Constitution of the PRC of
1982
【Promulgation Date】1982.12.04
【Effective Date】1982.12.04
【Text】
(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)
Table of Contents
Preamble
Chapter I - General Principles
Chapter II - The Fundamental Rights and Duties of Citizens
Chapter III - The Structure of the State
Section 1 The National People's Congress
Section 2 The President of the People's Republic of China
Section 3 The State Council
Section 4 The Central Military Commission
Section 5 The Local People's Congresses and Local People's Governments
at Various Levels
Section 6 The Organs of Self-Government of National Autonomous
Regions
Section 7 The People's Courts and the People's Procuratorates
Chapter IV - The National Flag, the National Emblem and the Capital
PREAMBLE
China is one of the countries with the longest histories in the
world. The people of all nationalities in China have jointly created
a splendid culture and have a glorious revolutionary tradition.
Feudal China was gradually reduced after 1840 to a semi-colonial
and semi-feudal country. The Chinese people waged wave upon wave
of heroic struggles for national independence and liberation and
for democracy and freedom. Great and earth-shaking historical changes
have taken 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 Chinese people had yet to
fulfil their historical task of overthrowing imperialism and feudalism.
After waging hard, protracted and tortuous struggles, armed and
otherwise, the Chinese people of all nationalities led by the Communist
Party of China with Chairman Mao Tsedong 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. Thereupon the Chinese
people took state power into their own hands and became masters
of the country.
After the founding of the People's Republic, the transition of
Chinese society from a new-democratic to a socialist society was
effected step by step. The socialist transformation of the private
ownership of the means of production was completed, the system of
exploitation of man by man eliminated 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
thwarted aggression, sabotage and armed provocations by imperialists
and hegemonists, safeguarded China's national independence and security
and strengthened its national defence. Major successes have been
achieved in economic development. An independent and fairly comprehensive
socialist system of industry has in the main been established. There
has been a marked increase in agricultural production. Significant
progress has been made in educational, scientific, cultural and
other undertakings, and socialist ideological education has yielded
noteworthy results. The living standards of the people have improved
considerably. Both the victory of China's new-democratic revolution
and the successes of its socialist cause have been achieved by the
Chinese people of all nationalities under the leadership of the
Communist Party of China and the guidance of Marxism-Leninism and
Mao Tsedong Thought, and by upholding truth, correcting errors and
overcoming numerous difficulties and hardships.
The basic task of the nation in the years to come is to concentrate
its effort on socialist modernization. Under the leadership of the
Communist Party of China and the guidance of Marxism- Leninism and
Mao Tsedong Thought, the Chinese people of all nationalities will
continue to adhere to the people's democratic dictatorship and follow
the socialist road, steadily improve socialist institutions, develop
socialist democracy, improve the socialist legal system and work
hard and self-reliantly to modernize industry, agriculture, national
defence and science and technology step by step to turn China into
a socialist country with a high level of civilization and democracy.
The exploiting classes as such have been eliminated in our country.
However, class struggle will continue to exist within certain limits
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 lofty duty of the entire Chinese people, including our compatriots
in Taiwan, to accomplish the great task of reunifying the motherland.
In building socialism it is imperative to rely on the workers, peasants
and intellectuals and unite with 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 that is composed of democratic parties and
people's organizations and embraces all socialist working people,
all patriots who support socialism and all patriots who stand for
reunification of the motherland. This united front will continue
to be consolidated and developed. The Chinese People's Political
Consultative Conference is a broadly representative organization
of the united front, which has played a significant historical role
and will continue to do so in the political and social life of the
country, in promoting friendship with the people of other countries
and in the struggle for socialist modernization and for the reunification
and unity of the country. The People's Republic of China is a unitary
multi-national state built up jointly by the people of all its nationalities.
Socialist relations of equality, unity and mutual assistance have
been established among them and will continue to be strengthened.
In the struggle to safeguard the unity of the nationalities, it
is necessary to combat big-nation chauvinism, mainly Han chauvinism,
and also necessary to combat local-national chauvinism. The state
does its utmost to promote the common prosperity of all nationalities
in the country. China's achievements in revolution and construction
are inseparable from support by the people of the world. The future
of China is closely linked with that of the whole world. China adheres
to an independent foreign policy as well as 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
affirms the achievements of the struggles of the Chinese people
of all nationalities and defines the basic system and basic tasks
of the state in legal form; it is the fundamental law of the state
and has supreme legal authority. The people of all nationalities,
all state organs, the armed forces, all political parties and public
organizations and all enterprises and undertakings in the country
must take the Constitution as the basic norm of conduct, and they
have the duty to uphold the dignity of the Constitution and ensure
its implementation.
