CONSTITUTION OF THEPEOPLE'S REPUBLIC OF CHINA (Adoptedon December 4, 1982) PREAMBLE China is one of the countries withthe longest histories in the world.The people of all nationalities in China have jointly created a splendidculture and have a glorious revolutionary tradition. Feudal China was graduallyreduced after 1840 to a semi-colonial and semi-feudal country. The Chinesepeople waged wave upon wave of heroic struggles for national independence andliberation and for democracy and freedom. Great and earth-shaking historicalchanges 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 theRepublic of China. But the Chinese people had yet to fulfil their historicaltask of overthrowing imperialism and feudalism. After waging hard, protractedand tortuous struggles, armed and otherwise, the Chinese people of allnationalities led by the Communist Party of China with Chairman Mao Zedong asits leader ultimately, in 1949, overthrew the rule of imperialism, feudalismand bureaucrat capitalism, won the great victory of the new-democraticrevolution and founded the People's Republic of China. Thereupon the Chinesepeople took state power into their own hands and became masters of the country. After the founding of the People'sRepublic, the transition of Chinese societyfrom a new- democratic to a socialist society was effected step by step. Thesocialist transformation of the private ownership of the means of productionwas completed, the system of exploitation of man by man eliminated and thesocialist system established. The people's democratic dictatorship led by theworking class and based on the alliance of workers and peasants, which is inessence the dictatorship of the proletariat, has been consolidated anddeveloped. The Chinese people and the Chinese People's Liberation Army havethwarted aggression, sabotage and armed provocations by imperialists andhegemonists,safeguarded China's national independence and security and strengthenedits national defence. Major successes have been achieved in economicdevelopment. An independent and fairly comprehensive socialist system ofindustry has in the main been established. There has been a marked increase inagricultural production. Significant progress has been made in educational,scientific, cultural and other undertakings, and socialist ideologicaleducation has yielded noteworthy results. The living standards of the peoplehave improved considerably. Both the victory of China's new-democraticrevolution and the successes of its socialist cause have been achieved by theChinese people of all nationalities under the leadership of the Communist Partyof China and the guidance of Marxism-Leninism and Mao Zedong Thought, and byupholding truth, correcting errors and overcoming numerous difficulties andhardships. The basic task of the nation in theyears to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China andthe guidance of Marxism- Leninism and Mao ZedongThought, the Chinese people ofall nationalities will continue to adhere to the people's democraticdictatorship and follow the socialist road, steadily improve socialistinstitutions, develop socialist democracy, improve the socialist legal systemand work hard and self-reliantly to modernize industry, agriculture, nationaldefence and science and technology step by step to turn China into a socialistcountry with a high level of culture and democracy. The exploiting classes assuch have been eliminated in our country. However, class struggle will continueto exist within certain limits for a long time to come. The Chinese people mustfight against those forces and elements, both at home and abroad, that arehostile to China's socialist system and try to undermine it. Taiwan is part ofthe sacred territory of the People's Republic of China. It is the lofty duty ofthe entire Chinese people, including our compatriots in Taiwan, to accomplishthe great task of reunifying the motherland. In building socialism it isimperative to rely on the workers, peasants and intellectuals and unite withall the forces that can be united. In the long years of revolution andconstruction, there has been formed under the leadership of the Communist Partyof China a broad patriotic united front that is composed of democratic partiesand people's organizations and embraces all socialist working people, allpatriots who support socialism and all patriots who stand for reunification ofthe motherland. This united front will continue to be consolidated anddeveloped. The Chinese People's Political Consultative Conference is a broadlyrepresentative organization of the united front, which has played a significanthistorical role and will continue to do so in the political and social life ofthe country, in promoting friendship with the people of other countries and inthe struggle for socialist modernization and for the reunification and unity ofthe country. The People's Republic of China is a unitary multi-national statebuilt up jointly by the people of all its nationalities. Socialist relations ofequality, unity and mutual assistance have been established among them and willcontinue to be strengthened. In the struggle to safeguard the unity of the nationalities,it is necessary to combat big-nation chauvinism, mainly Han chauvinism, andalso necessary to combat local-national chauvinism. The state does its utmostto promote the common prosperity of all nationalities in the country. China'sachievements in revolution and construction are inseparable from support by thepeople of the world. The future of China is closely linked with that of thewhole world. China adheres to an independent foreign policy as well as to thefive 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 diplomaticrelations and economic and cultural exchanges with other countries; Chinaconsistently opposes imperialism, hegemonism and colonialism, works tostrengthen unity with the people of other countries, supports the oppressednations and the developing countries in their just struggle to win and preservenational independence and develop their national economies, and strives tosafeguard world peace and promote the cause of human progress. ThisConstitution affirms the achievements of the struggles of the Chinese people ofall nationalities and defines the basic system and basic tasks of the state inlegal form; it is the fundamental law of the state and has supreme legalauthority. The people of all nationalities, all state organs, the armed forces,all political parties and public organizations and all enterprises and undertakingsin the country must take the Constitution as the basic norm of conduct, andthey have the duty to uphold the dignity of the Constitution and ensure itsimplementation.
CHAPTER I. GENERAL PRINCIPLES Article 1. The People's Republic ofChina is a socialist state under thepeople's democratic dictatorship led by the working class and based on thealliance of workers and peasants. The socialist system is the basic system ofthe People's Republic of China. Sabotage of the socialist system by anyorganization or individual is prohibited. Article 2. All power in the People'sRepublic of China belongs to the people. The organsthrough which the people exercise state power are the National People'sCongress and the local people's congresses at different levels. The peopleadminister state affairs and manage economic, cultural and social affairsthrough various channels and in various ways in accordance with the law. Article 3. The state organs of thePeople's Republic of China apply the principle of democratic centralism. The National People's Congress and the local people'scongresses at different levels are instituted through democratic election. Theyare responsible to the people and subject to their supervision. Alladministrative, judicial and procuratorial organs of the state are created bythe people's congresses to which they are responsible and under whosesupervision they operate. The division of functions and powers between thecentral and local state organs is guided by the principle of giving full playto the initiative and enthusiasm of the local authorities under the unifiedleadership of the central authorities. Article 4. All nationalities in thePeople's Republic of China are equal.The state protects the lawful rights and interests of the minoritynationalities and upholds and develops the relationship of equality, unity andmutual assistance among all of China's nationalities. Discrimination againstand oppression of any nationality are prohibited; any acts that undermine theunity of the nationalities or instigate their secession are prohibited. Thestate helps the areas inhabited by minority nationalities speed up theireconomic and cultural development in accordance with the peculiarities andneeds of the different minority nationalities. Regional autonomy is practisedin areas where people of minority nationalities live in compact communities; inthese areas organs of self- government are established for the exercise of theright of autonomy. All the national autonomous areas are inalienable parts ofthe People's Republic of China. The people of all nationalities have thefreedom to use and develop their own spoken and written languages, and topreserve or reform their own ways and customs. Article 5. The state upholds theuniformity and dignity of the socialist legal system. No law or administrative or local rules and regulationsshall contravene the constitution. All state organs, the armed forces, allpolitical parties and public organizations and all enterprises and undertakingsmust abide by the Constitution and the law. All acts in violation of theConstitution and the law must be investigated. No organization or individualmay enjoy the privilege of being above the Constitution and the law. Article 6. The basis of thesocialist economic system of the People's Republic of China is socialist publicownership of the means of production,namely, ownership by the whole people and collective ownership by the workingpeople. The system of socialist public ownership supersedes the system ofexploitation of man by man; it applies the principle of 'from each according tohis ability, to each according to his work. Article 7. The state economy is thesector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The stateensures 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 andconsumers co-operatives, belong to the sector of socialist economy undercollective ownership by the working people. Working people who are members ofrural economic collectives have the right, within the limits prescribed by law,to farm private plots of cropland and hilly land, engage