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CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted on December 4, 1982) PREAMBLE
China is one of the countries with the longest histories in the world. The people of all nationalities
in China have jointly created a splendid culture and have a glorious revolutionary tradition. Feudal China was
gradually reduced after 1840 to a semi-colonial and semi-feudal country. The Chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom.
Great and earth-shaking historical changes have taken place in China in the 20th century. The Revolution of
1911, led by Dr Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the
Chinese people had yet to fulfill 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 affected 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 defense. Major successes have been achieved in
economic development. An independent and fairly comprehensive socialist system of industry has in the main
been established. There has been a marked increase in agricultural production. Significant progress has
been made in educational, scientific, cultural and other undertakings, and socialist ideological education has
yielded noteworthy results. The living standards of the people have improved considerably. Both the victory
of China's new-democratic revolution and the successes of its socialist cause have been achieved by the
Chinese people of all nationalities under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors and overcoming
numerous difficulties and hardships. The basic task of the nation in the years to come is to concentrate its effort on socialist modernization
. Under the leadership of the Communist Party of China and the guidance of Marxism- Leninism and Mao 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. The exploiting classes as such have been eliminated in
our country. However, class struggle will continue to exist within certain limits for a long time to come. The
Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to
China's socialist system and try to undermine it. Taiwan is part of the sacred territory of the People's
Republic of China. It is the lofty duty of the entire Chinese people, including our compatriots in Taiwan, to
accomplish the great task of reunifying the motherland. In building socialism it is imperative to rely on the
workers, peasants and intellectuals and unite with all the forces that can be united. In the long years of
revolution and construction, there has been formed under the leadership of the Communist Party of China a
broad patriotic united front that is composed of democratic parties and people's organizations and embraces
all socialist working people, all patriots who support socialism and all patriots who stand for reunification of
the motherland. This united front will continue to be consolidated and developed. The Chinese People's
Political Consultative Conference is a broadly representative organization of the united front, which has
played a significant historical role and will continue to do so in the political and social life of the country, in
promoting friendship with the people of other countries and in the struggle for socialist modernization and for
the reunification and unity of the country. The People's Republic of China is a unitary multi-national state built
up jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have
been established among them and will continue to be strengthened. In the struggle to safeguard the unity of
the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and also necessary
to combat local-national chauvinism. The state does its utmost to promote the common prosperity of all
nationalities in the country. China's achievements in revolution and construction are inseparable from support
by the people of the world. The future of China is closely linked with that of the whole world. China adheres
to an independent foreign policy as well as to the five principles of mutual respect for sovereignty and
territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and
mutual benefit, and peaceful coexistence in developing diplomatic relations and economic and cultural exchanges with other countries; China consistently opposes imperialism, hegemonism and colonialism, works
to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national
economies, and strives to safeguard world peace and promote the cause of human progress. This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines
the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has
supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties
and public organizations and all enterprises and undertakings in the country must take the Constitution as the
basic norm of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation. CHAPTER I. GENERAL PRINCIPLES Article 1. The People's Republic of China is a socialist state under the people's democratic dictatorship
led by the working class and based on the alliance of workers and peasants. The socialist system is the basic
system of the People's Republic of China. Sabotage of the socialist system by any organization or individual is prohibited.Article 2. All power in the People's Republic of China
belongs to the people. The organs through which the people exercise state power are the National People's Congress and the local people's congresses at
different levels. The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law.
Article 3. The state organs of the People's Republic of China apply the principle of democratic centralism. The National People's Congress and the local people's congresses at different levels are
instituted through democratic election. They are responsible to the people and subject to their supervision.
All administrative, judicial and procuratorial organs of the state are created by the people's congresses to
which they are responsible and under whose supervision they operate. The division of functions and powers
between the central and local state organs is guided by the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities. Article 4. All nationalities in the People's Republic of China are equal. The state protects the lawful
rights and interests of the minority nationalities and upholds and develops the relationship of equality, unity
and mutual assistance among all of China's nationalities. Discrimination against and oppression of any
nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession
are prohibited. The state helps the areas inhabited by minority nationalities speed up their economic and
cultural development in accordance with the peculiarities and needs of the different minority nationalities.
Regional autonomy is 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 investigated. No organization or individual may enjoy the privilege of being above the Constitution and the law. Article 6. The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production
, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of
exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work.
