CHINA’S CONSTITUTIONS OF 1982 WITH AMENDMENTS THROUGH 2004
\nMARCH 14TH, 2004
\nChina is a country with one of the longest histories in the world. The people of all ethnic groups in China have jointly created a culture of grandeur and have a glorious revolutionary tradition.
\nAfter 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom.
\nGreat and earthshaking historical changes took place in China in the 20th century.
\nThe Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.
\nAfter waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all ethnic groups led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won the great victory of the New-Democratic Revolution and founded the People’s Republic of China. Since then the Chinese people have taken control of state power and become masters of the country.
\nAfter the founding of the People’s Republic, China gradually achieved its transition from a New-Democratic
\n 2
\nto a socialist society. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man abolished 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 defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China’s national independence and security and strengthened its national defense. Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific, cultural and other undertakings, and education in socialist ideology has produced noteworthy results. The life of the people has improved considerably.
\nBoth 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 numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the Important Thought of the “Three Represents,” the Chinese people of all ethnic groups will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere
\n 3
\nin reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system, work hard and self-reliantly to modernize the country’s industry, agriculture, national defense and science and technology step by step, and promote a coordinated development of material, political and spiritual civilizations to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced.
\nThe exploiting classes as a class have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China’s socialist system and try to undermine it.
\nTaiwan is part of the sacred territory of the People’s Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.
\nIn building socialism it is essential to rely on the workers, farmers and intellectuals and to unite 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, which is composed of the democratic parties and people’s organizations and which embraces all socialist working people, all builders of the socialist cause, all patriots who support socialism and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People’s Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country’s political and social life, in promoting friendship with other countries and in
\n 4
\nthe struggle for socialist modernization and for the reunification and unity of the country. The system of multi-party cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time to come.
\nThe People’s Republic of China is a unitary multi-ethnic state created jointly by the people of all its ethnic groups. Socialist relations of equality, unity and mutual assistance have been established among the ethnic groups and will continue to be strengthened. In the struggle to safeguard the unity of the ethnic groups, it is necessary to combat big-ethnic chauvinism, mainly Han chauvinism, and also to combat local-ethnic chauvinism. The state will do its utmost to promote the common prosperity of all ethnic groups.
\nChina’s achievements in revolution and construction are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with 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.
\nThis Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all ethnic groups and defines the basic system and basic tasks of the state; it is the fundamental law of the state
\n 5
\nand has supreme legal authority. The people of all ethnic groups, all state organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.
\nChapter I
\nGeneral Principles
\nArticle 1. The People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants.
\nThe socialist system is the basic system of the People’s Republic of China. Disruption of the socialist system by any organization or individual is prohibited.
\nArticle 2. All power in the People’s Republic of China belongs to the people.
\nThe National People’s Congress and the local people’s congresses at various levels are the organs through which the people exercise state power.
\nThe people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law.
\nArticle 3. The state organs of the People’s Republic of China apply the principle of democratic centralism.
\nThe National People’s Congress and the local people’s congresses at various levels are constituted through democratic elections. They are responsible to the people and subject to their supervision.
\nAll administrative, judicial and procuratorial organs of the state are created by the people’s congresses to which they are responsible and by which they are supervised.
\n 6
\nThe division of functions and powers between the central and local state organs is guided by the principle of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.
\nArticle 4. All ethnic groups in the People’s Republic of China are equal. The state protects the lawful rights and interests of the minority ethnic groups and upholds and develops a relationship of equality, unity and mutual assistance among all of China’s ethnic groups. Discrimination against and oppression of any ethnic group are prohibited; any act that undermines the unity of the ethnic groups or instigates division is prohibited.
\nThe state assists areas inhabited by minority ethnic groups in accelerating their economic and cultural development according to the characteristics and needs of the various minority ethnic groups.
\nRegional autonomy is practiced in areas where people of minority ethnic groups live in compact communities; in these areas organs of self-government are established to exercise the power of autonomy. All ethnic autonomous areas are integral parts of the People’s Republic of China.
\nAll ethnic groups have the freedom to use and develop their own spoken and written languages and to preserve or reform their own folkways and customs.
\nArticle 5. The People’s Republic of China governs the country according to law and makes it a socialist country ruled by law.
\nThe state upholds the uniformity and dignity of the socialist legal system.
\nNo laws or administrative or local rules and regulations may contravene the Constitution.
\nAll state organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the
\n 7
\nConstitution and the law. All acts in violation of the Constitution or the law must be investigated.
\nNo organization or individual is privileged to be beyond the Constitution or the law.
\nArticle 6. The basis of the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of “from each according to his ability, to each according to his work.”
\nIn the primary stage of socialism, the state upholds the basic economic system with the public ownership remaining dominant and diverse forms of ownership developing side by side, and upholds the distribution system in which the distribution according to work remains dominant and a variety of modes of distribution coexist.
\nArticle 7. The state-owned economy, that is, the socialist economy with 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.