in household sidelineproduction and raise privately owned livestock. The various forms ofco-operative economy in the cities and towns, such as those in the handicraft,industrial, building, transport, commerical and service trades, all belong tothe sector of socialist economy under collective ownership by the workingpeople. The state protects the lawful rights and interests of the urban andrural economic collectives and encourages, guides and helps the growth of thecollective economy. Article 9. Mineral resources,waters, forests, mountains, grassland, unreclaimed land, beaches and othernatural 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 inaccordance with the law. The state ensures the rational use of naturalresources and protects rare animals and plants. The appropriation or damage ofnatural resources by any organization or individual by whatever means isprohibited. Article 10. Land in the cities isowned by the state. Land in the rural and suburbanareas is owned by collectives except for those portions which belong to thestate in accordance with the law; house sites and private plots of cropland andhilly land are also owned by collectives. The state may in the public interesttake over land for its use in accordance with the law. No organization orindividual may appropriate, buy, sell or lease land, or unlawfully transferland in other ways. All organizations and individuals who use land must makerational use of the land. Article 11. The individual economyof urban and rural working people, operated within the limits prescribed bylaw, is a complement to the socialist public economy. The state protects the lawful rights and interests of theindividual economy. The state guides, helps and supervises the individualeconomy by exercising administrative control. Article 12. Socialist publicproperty is sacred and inviolable.The state protects socialist public property. Appropriation or damage of stateor collective property by any organization or individual by whatever means isprohibited. Article 13. The state protects theright of citizens to own lawfully earned income, savings, houses and otherlawful property. The state protects by law theright of citizens to inherit private property. Article 14. The state continuouslyraises labour productivity, improves economic results and develops theproductive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminatingadvanced science and technology, improving the systems of economicadministration and enterprise operation and management, instituting thesocialist system of responsibility in various forms and improving organizationof work. The state practises strict economy and combats waste. The stateproperly apportions accumulation and consumption, pays attention to theinterests of the collective and the individual as well as of the state and, onthe basis of expanded production, gradually improves the material and culturallife of the people. Article 15. The state practiseseconomic planning on the basis of socialist public ownership. It ensures the proportionate and co-ordinated growth ofthe national economy through overall balancing by economic planning and thesupplementary role of regulation by the market. Disturbance of the orderlyfunctioning of the social economy or disruption of the state economic plan byany organization or individual is prohibited. Article 16. State enterprises havedecision-making power in operation and management within the limits prescribedby law, on condition that they submit tounified leadership by the state and fulfil all their obligations under thestate plan. State enterprises practise democratic management through congressesof workers and staff and in other ways in accordance with the law. Article 17. Collective economicorganizations have decision-making power in conducting independent economicactivities, on condition that they accept theguidance of the state plan and abide by the relevant laws. Collective economicorganizations practise democratic management in accordance with the law, withthe entire body of their workers electing or removing their managerialpersonnel and deciding on major issues concerning operation and management. Article 18. The People's Republic ofChina permits foreign enterprises, other foreign economic organizations andindividual foreigners to invest in Chinaand to enter into various forms of economic co-operation with Chineseenterprises and other economic organizations in accordance with the law of thePeople's Republic of China. All foreign enterprises and other foreign economicorganizations in China, as well as joint ventures with Chinese and foreigninvestment located in China, shall abide by the law of the People's Republic ofChina. Their lawful rights and interests are protected by the law of thePeople's Republic of China. Article 19. The state developssocialist educational undertakings and works to raise the scientific andcultural level of the whole nation.The state runs schools of various types, makes primary education compulsory anduniversal, develops secondary, vocational and higher education and promotespre-school education. The state develops educational facilities of varioustypes in order to wipe out illiteracy and provide political, cultural,scientific, technical and professional education for workers, peasants, statefunctionaries and other working people. It encourages people to become educatedthrough self- study. The state encourages the collective economicorganizations, state enterprises and undertakings and other social forces toset up educational institutions of various types in accordance with the law.The state promotes the nationwide use of Putonghua (common speech based onBeijing pronunciation). Article 20. The state promotes thedevelopment of the natural and social sciences, disseminates scientific and technical knowledge, andcommends and rewards achievements in scientific research as well astechnological discoveries and inventions. Article 21. The state developsmedical and health services, promotesmodern medicine and traditional Chinese medicine, encourages and supports thesetting up of various medical and health facilities by the rural economiccollectives, state enterprises and undertakings and neighbourhoodorganizations, and promotes sanitation activities of a mass character, all toprotect the people's health. The state develops physical culture and promotesmass sports activities to build up the people's physique. Article 22. The state promotes thedevelopment of literature and art,the press, broadcasting and television undertakings, publishing anddistribution services, libraries, museums, cultural centres and other culturalundertakings, that serve the people and socialism, and sponsors mass culturalactivities. The state protects places of scenic and historicalinterest,valuable cultural monuments and relics and other important items ofChina's historical and cultural heritage. Article 23. The state trainsspecialized personnel in all fieldswho serve socialism, increases the number of intellectuals and createsconditions to give full scope to their role in socialist modernization. Article 24. The state strengthensthe building of socialist spiritual civilization through spreading education in high ideals and morality,general education and education in discipline and the legal system, and throughpromoting the formulation and observance of rules of conduct and common pledgesby different sections of the people in urban and rural areas. The stateadvocates the civic virtues of love for the motherland, for the people, forlabour, for science and for socialism; it educates the people in patriotism,collectivism, internationalism and communism and in dialectical and historicalmaterialism; it combats the decadent ideas of capitalism and feudalism andother decadent ideas. Article 25. The state promotesfamily planning so that population growth may fitthe plans for economic and social development. Article 26. The state protects andimproves the living environmentand the ecological environment, and prevents and controls pollution and otherpublic hazards. The state organizes and encourages afforestation and theprotection of forests. Article 27. All state organs carryout the principle of simple and efficient administration, the system of responsibility for work and the system oftraining functionaries and appraising their work in order constantly to improvequality of work and efficiency and combat bureaucratism. All state organs andfunctionaries must rely on the support of the people, keep in close touch withthem, heed their opinions and suggestions, accept their supervision and workhard to serve them. Article 28. The state maintainspublic order and suppresses treasonable and other counter- revolutionaryactivities; it penalizes actions that endangerpublic security and disrupt the socialist economy and other criminalactivities, and punishes and reforms criminals. Article 29. The armed forces of thePeople's Republic of China belong to the people. Their tasks are to strengthen national defence, resistaggression, defend the motherland, safeguard the people's peaceful labour,participate in national reconstruction, and work hard to serve the people. Thestate strengthens the revolutionization, modernization and regularization ofthe armed forces in order to increase the national defence capability. Article 30. The administrativedivision of the People's Republic of China is as follows: (1) The country is divided into provinces, autonomous regionsand municipalities directly under the Central Government; (2) Provinces andautonomous regions are divided into autonomous prefectures, counties,autonomous counties and cities; (3) Counties and autonomous counties aredivided into townships, nationality townships and towns. Municipalitiesdirectly under the Central Government and other large cities are divided intodistricts and counties. Autonomous prefectures are divided into counties,autonomous counties, and cities. All autonomous regions, autonomous prefecturesand autonomous counties are national autonomous areas. Article 31. The state may establishspecial administrative regions when necessary.The systems to be instituted in special administrative regions shall beprescribed by law enacted by the National People's Congress in the light of thespecific conditions. Article 32. The People's Republic ofChina protects the lawful rights and interests of foreigners within Chinese territory, and while on Chinese territoryforeigners must abide by the law of the People's Republic of China. ThePeople's Republic of China may grant asylum to foreigners who request it forpolitical reasons.