Article 7. The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of
the state economy. Article 8. Rural people's communes, agricultural producers' co-operatives, and other forms of co- operative economy
such as producers' supply and marketing, credit and consumer's co-operatives, belong to the sector of socialist economy under collective ownership by the working people. Working people
who are members of rural economic collectives have the right, within the limits prescribed by law, to farm
private plots of cropland and hilly land, engage in household sideline production and raise privately owned
livestock. The various forms of co-operative economy in the cities and towns, such as those in the handicraft,
industrial, building, transport, 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
private plots of cropland and hilly land are also owned by collectives. The state may in the public interest
take over land for its use in accordance with the law. No organization or individual may appropriate, buy, sell
or lease land, or unlawfully transfer land in other ways. All organizations and individuals who use land must make rational use of the land.
Article 11. The individual economy of urban and rural working people, operated within the limits prescribed by law, is a complement to the socialist public economy. The state protects the lawful
rights and interests of the individual economy. The state guides, helps and supervises the individual economy by exercising administrative control.
Article 12. Socialist public property is sacred and inviolable. The state protects socialist public property. Appropriation or damage of state or collective property by any organization or individual by
whatever means is prohibited. Article 13. The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property
. The state protects by law the right of citizens to inherit private property. Article 14. The state continuously raises labour productivity, improves economic results and
develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of
economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving organization of work. The state practices 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 practices 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 fulfill all
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.
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 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.
Article 18. The People's Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic
co-operation with Chinese enterprises and other economic organizations in accordance with the law of the
People's Republic of China. All foreign enterprises and other foreign economic organizations in China, as well
as joint ventures with Chinese and foreign investment located in China, shall abide by the law of the People's
Republic of China. Their lawful rights and interests are protected by the law of the People's Republic of China.
Article 19. The state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation. The state runs schools of various types, makes
primary education compulsory and universal, develops secondary, vocational and higher education and
promotes pre-school education. The state develops educational facilities of various types in order to wipe out
illiteracy and provide political, cultural, scientific, technical and professional education for workers, peasants,
state functionaries and other working people. It encourages people to become educated through self- study.
The state encourages the collective economic organizations, state enterprises and undertakings and other
social forces to set up educational institutions of various types in accordance with the law. The state promotes the nationwide use of Putonghua (common speech based on Beijing pronunciation).
Article 20. The state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well
as technological discoveries and inventions. Article 21. The state develops medical and health services, promotes modern medicine and
traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities
by the rural economic collectives, state enterprises and undertakings and neighbourhood organizations, and
promotes sanitation activities of a mass character, all to protect the people's health. The state develops physical culture and promotes mass sports activities to build up the people's physique.
Article 22. The state promotes the development of literature and art, the press, broadcasting and
television undertakings, publishing and distribution services, libraries, museums, cultural centres and other
cultural undertakings that serve the people and socialism, and sponsors mass cultural activities. The state
protects places of scenic and historical interest, valuable cultural monuments and relics and other important items of China's historical and cultural heritage.
Article 23. The state trains specialized personnel in all fields who serve socialism, increases the
number of intellectuals and creates conditions to give full scope to their role in socialist modernization. Article 24. The state strengthens the building of socialist spiritual civilization
through spreading education in high ideals and morality, general education and education in discipline and the legal system, and
through promoting the formulation and observance of rules of conduct and common pledges by different sections of the people in urban and rural areas. The state advocates the civic virtues of love for the
motherland, for the people, for labour, for science and for socialism; it educates the people in patriotism,
collectivism, internationalism and communism and in dialectical and historical materialism; it combats the decadent ideas of capitalism and feudalism and other decadent ideas.
Article 25. The state promotes family planning so that population growth may fit the plans for economic and social development.
Article 26. The state protects and improves the living environment and the ecological environment, and prevents and controls pollution and other public hazards. The state organizes and encourages
afforestation and the protection of forests. Article 27. All state organs carry out the principle of simple and efficient administration, the
system of responsibility for work and the system of training functionaries and appraising their work in order
constantly to improve quality of work and efficiency and combat bureaucratism. All state organs and
functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and work hard to serve them.
Article 28. The state maintains public order and suppresses treasonable and other counter- revolutionary activities; it penalizes actions that endanger public security and disrupt the socialist
economy and other criminal activities, and punishes and reforms criminals. Article 29. The armed forces of the People's Republic of China belong to the people. Their tasks
are to strengthen national defense, 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 defense capability.
Article 30. The administrative division of the People's Republic of China is as follows: (1) The country is divided into provinces, autonomous regions and municipalities directly under the Central
Government; (2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities; (3) Counties and autonomous counties are divided into townships,
nationality townships and towns. Municipalities directly under the Central Government and other large cities
are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities. All autonomous regions, autonomous prefectures and autonomous counties are national
autonomous areas. Article 31. The state may establish special administrative regions when necessary. The systems
to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions.
