Adopted on: ۴ Dec ۱۹۸۲
Preamble
China is one of the countries with the longest histories in the world. The
people of all nationalities in China have jointly createeed a splendid culture
and have a glorious revolutionary tradition.
Feudal China was gradually reduced after ۱۸۴۰ to a semi-colonial and
semi-feudal country. The Chinese people waged wave upon wave of heroic
struggles for national independence and liberation and for democracy and
freedom. Great and earth-shaking historical changes have taken place in
China in the ۲۰th century. The Revolution of ۱۹۱۱٫ led by Dr. Sun Yat-sen٫
abolished the feudal monarchy and gave birth to the Republic of China. But
the Chinese people had yet to fulfill their historical task of overthrowing
imperialism and feudalism.
After waging hard٫ protracted and tortuous struggles٫ armed and otherwise٫ the
Chinese people of all nationalities led by the Communist Party of China with
Chairman Mao Zedong as its leader ultimately٫ in ۱۹۴۹٫ overthrew the rule of
imperialism٫ feudalism٫ and bureaucrat-capitalism٫ won the great victory of the
new democratic revolution and founded the People”s Republic of China.
Thereupon the Chinese people took state power into their own hands and became
masterrrs of the country.
After the founding of the People”s Republic٫ the transition of Chinese
society from a new democratic to a socialist society was effected step by
step. The socialist transformation of the private ownership of the means of
production was completed٫ the system of exploitation of man by man eliminated
and the socialist system established. The people”s democratic
dictatorship led by the working class and based on the alliance of workers and
peasants٫ which is in essence the dictatorship of the proletariat٫ has been
consolidated and developed. The Chinese people and the Chinese People”s
Liberation Army have thwarted aggression٫ sabotage٫ and armed provocations by
imperialists and hegemonists٫ safeguarded China”s national independence and
security and strengthened its national defence. Major successes have been
achieved in economic development. An independent and fairly comprehensive
socialist system of industry has in the main been established. There has
been a marked increase in agricultural production. Significant progress has
been made in educational٫ scientific٫ cultural٫ and other undertakings٫ and
socialist ideological education has yielded noteworthy results. The living
standards of the people have improved considerably.
Both the victory of China”s new-democratic revolution and the successes of
its socialist cause have been achieved by the Chinese people of all
nationalities under the leadership of the Communist Party of China and the
guidance of Marxism-Leninism and Mao Zedong Thought٫ and by upholding truth٫
correcting errors and overcoming numerous difficulties and hardships. China
will stay in the primary stage of socialism for a long period of time. The
basic task of the nation is to concentrate its efforts on socialist
modernization along the road of Chinese-style socialism. Under the guidance of
Marxism-Leninism٫ Mao Zedong Thought٫ Deng Xiaoping Theory and the important
thought of ”Three Represents”٫ the Chinese people of all nationalities
will continue to adhere to the people”s democratic dictatorship٫ follow the
socialist road٫ persist in reform and opening-up٫ steadily improve socialist
institutions٫ develop a socialist market economy٫ advance socialist democracy٫
improve the socialist legal system and work hard and self-reliantly to
modernize industry٫ agriculture٫ national defense and science and technology
step by step٫ promote the co-ordinated development of the material٫ political
and spiritual civilizations to turn China into a powerful and prosperous
socialist country with a high level of culture and democracy.
The exploiting classes as such have been eliminated in our country.
However٫ class struggle will continue to exist within certain limits for a long
time to come. The Chinese people must fight against those forces and
elements٫ both at home and abroad٫ that are hostile to China”s socialist
system and try to undermine it.
Taiwan is part of the sacred territory of the People”s Republic of
China. It is the lofty duty of the entire Chinese people٫ including our
compatriots in Taiwan٫ to accomplish the great task of reunifying the
motherland.
In building socialism it is imperative to rely on the workers٫ peasants and
intellectuals and unite with all the forces that can be united. In the long
years of revolution and construction٫ there has been formed under the
leadership of the Communist Party of China a broad patriotic united front that
is composed of democratic parties and people”s organizations and embraces
all socialist working people٫ all builders of socialism٫ all patriots who
support socialism and all patriots who stand for reunification of the
motherland. This united front will continue to be consolidated and
developed. The Chinese People”s Political Consultative Conference is a
broadly representative organization of the united front٫ which has played a
significant historical role and will continue to do so in the political and
social life of the country٫ in promoting friendship with the people of other
countries and in the struggle for socialist modernization and for the
reunification and unity of the country. The system of multi-party
cooperation and political consultation led by the Communist Party of China will
exist and develop in China for a long time to come.
The People”s Republic of China is a unitary multinational state built up
jointly by the people of all its nationalities. Socialist relations of
equality٫ unity and mutual assistance have been established among them and will
continue to be strengthened. In the struggle to safeguard the unity of the
nationalities٫ it is necessary to combat big-nation chauvinism٫ mainly Han
chauvinism٫ and also necessary to combat local national chauvinism. The
state does its utmost to promote the common prosperity of all nationalities in
the country.
China”s achievements in revolution and construction are inseparable from
support by the people of the world. The future of China is closely linked
with that of the whole world. China adheres to an independent foreign
policy as well as to the five principles of mutual respect for sovereignty and
territorial integrity٫ mutual nonaggression٫ non-interference in each
other”s internal affairs٫ equality and mutual benefit٫ and peaceful
coexistence in developing diplomatic relations and economic and cultural
exchanges with other countries; China consistently opposes imperialism٫
hegemonism٫ and colonialism٫ works to strengthen unity with the people of other
countries٫ supports the oppressed nations and the developing countries in their
just struggle to win and preserve national independence and develop their
national economies٫ and strives to safeguard world peace and promote the cause
of human progress.
This Constitution affirms the achievements of the struggles of the Chinese
people of all nationalities and defines the basic system and basic tasks of the
state in legal form; it is the fundamental law of the state and has supreme
legal authority. The people of all nationalities٫ all state organs٫ the
armed forces٫ all political parties and public organizations and all
enterprises and undertakings in the country must take the Constitution as the
basic norm of conduct٫ and they have the duty to uphold the dignity of the
Constitution and ensure its implementation.
Chapter One General Principles
Article ۱ [Socialist State]
(۱) 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.
(۲) The socialist system is the basic system of the People”s Republic of
China. Sabotage of the socialist system by any organization or individual
is prohibited.
Article ۲ [Sovereignty]
(۱) All power in the People”s Republic of China belongs to the people.
(۲) The organs through which the people exercise state power are the National
People”s Congress and the local people”s congresses at different levels.
(۳) 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 ۳ [Democratic Centralism]
(۱) The state organs of the People”s Republic of China apply the principle
of democratic centralism.
(۲) The National People”s Congress and the local people”s congresses at
different levels are instituted through democratic election. They are
responsible to the people and subject to their supervision.
(۳) All administrative٫ judicial and procuratorial organs of the state are
createeed by the people”s congresses to which they are responsible and
under whose supervision they operate.
(۴) The division of functions and powers between the central and local state
organs is guided by the principle of giving full play to the initiative and
enthusiasm of the local authorities under the unified leadership of the central
authorities.
