CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted on December 4, 1982)
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.
กก
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."
