Constitution of the People's Republic of China (Adopted on December 4, 1982)
PREAMBLE
China is one of the
countries with the longest histories in the world.
The people of all nationalities in China have jointly
created a splendid culture and have a glorious revolutionary
tradition. Feudal China was gradually reduced after
1840 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
20th century. The Revolution of 1911, led by Dr Sun
Yat-sen, abolished the feudal monarchy and gave birth
to the Republic of China. But the Chinese people
had yet to fulfil 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 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. Thereupon the Chinese
people took state power into their own hands and
became masters 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.
The basic task of the
nation in the years to come is to concentrate its
effort on socialist modernization. Under the
leadership of the Communist Party of China and the
guidance of Marxism- Leninism and Mao ZedongThought,
the Chinese people of all nationalities will continue
to adhere to the people's democratic dictatorship
and follow the socialist road, steadily improve socialist
institutions, develop socialist democracy, improve
the socialist legal system and work hard and self-reliantly
to modernize industry, agriculture, national defence
and science and technology step by step to turn China
into a socialist country with a high level of culture
and democracy. The exploiting classes as such have
been 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 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 People's Republic of China is a unitary multi-national
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
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. 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
I. GENERAL PRINCIPLES
Article 1. The People's
Republic of China is a socialist state under
the people's democratic dictatorship led by the working
class and based on the alliance of workers and peasants.
The socialist system is the basic system of the People's
Republic of China. Sabotage of the socialist system
by any organization or individual is prohibited.
Article 2. All power
in the People's Republic of China belongs to
the people. The organs through which the people exercise
state power are the National People's Congress and
the local people's congresses at different levels.
The people administer state affairs and manage economic,
cultural and social affairs through various channels
and in various ways in accordance with the law.
Article 3. The state
organs of the People's Republic of China apply the
principle of democratic centralism. The National
People's Congress and the local people's congresses
at different levels are instituted through democratic
election. They are responsible to the people and
subject to their supervision. All administrative,
judicial and procuratorial organs of the state are
created by the people's congresses to which they
are responsible and under whose supervision they
operate. 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 4. All nationalities
in the People's Republic of China are equal.
The state protects the lawful rights and interests
of the minority nationalities and upholds and develops
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. Regional autonomy
is practised 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. 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 5. The state
upholds the uniformity and dignity of the socialist
legal system. No law or administrative or local
rules and regulations shall contravene the constitution.
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 investigated. No organization
or individual may enjoy the privilege of being above
the Constitution and the law.
Article 6. The basis
of the socialist economic system of the People's
Republic of China is socialist public ownership of
the means of production, namely, ownership by
the whole people and collective ownership by the
working people. 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.
Article 7. The state
economy is the sector of socialist economy under
ownership by the whole people; it is the leading
force in the national economy. The state ensures
the consolidation and growth of the state economy.
Article 8. Rural people's
communes, agricultural producers' co-operatives,
and other forms of co- operative economy such
as producers' supply and marketing, credit and consumers
co-operatives, 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 private plots of cropland and hilly
land, engage in household sideline production and
raise privately owned livestock. The various forms
of co-operative economy in the cities and towns,
such as those in the handicraft, industrial, building,
transport, commerical and service trades, all belong
to the sector of socialist economy under collective
ownership by the working people. The state protects
the lawful rights and interests of the urban and
rural economic collectives and encourages, guides
and helps the growth of the collective economy.
Article 9. 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. 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 10. Land in
the cities is owned by the state. Land in the
rural and suburban areas is owned by collectives
except for those portions which belong to the state
in accordance with the law; house sites and private
plots of cropland and hilly land are also owned by
collectives. The state may in the public interest
take over land for its use in accordance with the
law. No organization or individual may appropriate,
buy, sell or lease land, or unlawfully transfer land
in other ways. All organizations and individuals
who use land must make rational use of the land.
Article 11. The individual
economy of urban and rural working people, operated
within the limits prescribed by law, is a complement
to the socialist public economy. The state protects
the lawful rights and interests of the individual
economy. The state guides, helps and supervises the
individual economy by exercising administrative control.
Article 12. Socialist
public property is sacred and inviolable. 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 13. The state
protects the right of citizens to own lawfully earned
income, savings, houses and other lawful property.
