cogwheel.
Article 138.
The capital of the People's Republic of China is
Beijing.
AMENDENTS
TO THE CONSTITUTION
AMENDMENT ONE
(Approved on April 12, 1988, by the 7th NPC
at its 1st Session)
1. Article 11 of the
Constitution shall include a new paragraph which
reads: "The State permits the private
sector of the economy to exist and develop
within the limits prescribed by law. The private
sector of the economy is a complement to the
socialist public economy. The State protects the
lawful rights and interests of the private
sector of the economy, and exercises guidance,
supervision and control over the private sector
of the economy."
2. The fourth paragraph of
Article 10 of the Constitution, which provides
that "no organization or individual may
appropriate, buy, sell or lease land or
otherwise engage in the transfer of land by
unlawful means," shall be amended as:
"no organization or individual may
appropriate, buy, sell or otherwise engage in
the transfer of land by unlawful means. The
right to the use of land may be transferred
according to law."
AMENDMENT TWO
(Approved on March 29, 1993, by the 8th NPC
at its 1st Session)
3. The last two sentences of
the seventh paragraph of the Preamble which
reads "The basic task of the nation in the
years to come is to concentrate its effort on
socialist modernization. Under the leadership of
the Communist Party of China and the guidance of
Marxism-Leninism and Mao Zedong Thought, the
Chinese people of all nationalities will
continue to adhere to the people's democratic
dictatorship and follow the socialist road,
steadily improve socialist institutions, develop
socialist democracy, improve the socialist legal
system and work hard and self-reliantly to
modernize industry, agriculture, national
defense and science and technology step by step
to turn China into a socialist country with a
high level of culture and democracy," shall
be amended as: "China is at the primary
stage of socialism. The basic task of the nation
is, according to the theory of building
socialism with Chinese characteristics, to
concentrate its effort on socialist
modernization. Under the leadership of the
Communist Party of China and the guidance of
Marxism-Leninism and Mao Zedong Thought, the
Chinese people of all nationalities will
continue to adhere to the people's democratic
dictatorship and follow the socialist road,
persevere in reform and opening to the outside,
steadily improve socialist institutions, develop
socialist democracy, improve the socialist legal
system and work hard and self-reliantly to
modernize industry, agriculture, national
defense and science and technology step by step
to turn China into a socialist country with
prosperity and power, democracy and
culture."
4. At the end of the tenth
paragraph of the Preamble, add "The system
of multi-party cooperation and political
consultation led by the Communist Party of China
will exist and develop in China for a long time
to come."
5. article 7 which reads
"The State economy is the sector of
socialist economy under ownership by the whole
people; it is the leading force in the national
economy. The State ensures the consolidation and
growth of the State economy," shall be
changed to: "The State-owned economy, that
is, the socialist economy under ownership by the
whole people, is the leading force in the
national economy. The State ensures the
consolidation and growth of the State-owned
economy."
6. The first item of Article 8
which reads "Rural people's communes,
agricultural producers' cooperatives, and other
forms of cooperative economy such as producers',
supply and marketing, credit and consumers'
cooperatives, belong to the sector of socialist
economy under collective ownership by the
working people. Working people who are members
of rural economic collectives have the right,
within the limits prescribed by law, to farm
plots of cropland and hilly land allotted for
private use, engage in household sideline
production and raise privately-owned
livestock," shall be amended as:
"Rural household-based contract
responsibility system with remuneration linked
to output, and other forms of cooperative
economy such as producers', supply and
marketing, credit and consumers' cooperatives,
belong to the sector of socialist economy under
collective ownership by the working people.
Working people who are members of rural economic
collectives have the right, within the limits
prescribed by law, to farm plots of cropland and
hilly land allotted for private use, engage in
household sideline production and raise
privately-owned livestock."
7. Article 15 which reads
"The State practices economic planning on
the basis of socialist public ownership. It
ensures the proportionate and coordinated growth
of the national economy through overall
balancing by economic planning and the
supplementary role of regulation by the market.
Disturbance of the orderly
functioning of the social economy or disruption
of the State economic plan by any organization
or individual is prohibited," shall be
changed to: "The state has put into
practice a socialist market economy. The State
strengthens formulating economic laws, improves
macro adjustment and control and forbids
according to law any units or individuals from
interfering with the social economic
order."