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. Sabotage
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 organs through which the people exercise state
power are the National People's Congress and the local people's
congresses at different levels. 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 different levels are instituted
through democratic election. 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 under whose supervision they operate.
The division of functions and powers between the central and local
state organs is guided by the principle of giving full play 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 the relationship
of equality, unity and mutual assistance among all of China's nationalities.
Discrimination against and oppression of any nationality are prohibited;
any acts that undermine the unity of the nationalities or instigate
their secession are prohibited. The state helps the areas inhabited
by minority nationalities speed up their economic and cultural development
in accordance with the peculiarities and needs of the different
minority nationalities. Regional autonomy is practised in areas
where people of minority nationalities live in compact communities;
in these areas organs of self- government are established for the
exercise of the right of autonomy. All the national autonomous areas
are inalienable parts of the People's Republic of China. The people
of all nationalities have the freedom to use and develop their own
spoken and written languages, and to preserve or reform their own
ways and customs.
Article 5. The state upholds the uniformity and dignity of the
socialist legal system. No law or administrative or local rules
and regulations shall contravene the constitution. All state organs,
the armed forces, all political parties and public organizations
and all enterprises and undertakings must abide by the Constitution
and the law. All acts in violation of the Constitution and the law
must be investigated. No organization or individual may enjoy the
privilege of being above the Constitution and 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.
Article 7. The state economy is the sector of socialist economy
under ownership by the whole people; it is the leading force in
the national economy. The state ensures the consolidation and growth
of the state economy.
Article 8. Rural people's communes, agricultural producers' co-operatives,
and other forms of co- operative economy such as producers' supply
and marketing, credit and consumers co-operatives, 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 private
plots of cropland and hilly land, engage in household sideline production
and raise privately owned livestock. The various forms of co-operative
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. Mineral resources, waters, forests, mountains, grassland,
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, grassland, 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. The appropriation or damage 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 private plots of cropland and hilly land are also owned
by collectives. The state may in the public interest take over land
for its use in accordance with the law. No organization or individual
may appropriate, buy, sell or lease land, or unlawfully transfer
land in other ways. All organizations and individuals who use land
must make rational use of the land.
Article 11. The individual economy of urban and rural working people,
operated within the limits prescribed by law, is a complement to
the socialist public economy. The state protects the lawful rights
and interests of the individual economy. The state guides, helps
and supervises the individual economy by exercising administrative
control.
Article 12. Socialist public property is sacred and inviolable.
The state protects socialist public property. Appropriation or damage
of state or collective property by any organization or individual
by whatever means is prohibited.
Article 13. The state protects the right of citizens to own lawfully
earned income, savings, houses and other lawful property. The state
protects by law the right of citizens to inherit private property.
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 organization of work. The state practises
strict economy and combats waste. The state properly apportions
accumulation and consumption, pays attention to 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.
Article 15. The state practises economic planning on the basis
of socialist public ownership. It ensures the proportionate and
co-ordinated growth of the national economy through overall balancing
by economic planning and the supplementary role of regulation by
the market. Disturbance of the orderly functioning of the social
economy or disruption of the state economic plan by any organization
or individual is prohibited.
Article 16. State enterprises have decision-making power in operation
and management within the limits prescribed by law, provided that
they are subject to unified leadership by the state and fulfil all
their obligations under the state plan. State enterprises practise
democratic management through congresses of workers and staff and
in other ways in accordance with the law.
Article 17. Collective economic organizations have decision-making
power in conducting independent economic activities, on condition
that they accept the guidance of the state plan and abide by the
relevant laws. Collective economic organizations practise democratic
management in accordance with the law, with the entire body of their
workers electing or removing their managerial personnel and deciding
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 co-operation
with Chinese enterprises and other economic organizations in accordance
with the law of the People's Republic of China. All foreign enterprises
and other foreign economic organizations in China, as well as joint
ventures with Chinese and foreign investment located in China, shall
abide by the law of the People's Republic of China. Their legitimate
rights and interests are protected by the law of the People's Republic
of China.
