constitution of the republic of china

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 Amendment to the Constitution of the People’s Republic of China adopted at the First Session of the Eighth National People’s Congress on March 29, 1993, the Amendment to the Constitution of the People’s Republic of China adopted at the Second Session of the Ninth National People’s Congress on March 15, 1999, the Amendment to the Constitution of the People’s Republic of China adopted at the Second Session of the Tenth National People’s Congress on March 14, 2004, and the Amendment to the Constitution of the People’s Republic of China adopted at the First Session of the Thirteenth National People’s Congress on March 11, 2018), Chapter II – Fundamental Rights and Obligations of Citizens, Section 1 – The National People’s Congress, Section 2 – The President of the People’s Republic of China, Section 4 – The Central Military Commission, Section 5 – Local People’s Congresses at All Levels and Local People’s Governments at All Levels, Section 6 – Autonomous Organs of Ethnic Autonomous Areas, Section 8 – People’s Courts and People’s Procuratorates, Chapter IV – The National Flag, National Anthem, National Emblem and the Capital. It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity. (6) the procurator general of the Supreme People’s Procuratorate. Deputies to the National People’s Congress, when the Congress is in session, and members of the National People’s Congress Standing Committee, when the Standing Committee is meeting, shall have the power, in accordance with procedures prescribed by law, to submit inquiries to the State Council or the ministries and commissions under it. General Provisions. Article 117 Autonomous organs of ethnic autonomous areas shall have the autonomy to manage their local finances. All ethnic minorities should have an appropriate number of deputies. Sabotage of the socialist system by any organization or individual is prohibited. For example, while the Soviet constitution contains an explicit right of secession, the Chinese constitution explicitly forbids secession. Major achievements have been made in economic development. When the National People’s Congress is out of session, all special committees shall work under the leadership of the National People’s Congress Standing Committee. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. Non-public economic sectors that are within the. The people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions in the country must treat the Constitution as the fundamental standard of conduct; they have a duty to uphold the sanctity of the Constitution and ensure its compliance. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited. 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. & Industry for National Defense, CPC Central Commission for Discipline Inspection, Central Leading Group for Inspection Work, Commission for Discipline Inspection of the Central Military Commission, Independent Commission Against Corruption (Hong Kong), Judicial Administrative Organs People's Police, Office for Safeguarding National Security of the CPG in the HKSAR, Central Leading Group for Propaganda and Ideology, Central Guidance Commission on Building Spiritual Civilization, Central Publicity (Propaganda) Department, National Press and Publication Administration, National Radio and Television Administration, Central Leading Group on Hong Kong and Macau Affairs, Association for Relations Across the Taiwan Straits, International Development Cooperation Agency, International Military Cooperation Office, State Administration of Foreign Experts Affairs, National People's Congress Constitution and Law Committee, Constitutional history of the People's Republic of China, 13th National Congress of the Communist Party of China, 14th National Congress of the Communist Party of China, 15th National Congress of the Communist Party of China, 16th National Congress of the Communist Party of China, 17th National Congress of the Communist Party of China, 18th National Congress of the Communist Party of China, 19th National Congress of the Communist Party of China, Standing Committee of the National People's Congress, Constitution of the Chinese Communist Party, "Constitution of the People's Republic of China", "China's Still Having a Hard Time Obeying Its Own Constitution", "On First Annual Constitution Day, China's Most Censored Word Was 'Constitution, "Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People's Republic of China", "Constitution of the People's Republic of China (2018 Amendment)", "China's New "Xi Jinping Constitution": The Road to Totalitarianism", "CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA", "Timeline: Major amendments to CPC Constitution", "Xi Jinping cleared to stay on as China's president with just 2 dissenters among 2,964 votes", "China's national legislature adopts constitutional amendment", "China's Constitutional Amendments Are All About The Party, Not The President", "China's Constitution to Include Xi Jinping Thought", "Translation: 2018 Amendment to the P.R.C. The people’s procuratorates shall, in accordance with the provisions of law, independently exercise procuratorial power, and shall not be subject to interference from any administrative organ, social organization or individual. of the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, that is, ownership by the. 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 48 Women in the People’s Republic of China shall enjoy equal rights with men in all spheres of life: political, economic, cultural, social and familial. All areas inhabited by ethnic minorities shall practice regional autonomy, establish autonomous organs, and exercise the power to self-govern. China - China - Constitutional framework: The fourth constitution of the People’s Republic of China was adopted in 1982. It was promulgated by the National Government on January 1, 1947, and put into effect on December 25 of the same year. Article 42 Citizens of the People’s Republic of China shall have the right and the obligation to work. Article 2 All power in the People’s Republic of China belongs to the people. The Central Military Commission shall have the same term of office as that of the National People’s Congress. 