The state protects by law the right of citizens to
inherit private property.
Article 14. The state
continuously raises labour 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. The state practises strict
economy and combats waste. 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.
Article 15. The state
practises economic planning on the basis of socialist
public ownership. It ensures the proportionate
and co-ordinated growth of the national economy through
overall balancing by economic planning and the supplementary
role of regulation by the market. Disturbance of
the orderly functioning of the social economy or
disruption of the state economic plan by any organization
or individual is prohibited.
Article 16. State enterprises
have decision-making power in operation and management
within the limits prescribed by law, on condition
that they submit to unified leadership by the state
and fulfil all their obligations under the state
plan. State enterprises practise democratic management
through congresses of workers and staff and in other
ways in accordance with the law.
Article 17. Collective
economic organizations have decision-making power
in conducting independent economic activities,
on condition that they accept the guidance of the
state plan and abide by the relevant laws. Collective
economic organizations practise democratic management
in accordance with the law, with the entire body
of their workers electing or removing their managerial
personnel and deciding on major issues concerning
operation and management.
Article 18. The People's
Republic of China permits foreign enterprises, other
foreign economic organizations and individual foreigners
to invest in China and to enter into various
forms of economic co-operation with Chinese enterprises
and other economic organizations in accordance with
the law of the People's Republic of China. 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 19. The state
develops socialist educational undertakings and works
to raise the scientific and cultural level of the
whole nation. The state runs schools of various
types, makes primary education compulsory and universal,
develops secondary, vocational and higher education
and promotes pre-school education. 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 self- study. The state 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. The
state promotes the nationwide use of Putonghua (common
speech based on Beijing pronunciation).
Article 20. 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 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 undertakings and
neighbourhood organizations, and promotes sanitation
activities of a mass character, all to protect the
people's health. The state develops physical culture
and promotes mass sports activities to build up the
people's physique.
Article 22. The state
promotes the development of literature and art,
the press, broadcasting and television undertakings,
publishing and distribution services, libraries,
museums, cultural centres and other cultural undertakings,
that serve the people and socialism, and sponsors
mass cultural activities. The state protects places
of scenic and historical interest,valuable cultural
monuments and relics and other important items of
China's historical and cultural heritage.
Article 23. The state
trains specialized personnel in all fields who
serve socialism, increases the number of intellectuals
and creates conditions to give full scope to their
role in socialist modernization.
Article 24. 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. The state advocates the civic virtues
of love for the motherland, for the people, for labour,
for science and for socialism; it educates the people
in patriotism, collectivism, internationalism and
communism and in dialectical and historical materialism;
it combats the decadent ideas of capitalism and feudalism
and other decadent ideas.
Article 25. The state
promotes family planning so that population growth
may fit the plans for economic and social development.
Article 26. The state
protects and improves the living environment and
the ecological environment, and prevents and controls
pollution and other public hazards. The state organizes
and encourages afforestation and the protection of
forests.
Article 27. All state
organs carry out the principle of simple and efficient
administration, the system of responsibility
for work and the system of training functionaries
and appraising their work in order constantly to
improve quality of work and efficiency and combat
bureaucratism. 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 28. The state
maintains public order and suppresses treasonable
and other counter- revolutionary activities;
it penalizes actions that endanger public security
and disrupt the socialist economy and other criminal
activities, and punishes and reforms criminals.
Article 29. The armed
forces of the People's Republic of China belong to
the people. Their tasks are to strengthen national
defence, resist aggression, defend the motherland,
safeguard the people's peaceful labour, participate
in national reconstruction, and work hard to serve
the people. The state strengthens the revolutionization,
modernization and regularization of the armed forces
in order to increase the national defence capability.
Article 30. The administrative
division of the People's Republic of China is as
follows: (1) The country is divided into provinces,
autonomous regions and municipalities directly under
the Central Government; (2) Provinces and autonomous
regions are divided into autonomous prefectures,
counties, autonomous counties and cities; (3) Counties
and autonomous counties are divided into townships,
nationality townships and towns. Municipalities directly
under the Central Government and other large cities
are divided into districts and counties. Autonomous
prefectures are divided into counties, autonomous
counties, and cities. All autonomous regions, autonomous
prefectures and autonomous counties are national
autonomous areas.