Article ۴ [Nationalities٫ Minorities٫ Regions٫ Languages]
(۱) All nationalities in the People”s Republic of China are equal. The
state protects the lawful rights and interests of the minority nationalities
and upholds and develops the relationship of equality٫ unity٫ and mutual
assistance among all of China”s nationalities. Discrimination against
and oppression of any nationality are prohibited; any acts that undermine
the unity of the nationalities or instigate their secession are prohibited.
The state helps the areas inhabited by minority nationalities speed up their
economic and cultural development in accordance with the peculiarities and
needs of the different minority nationalities.
(۲) Regional autonomy is practiced in areas where people of minority
nationalities live in compact communities; in these areas organs of
self-government are established for the exercise of the right of autonomy.
All the national autonomous areas are inalienable parts of the People”s
Republic of China.
(۳) The people of all nationalities have the freedom to use and develop their
own spoken and written languages٫ and to preserve or reform their own ways and
customs.
Article ۵ [Socialist Legal System٫ Rule of Law]
(۱) The People”s Republic of China practices ruling the country in
accordance with the law and building a socialist country of law.
(۲) The state upholds the uniformity and dignity of the socialist legal system.
(۳) No law or administrative or local rules and regulations shall contravene
the Constitution.
(۴) All state organs٫ the armed forces٫ all political parties and public
organizations٫ and all enterprises and undertakings must abide by the
Constitution and the law. All acts in violation of the Constitution and the
law must be looked into.
(۵) No organization or individual may enjoy the privilege of being above the
Constitution and the law.
Article ۶ [Socialist Public Ownership]
(۱) The basis of the socialist economic system of the People”s Republic of
China is socialist public ownership of the means of production٫ namely٫
ownership by the whole people and collective ownership by the working
people. The system of socialist public ownership supersedes the system of
exploitation of man by man; it applies the principle of “from each according
to his ability٫ to each according to his work”.
(۲) During the primary stage of socialism٫ the State adheres to the basic
economic system with the public ownership remaining dominant and diverse
sectors of the economy developing side by side٫ and to the distribution system
with the distribution according to work remaining dominant and the coexistence
of a variety of modes of distribution.
Article ۷ [State Economy]
The State-owned economy٫ that is٫ the socialist economy under ownership by the
whole people٫ is the leading force in the national economy. The State
ensures the consolidation and growth of the State-owned economy.
Article ۸ [Agriculture]
(۱) Rural collective economic organizations practice the double-tier management
system that combines unified and separate operations on the basis of the
household-based output-related contracted responsibility system. Various
forms of the cooperative economy in rural areas such as producers”٫ supply
and marketing٫ credit and consumers” cooperatives belong to the sector of
the socialist economy under collective ownership by the working people.
(۲) Working people who are members of rural economic collectives have the
right٫ within the limits prescribed by law٫ to farm plots of cropland and hilly
land allotted for private use٫ engage in household sideline production and
raise privately owned livestock.
(۳) The various forms of co-operative economy in the cities and towns٫ such as
those in the handicraft٫ industrial٫ building٫ transport٫ commercial٫ and
service trades٫ all belong to the sector of socialist economy under collective
ownership by the working people.
(۴) 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 ۹ [Resources]
(۱) Mineral resources٫ waters٫ forests٫ mountains٫ grassland٫ unreclaimed land٫
beaches٫ and other natural resources are owned by the state٫ that is٫ by the
whole people٫ with the exception of the forests٫ mountains٫ grassland٫
unreclaimed land٫ and beaches that are owned by collectives in accordance with
the law.
(۲) The state ensures the rational use of natural resources and protects rare
animals and plants. The appropriation or damage of natural resources by any
organization or individual by whatever means is prohibited.
Article ۱۰ [Land Ownership]
(۱) Land in the cities is owned by the state.
(۲) 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.
(۳) The State may٫ in the public interest and in accordance with the provisions
of law٫ expropriate or requisition land for its use and shall make compensation
for the land expropriated or requisitioned.
(۴) No organization or individual may appropriate٫ buy٫ sell or otherwise
engage in the transfer of land by unlawful means. The right to the use of
land may be transferred according to law.
(۵) All organizations and individuals who use land must make rational use of
the land.
Article ۱۱ [Private Sector of the Economy]
(۱) Individual٫ private and other non-public economies that exist within the
limits prescribed by law are major components of the socialist market economy.
(۲) The State protects the lawful rights and interests of the non-public
sectors of the economy such as the individual and private sectors of the
economy. The State encourages٫ supports and guides the development of the
non-public sectors of the economy and٫ in accordance with law٫ exercises
supervision and control over the non-public sectors of the economy.
Article ۱۲ [Protection of Socialist Public Property]
(۱) Socialist public property is sacred and inviolable.
(۲) The state protects socialist public property. Appropriation or damage
of state or collective property by any organization or individual by whatever
means is prohibited.
Article ۱۳ [Protection of Private Property]
(۱) Citizens” lawful private property is inviolable.
(۲) The State٫ in accordance with law٫ protects the rights of citizens to
private property and to its inheritance.
(۳) The State may٫ in the public interest and in accordance with law٫
expropriate or requisition private property for its use and shall make
compensation for the private property expropriated or requisitioned.
Article ۱۴ [Labor Productivity]
(۱) 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 organization of work.
(۲) The state practices strict economy and combats waste.
(۳) The state properly apportions accumulation and consumption٫ pays attention
to the interests of the collective and the individual as well as of the state
and٫ on the basis of expanded production٫ gradually improves the material and
cultural life of the people.
(۴) The State establishes a sound social security system compatible with the
level of economic development.
Article ۱۵ [Economic Planning]
The state has put into practice a socialist market economy. The State
strengthens formulating economic laws٫ improves macro adjustment and control
and forbids according to law any units or individuals from interfering with the
social economic order.
Article ۱۶ [State Enterprises]
Stated-owned enterprises have decision-making power in operation and management
within the limits prescribed by law. State-owned enterprises practice
democratic management through congresses of workers and staff and in other ways
in accordance with the law.
Article ۱۷ [Collective Economic Organizations]
Collective economic organizations have decision-making power in conducting
independent economic activities٫ on condition that they abide by the relevant
laws. Collective economic organizations practice democratic management٫ elect
or remove their managerial personnel and decide on major issue concerning
operation and management according to law.
Article ۱۸ [Foreign Enterprises]
(۱) The People”s Republic of China permits foreign enterprises٫ other
foreign economic organizations٫ and individual foreigners to invest in China
and to enter into various forms of economic co-operation with Chinese
enterprises and other economic organizations in accordance with the law of the
People”s Republic of China.
(۲) All foreign enterprises and other foreign economic organizations in China٫
as well as joint ventures with Chinese and foreign investment located in China٫
shall abide by the law of the People”s Republic of China. Their lawful
rights and interests are protected by the law of the People”s Republic of
China.
Article ۱۹ [Education]
(۱) The state develops socialist educational undertakings and works to raise
the scientific and cultural level of the whole nation.
(۲) The state runs schools of various types٫ makes primary education compulsory
and universal٫ develops secondary٫ vocational and higher education٫ and
promotes pre-school education.