Article 19. The state develops socialist educational undertakings
and works to raise the scientific and cultural level of the whole
nation. The state runs schools of various types, makes primary education
compulsory and universal, develops secondary, vocational and higher
education and promotes pre-school education. The state develops
educational facilities of various types in order to wipe out illiteracy
and provide political, cultural, scientific, technical and professional
education for workers, peasants, state functionaries and other working
people. It encourages people to become educated through self- study.
The state encourages the collective economic organizations, state
enterprises and undertakings and other social forces to set up educational
institutions of various types in accordance with the law. The state
promotes the nationwide use of Putonghua (common speech of standard
Chinese pronunciation based on the area of north China).
Article 20. The state promotes the development of the natural and
social sciences, disseminates scientific and technical knowledge,
and commends and rewards achievements in scientific research as
well as technological discoveries 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 undertakings
and neighborhood organizations, and promotes sanitation activities
of a mass character, all to protect the people's health. The state
develops physical culture and promotes mass sports activities to
build up the people's physique.
Article 22. The state promotes the development of literature and
art, the press, broadcasting and television undertakings, publishing
and distribution services, libraries, museums, cultural centres
and other cultural undertakings that serve the people and socialism,
and sponsors mass cultural activities. The state protects places
of scenic and historical interest, valuable cultural monuments and
relics and other important items of China's historical and cultural
heritage.
Article 23. The state trains specialized personnel in all fields
who serve socialism, increases the number of intellectuals and creates
conditions to give full scope to their role in socialist modernization.
Article 24. The state strengthens the building of socialist spiritual
civilization through spreading education in high ideals and morality,
general education and education in discipline and the legal system,
and through promoting the formulation and observance of rules of
conduct and common pledges by different sections of the people in
urban and rural areas. The state advocates the civic virtues of
love for the motherland, for the people, for labour, for science
and for socialism; it educates the people in patriotism, collectivism,
internationalism and communism and in dialectical and historical
materialism; it combats the decadent ideas of capitalism and feudalism
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 living environment
and the ecological environment, and 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 work
in order constantly to improve 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 work
hard to serve them.
Article 28. The state maintains public order and suppresses treasonable
and other counter- revolutionary activities; it penalizes actions
that endanger public security and disrupt the socialist economy
and other criminal activities, and 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 work
hard to serve the people. The state strengthens the revolutionization,
modernization and regularization of the armed forces in order to
increase the 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;
(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 the specific conditions.
Article 32. The People's Republic of China protects the lawful
rights and interests of foreigners within Chinese territory, and
while on Chinese territory foreigners must abide by the law 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. Every citizen enjoys the rights and at the same time must
perform the duties prescribed by the Constitution and the law.
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 nationality, 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. The freedom of 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 implemented by a public
security organ. Unlawful deprivation or restriction of citizens'
freedom of person by detention or 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 charge or frame-up
directed against citizens by any means is prohibited.
Article 39. The home of citizens of the People's Republic of China
is inviolable. Unlawful search of, or intrusion into, a citizen's
home is prohibited.
Article 40. The 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 the freedom and
privacy of citizens' correspondence except in cases where, to meet
the needs of state security or of investigation into criminal offences,
public security or procuratorial organs are permitted to censor
correspondence in accordance with procedures prescribed by law.
Article 41. Citizens of the People's Republic of China have the
right to criticize and make suggestions to any state organ or functionary.
Citizens have the right to make to relevant state organs complaints
and charges against, or exposures of, violation of the law or dereliction
of duty by any state organ or functionary; but fabrication or distortion
of facts with the intention of libel or frame-up is prohibited.
In case of complaints, charges or exposures made by citizens, the
state organ concerned must deal with them in a responsible manner
after ascertaining the facts. No one may suppress such complaints,
charges and exposures, or retaliate against the citizens making
them. Citizens who have suffered losses through infringement of
their civil rights by any state organ or functionary have the right
to compensation in accordance with the law.
Article 42. Citizens of the People's Republic of China have the
right as well as the duty to work. Using various channels, the state
creates conditions for employment, strengthens labour protection,
improves working conditions and, on the basis of expanded production,
increases remuneration for work and social benefits. Work is the
glorious duty of every able-bodied citizen. All working people in
state enterprises and in urban and rural economic collectives should
perform their tasks with an attitude consonant with their status
as masters of the country. 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 to 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 rest and recuperation
of working people, and prescribes working hours and vacations for
workers and staff.