Article 31. The state
may establish special administrative regions when
necessary. The systems to be instituted in special
administrative regions shall be prescribed by law
enacted by the National People's Congress in the
light of the specific conditions.
Article 32. 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. The
People's Republic of China may grant asylum to foreigners
who request it for political reasons.
CHAPTER
II. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Article 33. All persons
holding the nationality of the People's Republic
of China are citizens of the People's Republic
of China. All citizens of the People's Republic of
China are equal before the law. Every citizen enjoys
the rights and at the same time must perform the
duties prescribed by the Constitution and the law.
Article 34. All citizens
of the People's Republic of China who have reached
the age of 18 have the right to vote and stand
for election, regardless of 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 35. Citizens
of the People's Republic of China enjoy freedom of
speech, of the press, of assembly, of association,
of procession and of demonstration.
Article 36. Citizens
of the People's Republic of China enjoy freedom of
religious belief. No state organ, public organization
or individual may compel citizens to believe in,
or not to believe in, any religion; nor may they
discriminate against citizens who believe in, or
do not believe in, any religion. The state protects
normal religious activities. No one may make use
of religion to engage in activities that disrupt
public order, impair the health of citizens or interfere
with the educational system of the state. Religious
bodies and religious affairs are not subject to any
foreign domination.
Article 37. The freedom
of person of citizens of the People's Republic of
China is inviolable. 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.
Unlawful deprivation or restriction of citizens'
freedom of person by detention or other means is
prohibited; and unlawful search of the person of
citizens is prohibited. Article 38. The personal
dignity of citizens of the People's Republic of China
is inviolable. Insult, libel, false charge or frame-up
directed against citizens by any means is prohibited.
Article 39. 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 40. 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 offences, public security or procuratorial
organs are permitted to censor correspondence in
accordance with procedures prescribed by law.
Article 41. Citizens
of the People's Republic of China have the right
to criticize and make suggestions to any state organ
or functionary. Citizens have the right to make
to relevant state organs complaints and charges against,
or exposures of, violation of the law or dereliction
of duty by any state organ or functionary; but fabrication
or distortion of facts with the intention of libel
or frame-up is prohibited. In case of complaints,
charges or exposures made by citizens, the state
organ concerned must deal with them in a responsible
manner after ascertaining the facts. No one may suppress
such complaints, charges and exposures, or retaliate
against the citizens making them. Citizens who have
suffered losses through infringement of their civil
rights by any state organ or functionary have the
right to compensation in accordance with the law.
Article 42. Citizens
of the People's Republic of China have the right
as well as the duty to work. Using various channels,
the state creates conditions for employment, strengthens
labour protection, improves working conditions and,
on the basis of expanded production, increases remuneration
for work and social benefits. Work is the glorious
duty of every able-bodied citizen. All working people
in state enterprises and in urban and rural economic
collectives should perform their tasks with an attitude
consonant with their status as masters of the country.
The state promotes socialist labour emulation, and
commends and rewards model and advanced workers.
The state encourages citizens to take part in voluntary
labour. The state provides necessary vocational training
to citizens before they are employed.
Article 43. Working
people in the People's Republic of China have the
right to rest. The state expands facilities for
rest and recuperation of working people, and prescribes
working hours and vacations for workers and staff.
Article 44. 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 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 the social insurance, social relief and
medical and health services that are required to
enable citizens to enjoy this right. The 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. The state and society
help make arrangements for the work, livelihood and
education of the blind, deaf-mute and other handicapped
citizens.
Article 46. Citizens
of the People's Republic of China have the duty as
well as the right to receive education. The state
promotes the all-round moral, intellectual and physical
development of children and young people.
Article 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 endeavours conducive to the
interests of the people made by citizens engaged
in education, science, technology, literature, art
and other cultural work.
Article 48. Women in
the People's Republic of China enjoy equal rights with
men in all spheres of life, political, economic,
cultural and social, and family life. 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 selects cadres from among women.
Article 49. Marriage,
the family, and mother and child are protected by
the state. Both husband and wife have the duty
to practise family planning. 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. Violation of the freedom of
marriage is prohibited. Maltreatment of old people,
women and children is prohibited.
Article 50. The People's
Republic of China protects the legitimate rights
and interests of Chinese nationals residing abroad and
protects the lawful rights and interests of returned
overseas Chinese and of the family members of Chinese
nationals residing abroad.