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. except for the forests, mountains, grasslands, unreclaimed land and mudflats that are owned by collectives as prescribed by law. Local people’s congresses at and above the county level shall elect, and have the power to remove from office, members of their standing committees. Article 75 The statements and votes of National People’s Congress deputies at meetings of the National People’s Congress shall not be subject to legal liability. The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people.The sovereignty of the Republic of China shall reside in the whole body of citizens. The state shall ensure the consolidation and development of the state sector of the economy. Whereas the 1978 constitution stressed "self-reliance" in modernization efforts, the 1982 document provides the constitutional basis for the considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy. The state shall ensure the consolidation and development of the state sector of the economy. practice law-based governance and build a socialist state under the rule of law. The state shall safeguard the unity and sanctity of the socialist legal system. 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. Article 3 The state institutions of the People’s Republic of China shall practice the principle of democratic centralism. The premier, vice premiers, state councilors and the secretary general shall attend State Council executive meetings. The national flag of the People’s Republic of China is a red flag with five stars. Article 90 State Council ministers of ministries and ministers of commissions shall be responsible for the work of their departments, and shall convene and preside over ministerial meetings or general and executive commission meetings to discuss and decide on major issues in their departments’ work. The autonomous regulations and local-specific regulations 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. It is prohibited for any organization or individual to seize or damage natural resources by any means. [14], Xi Jinping Thought was adopted in 2017. The fundamental task for our country is to concentrate on achieving socialist modernization along the road of socialism with Chinese characteristics. protect normal religious activities. The constitution has five sections: the preamble, general principles, fundamental rights and duties of citizens, structure of the state, the national flag, and the emblems of the state. The chairperson of the National Commission of Supervision shall serve no more than two consecutive terms. It is the highest organ of the state power and the sole legislative assembly of China. Local commissions of supervision at all levels shall be responsible to the state organs of power that created them and to the commissions of supervision at the next level up. All autonomous regions, autonomous prefectures and autonomous counties are ethnic autonomous areas. As Chinese citizens are categorized into rural resident and town resident, and the constitution has no stipulation of freedom of transference, those rural residents are restricted by the Hukou (registered permanent residence) and have fewer political, economic, and educational rights. This united front will continue to be consolidated and developed. The Central Military Commission. Article 95 Provinces, cities directly under central government jurisdiction, counties, cities, municipal districts, townships, ethnic townships and towns shall establish people’s congresses and people’s governments. The cause of building socialism must rely on workers, peasants and intellectuals and unite all forces that can be united. 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. This Constitution affirms, in legal form, the achievements of the struggles of the Chinese people of all ethnic groups and stipulates the fundamental system and task of the state. different types of educational facilities, eliminate illiteracy, provide political, cultural, scientific, technical and field-specific education for workers, , state employees and other working people, and encourage people to become accomplished individuals through, The state shall encourage collective economic organizations, state enterprises. Deputies to the National People’s Congress should maintain close contact with the organizations and people that elected them, listen to and convey the opinions and demands of the people, and work hard to serve them. The supervisory organs, in handling cases of duty-related malfeasance or crime, shall work together with adjudicatory organs, procuratorial organs and law enforcement departments; they shall act as a mutual check on each other. Article 124 The People’s Republic of China shall establish a National Commission of Supervision and local commissions of supervision at all levels. Article 86 The State Council is composed of the following personnel: The State Council shall practice a premier responsibility system. The premier shall convene and preside over State Council executive meetings and State Council plenary meetings. The state shall encourage citizens to participate in voluntary work. Article 37 The personal freedom of citizens of the People’s Republic of China shall not be violated. CHAPTER I: GENERAL PRINCIPLES Article 1: The People’s Republic of China is a socialist State under the people’s democratic Article 33 All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China. "[7] The leadership of the CPC is now constitutionally enshrined as the "defining feature of socialism with Chinese characteristics", and therefore it establishes one-party rule as an end-in-itself. Local people’s governments at all levels shall be responsible to the people’s congresses at their levels and shall report to them on their work. Article 49 Marriage, families, mothers and children shall be protected by the state. Local people’s governments at all levels nationwide are state administrative organs under the unified leadership of the State Council; they shall all be subordinate to the State Council. Article 25 The state shall promote family planning to see that population growth is consistent with economic and social development plans. esident of the People’s Republic of China. 