Article 131 The people’s courts shall, in accordance with the provisions of law, independently exercise adjudicatory power, and shall not be subject to interference from any administrative organ, social organization or individual. Article 78 The organization and working procedures of the National People’s Congress and the National People’s Congress Standing Committee shall be prescribed by law. For other uses, see, Learn how and when to remove this template message, 1978 Constitution of the People's Republic of China, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. The national emblem of the People’s Republic of China consists of an image of Tiananmen Gate in the center illuminated by five stars and encircled by spikes of grain and a cogwheel. Article 102 Deputies to the people’s congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be subject to oversight by the organizations that elected them; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be subject to oversight by their constituencies. 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 ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and surmounting many difficulties and obstacles. practice law-based governance and build a socialist state under the rule of law. Organizations that have elected deputies shall have the power to remove them from office in accordance with procedures prescribed by law. The president of the Supreme People’s Court shall have the same term of office as that of the National People’s Congress and shall serve no more than two consecutive terms. Ethnic Affairs Committee, a Constitution and Law Committee, a Financial and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee and such other special committees as are necessary. 3. protect the lawful rights and interests of non-public economic sectors such as. It is prohibited to use any means to insult, libel or falsely accuse citizens. Article 111 Residents committees and villagers committees, established among urban and rural residents on the basis of their place of residence, are primary-level people’s organizations for self-governance. The National People’s Congress. Article 142 The national emblem of the People’s Republic of China consists of an image of Tiananmen Gate in the center illuminated by five stars and encircled by spikes of grain and a cogwheel. Laws and other proposals shall be adopted by a majority vote of the National People’s Congress deputies. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area. esident of the People’s Republic of China. No citizen shall be arrested unless with the approval or by the decision of a people’s procuratorate or by the decision of a people’s court, and arrests must be made by a public security organ. Article 128 The people’s courts of the People’s Republic of China are the adjudicatory organs of the state. The National Flag, the National Anthem, the National Emblem and the Capital (Chapter 4). The People's Republic of China may grant asylum to foreigners who request it for political reasons. infringe on a citizen’s freedom and confidentiality of correspondence for any reason. The chairperson and vice chairpersons of the Standing Committee shall serve no more than two consecutive terms. Article 26 The state shall protect and improve living environments and the ecological environment, and prevent and control pollution and other public hazards. It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity. The system of socialist public ownership has eradicated the system of exploitation of man by man, and practices the principle of “from each according to his ability, to each according to his work.”. Local people’s governments at and above the county level shall direct the work of their subordinate departments and of the people’s governments at the next level down and shall have the power to change or revoke inappropriate decisions made by their subordinate departments and the people’s governments at the next level down. [14], The Constitution was amended on 11 March 2018, with 2,958 votes in favour, two against, and three abstentions. The state shall, in light of the characteristics and needs of all ethnic minorities, assist all ethnic minority areas. (22) other functions and powers accorded to it by the National People’s Congress. China pursues an independent foreign policy, observes the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, mutual noninterference in internal affairs, equality and mutual benefit, and peaceful coexistence, keeps to a path of peaceful development, follows a mutually beneficial strategy of opening up, works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a human community with a shared future. The State Council and its Standing Committee, by contrast, are made responsible for executing rather than enacting the laws. Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside help for the modernization program. Sabotage of the socialist system by any organization or individual is prohibited. 2. There had been five major revisions by the National People's Congress (NPC) to the 1982 Constitution. Article 2. feature of socialism with Chinese characteristics. Article 2. The national flag of the Republic of China shall have a red background with a “blue sky and white sun” in the upper lef… Chinese citizens are prohibited from forming new political parties. All working people in state, owned enterprises and in urban and rural collective economic organizations should approach their own work as masters of their country. On the standing committees of people’s congresses of autonomous regions, autonomous prefectures and autonomous counties, there should be citizens of the ethnic group that exercises regional autonomy in office as chairperson or vice chairperson. Section 6  The procurator general of the Supreme People’s Procuratorate shall have the same term of office as that of the National People’s Congress and shall serve no more than two consecutive terms. People’s Republic of China shall be delineated as follows: provinces, autonomous regions and cities directly under central government jurisdiction; autonomous prefectures, counties, autonomous counties and cities; and, Cities directly under central government jurisdiction and other large cities, districts and counties. It is prohibited for any organization or individual to seize or damage state or collective property by any means. Every citizen shall enjoy the rights prescribed by the Constitution and the law and must fulfill the obligations prescribed by the Constitution and the law. In the future, it will play an even more important role in the country’s political and social life and its friendly foreign