8. Article 16 which reads
"State enterprises have decision-making
power in operation and management within the
limits prescribed by law, on condition that they
submit to unified leadership by the State and
fulfil and their obligations under the State
plan.
State enterprises practice
democratic management through congresses of
workers and staff and in other ways in
accordance with the law," shall be revised
as: "Stated-owned enterprises have
decision-making power in operation and
management within the limits prescribed by law.
State-owned enterprises practice democratic
management through congresses of workers and
staff and in other ways in accordance with the
law."
9. Article 17 which reads
"Collective economic organizations have
decision-making power in conducting independent
economic activities, on condition that they
accept the guidance of the State plan and abide
by the relevant laws.
Collective economic
organizations practice democratic management in
accordance with the law, with the entire body of
their workers electing or removing their
managerial personnel and deciding on major
issues concerning operation and
management", shall be amended as:
"Collective economic organizations have
decision-making power in conducting independent
economic activities, on condition that they
abide by the relevant laws. Collective economic
organizations practice democratic management,
elect or remove their managerial personnel and
decide on major issue concerning operation and
management according to law."
10. The their item of Article
42 which reads "Work is the glorious duty
of every able-bodied citizen. All working people
in State enterprises and in urban and rural
economic collectives should perform their tasks
with an attitude consonant with their status as
masters of the country. The State promotes
socialist labor emulation, and commends and
rewards model and advanced workers. The state
encourages citizens to take part in voluntary
labor," shall be amended as: "Work is
the glorious duty of every able-bodied citizen.
All working people in State-owned enterprises
and in urban and rural economic collectives
should perform their tasks with an attitude
consonant with their status as masters of the
country. The State promotes socialist labor
emulation, and commends and rewards model and
advanced workers. The State encourages citizens
to take part in voluntary labor."
11. Article 98 which reads
"The term of office of the people's
congresses of provinces, municipalities directly
under the Central Government and cities divided
into districts is five years. The term of office
of the people's congresses of countries, cities
not divided into districts, municipal districts,
townships, nationality townships and towns is
three years," shall be revised as:
"The term of office of the people's
congresses of provinces, municipalities directly
under the Central Government, counties, cities
and municipal districts is five years. The term
of office of the people's congresses of
townships, nationality townships and towns is
three years."
AMENDMENT THREE
(Approved on March 15, 1999, by the 9th NPC
at its 2nd Session)
The original text of paragraph
seven in the Preamble of the Constitution is:
"Both the victory of China's new-democratic
revolution and the successes of its socialist
cause have been achieved by the Chinese people
of all nationalities under the leadership of the
Communist Party of China and the guidance of
Marxism-Leninism and Mao Zedong Thought, and by
upholding truth, correcting errors and
overcoming numerous difficulties and hardships.
China is currently in the primary stage of
socialism. The basic task of the nation is to
concentrate its effort on socialist
modernization in accordance with the theory of
building socialism with Chinese characteristics.
Under the leadership of the Communist Party of
China and the guidance of Marxism-Leninism and
Mao Zedong Thought, the Chinese people of all
nationalities will continue to adhere to the
people's democratic dictatorship, follow the
socialist road, persist in reform and
opening-up, steadily improve socialist
institutions, develop socialist democracy,
improve the socialist legal system and work hard
and self-reliantly to modernize industry,
agriculture, national defense and science and
technology step by step to turn China into a
powerful and prosperous socialist country with a
high level of culture and democracy."
It is revised into: "Both
the victory of China's new-democratic revolution
and the successes of its socialist cause have
been achieved by the Chinese people of all
nationalities under the leadership of the
Communist Party of China and the guidance of
Marxism-Leninism and Mao Zedong Thought, and by
upholding truth, correcting errors and
overcoming numerous difficulties and hardships.
China will stay in the primary stage of
socialism for a long period of time. The basic
task of the nation is to concentrate its efforts
on socialist modernization by following the road
of building socialism with Chinese
characteristics. Under the leadership of the
Communist Party of China and the guidance of
Marxism-Leninism, Mao Zedong Thought and Deng
Xiaoping Theory, the Chinese people of all
nationalities will continue to adhere to the
people's democratic dictatorship, follow the
socialist road, persist in reform and
opening-up, steadily improve socialist
institutions, develop a socialist market
economy, advance socialist democracy, improve
the socialist legal system and work hard and
self-reliantly to modernize industry,
agriculture, national defense and science and
technology step by step to turn China into a
powerful and prosperous socialist country with a
high level of culture and democracy."