\nArticle 8. Rural collective economic organizations practice the double-tier operation system that combines unified management with independent management, with the household-based output-related contract responsibility system as the basis. Various forms of the cooperative economy in rural areas, such as producers’, supply and marketing, credit and consumers’ cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock.
\n 8
\nThe various forms of cooperative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people.
\nThe 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.
\nArticle 9. All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives in accordance with the law.
\nThe state ensures the rational use of natural resources and protects rare animals and plants. Appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited.
\nArticle 10. Land in the cities is owned by the state.
\nLand 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.
\nThe state may, in the public interest, appropriate or requisition land for its use in accordance with the law, while making compensations.
\nNo organization or individual may appropriate, buy, sell or unlawfully transfer land in other ways. The right to the use of land may be transferred in accordance with the law.
\nAll organizations and individuals using land must ensure its rational use.
\n 9
\nArticle 11. Individual, private and other non-public sectors of the economy that exist within the limits prescribed by law are major components of the socialist market economy.
\nThe state protects the lawful rights and interests of the individual, private and other non-public sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy, and exercises supervision and control over the non-public sectors of the economy in accordance with the law.
\nArticle 12. Socialist public property is inviolable.
\nThe state protects socialist public property. Appropriation or damaging of state or collective property by any organization or individual by whatever means is prohibited.
\nArticle 13. The lawful private property of citizens is inviolable.
\nThe state protects according to law the right of citizens to own and inherit private property.
\nThe state may, in the public interest, appropriate or requisition private property of citizens for its use in accordance with the law, while making compensations.
\nArticle 14. The state continuously raises labor productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving the organization of work.
\nThe state practices strict economy and combats waste.
\nThe state properly apportions accumulation and consumption, concerns itself with the interests of the collective and the individual
\n 10
\nas well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people.
\nThe state builds and improves a social security system that corresponds with the level of economic development.
\nArticle 15. The state practices socialist market economy.
\nThe state shall enhance economic legislation and improve macro-control of the economy.
\nThe state shall, in accordance with the law, prohibit disturbance of the socioeconomic order by any organization or individual.
\nArticle 16. State-owned enterprises have decision-making power with regard to operation and management within the limits prescribed by law.
\nState-owned enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law.
\nArticle 17. Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws.
\nCollective economic organizations practice democratic management, elect and remove their managerial personnel in accordance with the law, and decide on major issues concerning operation and management.
\nArticle 18. The People’s Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic cooperation with Chinese enterprises and other Chinese economic organizations in accordance with the law of the People’s Republic of China.
\nAll foreign enterprises, other foreign economic organizations as well as Chinese-foreign joint ventures within Chinese territory shall
\n 11
\nabide 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.
\nArticle 19. The state undertakes the development of socialist education and works to raise the scientific and cultural level of the whole nation.
\nThe state establishes and administers schools of various types, universalizes compulsory primary education and promotes secondary, vocational and higher education as well as pre-school education.
\nThe state develops educational facilities in order to eliminate illiteracy and provide political, scientific, technical and professional education as well as general education for workers, farmers, state functionaries and other working people. It encourages people to become educated through independent study.
\nThe state encourages the collective economic organizations, state enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with the law.
\nThe state promotes the nationwide use of Putonghua (common speech based on Beijing pronunciation).
\nArticle 20. The state promotes the development of the natural and social sciences, disseminates knowledge of science and technology, and commends and rewards achievements in scientific research as well as technological innovations and inventions.
\nArticle 21. The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and institutions and neighborhood organizations, and promotes health and sanitation activities of a mass character, all for the protection of the people’s health.
\n 12
\nThe state develops physical culture and promotes mass sports activities to improve the people’s physical fitness.
\nArticle 22. The state promotes the development of art and literature, the press, radio and television broadcasting, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings that serve the people and socialism, and it sponsors mass cultural activities.
\nThe state protects sites of scenic and historical interest, valuable cultural monuments and relics and other significant items of China’s historical and cultural heritage.
\nArticle 23. The state trains specialized personnel in all fields who serve socialism, expands the ranks of intellectuals and creates conditions to give full scope to their role in socialist modernization.
\nArticle 24. The state strengthens the building of socialist spiritual civilization by promoting education in high ideals, ethics, general knowledge, discipline and legality, and by promoting the formulation and observance of rules of conduct and common pledges by various sections of the people in urban and rural areas.
\nThe state advocates the civic virtues of love for the motherland, for the people, for labor, for science and for socialism. It conducts education among the people in patriotism and collectivism, in internationalism and communism and in dialectical and historical materialism, to combat capitalist, feudalist and other decadent ideas.
\nArticle 25. The state promotes family planning so that population growth may fit the plans for economic and social development.
\nArticle 26. The state protects and improves the environment in which people live and the ecological environment. It prevents and controls pollution and other public hazards.
\nThe state organizes and encourages afforestation and the protection of forests.