activities, in socialist modernization and in safeguarding the unity and solidarity of the country. Article 18 The People’s Republic of China shall permit foreign enterprises, other economic organizations and individuals, to invest in China and to enter into various forms of economic cooperation with Chinese enterprises or other economic organizations in accordance with the provisions of law of the People’s Republic of China. Article 33 All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China. Through the long process of revolution, development and reform, a broad patriotic united front has formed under the leadership of the Communist Party of China, with the participation of other political parties and people’s organizations and including all socialist working people, people involved in building socialism, patriots who support socialism, and patriots who support China’s reunification and are dedicated to the rejuvenation of the Chinese nation. The premier shall direct the work of the State Council. Chapter I. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished. Autonomous organs of ethnic autonomous areas shall have the autonomy to manage their local finances. Article 8 Rural collective economic organizations shall practice a two-tiered system of both unified and separate operations with household contract management as its basis. The Constitution of the People's Republic of China CHAPTER I. the socialist economy under collective ownership by the working people. The standing committees of local people’s congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people’s government at the same level; revoke inappropriate resolutions adopted by the people’s congress at the next level down; decide on the appointment or removal of employees of state organs according to the authority invested in them as prescribed by law; and, when people’s congresses at their level are out of session, remove from office and elect to fill vacancies individual deputies to the people’s congress at the next level up. Taiwan is part of the sacred territory of the People’s Republic of China. The people’s congresses of ethnic townships may, according to the authority invested in them as prescribed by law, take specific measures suited to ethnic characteristics. Autonomous regions, autonomous prefectures and autonomous counties shall establish autonomous organs. enjoy freedom of speech, the press, assembly, association, coerce citizens to believe in or not to believe in any religion, nor. China is a country with one of the longest histories in the world. In the 20th century, momentous historical changes took place in China. 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 ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and surmounting many difficulties and obstacles. The People's Republic of China may grant asylum … The Supreme People’s Court is the highest adjudicatory organ. The Constitution of the People's Republic of China is nominally the supreme law of the People's Republic of China. The National People’s Congress shall have the power to remove from office the following personnel: Amendments to the Constitution must be proposed by the National People’s Congress Standing Committee or by one-fifth or more of National People’s Congress deputies and be adopted by a vote of at least two-thirds of National People’s Congress deputies. The Supreme People’s Court shall oversee the adjudicatory work of local people’s courts at all levels and of special people’s courts; people’s courts at higher levels shall oversee the adjudicatory work of those at lower levels. The election of deputies to the next National People’s Congress must be completed within one year of said extraordinary circumstances coming to an end. All foreign enterprises, other foreign economic organizations and Chinese-foreign joint ventures in the territory of China shall abide by the law of the People’s Republic of China. This page was last edited on 20 December 2020, at 18:26. The state shall practice strict economy and combat waste. Section 4  to the people of citizens engaged in education, science, technology, literature, art and other cultural activities. When an investigation committee is conducting an investigation, all state organs, social organizations and citizens concerned shall have the obligation to provide the committee with the necessary data. Its permanent organ is the National People’s Congress Standing Committee. The state shall make the armed forces more revolutionary, more modernized and better regulated in order to strengthen national defense capabilities. The people’s congresses of cities divided into districts and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, or with the local regulations of their province or autonomous region, formulate local regulations in accordance with the provisions of law, which shall go into force after submission to the standing committee of the people’s congress of their province or autonomous region and the receipt of approval. It is the highest organ of the state power and the sole legislative assembly of China. Autonomous organs of ethnic autonomous areas may, in accordance with the military system of the state and local needs, and with the approval of the State Council, organize local public security units to maintain public order. counties, autonomous counties and cities. individually owned and private businesses. of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People’s Congress Standing Committee to be placed on record. The autonomous regulations and local-specific regulations of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People’s Congress Standing Committee to be placed on record. Article 106 Local people’s governments at all levels shall have the same term of office as that of the people’s congresses at their respective levels. Article 45 Citizens of the People’s Republic of China shall have the right to material assistance from the state and society when they are aged, ill or have lost the capacity to work. and, pursuant to decisions of the National People’s Congress Standing Committee, appoints or recalls plenipotentiary representatives abroad and ratifies or abrogates treaties and important agreements concluded with foreign countries. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. Commissions of supervision of the People’s Republic of China at all levels are the supervisory organs of the state. The state shall develop rest and recuperation facilities for working people and stipulate systems for employee working hours and vacations. The Central Military Commission. unlawfully transfer land through seizure, sale and purchase, or in any other form. The fundamental interests of the overwhelming majority of the Chinese people. [14], Deng Xiaoping theory, which was included at the 1992 revision, was elevated alongside the CPC's guiding ideology of Marxism-Leninism and Mao Zedong Thought. The organization, functions and powers of the commissions of supervision shall be prescribed by law. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area. The National People’s Congress Standing Committee shall be composed of the following personnel: Each National People’s Congress Standing Committee shall have the same term of office as that of the National People’s Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the next National People’s Congress. ", "Reformers Aim to Get China to Live Up to Own Constitution", "China's Debate: Must The Party Follow The Constitution? All citizens of the People’s Republic of China are equal before the law. In our country the exploiting class, as a class, has been eliminated, but class struggle will continue to exist within a certain scope for a long time to come. The organization of the people’s courts shall be prescribed by law. Local people’s procuratorates at all levels shall be responsible to the state organs of power that created them and to the people’s procuratorates at higher levels. (Adopted on January 17, 1975 by the Fourth National People's Congress of the People's Republic of China at its First Session) . The socialist system is the basic system of the People's Republic of China. The chairperson of the National Commission of Supervision shall serve no more than two consecutive terms. Article 61 A session of the National People’s Congress shall be held once every year and shall be convened by the National People’s Congress Standing Committee. The state shall champion core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism; educate the people in patriotism and collectivism, in internationalism and communism, and in dialectical and historical materialism; and combat capitalist, feudal and other forms of decadent thought. The Chinese people of all ethnic groups jointly created its magnificent culture and have a proud revolutionary tradition. [30], "Constitution of China" redirects here. No state organ, social organization or individual shall coerce citizens to believe in or not to believe in any religion, nor shall they discriminate against citizens who believe in or do not believe in any religion. The national anthem of the People’s Republic of China is the. The state shall encourage socialist work contests and commend and award model workers and advanced workers. Article 2 All power in the People’s Republic of China belongs to the people. Land in rural and suburban areas is owned by collectives except for that which belongs to the state as prescribed by law; housing sites and cropland and hillsides allotted for private use are also owned by collectives. It Was 2,958 to 2", "A constitution without constitutionalism? Article 68 The chairperson of the National People’s Congress Standing Committee shall preside over the work of the National People’s Congress Standing Committee and convene meetings of the National People’s Congress Standing Committee. All state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. The constitution has five sections: the preamble, general principles, fundamental rights and duties of citizens, structure of the state, the national flag, and the emblems of the state. [14], The "Three Represents" were included at this Congress. The people’s congresses of provinces and cities directly under central government jurisdiction and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, formulate local regulations, which shall be reported to the National People’s Congress Standing Committee to be placed on record. The number of deputies to local people’s congresses at all levels and the procedures of their election shall be prescribed by law. [citation needed] The fore-said ratio of vote power has been readjusted to 1:1 by an amendment to the election law passed in March 2010.[13]. The state may, in order to meet the demands of the public interest and in accordance with the provisions of law, expropriate or requisition land and furnish compensation. The National Commission of Supervision of the People’s Republic of China is the highest supervisory organ. The Constitution of People's Republic of China The Chinese government follows its Constitution as the supreme law of the country. Autonomous prefectures consist of counties, autonomous counties and cities. Deng imposed a two-term limit (10 years total) on all but the chair of the Central Military Commission. Prior to 1982 there were no term limits on key leadership posts. The Chinese people thus secured power and became masters of their own country. The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people. Local people’s courts at all levels shall be responsible to the state organs of power that created them. Citizens of the People’s Republic of China shall have, The state shall, in various ways, create employment opportunities, strengthen worker protections, improve working conditions and, based on the development of production, increase remuneration for work and, Work is an honorable duty for every citizen who is able to work. Article 7 The state sector of the economy, that is, the sector of the socialist economy under ownership by the whole people, shall be the leading force in the economy. This problem has largely been addressed with various and ongoing reforms of Hukou in 2007. (Adopted on January 17, 1975 by the Fourth National People's Congress of the People's Republic of China at its First Session) . Article 112 The autonomous organs of ethnic autonomous areas are the people’s congresses and the people’s governments of autonomous regions, autonomous prefectures and autonomous counties. The vice president of the People’s Republic of China shall assist the president in his or her work. In the event that the office of vice president of the People’s Republic of China becomes vacant the National People’s Congress shall elect a new vice president to fill the vacancy. The relations between residents committees and villagers committees and primary-level state bodies shall be prescribed by law. Cities directly under central government jurisdiction and other large cities consist of districts and counties. Article 1. The people’s congresses of ethnic autonomous areas shall have the power to formulate, autonomous regulations and local-specific regulations, in accordance with the political, economic and cultural characteristics of the ethnic groups in their areas. 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