CHAPTER II. THE FUNDAMENTAL RIGHTS AND DUTIESOF CITIZENS Article 33. All persons holding thenationality of the People's Republic of Chinaare citizens of the People's Republic of China. All citizens of the People'sRepublic of China are equal before the law. Every citizen enjoys the rights andat the same time must perform the duties prescribed by the Constitution and thelaw. Article 34. All citizens of thePeople's Republic of China who have reached the age of 18 have the right tovote and stand for election, regardlessof nationality, race, sex, occupation, family background, religious belief,education, property status, or length of residence, except persons deprived ofpolitical rights according to law. Article 35. Citizens of the People'sRepublic of China enjoy freedom of speech, of the press, of assembly, ofassociation, of procession and of demonstration. Article 36. Citizens of the People'sRepublic of China enjoy freedom of religious belief. No state organ, public organization or individual maycompel citizens to believe in, or not to believe in, any religion; nor may theydiscriminate against citizens who believe in, or do not believe in, anyreligion. The state protects normal religious activities. No one may make useof religion to engage in activities that disrupt public order, impair thehealth of citizens or interfere with the educational system of the state.Religious bodies and religious affairs are not subject to any foreigndomination. Article 37. The freedom of person ofcitizens of the People's Republic of China is inviolable. No citizen may be arrested except with the approval or bydecision of a people's procuratorate or by decision of a people's court, andarrests must be made by a public security organ. Unlawful deprivation orrestriction of citizens' freedom of person by detention or other means is prohibited;and unlawful search of the person of citizens is prohibited. Article 38. Thepersonal dignity of citizens of the People's Republic of China is inviolable.Insult, libel, false charge or frame-up directed against citizens by any meansis prohibited. Article 39. The home of citizens ofthe People's Republic of China is inviolable.Unlawful search of, or intrusion into, a citizen's home is prohibited. Article 40. The freedom and privacyof correspondence of citizens of the People's Republic of China are protectedby 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 ofinvestigation into criminal offences, public security or procuratorial organsare permitted to censor correspondence in accordance with procedures prescribedby law. Article 41. Citizens of the People'sRepublic of China have the right to criticize and make suggestions to any stateorgan or functionary. Citizens have the right to make torelevant 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-upis prohibited. In case of complaints, charges or exposures made by citizens,the state organ concerned must deal with them in a responsible manner afterascertaining the facts. No one may suppress such complaints, charges andexposures, or retaliate against the citizens making them. Citizens who havesuffered losses through infringement of their civil rights by any state organor functionary have the right to compensation in accordance with the law. Article 42. Citizens of the People'sRepublic of China have the right as well as the duty to work. Using various channels, the state creates conditions foremployment, strengthens labour protection, improves working conditions and, onthe basis of expanded production, increases remuneration for work and socialbenefits. Work is the glorious duty of every able-bodied citizen. All workingpeople in state enterprises and in urban and rural economic collectives shouldperform their tasks with an attitude consonant with their status as masters ofthe country. The state promotes socialist labour emulation, and commends andrewards model and advanced workers. The state encourages citizens to take partin voluntary labour. The state provides necessary vocational training tocitizens before they are employed. Article 43. Working people in thePeople's Republic of China have the right to rest. The state expands facilities for rest and recuperation ofworking people, and prescribes working hours and vacations for workers andstaff. Article 44. The state prescribes bylaw the system of retirement for workers and staff in enterprises andundertakings and for functionaries of organs of state. The livelihood of retired personnel is ensured by thestate and society. Article 45. Citizens of the People'sRepublic of China have the right to material assistance from the state andsociety when they are old, ill or disabled.The state develops the social insurance, social relief and medical and healthservices that are required to enable citizens to enjoy this right. The stateand society ensure the livelihood of disabled members of the armed forces,provide pensions to the families of martyrs and give preferential treatment tothe families of military personnel. The state and society help makearrangements for the work, livelihood and education of the blind, deaf-mute andother handicapped citizens. Article 46. Citizens of the People'sRepublic of China have the duty as well as the right to receive education. The state promotes the all-round moral, intellectual andphysical development of children and young people. Article 47. Citizens of the People'sRepublic of China have the freedomto engage in scientific research, literary and artistic creation and othercultural pursuits. The state encourages and assists creative endeavours conduciveto 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'sRepublic of China enjoy equal rightswith men in all spheres of life, political, economic, cultural and social, andfamily life. The state protects the rights and interests of women, applies theprinciple of equal pay for equal work for men and women alike and trains andselects cadres from among women. Article 49. Marriage, the family, andmother and child are protected by the state.Both husband and wife have the duty to practise family planning. Parents havethe duty to rear and educate their minor children, and children who have comeof age have the duty to support and assist their parents. Violation of thefreedom of marriage is prohibited. Maltreatment of old people, women andchildren is prohibited. Article 50. The People's Republic ofChina protects the legitimate rights and interests of Chinese nationalsresiding abroad and protects the lawful rights andinterests of returned overseas Chinese and of the family members of Chinesenationals residing abroad. Article 51. The exercise by citizensof the People's Republic of China of their freedoms and rights may not infringeupon the interests of the state,of society and of the collective, or upon the lawful freedoms and rights ofother citizens. Article 52. It is the duty ofcitizens of the People's Republic of China to safeguard the unity of thecountry and the unity of all its nationalities. Article 53. Citizens of the People'sRepublic of China must abide by the constitution and the law, keep state secrets, protect public property and observelabour discipline and public order and respect social ethics. Article 54. It is the duty of citizensof the People's Republic of China to safeguard the security, honour andinterests of the motherland; theymust not commit acts detrimental to the security, honour and interests of themotherland. Article 55. It is the sacredobligation of every citizen of the People's Republic of China to defend themotherland and resist aggression.It is the honourable duty of citizens of the People's Republic of China toperform military service and join the militia in accordance with the law. Article 56. It is the duty ofcitizens of the People's Republic of China to pay taxes in accordance with thelaw.
CHAPTER III. THE STRUCTURE OF THE STATE SECTION1. THE NATIONAL PEOPLE'S CONGRESS Article 57. The National People'sCongress 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'sCongress and its Standing Committee exercise the legislative power of the state. Article 59. The National People'sCongress is composed of deputies elected by the provinces, autonomous regionsand municipalities directly under the Central Government, and by the armedforces. All the minority nationalities areentitled to appropriate representation. Election of deputies to the NationalPeople's Congress is conducted by the Standing Committee of the NationalPeople's Congress. The number of deputies to the National People's Congress andthe manner of their election are prescribed by law. Article 60. The National People'sCongress is elected for a term of five years.Two months before the expiration of the term of office of a National People'sCongress, its Standing Committee must ensure that the election of deputies tothe succeeding National People's Congress is completed. Should exceptionalcircumstances prevent such an election, it may be postponed by decision of amajority vote of more than two- thirds of all those on the Standing Committeeof the incumbent National People's Congress, and the term of office of theincumbent National People's Congress may be extended. The election of deputiesto the succeeding National People's Congress must be completed within one yearafter the termination of such exceptional circumstances. Article 61. The National People'sCongress meets in session once a year and is convened by its Standing Committee. A session of the National People's Congress may beconvened at any time the Standing Committee deems this necessary, or when morethan 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 itssession. Article 62. The National People's Congressexercises the following functions and powers: (1) To amend the Constitution; (2) To supervise the enforcement ofthe Constitution; (3) To enact and amend basicstatutes concerning criminal offences, civil affairs, the state organs andother matters; (4) To elect the President and theVice-President of the People's Republic of China; (previously translated asChairman and Vice-Chairman of the People's Republic of China--translator'snote.) (5) To decide on the choice of thePremier of the State Council upon nomination by the President of the People'sRepublic of China, and to decide on the choice of the Vice-Premiers, StateCouncillors, Ministers in charge of Ministries or Commissions and theAuditor-General and the Secretary-General of the State Council upon nominationby the Premier; (6) To elect the Chairman of theCentral Military Commission and, upon his nomination, to decide on the choiceof the other members of the Central Military Commission; (7) To elect the President of theSupreme People's Court; (8) To elect the Procurator-Generalof the Supreme People's Procuratorate; (9) To examine and approve the planfor national economic and social development and the reports on itsimplementation; (10) To examine and approve thestate budget and the report on its implementation; (11) To alter or annul inappropriatedecisions of the Standing Committee of the National People's Congress; (12) To approve the establishment ofprovinces, autonomous regions, and municipalities directly under the CentralGovernment; (13) To decide on the establishmentof special administrative regions and the systems to be instituted there; (14) To decide on questions of warand peace; and (15) To exercise such