Article 51. 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 52. 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 53. Citizens
of the People's Republic of China must abide by the
constitution and the law, keep state secrets,
protect public property and observe labour discipline
and public order and respect social ethics.
Article 54. It is the
duty of citizens of the People's Republic of China
to safeguard the security, honour and interests of
the motherland; they must not commit acts detrimental
to the security, honour and interests of the motherland.
Article 55. It is the
sacred obligation of every citizen of the People's
Republic of China to defend the motherland and resist
aggression. It is the honourable duty of citizens
of the People's Republic of China to perform military
service and join the militia in accordance with the
law.
Article 56. It is the
duty of citizens of the People's Republic of China
to pay taxes in accordance with the law.
CHAPTER
III. THE STRUCTURE OF THE STATE
SECTION
1. THE NATIONAL PEOPLE'S CONGRESS
Article 57. The National
People's Congress of the People's Republic of China
is the highest organ of state power. Its permanent
body is the Standing Committee of the National People's
Congress.
Article 58. The National
People's Congress and its Standing Committee exercise
the legislative power of the state.
Article 59. The National
People's Congress is composed of deputies elected
by the provinces, autonomous regions and municipalities
directly under the Central Government, and by the
armed forces. All the minority nationalities
are entitled to appropriate representation. Election
of deputies to the National People's Congress is
conducted by the Standing Committee of the National
People's Congress. The number of deputies to the
National People's Congress and the manner of their
election are prescribed by law.
Article 60. The National
People's Congress is elected for a term of five years.
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 incumbent National People's
Congress, and the term of office of the incumbent
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 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 this necessary,
or when more than one-fifth of the deputies to the
National People's Congress so propose. When the National
People's Congress meets, it elects a presidium to
conduct its session.
Article 62. The National
People's Congress exercises the following functions
and powers:
(1) To amend the Constitution;
(2) To supervise the enforcement
of the Constitution;
(3) To enact and amend
basic statutes concerning criminal offences, civil
affairs, the state organs and other matters;
(4) To elect the President
and the Vice-President of the People's Republic of
China; (previously translated as Chairman and Vice-Chairman
of the People's Republic of China--translator's note.)
(5) To decide on the choice
of the Premier of the State Council upon nomination
by the President of the People's Republic of China,
and to decide on the choice of the Vice-Premiers, State
Councillors, Ministers in charge of Ministries or Commissions
and the Auditor-General and the Secretary-General of
the State Council upon nomination by the Premier;
(6) To elect the Chairman
of the Central Military Commission and, upon his nomination,
to decide on the choice of the other members of the
Central Military Commission;
(7) To elect the President
of the Supreme People's Court;
(8) To elect the Procurator-General
of the Supreme People's Procuratorate;
(9) To examine and approve
the plan for national economic and social development
and the reports on its implementation;
(10) To examine and approve
the state budget and the report on its implementation;
(11) To alter or annul
inappropriate decisions of the Standing Committee of
the National People's Congress;
(12) To approve the establishment
of provinces, autonomous regions, and municipalities
directly under the Central Government;
(13) To decide on the establishment
of special administrative regions and the systems to
be instituted there;
(14) To decide on questions
of war and peace; and
(15) To exercise such other
functions and powers as the highest organ of state
power should exercise.
Article 63. The National
People's Congress has the power to recall or remove
from office the following persons:
(1) The President and the
Vice-President of the People's Republic of China;
(2) The Premier, Vice-Premiers,
State Councillors, Ministers in charge of Ministries
or Commissions and the Auditor-General and the Secretary-General
of the State Council;
(3) The Chairman of the
Central Military Commission and others on the commission;
(4) The President of the
Supreme People's Court; and
(5) The Procurator-General
of the Supreme People's Procuratorate.
Article 64. Amendments
to the Constitution are to be proposed by the Standing
Committee of the National People's Congress or by
more than one-fifth of the deputies to the National
People's Congress and adopted by a majority vote
of more than two-thirds of all the deputies to the
Congress. 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 65. The Standing
Committee of the National People's Congress is composed
of the following: The Chairman; The Vice-Chairmen;
The Secretary-General; and Members. Minority nationalities are
entitled to appropriate representation on the Standing
Committee of the National People's Congress. The
National People's Congress elects, and has the power
to recall, all those on its Standing Committee. 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 66. 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. The Chairman and Vice-Chairmen
of the Standing Committee shall serve no more than
two consecutive terms.