Article 32. The People's Republic of China protects the lawful rights and interests of foreigners within Chinese territory, and while on Chinese territory foreigners must abide by the law of the People's
Republic of China. The People's Republic of China may grant asylum to foreigners who request it for political reasons. CHAPTER II. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Article 33. All persons holding the nationality of the People's Republic of China are citizens of the
People's Republic of China. All citizens of the People's Republic of China are equal before the law. Every
citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.
Article 34. All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family
background, religious belief, education, property status, or length of residence, except persons deprived of political rights according to law.
Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief. No state
organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion;
nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state
protects normal religious activities. No one may make use of religion to engage in activities that disrupt public
order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.
Article 37. The freedom of person of citizens of the People's Republic of China is inviolable. No
citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of
a people's court, and a public security organ must make arrests. 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. Law protects the freedom and privacy of correspondence of citizens of the People's Republic of China
. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into
criminal offences, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
Article 41. Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state
organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any
state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is
prohibited. In case of complaints, charges or exposures made by citizens, the state organ concerned must
deal with them in a responsible manner after ascertaining the facts. No one may suppress such complaints,
charges and exposures, or retaliate against the citizens making them. Citizens who have suffered losses
through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law.
Article 42. Citizens of the People's Republic of China have the right as well as the duty to work.
Using various channels, the state creates conditions for employment, strengthens labour protection, improves
working conditions and, on the basis of expanded production, increases remuneration for work and social
benefits. Work is the glorious duty of every able-bodied citizen. All working people in state enterprises and in
urban and rural economic collectives should perform their tasks with an attitude consonant with their status
as masters of the country. The state promotes socialist labour emulation, and commends and rewards model
and advanced workers. The state encourages citizens to take part in voluntary labour. The state provides necessary vocational training to citizens before they are employed.
Article 43. Working people in the People's Republic of China have the right to rest. The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations
for workers and staff. Article 44. The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for functionaries of organs of state
. The livelihood of retired personnel is ensured by the state and society. Article 45. Citizens of the People's Republic of China have the right to material assistance from
the state and society when they are old, ill or disabled. The state develops the social insurance,
social relief and medical and health services that are required to enable citizens to enjoy this right. The state
and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families
of martyrs and give preferential treatment to the families of military personnel. The state and society help
make arrangements for the work, livelihood and education of the blind, deaf-mute and other handicapped citizens.
Article 46. Citizens of the People's Republic of China have the duty as well as the right to receive education. The state promotes the all-round moral, intellectual and physical development of
children and young people. Article 47. Citizens of the People's Republic of China have the freedom to engage in scientific
research, literary and artistic creation and other cultural pursuits. The state encourages and assists creative
endeavours conducive to the interests of the people made by citizens engaged in education, science, technology, literature, art and other cultural work.
Article 48. Women in the People's Republic of China enjoy equal rights with men in all spheres of
life, political, economic, cultural and social, and family life. The state protects the rights and interests of
women, applies the principle of equal pay for equal work for men and women alike and trains and selects cadres from among women.
Article 49. Marriage, the family, and mother and child are protected by the state. Both husband and wife have the duty to practice family planning. Parents have the duty to rear and educate their minor
children, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.
Article 50. The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad
and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.
Article 51. The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the
lawful freedoms and rights of other citizens. Article 52. It is the duty of citizens of the People's Republic of China to safeguard the unity of the country
and the unity of all its nationalities. Article 53. Citizens of the People's Republic of China must abide by the constitution and the law,
keep state secrets, protect public property and observe labour discipline and public order and respect social ethics.
Article 54. It is the duty of citizens of the People's Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour
and interests of the motherland. Article 55. It is the sacred obligation of every citizen of the People's Republic of China to defend the motherland and resist aggression
. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law.
Article 56. It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law. CHAPTER III. THE STRUCTURE OF THE STATE SECTION 1. THE NATIONAL PEOPLE'S CONGRESS
Article 57. The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's Congress . Article 58. The National People's Congress and its Standing Committee exercise the legislative power of the state.
Article 59. The National People's Congress is composed of deputies elected by the provinces, autonomous regions and municipalities directly under the Central Government, and by the armed forces
. All the minority nationalities are entitled to appropriate representation. The Standing Committee of the National People's Congress conducts election of deputies to the National People's Congress.
Law prescribes the number of deputies to the National People's Congress and the manner of their election. Article 60. The National People's Congress is elected for a term of five years
. Two months before the expiration of the term of office of a National People's Congress, its Standing Committee must ensure that
the election of deputies to the succeeding National People's Congress is completed. Should exceptional circumstances prevent such an election, it may be postponed by decision of a majority vote of more than
two- thirds of all those on the Standing Committee of the incumbent National People's Congress, and the
term of office of the incumbent National People's Congress may be extended. The election of deputies to the
succeeding National People's Congress must be completed within one year after the termination of such exceptional circumstances.
