CONSTITUTION
OF THE
PEOPLE'S REPUBLIC
OF
CHINA
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Constitution
of the
People's Republic
of
China
[Adopted at the Fifth Session of the
Fifth
National People’s Congress
and Promulgated for Implementation by
the Proclamation of the
National People’s Congress on December
4, 1982.
Amendments were Introduced in 1988 and
1993]
1988
Amendments to the Constitution
1993
Amendments to the Constitution
PREAMBLE
China is a country with
one of the longest histories in the world. The people of all of China's
nationalities have jointly created a culture of grandeur and have a
glorious
revolutionary tradition.
After 1840, feudal China
was gradually turned into a semi-colonial and semi-feudal country. The
Chinese people waged many successive heroic struggles for national
independence
and liberation and for democracy and freedom.
Great and earthshaking 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 historic mission of the Chinese people to
overthrow
imperialism and feudalism remained unaccomplished.
After waging protracted and
arduous struggles, armed and otherwise, along a zigzag course, 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 a great victory in the
New-Democratic
Revolution and founded the People's Republic of China. Since then the
Chinese
people have taken control of state power and become masters of the
country.
After founding the People's
Republic, China gradually achieved its transition from a New-Democratic
to a socialist society. The socialist transformation of the private
ownership
of the means of production has been completed, the system of
exploitation
of man by man abolished and the socialist system established. The
people's
democratic dictatorship held 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 defeated imperialist and hegemonist
aggression,
sabotage and armed provocations and have thereby safeguarded China's
national
independence and security and strengthened its national defense. Major
successes have been achieved in economic development. An independent
and
relatively comprehensive socialist system of industry has basically
been
established. There has been a marked increase in agricultural
production.
Significant advances have been made in educational, scientific and
cultural
undertakings, while education in socialist ideology has produced
noteworthy
results. The life of the people has improved considerably.
Both the victory in China's
New-Democratic Revolution and the successes in 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 and
Leninism
and Mao Zedong Thought, by upholding truth, correcting errors and
surmounting
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 the
socialist road, steadily improve socialist institutions, develop
socialist
democracy, improve the socialist legal system, and work hard and
self-reliantly
to modernize the country's 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 abolished in our country. However, class struggle will
continue
to exist within certain bounds 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 inviolable duty
of all Chinese people, including our compatriots in Taiwan, to
accomplish
the great task of reunifying the motherland.
In building socialism it
is essential to rely on workers, peasants and intellectuals and to
unite
all 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 which is composed of the democratic
parties
and people's organizations and which embraces all socialist working
people,
all patriots who support socialism and all patriots who stand for the
reunification
of the motherland. This united front will continue to be consolidated
and
developed. The Chinese People's Political Consultative Conference, a
broadly
based representative organization of the united front which has played
a significant historical role, will play a still more important role in
the country's political and social life, in promoting friendship with
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 created jointly by the people
of
all its nationalities. Socialist relations of equality, unity and
mutual
assistance have been established among the nationalities 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 to combat local national chauvinism. The state will do its utmost
to
promote the common prosperity of all the nationalities.
China's achievements in revolution
and construction are inseparable from the support of the people of the
world. The future of China is closely linked to the future of the
world.
China consistently carries out an independent foreign policy and
adheres
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 people of other countries, supports the
oppressed
nations and the developing countries in their just struggle to win and
preserve national independence and develop national economies, and
strives
to safeguard world peace and promote the cause of human progress.
This Constitution, in legal
form, affirms the achievements of the struggles of the Chinese people
of
all nationalities and defines the basic system and basic tasks of the
state;
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
institutions
in the country must take the Constitution as the basic standard of
conduct,
and they have the duty to uphold the dignity of the Constitution and
ensure
its implementation.
CHAPTER ONE
GENERAL PRINCIPLES
Article 1
The People's Republic of
China is a socialist state under the people's democratic dictatorship
led
by the working class and based on the alliance of workers and peasants.
The socialist system is the
basic system of the People's Republic of China. Disruption of the
socialist
state by any organization or individual is prohibited.
Article 2
All power in the People's
Republic of China belongs to the people.
The National People's Congress
and the local people's congresses at various levels are the organs
through
which the people exercise state power.
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 various levels are constituted
through
democratic elections. 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 by which they are supervised.
The divisions of functions
and powers between the central and local state organs is guided by the
principle of giving full scope 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 a
relationship of equality, unity and mutual assistance among all of
China's
nationalities. Discrimination against and oppression of any nationality
are prohibited; any act which undermines the unity of the nationalities
or instigates division is prohibited.
The state assists areas inhabited
by minority nationalities accelerating their economic and cultural
development
according to the characteristics and needs of the various minority
nationalities.
