The Supreme People's Procuratorate of the People's Republic of China exercises procuratorial authority over all departments of the State Council, all local organs of state, persons working in organs of state, and citizens, to ensure observance of the law. It guarantees the equality of each citizen and it prohibits racial discrimination and oppression. "[11], The Constitution was amended on 11 March 2018, with 2,958 votes in favour, two against, and three abstentions. Below are hyperlinks to the constitutions and constitutional amendments. 1954 Constitution of People's Republic of China. Article 71. If not, it is preferably a URL; if one is not available, please explain on the talk page. Article 61. The capital of the People's Republic of China is Peking. The state pays special attention to the physical and mental development of young people. The Chairman of the People's Republic of China commands the armed forces of the country, and is Chairman of the Council of National Defence. This Presidential right was never seen again in later promulgations of the Chinese constitution. These councils were presided over by chairmen (shengzhang , shizhang , xianzhang , quzhang , xiangzhang , zhenzhang ) and consisted of 25-55 members for the provinces, 9-31 for the counties, and 3-13 for the villages/townships. Article 20. (December 2009) The state protects the property of the co-operatives, encourages, guides and helps the development of the co-operative sector of the economy. Deputies to the National People's Congress have the right to address questions to the State Council, or to the Ministries and Commissions of the State Councils, which are under obligations to answer. Article 2 The Legislative Affairs Committee found that the above-mentioned provisions are inconsistent with the provisions of Article 19, paragraph 5 of the Constitution on promotion of Putonghua and the provisions in National Common Language Law, Education Law and other relevant laws. The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. The second chapter consists of 64 articles; this part stipulated the relationship between the national peoples congress (NPC), Chairman of China, State Council, and the local peoples congress, the local peoples councils with the Organs of self-government of National Autonomous Areas, the peoples courts and the peoples Procuratorates. The Chairman of the People's Republic of China represents the People's Republic of China in its relations with foreign states, receives foreign diplomatic representatives and, in pursuance of decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives to foreign states and ratifies treaties concluded with foreign states. If not, it is preferably a URL; if one is not available, please explain on the talk page. The people's councils at county level and above have power to suspend the carrying out of inappropriate decisions by people's congresses at the next lower level; and to revise or annual inappropriate orders and directives issued by their subordinate departments, and inappropriate decisions and orders issued by people's councils at lower levels. The state encourages to take an active and creative part in their work. All the nationalities have freedom to use and foster the growth of their spoken and written languages, and to preserve or reform their own customs or ways. Local organs of the people's procuratorate and special people's procuratotates exercise procuratorial authority within the limits prescribed by law. [4] Large sections were adapted directly from the 1978 constitution, but many of its changes derive from the 1954 constitution. The Central People's Government Committee adopted the Draft of the Constitution of the People's Republic of China on June 14, 1954. See 313.6(C)(2) of the Compendium II: Copyright Office Practices. After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982. All cases in the people's courts were heard in public except those involving special circumstances as prescribed by law. Though technically the "supreme legal authority" and "fundamental law of the state", the ruling Chinese Communist Party (CCP) has a documented history of violating many of the constitution's provisions and . The People's Republic of China protects the proper rights and interests of Chinese resident abroad. Article 37. The Political Consultative Conference was not abolished. PREAMBLE - In the year 1949, after more than a century of heroic struggle, the Chinese people, led by the Communist Party of China, finally won their great victory in the people's revolution against imperialism, feudalism and bureaucrat-capitalism, and thereby brought to an end the history of the oppression and enslavement they had undergone for . In the course of economic and cultural development, the state will concern itself with the needs of the different nationalities, and, in the matter of socialist transformation, pay full attention to the special characteristics in the development of each. The state protects the rights of citizens to own lawfully-earned incomes, savings, houses and other means of life. Socialist state 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. [citation needed] The fore-said ratio of vote power has been readjusted to 1:1 by an amendment to the election law passed in March 2010.