otherfunctions and powers as the highest organ of state power should exercise. Article 63. The National People'sCongress has the power to recall or remove from office the following persons: (1) The President and theVice-President of the People's Republic of China; (2) The Premier, Vice-Premiers,State Councillors, Ministers in charge of Ministries or Commissions and theAuditor-General and the Secretary-General of the State Council; (3) The Chairman of the CentralMilitary Commission and others on the commission; (4) The President of the SupremePeople's Court; and (5) The Procurator-General of theSupreme People's Procuratorate. Article 64. Amendments to theConstitution are to be proposed by the Standing Committee of the NationalPeople's Congress or by more than one-fifth of the deputies to the NationalPeople's Congress and adopted by a majority vote of more than two-thirds of allthe deputies to the Congress.Statutes and resolutions are adopted by a majority vote of more than one halfof all the deputies to the National People's Congress. Article 65. The Standing Committeeof 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 StandingCommittee of the National People's Congress. The National People's Congresselects, and has the power to recall, all those on its Standing Committee. Noone on the Standing Committee of the National People's Congress shall hold anypost in any of the administrative, judicial or procuratorial organs of thestate. Article 66. The Standing Committeeof the National People's Congress is elected for the same term as the NationalPeople's Congress; it exercises its functions andpowers until a new Standing Committee is elected by the succeeding NationalPeople's Congress. The Chairman and Vice-Chairmen of the Standing Committeeshall serve no more than two consecutive terms. Article 67. The Standing Committeeof the National People's Congress exercises the following functions and powers: (1) To interpret the Constitutionand supervise its enforcement; (2) To enact and amend statutes withthe exception of those which should be enacted by the National People'sCongress; (3) To enact,when the NationalPeople's Congress is not in session, partial supplements and amendments tostatutes enacted by the National People's Congress provided that they do notcontravene the basic principles of these statutes; (4) To interpret statutes; (5) To examine and approve, when theNational People's Congress is not in session, partial adjustments to the planfor national economic and social development and to the state budget that provenecessary in the course of their implementation; (6) To supervise the work of theState Council,the Central Military Commission, the Supreme People's Court andthe Supreme People's Procuratorate; (7) To annual those administrativerules and regulations, decisions or orders of the State Council that contravenethe Constitution or the statutes; (8) To annul those local regulationsor decisions of the organs of state power of provinces, autonomous regions andmunicipalities directly under the Central Government that contravene theConstitution, the statutes or the administrative rules and regulations; (9) To decide, when the NationalPeople's Congress is not in session, on the choice of Ministers in charge ofMinistries or Commissions or the Auditor-General and the Secretary-General ofthe State Council upon nomination by the Premier of the State Council; (10) To decide, upon nomination bythe Chairman of the Central Military Commission, on the choice of others on thecommission, when the National People's Congress is not in session; (11) To appoint and remove theVice-Presidents and judges of the Supreme People's Court, members of itsJudicial Committee and the President of the Military Court at the suggestion ofthe President of the Supreme People's Court; (12) To appoint and remove theDeputy Procurators-General and procurators of the Supreme People's Procuratorate,members of its Procuratorial Committee and the Chief Procurator of the MilitaryProcuratorate at the request of the Procurator-General of the Supreme People'sProcuratorate, and to approve the appointment and removal of the chiefprocurators of the people's procuratorates of provinces, autonomous regions andmunicipalities directly under the Central Government; (13) To decide on the appointmentand recall of plenipotentiary representatives abroad; (14) To decide on the ratificationand abrogation of treaties and important agreements concluded with foreignstates; (15) To institute systems of titlesand ranks for military and diplomatic personnel and of other specific titlesand ranks; (16) To institute state medals andtitles of honour and decide on their conferment; (17) To decide on the granting ofspecial pardons; (18) To decide, when the NationalPeople's Congress is not in session, on the proclamation of a state of war inthe event of an armed attack on the country or in fulfillment of internationaltreaty obligations concerning common defence against aggression; (19) To decide on generalmobilization or partial mobilization; (20) To decide on the enforcement ofmartial law throughout the country or in particular provinces, autonomousregions or municipalities directly under the Central Government; and (21) To exercise such otherfunctions and powers as the National People's Congress may assign to it. Article 68. The Chairman of theStanding Committee of the National People's Congress presides over the work ofthe Standing Committee and convenes its meetings. The Vice-Chairmen and the Secretary-General assist theChairman in his work. Chairmanship meetings with the participation of thechairman, vice- chairmen and secretary-general handle the important day-to-daywork of the Standing Committee of the National People's Congress. Article 69. The Standing Committeeof the National People's Congress is responsible to the National People'sCongress and reports on its work to theCongress. Article 70. The National People'sCongress establishes a Nationalities Committee, a Law Committee, a Finance andEconomic Committee, an Education, Science, Culture and Public Health Committee,a Foreign Affairs Committee, an Overseas Chinese Committee and such other specialcommittees as are necessary. Thesespecial committees work under the direction of the Standing Committee of theNational People's Congress when the Congress is not in session. The specialcommittees examine, discuss and draw up relevant bills and draft resolutionsunder the direction of the National People's Congress and its StandingCommittee. Article 71. The National People'sCongress and its Standing Committee may, when they deem it necessary, appointcommittees of inquiry into specific questionsand adopt relevant resolutions in the light of their reports. All organs ofstate, public organizations and citizens concerned are obliged to supply thenecessary information to those committees of inquiry when they conductinvestigations. Article 72. Deputies to the NationalPeople's Congress and all those on its Standing Committee have the right, inaccordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers ofthe National People's Congress and its Standing Committee. Article 73. Deputies to the NationalPeople's Congress during its sessions, and all those on its Standing Committeeduring its meetings, have the right to address questions, in accordance with procedures prescribed by law, to theState Council or the ministries and commissions under the State Council, whichmust answer the questions in a responsible manner. Article 74. No deputy to theNational People's Congress may be arrested or placed on criminal trial withoutthe consent of the Presidium of the current session of the National People'sCongress or, when the National People'sCongress is not in session, without the consent of its StandingCommittee. Article 75. Deputies to the NationalPeople's Congress may not be called to legal account for their speeches orvotes at its meetings. Article 76. Deputies to the NationalPeople's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in productionand other work and their public activities, assist in the enforcement of theConstitution and the law. Deputies to the National People's Congress shouldmaintain close contact with the units and people which elected them, listen toand convey their opinions and demands and work hard to serve them. Article 77. Deputies to the NationalPeople's Congress are subject to the supervision of the units which electedthem. The electoral units have thepower, through procedures prescribed by law, to recall the deputies whom theyelected. Article 78. The organization andworking procedures of the National People's Congress and its Standing Committeeare prescribed by law.
SECTION2. THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA Article 79: The President andVice-President of the People's Republic of China are elected by the NationalPeople's Congress. Citizens of the People's Republicof China who have the right to vote and to stand for election and who havereached the age of 45 are eligible for election as President or Vice-Presidentof the People's Republic of China. The term of office of the President andVice-President of the People's Republic of China is the same as that of theNational People's Congress, and they shall serve no more than two consecutiveterms. Article 80. The President of thePeople's Republic of China, in pursuance of decisions of the National People'sCongress and its Standing Committee, promulgates statutes; appoints and removesthe Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministriesor Commissions, and the Auditor- General and the Secretary-General of the StateCouncil; confers state medals and titles of honour; issues orders of specialpardons; proclaims martial law; proclaims a state of war; and issuesmobilization orders. Article 81. The President of thePeople's Republic of China receives foreign diplomatic representatives onbehalf of the People's Republic of Chinaand, in pursuance of decisions of the Standing Committee of the NationalPeople's Congress, appoints and recalls plenipotentiary representatives abroad,and ratifies and abrogates treaties and important agreements concluded withforeign states. Article 82. The Vice-President ofthe People's Republic of China assists the President in his work. The Vice-President of the People's Republic of China mayexercise such parts of the functions and powers of the President as thePresident may entrust to him. Article 83. The President andVice-President of the People's Republic of China exercise their functions and powers until the new President and Vice- Presidentelected by the succeeding National People's Congress assume office. Article 84. In case the office ofthe President of the People's Republic of China falls vacant, the Vice-President succeeds to the office of President. Incase the office of the Vice-President of the People's Republic of China fallsvacant, the National People's Congress shall elect a new Vice-President to fillthe vacancy. In the event that the offices of both the President and theVice-President of the People's Republic of China fall vacant, the NationalPeople's Congress shall elect a new President and a new Vice-President. Priorto such election, the Chairman of the Standing Committee of the NationalPeople's Congress shall temporarily act as the President of the People'sRepublic of China.