Regional autonomy is practiced
in areas where people of minority nationalities live in concentrated
communities;
in these areas organs of self-government are established to exercise
the
power of autonomy. All national autonomous areas are integral parts of
the People's Republic of China.
All nationalities have the
freedom to use and develop their own spoken and written languages and
to
preserve or reform their own folkways and customs.
Article 5
The state upholds the
uniformity
and dignity of the socialist legal system.
No laws or administrative
or local rules and regulations may contravene the Constitution.
All state organs, the armed
forces, all political parties and public organizations and all
enterprises
and institutions 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
is privileged to be beyond the Constitution or 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.
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 sate economy.
Article 8
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
working people. Working people who are members of rural economic
collectives
have the right, within limits prescribed by law, to farm plots of
cropland
and hilly land allotted to their private use, engage in household
sideline
production and raise privately owned livestock.
The various forms of cooperative
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
All mineral resources,
waters,
forests, mountains, grasslands, unreclaimed land, beaches, and other
natural
resources are owned by the state, that is, by the whole people, with
the
exception of the forest, mountains, grasslands and 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.
Appropriation
or damaging natural resources by any organization or individual by
whatever
means is prohibited.
Article 10
Land in cities is owned
by the state.
Land in the rural and suburban
areas is owned by collectives except for those portions which belong to
the state in accordance with the law; house sites and privately farmed
plots of cropland and hilly land are also owned by collectives.
The state may, in the public
interest, requisition land for its use in accordance with the law.
No organization or individual
may appropriate, buy, sell or lease land or otherwise engage in the
transfer
of land by unlawful means.
All organizations and individuals
using land must ensure its rational use.
Article 11
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, assists
and supervises the individual economy by administrative control.
Article 12
Socialist public property
is inviolable.
The state protects socialist
property. Appropriation or damaging 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 according
to law the right of citizens to inherit private property.
Article 14
The state continuously
raises
labor 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 the organization of work.
The state practices strict
economy and combats waste.
The state properly apportions
accumulation and consumption, concerns itself with 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
planned
economy 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 socioeconomic
order or disruption of the state economic plan by an organization or
individual
is prohibited.
Article 16
State enterprises have
decision-making
power with regard to operation and management within the limits
prescribed
by law, on condition that they submit to unified leadership by the
state
and fulfill 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. The entire
body
of their workers elects or removes their managerial personnel and
decides
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 cooperation with Chinese enterprises and other
Chinese
economic organizations in accordance with the law of the People's
Republic
of China.
All foreign enterprises,
other foreign economic organizations as well as Chinese-foreign joint
ventures
within Chinese territory shall abide by the law of the People's
Republic
of China.
Article 19
The state undertakes the
development of socialist education and works to raise the scientific
and
cultural level of the whole nation.
The state establishes and
administers schools of various types, universalizes compulsory primary
education and promotes secondary, vocational and higher education as
well
as pre-school education.
The state develops educational
facilities in order to eliminate illiteracy and provide political,
scientific,
technical and professional education as well as general education for
workers,
peasants, state functionaries and other working people. It encourages
people
to become educated through independent study.
The state encourages the
collective economic organizations, state enterprises and institutions
and
other sectors of society to establish educational institutions of
various
types in accordance with the law.
Article 20
The state promotes the
development
of natural and social sciences, disseminates knowledge of science and
technology,
and commends and rewards achievements in scientific research as well as
technological innovations 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 institutions
and
neighborhood organizations, and promotes health and sanitation
activities
of a mass character, all for the protection of the people's health.
The state develops physical
culture and promotes mass sports activities to improve the people's
physical
fitness.
Article 22
The state promotes the
development
of art and literature, the press, radio and television broadcasting,
publishing
and distribution services, libraries, museums, cultural centers and
other
cultural undertakings that serve the people and socialism, and it
sponsors
mass cultural activities.
The state protects sites
of scenic and historical interest, valuable cultural monuments and
relics
and other significant items of China's historical and cultural heritage.
Article 23
The state trains
specialized
personnel in all fields who serve socialism, expands the ranks of
intellectuals
and creates conditions to give full scope to their role in socialist
modernization.
Article 24
The state strengthens the
building of a socialist society with an advanced culture and ideology
by
promoting education in high ideals, ethics, general knowledge,
discipline
and legality, and by promoting the formulation and observance of rules
of conduct and common pledges by various sections of the people in
urban
and rural areas.
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 environment in which people live and the ecological environment. It
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
performance in order constantly to improve the quality of work and
efficiency
and combat bureaucratism.
Article 28
The state maintains public
order and suppresses treasonable and other counter-revolutionary
activities;
it penalizes criminal activities that endanger public security and
disrupt
the socialist economy as well as other criminal activities; and it
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 labor, participate in national reconstruction and do
their best to serve the people.
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 light of specific conditions.
