Constitution of People's Republic of China
(The Fifth Session of the Fifth National People's Congress on December 4, 1982 was promulgated and promulgated by the National People's Congress on December 4, 1982.
According to the Constitutional Amendment of the People's Republic of China adopted at the first meeting of the Seventh National People's Congress on April 12, 1988, and the first meeting of the Eighth National People's Congress on March 29, 1993 The Constitutional Amendment of the People's Republic of China, the Constitutional Amendment of the People's Republic of China, adopted at the Second Session of the Ninth National People's Congress on March 15, 1999, and the Second National People's Congress of the People's Republic of China on March 14, 2004 Amendments to the Constitutional Amendment of the People's Republic of China adopted at the Second Meeting and the First Amendment to the 13th National People's Congress on March 11, 2018
table of Contents
Chapter 1 General Outline
Chapter II Basic Rights and Obligations of Citizens
Chapter III State institutions
Section 1 National People's Congress
Section 2 President of the People
Section III State Council
Section IV Central Military Commission
Section 5 Local People's Congresses at Various Levels and Local People's Governments at Various Levels
Section 6 Self-governing organs of national autonomous areas
Section VII Supervision Committee
Section VIII People's Court and People's Procuratorate
Chapter IV National Flag, National Anthem, National Emblem, Capital
China is one of the oldest countries in the world. The people of all ethnic groups in China have jointly created a splendid culture and a glorious revolutionary tradition.
After 1840, feudal China gradually became a semi-colonial and semi-feudal country. The Chinese people have carried out the heroic struggle for national independence, national liberation and democracy and freedom.
In the twentieth century, China has undergone earth-shaking great historical changes.
The Revolution of 1911, led by Mr. Sun Yat-sen in 1911, abolished the feudal monarchy and founded the Republic of China. However, the historical task of the Chinese people against imperialism and feudalism has not yet been completed.
In 1949, the Communist Party of China, led by Chairman Mao Zedong, led the Chinese people of all nationalities. After experiencing a long and difficult military struggle and other forms of struggle, they finally overthrew imperialism, feudalism, and bureaucratic capitalism. The rule, the great victory of the new-democratic revolution, and the establishment of the People’s Republic of China. Since then, the Chinese people have mastered the power of the state and become the master of the country.
After the founding of the People's Republic of China, our society gradually realized the transition from new democracy to socialism. The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of human beings has been eliminated, and the socialist system has been established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, in essence, the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army defeated the aggression, destruction and armed provocation of imperialism and hegemonism, safeguarded the independence and security of the country, and strengthened national defense. Significant achievements have been made in economic construction. An independent and relatively complete socialist industrial system has been basically formed, and agricultural production has increased remarkably. Education, science, culture and other undertakings have made great progress, and socialist ideological education has achieved remarkable results. The lives of the people have been greatly improved.
The victory of China's new-democratic revolution and the achievements of the socialist cause were achieved by the Chinese Communist Party leading the people of all ethnic groups in China, under the guidance of Marxism-Leninism and Mao Zedong Thought, upholding the truth, correcting mistakes, and defeating many difficulties and obstacles. China will remain in the primary stage of socialism for a long time. The fundamental task of the country is to concentrate on building socialist modernization along the path of socialism with Chinese characteristics. The Chinese people of all nationalities will continue to under the leadership of the Communist Party of China and adhere to the people's democratic dictatorship under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the Scientific Outlook on Development, and Xi Jinping's new era of socialism with Chinese characteristics. Adhere to the socialist road, persist in reform and opening up, constantly improve socialist systems, develop socialist market economy, develop socialist democracy, improve socialist rule of law, implement new development concepts, be self-reliant, work hard, and gradually realize industry and agriculture. The modernization of national defense and science and technology promotes the coordinated development of material civilization, political civilization, spiritual civilization, social civilization and ecological civilization, and builds China into a powerful, democratic, civilized, harmonious and beautiful socialist modernization power, and realizes the great rejuvenation of the Chinese nation.
In our country, the exploiting class has been eliminated as a class, but the class struggle will also exist for a long time within a certain range. The Chinese people must fight against hostile forces and hostile elements at home and abroad that are hostile and undermining our socialist system.
Taiwan is part of the sacred territory of the People’s Republic of China The accomplishment of the great cause of reunifying the motherland is the sacred duty of the entire Chinese people, including the Taiwan compatriots.