\n 13
\nArticle 27. All state organs carry out the principle of simple and efficient administration, the system of responsibility for work and the system of training functionaries and appraising their performance in order to constantly improve quality of work and efficiency and combat bureaucratism.
\nAll 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 do their best to serve them.
\nArticle 28. The state maintains public order and suppresses treasonable and other criminal activities that endanger state security; it penalizes criminal activities that endanger public security and disrupt the socialist economy, as well as other criminal activities; and it punishes and reforms criminals.
\nArticle 29. The armed forces of the People’s Republic of China belong to the people. Their tasks are to strengthen national defense, resist aggression, defend the motherland, safeguard the people’s peaceful labor, participate in national reconstruction, and do their best to serve the people.
\nThe state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase national defense capability.
\nArticle 30. The administrative division of the People’s Republic of China is as follows:
\n1. The country is divided into provinces, autonomous regions and municipalities directly under the Central Government;
\n2. Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities; and
\n3. Counties and autonomous counties are divided into townships, ethnic townships, and towns.
\n 14
\nMunicipalities 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.
\nAll autonomous regions, autonomous prefectures and autonomous counties are ethnic autonomous areas.
\nArticle 31. The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People’s Congress in the light of the specific conditions.
\nArticle 32. The People’s Republic of China protects the lawful rights and interests of foreigners within Chinese territory; foreigners on Chinese territory must abide by the laws of the People’s Republic of China.
\nThe People’s Republic of China may grant asylum to foreigners who request it for political reasons.
\nChapter II
\nThe Fundamental Rights and Duties of Citizens
\nArticle 33. All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China.
\nAll citizens of the People’s Republic of China are equal before the law.
\nThe state respects and guarantees human rights.
\nEvery citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and the law.
\nArticle 34. All citizens of the People’s Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of
\n 15
\nresidence, except persons deprived of political rights according to law.
\nArticle 35 Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
\nArticle 36. Citizens of the People’s Republic of China enjoy freedom of religious belief.
\nNo 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.
\nThe 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.
\nReligious bodies and religious affairs are not subject to any foreign domination.
\nArticle 37. Freedom of the person of citizens of the People’s Republic of China is inviolable.
\nNo 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.
\nUnlawful detention or deprivation or restriction of citizens’ freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.
\nArticle 38. The personal dignity of citizens of the People’s Republic of China is inviolable. Insult, libel, false accusation or false incrimination directed against citizens by any means is prohibited.
\n 16
\nArticle 39. The residences of citizens of the People’s Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen’s residence is prohibited.
\nArticle 40. Freedom and privacy of correspondence of citizens of the People’s Republic of China are protected by law. No organization or individual may, on any ground, infringe upon citizens’ freedom and privacy of correspondence, except in cases where, to meet the needs of state security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
\nArticle 41. Citizens of the People’s Republic of China have the right to criticize and make suggestions regarding any state organ or functionary. Citizens have the right to make to relevant state organs complaints or charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty; but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited.
\nThe state organ concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them.
\nCitizens who have suffered losses as a result of infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law.
\nArticle 42. Citizens of the People’s Republic of China have the right as well as the duty to work.
\nThrough various channels, the state creates conditions for employment, enhances occupational safety and health, improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits.
\n 17
\nWork is a matter of honor for every citizen who is able to work. All working people in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor.
\nThe state provides necessary vocational training for citizens before they are employed.
\nArticle 43. Working people in the People’s Republic of China have the right to rest.
\nThe state expands facilities for the rest and recuperation of the working people and prescribes working hours and vacations for workers and staff.
\nArticle 44. The state applies the system of retirement for workers and staff of enterprises and institutions and for functionaries of organs of state according to law. The livelihood of retired personnel is ensured by the state and society.
\nArticle 45. Citizens of the People’s Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right.
\nThe state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel.
\nThe state and society help make arrangements for the work, livelihood and education of the blind, deaf-mute and other handicapped citizens.
\nArticle 46. Citizens of the People’s Republic of China have the duty as well as the right to receive education.
\n 18
\nThe state promotes the all-round development of children and young people, morally, intellectually and physically.
\nArticle 47. Citizens of the People’s Republic of China have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The state encourages and assists creative endeavors conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work.
\nArticle 48. Women in the People’s Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.
\nThe state protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.
\nArticle 49. Marriage, the family and mother and child are protected by the state.
\nBoth husband and wife have the duty to practice family planning.
\nParents have the duty to rear and educate their children who are minors, and children who have come of age have the duty to support and assist their parents.
\nViolation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.
\nArticle 50. The People’s Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.
\nArticle 51. Citizens of the People’s Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the state, of society or of the collective, or upon the lawful freedoms and rights of other citizens.
\n 19
\nArticle 52. It is the duty of citizens of the People’s Republic of China to safeguard the unification of the country and the unity of all its ethnic groups.
\nArticle 53. Citizens of the People’s Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe labor discipline and public order and respect social ethics.