(۳) The state develops educational facilities of various types in order to wipe
out illiteracy and provide political٫ cultural٫ scientific٫ technical٫ and
professional education for workers٫ peasants٫ state functionaries and other
working people. It encourages people to become educated through independent
study.
(۴) The slate encourages the collective economic organizations٫ state
enterprises and undertakings٫ and other social forces to set up educational
institutions of various types in accordance with the law.
(۵) The state promotes the nationwide use of Putonghua.
Article ۲۰ [Science]
The state promotes the development of the natural and social sciences٫
disseminates scientific and technical knowledge٫ and commends and rewards
achievements in scientific research as well as technological discoveries and
inventions.
Article ۲۱ [Health]
(۱) The state develops medical and health services٫ promotes modern medicine
and traditional Chinese medicine٫ encourages and supports the setting up of
various medical and health facilities by the rural economic collectives٫ state
enterprises and undertakings and neighborhood organizations٫ and promotes
public health activities of a mass charrracter٫ all to protect the people”s
health.
(۲) The state develops physical culture and promotes mass sports activities to
build up the people”s physique.
Article ۲۲ [Culture]
(۱) The state promotes the development of literature and art٫ the press٫
broadcasting٫ and television undertakings٫ publishing and distribution
services٫ libraries٫ museums٫ cultural centers and other cultural undertakings٫
that serve the people and socialism٫ and sponsors mass cultural activities.
(۲) The state protects places of scenic and historical interest٫ valuable
cultural monuments٫ and treasures and other important items of China”s
historical and cultural heritage.
Article ۲۳ [Intellectual Education]
The state trains specialized personnel in all fields who serve socialism٫
increases the number of intellectuals٫ and createees conditions to give full
scope to their role in collective modernization.
Article ۲۴ [Socialist Education]
(۱) The state strengthens the building of socialist spiritual civilization
through spreading education in high ideals and morality٫ general education٫ and
education in discipline and the legal system٫ and through promoting the
formulation and observance of rules of conduct and common pledges by different
sections of the people in urban and rural areas.
(۲) The state advocates the civic virtues of love of the motherland٫ of the
people٫ of labor٫ of science٫ and of socialism; it educates the people in
patriotism٫ collectivism٫ internationalism٫ and communism and in dialectical
and historical materialism; it combats capitalist٫ feudal٫ and other
decadent ideas.
Article ۲۵ [Family Planning]
The state promotes family planning so that population growth may fit the plan
for economic and social development.
Article ۲۶ [Environment]
(۱) The state protects and improves the living environment and the ecological
environment٫ and prevents and remedies pollution and other public hazards.
(۲) The state organizes and encourages afforestation and the protection of
forests.
Article ۲۷ [Administration]
(۱) All state organs carry out the principle of simple and efficient
administration٫ the system of responsibility for work٫ and the system of
training functionaries and appraising their work in order constantly to improve
quality of work and efficiency and combat bureaucratism.
(۲) All state organs and functionaries must rely on the support of the people٫
keep in close touch with them٫ heed their opinions and suggestions٫ accept
their supervision and work hard to serve them.
Article ۲۸ [Public Order]
The State maintains public order and suppresses treasonable and other criminal
activities that endanger State security; it penalizes actions that endanger
public security and disrupt the socialist economy and other criminal
activities٫ and punishes and reforms criminals.
Article ۲۹ [Armed Forces]
(۱) The armed forces of the People”s Republic of China belong to the
people. Their tasks are to strengthen national defence٫ resist aggression٫
defend the motherland٫ safeguard the people”s peaceful labor٫ participate in
national reconstruction٫ and work hard to serve the people.
(۲) The state strengthens the revolutionization٫ modernization and
regularization of the armed forces in order to increase the national defence
capability.
Article ۳۰ [Administrative Division]
(۱) The administrative division of the People”s Republic of China is as
follows:
۱. The country is divided into provinces٫ autonomous regions٫ and
municipalities directly under the Central Government;
۲. Provinces and autonomous regions are divided into autonomous prefectures٫
counties٫ autonomous counties٫ and cities;
۳. Counties and autonomous counties are divided into townships٫ nationality
townships٫ and towns.
(۲) 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.
(۳) All autonomous regions٫ autonomous prefectures٫ and autonomous counties are
national autonomous areas.
Article ۳۱ [Special Administrative Regions]
The state may establish special administrative regions when necessary. The
systems to be instituted in special administrative regions shall be prescribed
by law enacted by the National People”s Congress in the light of the
specific conditions.
Article ۳۲ [Rights of Foreigners]
(۱) The People”s Republic of China protects the lawful rights and interests
of foreigners within Chinese territory٫ and while on Chinese territory
foreigners must abide by the law of the People”s Republic of China.
(۲) 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 ۳۳ [Citizenship٫ Equality]
(۱) All persons holding the nationality of the People”s Republic of China
are citizens of the People”s Republic of China.
(۲) All citizens of the People”s Republic of China are equal before the
law. Every citizen enjoys the rights and at the same time must perform the
duties prescribed by the Constitution and the law.
(۳) The State respects and preserves human rights.
Article ۳۴ [Electoral Rights and Equality]
All citizens of the People”s Republic of China who have reached the age of
۱۸ have the right to vote and stand for election٫ regardless of nationality٫
race٫ sex٫ occupation٫ family background٫ religious belief٫ education٫ property
status٫ or length of residence٫ except persons deprived of political rights
according to law.
Article ۳۵
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 ۳۶ [Religion]
(۱) Citizens of the People”s Republic of China enjoy freedom of religious
belief.
(۲) No state organ٫ public organization٫ or individual may compel citizens to
believe in٫ or not to believe in٫ any religion; nor may they discriminate
against citizens who believe in٫ or do not believe in٫ any religion.
(۳) 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.
(۴) Religious bodies and religious affairs are not subject to any foreign
domination.
Article ۳۷ [Personal Freedom]
(۱) The personal freedom of citizens of the People”s Republic of China is
inviolable.
(۲) No citizen may be arrested except with the approval or by decision of a
people”s procuratorate or by decision of a people”s court٫ and arrests
must be made by a public security organ.
(۳) Unlawful deprivation or restriction of citizens” personal freedom by
detention or other means is prohibited; and unlawful search of the person of
citizens is prohibited.
Article ۳۸ [Personal Dignity]
The personal dignity of citizens of the People”s Republic of China is
inviolable. Insult٫ libel٫ false charrrge٫ or frame-up directed against
citizens by any means is prohibited.
Article ۳۹ [Home]
The home of citizens of the People”s Republic of China is inviolable.
Unlawful search of٫ or intrusion into٫ a citizen”s home is prohibited.
Article ۴۰ [Correspondence]
The freedom and privacy of correspondence of citizens of the People”s
Republic of China are protected by law. No organization or individual may٫
on any ground٫ infringe upon the freedom and privacy of citizens”
correspondence except in cases where٫ to meet the needs of state security or of
investigation into criminal offenses٫ public security or procuratorial organs
are permitted to censor correspondence in accordance with procedures prescribed
by law.