The cause of socialist construction must rely on workers, peasants and intellectuals to unite all forces that can be united. In the long-term process of revolution, construction, and reform, it has been formed by the Communist Party of China, with the participation of various democratic parties and various people's organizations, including all socialist laborers, builders of socialist cause, and patriotism that supports socialism. The united front will continue to consolidate and develop the broad patriotic united front that supports the reunification of the motherland and the patriots who are committed to the great rejuvenation of the Chinese nation. The Chinese People's Political Consultative Conference is a united front organization with broad representation. It has played an important historical role in the past. In the future, in the country's political life, social life and foreign friendly activities, it is carrying out socialist modernization and safeguarding national unity and unity. The fight will further play its important role. The multi-party cooperation and political consultation system under the leadership of the Communist Party of China will exist and develop for a long time.
The People's Republic of China is a unified multi-ethnic country jointly created by the people of all nationalities in the country. The socialist ethnic relations of equality, solidarity, mutual assistance and harmony have been established and will continue to be strengthened. In the struggle to safeguard national unity, we must oppose big nationalism, mainly Han chauvinism, and also oppose local nationalism. The state makes every effort to promote the common prosperity of all ethnic groups across the country.
The achievements of China's revolution, construction, and reform are inseparable from the support of the people of the world. China's future is closely linked to the future of the world. China adheres to an independent foreign policy, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, adheres to the path of peaceful development, adheres to the strategy of mutual benefit and openness, and develops with other countries. Diplomatic relations and economic and cultural exchanges promote the building of a community of human destiny; persist in opposing imperialism, hegemonism, colonialism, strengthen unity with the people of the world, support the oppressed nations and developing countries in striving for and safeguarding national independence and developing the national economy The struggle for justice has worked hard to safeguard world peace and promote the cause of human progress.
This Constitution confirms the achievements of the struggle of the people of all ethnic groups in China in the form of law, stipulates the fundamental system and fundamental tasks of the country, is the fundamental law of the state, and has the highest legal effect. The people of all nationalities, all state organs and armed forces, political parties, social organizations, and enterprises and institutions must adopt the Constitution as the basis for their activities and have the responsibility of safeguarding the dignity of the Constitution and guaranteeing the implementation of the Constitution.
Chapter 1 General Outline
Article 1 The People's Republic of China is a socialist country 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 fundamental system of the People’s Republic. The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics. Any organization or individual is prohibited from undermining the socialist system.
Article 2 All powers of the People's Republic of China belong to the people.
The organs for the people to exercise state power are the National People's Congress and local people's congresses at various levels.
In accordance with the law, the people manage state affairs, manage economic and cultural undertakings, and manage social affairs through various channels and forms.
Article 3 The state organs of the People's Republic of China implement the principle of democratic centralism.
The National People's Congress and local people's congresses at all levels are democratically elected, responsible to the people, and supervised by the people.
The state administrative organs, supervisory organs, judicial organs, and procuratorial organs are all produced by the people's congresses, responsible for it, and supervised by it.
The division of the powers of the state and local state institutions follows the principle of the initiative and enthusiasm of the local government under the unified leadership of the central government.
Article 4 All ethnic groups of the People's Republic of China are equal. The state guarantees the legitimate rights and interests of all ethnic minorities and safeguards and develops the harmonious, united, mutual, and harmonious relationship among all ethnic groups. Discrimination and oppression against any ethnic group are prohibited, and acts of undermining national unity and creating ethnic divisions are prohibited.
The state helps all ethnic minority areas to accelerate economic and cultural development according to the characteristics and needs of ethnic minorities.
Regional autonomy is practiced in places where ethnic minorities live in concentrated communities, and organs of self-government are established to exercise autonomy. All ethnic autonomous areas are inseparable parts of the People’s Republic of China.
All ethnic groups have the freedom to use and develop their own spoken and written languages, and all have the freedom to maintain or reform their own customs and habits.
Article 5 The People's Republic of China implements the rule of law and builds a socialist country ruled by law.
The state maintains the unity and dignity of the socialist legal system.
All laws, administrative regulations and local regulations must not contravene the Constitution.
All state organs and armed forces, political parties and social groups, and enterprises and institutions must abide by the Constitution and laws. All violations of the Constitution and the law must be investigated.
No organization or individual may have the privilege of transcending the Constitution and the law.
Article 6 The basis of the socialist economic system of the People's Republic of China is the socialist public ownership of the means of production, that is, the ownership of the whole people and the collective ownership of the working masses. Socialist public ownership eliminates the system of exploiting people and implements the principle of doing everything possible and distributing according to work.