Article 32
The People's Republic of
China protects the lawful rights and interests of foreigners within
Chinese
territory; foreigners on Chinese territory must abide by the laws of
the
People's Republic of China.
The People's Republic of
China may grant asylum to foreigners who request it for political
reasons.
CHAPTER TWO
THE FUNDAMENTAL
RIGHTS
AND DUTIES OF 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 is entitled
to 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 ethnic status, 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 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
Freedom of the person of
citizens of the People's Republic of China is inviolable.
No citizens may be arrested
except with the approval or by decision of a people's procuratorate or
by decision of a people's court, and arrests must be made by a public
security
organ.
Unlawful detention or deprivation
or restriction of citizens' freedom of the person by 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 accusation or false incrimination directed against citizens by
any
means is prohibited.
Article 39
The residences of citizens
of the People's Republic of China are inviolable. Unlawful search of,
or
intrusion into, a citizen's residence is prohibited.
Article 40
Freedom and privacy of
correspondence
of citizens of the People's Republic of China are protected by law. No
organization or individual may, on any ground, infringe on citizens'
freedom
of privacy of correspondence, except in cases where to meet the needs
of
state security or of criminal investigation, 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
regarding
any state organ or functionary. Citizens have the right to make to
relevant
state organs complaints or charges against, or exposures of, any state
organ or functionary for violation of the law or dereliction of duty,
but
fabrication or distortion of facts for purposes of libel or false
incrimination
is prohibited.
The state organ concerned
must deal with complaints, charges or exposures made by citizens in a
responsible
manner after ascertaining the facts. No one may suppress such
complaints,
charges and exposures or retaliate against the citizens making them.
Citizens who have suffered
losses as a result of infringement of their civic rights by any state
organ
or functionary have the right to compensation in accordance with the
law.
Article 42
Citizens of the People's
Republic of China have the right as well as the duty to work.
Through various channels,
the state creates conditions for employment, enhances occupational
safety
and health, improves working conditions and, on the basis of expanded
production,
increases remuneration for work and welfare benefits.
Work is a matter of honor
for every citizen who is able to work. All working people in state
enterprises
and in urban and rural economic collectives, should approach their work
as the masters of the country that they are. The state promotes
socialist
labor emulation, and commends and rewards model and advanced workers.
The
state encourages citizens to take part in voluntary labor.
The state provides necessary
vocational training for 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 the rest and recuperation of the working people and prescribes
working
hours and vacations for workers and staff.
Article 44
The state applies the
system
of retirement for workers and staff of enterprises and institutions and
for functionaries of organs of state according to law. The livelihood
of
retried 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
social
insurance, social relief and medical and health services that are
required
for citizens to enjoy this right.
The state and society ensure
the livelihood of disabled members of the armed forces, provides
pensions
to the families of martyrs and gives preferential treatment to the
families
of military personnel.
The state and society help
make arrangements for the work, livelihood and education of the blind,
deaf-mutes and other handicapped citizens.
Article 46
Citizens of the People's
Republic of China have the right as well as the duty to receive
education.
The state promotes the all-round
development of children and young people, morally, intellectually and
physically.
Article 47
Citizens of the People's
Republic of China have freedom to engage in scientific research,
literary
and artistic creation and other cultural pursuits. The state encourages
and assists creative endeavors conducive to the interests of the people
that are made by citizens engaged in education, science, technology,
literature,
art and other cultural work.
Article 48
Women in the People's
Republic
of China enjoy equal rights with men in all spheres of life, in
political,
economic, cultural, social and family life.
The state protects the rights
and interests of women, applies the principle of equal pay for equal
work
to 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 children who are minors, 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
Citizens of the People's
Republic of China, in exercising their freedoms and rights, may not
infringe
upon the interests of the state, of society or 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 unification 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, observe labor discipline and public
order
and respect social ethics.
Article 54
In is the duty of citizens
of the People's Republic of China to safeguard the security, honor and
interests of the motherland; they must not commit acts detrimental to
the
security, honor and interests of the motherland.
Article 55
It is the sacred duty of
every citizen of the People's Republic of China to defend the
motherland
and resist aggression.
It is the honorable duty
of citizens of the People's Republic of China to perform military
service
and join the militia in accordance with the law.
Article 56
It is the duty of citizens
of the People's Republic of China to pay taxes in accordance with the
law.
CHAPTER THREE
THE STRUCTURE OF
THE
STATE
SECTION I
THE NATIONAL
PEOPLE'S
CONGRESS
Article 57
The National People's
Congress
of the People's Republic of China is the highest organ of state power.
Its permanent body is the Standing Committee of the National People's
Congress.
Article 58
The National People's
Congress
and its Standing Committee exercise the legislative power of the state.
