Constitution of the People's Republic of China
(Full text after amendment on
March 14, 2004)
Chapter I General Principles
Article 1 The People’s Republic of China is a socialist state under the
people’s democratic dictatorship led by the working class and based on the
alliance of workers and peasants.
The socialist system is the basic system of the People’s Republic
of China. Disruption of the socialist system by any organization or individual
is prohibited.
Article 2 All power in the People’s Republic of China belongs to the people.
The National People’s Congress and the local people’s congresses
at various levels are the organs through which the people exercise state power.
The people administer State affairs and manage economic and
cultural undertakings and social affairs
through various channels and in
various ways in accordance with the provisions of law.
ترجمه عنوان و دو ماده اول
دانشجویان ارشد دقت نمایند که ترجمه قانون اساسی چین مدنظر نمی باشد بلکه تحلیل نظام سیاسی کفایت خواهد بود.
انون اساسی جمهوری خلق چین
(متن کامل پس از اصلاح در 14 مارس 2004)
فصل اول: اصول عمومی
ماده 1 : جمهوری خلق چین یک کشور سوسیالیستی تحت اداره دموکراتیک مردم، توسط طبقه کارگر با محوریت اتحاد کارگران و دهقانان است.
نظام سوسیالیستی پایه جمهوری خلق چین است. اختلال در سیستم سوسیالیستی توسط هر فرد یا سازمانی ممنوع است.
ماده 2 : همه قدرت در جمهوری خلق چین از آن مردم است.
مردم از طریقکنگره ملی خلق و کنگره های مردمی محلی در سطوح مختلف اقدام به اعمال قدرت دولتی می نمایند.
مردم اداره امور دولت و مدیریت اقتصادی و اقدامات فرهنگی و نیز امور اجتماعی را از طریق کانال های مختلف و با روش های مطابق با قوانین در دست دارند.
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چین جمهوری خلق چین یک کشور سوسیالیستی با نظام دیکتاتوری دموکراتیک خلق است که به رهبری طبقه کاگر و بر پایه اتحاد کارگر و کشاورز مبتنی است. نظام سوسیالیسم نظام اصلی جمهوری خلق چین می باشد.
قانون اساسی
قانون اساسی قانون اصلی چین است. در قانون اساسی معمولا مضامین مهمی مانند اصولاساسی نظام اجتماعی و نظام کشور ، اصول اساسی سازماندهی اداره دولتی و فعالیت های آن ، حقوق و وظایف اساسی اتباع قید شده است. علاوه بر این ، در این قانون مضامینی مانند پرچم ملی ، سرود ملی ، نشان ملی و پایتخت و نظامهای دیگر مورد توجه طبقه حاکم قید شده است که مربوط به تمام زمینه ها در کشور است. قانون اساسی عالی ترین مرجع حقوقی بوده و ماخذ تنظیم قوانین دیگر است. هیچ قانون و مقرراتی نباید با قانون اساسی مغایرت داشته باشد.
برنامه مشترک کنفرانس مشورت سیاسی خلق چین که در آستانه تاسیس جمهوری خلق چینصادر شده، نه تنها اساسنامه جبهه واحد دموکراتیک خلق چین بوده ، بلکه نقش قانون اساسی موقت را اجرا کرده است. این برنامه مشترک نخستین اجلاس عمومی کنفرانس مشورت سیاسی خلق چین به تصویب رسید و در 29 سپتامبر سال 1949میلادی صادر شد و قبل از صدور قانون اساسی جمهوری خلق چین نقش قانون اساسی موقت را ایفا کرد.
پس از تاسیس جمهوری خلق چین در اول اکتبر سال 1949 ، جداگانه در سالهای 1954 ،1975 ، 1978 و 1982 چهار قانون اساسی جمهوری خلق چین تنظیم و صادر شد.
چهارمین قانونی اساسی جمهوری خلق چین یعنی قانون اساسی فعلی در چهارم دسامبر سال1982 در 5مین اجلاس 5مین مجلس ملی نمایندگان خلق چین به تصویب رسیده و صادر شد. اینقانون ضمن ادامه وتوسعه اصول اساسی قانون اساسی سال 1954 ، با توجه به جمع بندیتجربیات توسعه سوسیالیستی چین و جلب تجربیات بین المللی در این زمینه ، یک قانون اصلی دارای ویژگیهای چین و منطبق با نیازساختار مدرنیزاسیون سوسیالیستی چین محسوب می شود. در این قانون به طور مشخص نظامهای سیاسی و اقتصادی جمهوری خلق چین ، حقوق و وظایف اتباع تاسیس ارگانهای دولتی و چهارچوب ماموریت و وظایف اصلی کشور در آینده قید شده است. ویژگی های اساسی این قانون قید نظام و وظایف اصلی چین ، تشخیص چهاراصل اساسی و رهنمود اساسی اصلاحات ودرهای باز است. در این قانون قید شده است که مردم تمام ملتهای و سازمان های سراسر کشور باید طبق قانون اساسی فعالت کرده وهیچ سازمان یا شخصی حق تخطی و نقض قانون اساسی و قوانین دیگر را ندارد.
این قانون به پنج بخش مقدمه ، برنامه اساسی ، حقوق و وظایف اساسی اتباع ، ارگان های دولتی ، پرچم ملی ، نشانه ملی و پایتخت تقسیم شده و شامل 4 فصل و 138 ماده است. چین پس ازصدور این قانون برای چهار بار در آن تجدید نظر کرده است.
نظام مجلس ملی نمایندگان خلق
نظام مجلس ملی نمایندگان خلق نظام اصلی سیاسی چین بوده و شکل سازمانی قدرت سیاسی دیکتاتوری دموکراتیک چین و نظام دولتی چین به شمار می رود. مجلس ملی نمایندگان خلق چین متفاوت با پارلمان نظام تفکیک و توازن سه قو است. مجلس ملی نمایندگان خلق چین براساس قانون اساسی به عنوان عالی ترین مرجع قدرت کشور تعیین شده است. هر تبعه چینی از 18 سالگی حق انتخاب و منتخب شدن به عنوان نماینده مجلس ملی را دارد. در چین ، در مجالس سطوح مختلف مردم درمیان نمایندگان ، نمایندگان مجلس در سطوح شهرستانها و روستاها با انتخابات مستقیم برگیزده می شوند و نمایندگان سطوح بالاتر از طریق انتخابات غیر مستقم انتخاب می گردد . مجلس ملی نمایندگان خلق سراسری مرکب از نمایندگان منتخب استانها ، مناطق خودمختار ، شهرهای تابع مرکز و ارتش است. دوره ماموریت مجلس ملی سطوح مختلف 5 سال است و سالانه یک اجلاس عمومی برگزار می شود.