[9]. Article 43. Section IV The Local People's Congresses And The Local People's Councils. In the exercise of their authority local organs of the people's procuratorate are independent and are not subject to interference by local organs of state. Article 93. The 1982 State Constitution provided a legal basis for the broad changes in China's social and economic institutions and significantly revised government structure. The organization of local people's councils is determined by law. [27][28], The Open Constitution Initiative was an organization consisting of lawyers and academics in the People's Republic of China that advocated the rule of law and greater constitutional protections. Article 60. The peoples courts administered, also in theory, justice independently, and were subject only to the law. Article 13. In an area where people of national minorities live in compact communities or where a number of nationalities live together, hearings in people's courts are conducted in the language commonly used in the locality, and judgments, notices and all other documents of the people's courts are made in such language. Article 105. Article 34. The higher organs of state should fully safeguard the right of organs of self-government of all autonomous regions, autonomous chou and autonomous counties to exercise autonomy, and should assist the various national minorities in their political, economic and cultural development. Article 16. [3]. The Standing Committee of the National People's Congress exercises the following functions and powers: (1) to conduct the election of deputies to the National People's Congress; (2) to convene the National People's Congress; (5) to supervise the work of the State Council, the Supreme People's Court and the Supreme People's Procuratorate; (6) to annul decisions and orders of the State Council which contravene the Constitution, laws or decrees; (7) to revise or annul inappropriate decisions issued by the government authorities of provinces, autonomous regions, and municipalities directly under the central authority; (8) to decide on the appropriate or removal of any Vice-Premier, Minister, Head of Commission or the Secretary-General of the State Council when the National People's Congress in not is session; (9) to appoint or remove the Vice-Presidents, judges, and other members of the Judicial Committee of the Supreme People's Court; (10) to appoint or remove the Deputy Chief Procurators, procurators, and other members of the Procuratorial Committee of the Supreme People's Procuratorate; (11) to decide on the appointment or recall of plenipotentiary representatives to foreign states; (12) to decide on the ratification or abrogation of treaties concluded with foreign states; (13) to institute military, diplomatic and other special titles and ranks; (14) to institute and decide on the award of state orders, medals and titles of honour; (15) to decide on the granting of pardons; (16) to decide, when the National People's Congress is not in session, on the proclamation of a state of war in the event of armed attack on the country or in fulfillment of international treaty obligations concerning common defence against aggression; (17) to decide on general or partial mobilization; (18) to decide on the enforcement of martial law throughout the country or in certain areas; and. 57 (1979) MChina's Changing Constitution* . 7Cf. The fourth constitution of the People's Republic of China was adopted in 1982. Article 54. An Encyclopaedia on Chinese History, Literature and Art. The National People's Congress is composed of deputies elected by provinces, autonomous regions, municipalities directly under the central authority, the armed forces and Chinese resident abroad. Article 22. The organs of self-government of all autonomous regions, autonomous chou and autonomous counties administer their local public security forces in accordance with the military system of the state. The people's congresses at county level and above elect, and have power to recall, the presidents of people's courts at corresponding levels. The provisions of Article 39 of the Constitution governing the election and term of office of the Chairman of the People's Republic of China apply also to the election and term of office of the Vice-Chairman of the People's Republic of China. [7], Among the political rights granted by the constitution, all Chinese citizens have rights to elect and be elected. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom. Similar to {{, Constitution of the People's Republic of China (1954), Constitution of the People's Republic of China, 313.6(C)(2) of the Compendium II: Copyright Office Practices, https://en.wikisource.org/w/index.php?title=Constitution_of_the_People%27s_Republic_of_China_(1954)&oldid=12643526. Two months before the term of office of the National People's Congress expires, its Standing Committee must complete the election of deputies to the succeeding National People's Congress. No citizens may be arrested except by decision of a people's court or with the sanction of a people's procuratorate. Work is a matter of honour for every citizen of the People's Republic of China who is able to work. Article 69. Section V The Organs Of Self-Government Of National Autonomous Area. Article 65. All servants of the state must be loyal to the people's democratic system, observe the Constitution and the law and strive to serve the people. Article 11. [4], The Constitution of 1954 concluded the historical experience that got from the Chinese democratic revolution and it fully reflects the situation of Chinese history and the feature of the transition period. (5) the Chief Procurator of the Supreme People's Procuratorate. Article 104. The 1954 Constitution of the People's Republic of China was adopted and enacted on September 20, 1954, through the first session of the First National Peoples Congress in Beijing. This Constitution is based on the Common Programme of the Chinese People's Political Consultative Conference of 1949, and is an advance on it. It is the leading force in the national economy and the material basis on which the state carries out socialist transformation. The local congresses supervised the observance of laws and approved local budgets. Cases in the people's courts are heard in public unless otherwise provided for by law. [3] Xi says:[3]. The organization of people's courts is determined by law. 709 Crackdown. 