Article ۴۱ [Freedom of Speech]
(۱) Citizens of the People”s Republic of China have the right to criticize
and make suggestions to any state organ or functionary. Citizens have the
right to make to relevant state organs complaints and charrrges against٫ or
exposures of٫ any state organ or functionary for violation of the law or
dereliction of duty; but fabrication or distortion of facts for the purpose
of libel or frame-up is prohibited.
(۲) The state organ concerned must deal with complaints٫ charrrges or
exposures made by citizens in a responsible manner after ascertaining the
facts. No one may suppress such complaints٫ charrrges and exposure٫ or
retaliate against the citizens making them.
(۳) Citizens who have suffered losses through infringement of their civic
rights by any state organ or functionary have the right to compensation in
accordance with the law.
Article ۴۲ [Work]
(۱) Citizens of the People”s Republic of China have the right as well as the
duty to work.
(۲) Using various channels٫ the state createees conditions for employment٫
strengthens labor protection٫ improves working conditions٫ and٫ on the basis of
expanded production٫ increases remuneration for work and social benefits.
(۳) Work is the glorious duty of every able-bodied citizen. All working
people in State-owned enterprises and in urban and rural economic collectives
should perform their tasks with an attitude consonant with their status as
masterrrs of the country. The State promotes socialist labor emulation٫
and commends and rewards model and advanced workers. The State encourages
citizens to take part in voluntary labor.
(۴) The state provides necessary vocational training to citizens before they
are employed.
Article ۴۳ [Leisure]
(۱) Working people in the People”s Republic of China have the right to rest.
(۲) The state expands facilities for rest and recuperation of working people٫
and prescribes working hours and vacations for workers and staff.
Article ۴۴ [Retirement]
The state prescribes by law the system of retirement for workers and staff in
enterprises and undertakings and for functionaries of organs of state. The
livelihood of retired personnel is ensured by the state and society.
Article ۴۵ [Social Security]
(۱) Citizens of the People”s Republic of China have the right to material
assistance from the state and society when they are old٫ ill٫ or disabled.
The state develops the social insurance٫ social relief٫ and medical and health
services that are required to enable citizens to enjoy this right.
(۲) The state and society ensure the livelihood of disabled members of the
armed forces٫ provide pensions for the families of martyrs٫ and give
preferential treatment to the families of military personnel.
(۳) The state and society help make arrangements for the work٫ livelihood and
education of the blind٫ deafmutes and other handicapped citizens.
Article ۴۶ [Education]
(۱) Citizens of the People”s Republic of China have the duty as well as the
right to receive education.
(۲) The state promotes the all-round moral٫ intellectual٫ and physical
development of children and young people.
Article ۴۷ [Research]
Citizens of the People”s Republic of China have the freedom to engage in
scientific research٫ literary and artistic creation٫ and other cultural
pursuits. The state encourages and assists creative 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 ۴۸ [Gender Equality]
(۱) Women in the People”s Republic of China enjoy equal rights with men in
all spheres of life٫ political٫ economic٫ cultural٫ and social٫ including
family life.
(۲) The state protects the rights and interests of women٫ applies the principle
of equal pay for equal work for men and women alike٫ and trains and selecttts
cadres from among women.
Article ۴۹ [Marriage٫ Family٫ Parentage]
(۱) Marriage٫ the family٫ and mother and child are protected by the state.
(۲) Both husband and wife have the duty to practice family planning.
(۳) Parents have the duty to rear and educate their minor children٫ and
children who have come of age have the duty to support and assist their
parents.
(۴) Violation of the freedom of marriage is prohibited. Maltreatment of old
people٫ women٫ and children is prohibited.
Article ۵۰ [Nationals Abroad]
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 ۵۱ [Interest of the State]
The exercise by citizens of the People”s Republic of China of their freedoms
and rights may not infringe upon the interests of the state٫ of society٫ and of
the collective٫ or upon the lawful freedoms and rights of other citizens.
Article ۵۲ [Unity]
It is the duty of citizens of the People”s Republic of China to safeguard
the unity of the country and the unity of all its nationalities.
Article ۵۳ [Obedience to the Constitution]
Citizens of the People”s Republic of China must abide by the Constitution
and the law٫ keep state secrets٫ protect public property٫ and observe labor
discipline and public order and respect social ethics.
Article ۵۴ [Integrity of the Motherland]
It 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 ۵۵ [Defence]
(۱) It is the sacred obligation of every citizen of the People”s Republic of
China to defend the motherland and resist aggression.
(۲) 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 ۵۶ [Taxation]
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 ۵۷ [Highest Organ of State Power]
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 ۵۸ [Legislative Power]
The National People”s Congress and its Standing Committee exercise the
legislative power of the state.
Article ۵۹ [Representation]
(۱) The National People”s Congress is composed of deputies elected from the
provinces٫ autonomous regions٫ municipalities directly under the Central
Government٫ and the special administrative regions٫ and of deputies elected
from the armed forces. All the minority nationalities are entitled to
appropriate representation.
(۲) Election of deputies to the National People”s Congress is conducted by
the Standing Committee of the National People”s Congress.
(۳) The number of deputies to the National People”s Congress and the manner
of their election are prescribed by law.
Article ۶۰ [Election٫ Term]
(۱) The National People”s Congress is elected for a term of five years.
(۲) Two months before the expiration of the term of office of a National
People”s Congress٫ its Standing Committee must ensure that the election of
deputies to the succeeding National People”s Congress is completed.
Should exceptional circumstances prevent such an election٫ it may be postponed
by decision of a majority vote of more than two-thirds of all those on the
Standing Committee of the current National People”s Congress and the term of
office of the current National People”s Congress may be extended. The
election of deputies to the succeeding National People”s Congress must be
completed within one year after the termination of such exceptional
circumstances.
Article ۶۱ [Sessions٫ Presidium]
(۱) The National People”s Congress meets in session once a year and is
convened by its Standing Committee. A session of the National People”s
Congress may be convened at any time the Standing Committee deems this
necessary٫ or when more than one-fifth of the deputies to the National
People”s Congress so propose.
(۲) When the National People”s Congress meets٫ it elects a presidium to
conduct its session.
Article ۶۲ [Functions and Powers]
The National People”s Congress exercises the following functions and powers:
۱. to amend the Constitution;
۲. to supervise the enforcement of the Constitution;
۳. to enact and amend basic statutes concerning criminal offenses٫ civil
affairs٫ the state organs٫ and other matters;
۴. to elect the President and the Vice President of the People”s Republic of
China;
۵. to decide on the choice of the Premier of the State Council upon nomination
by the President of the People”s Republic of China٫ and to decide on the
choice of the Vice Premiers٫ State Councillors٫ Ministers in charrrge of
ministries or commissions٫ and the Auditor General and the Secretary General of
the State Council upon nomination by the Premier;
۶. to elect the Chairman of the Central Military Commission and٫ upon
nomination by the Chairman٫ to decide on the choice of all the others on the
Central Military Commission;
۷. to elect the President of the Supreme People”s Court;
۸. to elect the Procurator General of the Supreme People”s Procuratorate;
۹. to examine and approve the plan for national economic and social development
and the report on its implementation;
۱۰. to examine and approve the state budget and the report on its
implementation;
۱۱. to alter or annul inappropriate decisions of the Standing Committee of the
National People”s Congress;
۱۲. to approve the establishment of provinces٫ autonomous regions٫ and
municipalities directly under the Central Government;
۱۳. to decide on the establishment of special administrative regions and the
systems to be instituted there;
۱۴. to decide on questions of war and peace; and
۱۵. to exercise such other functions and powers as the highest organ of state
power should exercise.