در اجلاس سالانه مجلس ملی نمایندگاه خلق چین ، نمایندگان ضمن استماع گزارش کار دولتی و گزارشهای مهم دیگر، به بررسی و رسیدگی آنها پرداخته و قطعنامه های مربوط را به تصویب می رسانند. در زمانی که کنفرانس تشکیل جلسه نمی دهد کمیسیون دائمی مجلس ملی نمایندگان خلق ، ارگان دائمی مجلس ملی نمایندگان سطوح مختلف اختیارات محوله از سوی مجلس ملی را اجرا می کند. برای نمونه قدرت کمیسیون دائمی مجلس ملی عبارت است از تشریح قانون اساسی ، نظارت بر اجرای قانون اساسی ، تنظیم و اصلاح قوانین به غیر از قوانین تنظیم شده توسط اجلاس عمومی مجلس ملی و مسئولیت پذیری در برابر مجلس ملی و تسلیم گزارش کار به مجلس ملی و غیره . قدرت اساسی مجلس ملی شامل حق قانونگذاری ، حق نظارت ، حق تصمیم گیری در باره امور بزرگ و نصب و غزل پرسنل است . در چین تنظیم برنامه های توسعه اقتصاد ملی و اجتماعی راهبرد مهمی برای مساعدت به پیشرفت اجتماعی چین محسوب می شود . ولی این برنامه ها تنها در صورت تصویب در مجلس ملی نمایندگان خلق سراسری اعتبار حقوقی می گیرد. در قانون چین قید شده است که رهبران عمده چین از جمله رییس جمهورو رییس کمیته دائمی مجلس ملی باید به مجلس ملی نمایندگان خلق معرفی و از طریق انتخاب برگزیده شوند. نخست وزیر شورای دولتی و وزیران وزارتهای مخلتف نیز باید به مجلس ملی نمایندگان خلق معرفی و سپس منصوب شوند. مجلس ملی نمایندگاه خلق سراسری نیز می تواند از طریق تشریفات طرح پیشنهادی عزل رهبران منتخب وتعیین شده از جمله رییس کمیته دائمی مجلس ملی نمایندگان سراسری ، رییس جمهور و نخست وزیر را عنوان کرد.
نظام همکاری چند حزبی و مشورت سیاسی
نظام همکاری چند حزبی و مشورت سیاسی به رهبری حزب کمونیست چین نظام سیاسی اصلیچین محسوب می شود.
چین کشوری دارای چند حزبی است. بغیر از حزب کمونیست یعنی 8 حزب دموکراتیک در اینکشور وجود دارد که قبل از ایجاد جمهوری خلق چین به وجود آمده و در زمینه سیاسی طرفدار رهبری حزب کمونیست است و این انتخاب تاریخی را آنان در جریان همکاری طولانی و مبارزات مشترک به اتفاق حزب کمونیست چین انجام کرده اند. حزب کمونیست چین و دیگراحزاب دموکراتیک باید طبق قانون اساسی فعالیت کنند. احزاب دموکراتیک از لحاظ سازماندهی مستقل بوده واز آزادی سیاسی ، استقلال تشکیلاتی برابری حقوقی در چهارچوب مقررات در قانون اساسی بهرمند هستند. رهنمود اساسی همکاری حزب کمونیست چین با احزاب دموکراتیک دیگر " همزیستی دراز مدت ، نظارت متقابل ، نشان صداقت و شفافیت متقابل و مشارکت در افتخارات و مشکلات یکدیگر است.
احزاب و گروههای دموکراتیک چین ا حزاب اپوزاسیون ویا حزب مخالف نیست ، بلکه احزابی هستند که در امور سیاسی و دولتی مشارکت دارد. مضامین اساسی مشارکت احزاب و گروه های دموکراتیک درامور سیاسی و دولتی عبارت است از مشارکت در مشورتهای مرتبط با راهنمود های مهم کشور و نامزدهای رهبری کشور ، شرکت در مدیریت امور کشور و اجرایرهنمودهای ،سیاستها ، قوانین و مقرارت کشور .
حزب کمونیست چین پیش از اتخاذ تدابیر بزرگ و تصمیم گیری در باره امور مهم و بزرگمربوط به امور ملی و زندگی مردم ضمن مشورت گسترده با اجزاب دموکراتیک و شخصیتهای بی طرف نظریات وپیشنهادهای آنان را استماع می کند و بعد تصمیم می گیرد. احزابدموکراتیک و شخصیت های غیر حزبی درمجلس ملی نمایندگان خلق و کمیته دائمی این مجلس ،کمیسیون ویژه دائمی مجلس و در مجالس محلس نمایندگانی درصد تناسب دارند تا به این شگل بتوانند بهتر در رایزنی های سیاسی مشارکت کرده و نقش نظارتی خود را به خوبی ایفا کنند. این احزاب در کنفرانس مشورت سیاسی خلق چین نیز ایفای نقش می کنند و اعضای خود را برای کادر رهبری و ارگانهای دادگستری سطوح مختلف نامزد می کنند.
اشکال عمده همکاری چند حزبی و مشورت سیاسی به شرح زیر است : اول کنفرانس مشورتسیاسی خلق ، کنفرانس مشورت سیاسی خلق محل مهم مشارکت احزاب دموکراتیک ، گروه هایمردمی و نمایندگان محافل مختلف در امور سیاسی و دولتی و مشورت و بررسی آن محسوب میشود. دوم نشست های کمیته مرکزی حزب کمونیست و کمیته حزبی مناطق مختلف . در این نشست ها ضمن اطلاع رسانی درباره مهمترین مسائل درباره رهنمودها و سیاستهای مهم ،نامزدهای رهبری دولت کشور و دولتهای محلی ، نمایندگان مجلس ملی و اعضای کنفرانسمشورت سیاسی خلق با احزاب دموکراتیک مشورت می شود تا نظرات و پیشنهادهای آنان رااستماع گردد. سوم مشارکت نمایندگان احزاب دموکراتیک به عنوان نمایندگان مردم در مجالس سطوح مختلف نمایندگان خلق در امور سیاسی و دولتی و ایفای نقش نظارتی. چهارم اینکه اعضای احزاب دموکراتیک به پستهای رهبری شورای دولتی و وزارتها و دولتهای بالاتر از شهرستانها و ادارات مربوطه معرفی می شوند. پنجم اینکه اعضای احزاب دموکراتیک واجد شرایط به عنوان رهبران ادارات دادستانی و دادرسی معرفی می گردد.
Article 3 The State organs of the People’s Republic of China apply the
principle of democratic
centralism.
The National People’s Congress and the local people’s congresses
at various levels are constituted through democratic elections. They are
responsible to the people and subject to their supervision.
All administrative, judicial and procuratorial organs of the State
are created by the people’s congresses to which they are responsible and by
which they are supervised.
The division of functions and powers between the central and local
State organs is guided by the principle of giving full scope to the initiative
and enthusiasm of the local authorities under the unified leadership of the
central authorities.
Article 4 All nationalities in the People’s Republic of China are equal. The
State protects the lawful rights and interests of the minority nationalities
and upholds and develops a relationship of equality, unity and mutual assistance
among all of China’s nationalities. Discrimination against and oppression of
any nationality are prohibited; any act which undermines the unity of the
nationalities or instigates division is prohibited.
The State assists areas inhabited by minority nationalities in
accelerating their economic and cultural development according to the
characteristics and needs of the various minority nationalities.
Regional autonomy is practised in areas where people of minority
nationalities live in concentrated communities; in these areas organs of
self-government are established to exercise the power of autonomy. All national
autonomous areas are integral parts of the People’s Republic of China.
All nationalities have the freedom to use and develop their own
spoken and written languages and to preserve or reform their own folkways and
customs.
Article 5 The People’s Republic of China governs the country according to
law and makes it a socialist country under rule of law.
The State upholds the uniformity and dignity of the socialist
legal system.
No laws or administrative or local regulations may contravene the
Constitution.
All State organs, the armed forces, all political parties and
public organizations and all enterprises and institutions must abide by the
Constitution and other laws. All acts in violation of the Constitution or other
laws must be investigated.
No organization or individual is privileged to be beyond the
Constitution or other laws.
Article 6 The basis of the socialist economic system of the People’s Republic
of China is socialist public ownership of the means of production, namely,
ownership by the whole people and collective ownership by the working people.
The system of socialist public ownership supersedes the system of exploitation
of man by man; it applies the principle of “from each according to his ability,
to each according to his work”.