Article 67. The Standing
Committee of the National People's Congress exercises
the following functions and powers:
(1) To interpret the Constitution
and supervise its enforcement;
(2) To enact and amend
statutes with the exception of those which should be
enacted by the National People's Congress;
(3) 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;
(4) To interpret statutes;
(5) 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;
(6) To supervise the work
of the State Council,the Central Military Commission,
the Supreme People's Court and the Supreme People's
Procuratorate;
(7) To annual those administrative
rules and regulations, decisions or orders of the State
Council that contravene the Constitution or the statutes;
(8) 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;
(9) To decide, when the
National People's Congress is not in session, on the
choice of Ministers in charge 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;
(10) 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;
(11) To appoint and remove
the 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;
(12) To appoint and remove
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 at the request 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;
(13) To decide on the appointment
and recall of plenipotentiary representatives abroad;
(14) To decide on the ratification
and abrogation of treaties and important agreements
concluded with foreign states;
(15) To institute systems
of titles and ranks for military and diplomatic personnel
and of other specific titles and ranks;
(16) To institute state
medals and titles of honour and decide on their conferment;
(17) To decide on the granting
of special pardons;
(18) To decide, when the
National People's Congress is not in session, on the
proclamation of 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;
(19) To decide on general
mobilization or partial mobilization;
(20) To decide on the enforcement
of martial law throughout the country or in particular
provinces, autonomous regions or municipalities directly
under the Central Government; and
(21) To exercise such other
functions and powers as the National People's Congress
may assign to it.
Article 68. The Chairman
of the Standing Committee of the National People's
Congress presides over the work of the Standing Committee
and convenes its meetings. The Vice-Chairmen
and the Secretary-General assist the Chairman in
his work. Chairmanship meetings with the participation
of the chairman, vice- chairmen and secretary-general
handle the important day-to-day work of the Standing
Committee of the National People's Congress.
Article 69. The Standing
Committee of the National People's Congress is responsible
to the National People's Congress and reports
on its work to the Congress.
Article 70. The National
People's Congress establishes a Nationalities Committee,
a Law Committee, a Finance and Economic Committee,
an Education, Science, Culture and Public Health
Committee, a Foreign Affairs Committee, an Overseas
Chinese Committee and such other special committees
as are necessary. These special committees work
under the direction of the Standing Committee of
the National People's Congress when the Congress
is not in session. The special committees examine,
discuss and draw up relevant bills and draft resolutions
under the direction of the National People's Congress
and its Standing Committee.
Article 71. The National
People's Congress and its Standing Committee may,
when they deem it necessary, appoint committees of
inquiry into specific questions and adopt relevant
resolutions in the light of their reports. 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 72. 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 73. 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 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 StandingCommittee.
Article 75. Deputies
to the National People's Congress may not be called
to legal account for their speeches or votes at its
meetings.
Article 76. Deputies
to the National People's Congress must play an exemplary
role in abiding by the Constitution and the law
and keeping state secrets and, in production and
other work and their public activities, assist in
the enforcement of the Constitution and the law.
Deputies to the National People's Congress should
maintain close contact with the units and people
which elected them, listen to and convey their opinions
and demands and work hard to serve them.
Article 77. 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 the deputies whom they
elected.
Article 78. The organization
and working procedures of the National People's Congress
and its Standing Committee are prescribed by law.
SECTION 2. THE
PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
Article 79: The President
and Vice-President of the People's Republic of China
are elected by the National People's Congress.
Citizens of the People's Republic of China who have
the right to vote and to stand for election and who
have reached the age of 45 are eligible for election
as President or Vice-President of the People's Republic
of China. The term of office of the President and
Vice-President of the People's Republic of China
is the same as that of the National People's Congress,
and they shall serve no more than two consecutive
terms.
Article 80. The President
of the People's Republic of China, in pursuance of
decisions of the National People's Congress and its
Standing Committee, promulgates statutes; appoints
and removes the Premier, Vice-Premiers, State Councillors,
Ministers in charge of Ministries or Commissions,
and the Auditor- General and the Secretary-General
of the State Council; confers state medals and titles
of honour; issues orders of special pardons; proclaims
martial law; proclaims a state of war; and issues
mobilization orders.