SECTION3. THE STATE COUNCIL Article 85. The State Council, thatis, the Central People's Government of the People's Republic of China, is theexecutive body of the highest organ of state power; it is the highest organ ofstate administration. Article 86. The State Council iscomposed of the following: ThePremier; The Vice-Premiers; The State Councillors; The Ministers in charge ofMinistries; The Ministers in charge of Commissions; The Auditor- General; andThe Secretary-General. The Premier has overall responsibility for the StateCouncil. The Ministers have overall responsibility for the respectiveministries or commissions under their charge. The organization of the StateCouncil is prescribed by law. Article 87. The term of office ofthe State Council is the same as that of the National People's Congress. ThePremier, Vice-Premiers and State Councillors shall serve no more than twoconsecutive terms. Article 88. The Premier directs thework of the State Council. TheVice- Premiers and State Councillors assist the Premier in his work. Executivemeetings of the State Council are composed of the Premier, the Vice-Premiers,the State Councillors and the Secretary-General of the State Council. ThePremier convenes and presides over the executive meetings and plenary meetingsof the State Council. Article 89. The State Councilexercises the following functions and powers 1) To adopt administrative measures,enact administrative rules and regulationsand issue decisions and orders in accordance with the Constitution and thestatutes; (2) To submit proposals to the National People's Congress or itsStanding Committee; (3) To lay down the tasks and responsibilities of theministries and commissions of the State Council, to exercise unified leadershipover the work of the ministries and commissions and to direct all otheradministrative work of a national character that does not fall within thejurisdiction of the ministries and commissions; (4) To exercise unified leadershipover the work of local organs of state administration at different levelsthroughout the country, and to lay down the detailed division of functions andpowers between the Central Government and the organs of state administration ofprovinces, autonomous regions and municipalities directly under the CentralGovernment; (5) To draw up and implement the plan for national economic andsocial development and the state budget; (6) To direct and administer economicwork and urban and rural development; (7) To direct and administer the workconcerning education, science, culture, public health, physical culture andfamily planning; (8) To direct and administer the work concerning civilaffairs, public security, judicial administration, supervision and otherrelated matters; (9) To conduct foreign affairs and conclude treaties andagreements with foreign states; (10) To direct and administer the building ofnational defence; (11) To direct and administer affairs concerning thenationalities and to safeguard the equal rights of minority nationalities andthe right of autonomy of the national autonomous areas; (12) To protect thelegitimate rights and interests of Chinese nationals residing abroad andprotect the lawful rights and interests of returned overseas Chinese and of thefamily members of Chinese nationals residing abroad; (13) To alter or annulinappropriate orders, directives and regulations issued by the ministries orcommissions; (14) To alter or annul inappropriate decisions and orders issued bylocal organs of state administration at different levels; (15) To approve thegeographic division of provinces, autonomous regions and municipalitiesdirectly under the Central Government, and to approve the establishment andgeographic division of autonomous prefectures, counties, autonomous countiesand cities; (16) To decide on the enforcement of martial law in parts ofprovinces, autonomous regions and municipalities directly under the CentralGovernment; (17) To examine and decide on the size of administrative organsand, in accordance with the law, to appoint, remove and train administrativeofficers, appraise their work and reward or punish them; and (18) To exercisesuch other functions and powers as the National People's Congress or itsStanding Committee may assign it. Article 90. The ministers in chargeof ministries or commissions of the State Council are responsible for the workof their respective departmentsand convene and preside over their ministerial meetings or commission meetingsthat discuss and decide on major issues in the work of their respectivedepartments. The ministries and commissions issue orders, directives andregulations within the jurisdiction of their respective departments and inaccordance with the statutes and the administrative rules and regulations,decisions and orders issued by the State Council. Article 91. The State Councilestablishes an auditing body to supervise through auditing the revenue andexpenditure of all departments under the State Council and of the localgovernments at different levels,and those of the state financial and monetary organizations and of enterprisesand undertakings. Under the direction of the Premier of the State Council,theauditing body independently exercises its power to supervise through auditingin accordance with the law, subject to no interference by any otheradministrative organ or any public organization or individual. Article 92. The State Council isresponsible, and reports on its work, to theNational People's Congress or, when the National People's Congress is not insession, to its Standing Committee.
SECTION4. THE CENTRAL MILITARY COMMISSION Article 93. The Central MilitaryCommission of the People's Republic of China directs the armed forces of thecountry. The Central Military Commission iscomposed of the following: The Chairman; The Vice-Chairmen; and Members. TheChairman of the Central Military Commission has overall responsibility for thecommission. The term of office of the Central Military Commission is the sameas that of the National People's Congress. Article 94. The Chairman of theCentral Military Commission is responsible to the National People's Congressand its Standing Committee.
SECTION5. THE LOCAL PEOPLE'S CONGRESS AND THE LOCAL PEOPLE'S GOVERNMENTS AT DIFFERENTLEVELS Article 95. People's congresses andpeople's governments are established in provinces, municipalities directlyunder the Central Government,counties, cities, municipal districts, townships, nationality townships andtowns. The organization of local people's congresses and local people'sgovernments at different levels is prescribed by law. Organs of self-governmentare established in autonomous regions, autonomous prefectures and autonomous counties.The organization and working procedures of organs of self-government areprescribed by law in accordance with the basic principles laid down in SectionsV and VI of Chapter Three of the Constitution. Article 96. Local people'scongresses at different levels are local organs of state power. Local people's congresses at and above the county levelestablish standing committees. Article 97. Deputies to the people's congresses of provinces,municipalities directly under the Central Government, and cities divided intodistricts are elected by the people's congresses at the next lower level;deputies to the people'scongresses of counties, cities not divided intodistricts, municipal districts, townships, nationality townships and towns areelected directly by their constituencies. The number of deputies to localpeople's congresses at different levels and the manner of their election areprescribed by law. Article 98. The term of office ofthe people's congresses of provinces, municipalities directly under the CentralGovernment 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, nationalitytownships and towns is three years. Article 99. Local people'scongresses at different levels ensure the observance and implementation of theConstitution, the statutes and theadministrative rules and regulations in their respective administrative areas.Within the limits of their authority as prescribed by law, they adopt and issueresolutions and examine and decide on plans for local economic and culturaldevelopment and for development of public services. Local people's congressesat and above the county level examine and approve the plans for economic andsocial development and the budgets of their respective administrative areas,and examine and approve reports on their implementation. They have the power toalter or annul inappropriate decisions of their own standing committees. Thepeople's congresses of nationality townships may, within the limits of theirauthority as prescribed by law, take specific measures suited to thepeculiarities of the nationalities concerned. Article 100. The people's congresses of provinces and municipalitiesdirectly under the Central Government, and their standing committees, mayadopt local regulations, which must not contravene the Constitution, thestatutes and the administrative rules and regulations, and they shall reportsuch local regulations to the Standing Committee of the National People'sCongress for the record. Article 101. At their respective levels, local people's congresseselect, and have the power to recall, governors and deputy governors, or mayorsand deputy mayors, or heads and deputy heads of counties, districts, townshipsand towns. Local people's congresses at and above the county level elect,and have the power to recall, presidents of people's courts and chiefprocurators of people's procuratorates at the corresponding level. The electionor recall of chief procurators of people's procuratorates shall be reported tothe chief procurators of the people's procuratorates at the next higher levelfor submission to the standing committees of the people's congresses at thecorresponding level for approval. Article 102. Deputies to the people's congresses of provinces,municipalities, directly under the Central Government and cities divided intodistricts are subject to supervision by the units which elected them;deputies to the people's congresses of counties, cities not divided intodistricts, municipal districts, townships, nationality townships and towns aresubject to supervision by their constituencies. The electoral units and constituencieswhich elect deputies to local people's congresses at different levels have thepower, according to procedures prescribed by law, to recall deputies whom theyelected. Article 103. The standing committeeof a local people's congress at and above the county level is composed of achairman, vice-chairmen and members,and is responsible, and reports on its work, to the people's congress at thecorresponding level. The local people's congress at and above the county levelelects, and has the power to recall, anyone on the standing committee of thepeople's congress at the corresponding level. No one on the standing committeeof a local people's congress at and above the county level shall hold any postin state administrative, judicial and procuratorial organs. Article 104. The standing committee of a local people's congress atand above the county level discusses and decides on major issues in all fieldsof work in its administrative area; supervises the work of the people'sgovernment, people's court and people's procuratorate at the correspondinglevel; annuls inappropriate decisions and orders of the people's government atthe corresponding level; annuls inappropriate resolutions of the people'scongress at the next lower level; decides