constitution of china

Article 44 The state shall, in accordance with the provisions of law, implement a retirement system for employees of enterprises, public institutions and state organs. and promote relations of equality, unity, mutual assistance and harmony among all ethnic groups. suppress such complaints, charges or reports or take retaliatory action. Local people’s governments at all levels are the executive organs of the local state organs of power at their respective levels; they are the local state administrative organs at their respective levels. Article 52 Citizens of the People’s Republic of China shall have the obligation to safeguard national unity and the solidarity of all the country’s ethnic groups. In fact, the Constitution omits all references to the Cultural Revolution and restates Chairman Mao Zedong's contributions in accordance with a major historical reassessment produced in June 1981 at the Sixth Plenum of the Eleventh Central Committee, the "Resolution on Some Historical Issues of the Party since the Founding of the People's Republic." Five-Power Constitution, system of government proposed by the Chinese revolutionary leader Sun Yat-sen in 1906 as the means through which democracy could be implemented in China after the overthrow of the imperial regime. Parents shall have the obligation to raise and educate their minor children; adult children shall have the obligation to support and assist their parents. of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People’s Congress Standing Committee to be placed on record. Amended in accordance with the Amendments to the Constitution of the People’s Republic of China adopted respectively at the First Session of the Seventh National People’s Congress on April 12, 1988, the First Session of the Eighth National People’s Congress on March 29, 1993, the Second Session of the Ninth National People’s Congress on March 15, 1999 and the Second Session of the … The first Constitution of the People's Republic of China was declared in 1954. technological discoveries and inventions. When the National People’s Congress holds a session, it shall elect a presidium to conduct that session. The people of all nationalities in China have jointly created a splendid culture and have a glorious revolutionary tradition. exercise the power to self-govern. ", Article 35 of the 1982 State Constitution proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration. The chairperson, vice chairpersons and the secretary general constitute a. , which handles the important day-to-day work of the National People’s Congress Standing Committee. Article 98 Local people’s congresses at all levels shall have a term of five years. ward model workers and advanced workers. Feudal China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. Constitution . Non-public economic sectors that are within the. enjoy freedom of speech, the press, assembly, association, coerce citizens to believe in or not to believe in any religion, nor. It is the fourth constitution in the country's history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution. The state shall protect socialist public property. The CPC thereby endeavors to represent:[14], The Constitution was amended on 14 March 2004 to include guarantees regarding private property ("legally obtained private property of the citizens shall not be violated") and human rights ("the State respects and protects human rights"). Citizens of all ethnic groups shall have the right to use their own ethnic group’s spoken and written languages in court proceedings. The People’s Republic of China shall establish a Supreme People’s Procuratorate, local people’s procuratorates at all levels, military procuratorates and other special people’s procuratorates. (16) other functions and powers that the highest state organ of power should exercise. The people’s congresses of provinces and cities directly under central government jurisdiction and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, formulate local regulations, which shall be reported to the National People’s Congress Standing Committee to be placed on record. The Central Military Commission is composed of the following personnel: The Central Military Commission shall practice a chairperson responsibility system. Autonomous regions, autonomous prefectures and autonomous counties shall establish autonomous organs. The vice chairpersons and the secretary general shall assist the chairperson in his or her work. Article 22 The state shall develop art and literature, the press, radio and television broadcasting, publishing, libraries, museums and cultural centers, and other cultural undertakings that serve the people and socialism; and shall promote public cultural activities. The state shall develop the social insurance, social relief, and medical and health services necessary. The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; commissions of supervision at higher levels shall direct the work of those at lower levels. Autonomous prefectures consist of counties, autonomous counties and cities. It is the sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression. We the Chinese people of all ethnic groups will continue, under the leadership of the Communist Party of China and, the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, , the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to uphold the people’s democratic dictatorship, stay on the socialist road, carry out reform and opening up, steadily improve the socialist institutions, develop the socialist market economy and socialist democracy, improve socialist rule of law, apply the new development, self-reliance to modernize step