One section is added to
Article Five of the Constitution as the first
section: "The People's Republic of China
practices ruling the country in accordance with
the law and building a socialist country of
law."
The original text of Article
Six of the Constitution is: "The basis of
the socialist economic system of the People's
Republic of China is socialist public ownership
of the means of production, namely, ownership by
the whole people and collective ownership by the
working people." "The system of
socialist public ownership supersedes the system
of exploitation of man by man; it applies the
principle of 'from each according to his
ability, to each according to his work'."
It is revised into:"The
basis of the socialist economic system of the
People's Republic of China is socialist public
ownership of the means of production, namely,
ownership by the whole people and collective
ownership by the working people. The system of
socialist public ownership supersedes the system
of exploitation of man by man; it applies the
principle of 'from each according to his
ability, to each according to his work'."
"During the primary stage of socialism, the
State adheres to the basic economic system with
the public ownership remaining dominant and
diverse sectors of the economy developing side
by side, and to the distribution system with the
distribution according to work remaining
dominant and the coexistence of a variety of
modes of distribution."
The original text of the first
section in Article Eight of the Constitution
is:"The rural household-based
output-related contracted responsibility system
and other forms of the cooperative economy such
as producers', supply and marketing, credit and
consumers' cooperatives belong to the sector of
the socialist economy under collective ownership
by the working people. Working people who are
members of rural economic collectives have the
right, within the limits prescribed by law, to
farm plots of cropland and hilly land allotted
for private use, engage in household sideline
production and raise privately owned
livestock."
It is revised into:"Rural
collective economic organizations practice the
double-tier management system that combines
unified and separate operations on the basis of
the household-based output-related contracted
responsibility system. Various forms of the
cooperative economy in rural areas such as
producers', supply and marketing, credit and
consumers' cooperatives belong to the sector of
the socialist economy under collective ownership
by the working people.
Working people who are members
of rural economic collectives have the right,
within the limits prescribed by law, to farm
plots of cropland and hilly land allotted for
private use, engage in household sideline
production and raise privately owned
livestock."
The original text of Article
11 of the Constitution is: "The individual
economy of urban and rural working people,
operating within the limits prescribed by law,
is a complement to the socialist public economy.
The State protects the lawful rights and
interests of the individual economy."
"The State guides, helps and supervises the
individual economy by exercising administrative
control." "The State permits the
private economy to exist and develop within the
limits prescribed by law. The private economy is
a complement to the socialist public economy.
The State protects the lawful rights and
interests of the private economy, and guides,
supervises and administers the private
economy."
It is revised into:
"Individual, private and other non-public
economies that exist within the limits
prescribed by law are major components of the
socialist market economy." "The State
protects the lawful rights and interests of
individual and private economies, and guides,
supervises and administers individual and
private economies."
The original text of Article
28 of the Constitution is: "The State
maintains public order and suppresses
treasonable and other counter-revolutionary
activities; it penalizes actions that endanger
public security and disrupt the socialist
economy and other criminal activities, and
punishes and reforms criminals."
It is revised into: "The
State maintains public order and suppresses
treasonable and other criminal activities that
endanger State security; it penalizes actions
that endanger public security and disrupt the
socialist economy and other criminal activities,
and punishes and reforms criminals.
AMENDMENT
FOURTH
(Approved on March 14, 2004, by the 10th NPC
at its 2nd Session)
1 "... along the road of
building socialism with Chinese
characteristics..." and "...under the
guidance of Marxism-Leninism, Mao Zedong Thought
and Deng Xiaoping Theory..."
Revised to: "... along
the road of Chinese-style socialism..." and
"...under the guidance of Marxism-Leninism,
Mao Zedong Thought, Deng Xiaoping Theory and the
important thought of 'Three Represents'..."
2 Seventh paragraph of the
Preamble: After "... to modernize the
industry, agriculture, national defence and
science and technology step by step..."