In the primary stage of socialism, the State upholds the basic
economic system in which the public ownership is dominant and diverse forms of
ownership develop side by side and keeps to the distribution system in which
distribution according to work is dominant and diverse modes of distribution
coexist.
Article 7 The State-owned economy, namely, the socialist economy under
ownership by the whole people, is the leading force in the national economy.
The State ensures the consolidation and growth of the State-owned economy.
Article 8 The rural collective economic organizations apply the dual
operation system characterized by the combination of centralized operation with
decentralized operation on the basis of operation by households under a
contract. In rural areas, all forms of cooperative economy, such as producers’,
supply and marketing, credit and consumers’ cooperatives, belong to the sector
of socialist economy under collective ownership by the working people. Working
people who are members of rural economic collectives have the right, within the
limits prescribed by law, to farm plots of cropland and hilly land allotted for
their private use, engage in household sideline production and raise privately
owned livestock.
The various forms of cooperative economy in cities and towns, such
as those in the handicraft, industrial, building, transport, commercial and
service trades, all belong to the sector of socialist economy under collective
ownership by the working people.
The State protects the lawful rights and interests of the urban and
rural economic collectives and encourages, guides and helps the growth of the
collective economy.
Article 9 All mineral resources, waters, forests, mountains, grasslands,
unreclaimed land, beaches and other natural resources are owned by the State,
that is, by the whole people, with the exception of the forests, mountains,
grasslands, unreclaimed land and beaches that are owned by collectives as
prescribed by law.
The State ensures the rational use of natural resources and
protects rare animals and plants. Appropriation or damaging of natural
resources by any organization or individual by whatever means is prohibited.
Article 10 Land in the cities is owned by the State.
Land in the rural and suburban areas is owned by collectives
except for those portions which belong to the State as prescribed by law; house
sites and privately farmed plots of cropland and hilly land are also owned by
collectives.
The State may, in the public interest and in accordance with law,
expropriate or requisition land for its use and make compensation for the land
expropriated or requisitioned.
No organization or individual may appropriate, buy, sell or
otherwise engage in the transfer of land by unlawful means. The right to the
use of land may be transferred according to law.
All organizations and individuals using land must ensure its
rational use.
Article 11 The non-public sectors of the economy such as the individual and
private sectors of the economy, operating within the limits prescribed by law,
constitute an important component of the socialist market economy.
The State protects the lawful rights and interests of the
non-public sectors of the economy such as the individual and private sectors of
the economy. The State encourages, supports and guides the development of the
non-public sectors of the economy and, in accordance with law, exercises
supervision and control over the non-public sectors of the economy.
Article 12 Socialist public property is inviolable.
The State protects socialist public property. Appropriation or
damaging of State or collective property by any organization or individual by
whatever means is prohibited. Article 13 Citizens’ lawful private property is
inviolable.
The State, in accordance with law, protects the rights of citizens
to private property and to its inheritance.
The State may, in the public interest and in accordance with law,
expropriate or requisition private property for its use and make compensation
for the private property expropriated or requisitioned.
Article 14 The State continuously raises labour productivity, improves
economic results and develops the productive forces by enhancing the enthusiasm
of the working people, raising the level of their technical skill,
disseminating advanced science and technology, improving the systems of
economic administration and enterprise operation and management, instituting
the socialist system of responsibility in various forms and improving the
organization of work.
The State practises strict economy and combats waste.
The State properly apportions accumulation and consumption,
concerns itself with the interests of the collective and the individual as well
as of the State and, on the basis of expanded production, gradually improves
the material and cultural life of the people.
The State establishes a sound social security system compatible
with the level of economic development.
Article 15 The State practises socialist market economy.
The State strengthens economic legislation, improves
macro-regulation and control.
The State prohibits in accordance with law any organization or
individual from disturbing the socio-economic order.
Article 16 State-owned enterprises have decision-making power with regard to
their operation within the limits prescribed by law.
State-owned enterprises practise democratic management through
congresses of workers and staff and in other ways in accordance with law.
Article 17 Collective economic organizations have decision-making power in
conducting independent economic activities, on condition that they abide by the
relevant laws.
Collective economic organizations practise democratic management
and, in accordance with law, elect or remove their managerial personnel and
decide on major issues concerning operation and management.
Article 18 The People’s Republic of China permits foreign enterprises, other
foreign economic organizations and individual foreigners to invest in China and
to enter into various forms of economic cooperation with Chinese enterprises
and other Chinese economic organizations in accordance with the provisions of
the laws of the People’s Republic of China.
All foreign enterprises, other foreign economic organizations as
well as Chinese-foreign joint ventures within Chinese territory shall abide by
the laws of the People’s Republic of China. Their lawful rights and interests
are protected by the laws of the People’s Republic of China.
Article 19 The State undertakes the development of socialist education and
works to raise the scientific and cultural level of the whole nation.
The State establishes and administers schools of various types,
universalizes compulsory primary education and promotes secondary, vocational
and higher education as well as pre-school education.
The State develops educational facilities in order to eliminate
illiteracy and provide political, scientific, technical and professional
education for workers, peasants, State functionaries and other working people.
It encourages people to become educated through independent study.
The State encourages the collective economic organizations, State
enterprises and institutions and other sectors of society to establish
educational institutions of various types in accordance with law.
The State promotes the nationwide use of Putonghua [common speech
based on Beijing pronunciation--Tr.].
Article 20 The State promotes the development of the natural and social
sciences, disseminates knowledge of science and technology, and commends and
rewards achievements in scientific research as well as technological
innovations and inventions.
Article 21 The State develops medical and health services, promotes modern
medicine and traditional Chinese medicine, encourages and supports the setting
up of various medical and health facilities by the rural economic collectives,
State enterprises and institutions and neighbourhood organizations, and
promotes health and sanitation activities of a mass character, all for the
protection of the people’s health.
The State develops physical culture and promotes mass sports
activities to improve the people’s physical fitness.
Article 22 The State promotes the development of art and literature, the
press, radio and television broadcasting, publishing and distribution services,
libraries, museums, cultural centres and other cultural undertakings that serve
the people and socialism, and it sponsors mass cultural activities.
The State protects sites of scenic and historical interest,
valuable cultural monuments and relics and other significant items of China’s
historical and cultural heritage.
Article 23 The State trains specialized personnel in all fields who serve
socialism, expands the ranks of intellectuals and creates conditions to give
full scope to their role in socialist modernization.
Article 24 The State strengthens the building of a socialist society with an
advanced culture and ideology by promoting education in high ideals, ethics,
general knowledge, discipline and the legal system, and by promoting the
formulation and observance of rules of conduct and common pledges by various
sections of the people in urban and rural areas.
The State advocates the civic virtues of love of the motherland,
of the people, of labour, of science and of socialism. It conducts education
among the people in patriotism and collectivism, in internationalism and
communism and in dialectical and historical materialism, to combat capitalist,
feudal and other decadent ideas.
Article 25 The State promotes family planning so that population growth may
fit the plans for economic and social development.
Article 26 The State protects and improves the environment in which people
live and the ecological environment. It prevents and controls pollution and
other public hazards.
The State organizes and encourages afforestation and the
protection of forests.
Article 27 All State organs carry out the principle of simple and efficient
administration, the system of responsibility for work and the system of
training functionaries and appraising their performance in order constantly to
improve the quality of work and efficiency and combat bureaucratism.
All State organs and functionaries must rely on the support of the
people, keep in close touch with them, heed their opinions and suggestions,
accept their supervision and do their best to serve them.