by step the country’s industry, agriculture, national defense, and science and technology and promote coordinated material, political, cultural-ethical, social and ecological advancement, in order to build China into, a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation, The cause of building socialism must rely on workers, peasants and intellectuals and unite all forces that can be united. The Supreme People’s Procuratorate shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. For other uses, see, Zhōnghuá Rénmín Gònghéguó Xiànfǎ, Learn how and when to remove this template message, 1978 Constitution of the People's Republic of China, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. (22) other functions and powers accorded to it by the National People’s Congress. All state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. Members of the expanded rural collectives have the right "to farm private plots, engage in household sideline production, and raise privately owned livestock." Article 83 The president and the vice president of the People’s Republic of China shall exercise their functions and powers until the president and the vice president elected by the next National People’s Congress assume office. foreigners in the territory of China must abide by the law of the People’s Republic of China. In the people’s congresses of autonomous regions, autonomous prefectures and autonomous counties, aside from deputies of the ethnic group that exercises regional autonomy, other ethnic groups resident in that administrative area should also have an appropriate number of deputies. Article 42 Citizens of the People’s Republic of China shall have the right and the obligation to work. China is one of the countries with the longest histories in the world. [26] The committee has never explicitly ruled that a law or regulation is unconstitutional. The state shall practice strict economy and combat waste. s of the People’s Republic of China shall, All administrative, supervisory, adjudicatory and procuratorial. The president and the vice president of the People’s Republic of China shall be elected by the National People’s Congress. The number of deputies to the National People’s Congress and the procedures for their election shall be prescribed by law. Socialist ethnic relations of equality, unity, mutual assistance and harmony are established and will continue to be strengthened. The People’s Republic of China shall establish a National Commission of Supervision and local commissions of supervision at all levels. (This English version is provided by the Communist Party of China Central Committee Institute of Party History and Literature. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area. Click Here for Items Related To - Constitution Of China Current leadership. The vice president of the People’s Republic of China may, when so entrusted by the president, exercise part of the functions and powers of the president on his or her behalf. The state shall make the armed forces more revolutionary, more modernized and better regulated in order to strengthen national defense capabilities. It can be amended only by a 2/3rd majority of votes in the National People’s Congress. Duty to Safeguard the Unity of the Nation: It is one of the foremost duties of the citizens of China to safeguard the unity of the country and the unity of … The state shall protect and improve living environments and the ecological environment, and prevent and control pollution and other public hazards. The development trend of China's advanced productive forces, The orientation of China's advanced culture, and. Working people in the People’s Republic of China shall have the right to rest. (18) other functions and powers accorded to it by the National People’s Congress and the National People’s Congress Standing Committee. The National People’s Congress shall elect, and have the power to remove from office, the members of the National People’s Congress Standing Committee. The state shall encourage and assist creative work that is. s allotted for private use are also owned by collectives. establish a sound social security system compatible with the level of economic development. [14], Deng Xiaoping's theory of "building socialism with Chinese characteristics" and "one center, two basic points" was added to the constitution. The number of deputies to local people’s congresses at all levels and the procedures of their election shall be prescribed by law. The state shall maintain public order, suppress treason and other criminal activities that jeopardize national security, punish criminal activities, including those that endanger public security or harm the socialist economy, and punish and reform criminals. Article 132 The Supreme People’s Court is the highest adjudicatory organ. Major achievements have been made in economic development. Article 104 The standing committees of local people’s congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people’s government, the commission of supervision, the people’s court and the people’s procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people’s government at the same level; revoke inappropriate resolutions adopted by the people’s congress at the next level down; decide on the appointment or removal of employees of state organs according to the authority invested in them as prescribed by law; and, when people’s congresses at their level are out of session, remove from office and elect to fill vacancies individual deputies to the people’s congress at the next level up. An independent and relatively complete socialist industrial system has now basically been established, and agricultural output