Article 61. The National People's Congress meets in session once a year and is convened by its Standing Committee. A session of the National People's Congress may be convened at any time the
Standing Committee deems this necessary, or when more than one-fifth of the deputies to the National People's Congress so propose. When the National People's Congress meets, it elects a presidium to conduct
its session. Article 62. The National People's Congress exercises the following functions and powers: (1) To amend the Constitution;
(2) To supervise the enforcement of the Constitution; (3) To enact and amend basic statutes concerning criminal offences, civil affairs, the state organs and other matters;
(4) To elect the President and the Vice-President of the People's Republic of China; (previously translated as Chairman and Vice-Chairman of the People's Republic of China--translator's note.)
(5) To decide on the choice of the Premier of the State Council upon nomination by the President of the
People's Republic of China, and to decide on the choice of the Vice-Premiers, State Councillors, Ministers in
charge of Ministries or Commissions and the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier;
(6) To elect the Chairman of the Central Military Commission and, upon his nomination, to decide on the choice of the other members of the Central Military Commission;
(7) To elect the President of the Supreme People's Court; (8) To elect the Procurator-General of the Supreme People's Procuratorate;
(9) To examine and approve the plan for national economic and social development and the reports on its implementation;
(10) To examine and approve the state budget and the report on its implementation; (11) To alter or annul inappropriate decisions of the Standing Committee of the National People's Congress; (12) To approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government;
(13) To decide on the establishment of special administrative regions and the systems to be instituted there; (14) To decide on questions of war and peace; and
(15) To exercise such other functions and powers as the highest organ of state power should exercise.
Article 63. The National People's Congress has the power to recall or remove from office the following persons: (1) The President and the Vice-President of the People's Republic of China; (2) The Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministries or Commissions and the Auditor-General and the Secretary-General of the State Council;
(3) The Chairman of the Central Military Commission and others on the commission; (4) The President of the Supreme People's Court; and
(5) The Procurator-General of the Supreme People's Procuratorate. Article 64. Amendments to the Constitution are to be proposed by the Standing Committee of
the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress
. Statutes and resolutions are adopted by a majority vote of more than one half of all the deputies to the National People's Congress.
Article 65. The Standing Committee of the National People's Congress is composed of the following: The Chairman; The Vice-Chairmen; The Secretary-General; and Members. Minority nationalities
are entitled to appropriate representation on the Standing Committee of the National People's Congress. The National People's Congress elects, and has the power to recall, all those on its Standing
Committee. No one on the Standing Committee of the National People's Congress shall hold any post in any of the administrative, judicial or procuratorial organs of the state.
Article 66. The Standing Committee of the National People's Congress is elected for the same term as the National People's Congress; it exercises its functions and powers until a new Standing
Committee is elected by the succeeding National People's Congress. The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms.
Article 67. The Standing Committee of the National People's Congress exercises the following functions and powers: (1) To interpret the Constitution and supervise its enforcement; (2) To enact and amend statutes with the exception of those which should be enacted by the National People's Congress;
(3) To enact, when the National People's Congress is not in session, partial supplements and amendments to
statutes enacted by the National People's Congress provided that they do not contravene the basic principles of these statutes; (4) To interpret statutes;
(5) To examine and approve, when the National People's Congress is not in session, partial adjustments to
the plan for national economic and social development and to the state budget that prove necessary in the course of their implementation;
(6) To supervise the work of the State Council, the Central Military Commission, the Supreme People's Court and the Supreme People's Procuratorate;
(7) To annual those administrative rules and regulations, decisions or orders of the State Council that contravene the Constitution or the statutes;
(8) To annul those local regulations or decisions of the organs of state power of provinces, autonomous regions and municipalities directly under the Central Government that contravene the Constitution, the
statutes or the administrative rules and regulations; (9) To decide, when the National People's Congress is not in session, on the choice of Ministers in charge of
Ministries or Commissions or the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier of the State Council;
(10) To decide, upon nomination by the Chairman of the Central Military Commission, on the choice of others on the commission, when the National People's Congress is not in session;
(11) To appoint and remove the Vice-Presidents and judges of the Supreme People's Court, members of its
Judicial Committee and the President of the Military Court at the suggestion of the President of the Supreme People's Court;
(12) To appoint and remove the Deputy Procurators-General and procurators of the Supreme People's Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military Procuratorate
at the request of the Procurator-General of the Supreme People's Procuratorate, and to approve the appointment and removal of the chief procurators of the people's procuratorates of provinces, autonomous
regions and municipalities directly under the Central Government; (13) To decide on the appointment and recall of plenipotentiary representatives abroad;
(14) To decide on the ratification and abrogation of treaties and important agreements concluded with foreign states;
(15) To institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;
(16) To institute state medals and titles of honour and decide on their conferment; (17) To decide on the granting of special pardons;
(18) To decide, when the National People's Congress is not in session, on the proclamation of a state of war
in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression;
(19) To decide on general mobilization or partial mobilization; (20) To decide on the enforcement of martial law throughout the country or in particular provinces,
autonomous regions or municipalities directly under the Central Government; and (21) To exercise such other functions and powers as the National People's Congress may assign to it.