Article ۶۳ [Power to Recall or Remove Officials]
The National People”s Congress has the power to recall or remove from office
the following persons:
۱. the President and the Vice President of the People”s Republic of China;
۲. the Premier٫ Vice Premiers٫ State Councillors٫ Ministers in charrrge of
ministries or commissions٫ and the Auditor General and the Secretary General of
the State Council;
۳. the Chairman of the Central Military Commission and others on the
Commission;
۴. the President of the Supreme People”s Court; and
۵. the Procurator General of the Supreme People”s Procuratorate.
Article ۶۴ [Amendments to the Constitution]
(۱) Amendments to the Constitution are to be proposed by the Standing Committee
of the National People”s Congress or by more than one-fifth of the deputies
to the National People”s Congress and adopted by a majority vote of more
than two-thirds of all the deputies to the Congress.
(۲) Statutes and resolutions are adopted by a majority vote of more than one
half of all the deputies to the National People”s Congress.
Article ۶۵ [Standing Committee]
(۱) The Standing Committee of the National People”s Congress is composed of
the following:
the Chairman;
the Vice Chairmen;
the Secretary General; and
members.
(۲) Minority nationalities are entitled to appropriate representation on the
Standing Committee of the National People”s Congress.
(۳) The National People”s Congress elects٫ and has the power to recall٫ all
those on its Standing Committee.
(۴) No one on the Standing Committee of the National People”s Congress shall
hold any post in any of the administrative٫ judicial or procuratorial organs of
the state.
Article ۶۶ [Election٫ Term٫ Chairmen]
(۱) The Standing Committee of the National People”s Congress is elected for
the same term as the National People”s Congress; it exercises its
functions and powers until a new Standing Committee is elected by the
succeeding National People”s Congress.
(۲) The Chairman and Vice Chairmen of the Standing Committee shall serve no
more than two consecutive terms.
Article ۶۷ [Functions and Powers]
The Standing Committee of the National People”s Congress exercises the
following functions and powers:
۱. to interpret the Constitution and supervise its enforcement;
۲. to enact and amend statutes with the exception of those which should be
enacted by the National People”s Congress;
۳. to enact٫ when the National People”s Congress is not in session٫ partial
supplements and amendments to statutes enacted by the National People”s
Congress provided that they do not contravene the basic principles of these
statutes;
۴. to interpret statutes;
۵. to examine and approve٫ when the National People”s Congress is not in
session٫ partial adjustments to the plan for national economic and social
development and to the state budget that prove necessary in the course of their
implementation;
۶. to supervise the work of the State Council٫ the Central Military Commission٫
the Supreme People”s Court٫ and the Supreme People”s Procuratorate;
۷. to annul those administrative rules and regulations٫ decisions٫ or orders of
the State Council that contravene the Constitution or the statutes;
۸. to annul those local regulations or decisions of the organs of state power
of provinces٫ autonomous regions٫ and municipalities directly under the Central
Government that contravene the Constitution٫ the statutes or the administrative
rules and regulations;
۹. to decide٫ when the National People”s Congress is not in session٫ on the
choice of Ministers in charrrge of ministries or commissions or the Auditor
General and the Secretary General of the State Council upon nomination by the
Premier of the State Council;
۱۰. to decide٫ upon nomination by the Chairman of the Central Military
Commission٫ on the choice of others on the Commission٫ when the National
People”s Congress is not in session;
۱۱. to appoint and remove Vice Presidents and judges of the Supreme People”s
Court٫ members of its Judicial Committee٫ and the President of the Military
Court at the suggestion of the President of the Supreme People”s Court;
۱۲. to appoint and remove Deputy Procurators General and procurators of the
Supreme People”s Procuratorate٫ members of its Procuratorial Committee٫ and
the Chief Procurator of the Military Procuratorate at the suggestion of the
Procurator General of the Supreme People”s Procuratorate٫ and to approve the
appointment and removal of the chief procurators of the people”s
procuratorates of provinces٫ autonomous regions and municipalities directly
under the Central Government;
۱۳. to decide on the appointment and recall of plenipotentiary representatives
abroad;
۱۴. to decide on the ratification and abrogation of treaties and important
agreements concluded with foreign states;
۱۵. to institute systems of titles and ranks for military and diplomatic
personnel and of other specific titles and ranks;
۱۶. to institute state medals and titles of honor and decide on their
conferment;
۱۷. to decide on the granting of special pardons;
۱۸. to decide٫ when the National People”s Congress is not in session٫ on the
proclamation of a state of war in the event of an armed attack on the country
or in fulfillment of international treaty obligations concerning common defence
against aggression;
۱۹. to decide on general mobilization or partial mobilization;
۲۰. to decide on entering the state of emergency throughout the country or in
particular provinces٫ autonomous regions٫ or municipalities directly under the
Central Government; and
۲۱. to exercise such other functions and powers as the National People”s
Congress may assign to it.
Article ۶۸ [Presidency]
(۱) The Chairman of the Standing Committee of the National People”s Congress
presides over the work of the Standing Committee and convenes its meetings.
The Vice Chairmen and the Secretary General assist in the work of the Chairman.
(۲) execccutive meetings with the participation of the Chairman٫ Vice Chairman
and Secretary General handle the important day-to-day work of the Standing
Committee of the National People”s Congress.
Article ۶۹ [Report on the Work]
The Standing Committee of the National People”s Congress is responsible to
the National People”s Congress and reports on its work to the Congress.
Article ۷۰ [Committees]
(۱) The National People”s Congress establishes a Nationalities Committee٫ a
Law Committee٫ a Financial and Economic Committee٫ an Education٫ Science٫
Culture٫ and Public Health Committee٫ a Foreign Affairs Committee٫ an Overseas
Chinese Committee٫ and such other special committees as are necessary.
These special committees work under the direction of the Standing Committee of
the National People”s Congress when the Congress is not in session.
(۲) 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 ۷۱ [Ad Hoc Committees]
(۱) The National People”s Congress and its Standing Committee may٫ when they
deem it necessary٫ appoint committees of inquiry into specific questions and
adopt relevant resolutions in the light of their reports.
(۲) All organs of state٫ public organizations٫ and citizens concerned are
obliged to supply the necessary information to those committees of inquiry when
they conduct investigations.
Article ۷۲ [Legislative Initiative]
Deputies to the National People”s Congress and all those on its Standing
Committee have the right٫ in accordance with procedures prescribed by law٫ to
submit bills and proposals within the scope of the respective functions and
powers of the National People”s Congress and its Standing Committee.
Article ۷۳ [Right to Question the State Council]
Deputies to the National People”s Congress during its sessions٫ and all
those on its Standing Committee during its meetings٫ have the right to address
questions٫ in accordance with procedures prescribed by law٫ to the State
Council or the ministries and commissions under the State Council٫ which must
answer the questions in a responsible manner.