Is added: "... promote
the co-ordinated development of the material,
political and spiritual civilizations..."
3 The second sentence of the
10th paragraph of the Preamble: "In the
long years of revolution and construction, there
has been formed under the leadership of the
Communist Party of China a broad patriotic
united front that is composed of the democratic
parties and people's organizations and embraces
all socialist working people, all patriots who
support socialism, and all patriots who stand
for the reunification of the motherland. This
united front will continue to be consolidated
and developed."
After "... a broad
patriotic united front that is composed of the
democratic parties and people's organizations
and embraces all socialist working
people..." is added "... all builders
of socialism, ..."
4 Third paragraph of Article
10: "The State may, in the public interest,
requisition land for its use in accordance with
the law."
Revised to: "The State
may, in the public interest and in accordance
with the provisions of law, expropriate or
requisition land for its use and shall make
compensation for the land expropriated or
requisitioned."
5 Second paragraph of Article
11:"The State protects the lawful rights
and interests of the individual and private
sectors of the economy, and exercises guidance,
supervision and control over individual and the
private sectors of the economy."
Revised to: "The State
protects the lawful rights and interests of the
non-public sectors of the economy such as the
individual and private sectors of the economy.
The State encourages, supports and guides the
development of the non-public sectors of the
economy and, in accordance with law, exercises
supervision and control over the non-public
sectors of the economy."
6 Article 13: "The State
protects the right of citizens to own lawfully
earned income, savings, houses and other lawful
property." and "The State protects
according to law the right of citizens to
inherit private property."
Revised to: "Citizens'
lawful private property is inviolable" and
"The State, in accordance with law,
protects the rights of citizens to private
property and to its inheritance" and
"The State may, in the public interest and
in accordance with law, expropriate or
requisition private property for its use and
shall make compensation for the private property
expropriated or requisitioned."
7 Article 14 has a fourth
paragraph added: "The State establishes a
sound social security system compatible with the
level of economic development."
8 Article 33 has a third
paragraph added: "The State respects and
preserves human rights."
9 The first paragraph of
Article 59 is revised to: "The National
People's Congress is composed of deputies
elected from the provinces, autonomous regions
and municipalities directly under the Central
Government and of deputies elected from the
armed forces. All the minority nationalities are
entitled to appropriate representation."
Revised to: "The National
People's Congress is composed of deputies
elected from the provinces, autonomous regions,
municipalities directly under the Central
Government, and the special administrative
regions, and of deputies elected from the armed
forces. All the minority nationalities are
entitled to appropriate representation."
10 On "State of
Emergency"
Subparagraph 20 of Article 67:
"... to decide on the imposition of martial
law throughout the country or in particular
provinces, autonomous regions, or municipalities
directly under the Central Government."
Revised to: "... to
decide on entering the state of emergency
throughout the country or in particular
provinces, autonomous regions, or municipalities
directly under the Central Government."
Article 80: "The
President of the People's Republic of China ...
proclaims martial law, ..."
Revised to: "...
proclaims entering of the state of emergency,
..."
Subparagraph 16 of Article 89:
"... to decide on the imposition of martial
law in parts of provinces, autonomous regions
and municipalities directly under the Central
Government..."
Revised to: "... in
accordance with the provisions of law, to decide
on entering the state of emergency in parts of
provinces, autonomous regions, and
municipalities directly under the Central
Government..."
11 Article 81: "The
President of the People's Republic of China
receives foreign diplomatic representatives on
behalf of the People's Republic of China."
Revised to: "The
President of the People's Republic of China, on
behalf of the People's Republic of China,
engages in activities involving State affairs
and receives foreign diplomatic
representatives."
12 Article 98: "The term
of office of people's congresses of provinces,
municipalities directly under the Central
Government, counties, cities and municipal
districts is five years. The term of office of
the people's congresses of townships,
nationality townships and towns is three
years."
Revised to: "The term of
office of the local people's congresses at
various levels is five years."
13 Provision on the National
Anthem:
Title of Chapter IV: "The
National Flag, the National Emblem and the
Capital"
Revised to: "The National
Flag, the National Anthem, the National Emblem
and the Capital"
Article 136 has a second
paragraph added: "The National Anthem of
the People's Republic of China is the March of
the Volunteers." (Updated on March 22,
2004) |