Article 44. The state prescribes by law the system of retirement
for workers and staff in enterprises and undertakings and for functionaries
of organs of state. The livelihood of retired personnel 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 the social insurance,
social relief and medical and health services that are required
to enable 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-mute 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 moral, intellectual and physical development of children
and young people.
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 endeavors conducive to the interests of the people 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, political, economic, cultural
and social, and family life. The state protects the rights and interests
of women, applies the principle of equal pay for equal work for
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 minor
children, 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. The exercise by citizens of the People's Republic of
China of their freedoms and rights may not infringe upon the interests
of the state, of society and 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 unity 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 the law, keep state secrets, protect public
property and 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 obligation 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 the law.
Article 56. It is the duty of citizens of the People's Republic
of China to pay taxes in accordance with the 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 by the provinces, autonomous regions and municipalities
directly under the Central Government, and by 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 manner
of their election are prescribed by law.
Article 60. The National People's Congress is elected for a term
of five years. Two months before the expiration of the term of office
of a National People's Congress, its Standing Committee must ensure
that the election of deputies to the succeeding National People's
Congress is completed. Should exceptional circumstances prevent
such an election, it may be postponed by decision of a majority
vote of more than two- thirds of all those on the Standing Committee
of the incumbent National People's Congress, and the term of office
of the incumbent National People's Congress may be extended. The
election of deputies to the succeeding National People's Congress
must be completed within one year after the termination of such
exceptional 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 this 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 statutes concerning 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; (previously translated as Chairman and Vice-Chairman
of the People's Republic of China--translator's note.)
(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 to decide on the choice of the Vice-Premiers, State Councillors,
Ministers in charge of Ministries or Commissions and 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 his nomination, to decide on the choice of the 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 reports 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 recall
or 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 and the Auditor-General and
the Secretary-General of the State Council;
(3) The Chairman of the Central Military Commission and others
on 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 majority vote of more than two-thirds of all the
deputies to the Congress. Statutes and resolutions are adopted by
a majority vote of more than one half 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 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, all those on its Standing Committee. No one
on the Standing Committee of the National People's Congress shall
hold any post 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 exercises 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 statutes with the exception of those that
should be enacted by the National People's Congress;
(3) To enact, when the National People's Congress is not in session,
partial supplements and amendments to statutes enacted by the National
People's Congress provided that they do not contravene the basic
principles of these statutes;
(4) To interpret statutes;
(5) To examine and approve, when the National People's Congress
is not in session, partial adjustments to the plan for national
economic and social development and 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 annual those administrative rules and regulations, decisions
or orders of the State Council that contravene the Constitution
or the statutes;
(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,
the statutes or the administrative rules and 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
or the Auditor-General and the Secretary-General of the State Council
upon nomination by the Premier of the State Council;
(10) To decide, upon nomination by the Chairman of the Central
Military Commission, on the choice of others on the commission,
when the National People's Congress is not in session;
(11) To appoint and remove the Vice-Presidents and judges of the
Supreme People's Court, members of its Judicial Committee and the
President of the Military Court at the suggestion of the President
of the Supreme People's Court;
(12) To appoint and remove 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
at the request of the Procurator-General of the Supreme People's
Procuratorate, and to approve the appointment and 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 and recall of plenipotentiary
representatives abroad;
(14) To decide on the ratification and 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 fulfillment of international treaty obligations
concerning common defence against aggression;
(19) To decide on general mobilization or partial mobilization;
(20) To decide on the enforcement of martial law 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 presides over the work of the Standing Committee
and convenes its meetings. The Vice-Chairmen and the Secretary-General
assist the Chairman in his work. Chairmanship meetings with the
participation of the chairman, vice- chairmen and secretary-general
handle the important routine 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 supply the necessary information
to those committees of inquiry when they conduct investigations.
Article 72. Deputies to the National People's Congress and all
those on 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 during its
sessions, and all those on its Standing Committee during its meetings,
have the right 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 called to legal account 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 the law and
keeping state secrets and, in production and other work and their
public activities, assist in the enforcement of the Constitution
and the law. Deputies to the National People's Congress should maintain
close contact with the units and people which elected them, listen
to and convey their opinions and demands and work hard to serve
them.