has markedly increased. The state organ concerned must ascertain the facts concerning the complaints, charges or reports made by citizens and take responsibility for their handling. The state shall encourage, support and guide the development of non-public economic sectors and exercise oversight and regulation over non-public economic sectors in accordance with law. Article 116 The people’s congresses of ethnic autonomous areas shall have the power to formulate autonomous regulations and local-specific regulations in accordance with the political, economic and cultural characteristics of the ethnic groups in their areas. Article 25 The state shall promote family planning to see that population growth is consistent with economic and social development plans. Local people’s governments at and above the county level shall direct the work of their subordinate departments and of the people’s governments at the next level down and shall have the power to change or revoke inappropriate decisions made by their subordinate departments and the people’s governments at the next level down. The state shall promote the common speech —, The state shall develop the natural and social sciences, disseminate scientific and technological knowledge. In the event that the office of vice president of the People’s Republic of China becomes vacant the National People’s Congress shall elect a new vice president to fill the vacancy. [12] According to the later promulgated election law, rural residents had only 1/4 vote power of townsmen (formerly 1/8). [14], The "Scientific Outlook on Development" document was elevated to equal importance as the other three guiding ideologies (Marxism-Leninism, Mao Zedong Thought, and Deng Xiaoping Theory. However, in one case, after media outcry over the death of Sun Zhigang the State Council was forced to rescind regulations allowing police to detain persons without residency permits after the Standing Committee of the National People's Congress (NPCSC) made it clear that it would rule such regulations unconstitutional. The premier shall convene and preside over State Council executive meetings and State Council plenary meetings. The state shall strengthen economic legislation and improve macro regulation. enjoy the rights prescribed by the Constitution and the law and must fulfill the. Article 16 State-owned enterprises shall, within the scope prescribed by law, have the right to operate autonomously. Besides being illegal, practising the four big rights offered the possibility of straying into criticism of the Chinese Communist Party, which was in fact what appeared in student wall posters. Article 10 Land in cities is owned by the state. The premier shall direct the work of the State Council. The people’s congresses of cities divided into districts and their standing committees may, provided there is no conflict with the Constitution, laws or administrative regulations, or with the local regulations of their province or autonomous region, formulate local regulations in accordance with the provisions of law, which shall go into force after submission to the standing committee of the people’s congress of their province or autonomous region and the receipt of approval. In the future, it will play an even more important role in the country’s political and social life and its friendly foreign activities, in socialist modernization and in safeguarding the unity and solidarity of the country. Article 118 Autonomous organs of ethnic autonomous areas shall, under the guidance of state plans, autonomously plan for and manage local economic development. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited. The Supreme People’s Procuratorate is the highest procuratorial organ. Deputies to the National People’s Congress and members of the National People’s Congress Standing Committee shall have the power, in accordance with procedures prescribed by law, to submit proposals within the scope of the respective functions and powers of the National People’s Congress and the National People’s Congress Standing Committee. The people’s courts of the People’s Republic of China are the adjudicatory organs of the state. The system of socialist public ownership has eradicated the system of exploitation of man by man, and practices the principle of “from each according to his ability, to each according to his work.”. The various forms of cooperative economic activities in cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades. Article 109 Local people’s governments at and above the county level shall establish audit offices. The state shall protect normal religious activities. The people’s governments of provinces and cities directly under central government jurisdiction shall decide on the establishment of townships, ethnic townships and towns and their geographic division. The people’s democratic dictatorship led by the working class and based on an alliance of workers and peasants, which in essence is a dictatorship of the proletariat, has been consolidated and developed. In our country the exploiting class, as a class, has been eliminated, but class struggle will continue to exist within a certain scope for a long time to come. Through the long process of revolution, development and reform, a broad patriotic united front has formed under the leadership of the Communist Party of China, with the participation of other political parties and people’s organizations and including all socialist working people, people involved in building socialism, patriots who support socialism, and patriots who support China’s reunification and are dedicated to the rejuvenation of the Chinese nation. On the standing committees of people’s