\nArticle 54. 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.
\nArticle 55. It is the sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression.
\nIt 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.
\nArticle 56. It is the duty of citizens of the People’s Republic of China to pay taxes in accordance with the law.
\nChapter III
\nThe Structure of the State
\nSection I
\nThe National People’s Congress
\nArticle 57. The National People’s Congress of the People’s Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People’s Congress.
\nArticle 58. The National People’s Congress and its Standing Committee exercise the legislative power of the state.
\nArticle 59. The National People’s Congress is composed of deputies elected from the provinces, autonomous regions, municipalities
\n 20
\ndirectly under the Central Government and special administrative regions and of deputies elected from the armed forces. All the minority ethnic groups are entitled to appropriate representation.
\nElection of deputies to the National People’s Congress is conducted by the Standing Committee of the National People’s Congress.
\nThe number of deputies to the National People’s Congress and the procedure of their election are prescribed by law.
\nArticle 60. The National People’s Congress is elected for a term of five years.
\nThe Standing Committee of the National People’s Congress must ensure the completion of election of deputies to the succeeding National People’s Congress two months prior to the expiration of the term of office of the current National People’s Congress. Should extraordinary circumstances prevent such an election, it may be postponed and the term of office of the current National People’s Congress extended by the decision of a vote of more than two-thirds of all those on the Standing Committee of the current National People’s Congress. The election of deputies to the succeeding National People’s Congress must be completed within one year after the termination of such extraordinary circumstances.
\nArticle 61. The National People’s Congress meets in session once a year and is convened by its Standing Committee. A session of the National People’s Congress may be convened at any time the Standing Committee deems it necessary or when more than one-fifth of the deputies to the National People’s Congress so propose.
\nWhen the National People’s Congress meets, it elects a presidium to conduct its session.
\nArticle 62. The National People’s Congress exercises the following functions and powers:
\n1. To amend the Constitution;
\n2. To supervise the enforcement of the Constitution;
\n 21
\n3. To enact and amend basic laws governing criminal offences, civil affairs, the state organs and other matters;
\n4. To elect the president and the vice president of the People’s Republic of China;
\n5. To decide on the choice of the premier of the State Council upon nomination by the president of the People’s Republic of China, and on the choice of the vice premiers, state councilors, ministers in charge of ministries or commissions, the auditor-general and the secretary-general of the State Council upon nomination by the premier;
\n6. To elect the chairman of the Central Military Commission and, upon nomination by the chairman, to decide on the choice of all other members of the Central Military Commission;
\n7. To elect the president of the Supreme People’s Court;
\n8. To elect the procurator-general of the Supreme People’s Procuratorate;
\n9. To examine and approve the plan for national economic and social development and the report on its implementation;
\n10. To examine and approve the state budget and the report on its implementation;
\n11. To alter or annul inappropriate decisions of the Standing Committee of the National People’s Congress;
\n12. To approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government;
\n13. To decide on the establishment of special administrative regions and the systems to be instituted there;
\n 22
\n14. To decide on questions of war and peace; and
\n15. To exercise such other functions and powers as the highest organ of state power should exercise.
\nArticle 63. The National People’s Congress has the power to remove from office the following persons:
\n1. The president and the vice president of the People’s Republic of China;
\n2. The premier, vice premiers, state councilors, ministers in charge of ministries or commissions, the auditor-general and the secretary-general of the State Council;
\n3. The chairman of the Central Military Commission and other members on the commission;
\n4. The president of the Supreme People’s Court; and
\n5. The procurator-general of the Supreme People’s Procuratorate.
\nArticle 64. Amendments to the Constitution are to be proposed by the Standing Committee of the National People’s Congress or by more than one-fifth of the deputies to the National People’s Congress and adopted by a vote of more than two-thirds of all the deputies to the Congress.
\nLaws and resolutions are to be adopted by a vote of more than half of all the deputies to the National People’s Congress.
\nArticle 65. The Standing Committee of the National People’s Congress is composed of the following:
\n\u2022 The chairman; <\/p>\n
\u2022 The vice chairmen; <\/p>\n
\u2022 The secretary-general; and <\/p>\n
23 <\/p>\n
\u2022 The members. <\/p>\n
Minority ethnic groups are entitled to appropriate representation on the Standing Committee of the National People’s Congress.
\nThe National People’s Congress elects, and has the power to recall, members of its Standing Committee.
\nNo one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, judicial or procuratorial organs of the state.
\nArticle 66. The Standing Committee of the National People’s Congress is elected for the same term as the National People’s Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the succeeding National People’s Congress.
\nThe chairman and vice chairmen of the Standing Committee shall serve no more than two consecutive terms.