Article ۷۴ [Immunity]
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 ۷۵ [Indemnity]
Deputies to the National People”s Congress may not be called to legal
account for their speeches or votes at its meetings.
Article ۷۶ [Obedience to the Constitution]
(۱) Deputies to the National People”s Congress must play an exemplary role
in abiding by the Constitution and the law and keeping state secrets and٫ in
production and other work and their public activities٫ assist in the
enforcement of the Constitution and the law.
(۲) Deputies to the National People”s Congress should maintain close contact
with the units which elected them and with the people٫ listen to and convey the
opinions and demands of the people٫ and work hard to serve them.
Article ۷۷ [Direct/Imperative Mandate]
Deputies to the National People”s Congress are subject to the supervision of
the units which elected them. The electoral units have the power٫ through
procedures prescribed by law٫ to recall deputies whom they elected.
Article ۷۸ [Organizational Law]
The organization and working procedures of the National People”s Congress
and its Standing Committee are prescribed by law.
Section II The President
Article ۷۹ [Election٫ Term]
(۱) The President and Vice President of the People”s Republic of China are
elected by the National People”s Congress.
(۲) 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 ۴۵ are eligible for
election as President or Vice President of the People”s Republic of China.
(۳) 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 ۸۰ [Functions and Powers]
The President of the People”s Republic of China٫ in pursuance of decisions
of the National People”s Congress and its Standing Committee٫ promulgates
statutes٫ appoints and removes the Premier٫ Vice Premiers٫ State Councillors٫
Ministers in charrrge of ministries or commissions٫ and the Auditor General
and the Secretary General of the State Council; confers state medals and
titles of honor; issues orders of special pardons; proclaims entering of
the state of emergency; proclaims a state of war; and issues mobilization
orders.
Article ۸۱ [Diplomatic Representation]
The President of the People”s Republic of China٫ on behalf of the
People”s Republic of China٫ engages in activities involving State affairs
and receives foreign diplomatic representatives and٫ in pursuance of decisions
of the Standing Committee of the National People”s Congress٫ appoints and
recalls plenipotentiary representatives abroad٫ and ratifies and abrogates
treaties and important agreements concluded with foreign states.
Article ۸۲ [Vice President]
(۱) The Vice President of the People”s Republic of China assists in the work
of the President.
(۲) The Vice President of the People”s Republic of China may exercise such
parts of the functions and powers of the President as may be deputed by the
President.
Article ۸۳ [End of Office]
The President and Vice President of the People”s Republic of China exercise
their functions and powers until the new President and Vice President elected
by the succeeding National People”s Congress assume office.
Article ۸۴ [Vacancy]
(۱) In case the office of the President of the People”s Republic of China
falls vacant٫ the Vice President succeeds to the office of President.
(۲) In case the office of the Vice President of the People”s Republic of
China falls vacant٫ the National People”s Congress shall elect a new Vice
President to fill the vacancy.
(۳) 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 ۸۵ [Governmental Powers]
The State Council٫ that is٫ the Central People”s Government٫ of the
People”s Republic of China is the execccutive body of the highest organ of
state power; it is the highest organ of state administration.
Article ۸۶ [Composition]
(۱) The State Council is composed of the following:
the Premier;
the Vice Premiers;
the State Councillors;
the Ministers in charrrge of ministries٫
the Ministers in charrrge of commissions;
the Auditor General; and
the Secretary General.
(۲) The Premier has overall responsibility for the State Council. The
ministers have overall responsibility for the ministries or commissions under
their charrrge.
(۳۹ The organization of the State Council is prescribed by law.
Article ۸۷ [Term]
(۱) The term of office of the State Council is the same as that of the National
People”s Congress.
(۲) The Premier٫ Vice Premiers٫ and State Councillors shall serve no more than
two consecutive terms.
Article ۸۸ [Premier]
(۱) The Premier directs the work of the State Council. The Vice Premiers
and State Councillors assist in the work of the Premier.
(۲) execccutive meetings of the State Council are composed of the Premier٫ the
Vice Premiers٫ the State Councillors٫ and the Secretary General of the State
Council.
(۳) The Premier convenes and presides over the execccutive meetings and
plenary meetings of the State Council.
Article ۸۹ [Functions and Powers]
The State Council exercises the following functions and powers:
۱. to adopt administrative measures٫ enact administrative rules and
regulations٫ and issue decisions and orders in accordance with the Constitution
and the statutes;
۲. to submit proposals to the National People”s Congress or its Standing
Committee;
۳. to lay down the tasks and responsibilities of the ministries and commissions
of the State Council٫ to exercise unified leadership over the work of the
ministries and commissions٫ and to direct all other administrative work of a
national charrracter that does not fall within the jurisdiction of the
ministries and commissions;
۴. to exercise unified leadership over the work of local organs of state
administration at different levels throughout the country٫ and to lay down the
detailed division of functions and powers between the Central Government and
the organs of state administration of provinces٫ autonomous regions٫ and
municipalities directly under the Central Government;
۵. to draw up and implement the plan for national economic and social
development and the state budget;
۶. to direct and administer economic affairs and urban and rural development;
۷. to direct and administer affairs of education٫ science٫ culture٫ public
health٫ physical culture٫ and family planning;
۸. to direct and administer civil affairs٫ public security٫ judicial
administration٫ supervision٫ and other related matters;
۹. to conduct foreign affairs and conclude treaties and agreements with foreign
states;
۱۰. to direct and administer the building of national defence;
۱۱. to direct and administer affairs concerning the nationalities٫ and to
safeguard the equal rights of minority nationalities and the right of autonomy
of the national autonomous areas;
۱۲. 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;
۱۳. to alter or annul inappropriate orders٫ directives٫ and regulations issued
by the ministries or commissions;
۱۴. to alter or annul inappropriate decisions and orders issued by local organs
of state administration at different levels;
۱۵. 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;
۱۶. in accordance with the provisions of law٫ to decide on entering the state
of emergency in parts of provinces٫ autonomous regions٫ and municipalities
directly under the Central Government;
۱۷. to examine and decide on the size of administrative organs and٫ in
accordance with the law٫ to appoint٫ remove٫ and train administrative officers٫
appraise their work and reward or punish them; and
۱۸. to exercise such other functions and powers as the National People”s
Congress or its Standing Committee may assign it.
Article ۹۰ [Ministers]
(۱) The Ministers in charrrge of ministries or commissions of the State
Council are responsible for the work of their respective departments and
convene and preside over ministerial meetings or commission meetings that
discuss and decide on major issues in the work of their respective departments.
(۲) The ministries and commissions issue orders٫ directives٫ and regulations
within the jurisdiction of their respective departments and in accordance with
the statutes and the administrative rules and regulations٫ decisions٫ and
orders issued by the State Council.
Article ۹۱ [Auditing Body]
(۱) The State Council establishes an auditing body to supervise through
auditing the revenue and expenditure of all departments under the State Council
and of the local governments at different levels٫ and those of the state
financial and monetary organizations and of enterprises and undertakings.