on the appointment and removal offunctionaries 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 leveland elects individual deputies to fill vacancies in that people's congress. Article 105. Local people'sgovernments at different levels are the executive bodies of local organs of state power as well as the local organs of stateadministration at the corresponding level. Local people's governments atdifferent 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 atdifferent levels is the same as that of the people's congresses at thecorresponding level. Article 107. Local people's governments at and above the countylevel, within the limits of their authority as prescribed by law, conduct theadministrative work concerning the economy, education, science, culture, publichealth, physical culture, urban and rural development, finance, civil affairs,public security, nationalities affairs, judicial administration, supervisionand family planning in their respective administrative areas; issuedecisions and orders; appoint, remove and train administrative functionaries,appraise their work and reward or punish them. People's governments oftownships, nationality townships and towns carry out the resolutions of thepeople's congress at the corresponding level as well as the decisions andorders of the state administrative organs at the next higher level and conductadministrative work in their respective administrative areas. People'sgovernments of provinces and municipalities directly under the CentralGovernment decide on the establishment and geographic division of townships,nationality townships and towns. Article 108. Local people'sgovernments at and above the county leveldirect the work of their subordinate departments and of people's governments atlower levels, and have the power to alter or annul inappropriate decisions oftheir subordinate departments and people's governments at lower levels. Article 109. Auditing bodies areestablished by local people's governmentsat and above the county level. Local auditing bodies at different levelsindependently exercise their power to supervise through auditing in accordancewith the law and are responsible to the people's government at thecorresponding level and to the auditing body at the next higher level. Article 110. Local people'sgovernments at different levels are responsible, and report on their work, topeople's congresses at the corresponding level. Local people's governments at and above the county levelare responsible, and report on their work, to the standing committee of thepeople's congress at the corresponding level when the congress is not insession. Local people's governments at different levels are responsible, andreport on their work, to the state administrative organs at the next higherlevel. Local people's governments at different levels throughout the countryare state administrative organs under the unified leadership of the StateCouncil and are subordinate to it. Article 111. The residents' committeesand villagers' committees established among urban and rural residents on thebasis of their place of residenceare mass organizations of self-management at the grass-roots level. Thechairman, vice-chairmen and members of each residents' or villagers' committeeare elected by the residents. The relationship between the residents' andvillagers' committees and the grass-roots organs of state power is prescribedby law. The residents' and villagers' committees establish committees forpeople's mediation, public security, public health and other matters in orderto manage public affairs and social services in their areas, mediate civildisputes, help maintain public order and convey residents' opinions and demandsand make suggestions to the people's government.
SECTION6. THE ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS AREAS Article 112. The organs ofself-government of national autonomous areasare the people's congresses and people's governments of autonomous regions,autonomous prefectures and autonomous counties. Article 113. In the people'scongress of an autonomous region,prefecture or county, in addition to the deputies of the nationality ornationalities exercising regional autonomy in the administrative area, theother nationalities inhabiting the area are also entitled to appropriaterepresentation. The chairmanship and vice- chairmenships of the standingcommittee of the people's congress of an autonomous region, prefecture orcounty shall include a citizen or citizens of the nationality or nationalitiesexercising regional autonomy in the area concerned. Article 114. The administrative headof an autonomous region, prefecture or county shall be a citizen of thenationality, or of one of the nationalities,exercising regional autonomy in the area concerned. Article 115. The organs ofself-government of autonomous regions, prefectures and counties exercise thefunctions and powers of local organs of state as specified in Section V ofChapter Three of the Constitution.At the same time, they exercise the right of autonomy within the limits oftheir authority as prescribed by the Constitution, the law of regional nationalautonomy and other laws, and implement the laws and policies of the state inthe light of the existing local situation. Article 116. People's congresses of national autonomous areas havethe power to enact autonomy regulations and specific regulations in the lightof the political, economic and cultural characteristics of the nationality ornationalities in the areas concerned. The autonomy regulations and specificregulations of autonomous regions shall be submitted to the Standing Committeeof the National People's Congress for approval before they go into effect.Those of autonomous prefectures and counties shall be submitted to the standingcommittees of the people's congresses of provinces or autonomous regions forapproval before they go into effect, and they shall be reported to the StandingCommittee of the National People's Congress for the record. Article 117. The organs ofself-government of the national autonomous areashave the power of autonomy in administering the finances of their areas. Allrevenues accruing to the national autonomous areas under the financial systemof the state shall be managed and used independently by the organs of self-government of those areas. Article 118. The organs ofself-government of the national autonomous areas independently arrange for andadminister local economic development under the guidance of state plans. In developing natural resources and building enterprisesin the national autonomous areas, the state shall give due consideration to theinterests of those areas. Article 119. The organs ofself-government of the national autonomous areas independently administereducational, scientific, cultural, public health and physical culture affairsin their respective areas, sort outand protect the cultural legacy of the nationalities and work for thedevelopment and prosperity of their cultures. Article 120. The organs ofself-government of the national autonomous areas may, in accordance with themilitary system of the state and concrete local needs and with the approval ofthe State Council, organize local public security forces for the maintenance ofpublic order. Article 121. In performing theirfunctions, the organs of self-government of the national autonomous areas, inaccordance with the autonomy regulations of the respective areas, employ the spoken and written language or languages incommon use in the locality. Article 122. The state givesfinancial, material and technical assistance to the minority nationalities toaccelerate their economic and cultural development. The state helps the national autonomous areas train largenumbers of cadres at different levels and specialized personnel and skilledworkers of different professions and trades from among the nationality ornationalities in those areas.
SECTION7. 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 organsof the state. Article 124. The People's Republicof China establishes the Supreme People's Court and the local people's courts at different levels, militarycourts and other special people's courts. The term of office of the Presidentof the Supreme People's Court is the same as that of the National People'sCongress; he shall serve no more than two consecutive terms. The organizationof people's courts is prescribed by law. Article 125. All cases handled bythe people's courts, except for those involving special circumstances asspecified 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 powerindependently and are not subject to interference by administrative organs,public organizations or individuals. Article 127. The Supreme People's Court is the highest judicialorgan. The Supreme People's Court supervises the administration of justiceby the local people's courts at different levels and by the special people'scourts; people's courts at higher levels supervise the administration ofjustice by those at lower levels. Article 128. The Supreme People'sCourt is responsible to the National People's Congress and its StandingCommittee. Local people's courts at differentlevels are responsible to the organs of state power which created them. Article 129. The people'sprocuratorates of the People's Republic of China are state organs for legalsupervision. Article 130. The People's Republicof 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 ofoffice of the Procurator-General of the Supreme People's Procuratorate is thesame as that of the National People's Congress; he shall serve no more than twoconsecutive terms. The organization of people's procuratorates is prescribed bylaw. Article 131. People's procuratoratesshall, in accordance with the law, exercise procuratorial power independentlyand are not subject to interference by administrative organs, publicorganizations or individuals. Article 132. The Supreme People'sProcuratorate is the highest procuratorial organ. The Supreme People's Procuratorate directs the work of thelocal people's procuratorates at different levels and of the special people'sprocuratorates; people's procuratorates at higher levels direct the work ofthose at lower levels. Article 133. The Supreme People's Procuratorate is responsible tothe National People's Congress and its Standing Committee. Local people'sprocuratorates at different levels are responsible to the organs of state powerat the corresponding levels which created them and to the people'sprocuratorates at the higher level. Article 134. Citizens of all nationalitieshave the right to use the spoken and written languages of their ownnationalities in court proceedings. The people's courts and people'sprocuratorates should provide translation for any party to the courtproceedings who is not familiar with the spoken or written languages in commonuse in the locality. In an area where people of a minority nationality live ina compact community or where a number of nationalities live together, hearingsshould 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 theirefforts and check each other to ensure correct and effective enforcement oflaw. CHAPTER IV. THE NATIONAL FLAG, THE NATIONALEMBLEM AND THE CAPITAL Article 136. The national flag of the People's Republic of China is ared flag with five stars. Article 137. The national emblem of the People's Republic of China isTian'anmen in the centre illuminated by five stars and encircled by ears ofgrain and a cogwheel. Article 138. The capital of the People's Republic of China is Beijing.