Article 81. The President
of the People's Republic of China receives foreign
diplomatic representatives on behalf of the People's
Republic of China and, in pursuance of 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 82. The Vice-President
of the People's Republic of China assists the President
in his work. The Vice-President of the People's
Republic of China may exercise such parts of the
functions and powers of the President as the President
may entrust to him.
Article 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.
Article 84. 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. 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. 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 3. THE
STATE COUNCIL
Article 85. The State
Council, that is, the Central People's Government
of the People's Republic of China, is the executive
body of the highest organ of state power; it is the
highest organ of state administration.
Article 86. The State
Council is composed of the following: The Premier;
The Vice-Premiers; The State Councillors; The Ministers
in charge of Ministries; The Ministers in charge
of Commissions; The Auditor- General; and The Secretary-General.
The Premier has overall responsibility for the State
Council. The Ministers have overall responsibility
for the respective ministries or commissions under
their charge. The organization of the State Council
is prescribed by law.
Article 87. The term
of office of the State Council is the same as that
of the National People's Congress. The Premier, Vice-Premiers
and State Councillors shall serve no more than two
consecutive terms.
Article 88. The Premier
directs the work of the State Council. The Vice-
Premiers and State Councillors assist the Premier
in his work. Executive meetings of the State Council
are composed of the Premier, the Vice-Premiers, the
State Councillors and the Secretary-General of the
State Council. The Premier convenes and presides
over the executive meetings and plenary meetings
of the State Council.
Article 89. The State
Council exercises the following functions and powers:
(1) To adopt administrative measures,enact administrative
rules and regulations and issue decisions and orders
in accordance with the Constitution and the statutes;
(2) To submit proposals to the National People's
Congress or its Standing Committee; (3) 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 character that does not fall within
the jurisdiction of the ministries and commissions;
(4) To exercise unified leadership over the work
of local organs of state administration at 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; (5) To draw
up and implement the plan for national economic and
social development and the state budget; (6) To direct
and administer economic work and urban and rural
development; (7) To direct and administer the work
concerning education, science, culture, public health,
physical culture and family planning; (8) To direct
and administer the work concerning civil affairs,
public security, judicial administration, supervision
and other related matters; (9) To conduct foreign
affairs and conclude treaties and agreements with
foreign states; (10) To direct and administer the
building of national defence; (11) 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; (12) To protect the legitimate rights and
interests of Chinese nationals residing abroad and
protect the lawful rights and interests of returned
overseas Chinese and of the family members of Chinese
nationals residing abroad; (13) To alter or annul
inappropriate orders, directives and regulations
issued by the ministries or commissions; (14) To
alter or annul inappropriate decisions and orders
issued by local organs of state administration at
different levels; (15) To approve the geographic
division of provinces, autonomous regions and municipalities
directly under the Central Government, and to approve
the establishment and geographic division of autonomous
prefectures, counties, autonomous counties and cities;
(16) To decide on the enforcement of martial law
in parts of provinces, autonomous regions and municipalities
directly under the Central Government; (17) To examine
and decide on the size of administrative organs and,
in accordance with the law, to appoint, remove and
train administrative officers, appraise their work
and reward or punish them; and (18) To exercise such
other functions and powers as the National People's
Congress or its Standing Committee may assign it.
Article 90. The ministers
in charge of ministries or commissions of the State
Council are responsible for the work of their respective
departments and convene and preside over their
ministerial meetings or commission meetings that
discuss and decide on major issues in the work of
their respective departments. 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 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 different levels, and those of
the state financial and monetary organizations and
of enterprises and undertakings. 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 92. The State
Council is responsible, and reports on its work,
to the National People's Congress or, when the National
People's Congress is not in session, to its Standing
Committee.
SECTION 4. THE
CENTRAL MILITARY COMMISSION
Article 93. The Central
Military Commission of the People's Republic of China
directs the armed forces of the country. The
Central Military Commission is composed of the following:
The Chairman; The Vice-Chairmen; and Members. The
Chairman of the Central Military Commission has overall
responsibility for the commission. The term of office
of the Central Military Commission is the same as
that of the National People's Congress.