Article 28 The State maintains public order and suppresses treasonable and
other criminal activities that endanger State security; it penalizes criminal
activities that endanger public security and disrupt the socialist economy as
well as other criminal activities; and it punishes and reforms criminals.
Article 29 The armed forces of the People’s Republic of China belong to the
people. Their tasks are to strengthen national defence, resist aggression,
defend the motherland, safeguard the people’s peaceful labour, participate in
national reconstruction and do their best to serve the people.
The State strengthens the revolutionization, modernization and
regularization of the armed forces in order to increase national defence
capability.
Article 30 The administrative division of the People’s Republic of China is
as follows:
(1) The country is divided into provinces, autonomous regions, and
municipalities directly under the Central Government;
(2) Provinces and autonomous regions are divided into autonomous
prefectures, counties, autonomous counties, and cities; and
(3) Counties and autonomous counties are divided into townships,
nationality townships, and towns.
Municipalities directly under the Central Government and other
large cities are divided into districts and counties. Autonomous prefectures
are divided into counties, autonomous counties, and cities.
All autonomous regions, autonomous prefectures and autonomous
counties are national autonomous areas.
Article 31 The State may establish special administrative regions when
necessary. The systems to be instituted in special administrative regions shall
be prescribed by law enacted by the National People’s Congress in the light of
specific conditions.
Article 32 The People’s Republic of China protects the lawful rights and
interests of foreigners within Chinese territory; foreigners on Chinese
territory must abide by the laws of the People’s Republic of China.
The People’s Republic of China may grant asylum to foreigners who
request it for political reasons.
Chapter II The Fundamental Rights and
Duties of Citizens
Article 33 All persons holding the nationality of the People’s Republic of
China are citizens of the People’s Republic of China.
All citizens of the People’s Republic of China are equal before
the law.
The State respects and preserves human rights.
Every citizen is entitled to the rights and at the same time must
perform the duties prescribed by the Constitution and other laws.
Article 34 All citizens of the People’s Republic of China who have reached
the age of 18 have the right to vote and stand for election, regardless of
ethnic status, race, sex, occupation, family background, religious belief,
education, property status or length of residence, except persons deprived of
political rights according to law.
Article 35 Citizens of the People’s Republic of China enjoy freedom of
speech, of the press, of assembly, of association, of procession and of
demonstration.
Article 36 Citizens of the People’s Republic of China enjoy freedom of
religious belief.
No State organ, public organization or individual may compel
citizens to believe in, or not to believe in, any religion; nor may they
discriminate against citizens who believe in, or do not believe in, any
religion.
The State protects normal religious activities. No one may make
use of religion to engage in activities that disrupt public order, impair the
health of citizens or interfere with the educational system of the State.
Religious bodies and religious affairs are not subject to any
foreign domination.
Article 37 Freedom of the person of citizens of the People’s Republic of
China is inviolable.
No citizen may be arrested except with the approval or by decision
of a people’s procuratorate or by decision of a people’s court, and arrests
must be made by a public security organ.
Unlawful detention or deprivation or restriction of citizens’
freedom of the person by other means is prohibited, and unlawful search of the
person of citizens is prohibited.
Article 38 The personal dignity of citizens of the People’s Republic of China
is inviolable. Insult, libel, false accusation or false incrimination directed
against citizens by any means is prohibited.
Article 39 The residences of citizens of the People’s Republic of China are
inviolable. Unlawful search of, or intrusion into, a citizen’s residence is
prohibited.
Article 40 Freedom and privacy of correspondence of citizens of the People’s
Republic of China are protected by law. No organization or individual may, on
any ground, infringe upon citizens’ freedom and privacy of correspondence,
except in cases where, to meet the needs of State security or of criminal
investigation, public security or procuratorial organs are permitted to censor
correspondence in accordance with the procedures prescribed by law.
Article 41 Citizens of the People’s Republic of China have the right to
criticize and make suggestions regarding any State organ or functionary.
Citizens have the right to make to relevant State organs complaints or charges
against, or exposures of, any State organ or functionary for violation of law
or dereliction of duty; but fabrication or distortion of facts for purposes of
libel or false incrimination is prohibited.
The State organ concerned must, in a responsible manner and by
ascertaining the facts, deal with the complaints, charges or exposures made by
citizens. No one may suppress such complaints, charges and exposures or
retaliate against the citizens making them.
Citizens who have suffered losses as a result of infringement of
their civic rights by any State organ or functionary have the right to
compensation in accordance with the provisions of law.
Article 42 Citizens of the People’s Republic of China have the right as well
as the duty to work.
Through various channels, the State creates conditions for
employment, enhances occupational safety and health, improves working
conditions and, on the basis of expanded production, increases remuneration for
work and welfare benefits.
Work is a matter of honour for every citizen who is able to work.
All working people in State-owned enterprises and in urban and rural economic
collectives should approach their work as the masters of the country that they
are. The State promotes socialist labour emulation, and commends and rewards
model and advanced workers. The State encourages citizens to take part in
voluntary labour.
The State provides necessary vocational training for citizens
before they are employed.
Article 43 Working people in the People’s Republic of China have the right to
rest.
The State expands facilities for the rest and recuperation of the
working people and prescribes working hours and vacations for workers and
staff.
Article 44 The State applies the system of retirement for workers and staff members
of enterprises and institutions and for functionaries of organs of State
according to law. The livelihood of retired persons is ensured by the State and
society.
Article 45 Citizens of the People’s Republic of China have the right to
material assistance from the State and society when they are old, ill or
disabled. The State develops social insurance, social relief and medical and
health services that are required for citizens to enjoy this right.
The State and society ensure the livelihood of disabled members of
the armed forces, provide pensions to the families of martyrs and give
preferential treatment to the families of military personnel.
The State and society help make arrangements for the work,
livelihood and education of the blind, deaf-mutes and other handicapped
citizens.
Article 46 Citizens of the People’s Republic of China have the duty as well
as the right to receive education.
The State promotes the all-round development of children and young
people, morally, intellectually and physically.
Article 47 Citizens of the People’s Republic of China have the freedom to
engage in scientific research, literary and artistic creation and other
cultural pursuits. The State encourages and assists creative endeavours
conducive to the interests of the people that are made by citizens engaged in
education, science, technology, literature, art and other cultural work.
Article 48 Women in the People’s Republic of China enjoy equal rights with
men in all spheres of life, in political, economic, cultural, social and family
life.
The State protects the rights and interests of women, applies the
principle of equal pay for equal work to men and women alike and trains and
selects cadres from among women.
Article 49 Marriage, the family and mother and child are protected by the
State.
Both husband and wife have the duty to practise family planning.
Parents have the duty to rear and educate their children who are
minors, and children who have come of age have the duty to support and assist
their parents.
Violation of the freedom of marriage is prohibited. Maltreatment
of old people, women and children is prohibited.
Article 50 The People’s Republic of China protects the legitimate rights and
interests of Chinese nationals residing abroad and protects the lawful rights and
interests of returned overseas Chinese and of the family members of Chinese
nationals residing abroad.
Article 51 Citizens of the People’s Republic of China, in exercising their
freedoms and rights, may not infringe upon the interests of the State, of society
or of the collective, or upon the lawful freedoms and rights of other citizens.
Article 52 It is the duty of citizens of the People’s Republic of China to
safeguard the unification of the country and the unity of all its
nationalities.
Article 53 Citizens of the People’s Republic of China must abide by the
Constitution and other laws, keep State secrets, protect public property,
observe labour discipline and public order and respect social ethics.
Article 54 It is the duty of citizens of the People’s Republic of China to
safeguard the security, honour and interests of the motherland; they must not
commit acts detrimental to the security, honour and interests of the
motherland.