Article 77. Deputies to the National People's Congress are subject
to the supervision of the units which elected them. The electoral
units have the power, through procedures prescribed by law, to recall
the deputies whom 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 decisions of the National People's Congress and its
Standing Committee, promulgates statutes; appoints and removes the
Premier, Vice-Premiers, State Councillors, Ministers in charge of
Ministries or Commissions, and the Auditor- General and the Secretary-General
of the State Council; confers state medals and titles of honour;
issues orders of special pardons; proclaims martial law; proclaims
a state of war; and issues mobilization orders.
Article 81. The President of the People's Republic of China receives
foreign diplomatic representatives on behalf of the People's Republic
of China and, in pursuance of decisions of the Standing Committee
of the National People's Congress, appoints and recalls plenipotentiary
representatives abroad, and ratifies and 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 parts of the 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 case the office of the President of the People's
Republic of China falls vacant, the Vice-President succeeds to the
office of President. In case 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 State Council. The Ministers assume
overall responsibility for the respective ministries or commissions
under their charge. 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 composed of 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
rules and regulations and issue decisions and orders in accordance
with the Constitution and the statutes; (2) To submit proposals
to the National People's Congress or its Standing Committee; (3)
To lay down 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 different levels throughout the country,
and to lay down 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 work and urban and rural development;
(7) To direct and administer the work concerning education, science,
culture, public health, physical culture and family planning; (8)
To direct and administer the work concerning 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 of 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 different 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) To decide
on the enforcement of martial law 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 law, to appoint, remove and train administrative
officers, appraise their work 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 it.
Article 90. The ministers in charge of ministries or commissions
of the State Council are responsible for the work of their respective
departments and convene and preside over their ministerial meetings
or commission meetings that 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 the statutes
and the administrative rules and 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 different
levels, and those of the state financial and monetary organizations
and of enterprises and undertakings. Under the direction of the
Premier of the State Council, the auditing body independently exercises
its power to supervise through auditing in accordance with the law,
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 Members. The Chairman of the Central Military Commission has
overall responsibility for the 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 CONGRESS AND THE LOCAL PEOPLE'S GOVERNMENTS
AT DIFFERENT 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 different 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 V and
VI of Chapter Three of the Constitution.
Article 96. Local people's congresses at different levels are local
organs of state power. Local people's congresses at and 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 different levels and
the manner of their election are prescribed by law.
Article 98. The term of office of the people's congresses of provinces,
municipalities directly under the Central Government and cities
divided into districts is five years. The term of office of the
people's congresses of counties, cities not divided into districts,
municipal districts, townships, nationality townships and towns
is three years.
Article 99. Local people's congresses at different levels ensure
the observance and implementation of the Constitution, the statutes
and the administrative rules and 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 development
of public services. Local people's congresses at and above the county
level examine and approve the plans for economic and social development
and the budgets of their respective administrative areas, and examine
and approve 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 peculiarities 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,
the statutes and the administrative rules and regulations, and they
shall report such local regulations to the Standing Committee of
the National People's Congress for the record.
Article 101. At their respective levels, local people's congresses
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 and
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 electoral units and constituencies which elect deputies to local
people's congresses at different levels have the power, according
to procedures prescribed by law, to recall deputies whom they elected.
Article 103. The standing committee of a local people's congress
at and 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. The local people's
congress at and above the county level elects, and has the power
to recall, anyone on the standing committee of the people's congress
at the corresponding level. No one on the standing committee of
a local people's congress at and above the county level shall hold
any post in state administrative, judicial and procuratorial organs.
Article 104. The standing committee of a local people's congress
at and 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 and removal of functionaries of state organs
within its jurisdiction 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 different levels are
the executive bodies of local organs of state power as well as the
local organs of state administration at the corresponding level.
Local people's governments at different levels practise the system
of overall responsibility by governors, mayors, county heads, district
heads, township heads and town heads.
Article 106. The term of office of local people's governments at
different levels is the same as that of the people's congresses
at the corresponding level.
Article 107. Local people's governments at and above the county
level, within the limits of their authority as prescribed by law,
conduct the 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, remove and train administrative functionaries, appraise
their work and reward or punish them. People's governments of townships,
nationality townships and towns carry out the resolutions of the
people's congress at the corresponding level 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 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 and 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 people's
governments at lower levels.