(۲) Under the direction of the Premier of the State Council٫ the auditing body
independently exercises its power to supervise through auditing in accordance
with the law٫ subject to no interference by any other administrative organ or
any public organization or individual.
Article ۹۲ [Report on the Work]
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 ۹۳ [Function٫ Composition٫ Term]
(۱) The Central Military Commission of the People”s Republic of China
directs the armed forces of the country.
(۲) The Central Military Commission is composed of the following:
the Chairman;
the Vice Chairmen; and
members.
(۳) The Chairman of the Central Military Commission has overall responsibility
for the Commission.
(۴) The term of office of the Central Military Commission is the same as that
of the National People”s Congress.
Article ۹۴ [Responsibility]
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 Governments
Article ۹۵ [Local Governments]
(۱) 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.
(۲) The organization of local people”s congresses and local people”s
governments at different levels is prescribed by law.
(۳) 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 ۹۶ [State Power٫ Standing Committees]
(۱) Local people”s congresses at different levels are local organs of state
power.
(۲) Local people”s congresses at and above the county level establish
standing committees.
Article ۹۷ [Deputies]
(۱) 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.
(۲) The number of deputies to local people”s congresses at different levels
and the manner of their election are prescribed by law.
Article ۹۸ [Term]
The term of office of the local people”s congresses at various levels is
five years.
Article ۹۹ [Obedience to the Constitution]
(۱) Local people”s congresses at different levels ensure the observance and
implementation of the Constitution٫ the statutes and the administrative rules
and regulations in their respective administrative areas. Within the limits
of their authority as prescribed by law٫ they adopt and issue resolutions and
examine and decide on plans for local economic and cultural development and for
the development of public services.
(۲) Local people”s congresses at and above the county level examine and
approve the plans for economic and social development and the budgets of their
respective administrative areas٫ and examine and approve reports on their
implementation. They have the power to alter or annul inappropriate
decisions of their own standing committees.
(۳۹ The people”s congresses of nationality townships may٫ within the limits
of their authority as prescribed by law٫ take specific measures suited to the
peculiarities of the nationalities concerned.
Article ۱۰۰ [Obedience to the Central Government]
The people”s congresses of provinces and municipalities directly under the
Central Government٫ and their standing committees٫ may adopt local regulations٫
which must not contravene the Constitution٫ the statutes٫ and the
administrative rules and regulations٫ and they shall report such local
regulations to the Standing Committee of the National People”s Congress for
the record.
Article ۱۰۱ [Power to Elect and Recall Officials]
(۱) At their respective levels٫ local people”s congresses elect٫ and have
the power to recall٫ governors and deputy governors٫ or mayors and deputy
mayors٫ or heads and deputy heads of counties٫ districts٫ townships٫ and towns.
(۲) Local people”s congresses at and above the county level elect٫ and have
the power to recall٫ presidents of people”s courts and chief procurators of
people”s procuratorates at the corresponding level. The election or
recall of chief procurators of people”s procuratorates shall be reported to
the chief procurators of the people”s procuratorates at the next higher
level for submission to the standing committees of the people”s congresses
at the corresponding level for approval.
Article ۱۰۲ [Direct/Imperative Mandate]
(۱) 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.
(۲) The electoral units and constituencies which elect deputies to local
people”s congresses at different levels have the power٫ according to
procedures prescribed by law٫ to recall deputies whom they elected.
Article ۱۰۳ [Responsibility of Standing Committees]
(۱) The standing committee of a local people”s congress at and above the
county level is composed of a chairman٫ vice chairmen and members٫ and is
responsible٫ and reports on its work٫ to the people”s congress at the
corresponding level.
(۲) The local people”s congress at and above the county level elects٫ and
has the power to recall٫ anyone on the standing committee of the people”s
congress at the corresponding level.
(۳) No one on the standing committee of a local people”s congress at and
above the county level shall hold any post in state administrative٫ judicial٫
and procuratorial organs.
Article ۱۰۴ [Functions and Powers]
The standing committee of a Local people”s congress at and above the county
level discusses and decides on major issues in all fields of work in its
administrative area; supervises the work of the people”s government٫
people”s court and people”s procuratorate at the corresponding level;
annuls inappropriate decisions and orders of the people”s government at the
corresponding level; annuls inappropriate resolutions of the people”s
congress at the next lower level; decides on the appointment and removal of
functionaries of state organs within 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 ۱۰۵ [execccutive Bodies]
(۱) Local people”s governments at different levels are the execccutive
bodies of local organs of state power as well as the local organs of state
administration at the corresponding level.
(۲) Local people”s governments at different levels practice the system of
overall responsibility by governors٫ mayors٫ county heads٫ district heads٫
township heads٫ and town heads.
Article ۱۰۶ [Corresponding Terms]
The term of office of local people”s governments at different levels is the
same as that of the people”s congresses at the corresponding level.
Article ۱۰۷ [Administrative Work]
(۱) Local people”s governments at and above the county level٫ within the
limits of their authority as prescribed by law٫ conduct the administrative work
concerning the economy٫ education٫ science٫ culture٫ public health٫ physical
culture٫ urban and rural development٫ finance٫ civil affairs٫ public security٫
nationalities affairs٫ judicial administration٫ supervision٫ and family
planning in their respective administrative areas; issue decisions and
orders; appoint٫ remove٫ and train administrative functionaries٫ appraise
their work and reward or punish them.
(۲) People”s governments of townships٫ nationality townships٫ and towns
carry out the resolutions of the people”s congress at the corresponding
level as well as the decisions and orders of the state administrative organs at
the next higher level and conduct administrative work in their respective
administrative areas.
(۳) People”s governments of provinces and municipalities directly under the
Central Government decide on the establishment and geographic division of
townships٫ nationality townships٫ and towns.
Article ۱۰۸ [Hierarchy of Government]
Local people”s governments at and above the county level direct the work of
their subordinate departments and of people”s governments at lower levels٫
and have the power to alter or annul inappropriate decisions of their
subordinate departments and people”s governments at lower levels.
Article ۱۰۹ [Auditing Bodies]
Auditing bodies are established by local people”s governments at and above
the county level. Local auditing bodies at different levels independently
exercise their power to supervise through auditing in accordance with the law
and are responsible to the people”s government at the corresponding level
and to the auditing body at the next higher level.
Article ۱۱۰ [Responsibility]
(۱) Local people”s governments at different levels are responsible٫ and
report on their work٫ to people”s congresses at the corresponding level.
Local people”s governments at and above the county level are responsible٫
and report on their work٫ to the standing committee of the people”s congress
at the corresponding level when the congress is not in session.
(۲) Local people”s governments at different levels are responsible٫ and
report on their work٫ to the state administrative organs at the next higher
level. Local people”s governments at different levels throughout the
country are state administrative organs under the unified leadership of the
State Council and are subordinate to it.
Article ۱۱۱ [Committees on Grass Roots Level]
(۱) 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.
(۲) 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 Self-Government of National Autonomous Areas
Article ۱۱۲ [Autonomies Areas]
The organs of self-government of national autonomous areas are the people”s
congresses and people”s governments of autonomous regions٫ autonomous
prefectures٫ and autonomous counties.