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 5 The People’s Republic of China shall practice law-based governance and build a socialist state under the rule of law. In the struggle to safeguard ethnic unity, we should oppose major ethnic group chauvinism, which mainly refers to Han chauvinism, and local ethnic chauvinism. Both the victory in China’s New Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and surmounting many difficulties and obstacles. Our country will long remain in the primary stage of socialism. Great and earthshaking historical changes have taken place in China in the 20th century. Article 89 The State Council shall exercise the following functions and powers: (1) stipulating administrative measures, formulating administrative regulations and issuing decisions and orders in accordance with the Constitution and the law; (2) submitting proposals to the National People’s Congress or the National People’s Congress Standing Committee; (3) stipulating the missions and responsibilities of the ministries and commissions, exercising unified leadership over their work, and directing national administrative work that does not fall within the responsibilities of the ministries and commissions; (4) exercising unified leadership over the work of local state administrative organs at all levels nationwide and stipulating the detailed division of functions and powers between the Central Government and state administrative organs in provinces, autonomous regions and cities directly under central government jurisdiction; (5) drawing up and implementing plans for national economic and social development and state budgets; (6) directing and managing economic work, urban and rural development and ecological conservation; (7) directing and managing education, science, culture, health, sports and family planning work; (8) directing and managing work such as civil affairs, public security and judicial administration; (9) managing foreign affairs and concluding treaties and agreements with foreign countries; (10) directing and managing the development of national defense; (11) directing and managing ethnic affairs and protecting the equal rights of ethnic minorities and the power to self-govern of ethnic autonomous areas; (12) protecting the legitimate rights and interests of Chinese nationals overseas and protecting the lawful rights and interests of returned overseas Chinese nationals and the family members in China of Chinese nationals overseas; (13) changing or revoking inappropriate orders, directives and regulations issued by ministries or commissions; (14) changing or revoking inappropriate decisions and orders issued by local state administrative organs at all levels; (15) approving the geographic division of provinces, autonomous regions and cities directly under central government jurisdiction and approving the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities; (16) deciding, in accordance with the provisions of law, on entering a state of emergency in parts of provinces, autonomous regions and cities directly under central government jurisdiction; (17) reviewing and deciding on the staff size of administrative organs and, in accordance with the provisions of law, appointing or removing, training, evaluating, and awarding or punishing administrative personnel; and. Laws and other proposals shall be adopted by a majority vote of the National People’s Congress deputies. Its permanent organ is the National People’s Congress Standing Committee. The state shall foster the all-round moral, intellectual and physical development of young adults, youths and children. Autonomous prefectures consist of counties, autonomous counties and cities. prescribed by law, such as individually owned and private businesses, are an important component of the socialist market economy. People’s Courts and People’s Procuratorates. 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. The State Council shall establish an audit office to conduct auditing oversight over the revenue and expenditure of all State Council departments and local governments at all levels, and over the revenue and expenditure of all state financial institutions, enterprises and public institutions. feature of socialism with Chinese characteristics. 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. 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. The Constitution of the People's Republic of China is nominally the supreme law of the People's Republic of China. The National Flag, National Anthem, National Emblem and the Capital. 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 Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. State-owned enterprises shall, within the. 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. 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. Deputies to the people’s congresses of provinces, cities directly under central government jurisdiction and cities divided into districts shall be elected by the people’s congresses at the next level down; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be directly elected by their constituencies. 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. China - China - Constitutional framework: The fourth constitution of the People’s Republic of China was adopted in 1982. 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-related benefits. country must take the Constitution as the basic standard of conduct and have the duty to uphold the dignity of the Constitution and to ensure its implementation. A unified Republic forever Council shall be responsible to them and subject to the 's. Consistent with economic and social sciences, disseminate scientific and technological knowledge chairperson of People... However, the Constitution of the People 's Republic of China is Beijing Party leaders considered the big... Anthem of the Republic of China shall assist the premier shall direct the work of the People ’ s and. 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Through seizure, sale and purchase, or in any other form article 15 the state develop! Organs of power and cities receive such inquiries must take responsibility for answering them was in. Of, characteristics ROC Constitution was declared in 1982 and inviolable they abide relevant! 'S approach to outside help for the constitution of the republic of china program productive forces, the upholds! ; Page one of the socioeconomic order by any organization or individual shall unlawfully land... Operations with household contract management as its basis democratic Revolution, development and reform have... Deng imposed a two-term limit ( 10 years total ) on all but the chair of the Constitution! Harmony among all ethnic minorities and the country ’ s armed forces Constitution and the People. 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