\nArticle 67. The Standing Committee of the National People’s Congress exercises the following functions and powers:
\n1. To interpret the Constitution and supervise its enforcement;
\n2. To enact and amend laws, with the exception of those which should be enacted by the National People’s Congress;
\n3. To partially supplement and amend, when the National People’s Congress is not in session, laws enacted by the National People’s Congress provided that the basic principles of these laws are not contravened;
\n4. To interpret laws;
\n5. To review and approve, when the National People’s Congress is not in session, partial adjustments to the plan for
\n 24
\nnational economic and social development and to the state budget that prove necessary in the course of their implementation;
\n6. To supervise the work of the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate;
\n7. To annul those administrative rules and regulations, decisions or orders of the State Council that contravene the Constitution or the law;
\n8. 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 law or the administrative rules and regulations;
\n9. To decide, when the National People’s Congress is not in session, on the choice of ministers in charge of ministries or commissions, the auditor-general or the secretary-general of the State Council upon nomination by the premier of the State Council;
\n10. To decide, upon nomination by the chairman of the Central Military Commission, on the choice of other members of the commission, when the National People’s Congress is not in session;
\n11. To appoint or remove, at the recommendation of the president of the Supreme People’s Court, the vice presidents and judges of the Supreme People’s Court, members of its Judicial Committee and the president of the Military Court;
\n12. To appoint or remove, at the recommendation of the procurator-general of the Supreme People’s Procuratorate, the deputy procurators-general and procurators of the Supreme People’s Procuratorate, members of its Procuratorial Committee and the chief procurator of the Military Procuratorate, and to approve the appointment or removal of
\n 25
\nthe chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;
\n13. To decide on the appointment or recall of plenipotentiary representatives abroad;
\n14. To decide on the ratification or abrogation of treaties and important agreements concluded with foreign states;
\n15. To institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;
\n16. To institute state medals and titles of honor and decide on their conferment;
\n17. To decide on the granting of special pardons;
\n18. To decide, when the National People’s Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression;
\n19. To decide on general mobilization or partial mobilization;
\n20. To decide on the entry into a state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government; and
\n21. To exercise such other functions and powers as the National People’s Congress may assign to it.
\nArticle 68. The chairman of the Standing Committee of the National People’s Congress directs the work of the Standing Committee and convenes its meetings. The vice chairmen and the secretary-general assist the chairman in his work.
\n 26
\nThe chairman, the vice chairmen and the secretary-general constitute the Council of Chairmen which handles the important day-to-day work of the Standing Committee of the National People’s Congress.
\nArticle 69. The Standing Committee of the National People’s Congress is responsible to the National People’s Congress and reports on its work to the Congress.
\nArticle 70. The National People’s Congress establishes an Ethnic Affairs Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs 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.
\nThe 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.
\nArticle 71. The National People’s Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports.
\nAll organs of state, public organizations and citizens concerned are obliged to furnish necessary information to the committees of inquiry when they conduct investigations.
\nArticle 72. Deputies to the National People’s Congress and members of 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.
\nArticle 73. Deputies to the National People’s Congress and members of its Standing Committee have the right, during the sessions of the Congress and the meetings of the Committee, to address questions, in accordance with procedures prescribed by
\n 27
\nlaw, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.
\nArticle 74. No deputy to the National People’s Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People’s Congress or, when the National People’s Congress is not in session, without the consent of its Standing Committee.
\nArticle 75. Deputies to the National People’s Congress may not be held legally liable for their speeches or votes at its meetings.
\nArticle 76. Deputies to the National People’s Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in public activities, production and other work, assist in the enforcement of the Constitution and the law.
\nDeputies to the National People’s Congress should maintain close contact with the units, which elected them and with the people, heed and convey the opinions and demands of the people and work hard to serve them.
\nArticle 77. Deputies to the National People’s Congress are subject to supervision by the units, which elected them. The electoral units have the power, through procedures prescribed by law, to recall deputies they elected.
\nArticle 78. The organization and working procedures of the National People’s Congress and its Standing Committee are prescribed by law.
\nSection II
\nThe President of the People’s Republic of China
\nArticle 79. The president and vice president of the People’s Republic of China are elected by the National People’s Congress.
\nCitizens of the People’s Republic of China who have the right to vote and to stand for election and who have reached the age of 45
\n 28
\nare eligible for election as president or vice president of the People’s Republic of China.
\nThe 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.
\nArticle 80. The president of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress and its Standing Committee, promulgates statutes; appoints or removes the premier, vice premiers, state councilors, ministers in charge of ministries or commissions, the auditor-general and the secretary-general of the State Council; confers state medals and titles of honor; issues orders of special pardons; proclaims a state of emergency; proclaims a state of war; and issues mobilization orders.
\nArticle 81. The president of the People’s Republic of China conducts state affairs and receives foreign diplomatic representatives on behalf of the People’s Republic of China and, in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states.
\nArticle 82. The vice president of the People’s Republic of China assists the president in his work.
\nThe vice president of the People’s Republic of China may exercise such functions and powers of the president as the president may entrust to him.
\nArticle 83. The president and vice president of the People’s Republic of China exercise their functions and powers until the new president and vice president elected by the succeeding National People’s Congress assume office.