AMENDENTS TO THE CONSTITUTION AMENDMENTONE
(Approved on April 12, 1988, by the7th NPC at its 1st Session) 1. Article 11 of the Constitutionshall include a new paragraph which reads: "The State permits the privatesector 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 publiceconomy. The State protects the lawful rights and interests of the privatesector of the economy, and exercises guidance, supervision and control over theprivate sector of the economy." 2. The fourth paragraph of Article10 of the Constitution, which provides that "no organization or individualmay appropriate, buy, sell or lease land or otherwise engage in the transfer ofland by unlawful means," shall be amended as: "no organization or individualmay appropriate, buy, sell or otherwise engage in the transfer of land byunlawful means. The right to the use of land may be transferred according tolaw." AMENDMENTTWO
(Approved on March 29, 1993, by the8th NPC at its 1st Session) 3. The last two sentences of theseventh paragraph of the Preamble which reads "The basic task of thenation in the years to come is to concentrate its effort on socialistmodernization. Under the leadership of the Communist Party of China and theguidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of allnationalities will continue to adhere to the people's democratic dictatorshipand follow the socialist road, steadily improve socialist institutions, developsocialist democracy, improve the socialist legal system and work hard andself-reliantly to modernize industry, agriculture, national defense and scienceand technology step by step to turn China into a socialist country with a highlevel of culture and democracy," shall be amended as: "China is atthe primary stage of socialism. The basic task of the nation is, according tothe theory of building socialism with Chinese characteristics, to concentrateits effort on socialist modernization. Under the leadership of the CommunistParty of China and the guidance of Marxism-Leninism and Mao Zedong Thought, theChinese people of all nationalities will continue to adhere to the people'sdemocratic dictatorship and follow the socialist road, persevere in reform andopening to the outside, steadily improve socialist institutions, developsocialist democracy, improve the socialist legal system and work hard andself-reliantly to modernize industry, agriculture, national defense and scienceand technology step by step to turn China into a socialist country withprosperity and power, democracy and culture." 4. At the end of the tenth paragraphof the Preamble, add "The system of multi-party cooperation and politicalconsultation led by the Communist Party of China will exist and develop inChina for a long time to come." 5. article 7 which reads "TheState economy is the sector of socialist economy under ownership by the wholepeople; it is the leading force in the national economy. The State ensures the consolidationand growth of the State economy," shall be changed to: "TheState-owned economy, that is, the socialist economy under ownership by thewhole people, is the leading force in the national economy. The State ensuresthe consolidation and growth of the State-owned economy." 6. The first item of Article 8 whichreads "Rural people's communes, agricultural producers' cooperatives, andother forms of cooperative economy such as producers', supply and marketing,credit and consumers' cooperatives, belong to the sector of socialist economyunder collective ownership by the working people. Working people who aremembers of rural economic collectives have the right, within the limitsprescribed by law, to farm plots of cropland and hilly land allotted forprivate use, engage in household sideline production and raise privately-ownedlivestock," shall be amended as: "Rural household-based contractresponsibility system with remuneration linked to output, and other forms ofcooperative economy such as producers', supply and marketing, credit andconsumers' cooperatives, belong to the sector of socialist economy undercollective ownership by the working people. Working people who are members ofrural economic collectives have the right, within the limits prescribed by law,to farm plots of cropland and hilly land allotted for private use, engage inhousehold sideline production and raise privately-owned livestock." 7. Article 15 which reads "TheState practices economic planning on the basis of socialist public ownership.It ensures the proportionate and coordinated growth of the national economythrough overall balancing by economic planning and the supplementary role ofregulation by the market. Disturbance of the orderlyfunctioning of the social economy or disruption of the State economic plan byany organization or individual is prohibited," shall be changed to:"The state has put into practice a socialist market economy. The Statestrengthens formulating economic laws, improves macro adjustment and control andforbids according to law any units or individuals from interfering with thesocial economic order." 8. Article 16 which reads"State enterprises have decision-making power in operation and managementwithin the limits prescribed by law, on condition that they submit to unifiedleadership by the State and fulfil and their obligations under the State plan. State enterprises practicedemocratic management through congresses of workers and staff and in other waysin accordance with the law," shall be revised as: "Stated-ownedenterprises have decision-making power in operation and management within thelimits prescribed by law. State-owned enterprises practice democraticmanagement through congresses of workers and staff and in other ways inaccordance with the law." 9. Article 17 which reads"Collective economic organizations have decision-making power inconducting independent economic activities, on condition that they accept theguidance of the State plan and abide by the relevant laws. Collective economic organizationspractice democratic management in accordance with the law, with the entire bodyof their workers electing or removing their managerial personnel and decidingon major issues concerning operation and management", shall be amended as:"Collective economic organizations have decision-making power inconducting independent economic activities, on condition that they abide by therelevant laws. Collective economic organizations practice democraticmanagement, elect or remove their managerial personnel and decide on majorissue concerning operation and management according to law." 10. The their item of Article 42which reads "Work is the glorious duty of every able-bodied citizen. Allworking people in State enterprises and in urban and rural economic collectivesshould perform their tasks with an attitude consonant with their status asmasters of the country. The State promotes socialist labor emulation, andcommends and rewards model and advanced workers. The state encourages citizensto take part in voluntary labor," shall be amended as: "Work is theglorious duty of every able-bodied citizen. All working people in State-ownedenterprises and in urban and rural economic collectives should perform theirtasks with an attitude consonant with their status as masters of the country.The State promotes socialist labor emulation, and commends and rewards modeland advanced workers. The State encourages citizens to take part in voluntarylabor." 11. Article 98 which reads "Theterm of office of the people's congresses of provinces, municipalities directlyunder the Central Government and cities divided into districts is five years.The term of office of the people's congresses of countries, cities not dividedinto districts, municipal districts, townships, nationality townships and townsis three years," shall be revised as: "The term of office of thepeople's congresses of provinces, municipalities directly under the CentralGovernment, counties, cities and municipal districts is five years. The term ofoffice of the people's congresses of townships, nationality townships and townsis three years." AMENDMENTTHREE
(Approved on March 15, 1999, by the9th NPC at its 2nd Session) The original text of paragraph sevenin the Preamble of the Constitution is: "Both the victory of China'snew-democratic revolution and the successes of its socialist cause have beenachieved by the Chinese people of all nationalities under the leadership of theCommunist Party of China and the guidance of Marxism-Leninism and Mao ZedongThought, and by upholding truth, correcting errors and overcoming numerousdifficulties and hardships. China is currently in the primary stage ofsocialism. The basic task of the nation is to concentrate its effort onsocialist modernization in accordance with the theory of building socialismwith Chinese characteristics. Under the leadership of the Communist Party ofChina and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinesepeople of all nationalities will continue to adhere to the people's democraticdictatorship, follow the socialist road, persist in reform and opening-up,steadily improve socialist institutions, develop socialist democracy, improvethe socialist legal system and work hard and self-reliantly to modernize industry,agriculture, national defense and science and technology step by step to turnChina into a powerful and prosperous socialist country with a high level ofculture and democracy." It is revised into: "Both thevictory of China's new-democratic revolution and the successes of its socialistcause have been achieved by the Chinese people of all nationalities under theleadership of the Communist Party of China and the guidance of Marxism-Leninismand Mao Zedong Thought, and by upholding truth, correcting errors andovercoming numerous difficulties and hardships. China will stay in the primarystage of socialism for a long period of time. The basic task of the nation isto concentrate its efforts on socialist modernization by following the road ofbuilding socialism with Chinese characteristics. Under the leadership of theCommunist Party of China and the guidance of Marxism-Leninism, Mao ZedongThought and Deng Xiaoping Theory, the Chinese people of all nationalities willcontinue to adhere to the people's democratic dictatorship, follow thesocialist road, persist in reform and opening-up, steadily improve socialistinstitutions, develop a socialist market economy, advance socialist democracy,improve the socialist legal system and work hard and self-reliantly tomodernize