Article 55 It is the sacred duty of every citizen of the People’s Republic of
China to defend the motherland and resist aggression.
It is the honourable duty of citizens of the People’s Republic of
China to perform military service and join the militia in accordance with law.
Article 56 It is the duty of citizens of the People’s Republic of China to
pay taxes in accordance with law.
Chapter III The Structure of the State
Section 1 The National People's Congress
Article 57 The National People’s Congress of the People’s Republic of China
is the highest organ of state power. Its permanent body is the Standing
Committee of the National People’s Congress.
Article 58 The National People’s Congress and its Standing Committee exercise
the legislative power of the State.
Article 59 The National People’s Congress is composed of deputies elected
from the provinces, autonomous regions, municipalities directly under the
Central Government, and special administrative regions, and of deputies elected
from the armed forces. All the minority nationalities are entitled to
appropriate representation.
Election of deputies to the National People’s Congress is
conducted by the Standing Committee of the National People’s Congress.
The number of deputies to the National People’s Congress and the
procedure of their election are prescribed by law.
Article 60 The National People’s Congress is elected for a term of five
years.
The Standing Committee of the National People’s Congress must
ensure the completion of election of deputies to the succeeding National
People’s Congress two months prior to the expiration of the term of office of
the current National People’s Congress. Should extraordinary circumstances
prevent such an election, it may be postponed and the term of office of the
current National People’s Congress extended by the decision of a vote of more
than two-thirds of all those on the Standing Committee of the current National
People’s Congress. The election of deputies to the succeeding National People’s
Congress must be completed within one year after the termination of such
extraordinary circumstances.
Article 61 The National People’s Congress meets in session once a year and is
convened by its Standing Committee. A session of the National People’s Congress
may be convened at any time the Standing Committee deems it necessary or when
more than one-fifth of the deputies to the National People’s Congress so
propose.
When the National People’s Congress meets, it elects a Presidium
to conduct its session.
Article 62 The National People’s Congress exercises the following functions
and powers:
(1) to amend the Constitution;
(2) to supervise the enforcement of the Constitution;
(3) to enact and amend basic laws governing criminal offences,
civil affairs, the State organs and other matters;
(4) to elect the President and the Vice-President of the People’s
Republic of China;
(5) to decide on the choice of the Premier of the State Council
upon nomination by the President of the People’s Republic of China, and on the
choice of the Vice-Premiers, State Councillors, Ministers in charge of
ministries or commissions, the Auditor-General and the Secretary-General of the
State Council upon nomination by the Premier;
(6) to elect the Chairman of the Central Military Commission and,
upon nomination by the Chairman, to decide on the choice of all other members
of the Central Military Commission;
(7) to elect the President of the Supreme People’s Court;
(8) to elect the Procurator-General of the Supreme People’s
Procuratorate;
(9) to examine and approve the plan for national economic and
social development and the report on its implementation;
(10) to examine and approve the State budget and the report on its
implementation;
(11) to alter or annul inappropriate decisions of the Standing
Committee of the National People’s Congress;
(12) to approve the establishment of provinces, autonomous
regions, and municipalities directly under the Central Government;
(13) to decide on the establishment of special administrative
regions and the systems to be instituted there;
(14) to decide on questions of war and peace; and
(15) to exercise such other functions and powers as the highest
organ of state power should exercise.
Article 63 The National People’s Congress has the power to remove from office
the following persons:
(1) the President and the Vice-President of the People’s Republic
of China;
(2) the Premier, Vice-Premiers, State Councillors, Ministers in
charge of ministries or commissions, the Auditor-General and the
Secretary-General of the State Council;
(3) the Chairman of the Central Military Commission and other
members of the Commission;
(4) the President of the Supreme People’s Court; and
(5) the Procurator-General of the Supreme People’s Procuratorate.
Article 64 Amendments to the Constitution are to be proposed by the Standing
Committee of the National People’s Congress or by more than one-fifth of the
deputies to the National People’s Congress and adopted by a vote of more than
two-thirds of all the deputies to the Congress.
Laws and resolutions are to be adopted by a majority vote of all
the deputies to the National People’s Congress.
Article 65 The Standing Committee of the National People’s Congress is
composed of the following:
the Chairman;
the Vice-Chairmen;
the Secretary-General; and
the members.
Minority nationalities are entitled to appropriate representation
on the Standing Committee of the National People’s Congress.
The National People’s Congress elects, and has the power to
recall, members of its Standing Committee.
No one on the Standing Committee of the National People’s Congress
shall hold office in any of the administrative, judicial or procuratorial
organs of the State.
Article 66 The Standing Committee of the National People’s Congress is
elected for the same term as the National People’s Congress; it shall exercise
its functions and powers until a new Standing Committee is elected by the
succeeding National People’s Congress.
The Chairman and Vice-Chairmen of the Standing Committee shall
serve no more than two consecutive terms.
Article 67 The Standing Committee of the National People’s Congress exercises
the following functions and powers:
(1) to interpret the Constitution and supervise its enforcement;
(2) to enact and amend laws, with the exception of those which
should be enacted by the National People’s Congress;
(3) to partially supplement and amend, when the National People’s
Congress is not in session, laws enacted by the National People’s Congress,
provided that the basic principles of these laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the National People’s Congress is
not in session, partial adjustments to the plan for national economic and
social development or to the State budget that prove necessary in the course of
their implementation;
(6) to supervise the work of the State Council, the Central
Military Commission, the Supreme People’s Court and the Supreme People’s
Procuratorate;
(7) to annul those administrative regulations, decisions or orders
of the State Council that contravene the Constitution or other laws;
(8) to annul those local regulations or decisions of the organs of
state power of provinces, autonomous regions, and municipalities directly under
the Central Government that contravene the Constitution, other laws or
administrative regulations;
(9) to decide, when the National People’s Congress is not in
session, on the choice of Ministers in charge of ministries or commissions, the
Auditor-General or the Secretary-General of the State Council upon nomination
by the Premier of the State Council;
(10) to decide, when the National People’s Congress is not in
session, on the choice of other members of the Central Military Commission upon
nomination by the Chairman of the Commission;
(11) to appoint or remove, at the recommendation of the President
of the Supreme People’s Court, the Vice-Presidents and Judges of the Supreme
People’s Court, members of its Judicial Committee and the President of the
Military Court;
(12) to appoint or remove, at the recommendation of the
Procurator-General of the Supreme People’s Procuratorate, the Deputy
Procurators-General and procurators of the Supreme People’s Procuratorate,
members of its Procuratorial Committee and the Chief Procurator of the Military
Procuratorate, and to approve the appointment or removal of the chief
procurators of the people’s procuratorates of provinces, autonomous regions,
and municipalities directly under the Central Government;
(13) to decide on the appointment or recall of plenipotentiary
representatives abroad;
(14) to decide on the ratification or abrogation of treaties and
important agreements concluded with foreign states;
(15) to institute systems of titles and ranks for military and
diplomatic personnel and of other specific titles and ranks;
(16) to institute State medals and titles of honour and decide on
their conferment;
(17) to decide on the granting of special pardons;
(18) to decide, when the National People’s Congress is not in
session, on the proclamation of a state of war in the event of an armed attack
on the country or in fulfilment of international treaty obligations concerning
common defence against aggression;
(19) to decide on general or partial mobilization;
(20) to decide on entering the state of emergency throughout the
country or in particular provinces, autonomous regions, or municipalities
directly under the Central Government; and
(21) to exercise such other functions and powers as the National
People’s Congress may assign to it.
Article 68 The Chairman of the Standing Committee of the National People’s
Congress directs the work of the Standing Committee and convenes its meetings.