Article 68. The Chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee and convenes its meetings. The Vice-Chairmen and the
Secretary-General assist the Chairman in his work. Chairmanship meetings with the participation of the chairman, vice- chairmen and secretary-general handle the important day-to-day work of the Standing
Committee of the National People's Congress. Article 69. The Standing Committee of the National People's Congress is responsible to the National People's Congress
and reports on its work to the Congress. Article 70. The National People's Congress establishes a Nationalities Committee, a Law
Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special
committees as are necessary. These special committees work under the direction of the Standing Committee of the National People's Congress when the Congress is not in session. The special committees
examine, discuss and draw up relevant bills and draft resolutions under the direction of the National People's Congress and its Standing Committee.
Article 71. The National People's Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in
the light of their reports. All organs of state, public organizations and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations. Article 72. Deputies to the National People's Congress and all those on its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals
within the scope of the respective functions and powers of the National People's Congress and its Standing Committee.
Article 73. Deputies to the National People's Congress during its sessions, and all those on its Standing Committee during its meetings, have the right to address questions, in accordance with
procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.
Article 74. No deputy to the National People's Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress
or, when the National People's Congress is not in session, without the consent of its 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 and people which elected them, listen to and convey their opinions and demands and work hard to serve them.
Article 77. Deputies to the National People's Congress are subject to the supervision of the units that elected them. The electoral units have the power, through procedures prescribed by law, to
recall the deputies whom they elected. Article 78. Law prescribes the organization and working procedures of the National People's Congress and its Standing Committee.
SECTION 2. THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA Article 79: the National People's Congress elects The President and Vice-President of the People's Republic of China
. Citizens of the People's Republic of China who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as President or Vice-President
of the People's Republic of China. The term of office of the President and Vice-President of the People's
Republic of China is the same as that of the National People's Congress, and they shall serve no more than two consecutive terms.
Article 80. The President of the People's Republic of China, in pursuance of decisions of the National People's Congress and its Standing Committee, promulgates statutes; appoints and
removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministries or Commissions, and the Auditor- General and the Secretary-General of the State Council; confers
state medals and titles of honour; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders.
Article 81. The President of the People's Republic of China receives foreign diplomatic representatives on behalf of the People's Republic of China and, in pursuance of decisions of the
Standing Committee of the National People's Congress, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements concluded with foreign states. Article 82. The Vice-President of the People's Republic of China assists the President in his work
. The Vice-President of the People's Republic of China may exercise such parts of the functions and powers of the President as the President may entrust to him.
Article 83. The President and Vice-President of the People's Republic of China exercise their functions and powers until the new President and Vice- President elected by the succeeding National
People's Congress assume office. Article 84. In case the office of the President of the People's Republic of China falls vacant, the
Vice-President succeeds to the office of President. In case the office of the Vice-President of the People's
Republic of China falls vacant, the National People's Congress shall elect a new Vice-President to fill the
vacancy. In the event that the offices of both the President and the Vice-President of the People's Republic of
China fall vacant, the National People's Congress shall elect a new President and a new Vice-President. Prior
to such election, the Chairman of the Standing Committee of the National People's Congress shall temporarily act as the President of the People's Republic of China.
SECTION 3. THE STATE COUNCIL Article 85. The State Council, that is, the Central People's Government of the People's Republic
of China, is the executive body of the highest organ of state power; it is the highest organ of state administration. Article 86. The State Council is composed of the following
: The Premier; The Vice-Premiers; The State Councillors; The Ministers in charge of Ministries; The Ministers in charge of Commissions; The
Auditor- General; and The Secretary-General. The Premier has overall responsibility for the State Council.
The Ministers have overall responsibility for the respective ministries or commissions under their charge. Law prescribes the organization of the State Council.
Article 87. The term of office of the State Council is the same as that of the National People's Congress. The Premier, Vice-Premiers and State Councillors shall serve no more than two consecutive terms.