\n 29
\nArticle 84. In the event that the office of the president of the People’s Republic of China falls vacant, the vice president succeeds to the office of the president.
\nIn the event that 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.
\nIn 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.
\nSection III
\nThe State Council
\nArticle 85. The State Council, that is, the Central People’s Government, of the People’s Republic of China is the executive body of the highest organ of state power; it is the highest organ of state administration.
\nArticle 86. The State Council is composed of the following:
\n\u2022 The premier; <\/p>\n
\u2022 The vice premiers; <\/p>\n
\u2022 The state councilors; <\/p>\n
\u2022 The ministers in charge of ministries; <\/p>\n
\u2022 The ministers in charge of commissions; <\/p>\n
\u2022 The auditor-general; and <\/p>\n
\u2022 The secretary-general. <\/p>\n
30
\nThe premier assumes overall responsibility for the work of the State Council. The ministers assume overall responsibility for the work of the ministries and commissions.
\nThe organization of the State Council is prescribed by law.
\nArticle 87. The term of office of the State Council is the same as that of the National People’s Congress.
\nThe premier, vice premiers and state councilors shall serve no more than two consecutive terms.
\nArticle 88. The premier directs the work of the State Council. The vice premiers and state councilors assist the premier in his work.
\nExecutive meetings of the State Council are to be attended by the premier, the vice premiers, the state councilors and the secretary-general of the State Council.
\nThe premier convenes and presides over the executive meetings and plenary meetings of the State Council.
\nArticle 89. The State Council exercises the following functions and powers:
\n1. To adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the law;
\n2. To submit proposals to the National People’s Congress or its Standing Committee;
\n3. To formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;
\n 31
\n4. To exercise unified leadership over the work of local organs of state administration at various levels throughout the country, and to formulate the detailed division of functions and powers between the Central Government and the organs of state administration of provinces, autonomous regions, and municipalities directly under the Central Government;
\n5. To draw up and implement the plan for national economic and social development and the state budget;
\n6. To direct and administer economic affairs and urban and rural development;
\n7. To direct and administer the affairs of education, science, culture, public health, physical culture and family planning;
\n8. To direct and administer civil affairs, public security, judicial administration, supervision and other related matters;
\n9. To conduct foreign affairs and conclude treaties and agreements with foreign states;
\n10. To direct and administer the building of national defense;
\n11. To direct and administer affairs concerning the ethnic groups and to safeguard the equal rights of minority ethnic groups and the right to autonomy of the ethnic autonomous areas;
\n12. 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;
\n13. To alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions;
\n 32
\n14. To alter or annul inappropriate decisions and orders issued by local organs of state administration at various levels;
\n15. 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;
\n16. To decide in accordance with the law on the entry into a state of emergency in parts of provinces, autonomous regions and municipalities directly under the Central Government;
\n17. To examine and decide on the size of administrative organs and, in accordance with the law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and
\n18. To exercise such other functions and powers as the National People’s Congress or its Standing Committee may assign it.
\nArticle 90. Ministers in charge of ministries or commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments.
\nThe ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the law and the administrative rules and regulations, decisions and orders issued by the State Council.
\nArticle 91. The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial
\n 33
\nand monetary organizations, enterprises and institutions of the state.
\nUnder the direction of the premier of the State Council, the auditing body independently exercises its power of supervision through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual.
\nArticle 92. The State Council is responsible and reports on its work to the National People’s Congress or, when the National People’s Congress is not in session, to its Standing Committee.
\nSection IV
\nThe Central Military Commission
\nArticle 93. The Central Military Commission of the People’s Republic of China directs the armed forces of the country.
\nThe Central Military Commission is composed of the following:
\n\u2022 The chairman; <\/p>\n
\u2022 The vice chairmen; and <\/p>\n
\u2022 The members. <\/p>\n
The chairman assumes overall responsibility for the work of the Central Military Commission.
\nThe term of office of the Central Military Commission is the same as that of the National People’s Congress.
\nArticle 94. The chairman of the Central Military Commission is responsible to the National People’s Congress and its Standing Committee.
\nSection V
\nThe Local People’s Congresses and the Local People’s Governments at Various Levels
\n 34
\nArticle 95. People’s congresses and people’s governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, ethnic townships and towns.
\nThe organization of local people’s congresses and local people’s governments at various levels is prescribed by law.
\nOrgans 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 III of the Constitution.
\nArticle 96. Local people’s congresses at various levels are local organs of state power.
\nLocal people’s congresses at and above the county level establish standing committees.
\nArticle 97. Deputies to the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts are elected by the people’s congresses at the next lower level; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns are elected directly by their constituencies.
\nThe number of deputies to local people’s congresses at various levels and the manner of their election are prescribed by law.
\nArticle 98. The term of office of local people’s congresses at various levels is five years.