The Vice-Chairmen and the Secretary-General assist the Chairman in his work.
The Chairman, the Vice-Chairmen and the Secretary-General
constitute the Council of Chairmen which handles the important day-to-day work
of the Standing Committee of the National People’s Congress.
Article 69 The Standing Committee of the National People’s Congress is responsible
to the National People’s Congress and reports on its work to the Congress.
Article 70 The National People’s Congress establishes a Nationalities
Committee, a Law Committee, a Finance and Economic Committee, an Education,
Science, Culture and Public Health Committee, a Foreign Affairs Committee, an
Overseas Chinese Committee and such other special committees as are necessary.
These special committees work under the direction of the Standing Committee of
the National People’s Congress when the Congress is not in session.
The special committees examine, discuss and draw up relevant bills
and draft resolutions under the direction of the National People’s Congress and
its Standing Committee.
Article 71 The National People’s Congress and its Standing Committee may,
when they deem it necessary, appoint committees of inquiry into specific
questions and adopt relevant resolutions in the light of their reports.
All organs of State, public organizations and citizens concerned
are obliged to furnish the necessary information to the committees of inquiry
when they conduct investigations.
Article 72 Deputies to the National People’s Congress and members of its
Standing Committee have the right, in accordance with procedures prescribed by
law, to submit bills and proposals within the scope of the respective functions
and powers of the National People’s Congress and its Standing Committee.
Article 73 Deputies to the National People’s Congress and members of the
Standing Committee have the right, during the sessions of the Congress and the
meetings of the Committee, to address questions, in accordance with procedures
prescribed by law, to the State Council or the ministries and commissions under
the State Council, which must answer the questions in a responsible manner.
Article 74 No deputy to the National People’s Congress may be arrested or
placed on criminal trial without the consent of the Presidium of the current
session of the National People’s Congress or, when the National People’s
Congress is not in session, without the consent of its Standing Committee.
Article 75 Deputies to the National People’s Congress may not be held legally
liable for their speeches or votes at its meetings.
Article 76 Deputies to the National People’s Congress must play an exemplary
role in abiding by the Constitution and other laws and keeping State secrets
and, in public activities, production and other work, assist in the enforcement
of the Constitution and other laws.
Deputies to the National People’s Congress should maintain close
contact with the units which elected them and with the people, heed and convey
the opinions and demands of the people and work hard to serve them.
Article 77 Deputies to the National People’s Congress are subject to
supervision by the units which elected them. The electoral units have the
power, through procedures prescribed by law, to recall deputies they elected.
Article 78 The organization and working procedures of the National People’s
Congress and its Standing Committee are prescribed by law.
Section 2 The President of the People's Republic of China
Article 79 The President and Vice-President of the People’s Republic of China
are elected by the National People’s Congress.
Citizens of the People’s Republic of China who have the right to vote
and to stand for election and who have reached the age of 45 are eligible for
election as President or Vice-President of the People’s Republic of China.
The term of office of the President and Vice-President of the
People’s Republic of China is the same as that of the National People’s
Congress, and they shall serve no more than two consecutive terms.
Article 80 The President of the People’s Republic of China, in pursuance of
the decisions of the National People’s Congress and its Standing Committee, promulgates
statutes, appoints or removes the Premier, Vice-Premiers, State Councillors,
Ministers in charge of ministries or commissions, the Auditor-General and the
Secretary-General of the State Council; confers State medals and titles of
honour; issues orders of special pardons; proclaims entering of the state of
emergency; proclaims a state of war; and issues mobilization orders.
Article 81 The President of the People’s Republic of China, on behalf of the
People’s Republic of China, engages in activities involving State affairs and
receives foreign diplomatic representatives and, in pursuance of the decisions
of the Standing Committee of the National People’s Congress, appoints or
recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties
and important agreements concluded with foreign states.
Article 82 The Vice-President of the People’s Republic of China assists the
President in his work.
The Vice-President of the People’s Republic of China may exercise
such functions and powers of the President as the President may entrust to him.
Article 83 The President and Vice-President of the People’s Republic of China
exercise their functions and powers until the new President and Vice-President
elected by the succeeding National People’s Congress assume office.
Article 84 In the event that the office of the President of the People’s
Republic of China falls vacant, the Vice-President succeeds to the office of
the President.
In the event that the office of the Vice-President of the People’s
Republic of China falls vacant, the National People’s Congress shall elect a
new Vice-President to fill the vacancy.
In the event that the offices of both the President and the
Vice-President of the People’s Republic of China fall vacant, the National
People’s Congress shall elect a new President and a new Vice-President. Prior
to such election, the Chairman of the Standing Committee of the National
People’s Congress shall temporarily act as the President of the People’s
Republic of China.
Section 3 The State Council
Article 85 The State Council, that is, the Central People’s Government, of
the People’s Republic of China is the executive body of the highest organ of
state power; it is the highest organ of State administration.
Article 86 The State Council is composed of the following:
the Premier;
the Vice-Premiers;
the State Councillors;
the Ministers in charge of ministries;
the Ministers in charge of commissions;
the Auditor-General; and
the Secretary-General.
The Premier assumes overall responsibility for the work of the
State Council. The ministers assume overall responsibility for the work of the
ministries and commissions. The organization of the State Council is prescribed
by law.
Article 87 The term of office of the State Council is the same as that of the
National People’s Congress.
The Premier, Vice-Premiers and State Councillors shall serve no
more than two consecutive terms.
Article 88 The Premier directs the work of the State Council. The
Vice-Premiers and State Councillors assist the Premier in his work.
Executive meetings of the State Council are to be attended by the
Premier, the Vice-Premiers, the State Councillors and the Secretary-General of
the State Council.
The Premier convenes and presides over the executive meetings and
plenary meetings of the State Council.
Article 89 The State Council exercises the following functions and powers:
(1) to adopt administrative measures, enact administrative
regulations and issue decisions and orders in accordance with the Constitution
and other laws;
(2) to submit proposals to the National People’s Congress or its
Standing Committee;
(3) to formulate the tasks and responsibilities of the ministries
and commissions of the State Council, to exercise unified leadership over the
work of the ministries and commissions and to direct all other administrative
work of a national character that does not fall within the jurisdiction of the
ministries and commissions;
(4) to exercise unified leadership over the work of local organs
of State administration at various levels throughout the country, and to
formulate the detailed division of functions and powers between the Central
Government and the organs of State administration of provinces, autonomous
regions, and municipalities directly under the Central Government;
(5) to draw up and implement the plan for national economic and
social development and the State budget;
(6) to direct and administer economic affairs and urban and rural
development;
(7) to direct and administer the affairs of education, science,
culture, public health, physical culture and family planning;
(8) to direct and administer civil affairs, public security,
judicial administration, supervision and other related matters;
(9) to conduct foreign affairs and conclude treaties and
agreements with foreign States;
(10) to direct and administer the building of national defence;
(11) to direct and administer affairs concerning the nationalities
and to safeguard the equal rights of minority nationalities and the right to
autonomy of the national autonomous areas;
(12) to protect the legitimate rights and interests of Chinese
nationals residing abroad and protect the lawful rights and interests of
returned overseas Chinese and of the family members of Chinese nationals
residing abroad;
(13) to alter or annul inappropriate orders, directives and
regulations issued by the ministries or commissions;
(14) to alter or annul inappropriate decisions and orders issued
by local organs of State administration at various levels;
(15) to approve the geographic division of provinces, autonomous
regions, and municipalities directly under the Central Government, and to
approve the establishment and geographic division of autonomous prefectures,
counties, autonomous counties, and cities;
(16) in accordance with the provisions of law, to decide on
entering into the state of emergency in parts of provinces, autonomous regions,
and municipalities directly under the Central Government;
(17) to examine and decide on the size of administrative organs
and, in accordance with the provisions of law, to appoint or remove
administrative officials, train them, appraise their performance and reward or
punish them; and
(18) to exercise such other functions and powers as the National
People’s Congress or its Standing Committee may assign to it.