Article 88. The Premier directs the work of the State Council. The Vice- Premiers and State
Councillors assist the Premier in his work. Executive meetings of the State Council are composed of the Premier, the Vice-Premiers, the State Councillors and the Secretary-General of the State Council. The
Premier convenes and presides over the executive meetings and plenary meetings of the State Council. Article 89. The State Council exercises the following functions and powers
: (1) To adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in
accordance with the Constitution and the statutes; (2) To submit proposals to the National People's Congress
or its Standing Committee; (3) To lay down the tasks and responsibilities of the ministries and commissions
of the State Council, to exercise unified leadership over the work of the ministries and commissions and to
direct all other administrative work of a national character that does not fall within the jurisdiction of the
ministries and commissions; (4) To exercise unified leadership over the work of local organs of state
administration at different levels throughout the country, and to lay down the detailed division of functions and powers between the Central Government and the organs of state administration of provinces,
autonomous regions and municipalities directly under the Central Government; (5) To draw up and implement the plan for national economic and social development and the state budget; (6) To direct and
administer economic work and urban and rural development; (7) To direct and administer the work concerning education, science, culture, public health, physical culture and family planning; (8) To direct and
administer the work concerning civil affairs, public security, judicial administration, supervision and other
related matters; (9) To conduct foreign affairs and conclude treaties and agreements with foreign states; (10) To direct and administer the building of national defense; (11) To direct and administer affairs
concerning the nationalities and to safeguard the equal rights of minority nationalities and the right of
autonomy of the national autonomous areas; (12) To protect the legitimate rights and interests of Chinese
nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the
family members of Chinese nationals residing abroad; (13) To alter or annul inappropriate orders, directives
and regulations issued by the ministries or commissions; (14) To alter or annul inappropriate decisions and
orders issued by local organs of state administration at different levels; (15) To approve the geographic
division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous
counties and cities; (16) To decide on the enforcement of martial law in parts of provinces, autonomous
regions and municipalities directly under the Central Government; (17) To examine and decide on the size of
administrative organs and, in accordance with the law, to appoint, remove and train administrative officers,
appraise their work and reward or punish them; and (18) To exercise such other functions and powers as the National People's Congress or its Standing Committee may assign it.
Article 90. The ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and convene and preside over their
ministerial meetings or commission meetings that discuss and decide on major issues in the work of their
respective departments. The ministries and commissions issue orders, directives and regulations within the
jurisdiction of their respective departments and in accordance with the statutes and the administrative rules and regulations, decisions and orders issued by the State Council.
Article 91. The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at different levels
, and those of the state financial and monetary organizations and of enterprises and undertakings. Under the direction of the Premier of the State Council, the auditing body
independently exercises its power to supervise through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual.
Article 92. The State Council is responsible, and reports on its work, to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee. SECTION 4. THE CENTRAL MILITARY COMMISSION Article 93. The Central Military Commission of the People's Republic of China directs the armed forces of the country
. The Central Military Commission is composed of the following: The Chairman; The Vice-Chairmen; and Members. The Chairman of the Central Military Commission has overall responsibility for
the commission. The term of office of the Central Military Commission is the same as that of the National People's Congress.
Article 94. The Chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee.
SECTION 5. THE LOCAL PEOPLE'S CONGRESS AND THE LOCAL PEOPLE'S GOVERNMENTS AT DIFFERENT LEVELS Article 95. People's congresses and people's governments are established in provinces,
municipalities directly under the Central Government, counties, cities, municipal districts, townships,
nationality townships and towns. Law prescribes the organization of local people's congresses and local
people's governments at different levels. Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and working procedures of organs of
self-government are prescribed by law in accordance with the basic principles laid down in Sections V and VI of Chapter Three of the Constitution.
Article 96. Local people's congresses at different levels are local organs of state power. Local people's congresses at and above the county level establish standing committees. Article 97
. Deputies to the people's congresses of provinces, municipalities directly under the Central Government, and cities divided into districts are elected by the people's congresses at the next lower level;
deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships,
nationality townships and towns are elected directly by their constituencies. Law prescribes the number of deputies to local people's congresses at different levels and the manner of their election. 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 are three years.
Article 99. Local people's congresses at different levels ensure the observance and implementation of the Constitution, the statutes and the administrative rules and regulations in their
respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue
resolutions and examine and decide on plans for local economic and cultural development and for development of public services. Local people's congresses at and above the county level examine and
approve the plans for economic and social development and the budgets of their respective administrative areas, and examine and approve reports on their implementation. They have the power to alter or annul
inappropriate decisions of their own standing committees. The people's congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the
peculiarities of the nationalities concerned. Article 100. The people's congresses of provinces and municipalities directly under the Central Government
, and their standing committees, may adopt local regulations, which must not contravene the Constitution, the statutes and the administrative rules and regulations, and they shall report such local
regulations to the Standing Committee of the National People's Congress for the record. Article 101. At their respective levels, local people's congresses elect, and have the power to
recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns. Local people's congresses at and above the county
level elect, and have the power to recall, presidents of people's courts and chief procurators of people's procuratorates at the corresponding level. The election or recall of chief procurators of people's
procuratorates shall be reported to the chief procurators of the people's procuratorates at the next higher
level for submission to the standing committees of the people's congresses at the corresponding level for approval. Article 102.