In the primary stage of socialism, the state adheres to the basic economic system in which public ownership is the mainstay and the multi-ownership economy develops together, and adheres to the distribution system in which distribution according to work is the mainstay and multiple modes of distribution coexist.
Article 7 The state-owned economy, that is, the socialist state-owned economy, is the dominant force in the national economy. The state guarantees the consolidation and development of the state-owned economy.
Article 8 The rural collective economic organization shall implement a two-tier management system based on household contract management and unified integration. The cooperative economy of various forms such as production, supply and marketing, credit, and consumption in the rural areas is the collective ownership economy of the socialist working people. Workers participating in rural collective economic organizations have the right to operate the reserved land, the self-retained mountain, the family sideline and the keeping of livestock in the scope prescribed by law.
The various forms of cooperative economy in the handicrafts, industry, construction, transportation, commerce, and service industries in cities and towns are all collectively owned economies of the socialist working people.
The state protects the legitimate rights and interests of urban and rural collective economic organizations and encourages, guides and helps the development of the collective economy.
Article 9 Natural resources such as mineral deposits, water currents, forests, mountains, grasslands, wastelands, and tidal flats are all owned by the state, that is, owned by the whole people; except for forests and mountains, grasslands, wastelands, and tidal flats that are collectively owned by law.
The state guarantees the rational use of natural resources and protects precious animals and plants. Any organization or individual is prohibited from encroaching on or destroying natural resources by any means.
Article 10 The land of the city belongs to the state.
Land in rural and urban suburbs is collectively owned except for those owned by the state as stipulated by law; homesteads, self-retained land, and self-retained mountains are also collectively owned.
For the needs of the public interest, the state may levy or expropriate land and provide compensation in accordance with the law.
No organization or individual may misappropriate, trade or otherwise illegally transfer land. The right to use the land may be transferred in accordance with the provisions of the law.
All organizations and individuals who use the land must make rational use of the land.
Article 11 The non-public economy, such as the individual economy and the private economy within the scope of the law, is an important part of the socialist market economy.
The state protects the legitimate rights and interests of the non-public economy such as the individual economy and the private economy. The state encourages, supports and guides the development of the non-public economy, and supervises and manages the non-public economy in accordance with the law.
Article 12 The public property of socialism is sacred and inviolable.
The state protects socialist public property. Any organization or individual is prohibited from encroaching on or destroying state and collective property by any means.
Article 13 The legitimate private property of citizens shall not be infringed.
The state protects citizens’ private property rights and inheritance rights in accordance with the law.
In order to meet the needs of the public interest, the state may levy or expropriate the private property of citizens in accordance with the law and provide compensation.
Article 14: By improving the enthusiasm and skill level of workers, the state promotes advanced science and technology, improves the economic management system and enterprise management system, implements various forms of socialist responsibility system, and improves labor organizations to continuously improve labor productivity. And economic benefits to develop social productivity.
The state is pursuing economy and opposing waste.
The state rationally arranges accumulation and consumption, taking into account the interests of the state, the collective and the individual, and gradually improves the material and cultural life of the people on the basis of development of production.
The state establishes and improves a social security system that is compatible with the level of economic development.
Article 15 The state implements a socialist market economy.
The state strengthens economic legislation and improves macroeconomic regulation and control.
The state prohibits any organization or individual from disrupting the social and economic order.
Article 16 State-owned enterprises have the right to operate independently within the limits prescribed by law.
In accordance with the law, state-owned enterprises implement democratic management through employee representative assemblies and other forms.
Article 17 Collective economic organizations have the autonomy to conduct economic activities independently, subject to the relevant laws.
Collective economic organizations implement democratic management, elect and remove management personnel in accordance with the law, and determine major issues in business management.
Article 18 The People's Republic of China allows foreign enterprises and other economic organizations or individuals to invest in China in accordance with the laws of the People's Republic of China and conduct various forms of economic cooperation with Chinese enterprises or other economic organizations.
Foreign companies and other foreign economic organizations in China and Chinese-foreign joint ventures must abide by the laws of the People's Republic of China. Their legal rights and interests are protected by the laws of the People's Republic of China.
Article 19 The state develops socialist education and raises the scientific and cultural level of the people throughout the country.
The state organizes various schools, popularizes primary compulsory education, develops secondary, vocational and higher education, and develops preschool education.
The state develops various educational facilities to eradicate illiteracy and conduct politics for workers, peasants, state workers and other workers.