Article 59
The National People's
Congress
is composed of deputies elected from the provinces, autonomous regions
and municipalities directly under the Central Government and of
deputies
elected from the armed forces. All minority nationalities are entitled
to appropriate representation.
Election of deputies to the
National People's Congress is conducted by the Standing Committee of
the
National People's Congress.
The number of deputies to
the National People's Congress and the procedure of their election are
prescribed by law.
Article 60
The National People's
Congress
is elected for a term of five years.
The Standing Committee of
the National People's Congress must ensure the completion of election
of
deputies to the succeeding National People's Congress two months prior
to the expiration of the term of office of the current National
People's
Congress. Should extraordinary circumstances prevent such an election,
it may be postponed and the term of office of the current National
People's
Congress extended by the decision of a vote of more than two-thirds of
all those on the Standing Committee of the current National People's
Congress.
The election of deputies to the succeeding National People's Congress
must
be completed within one year after the termination of such
extraordinary
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 it 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
laws governing criminal offenses, civil affairs, the state organs and
other
matters;
(4) to elect the
President
and the Vice President of the People's Republic of China;
(5) to decide on the
choice
of the Premier of the State Council upon nomination by the President of
the People's Republic of China, and on the choice of the Vice Premiers,
State Councilors, Ministers in charge of ministries or commissions, the
Auditor General and the Secretary General of the State Council upon
nomination
by the Premier;
(6) to elect the
Chairman
of the Central Military Commission and, upon, nomination by the
Chairman,
to decide on the choice of all 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 report on
its implementation;
(10) to examine and
approve
the state budget and the report on its implementation;
(11) to alter or
annul inappropriate
decisions of the Standing Committee of the National People's Congress;
(12) to approve the
establishment
of provinces, autonomous regions, and municipalities directly under the
Central Government;
(13) to decide on the
establishment
of special administrative regions and the systems to be instituted
there;
(14) to decide on
questions
of war and peace; and
(15) to exercise such
other
functions and powers as the highest organ of state power should
exercise.
Article 63
The National People's
Congress
has the power to remove from office the following persons:
(1) the President and
Vice
President of the People's Republic of China;
(2) the Premier, Vice
Premiers,
State Councilors, Ministers in charge of ministries or commissions, the
Auditor General and the Secretary General of the State Council;
(3) the Chairman of
the Central
Military Commission and other members of 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 of the National People's
Congress
and adopted by a vote of more than two-thirds of all the deputies to
the
Congress.
Laws and resolutions are
to be adopted by a majority vote of all deputies to the National
People's
Congress.
Article 65
The Standing Committee of
the National People's Congress is composed of the following:
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, members of its Standing Committee.
No one on the Standing Committee
of the National People's Congress shall hold office 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 of the
National
People's Congress; it shall exercise its functions and powers until a
new
Standing Committee is elected by the succeeding National People's
Congress.
The Chairman and Vice Chairman
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 laws,
with the exception of those which should be enacted by the National
People's
Congress;
(3) to partially
supplement
and amend, when the National People's Congress is not in session, laws
enacted by the National People's Congress provided that the basic
principles
of those laws are not contravened;
(4) to interpret laws;
(5) to review and
approve,
when the National People's Congress is not in session, partial
adjustments
to the plan for national economic and social development or to the
state
budget that prove necessary in the course of their implementation;
(6) to supervise the
work
of the State Council, the Central Military Commission, the Supreme
People's
Court and the Supreme People's Procuratorate;
(7) to annul those
administrative
rules and regulations, decisions or orders of the State Council that
contravene
the Constitution or the law;
(8) to annual 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 law 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, the Auditor General or 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
other
members of the Commission, when the National People's Congress is not
in
session;
(11) to appoint or
remove,
at the recommendation of the President of the Supreme People's Court,
the
Vice Presidents and Judges of the Supreme People's Court, members of
its
Judicial Committee and the President of the Military Court;
(12) to appoint or
remove,
at the recommendation of the Procurator General of the Supreme People's
Procuratorate, 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, and to approve the
appointment
or 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
or recall of plenipotentiary representatives abroad;
(14) to decide on the
ratification
or 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 honor 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
the
state of war in the event or 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
imposition
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 directs the work of the
Standing
Committee and convenes its meeting. The Vice Chairmen and the
Secretary-General
assist the Chairman in his work.
The Chairman, the Vice Chairmen
and the Secretary-General constitute the Council of Chairmen which
handles
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 is 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, when they deem necessary, appoint
committees
of inquiry into special questions and adopt relevant resolutions in the
light of their reports.
All organs of state, public
organizations and citizens concerned are obliged to furnish when
necessary
information to the committees of inquiry when they conduct
investigations.
Article 72
Deputies to the National
People's Congress and members of its Standing Committee have the right,
in accordance with the 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 and members of its Standing Committee have the right,
during the sessions of Congress and the meetings of the Committee, 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 held legally liable 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, in public activities, production
and other work, assist in enforcement of the Constitution and the law.