\nArticle 99. Local people’s congresses at various levels ensure the observance and implementation of the Constitution and the law and the administrative rules and regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine
\n 35
\nand decide on plans for local economic and cultural development and for the development of public services.
\nLocal people’s congresses at and above the county level shall examine and approve the plans for economic and social development and the budgets of their respective administrative areas and examine and approve reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees.
\nThe people’s congresses of ethnic townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the ethnic groups concerned.
\nArticle 100. The people’s congresses of provinces and municipalities directly under the Central Government and their standing committees may adopt local regulations, which must not contravene the Constitution and the law and 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.
\nArticle 101. Local people’s congresses at their respective levels 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.
\nLocal 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.
\nArticle 102. Deputies to the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people’s congresses of counties, cities
\n 36
\nnot divided into districts, municipal districts, townships, ethnic townships and towns are subject to supervision by their constituencies.
\nThe electoral units and constituencies, which elect deputies to local people’s congresses at various levels, have the power to recall the deputies according to procedures prescribed by law.
\nArticle 103. The standing committee of a local people’s congress at or 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.
\nA local people’s congress at or above the county level elects, and has the power to recall, members of its standing committee.
\nNo one on the standing committee of a local people’s congress at or above the county level shall hold office in state administrative, judicial and procuratorial organs.
\nArticle 104. The standing committee of a local people’s congress at or above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people’s government, people’s court and people’s procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people’s government at the corresponding level; annuls inappropriate resolutions of the people’s congress at the next lower level; decides on the appointment or removal of functionaries of state organs within the limits of its authority as prescribed by law; and, when the people’s congress at the corresponding level is not in session, recalls individual deputies to the people’s congress at the next higher level and elects individual deputies to fill vacancies in that people’s congress.
\nArticle 105. Local people’s governments at various levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding levels.
\n 37
\nGovernors, mayors and heads of counties, districts, townships and towns assume overall responsibility for local people’s governments at various different levels.
\nArticle 106. The term of office of local people’s governments at various levels is the same as that of the people’s congresses at the corresponding levels.
\nArticle 107. Local people’s governments at and above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train them, appraise their performance and reward or punish them.
\nPeople’s governments of townships, ethnic townships, and towns execute the resolutions of the people’s congress at the corresponding level as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas.
\nPeople’s governments of provinces and municipalities directly under the Central Government decide on the establishment and geographic division of townships, ethnic townships, and towns.
\nArticle 108. Local people’s governments at and above the county level direct the work of their subordinate departments and of people’s governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and of the people’s governments at lower levels.
\nArticle 109. Auditing bodies are established by local people’s governments at and above the county level. Local auditing bodies at various levels independently exercise their power of supervision through auditing in accordance with the law and are responsible to the people’s government at the corresponding level and to the auditing body at the next higher level.
\n 38
\nArticle 110. Local people’s governments at various levels are responsible and report on their work to people’s congresses at the corresponding levels. Local people’s governments at and above the county level are responsible and report on their work to the standing committees of the people’s congresses at the corresponding levels when the congresses are not in session.
\nLocal people’s governments at various levels are responsible and report on their work to the state administrative organs at the next higher level. Local people’s governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to it.
\nArticle 111. The residents’ committees and villagers’ committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. The chairman, vice chairmen and members of each residents’ or villagers’ committee are elected by the residents. The relationship between the residents’ and villagers’ committees and the grass-roots organs of state power is prescribed by law.
\nThe residents’ and villagers’ committees establish sub-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.
\nSection VI
\nThe Organs of Self-Government of Ethnic Autonomous Areas
\nArticle 112. The organs of self-government of ethnic autonomous areas are the people’s congresses and people’s governments of autonomous regions, autonomous prefectures and autonomous counties.
\nArticle 113. In the people’s congress of an autonomous region, prefecture or county, in addition to the deputies of the ethnic group exercising regional autonomy in the administrative area, the other
\n 39
\nethnic groups inhabiting the area are also entitled to appropriate representation.
\nAmong the chairman and vice chairmen of the standing committee of the people’s congress of an autonomous region, prefecture or county there shall be one or more citizens of the ethnic group or ethnic groups exercising regional autonomy in the area concerned.
\nArticle 114. The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the ethnic group exercising regional autonomy in the area concerned.
\nArticle 115. The organs of self-government of autonomous regions, prefectures and counties exercise the functions and powers of local organs of state as specified in Section V of Chapter III of the Constitution. At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the Law of the People’s Republic of China on Regional Ethnic Autonomy and other laws and implement the laws and policies of the state in the light of the existing local situation.
\nArticle 116. The people’s congresses of ethnic autonomous areas have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the ethnic group or ethnic groups in the areas concerned. The regulations on the exercise of autonomy and other separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People’s Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people’s congresses of provinces 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.
\nArticle 117. The organs of self-government of the ethnic autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the ethnic autonomous areas under the financial system of the state shall be
\n 40
\nmanaged and used by the organs of self-government of those areas on their own.