industry, agriculture, national defense and science and technologystep by step to turn China into a powerful and prosperous socialist countrywith a high level of culture and democracy." One section is added to Article Fiveof the Constitution as the first section: "The People's Republic of Chinapractices ruling the country in accordance with the law and building asocialist country of law." The original text of Article Six ofthe Constitution is: "The basis of the socialist economic system of thePeople's Republic of China is socialist public ownership of the means ofproduction, namely, ownership by the whole people and collective ownership bythe working people." "The system of socialist public ownershipsupersedes the system of exploitation of man by man; it applies the principleof 'from each according to his ability, to each according to his work'." It is revised into:"The basisof the socialist economic system of the People's Republic of China is socialistpublic ownership of the means of production, namely, ownership by the wholepeople and collective ownership by the working people. The system of socialistpublic ownership supersedes the system of exploitation of man by man; itapplies the principle of 'from each according to his ability, to each accordingto his work'." "During the primary stage of socialism, the Stateadheres to the basic economic system with the public ownership remainingdominant and diverse sectors of the economy developing side by side, and to thedistribution system with the distribution according to work remaining dominantand the coexistence of a variety of modes of distribution." The original text of the firstsection in Article Eight of the Constitution is:"The rural household-basedoutput-related contracted responsibility system and other forms of thecooperative economy such as producers', supply and marketing, credit andconsumers' cooperatives belong to the sector of the socialist economy undercollective ownership by the working people. Working people who are members ofrural economic collectives have the right, within the limits prescribed by law,to farm plots of cropland and hilly land allotted for private use, engage inhousehold sideline production and raise privately owned livestock." It is revised into:"Ruralcollective economic organizations practice the double-tier management systemthat combines unified and separate operations on the basis of thehousehold-based output-related contracted responsibility system. Various formsof the cooperative economy in rural areas such as producers', supply andmarketing, credit and consumers' cooperatives belong to the sector of thesocialist economy under collective ownership by the working people. Working people who are members ofrural economic collectives have the right, within the limits prescribed by law,to farm plots of cropland and hilly land allotted for private use, engage inhousehold sideline production and raise privately owned livestock." The original text of Article 11 ofthe Constitution is: "The individual economy of urban and rural workingpeople, operating within the limits prescribed by law, is a complement to thesocialist public economy. The State protects the lawful rights and interests ofthe individual economy." "The State guides, helps and supervises theindividual economy by exercising administrative control." "The Statepermits the private economy to exist and develop within the limits prescribedby law. The private economy is a complement to the socialist public economy.The State protects the lawful rights and interests of the private economy, andguides, supervises and administers the private economy." It is revised into:"Individual, private and other non-public economies that exist within thelimits prescribed by law are major components of the socialist marketeconomy." "The State protects the lawful rights and interests ofindividual and private economies, and guides, supervises and administersindividual and private economies." The original text of Article 28 ofthe Constitution is: "The State maintains public order and suppressestreasonable and other counter-revolutionary activities; it penalizes actionsthat endanger public security and disrupt the socialist economy and othercriminal activities, and punishes and reforms criminals." It is revised into: "The Statemaintains public order and suppresses treasonable and other criminal activitiesthat endanger State security; it penalizes actions that endanger publicsecurity and disrupt the socialist economy and other criminal activities, andpunishes and reforms criminals.
AMENDMENTFOURTH
(Approved on March 14, 2004, by the10th NPC at its 2nd Session) 1 "... along the road ofbuilding socialism with Chinese characteristics..." and "...under theguidance of Marxism-Leninism, Mao Zedong Thought and Deng XiaopingTheory..." Revised to: "... along the roadof Chinese-style socialism..." and "...under the guidance ofMarxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the importantthought of 'Three Represents'..." 2 Seventh paragraph of the Preamble:After "... to modernize the industry, agriculture, national defence andscience and technology step by step..." Is added: "... promote theco-ordinated development of the material, political and spiritual civilizations..." 3 The second sentence of the 10thparagraph of the Preamble: "In the long years of revolution andconstruction, there has been formed under the leadership of the Communist Partyof China a broad patriotic united front that is composed of the democraticparties and people's organizations and embraces all socialist working people,all patriots who support socialism, and all patriots who stand for thereunification of the motherland. This united front will continue to beconsolidated and developed." After "... a broad patrioticunited front that is composed of the democratic parties and people'sorganizations and embraces all socialist working people..." is added"... all builders of socialism, ..." 4 Third paragraph of Article 10:"The State may, in the public interest, requisition land for its use inaccordance with the law." Revised to: "The State may, inthe public interest and in accordance with the provisions of law, expropriateor requisition land for its use and shall make compensation for the landexpropriated or requisitioned." 5 Second paragraph of Article11:"The State protects the lawful rights and interests of the individualand private sectors of the economy, and exercises guidance, supervision andcontrol over individual and the private sectors of the economy." Revised to: "The State protectsthe lawful rights and interests of the non-public sectors of the economy suchas the individual and private sectors of the economy. The State encourages,supports and guides the development of the non-public sectors of the economyand, in accordance with law, exercises supervision and control over thenon-public sectors of the economy." 6 Article 13: "The Stateprotects the right of citizens to own lawfully earned income, savings, housesand other lawful property." and "The State protects according to lawthe right of citizens to inherit private property." Revised to: "Citizens' lawfulprivate property is inviolable" and "The State, in accordance withlaw, protects the rights of citizens to private property and to itsinheritance" and "The State may, in the public interest and inaccordance with law, expropriate or requisition private property for its useand shall make compensation for the private property expropriated orrequisitioned." 7 Article 14 has a fourth paragraphadded: "The State establishes a sound social security system compatiblewith the level of economic development." 8 Article 33 has a third paragraphadded: "The State respects and preserves human rights." 9 The first paragraph of Article 59is revised to: "The National People's Congress is composed of deputieselected from the provinces, autonomous regions and municipalities directlyunder the Central Government and of deputies elected from the armed forces. Allthe minority nationalities are entitled to appropriate representation." Revised to: "The NationalPeople's Congress is composed of deputies elected from the provinces,autonomous regions, municipalities directly under the Central Government, andthe special administrative regions, and of deputies elected from the armedforces. All the minority nationalities are entitled to appropriaterepresentation." 10 On "State of Emergency" Subparagraph 20 of Article 67:"... to decide on the imposition of martial law throughout the country orin particular provinces, autonomous regions, or municipalities directly underthe Central Government." Revised to: "... to decide onentering the state of emergency throughout the country or in particularprovinces, autonomous regions, or municipalities directly under the CentralGovernment." Article 80: "The President ofthe People's Republic of China ... proclaims martial law, ..." Revised to: "... proclaimsentering of the state of emergency, ..." Subparagraph 16 of Article 89:"... to decide on the imposition of martial law in parts of provinces,autonomous regions and municipalities directly under the CentralGovernment..." Revised to: "... in accordancewith the provisions of law, to decide on entering the state of emergency inparts of provinces, autonomous regions, and municipalities directly under theCentral Government..." 11 Article 81: "The Presidentof the People's Republic of China receives foreign diplomatic representativeson behalf of the People's Republic of China." Revised to: "The President ofthe People's Republic of China, on behalf of the People's Republic of China,engages in activities involving State affairs and receives foreign diplomaticrepresentatives." 12 Article 98: "The term ofoffice of people's congresses of provinces, municipalities directly under theCentral Government, counties, cities and municipal districts is five years. Theterm of office of the people's congresses of townships, nationality townshipsand towns is three years." Revised to: "The term of officeof the local people's congresses at various levels is five years." 13 Provision on the National Anthem: Title of Chapter IV: "TheNational Flag, the National Emblem and the Capital" Revised to: "The National Flag,the National Anthem, the National Emblem and the Capital" Article 136 has a second paragraphadded: "The National Anthem of the People's Republic of China is the Marchof the Volunteers." (Updated on March 22, 2004) | 
Post time 9-18-2011 14:05