1954 Constitution of the People's Republic of China This article does not cite any references or sources.Please help improve this article by adding citations to reliable sources.Unsourced material may be challenged and removed. Article 51. This basic division of power is also specified for each of the . Regional autonomy applies in areas where people of national minorities in compact communities. China upheld the ideology of Marxism-Leninism as understood, interpreted, explained and applied by Mao. The 1982 State Constitution is also more specific about the responsibilities and functions of offices and organs in the state structure. Article 6. [25], In November 2020, the 13th NPC Standing Committee adopted a decision on the qualification of members of the Legislative Council of the Hong Kong Special Administrative Region[zh], which referred to Article 64, item 1 of the Constitution on interpreting the Constitution. It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity. For example, while the Soviet constitution contains an explicit right of secession, the Chinese constitution explicitly forbids secession. The Standing Committee of the National People's Congress is a permanently acting body of the National People's Congress. The Chairman of the People's Republic of China submits the views of the Supreme State Conference on important affairs of state to the National People's Congress, its Standing Committee, the State Council, or other bodies concerned for their consideration and decision. Article 36. Article 29. Liu Shao-ch'i, "On Draft Constitution of People's Republic of China," For a Lasting . The Changsha 3 Case. While the Soviet constitution formally creates a federal system, the Chinese constitution formally creates a unitary multi-national state. Xi is also the General Secretary of the Chinese Communist Party, the de facto top position in Communist Party ruling China without term limit. It Was 2,958 to 2", "A constitution without constitutionalism? [17] Xi "now has the distinction of being the first Chinese leader ever to have his theories enshrined in the constitution during his own lifetime. Their presidents (yuanzhang ) were appointed for a term of four years. The Constitution of 1954 was the first constitution of socialism in China. 0 Ratings 1 Want to read; 0 Currently reading; 0 Have read Article 39. Article 80. Article 18. Ideally this will be a scanned copy of the original that can be uploaded to Wikimedia Commons and proofread. . The Chairman of the People's Republic of China (Zhonghua renmin gongheguo zhuxi ) was elected for four years by the Congress. Deng imposed a two-term limit (10 years total) on all but the chair of the Central Military Commission.[3]. Elsewhere, the Constitution provides for a renewed and vital role for the groups that make up that basic alliancethe CPPCC, democratic parties, and mass organizations. There was debate as common in parliamentary systems. Article 73. General Principles Article 1. Article 91. [10], 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"). COMMUNIST CHINA'S NEW CONSTITUTION FRANKLIN W. HOUN Stanford University O N SEPTEMBER 15, 1954, the Chinese Communist regime convened . It guarantees the equality of each citizen and it prohibits racial discrimination and oppression. In administering justice the people's courts are independent, subject only to the law. Since 1949, the People's Republic of China has enacted 4 constitutions in 1954, 1975, 1978, and 1982. In addition, the 1982 document reflects the more flexible and less ideological orientation of foreign policy since 1978. 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 [23], Since 2002, a special committee within the NPC called the National People's Congress Constitution and Law Committee has been responsible for constitutional review and enforcement. Article 3. It may also be convened whenever its Standing Committee deems this necessary or one-fifth of the deputies so propose. The 1954 state constitution gave the Standing Committee of the National People's . Thus, the rights and obligations of citizens are set out in detail far exceeding that provided in the 1978 constitution. The first Constitution of the People's Republic of China was declared in 1954. Article 8. The 1954 Constitution was replaced in the midst of the Cultural Revolution by the 1975 Constitution of the People's Republic of China. The local people's councils carry out the decisions issued by people's congresses at corresponding levels and decisions and orders issued by administrative organs of state at higher levels. In practice, only one list of candidates existed that was approved by the Party, yet the electorate might be able to exert moral pressure. Working people in the People's Republic of China have the right to material assistance in old age, and in case of illness or disability. The People's Republic of China safeguards the people's democratic