Deputies to the National
People's Congress should maintain close contact with the unites which
elected
them and with the people, heed and convey the opinions and demands of
the
people and work hard to serve them.
Article 77
Deputies to the National
People's Congress are subject to supervision by the units which elected
them. The electoral units have the power, through procedures prescribed
by law, to recall deputies they elected.
Article 78
The organization and
working
procedures of the National People's Congress and its Standing Committee
are prescribed by law.
SECTION II
THE PRESIDENT
OF THE
PEOPLE'S REPUBLIC
OF
CHINA
Article 79
The President and the Vice
President of the People's Republic of China are elected by the National
People's Congress.
Citizens of the People's
Republic of China who have the right to vote and to stand for election
and who have reached the age of 45 are eligible for election as
President
or National People's Congress ice 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 the decisions of the National
People's
Congress and its Standing Committee, promulgates statutes, appoints or
removes the Premier, Vice Premiers, State Councilors, Ministers in
charge
of ministries or commissions, the Auditor-General and the
Secretary-General
of the State Council, confers state medals and titles of honor; 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 the decisions of
the Standing Committee of the National People's Congress, appoints or
recalls
plenipotentiary representatives abroad, and ratifies or 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 functions and powers of
the
President and the President may entrust to him.
Article 83
The President and the 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 the event that the
office
of the President of the People's Republic of China falls vacant, the
Vice
President of the People's Republic of China succeeds to the office of
President.
In the event the office of
the Vice President of the People's Republic of China falls vacant, the
National People's Congress shall elect a new Vice President to fill the
vacancy.
In the event that the offices
of both the President and the Vice President of the People's Republic
of
China fall vacant, the National People's Congress shall elect a new
President
and a new Vice President. Prior to such election, the Chairman of the
Standing
Committee of the National People's Congress shall temporarily act as
the
President of the People's Republic of China.
SECTION III
THE STATE COUNCIL
Article 85
The State Council, that
is, the Central People's Government, of the People's Republic of China
is the executive body of the highest organ of state power; it is the
highest
organ of the state administration.
Article 86
The State Council is
composed
of the following:
the Premier;
the Vice Premiers;
the State Councilors;
the Ministers in
charge of
ministries;
the Ministers in
charge of
commissions;
the Auditor General;
and
the Secretary General.
The Premier assumes overall
responsibility for the work of the State Council. The Ministers assume
overall responsibility for the work of the ministries and commissions.
The organization of the State
Council is prescribed by law.
Article 87
The term of office of the
State Council is the same as that of the National People's Congress.
Article 88
The Premier directs the
work of the State Council. The Vice Premiers and State Councilors
assist
the Premier in his work.
Executive meetings of the
State Council are to be attended by the Premier, the Vice Premiers, the
State Councilors and the Secretary General 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 law;
(2) to submit
proposals to
the National People's Congress or its Standing Committee;
(3) to formulate 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 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 various levels
throughout the country, and to formulate 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 of the state
budget;
(6) to direct and
administer
economic affairs and urban and rural development;
(7) to direct and
administer
the affairs of education, science, culture, public health, physical
culture
and family planning;
(8) to direct and
administer
civil affairs, public security, judicial administration, supervision
and
other related matters;
(9) to conduct
foreign affairs
and conclude treaties and agreements with foreign states;
(10) to direct and
administer
the building of national defense;
(11) to direct and
administer
affairs concerning the nationalities and to safeguard the equal rights
of minority nationalities and the right to 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
various 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
imposition
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 or remove administrative officials, train them, appraise their
performance 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 to it.
Article 90
Ministers in charge of the
ministries or commissions of the State Council are responsible for the
work of their respective departments and they convene and preside over
ministerial meetings for general and executive meetings of the
commissions
to discuss and decide major issues in the work of their respective
departments.
The ministries and commissions
issues orders, directives and regulations within the jurisdiction of
their
respective departments in accordance with the law 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 various levels, and the revenue and expenditure of all financial and
monetary organizations, enterprises and institutions of the state.
Under the direction of the
Premier of the State Council, the auditing body independently exercises
its power of supervision through auditing in accordance with the law,
subject
to no interference by any other administrative organ of any public
organization
or individual.
Article 92
The State Council is
responsible
and reports on its work to the National People's Congress, or when the
National People's Congress is not in session, to its Standing Committee.
SECTION IV
THE CENTRAL
MILITARY
COMMISSION
Article 93
The Central Military
Commission
of the People's Republic of China directs the armed forces of the
country.
The Central Military Commission
is composed of the following:
the Chairman;
the Vice Chairmen; and
the members.
The Chairman assumes overall
responsibility for the work of the Central Military Commission.
