to raise and educate their minor children, The People’s Republic of China shall protect the legitimate rights and interests of Chinese nationals. The state shall train all kinds of specialized personnel to serve socialism, expand the ranks of intellectuals, and create the conditions for giving full play to their role in socialist modernization. The National People’s Congress shall be composed of deputies elected from the provinces, autonomous regions, cities directly under central government jurisdiction. Citizens of the People’s Republic of China shall have the right, The state shall foster the all-round moral, intellectual and physical development of, 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. 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." 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.”. China (People’s Republic of) 1982 (rev. The state shall respect and protect human rights. 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. Article 8 Rural collective economic organizations shall practice a two-tiered system of both unified and separate operations with household contract management as its basis. It is prohibited for any organization or individual to seize or damage natural resources by any means. Article 141 The national flag of the People’s Republic of China is a red flag with five stars. Fundamental Rights and Obligations of Citizens. Article 2. [1][2][3] Furthermore, claims of violations of constitutional rights cannot be used in Chinese courts, and the National People's Congress Constitution and Law Committee, the legislative committee responsible for constitutional review, has never ruled a law or regulation unconstitutional.[4][5]. Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, mudflats and other natural resources are owned by the state, that is, by the whole people, except for the forests, mountains, grasslands, unreclaimed land and mudflats that are owned by collectives as prescribed by law. Article 29 The armed forces of the People’s Republic of China belong to the people. Constitution of the People’s Republic of China (Adopted at the Fifth Session of WKH)LIWK1DWLRQDO3HRSOH¶V&RQJUHVVRQ'HFHPEHU 4 Instrument A1 ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New-Democratic Revolution and founded the People’s Republic of China. The chairperson of the Central Military Commission shall be responsible to the National People’s Congress and the National People’s Congress Standing Committee. ), Constitution of the People's Republic of China, (Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated by the Announcement of the National People’s Congress on December 4, 1982; amended in accordance with the, Amendment to the Constitution of the People’s Republic of China, adopted at the First Session of the Seventh National People’s Congress on April 12, 1988, the, adopted at the First Session of the Eighth National People’s Congress on March 29, 1993, the, adopted at the Second Session of the Ninth National People’s Congress on March 15, 1999, the, adopted at the Second Session of the Tenth National People’s Congress on March 14, 2004, and the, adopted at the First Session of the Thirteenth National People’s Congress on March 11, 2018), China is one of the countries with the longest histories in the world. The livelihood of retirees shall be ensured by the state and society. Unlawful detention, or the unlawful deprivation or restriction of a citizen’s personal freedom by other means, is prohibited; the unlawful search of a citizen’s person is prohibited. [14], The "Three Represents" were included at this Congress. Deputies to the people’s congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be subject to oversight by the organizations that elected them; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be subject to oversight by their constituencies. The state shall promote the common speech —, The state shall develop the natural and social sciences, disseminate scientific and technological knowledge. (Adopted on January 17, 1975 by the Fourth National People's Congress of the People's Republic of China at its First Session) . the socialist economy under collective ownership by the working people. Land in rural and suburban areas is owned by collectives except for that which belongs to the state as prescribed by law; housing sites and cropland and hillsides allotted for private use are also owned by collectives. The Constitution of the People's Republic of China is nominally the supreme law of the People's Republic of China. Autonomous organs of ethnic autonomous areas may, in accordance with the military system of the state and local needs, and with the approval of the State Council, organize local public security units to maintain public order. The capital of the People’s Republic of China is Beijing. In addition, the 1982 Constitution provides an extensive legal framework for the liberalizing economic policies of the 1980s. The chairperson and vice chairpersons of the Standing Committee shall serve no more than two consecutive terms. The people’s courts and the people’s procuratorates should provide translation services for any party to court proceedings who does not have a good command of the spoken or written languages commonly used in the locality. Residents committees and villagers committees, established among urban and rural residents on the basis of their place of residence, are primary-level people’s organizations for self-governance. The state shall encourage and assist creative work that is. The Central Military Commission shall have the same term of office as that of the National People’s Congress. The National People’s Congress Standing Committee must complete the election of deputies to the next National People’s Congress two months prior to the completion of the term of office of the current National People’s Congress. of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People’s Congress Standing Committee to be placed on record. The National People’s Congress Standing Committee shall be responsible to the National People’s Congress and shall report to the Congress on its work. The Chinese people thus secured power and became masters of their own country. After 1840, feudal China gradually became a semi-colonial, semi-feudal country. In 1949, after engaging in protracted, arduous and tortuous struggles, armed and in other forms, the Chinese people of all ethnic groups led by the Communist Party of China with Chairman Mao Zedong as its leader finally overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New Democratic Revolution, and founded the People’s Republic of China. Article 129 The People’s Republic of China shall establish a Supreme People’s Court and local people’s courts at all levels, military courts and other special people’s courts. This united front will continue to be consolidated and developed. The election of deputies to the next National People’s Congress must be completed within one year of said extraordinary circumstances coming to an end. The socialist system is the fundamental system of the People’s Republic of China. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. Local people’s governments at and above the county level shall, according to the authority invested in them as prescribed by law, manage administrative work related to the economy, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, etc., within their administrative areas; and shall issue decisions and orders, appoint or remove, train, evaluate, and award or punish administrative employees. suppress such complaints, charges or reports or take retaliatory action. The Constitution of People's Republic of China The Chinese government follows its Constitution as the supreme law of the country. Article 37 The personal freedom of citizens of the People’s Republic of China shall not be violated. It was shut down by the government on July 14, 2009. This united front will continue to be consolidated and developed. The state shall develop different types of educational facilities, eliminate illiteracy, provide political, cultural, scientific, technical and field-specific education for workers, peasants, state employees and other working people, and encourage people to become accomplished individuals through self-study. The People’s Republic of China is a unified multiethnic state founded by the Chinese people of all ethnic groups. Article 106 Local people’s governments at all levels shall have the same term of office as that of the people’s congresses at their respective levels. The national flag of the Republic of China shall have a red background with a “blue sky and white sun” in the upper lef… Article 67 The National People’s Congress Standing Committee shall exercise the following functions and powers: (1) interpreting the Constitution and overseeing its enforcement; (2) enacting and amending laws other than those that should be enacted by the National People’s Congress; (3) when the National People’s Congress is out of session, partially supplementing and amending laws enacted by the National People’s Congress but without conflicting with the basic principles of those laws; (5) when the National People’s Congress is out of session, reviewing and approving partial adjustments to the plan for national economic and social development and the state budget that must be made in the course of implementation; (6) overseeing the work of the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People’s Court and the Supreme People’s Procuratorate; (7) revoking administrative regulations, decisions and orders formulated by the State Council that are in conflict with the Constitution or laws; (8) revoking local regulations and resolutions formulated by the state organs of power in provinces, autonomous regions and cities directly under central government jurisdiction that are in conflict with the Constitution, laws, or administrative regulations; (9) when the National People’s Congress is out of session, deciding, based on nominations by the premier of the State Council, on successful candidates for ministers of ministries, ministers of commissions, the auditor general and the secretary general of the State Council; (10) when the National People’s Congress is out of session, deciding, based on nominations by the chairperson of the Central Military Commission, on successful candidates for other members of the Central Military Commission; (11) appointing or removing, based on recommendations by the chairperson of the National Commission of Supervision, vice chairpersons and members of the National Commission of Supervision; (12) appointing or removing, based on recommendations by the president of the Supreme People’s Court, vice presidents, judges and Adjudicatory Committee members of the Supreme People’s Court, and the president of the Military Court; (13) appointing or removing, based on recommendations by the procurator general of the Supreme People’s Procuratorate, deputy procurators general, procurators and Procuratorial Committee members of the Supreme People’s Procuratorate, and the chief procurator of the Military Procuratorate; and approving the appointment or removal of chief procurators of the people’s procuratorates of provinces, autonomous regions and cities directly under central government jurisdiction; (14) deciding on the appointment or removal of plenipotentiary representatives abroad; (15) deciding on the ratification or abrogation of treaties and important agreements concluded with foreign countries; (16) stipulating systems of titles and ranks for military and diplomatic personnel and other field-specific title and ranking systems; (17) stipulating national medals and titles of honor and deciding on their conferment; (18) deciding on the granting of special pardons; (19) when the National People’s Congress is out of session, in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression, deciding on declaring a state of war; (20) deciding on national or local mobilization; (21) deciding on entering a state of emergency nationwide or in particular provinces, autonomous regions or cities directly under central government jurisdiction; and. esident of the People’s Republic of China. Article 135 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. In accordance with the Constitution of the People’s Republic of China, the National People’s Congress hereby enacts the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, prescribing the systems to be practised in the Hong Kong Special Administrative Region, in order to ensure the implementation of the basic policies of the People’s Republic of China regarding Hong … Article 86 The State Council is composed of the following personnel: The State Council shall practice a premier responsibility system. 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. The organization and work of autonomous organs shall be prescribed by law in accordance with the basic principles laid down in Chapter III sections 5 and 6 of the Constitution. protect the lawful rights and interests of non-public economic sectors such as. Article 49 Marriage, families, mothers and children shall be protected by the state. 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. Significant advances have been made in education, science, culture and other fields, and education about socialist thought has made notable progress. For other uses, see, Learn how and when to remove this template message, 1978 Constitution of the People's Republic of China, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. regions and armed forces. In the event that the office of president of the People’s Republic of China becomes vacant the vice president shall succeed to the office of president. The fundamental interests of the overwhelming majority of the Chinese people. 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 accused shall have the right to defense. 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. The state shall practice a socialist market economy. The organizations and constituencies that elect deputies to local people’s congresses at all levels shall have the power to remove them from office in accordance with procedures prescribed by law. The state shall ensure the consolidation and development of the state sector of the economy. Article 4 All ethnic groups of the People’s Republic of China are equal. s allotted for private use are also owned by collectives. [15], Premier Wen Jiabao said that "These amendments of the Chinese constitution are of great importance to the development of China. The People's Republic of China may grant asylum to foreigners who request it for political reasons. CHAPTER II. s prescribed by the Constitution and the law. 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