Article 94. The Chairman
of the Central Military Commission is responsible
to the National People's Congress and its Standing
Committee.
SECTION 5. THE
LOCAL PEOPLE'S CONGRESS AND THE LOCAL PEOPLE'S GOVERNMENTS
AT DIFFERENT LEVELS
Article 95. People's
congresses and people's governments are established
in provinces, municipalities directly under the Central
Government, counties, cities, municipal districts,
townships, nationality townships and towns. The organization
of local people's congresses and local people's governments
at different levels is prescribed by law. Organs
of self-government are established in autonomous
regions, autonomous prefectures and autonomous counties.
The organization and working procedures of organs
of self-government are prescribed by law in accordance
with the basic principles laid down in Sections V
and VI of Chapter Three of the Constitution.
Article 96. Local people's
congresses at different levels are local organs of
state power. Local people's congresses at and
above the county level establish standing committees.
Article 97. Deputies
to the people's congresses of provinces, municipalities
directly under the Central Government, and cities divided
into districts are elected by the people's congresses
at the next lower level; deputies to the people'scongresses
of counties, cities not divided into districts, municipal
districts, townships, nationality townships and towns
are elected directly by their constituencies. The number
of deputies to local people's congresses at different
levels and the manner of their election are prescribed
by law.
Article 98. The term
of office of the people's congresses of provinces,
municipalities directly under the Central Government
and cities divided into districts is five years.
The term of office of the people's congresses of
counties, cities not divided into districts, municipal
districts, townships, nationality townships and towns
is three years.
Article 99. Local people's
congresses at 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
development of public services. 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. 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 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, 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 101. 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. 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 102. Deputies
to the people's congresses of provinces, municipalities,
directly under the Central Government and cities
divided into districts are subject to supervision
by the units which elected them; deputies to
the people's congresses of counties, cities not divided
into districts, municipal districts, townships, nationality
townships and towns are subject to supervision by
their constituencies. The electoral units and constituencies
which elect deputies to local people's congresses
at different levels have the power, according to
procedures prescribed by law, to recall deputies
whom they elected.
Article 103. 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. 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. 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 104. 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 its jurisdiction as prescribed by law;
and, when the people's congress at the corresponding
level is not in session, recalls individual deputies
to the people's congress at the next higher level
and elects individual deputies to fill vacancies
in that people's congress.
Article 105. Local people's
governments at different levels are the executive
bodies of local organs of state power as well
as the local organs of state administration at the
corresponding level. Local people's governments at
different levels practise the system of overall responsibility
by governors, mayors, county heads, district heads,
township heads and town heads.
Article 106. The
term of office of local people's governments at
different levels is the same as that of the people's
congresses at the corresponding level.
Article 107. 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. 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. 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 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 people's governments
at lower levels.
Article 109. Auditing
bodies are established by local people's governments at
and above the county level. Local auditing bodies
at 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 110. 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. 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 111. The residents'
committees and villagers' committees established
among urban and rural residents on the basis of their
place of residence are mass organizations of
self-management at the grass-roots level. The chairman,
vice-chairmen and members of each residents' or villagers'
committee are elected by the residents. The relationship
between the residents' and villagers' committees
and the grass-roots organs of state power is prescribed
by law. The residents' and villagers' committees
establish committees for people's mediation, public
security, public health and other matters in order
to manage public affairs and social services in their
areas, mediate civil disputes, help maintain public
order and convey residents' opinions and demands
and make suggestions to the people's government.
SECTION 6. THE
ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS
AREAS
Article 112. The organs
of self-government of national autonomous areas are
the people's congresses and people's governments
of autonomous regions, autonomous prefectures and
autonomous counties.
Article 113. In the
people's congress of an autonomous region, prefecture
or county, in addition to the deputies of the nationality
or nationalities exercising regional autonomy in
the administrative area, the other nationalities
inhabiting the area are also entitled to appropriate
representation. The chairmanship and vice- chairmenships
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 114. 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 115. The organs
of self-government of autonomous regions, prefectures
and counties exercise the functions and powers of
local organs of state as specified in Section V of
Chapter Three of the Constitution. At the same
time, they exercise the right 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 116. 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 characteristics 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 117. The organs
of self-government of the national autonomous
areas have the power of autonomy in administering
the finances of their areas. All revenues accruing
to the national autonomous areas under the financial
system of the state shall be managed and used independently
by the organs of self- government of those areas.