The term of office of the
Central Military Commission is the same as that of the National
People's
Congress.
Article 94
The Chairman of the
Central
Military Commission is responsible to the National People's Congress
and
its Standing Committee.
SECTION V
THE LOCAL PEOPLE'S
CONGRESSES
AND LOCAL PEOPLE'S
GOVERNMENTS
AT VARIOUS LEVELS
Article 95
People's congresses and
people's governments are established in provinces, municipalities
directly
under the Central Government, counties, cities, municipal districts,
townships,
nationality townships, and towns.
The organization of local
people's congresses and local people's governments at various levels is
prescribed by law.
Organs of self-government
are established in autonomous regions, autonomous prefectures and
autonomous
counties. The organization and working procedures of organs of
self-government
are prescribed by law in accordance with the basic principles laid down
in Sections V and VI of Chapter Three of the Constitution.
Article 96
Local people's congresses
at various levels are local organs of state power.
Local people's congresses
at and above the county level establish standing committees.
Article 97
Deputies to the people's
congresses of provinces, municipalities directly under the Central
Government
and cities divided into districts are elected by the people's
congresses
at the next lower level; deputies to the people's congresses of
counties,
cities not divided into districts, municipal districts, townships,
nationality
townships, and towns are elected directly by their constituencies.
The number of deputies to
local people's congresses at various levels and the manner of their
election
are prescribed by law.
Article 98
The term of office of the
people's congresses of provinces, municipalities directly under the
Central
Government and cities divided into districts is five years. The term of
office of the people's congresses of counties, cities not divided into
districts, municipal districts, townships, nationality townships, and
towns
is three years.
Article 99
Local people's congresses
at various levels ensure the observance and implementation of the
Constitution
and the law 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 regulations and examine and decide on
plans
for local economic and cultural development and for the development of
public services.
Local people's congresses
at and above the county level shall examine and approve the plans for
economic
and social development and the budgets of their respective
administrative
areas and examine and approve the reports on their implementation. They
have the power to alter or annual 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 characteristics 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 and the law and 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
Local people's congresses
and their respective levels elect and have the power to recall
governors
and deputy governors, or mayors and deputy mayors, or heads 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 pocurators of people's procuratorates at
the
corresponding level. The election or recall of chief procurators of
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 various levels
have
the power to recall the deputies according to procedures prescribed by
law.
Article 1033
The standing committee of
the 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.
A local people's congress
at or above the county level elects, and has the power to recall,
members
of its standing committee.
No one on the standing committee
of a local people's congress at or above the county level shall hold
office
in state administrative, judicial and procuratorial organs.
Article 1044
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 or removal of functionaries of state organs within the
limits of its authority as prescribed by law; and, when the people's
congress
at the corresponding level is not in session, recalls individual
deputies
to the people's congress at the next higher level and elects individual
deputies to fill vacancies in that people's congress.
Article 105
Local people's governments
at various levels are the executive bodies of local organs of state
power
as well as the local organs of state administration at the
corresponding
levels.
Governors, mayors and heads
of counties, districts, townships and towns assume overall
responsibility
for local people's governments at various levels.
Article 106
The term of office of
local
people's governments at various levels is the same as that of the
people's
congresses at the corresponding levels.
Article 107
Local people's governments
at and above the county level, within the limits of their authority as
prescribed by law, conduct 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 or
remove administrative functionaries, train them, appraise their
performance
and reward or punish them.
People's governments of townships,
nationality townships, and towns execute 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.
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
of
people's governments at lower levels.
Article 109
Auditing bodies are
established
by local people's governments at and above the county level. Local
auditing
bodies at various levels independently exercise their power of
supervision
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 various levels are responsible and report on their work to the state
administrative organs at the next higher level. Local people's
governments
at various levels throughout the country are state administrative
organs
under the unified leadership of the State Council and are subordinate
to
it.
Article 111
The residents' committees
and villagers' committees established among urban and rural residents
on
the basis of their place of residence are mass organizations of
self-management
at the grass roots level. The chairman, vice chairmen and members of
each
residents' or villagers' committee are elected by the residents. The
relationship
between the residents' and villagers' committees and the grass roots
organs
of state power is prescribed by law.
The residents' and villagers'
committees establish committees for people's mediation, public
security,
public health and other matters in order to manage public affairs and
social
services in their areas, mediate civil disputes, help maintain public
order
and convey residents' opinions and demands and make suggestions to the
people's government.
SECTION VI
THE ORGANS OF
SELF-GOVERNMENT
OF NATIONAL AUTONOMOUS AREAS
Article 112
The organs of
self-government
of national autonomous areas are the people's congresses and the
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 exercising regional autonomy in the administrative
area,
the other nationalities inhabiting the area are also entitled to
appropriate
representation.