system, suppresses all treasonable and counter-revolutionary activities and punishes all traitors and counter-revolutionaries. All nationalities of our country are united in one great family of free and equal nations. Article 101. The National People's Congress meets once a year, convened by its Standing Committee. Article 92. The 1954 constitution did reject the possibility of the co-existence of capitalism and socialism in the long run. The organs of self-government of all autonomous regions, autonomous chou and autonomous counties exercise autonomy within the limits of the authority prescribed by the Constitution and the law. The second chapter consists of 64 articles; this part stipulated the relationship among the national peoples congress (NPC), Chairman of China, State Council, and the local peoples congress, the local peoples councils with the Organs of self-government of National Autonomous Areas, the peoples courts and the peoples Procuratorates. ", Article 35 of the 1982 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. About 1954 Constitution of the People's Republic of China About See all The 1954 Constitution of the People's Republic of China was promulgated by the 1st National People's Congress meeting in Beijing on September 20, 1954 See more 8 peoplelike this 9 people follow this Book Photos See all Page transparency See all [1], The last chapter, which is the fourth chapter, stipulates the national flag, the national emblem and the capital of PRC. 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. 104(b)(5). The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. by National People's Congress of the PRC, translated by . Article 3 No deputy to the National People's Congress may be arrested or placed on trial without the consent of the National People's Congress or, when the National People's Congress is not in session, of its Standing Committee. Article 21. The state protects the rights of citizens to inherit private property according to law. The National People's Congress amended Articles 10 and 11 of the Constitution. The Constitution also guarantees the freedom of religious worship as well as the "freedom not to believe in any religion" and affirms that "religious bodies and religious affairs are not subject to any foreign domination. The state deprives feudal landlords and bureaucrat-capitalists of political rights for a specific period of time according to law; at the same time it provides them with a way to earn a living, in order to enable them to reform through work and become citizens who earn their livelihood by their own labour. Article 77. by China. On the eve of the Cultural Revolution, Liu Shaoqi, then the PRC President, fell victim to the Constitution itself. The organs of self-government of all autonomous regions, autonomous chou and autonomous counties exercise the functions and powers of local organs of state as specified in Section IV of Chapter Two of the Constitution. The state makes use of the positive sides of capitalist industry and commerce which are beneficial to national welfare and the people's livelihood, restricts their negative sides which are not beneficial to national welfare and the people's livelihood, encourages and guides their transformation into various form of state-capitalist economy, gradually replacing capitalist ownership with ownership by the whole people; and this it does by means of control exercised by administrative organs of state, the leadership given by the state sector of the economy, and supervision by the workers. Party, government, military, civilian, and academic, north, south, east, west, and center, the Party leads everything. The Standing Committee of the National People's Congress exercises its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress. Books published in the PRC since the 1980s regarded the 1975 and 1978 promulgations of the Constitutions as ones with "serious errors". Article 2. Article 81. The widespread expression of the four big rights during the student protests of late 1986 elicited the regime's strong censure because of their illegality. The Congress amended the Constitution, exercised legislative power, appointed the president and the vice-president, and voted the budget and plans for economic development. Article 2. The People's Republic of China is a people's democratic state led by the working class and based on the alliance of workers and peasants. The State Council had no power over the National Defense Council, the Supreme People's Court, the court of appeal and the court controlling all judicial activities, and the Supreme People's Procuratorate. In chapter three, the Constitution defined the rights and duties of citizens. The legislative body of the state structure was the National People's Congress (Quanguo renmin daibiao dahui ). A local people's council is composed, according to its level, of the provincial governor and deputy provincial governors; or the mayor and deputy mayors; or the county head and deputy county heads; or the district head and deputy district heads; or the hsiang head and the deputy hsiang heads; or the town head and deputy town heads, as the case may be; together with council members. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped. Article 55. Article 106. Article 90. Regime change, State building, Transition . This chapter consists of 19 articles and it protects a citizens customs, habits and religious beliefs. The local people's congresses elect, and, have power to recall, members of the people's councils at corresponding levels. Township congresses (7-30 delegates), elected for two years, elected the county congresses (30-40 delegates), also elected for two years. The organization and work of organs of self-government are specified in Section V of Chapter Two of the Constitution. Article 75. 