\nArticle 118. The organs of self-government of the ethnic autonomous areas independently arrange for and administer local economic development under the guidance of state plans.
\nIn exploiting natural resources and building enterprises in the ethnic autonomous areas, the state shall give due consideration to the interests of those areas.
\nArticle 119. The organs of self-government of the ethnic autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas, protect and sift through the cultural heritage of the ethnic groups and work for a vigorous development of their cultures.
\nArticle 120. The organs of self-government of the ethnic autonomous areas may, in accordance with the military system of the state and practical local needs and with the approval of the State Council, organize local public security forces for the maintenance of public order.
\nArticle 121. In performing their functions, the organs of self-government of the ethnic autonomous areas, in accordance with the regulations on the exercise of autonomy in those areas, employ the spoken and written language or languages in common use in the locality.
\nArticle 122. The state provides financial, material and technical assistance to the minority ethnic groups to accelerate their economic and cultural development.
\nThe state helps the ethnic autonomous areas train large numbers of cadres at various levels and specialized personnel and skilled workers of various professions and trades from among the ethnic group or ethnic groups in those areas.
\nSection VII
\nThe People’s Courts and the People’s Procuratorates
\n 41
\nArticle 123. The people’s courts of the People’s Republic of China are the judicial organs of the state.
\nArticle 124. The People’s Republic of China establishes the Supreme People’s Court and the people’s courts at various local levels, military courts and other special people’s courts.
\nThe 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.
\nThe organization of the people’s courts is prescribed by law.
\nArticle 125. Except in special circumstances as specified by law, all cases in the people’s courts are heard in public. The accused has the right to defense.
\nArticle 126. The people’s courts exercise judicial power independently, in accordance with the provisions of the law, and are not subject to interference by any administrative organ, public organization or individual.
\nArticle 127. The Supreme People’s Court is the highest judicial organ.
\nThe Supreme People’s Court supervises the administration of justice by the people’s courts at various local levels and by the special people’s courts. People’s courts at higher levels supervise the administration of justice by those at lower levels.
\nArticle 128. The Supreme People’s Court is responsible to the National People’s Congress and its Standing Committee. Local people’s courts at various levels are responsible to the organs of state power, which created them.
\nArticle 129. The people’s procuratorates of the People’s Republic of China are state organs for legal supervision.
\n 42
\nArticle 130. The People’s Republic of China establishes the Supreme People’s Procuratorate and the people’s procuratorates at various local levels, military procuratorates and other special people’s procuratorates.
\nThe 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.
\nThe organization of people’s procuratorates is prescribed by law.
\nArticle 131. The people’s procuratorates exercise procuratorial power independently, in accordance with the provisions of the law, and are not subject to interference by any administrative organ, public organization or individual.
\nArticle 132. The Supreme People’s Procuratorate is the highest procuratorial organ.
\nThe Supreme People’s Procuratorate directs the work of the people’s procuratorates at various local levels and of the special people’s procuratorates. People’s procuratorates at higher levels direct the work of those at lower levels.
\nArticle 133. The Supreme People’s Procuratorate is responsible to the National People’s Congress and its Standing Committee. People’s procuratorates at various local levels are responsible to the organs of state power, which created them and to the people’s procuratorates at higher levels.
\nArticle 134. Citizens of all ethnic groups have the right to use the spoken and written languages of their own ethnic groups in court proceedings. The people’s courts and people’s procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality.
\nIn an area where people of a minority ethnic group live in a compact community or where a number of ethnic groups live together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages commonly used in the locality.
\nArticle 135. The people’ s courts, people’s procuratorates and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of the law.
\nChapter IV
\nThe National Flag, the National Anthem, the National Emblem and the Capital
\nArticle 136. The national flag of the People’s Republic of China is a red flag with five stars.
\nThe national anthem of the People’s Republic of China is March of the Volunteers.
\nArticle 137. The national emblem of the People’s Republic of China consists of an image of Tiananmen in its center illuminated by five stars and encircled by ears of grain and a cogwheel.
\nArticle 138. The capital of the People’s Republic of China is Beijing. <\/p>\n
Constitutional Text: China 1982, Amended 2004<\/p>\n","protected":false},"excerpt":{"rendered":"
Constitutional Text: China Constituion of 1982, Amended in 2004 in Europe CHINA’S CONSTITUTIONS OF 1982 WITH AMENDMENTS THROUGH 2004 MARCH 14TH, 2004 China is a country with one of the longest histories in the world. The people of all ethnic groups in China have jointly created a culture […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,232,52],"tags":[239,248,23,82],"_links":{"self":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6117"}],"collection":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/comments?post=6117"}],"version-history":[{"count":0,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/posts\/6117\/revisions"}],"wp:attachment":[{"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/media?parent=6117"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/categories?post=6117"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawlegal.eu\/wp-json\/wp\/v2\/tags?post=6117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}