Among the chairman and vice
chairmen of the standing committee of the people's congress of an
autonomous
region, prefecture or county there shall be one or more citizens of the
nationality or nationalities exercising regional autonomy in the area
concerned.
Article 114
The chairman of an
autonomous
region, the prefect of an autonomous prefecture or the head of an
autonomous
county shall be a citizen of the nationality exercising regional
autonomy
in the area concerned.
Article 115
The organs of
self-government
of autonomous regions, prefectures and counties exercise the functions
and powers of local organs of state as specified in Section V of
Chapter
Three of the Constitution. At the same time, they exercise the power of
autonomy within the limits of their authority as prescribed by the
Constitution,
the Law of the People's Republic of China on 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
The people's congresses
of the national autonomous areas have the power to enact regulations on
the exercise of autonomy and other separate regulations in the light of
the political, economic and cultural characteristics of the nationality
or nationalities in the areas concerned. The regulations on the
exercise
of autonomy and other separate 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 of autonomous regions for approval before they
go into effect, and they shall be reported to the Standing Committee of
the National People's Congress for the record.
Article 117
The organs of
self-government
of the national autonomous areas have the power of autonomy in
administering
the finances of their areas. All revenues accruing to the national
autonomous
areas under the financial system of the state shall be managed and used
by the organs of self-government of those areas on their own.
Article 118
The organs of
self-government
of the national autonomous areas independently arrange for and
administer
local economic development under the guidance of the state plans.
In exploiting natural resources
and building enterprises in the national autonomous areas, the state
shall
give due consideration to the interests of those areas.
Article 119
The organs of
self-government
of the national autonomous areas independently administer educational,
scientific, cultural, public health and physical culture affairs in
their
respective areas, protect and sift through the cultural heritage of the
nationalities and work for a vigorous development 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 practical local needs and with the approval of the
State
Council, organize local public security forces for the maintenance of
public
order.
Article 122
The state provides
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 various levels and
specialized
personnel and skilled workers of various profession and trades from
among
the nationality or nationalities in those areas.
SECTION VII
THE PEOPLE'S COURTS
AND THE PEOPLE'S
PROCURATORATES
Article 123
The people's courts of 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 people's courts at
various local levels, military courts and other special people's courts.
The term of office of the
President of the Supreme People's Court is the same as that of the
National
People's Congress. The President shall serve no more than two
consecutive
terms.
The organization of the people's
courts is prescribed by law.
Article 125
Except in special
circumstances
as specified by law, all cases in the people's courts are heard in
public.
The accused has the right to defense.
Article 126
The people's courts
exercise
judicial power independently, in accordance with the provisions of the
law, and are not subject to interference by any administrative organ,
public
organization or individual.
Article 127
The Supreme People's Court
is the highest judicial organ.
The Supreme People's Court
supervises the administration of justice by the people's courts at
various
local 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 various levels are responsible to the organs
of
the state power which created them.
Article 129
The people's
procuratorates
of the People's Republic of China are state organs for legal
supervision.
Article 130
The People's Republic of
China establishes the Supreme People's Procuratorate and the people's
procuratorates
at various levels, military procuratortates and other special people's
procuratorates.
The term of office of the
Procurator General of the Supreme People's Procuratorate is the same as
that of the National People's Congress; the Procurator General shall
serve
no more than two consecutive terms.
The organization of the people's
procuratorates is prescribed by law.
Article 131
The people's
procuratorates
exercise procuratorial power independently, in accordance with the
provisions
of the law, and are not subject to interference by any administrative
organ,
public organization or individual.
Article 132
The Supreme People's
Procuratorate
is the highest procuratorial organ.
The Supreme People's Procuratorate
directs the work of the people's procuratorates at various local levels
and of the special people's procuratorates at various local levels.
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.
People's procuratorates at various levels are responsible to the organs
of state power which created them and to the people's procuratorates at
higher levels.
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 commonly used in the locality.
In an area where people of
a minority nationality live in a concentrated community or where a
number
of nationalities live together, court hearings should be conducted in
the
language or languages commonly used in the locality; indictments,
judgments,
notices and other documents should be written, according to actual
needs,
in the language or languages commonly used in the locality.
Article 135
The people's courts, the
people's procuratorates and the public security organs shall, in
handling
criminal cases, divide their functions, each taking responsibility for
its own work, and they shall coordinate their efforts and check each
other
to ensure the correct and effective enforcement of the law.
CHAPTER FOUR
THE NATIONAL FLAG,
THE NATIONAL EMBLEM
AND THE CAPITAL
Article 136
The national flag of the
People's Republic of China is a red flag with five stars.
Article 137
The national emblem of the
People's Republic of China consists of an image of Tiananmen in its
center
illuminated by five stars and encircled by ears of grain and a cogwheel.
Article 138
The capital of the
People's
Republic of China is Beijing.
