Constitution
2004-03-08 14:44
(Adopted on December 4, 1982 by the Fifth
National People's
Congress of the People's Republic of China at its Fifth Session)
CONTENTS
Preamble
Chapter One
General Principles
Chapter Two
The Fundamental Rights and Duties of Citizens
Chapter Three
The Structure of the State
Section I. The National People's Congress
Section II. The President of the People's Republic of China
Section Ill. The State Council
Section IV. The Central Military Commission
Section V. The Local People's Congresses and the Local
People's
Governments at Different Levels
Section VI. The Organs of Self-Government of
National Autonomous Areas
Section VII. The People's Courts and the People's Procuratorates
Chapter Four
The National Flag, the National Emblem and the Capital
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 td 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 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 multinational 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 ONE
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 practiced 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 looked into.
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 plots of
cropland
and hilly land allotted for private use, 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,
commercial 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 privately farmed 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
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 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 independent 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 public health 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 centers 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 treasures 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 of the
motherland,
of the people, of labour, of science and of socialism; it educates
the
people in patriotism, collectivism, internationalism and communism
and
in dialectical and historical materialism; it combats capitalist,
feudal and other decadent ideas.
Article 25
The state promotes family planning so that population growth
may
fit the plan for economic and social development.
Article 26
The state protects and improves the living environment and the
ecological environment, and prevents and remedies 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 TWO
THE FUNDAMENTAL RIGHTS AND DUTIES OF CITlZENS
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, any state organ or functionary for
violation of the law or dereliction of duty; but fabrication or
distortion of facts for the purpose of libel or frame-up is
prohibited.
The state organ concerned must deal with complaints, charges or
exposures made by citizens 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
civic 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 for 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-mutes 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 that are 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,
including 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 THREE
THE STRUCTURE OF THE STATE
SECTION I
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
current
National People's Congress and the term of office of the current
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;
(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 nomination by the Chairman, to decide on the choice of all the
others on 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 report 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 excretes.
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 id 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 annul 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 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 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 suggestion 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 fulfilment 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 in the work of the Chairman.
Executive 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 Financial 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 Standing Committee.
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 which elected them and with the people,
listen
to and convey the opinions and demands of the people 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 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 II
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 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 in
the work of the President.
The Vice-President of the People's Republic of China may
exercise
such parts of the functions and powers of the President as may be
deputed by the President.
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 III
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 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 in the work of the Premier.
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;
(5) to draw up and implement the plan for national economic and
social development and the state budget;
(6) to direct and administer economic affairs and urban and
rural
development;
(7) to direct and administer affairs of education, science,
culture, public health, physical culture and family planning;
(8) to direct and administer 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;
(l3) 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 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 IV
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 V
The Local People's Congresses 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
V1
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's congresses 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
the 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
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 the limits of its authority 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 1O8
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 VI
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-chairmanships 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 power 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 by the
organs of self-government of those areas on their own.
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 exploiting 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,
protect and cull through the cultural heritage of the nationalities
and work for the development and flourishing 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 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 VII
The People's Courts 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; the President
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; the Procurator-General shall serve no more than two
consecutive terms,
The organization of the 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, judgements, 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 FOUR
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 center 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.
Amendments 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."
(updated in 1999)
Congress of the People's Republic of China at its Fifth Session)
CONTENTS
Preamble
Chapter One
General Principles
Chapter Two
The Fundamental Rights and Duties of Citizens
Chapter Three
The Structure of the State
Section I. The National People's Congress
Section II. The President of the People's Republic of China
Section Ill. The State Council
Section IV. The Central Military Commission
Section V. The Local People's Congresses and the Local
People's
Governments at Different Levels
Section VI. The Organs of Self-Government of
National Autonomous Areas
Section VII. The People's Courts and the People's Procuratorates
Chapter Four
The National Flag, the National Emblem and the Capital
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 td 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 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 multinational 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 ONE
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 practiced 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 looked into.
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 plots of
cropland
and hilly land allotted for private use, 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,
commercial 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 privately farmed 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
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 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 independent 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 public health 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 centers 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 treasures 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 of the
motherland,
of the people, of labour, of science and of socialism; it educates
the
people in patriotism, collectivism, internationalism and communism
and
in dialectical and historical materialism; it combats capitalist,
feudal and other decadent ideas.
Article 25
The state promotes family planning so that population growth
may
fit the plan for economic and social development.
Article 26
The state protects and improves the living environment and the
ecological environment, and prevents and remedies 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 TWO
THE FUNDAMENTAL RIGHTS AND DUTIES OF CITlZENS
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, any state organ or functionary for
violation of the law or dereliction of duty; but fabrication or
distortion of facts for the purpose of libel or frame-up is
prohibited.
The state organ concerned must deal with complaints, charges or
exposures made by citizens 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
civic 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 for 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-mutes 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 that are 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,
including 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 THREE
THE STRUCTURE OF THE STATE
SECTION I
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
current
National People's Congress and the term of office of the current
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;
(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 nomination by the Chairman, to decide on the choice of all the
others on 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 report 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 excretes.
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 id 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 annul 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 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 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 suggestion 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 fulfilment 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 in the work of the Chairman.
Executive 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 Financial 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 Standing Committee.
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 which elected them and with the people,
listen
to and convey the opinions and demands of the people 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 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 II
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 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 in
the work of the President.
The Vice-President of the People's Republic of China may
exercise
such parts of the functions and powers of the President as may be
deputed by the President.
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 III
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 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 in the work of the Premier.
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;
(5) to draw up and implement the plan for national economic and
social development and the state budget;
(6) to direct and administer economic affairs and urban and
rural
development;
(7) to direct and administer affairs of education, science,
culture, public health, physical culture and family planning;
(8) to direct and administer 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;
(l3) 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 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 IV
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 V
The Local People's Congresses 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
V1
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's congresses 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
the 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
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 the limits of its authority 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 1O8
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 VI
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-chairmanships 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 power 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 by the
organs of self-government of those areas on their own.
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 exploiting 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,
protect and cull through the cultural heritage of the nationalities
and work for the development and flourishing 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 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 VII
The People's Courts 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; the President
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; the Procurator-General shall serve no more than two
consecutive terms,
The organization of the 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, judgements, 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 FOUR
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 center 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.
Amendments 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."
(updated in 1999)