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 . ", "Governing the "Constitutional Vacuum" Federalism, Rule of Law, and Politburo Politics in China", Official Translation of the Constitution of the People's Republic of China, The Constitution of the People's Republic of China - Official Chinese text, English translation of the Constitution of the People's Republic of China, incorporating amendments up to 2018, English version of the Constitution of the People's Republic of China, incorporating amendments up to 2004, The National People's Congress of the People's Republic of China: Constitution of the People's Republic of China (Full text after amendment on March 14, 2004), Proclamation of the People's Republic of China, 1989 Tiananmen Square protests and massacre, https://en.wikipedia.org/w/index.php?title=Constitution_of_the_People%27s_Republic_of_China&oldid=1120193886, CS1 Simplified Chinese-language sources (zh-hans), Articles lacking in-text citations from June 2013, Articles containing Chinese-language text, Articles with unsourced statements from August 2012, Wikipedia articles incorporating text from the Library of Congress Country Studies, Creative Commons Attribution-ShareAlike License 3.0, Decentralization within a Unitary State (, Yes the National People's Congress, which elects all other state authorities, is itself elected by two layers of, The Fundamental Rights and Duties of Citizens (Chapter 2), The Structure of the State (Chapter 3) which includes such state organs as the. Article 1 of the Constitution describes China as "a socialist state under the people's democratic dictatorship"[5] meaning that the system is based on an alliance of the working classesin communist terminology, the workers and peasantsand is led by the Chinese Communist Party (CCP), the vanguard of the working class. Common Program of the CPPCC 1949. The first chapter in the Constitution of 1954 includes 20 articles and it deals with the general issue of defining social and economic structure. Ideally this will be a scanned copy of the original that can be uploaded to Wikimedia Commons and proofread. It vests all national legislative power in the hands of the National People's Congress and its Standing Committee. This page was last edited on 5 November 2022, at 17:32. It was elected for a four-year term by provincial congresses, which were in turn elected by congresses at the district (xian) and village/township (xiang) levels. The State Council of the People's Republic of China, that is, the Central People's Government, is the executive organ of the highest state authority; it is the highest administrative organ of state. It lasted until the years of the Cultural Revolution, when the administration was replaced by revolutionary committees (geming weiyuanhui ). Article 79. The Supreme People's Procuratorate is responsible to the National People's Congress and reports to it; or, when the National People's Congress is not is session, to its Standing Committee. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution.[1]. All organs of state must rely on the masses of the people, constantly maintain close contact with them, heed their opinions and accept their supervision. The State Council and its Standing Committee, by contrast, are made responsible for executing rather than enacting the laws. (14) to exercise such other functions and powers as the National People's Congress considers necessary. Article 53. Article 38. (19) to exercise such other functions and powers as are vested in it by the National People's Congress. The accused had, in theory, the right to defense. Article 24. In February 1980, following the Democracy Wall period, the four bigs were abolished in response to a party decision ratified by the National People's Congress. The Lyttelton Constitution of 1954 was the product of the Macpherson Constitution which was reviewed and revised through constitutional conferences e.g the 1953 London and 1954 Lagos. Partial collective ownership by the working masses is a transitional form by means of which individual peasants, individual handicraftsmen and other individual working people organize themselves in their advance towards collective ownership by the working masses. To guarantee enjoyment of this right, the state, by planned development of the national economy, gradually creates more employment and better working conditions and wages. Any citizen of the People's Republic of China who has the right to vote and stand for election and has reached the age of thirty-five is eligible for election as Chairman of the People's Republic of China. In accordance with the Common Program, preparations soon began for convening the first National People's Congress and the drafting of the first permanent Constitution of the People's Republic of China. This problem has largely been addressed with various and ongoing reforms of Hukou in 2007. The 1954 Constitution was replaced in the midst of the Cultural Revolution by the 1975 Constitution of the People's Republic of China. Sabotage of the socialist system by any organization or individual is prohibited. Article 66. Religion The National People's Congress has power to recall members of its Standing Committee. 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