Article 118. The organs
of self-government of the national autonomous areas
independently arrange for and administer local economic
development under the guidance of state plans.
In developing natural resources and building enterprises
in the national autonomous areas, the state shall
give due consideration to the interests of those
areas.
Article 119. The organs
of self-government of the national autonomous areas
independently administer educational, scientific,
cultural, public health and physical culture affairs
in their respective areas, sort out and protect
the cultural legacy of the nationalities and work
for the development and prosperity of their cultures.
Article 120. The organs
of self-government of the national autonomous areas
may, in accordance with the military system of the
state and concrete local needs and with the approval
of the State Council, organize local public security
forces for the maintenance of public order.
Article 121. 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 122. The state
gives financial, material and technical assistance
to the minority nationalities to accelerate their
economic and cultural development. The state
helps the national autonomous areas train large numbers
of cadres at different levels and specialized personnel
and skilled workers of different professions and
trades from among the nationality or nationalities
in those areas.
SECTION 7. THE
PEOPLE'S COURT AND THE PEOPLE'S PROCURATORATES
Article 123. The people's
courts in the People's Republic of China are
the judicial organs of the state.
Article 124. 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. The term of office of the President of the
Supreme People's Court is the same as that of the
National People's Congress; he shall serve no more
than two consecutive terms. The organization of people's
courts is prescribed by law.
Article 125. 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 126. 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 127. The
Supreme People's Court is the highest judicial organ.
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 128. 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 created them.
Article 129. The people's
procuratorates of the People's Republic of China
are state organs for legal supervision.
Article 130. The People's
Republic of China establishes the Supreme People's
Procuratorate and the local people's procuratorates
at different levels, military procuratorates and
other special people's procuratorates. The term of
office of the Procurator-General of the Supreme People's
Procuratorate is the same as that of the National
People's Congress; he shall serve no more than two
consecutive terms. The organization of people's procuratorates
is prescribed by law.
Article 131. 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 132. The Supreme
People's Procuratorate is the highest procuratorial
organ. 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 133. 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 created them and to the
people's procuratorates at the higher level. Article
134. Citizens of all nationalities have the right
to use the spoken and written languages of their
own nationalities in court proceedings. The people's
courts and people's procuratorates should provide
translation for any party to the court proceedings
who is not familiar with the spoken or written languages
in common use in the locality. 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, judgments,
notices and other documents should be written, according
to actual needs, in the language or languages in
common use in the locality.
Article 135. The people's
courts, people's procuratorates and public security
organs shall, in handling criminal cases, divide
their functions, each taking responsibility for its
own work, and they shall co- ordinate their efforts
and check each other to ensure correct and effective
enforcement of law.
CHAPTER
IV. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE
CAPITAL
Article 136. The
national flag of the People's Republic of China is
a red flag with five stars.
Article 137. The
national emblem of the People's Republic of China is
Tian'anmen in the centre illuminated by five stars
and encircled by ears of grain and a cogwheel.
Article 138. The
capital of the People's Republic of China is Beijing.
AMENDENTS
TO THE CONSTITUTION
AMENDMENT
ONE
(Approved on April 12, 1988, by the 7th NPC
at its 1st Session)
1.
Article 11 of the Constitution shall include a new
paragraph which reads: "The State permits the private
sector of the economy to exist and develop within the
limits prescribed by law. The private sector of the
economy is a complement to the socialist public economy.
The State protects the lawful rights and interests
of the private sector of the economy, and exercises
guidance, supervision and control over the private
sector of the economy."2. The fourth paragraph of Article
10 of the Constitution, which provides that "no organization
or individual may appropriate, buy, sell or lease land
or otherwise engage in the transfer of land by unlawful
means," shall be amended as: "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."
AMENDMENT TWO (Approved
on March 29, 1993, by the 8th NPC at its 1st Session)
3.
The last two sentences of the seventh paragraph of
the Preamble which reads "The basic task of the nation
in the years to come is to concentrate its effort on
socialist modernization. Under the leadership of the
Communist Party of China and the guidance of Marxism-Leninism
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