congresses of autonomous regions, autonomous prefectures and autonomous counties, there should be citizens of the ethnic group that exercises regional autonomy in office as chairperson or vice chairperson. All citizens of the People’s Republic of China are equal before the law. Article 87 The State Council shall have the same term of office as that of the National People’s Congress. Citizens of the People’s Republic of China shall have the obligation to safeguard national unity and the solidarity of all the country’s ethnic groups. Article 119 Autonomous organs of ethnic autonomous areas shall autonomously manage the educational, scientific, cultural, health and sports undertakings of their areas, protect and restore the cultural heritage of their ethnic groups, and promote the development and a thriving of ethnic cultures. The state shall protect the lawful rights and interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual assistance and harmony among all ethnic groups. Significant advances have been made in education, science, culture and other fields, and education about socialist thought has made notable progress. The state shall, in accordance with law, prohibit disruption of the socioeconomic order by any organization or individual. Rural economic cooperatives — producer, supply and marketing, credit and consumer cooperatives — are part of the socialist economy under collective ownership by the working people. Article 94 The chairperson of the Central Military Commission shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. Article 99 Local people’s congresses at all levels shall, within their administrative areas, ensure the observance and enforcement of the Constitution, laws and administrative regulations; they shall, according to the authority invested in them as prescribed by law, adopt and issue resolutions, and review and decide on local economic, cultural and public service development plans. When an investigation committee is conducting an investigation, all state organs, social organizations and citizens concerned shall have the obligation to provide the committee with the necessary data. the sector of the socialist economy under ownership by the. Chapter I. The State Council shall be responsible to the National People’s Congress and shall report to the Congress on its work; when the National People’s Congress is out of session it shall be responsible to the National People’s Congress Standing Committee and shall report to the Standing Committee on its work. counties, autonomous counties and cities. The People’s Republic of China is a unified multiethnic state founded by the Chinese people of all ethnic groups. Article 11 Non-public economic sectors that are within the scope prescribed by law, such as individually owned and private businesses, are an important component of the socialist market economy. Article 47 Citizens of the People’s Republic of China shall enjoy the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. All state organs and state employees must rely on the support of the people, stay engaged with them, listen to their opinions and suggestions, accept their oversight, and work hard to serve them. The autonomous regulations and local-specific regulations of autonomous regions shall go into effect after submission to the National People’s Congress Standing Committee and receipt of approval. Article 105 Local people’s governments at all levels are the executive organs of the local state organs of power at their respective levels; they are the local state administrative organs at their respective levels. The Constitution of the People's Republic of China is nominally the supreme law of the People's Republic of China. The state shall encourage citizens to participate in voluntary work. In the constitution of 1954, it includes the Preamble, four chapters, 106 articles, and it defines “the national flag of People’s Republic of China is a red flag with 5 stars” (Art 104); “the national emblem of the People’s Republic of China is: in the centre, Tien An Men under the light of five stars, and encircled by ears of grain and a cogwheel.” … Persons who have suffered losses resulting from infringement of their civil rights by any state organ or state employee shall have the right to receive compensation in accordance with the provisions of law. Article 7 The state sector of the economy, that is, the sector of the socialist economy under ownership by the whole people, shall be the leading force in the economy. Article 2 All power in the People’s Republic of China belongs to the people. The nine chapters are divided into three parts. It vests all national legislative power in the hands of the National People’s Congress and its Standing Committee. It is prohibited for any organization or individual to seize or damage state or collective property by any means. Article 137 The Supreme People’s Procuratorate is the highest procuratorial organ. unlawfully transfer land through seizure, sale and purchase, or in any other form. Citizens of the People’s Republic of China shall have, The state shall, in various ways, create employment opportunities, strengthen worker protections, improve working conditions and, based on the development of production, increase remuneration for work and, Work is an honorable duty for every citizen who is able to work. Feature # 8. The personal freedom of citizens of the People’s Republic of China, with the approval or by the decision of a people’s procuratorate or by the decision of a people’s court, and arrests must be made by a public security, The personal dignity of citizens of the People’s Republic of China. 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