Constitution - Seed Of China

　　Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Proclamation of the National People's Congress on December 4, 1982, and amended in accordance with the amendments to the Constitution of the People's Republic of China adopted at the First Session of the Seventh National People's Congress on April 12, 1988, at the First Session of the Eighth National People's Congress on March 29, 1993, at the Second Session of the Ninth National People's Congress on March 15, 1999,and at the Second Session of the 10th National People's Congress on March 14, 2004

CONTENTS

　　Preamble

　　Chapter One
　　General Principles

　　Chapter Two
　　The Fundamental Rights and Duties of Citizens

　　Chapter Three
　　The Structure of the State

Section　I　The National People's Congress
Section　II　The President of the People's Republic of China
Section　III　The State Council
Section　IV　The Central Military Commission
Section　V　The Local People's Congresses and the Local People's Governments at Various Levels
Section　VI　The Organs of Self-Government of Ethnic Autonomous Areas
Section　VII　The People's Courts and the People's Procuratorates

　　Chapter　Four
　　The National Flag, the National Anthem, the National Emblem and the Capital

Preamble

　　China is a country with one of the longest histories in the world. The people of all ethnic groups in China have jointly created a culture of grandeur and have a glorious revolutionary tradition.

　　After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom.

　　Great and earthshaking historical changes took place in China in the 20th century.

　　The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.

　　After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all ethnic groups led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won the great victory of the New-Democratic Revolution and founded the People's Republic of China. Since then the Chinese people have taken control of state power and become masters of the country.

　　After the founding of the People's Republic, China gradually achieved its transition from a New-Democratic to a socialist society. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man abolished and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China's national independence and security and strengthened its national defense. Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific, cultural and other undertakings, and education in socialist ideology has produced noteworthy results. The life of the people has improved considerably.

　　Both the victory in China's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the Important Thought of the "Three Represents," the Chinese　people of all ethnic groups will continue to adhere to the people's democratic dictatorship and the socialist road, persevere in　reform and opening to the outside world, steadily improve　socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system, work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology　step by step, and promote a coordinated development of material, political and spiritual civilizations to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced.

　　The exploiting classes as a class have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it.

　　Taiwan is part of the sacred territory of the People's Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.

　　In building socialism it is essential to rely on the workers, farmers and intellectuals and to unite all the forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front, which is composed of the democratic parties and people's organizations and which embraces all socialist working people, all builders of the socialist cause, all patriots who support socialism and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country's political and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The system of multi-party cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time to come.

　　The People's Republic of China is a unitary multi-ethnic state created jointly by the people of all its ethnic groups. Socialist relations of equality, unity and mutual assistance have been established among the ethnic groups and will continue to be strengthened. In the struggle to safeguard the unity of the ethnic groups, it is necessary to combat big-ethnic chauvinism, mainly Han chauvinism, and also to combat local-ethnic chauvinism. The state will do its utmost to promote the common prosperity of all ethnic groups.

　　China's achievements in revolution and construction are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy and 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 in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.

　　This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all ethnic groups and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority. The people of all ethnic groups, all state organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.

Chapter One

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, cultural and social affairs through various channels and in various ways in accordance with the law.

　　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 ethnic groups in the People's Republic of China are equal. The state protects the lawful rights and interests of the minority ethnic groups and upholds and develops a relationship of equality, unity and mutual assistance among all of China's ethnic groups. Discrimination against and oppression of any ethnic group are prohibited; any act that undermines the unity of the ethnic groups or instigates division is prohibited.

　　The state assists areas inhabited by minority ethnic groups in accelerating their economic and cultural development according to the characteristics and needs of the various minority ethnic groups.

　　Regional autonomy is practiced in areas where people of minority ethnic groups live in compact communities; in these areas organs of self-government are established to exercise the power of autonomy. All ethnic autonomous areas are integral 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 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 ruled by law.

　　The state upholds the uniformity and dignity of the socialist legal system.

　　No laws or administrative or local rules and 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 the law. All acts in violation of the Constitution or the law must be investigated.

　　No organization or individual is privileged to be beyond the Constitution or the law.

　　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 with the public ownership remaining dominant and diverse forms of ownership developing side by side, and upholds the distribution system in which the distribution according to work remains dominant and a variety of modes of distribution coexist.

　　Article 7 The state-owned economy, that is, the socialist economy with 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 Rural collective economic organizations practice the double-tier operation system that combines unified management with independent management, with the household-based output-related contract responsibility system as the basis. Various forms of the cooperative economy in rural areas, 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 the 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 in accordance with the 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 in accordance with the law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives.

　　The state may, in the public interest, appropriate or requisition land for its use in accordance with the law, while making compensations.

　　No organization or individual may appropriate, buy, sell or unlawfully transfer land in other ways. The right to the use of land may be transferred in accordance with the law.

　　All organizations and individuals using land must ensure its rational use.

　　Article 11 Individual, private and other non-public sectors of the economy that exist within the limits prescribed by law are major components of the socialist market economy.

　　The state protects the lawful rights and interests of the individual, private and other non-public sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy, and exercises supervision and control over the non-public sectors of the economy in accordance with the law.