AMENDMENTS
TO THE CONSTITUTION
OF THE PEOPLE'S
REPUBLIC
OF CHINA
[Adopted at the First Session
of the Seventh National People's
Congress
on April 12, 1988]
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 unlawfully
transfer
land in other ways," shall be amended as: "No organization or
individual
may appropriate, buy, sell or unlawfully transfer land in other ways.
The
right to the use of the land may be transferred in accordance with the
law."
AMENDMENTS
TO THE CONSTITUTION
OF THE PEOPLE'S
REPUBLIC
OF CHINA
[Adopted at the First Session
of the Seventh National People's
Congress
on March 29,1993]
Article 3
The final two sentences
of the seventh paragraph of the Preamble to the Constitution, ("The
basic
task of the nation in the years to come is to concentrate its efforts
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 the socialist road, steadily improve
socialist
institutions, develop socialist democracy, improve the socialist legal
system, and work hard and self-reliantly to improve the socialist legal
system, and work hard and self-reliantly to modernize the country's
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.),
are amended to "Our country is in the primary stage of socialism. The
basic
task before the nation is the concentration of efforts of socialist
modernization
construction 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 and the socialist road and to uphold reform and opening to
the outside world, steadily improve socialist institutions, develop
socialist
democracy, improve the socialist legal system, and work hard and
self-reliantly
to modernize the country's industry, agriculture, national defense and
science and technology step by step to build China into a strong,
prosperous
culturally advances, democratic socialist nation."
Article 4
The following sentence is
added to the end of the tenth paragraph of the Preamble to the
Constitution:
"Multi-party cooperation and the political consultation system under
the
leadership of the Communist Party of China shall continue and develop
for
the extended future."
Article 5
Article 7 of the
Constitution,
("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."), is
amended to "The state-owned economy, i.e. the socialist economy with
ownership
by the people as a whole, is the leading force in the national economy.
The state will ensure the consolidation and development to the
state-owned
economy."
Article 6
The first paragraph of
Article
8 of the Constitution, ("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 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 their use, engage in household sideline
production
and raise privately owned livestock.)", is amended to "The rural
contracted
responsibility system based mainly on the household linking
remuneration
to output and cooperative economic forms – producers', supply and
marketing,
credit and consumers' cooperatives – are part of the socialist economy
collectively owned by the working people. Working people who are all
members
of rural economic collectives have the right, within the limits
prescribed
by law, to farm plots of cropland and hilly land allotted for their
private
use, engage in household sideline production and raise privately owned
livestock."
Article 7
Article 15 of the
Constitution,
("The state practices planned economy 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 socioeconomic order or
disruption of the state economic plan by an organization or individual
is prohibited."), is amended to "The state practices socialist market
economy."
"The shall enhance economic legislation and improve macro-control of
the
economy." "The state shall, in accordance with the law, prohibit
disturbance
of the socioeconomic order by any organization or individual."
Article 8
Article 16 of the
Constitution,
("State enterprises have decision-making power with regard to operation
and management within the limits prescribed by law, on condition that
they
submit to unified leadership by the state and fulfill 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."), is amended to "State-owned enterprises have
decision-making
power with regard to operations 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."
Article 9
Article 17 of the
Constitution,
("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. The entire
body
of their workers elects or removes their managerial personnel and
decides
on major issues concerning operation and management."), is amended to
"Collective
economic organizations have decision-making power in conduction
independent
economic activities, on condition that they abide by the relevant laws.
Collective economic organizations practice democratic management, elect
and remove their managerial personnel in accordance with the law and
decide
major issues concerning operation and management."
Article 10
The third paragraph of
Article
42 of the Constitution, ("Work is a matter of honor for every citizen
who
is able to work. All working people in state enterprises and in urban
and
rural economic collectives, should approach their work as the masters
of
the country that they are. The state promotes socialist labor
emulation,
and commends and rewards model and advanced workers. The state
encourages
citizens to take part in voluntary labor."), is amended to "Work is a
matter
of honor for every citizen who is able to work. All working people in
state-owned
enterprises and in urban and rural economic collectives should approach
their work as the masters of the country that they are. The state
promotes
socialist labor emulation, and commends and rewards model and advanced
workers. The state encourages citizens to take part in voluntary labor."
Article 11
Article 98 of the
Constitution,
("The term of office of the people's congresses of provinces,
municipalities
directly under the Central Government and cities divided into districts
is five years. The term of office of the people's congresses of
counties,
cities not divided into districts, municipal districts, townships,
nationality
townships, and towns is three years.") is amended to "The term of
office
of the people's congresses of provinces, municipalities directly under
the Central Government, counties, cities and districts under the
jurisdiction
of the municipal government is five years. The term of office of the
people's
congresses of townships, nationality townships and towns is three
years."
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