Article 90 Ministers in charge of the ministries or commissions of the State
Council are responsible for the work of their respective departments and they
convene and preside over ministerial meetings or general and executive meetings
of the commissions to discuss and decide on major issues in the work of their
respective departments.
The ministries and commissions issue orders, directives and
regulations within the jurisdiction of their respective departments and in
accordance with law and the administrative regulations, decisions and orders
issued by the State Council.
Article 91 The State Council establishes an auditing body to supervise
through auditing the revenue and expenditure of all departments under the State
Council and of the local governments at various levels, and the revenue and
expenditure of all financial and monetary organizations, enterprises and
institutions of the State.
Under the direction of the Premier of the State Council and in
accordance with the provisions of law, the auditing body independently
exercises its power of supervision through auditing, subject to no interference
by any other administrative organ or any public organization or individual.
Article 92 The State Council is responsible and reports on its work to the
National People’s Congress or, when the National People’s Congress is not in
session, to its Standing Committee.
Section 4 The Central Military Commission
Article 93 The Central Military Commission of the People’s Republic of China
directs the armed forces of the country.
The Central Military Commission is composed of the following:
the Chairman;
the Vice-Chairmen; and
the members.
The Chairman assumes overall responsibility for the work of the
Central Military Commission.
The term of office of the Central Military Commission is the same
as that of the National People’s Congress.
Article 94 The Chairman of the Central Military Commission is responsible to
the National People’s Congress and its Standing Committee.
Section 5 The Local People's Congresses and Local People's
Government at Various Levels
Article 95 People’s congresses and people’s governments are established in
provinces, municipalities directly under the Central Government, counties,
cities, municipal districts, townships, nationality townships, and towns.
The organization of local people’s congresses and local people’s
governments at various levels is prescribed by law.
Organs of self-government are established in autonomous regions,
autonomous prefectures and autonomous counties. The organization and working
procedures of organs of self-government are prescribed by law in accordance
with the basic principles laid down in Sections 5 and 6 of Chapter III of the
Constitution.
Article 96 Local people’s congresses at various levels are local organs of
state power.
Local people’s congresses at or above the county level establish
standing committees.
Article 97 Deputies to the people’s congresses of provinces, municipalities
directly under the Central Government and cities divided into districts are
elected by the people’s congresses at the next lower level; deputies to the
people’s congresses of counties, cities not divided into districts, municipal
districts, townships, nationality townships, and towns are elected directly by
their constituencies.
The number of deputies to local people’s congresses at various
levels and the manner of their election are prescribed by law.
Article 98 The term of office of the local people’s congresses at various
levels is five years.
Article 99 Local people’s congresses at various levels ensure the observance
and implementation of the Constitution and other laws and the administrative
regulations in their respective administrative areas. Within the limits of
their authority as prescribed by law, they adopt and issue resolutions and
examine and decide on plans for local economic and cultural development and for
the development of public services.
Local people’s congresses at or above the county level shall
examine and approve the plans for economic and social development and the
budgets of their respective administrative areas and examine and approve the
reports on their implementation. They have the power to alter or annul
inappropriate decisions of their own standing committees.
The people’s congresses of nationality townships may, within the
limits of their authority as prescribed by law, take specific measures suited
to the characteristics of the nationalities concerned.
Article
100 The
people’s congresses of provinces, and municipalities directly under the Central
Government, and their standing committees may adopt local regulations, which
must not contravene the Constitution and other laws and administrative
regulations, and they shall report such local regulations to the Standing
Committee of the National People’s Congress for the record.
Article
101 Local
people’s congresses at their respective levels elect and have the power to
recall governors and deputy governors, or mayors and deputy mayors, or heads
and deputy heads of counties, districts, townships and towns.
Local people’s congresses at or above the county level elect, and
have the power to recall, presidents of people’s courts and chief procurators
of people’s procuratorates at the corresponding level. The election or recall
of chief procurators of people’s procuratorates shall be reported to the chief
procurators of the people’s procuratorates at the next higher level for
submission to the standing committees of the people’s congresses at the
corresponding level for approval.
Article
102 Deputies
to the people’s congresses of provinces, municipalities directly under the
Central Government and cities divided into districts are subject to supervision
by the units which elected them; deputies to the people’s congresses of
counties, cities not divided into districts, municipal districts, townships, nationality
townships, and towns are subject to supervision by their constituencies.
The units and constituencies which elect deputies to local
people’s congresses at various levels have the power to recall the deputies
according to procedures prescribed by law.
Article
103 The
standing committee of a local people’s congress at or above the county level is
composed of a chairman, vice-chairmen and members, and is responsible and
reports on its work to the people’s congress at the corresponding level.
A local people’s congress at or above the county level elects, and
has the power to recall, members of its standing committee.
No one on the standing committee of a local people’s congress at
or above the county level shall hold office in State administrative, judicial
and procuratorial organs.
Article
104 The
standing committee of a local people’s congress at or above the county level
discusses and decides on major issues in all fields of work in its
administrative area; supervises the work of the people’s government, people’s
court and people’s procuratorate at the corresponding level; annuls
inappropriate decisions and orders of the people’s government at the
corresponding level; annuls inappropriate resolutions of the people’s congress
at the next lower level; decides on the appointment or removal of functionaries
of State organs within the limits of its authority as prescribed by law; and,
when the people’s congress at the corresponding level is not in session,
recalls individual deputies to the people’s congress at the next higher level
and elects individual deputies to fill vacancies in that people’s congress.
Article
105 Local
people’s governments at various levels are the executive bodies of local organs
of state power as well as the local organs of State administration at the
corresponding levels.
Governors, mayors and heads of counties, districts, townships and
towns assume overall responsibility for local people’s governments at various
levels.
Article
106 The term
of office of local people’s governments at various levels is the same as that
of the people’s congresses at the corresponding levels.
Article
107 Local
people’s governments at or above the county level, within the limits of their
authority as prescribed by law, conduct administrative work concerning the
economy, education, science, culture, public health, physical culture, urban
and rural development, finance, civil affairs, public security, nationalities
affairs, judicial administration, supervision and family planning in their
respective administrative areas; issue decisions and orders; appoint or remove
administrative functionaries, train them, appraise their performance and reward
or punish them.
People’s governments of townships, nationality townships, and
towns execute the resolutions of the people’s congresses at the corresponding
levels as well as the decisions and orders of the State administrative organs
at the next higher level and conduct administrative work in their respective
administrative areas.
People’s governments of provinces, and of municipalities directly
under the Central Government decide on the establishment and geographic
division of townships, nationality townships, and towns.
Article
108 Local
people’s governments at or above the county level direct the work of their
subordinate departments and of people’s governments at lower levels, and have
the power to alter or annul inappropriate decisions of their subordinate
departments and of the people’s governments at lower levels.
Article
109 Auditing
bodies are established by local people’s governments at or above the county
level. Local auditing bodies at various levels, independently and in accordance
with the provisions of law, exercise their power of supervision through
auditing and are responsible to the people’s government at the corresponding
level and to the auditing body at the next higher level.