Deputies to the people's congresses of provinces, municipalities, directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them
; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships and towns are subject to supervision by their
constituencies. The electoral units and constituencies, which elect deputies to local people's congresses at
different levels, have the power, according to procedures prescribed by law, to recall deputies whom they elected.
Article 103. The standing committee of a local people's congress at and above the county level is composed of a chairman, vice-chairmen and members, and is responsible, and reports on its work,
to the people's congress at the corresponding level. The local people's congress at and above the county
level elects, and has the power to recall, anyone on the standing committee of the people's congress at the
corresponding level. No one on the standing committee of a local people's congress at and above the county level shall hold any post in state administrative, judicial and procuratorial organs.
Article 104. The standing committee of a local people's congress at and above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises
the work of the people's government, people's court and people's procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people's government at the corresponding level;
annuls inappropriate resolutions of the people's congress at the next lower level; decides on the appointment
and removal of functionaries of state organs within its jurisdiction as prescribed by law; and, when the
people's congress at the corresponding level is not in session, recalls individual deputies to the people's
congress at the next higher level and elects individual deputies to fill vacancies in that people's congress.
Article 105. Local people's governments at different levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding level. Local
people's governments at different levels practice the system of overall responsibility by governors, mayors, county heads, district heads, township heads and town heads. Article 106.
The term of office of local people's governments at different levels is the same as that of the people's congresses at the corresponding level. Article 107.
Local people's governments at and above the county level, within the limits of their authority as prescribed by law, conduct the administrative work concerning the economy,
education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration, supervision and
family planning in their respective administrative areas; issue decisions and orders; appoint, remove
and train administrative functionaries, appraise their work and reward or punish them. People's governments
of townships, nationality townships and towns carry out the resolutions of the people's congress at the
corresponding level as well as the decisions and orders of the state administrative organs at the next higher
level and conduct administrative work in their respective administrative areas. People's governments of provinces and municipalities directly under the Central Government decide on the establishment and
geographic division of townships, nationality townships and towns. Article 108. Local people's governments at and above the county level direct the work of their
subordinate departments and of people's governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and people's governments at lower levels. Article 109. Local people's governments at and above the county level establish auditing bodies
. 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. Law prescribes the relationship between the residents 'and villagers'
committees and the grass-roots organs of state power. The residents' and villagers' committees establish
committees for people's mediation, public security, public health and other matters in order to manage public
affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents' opinions and demands and make suggestions to the people's government.
SECTION 6. THE ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS AREAS Article 112. The organs of self-government of national autonomous areas are the people's
congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties. Article 113. In the people's congress of an autonomous region
, prefecture or county, in addition to the deputies of the nationality or nationalities exercising regional autonomy in the administrative area, the
other nationalities inhabiting the area are also entitled to appropriate representation. The chairmanship and
vice- 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 right of autonomy within the limits of their
authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation.
Article 116. People's congresses of national autonomous areas have the power to enact autonomy regulations and specific regulations in the light of the political, economic and cultural
characteristics of the nationality or nationalities in the areas concerned. The autonomy regulations
and specific regulations of autonomous regions shall be submitted to the Standing Committee of the National
People's Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people's congresses of provinces or autonomous
regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress for the record.
Article 117. The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous
areas under the financial system of the state shall be managed and used independently by the organs of self- government of those areas.
Article 118. The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans. In
developing natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas.
Article 119. The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas
, sort out and protect the cultural legacy of the nationalities and work for the development and prosperity of their cultures.
Article 120. The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and concrete local needs and with the
approval of the State Council, organize local public security forces for the maintenance of public order.
Article 121. In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the autonomy regulations of the respective areas,
employ the spoken and written language or languages in common use in the locality. Article 122. The state gives financial, material and technical assistance to the minority
nationalities to accelerate their economic and cultural development. The state helps the national autonomous areas train large numbers of cadres at different levels and specialized personnel and skilled
workers of different professions and trades from among the nationality or nationalities in those areas. SECTION 7. THE PEOPLE'S COURT AND THE PEOPLE'S PROCURATORATES
Article 123. The people's courts in the People's Republic of China are the judicial organs of the state. Article 124. The People's Republic of China establishes the Supreme People's Court
and the local people's courts at different levels, military courts and other special people's courts. The term of office of the
President of the Supreme People's Court is the same as that of the National People's Congress; he shall serve no more than two consecutive terms. Law prescribes the organization of people's courts. 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 defense.