Article ۱۱۳ [Representation]
(۱) In the people”s congress of an autonomous region٫ prefecture or county٫
in addition to the deputies of the nationality or nationalities exercising
regional autonomy in the administrative area٫ the other nationalities
inhabiting the area are also entitled to appropriate representation.
(۲) The chairmanship and vice chairmanships of the standing committee of the
people”s congress of an autonomous region٫ prefecture or county shall
include a citizen or citizens of the nationality or nationalities exercising
regional autonomy in the area concerned.
Article ۱۱۴ [Nationality of the Administrative Head]
The administrative head of an autonomous region٫ prefecture or county shall be
a citizen of the nationality٫ or of one of the nationalities٫ exercising
regional autonomy in the area concerned.
Article ۱۱۵ [Power of Autonomy]
The organs of self-government of autonomous regions٫ prefectures٫ and counties
exercise the functions and powers of local organs of state as specified in
Section V of Chapter Three of the Constitution. At the same time٫ they
exercise the power of autonomy within the limits of their authority as
prescribed by the Constitution٫ the law of regional national autonomy and other
laws٫ and implement the laws and policies of the state in the light of the
existing local situation.
Article ۱۱۶ [Autonomy Regulations]
People”s congresses of national autonomous areas have the power to enact
autonomy regulations and specific regulations in the light of the political٫
economic٫ and cultural charrracteristics of the nationality or nationalities
in the areas concerned. The autonomy regulations and specific regulations
of autonomous regions shall be submitted to the Standing Committee of the
National People”s Congress for approval before they go into effect.
Those of autonomous prefectures and counties shall be submitted to the standing
committees of the people”s congresses of provinces or autonomous regions for
approval before they go into effect٫ and they shall be reported to the Standing
Committee of the National People”s Congress for the record.
Article ۱۱۷ [Financial Autonomy]
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 ۱۱۸ [Autonomous Development Plans]
(۱) The organs of self-government of the national autonomous areas
independently arrange for and administer local economic development under the
guidance of state plans.
(۲) 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 ۱۱۹ [Autonomous Education]
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 accumulate the cultural
heritage of the nationalities and work for the development and flourishing of
their cultures.
Article ۱۲۰ [Autonomous Security Forces]
The organs of self-government of the national autonomous areas may٫ in
accordance with the military system of the state and concrete local needs and
with the approval of the State Council٫ organize local public security forces
for the maintenance of public order.
Article ۱۲۱ [Autonomous Language]
In performing their functions٫ the organs of self-government of the national
autonomous areas٫ in accordance with the autonomy regulations of the respective
areas٫ employ the spoken and written language or languages in common use in the
locality.
Article ۱۲۲ [Minorities]
(۱) The state gives financial٫ material٫ and technical assistance to the
minority nationalities to accelerate their economic and cultural development.
(۲) The state helps the national autonomous areas train large numbers of cadres
at different levels and specialized personnel and skilled workers of different
professions and trades from among the nationality or nationalities in those
areas.
Section VII The People”s Courts and Procuratorates
Article ۱۲۳ [Judicial Organs]
The people”s courts in the People”s Republic of China are the judicial
organs of the state.
Article ۱۲۴ [Supreme People”s Court]
(۱) The People”s Republic of China establishes the Supreme People”s Court
and the local people”s courts at different levels٫ military courts and other
special people”s courts.
(۲) 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.
(۳) The organization of people”s courts in prescribed by law.
Article ۱۲۵ [Publicity٫ Right of Defence]
All cases handled by the people”s courts٫ except for those involving special
circumstances as specified by law٫ shall be heard in public. The accused
has the right of defence.
Article ۱۲۶ [Independence]
The people”s courts shall٫ in accordance with the law exercise judicial
power independently and are not subject to interference by administrative
organs٫ public organizations٫ or individuals.
Article ۱۲۷ [Highest Judicial Organ]
(۱) The Supreme People”s Court is the highest judicial organ.
(۲) The Supreme People”s Court supervises the administration of justice by
the local people”s courts at different levels and by the special people”s
courts; people”s courts at higher levels supervise the administration of
justice by those at lower levels.
Article ۱۲۸ [Responsibility of the Supreme People”s Court]
The Supreme People”s Court is responsible to the National People”s
Congress and its Standing Committee. Local people”s courts at different
levels are responsible to the organs of state power which createeed them.
Article ۱۲۹ [People”s Procuratorates]
The people”s procuratorates of the People”s Republic of China are state
organs for legal supervision.
Article ۱۳۰ [Supreme People”s Procuratorate]
(۱) The People”s Republic of China establishes the Supreme People”s
Procuratorate and the local people”s procuratorates at different levels٫
military procuratorates٫ and other special people”s procuratorates.
(۲) 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.
(۳) The organization of people”s procuratorates is prescribed by law.
Article ۱۳۱ [Procuratorial Power٫ Independence]
People”s procuratorates shall٫ in accordance with the law٫ exercise
procuratorial power independently and are not subject to interference by
administrative organs٫ public organizations٫ or individuals.
Article ۱۳۲ [Highest Procuratorial Organ]
(۱) The Supreme People”s Procuratorate is the highest procuratorial organ.
(۲) The Supreme People”s Procuratorate directs the work of the local
people”s procuratorates at different levels and of the special people”s
procuratorates; people”s procuratorates at higher levels direct the work
of those at lower levels.
Article ۱۳۳ [Responsibility of Supreme People”s Procuratorate]
The Supreme People”s Procuratorate is responsible to the National
People”s Congress and its Standing Committee. Local people”s
procuratorates at different levels are responsible to the organs of state power
at the corresponding levels which createeed them and to the people”s
procuratorates at the higher level.
Article ۱۳۴ [Language in Trials]
(۱) Citizens of all nationalities have the right to use the spoken and written
languages of their own nationalities in court proceedings. The people”s
courts and people”s procuratorates should provide translation for any party
to the court proceedings who is not familiar with the spoken or written
languages in common use in the locality.
(۲) In an area where people of a minority nationality live in a compact
community or where a number of nationalities live together٫ hearings should be
conducted in the language or languages in common use in the locality;
indictments٫ judgements٫ notices٫ and other documents should be written٫
according to actual needs٫ in the language or languages in common use in the
locality.
Article ۱۳۵ [Independence of Functions]
The people”s courts٫ people”s procuratorates٫ and public security organs
shall٫ in handling criminal cases٫ divide their functions٫ each taking
responsibility for its own work٫ and they shall co-ordinate their efforts and
check each other to ensure correct and effective enforcement of law.
Chapter Four The National Flag٫ the National Anthem٫ the National Emblem
and the Capital
Article ۱۳۶ [National Flag]
(۱) The national flag of the People”s Republic of China is a red flag with
five stars.
(۲) The National Anthem of the People”s Republic of China is the March of
the Volunteers.
Article ۱۳۷ [National Emblem]
The national emblem of the People”s Republic of China is Tian”anmen in
the center illuminated by five stars and encircled by ears of grain and a
cogwheel.
Article ۱۳۸ [Capital]
The capital of the People”s Republic of China is Beijing.