Article
110 Local
people’s governments at various levels are responsible and report on their work
to people’s congresses at the corresponding levels. Local people’s governments
at or above the county level are responsible and report on their work to the
standing committees of the people’s congresses at the corresponding levels when
the congresses are not in session.
Local people’s governments at various levels are responsible and
report on their work to the State administrative organs at the next higher
level. Local people’s governments at various levels throughout the country are
State administrative organs under the unified leadership of the State Council
and are subordinate to it.
Article
111 The
residents committees and villagers committees established among urban and rural
residents on the basis of their place of residence are mass organizations of
self-management at the grass-roots level. The chairman, vice-chairmen and
members of each residents or villagers committee are elected by the residents.
The relationship between the residents and villagers committees and the
grass-roots organs of state power is prescribed by law.
The residents and villagers committees establish sub-committees
for people’s mediation, public security, public health and other matters in
order to manage public affairs and social services in their areas, mediate
civil disputes, help maintain public order and convey residents’ opinions and
demands and make suggestions to the people’s government.
Section 6 The Organs of Self-Government of National Autonomous
Areas
Article
112 The organs
of self-government of national autonomous areas are the people’s congresses and
people’s governments of autonomous regions, autonomous prefectures and
autonomous counties.
Article
113 In the
people’s congress of an autonomous region, autonomous prefecture or autonomous
county, in addition to the deputies of the nationality exercising regional
autonomy in the administrative area, the other nationalities inhabiting the
area are also entitled to appropriate representation.
Among the chairman and vice-chairmen of the standing committee of
the people’s congress of an autonomous region, autonomous prefecture or
autonomous county there shall be one or more citizens of the nationality or
nationalities exercising regional autonomy in the area concerned.
Article
114 The
chairman of an autonomous region, the prefect of an autonomous prefecture or
the head of an autonomous county shall be a citizen of the nationality
exercising regional autonomy in the area concerned.
Article
115 The organs
of self-government of autonomous regions, autonomous prefectures and autonomous
counties exercise the functions and powers of local organs of State as
specified in Section 5 of Chapter III of the Constitution. At the same time,
they exercise the power of autonomy within the limits of their authority as
prescribed by the Constitution, the Law of the People’s Republic of China on
Regional National Autonomy and other laws and implement the laws and policies
of the State in the light of the existing local situation.
Article
116 The
people’s congresses of national autonomous areas have the power to enact
regulations on the exercise of autonomy and other separate regulations in the
light of the political, economic and cultural characteristics of the
nationality or nationalities in the areas concerned. The regulations on the
exercise of autonomy and other separate regulations of autonomous regions shall
be submitted to the Standing Committee of the National People’s Congress for
approval before they go into effect. Those of autonomous prefectures and
counties shall be submitted to the standing committees of the people’s
congresses of provinces or autonomous regions for approval before they go into
effect, and they shall be reported to the Standing Committee of the National
People’s Congress for the record.
Article
117 The organs
of self-government of the national autonomous areas have the power of autonomy
in administering the finances of their areas. All revenues accruing to the
national autonomous areas under the financial system of the State shall be
managed and used by the organs of self-government of those areas on their own.
Article
118 The organs
of self-government of the national autonomous areas independently arrange for
and administer local economic development under the guidance of State plans.
In exploiting natural resources and building enterprises in the
national autonomous areas, the State shall give due consideration to the
interests of those areas.
Article
119 The organs
of self-government of the national autonomous areas independently administer
educational, scientific, cultural, public health and physical culture affairs
in their respective areas, protect and sift through the cultural heritage of
the nationalities and work for a vigorous development of their cultures.
Article
120 The organs
of self-government of the national autonomous areas may, according to the
military system of the State and practical local needs and with the approval of
the State Council, organize local public security forces for the maintenance of
public order.
Article
121 In
performing their functions, the organs of self-government of the national
autonomous areas, in accordance with the provisions of the regulations on the
exercise of autonomy in those areas, employ the spoken and written language or
languages in common use in the locality.
Article
122 The State
provides financial, material and technical assistance to the minority
nationalities to help accelerate their economic and cultural development.
The State helps the national autonomous areas train large numbers
of cadres at various levels and specialized personnel and skilled workers of
various professions and trades from among the nationality or nationalities in
those areas.
Section 7 The People's Courts and the People's Procuratorates
Article
123 The
people’s courts of the People’s Republic of China are the judicial organs of
the State.
Article
124 The
People’s Republic of China establishes the Supreme People’s Court and the
people’s courts at various local levels, military courts and other special
people’s courts.
The term of office of the President of the Supreme People’s Court
is the same as that of the National People’s Congress. The President shall
serve no more than two consecutive terms.
The organization of the people’s courts is prescribed by law.
Article
125 Except in
special circumstances as specified by law, all cases in the people’s courts are
heard in public. The accused has the right to defence.
Article
126 The
people’s courts exercise judicial power independently, in accordance with the
provisions of law, and not subject to interference by any administrative organ,
public organization or individual.
Article
127 The
Supreme People’s Court is the highest judicial organ.
The Supreme People’s Court supervises the administration of
justice by the people’s courts at various local levels and by the special
people’s courts. People’s courts at higher levels supervise the administration
of justice by those at lower levels.
Article
128 The
Supreme People’s Court is responsible to the National People’s Congress and its
Standing Committee. Local people’s courts at various levels are responsible to
the organs of state power which created them.
Article
129 The
people’s procuratorates of the People’s Republic of China are State organs for
legal supervision.
Article
130 The
People’s Republic of China establishes the Supreme People’s Procuratorate and
the people’s procuratorates at various local levels, military procuratorates
and other special people’s procuratorates.
The term of office of the Procurator-General of the Supreme
People’s Procuratorate is the same as that of the National People’s Congress;
the Procurator-General shall serve no more than two consecutive terms.
The organization of the people’s procuratorates is prescribed by
law.
Article
131 The
people’s procuratorates exercise procuratorial power independently, in
accordance with the provisions of law, and not subject to interference by any
administrative organ, public organization or individual.
Article
132 The
Supreme People’s Procuratorate is the highest procuratorial organ.
The Supreme People’s Procuratorate directs the work of the
people’s procuratorates at various local levels and of the special people’s
procuratorates. People’s procuratorates at higher levels direct the work of
those at lower levels.
Article
133 The
Supreme People’s Procuratorate is responsible to the National People’s Congress
and its Standing Committee. People’s procuratorates at various local levels are
responsible to the organs of state power which created them and to the people’s
procuratorates at higher levels.
Article
134 Citizens
of all China’s nationalities have the right to use their native spoken and
written languages in court proceedings. The people’s courts and people’s
procuratorates should provide translation for any party to the court
proceedings who is not familiar with the spoken or written languages commonly
used in the locality.
In an area where people of a minority nationality live in a concentrated
community or where a number of nationalities live together, court hearings
should be conducted in the language or languages commonly used in the locality;
indictments, judgments, notices and other documents should be written,
according to actual needs, in the language or languages commonly used in the
locality.
Article
135 The
people’s courts, the people’s procuratorates and the public security organs
shall, in handling criminal cases, divide their functions, each taking
responsibility for its own work, and they shall coordinate their efforts and
check each other to ensure the correct and effective enforcement of law.
Chapter IV The National Flag, the National Anthem, the National Emblem and the
Capital
Article
136 The
national flag of the People’s Republic of China is a red flag with five stars.
The national anthem of the People’s Republic of China is the March
of the Volunteers.
Article
137 The
national emblem of the People’s Republic of China consists of an image of
Tian’anmen in its centre illuminated by five stars and encircled by ears of
grain and a cogwheel.
Article
138 The
capital of the People’s Republic of China is Beijing.