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
that created them. Article 129. The people's procuratorates of the People's Republic of China are state organs for legal supervision.
Article 130. The People's Republic of China establishes the Supreme People's Procuratorate and the local people's procuratorates at different levels, military procuratorates and other special people's
procuratorates. The term of office of the Procurator-General of the Supreme People's Procuratorate is the
same as that of the National People's Congress; he shall serve no more than two consecutive terms. Law prescribes the organization of people's procuratorates.
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 that created them and to the people's procuratorates at the higher level. Article 134. Citizens of all nationalities have the right to use the spoken
and written languages of their own nationalities in court proceedings. The people's courts and people's
procuratorates should provide translation for any party to the court proceedings who is not familiar with the
spoken or written languages in common use in the locality. In an area where people of a minority nationality
live in a compact community or where a number of nationalities live together, hearings should be conducted
in the language or languages in common use in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages in common use in the
locality. Article 135. The people's courts, people's procuratorates and public security organs shall, in
handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co- ordinate their efforts and check each other to ensure correct and effective enforcement of law.
CHAPTER IV. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE CAPITAL Article 136. The national flag of the People's Republic of China is a red flag with five stars.Article 137. The national emblem of the People's Republic of China is Tian'anmen in the centre illuminated by five stars and encircled by ears of grain and a cogwheel.
Article 138. The capital of the People's Republic of China is Beijing. AMENDENTS TO THE CONSTITUTION AMENDMENT ONE
(Approved on April 12, 1988, by the 7th NPC at its 1st Session) 1. Article 11 of the Constitution shall include a new paragraph, which reads: "The State permits the private
sector of the economy to exist and develop within the limits prescribed by law. The private sector of the
economy is a complement to the socialist public economy. The State protects the lawful rights and interests
of the private sector of the economy, and exercises guidance, supervision and control over the private sector of the economy."
2. The fourth paragraph of Article 10 of the Constitution, which provides that "no organization or individual
may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by unlawful means,"
shall be amended as: "no organization or individual may appropriate, buy, sell or otherwise engage in the
transfer of land by unlawful means. The right to the use of land may be transferred according to law." AMENDMENT TWO
(Approved on March 29, 1993, by the 8th NPC at its 1st Session) 3. The last two sentences of the seventh paragraph of the Preamble which reads "The basic task of the
nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the
Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the
socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal
system and work hard and self-reliantly to modernize industry, agriculture, national defense and science and
technology step by step to turn China into a socialist country with a high level of culture and democracy,"
shall be amended as: "China is at the primary stage of socialism. The basic task of the nation is, according to
the theory of building socialism with Chinese characteristics, to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism
and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, persevere in reform and opening to the outside,
steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and
work hard and self-reliantly to modernize industry, agriculture, national defense and science and technology
step by step to turn China into a socialist country with prosperity and power, democracy and culture."
4. At the end of the tenth paragraph of the Preamble, add "The system of multi-party cooperation and
political consultation led by the Communist Party of China will exist and develop in China for a long time to come."
5. Article 7 which reads "The State economy is the sector of socialist economy under ownership by the whole
people; it is the leading force in the national economy. The State ensures the consolidation and growth of
the State economy," shall be changed to: "The State-owned economy, that is, the socialist economy under
ownership by the whole people, is the leading force in the national economy. The State ensures the consolidation and growth of the State-owned economy."
6. The first item of Article 8 which reads "Rural people's communes, agricultural producers' cooperatives,
and other forms of cooperative economy such as producers', supply and marketing, credit and consumers'
cooperatives, belong to the sector of socialist economy under collective ownership by the working people.
Working people who are members of rural economic collectives have the right, within the limits prescribed
by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline
production and raise privately-owned livestock," shall be amended as: "Rural household-based contract
responsibility system with remuneration linked to output, and other forms of cooperative economy such as
producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural
economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly
land allotted for private use, engage in household sideline production and raise privately-owned livestock."
7. Article 15 which reads "The State practices economic planning on the basis of socialist public ownership. It
ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market.
Disturbance of the orderly functioning of the social economy or disruption of the State economic plan by any
organization or individual is prohibited," shall be changed to: "The state has put into practice a socialist
market economy. The State strengthens formulating economic laws, improves macro adjustment and control
and forbids according to law any units or individuals from interfering with the social economic order."
8. Article 16 that 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 fulfill 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 that 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." (Update in 1999) |