Article 109. Auditing bodies are established by local people's
governments at and above the county level. Local auditing bodies
at different levels independently exercise their power to supervise
through auditing in accordance with the law 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 different levels are
responsible, and report on their work, to people's congresses at
the corresponding level. Local people's governments at and above
the county level are responsible, and report on their work, to the
standing committee of the people's congress at the corresponding
level when the congress is not in session. Local people's governments
at different levels are responsible, and report on their work, to
the state administrative organs at the next higher level. Local
people's governments at different 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 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,
prefecture or county, in addition to the deputies of the nationality
or nationalities exercising regional autonomy in the administrative
area, the other nationalities inhabiting the area are also entitled
to appropriate representation. The chairmanship and vice- chairmenships
of the standing committee of the people's congress of an autonomous
region, prefecture or county shall include a citizen or citizens
of the nationality or nationalities exercising regional autonomy
in the area concerned.
Article 114. The administrative head of an autonomous region, prefecture
or county shall be a citizen of the nationality, or of one of the
nationalities, exercising regional autonomy in the area concerned.
Article 115. The organs of self-government of autonomous regions,
prefectures and counties exercise the functions and powers of local
organs of state as specified in Section V of Chapter Three of the
Constitution. At the same time, they exercise the right of autonomy
within the limits of their authority as prescribed by the Constitution,
the law of 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. People's congresses of national autonomous areas have
the power to enact autonomy regulations and specific regulations
in the light of the political, economic and cultural characteristics
of the nationality or nationalities in the areas concerned. The
autonomy regulations and specific 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
independently by the organs of self- government of those areas.
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 developing 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,
sort out and protect the cultural legacy of the nationalities and
work for the development and prosperity of their cultures.
Article 120. The organs of self-government of the national autonomous
areas may, in accordance with the military system of the state and
concrete 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 autonomy
regulations of the respective areas, employ the spoken and written
language or languages in common use in the locality.
Article 122. The state gives financial, material and technical
assistance to the minority nationalities to accelerate their economic
and cultural development. The state helps the national autonomous
areas train large numbers of cadres at different levels and specialized
personnel and skilled workers of different professions and trades
from among the nationality or nationalities in those areas.
SECTION 7. THE PEOPLE'S COURT AND THE PEOPLE'S PROCURATORATES
Article 123. The people's courts in 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 local people's courts at different 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; he shall serve no more than two
consecutive terms. The organization of people's courts is prescribed
by law.
Article 125. All cases handled by the people's courts, except for
those involving special circumstances as specified by law, shall
be heard in public. The accused has the right of defence.
Article 126. The people's courts shall, in accordance with the
law, exercise judicial power independently and are not subject to
interference by administrative organs, public organizations or individuals.
Article 127. The Supreme People's Court is the highest judicial
organ. The Supreme People's Court supervises the administration
of justice by the local people's courts at different 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 different levels are responsible to the organs of state power
that 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 local people's procuratorates at
different 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; he shall serve no more than two consecutive terms.
The organization of people's procuratorates is prescribed by law.
Article 131. People's procuratorates shall, in accordance with
the law, exercise procuratorial power independently and are not
subject to interference by administrative organs, public organizations
or individuals.
Article 132. The Supreme People's Procuratorate is the highest
procuratorial organ. The Supreme People's Procuratorate directs
the work of the local people's procuratorates at different 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. Local
people's procuratorates at different levels are responsible to the
organs of state power at the corresponding levels that created them
and to the people's procuratorates at the higher level. Article
134. Citizens of all nationalities have the right to use the spoken
and written languages of their own nationalities 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 in common use in the locality. In
an area where people of a minority nationality live in a compact
community or where a number of nationalities live together, hearings
should be conducted in the language or languages in common use in
the locality; indictments, judgments, notices and other documents
should be written, according to actual needs, in the language or
languages in common use in the locality.
Article 135. The people's courts, people's procuratorates and public
security organs shall, in handling criminal cases, divide their
functions, each taking responsibility for its own work, and they
shall co-ordinate their efforts and check each other to ensure correct
and effective enforcement of law.
CHAPTER IV. THE NATIONAL FLAG, 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.
Article 137. The national emblem of the People's Republic of China
is Tian'anmen in the 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.
>>>> Chinese
【Links】
· Amendments to the Constitution
of the PRC of 1988
· Amendments to the Constitution
of the PRC of 1993
· Amendments to the Constitution
of the PRC of 1999 |