Page 1 of 5,-1- 1 2 3 4 5


Constitution


Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Proclamation of the National People's Congress on December 4, 1982, and amended in accordance with the amendments to the Constitution of the People's Republic of China adopted at the First Session of the Seventh National People's Congress on April 12, 1988, at the First Session of the Eighth National People's Congress on March 29, 1993, at the Second Session of the Ninth National People's Congress on March 15, 1999,and at the Second Session of the 10th National People's Congress on March 14, 2004 CONTENTS 　　Preamble 　　Chapter One 　　General Principles 　　Chapter Two 　　The Fundamental Rights and Duties of Citizens 　　Chapter Three 　　The Structure of the State Section　I　The National People's Congress Section　II　The President of the People's Republic of China Section　III　The State Council Section　IV　The Central Military Commission Section　V　The Local People's Congresses and the Local People's Governments at Various Levels Section　VI　The Organs of Self-Government of Ethnic Autonomous Areas Section　VII　The People's Courts and the People's Procuratorates 　　Chapter　Four 　　The National Flag, the National Anthem, the National Emblem and the Capital Preamble 　　China is a country with one of the longest histories in the world. The people of all ethnic groups in China have jointly created a culture of grandeur and have a glorious revolutionary tradition. 　　After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom. 　　Great and earthshaking historical changes took place in China in the 20th century. 　　The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished. 　　After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all ethnic groups led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won the great victory of the New-Democratic Revolution and founded the People's Republic of China. Since then the Chinese people have taken control of state power and become masters of the country. 　　After the founding of the People's Republic, China gradually achieved its transition from a New-Democratic to a socialist society. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man abolished and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China's national independence and security and strengthened its national defense. Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific, cultural and other undertakings, and education in socialist ideology has produced noteworthy results. The life of the people has improved considerably. 　　Both the victory in China's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the Important Thought of the "Three Represents," the Chinese　people of all ethnic groups will continue to adhere to the people's democratic dictatorship and the socialist road, persevere in　reform and opening to the outside world, steadily improve　socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system, work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology　step by step, and promote a coordinated development of material, political and spiritual civilizations to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced. 　　The exploiting classes as a class have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it. 　　Taiwan is part of the sacred territory of the People's Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland. 　　In building socialism it is essential to rely on the workers, farmers and intellectuals and to unite all the forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front, which is composed of the democratic parties and people's organizations and which embraces all socialist working people, all builders of the socialist cause, all patriots who support socialism and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country's political and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The system of multi-party cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time to come. 　　The People's Republic of China is a unitary multi-ethnic state created jointly by the people of all its ethnic groups. Socialist relations of equality, unity and mutual assistance have been established among the ethnic groups and will continue to be strengthened. In the struggle to safeguard the unity of the ethnic groups, it is necessary to combat big-ethnic chauvinism, mainly Han chauvinism, and also to combat local-ethnic chauvinism. The state will do its utmost to promote the common prosperity of all ethnic groups. 　　China's achievements in revolution and construction are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy and 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 in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress. 　　This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all ethnic groups and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority. The people of all ethnic groups, all state organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation. Chapter One 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, cultural and social affairs through various channels and in various ways in accordance with the law. 　　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 ethnic groups in the People's Republic of China are equal. The state protects the lawful rights and interests of the minority ethnic groups and upholds and develops a relationship of equality, unity and mutual assistance among all of China's ethnic groups. Discrimination against and oppression of any ethnic group are prohibited; any act that undermines the unity of the ethnic groups or instigates division is prohibited. 　　The state assists areas inhabited by minority ethnic groups in accelerating their economic and cultural development according to the characteristics and needs of the various minority ethnic groups. 　　Regional autonomy is practiced in areas where people of minority ethnic groups live in compact communities; in these areas organs of self-government are established to exercise the power of autonomy. All ethnic autonomous areas are integral 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 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 ruled by law. 　　The state upholds the uniformity and dignity of the socialist legal system. 　　No laws or administrative or local rules and 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 the law. All acts in violation of the Constitution or the law must be investigated. 　　No organization or individual is privileged to be beyond the Constitution or the law. 　　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 with the public ownership remaining dominant and diverse forms of ownership developing side by side, and upholds the distribution system in which the distribution according to work remains dominant and a variety of modes of distribution coexist. 　　Article 7 The state-owned economy, that is, the socialist economy with 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 Rural collective economic organizations practice the double-tier operation system that combines unified management with independent management, with the household-based output-related contract responsibility system as the basis. Various forms of the cooperative economy in rural areas, 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 the 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 in accordance with the 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 in accordance with the law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives. 　　The state may, in the public interest, appropriate or requisition land for its use in accordance with the law, while making compensations. 　　No organization or individual may appropriate, buy, sell or unlawfully transfer land in other ways. The right to the use of land may be transferred in accordance with the law. 　　All organizations and individuals using land must ensure its rational use. 　　Article 11 Individual, private and other non-public sectors of the economy that exist within the limits prescribed by law are major components of the socialist market economy. 　　The state protects the lawful rights and interests of the individual, private and other non-public sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy, and exercises supervision and control over the non-public sectors of the economy in accordance with the law. Page 1 of 5,-1- 1 2 3 4 5

TOP 24px \| 18px \| 12px Guestbook