Constitution
of China
China
Adopted
on: 4 Dec 1982 }
{ ICL Document Status: 12 April 1988 }
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 fulfill 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 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. 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 Zedong
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 Zedong 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 culture
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 multinational 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 nonaggression, 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 One General Principles
Article 1 [Socialist State]
(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.
(2) 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 [Sovereignty]
(1) All power in the People's Republic of China belongs to the people.
(2) The organs
through which the people exercise state power are the National People's Congress and the local people's congresses at different
levels.
(3) 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 [Democratic Centralism]
(1) The state organs of the People's Republic of China apply the principle of democratic
centralism.
(2) 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.
(3) 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.
(4) 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 [Nationalities, Minorities, Regions, Languages]
(1) 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.
(2) Regional autonomy is practiced 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.
(3) 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 [Socialist Legal System, Rule of Law]
(1) The state upholds the uniformity and dignity of the socialist legal system.
(2)
No law or administrative or local rules and regulations shall contravene the Constitution.
(3) 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 looked into.
(4) No organization or individual
may enjoy the privilege of being above the Constitution and the law.
Article 6 [Socialist Public Ownership]
(1) 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.
(2) 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 [State Economy]
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 [Agriculture]
(1) 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 plots of cropland and hilly land allotted for private
use, engage in household sideline production and raise privately owned livestock.
(2) 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.
(3) 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 [Resources]
(1) 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.
(2) 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 Ownership]
(1) Land in the cities is owned by the state.
(2) 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.
(3) The state may in the public interest
take over land for its use in accordance with the law.
(4) no organization or individual may appropriate, buy, sell or
otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law.
(5)
All organizations and individuals who use land must make rational use of the land.
Article 11 [Private Sector of the Economy]
(1) 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.
(2) The state guides, helps, and supervises the individual economy by exercising administrative
control.
(3) The State permits the private sector of the economy to exist and develop within the limits prescribed by law.
The private sector of the economy is a complement to the socialist public economy. The State protects the lawful rights and
interests of the private sector of the economy, and exercises guidance, supervision and control over the private sector of
the economy.
Article 12 [Protection of Socialist Public Property]
(1) Socialist public property is sacred and inviolable.
(2) 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 [Protection of Private Property]
(1) The state protects the right of citizens to own lawfully earned income, savings,
houses, and other lawful property.
(2) The state protects by law the right of citizens to inherit private property.
Article 14 [Labor Productivity]
(1) The state continuously raises labor 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.
(2)
The state practices strict economy and combats waste.
(3) 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 [Economic Planning]
(1) The state practices 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.
(2) 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]
(1) State enterprises have decision making power in operation and management within
the limits prescribed by law, on condition that they submit to unified leadership by the state, and fulfill all their obligations
under the state plan.
(2) State enterprises practice democratic management through congresses of workers and staff and
in other ways in accordance with the law.
Article 17 [Collective Economic Organizations]
(1) Collective economic organizations have decisionmaking power in conducting independent
economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws.
(2) Collective
economic organizations practice 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 [Foreign Enterprises]
(1) 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.
(2)
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 lawful rights and interests are
protected by the law of the People's Republic of
China.
Article 19 [Education]
(1) The state develops socialist educational undertakings and works to raise the scientific
and cultural level of the whole nation.
(2) The state runs schools of various types, makes primary education compulsory
and universal, develops secondary, vocational and higher education, and promotes pre-school education.
(3) 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 independent study.
(4) The slate 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.
(5)
The state promotes the nationwide use of Putonghua.
Article 20 [Science]
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 [Health]
(1) 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 public health activities of a mass character,
all to protect the people's health.
(2) The state develops physical culture and promotes mass sports activities to build
up the people's physique.
Article 22 [Culture]
(1) The state promotes the development of literature and art, the press, broadcasting,
and television undertakings, publishing and distribution services, libraries, museums, cultural centers and other cultural
undertakings, that serve the people and socialism, and sponsors mass cultural activities.
(2) The state protects places
of scenic and historical interest, valuable cultural monuments, and treasures and other important items of China's historical
and cultural heritage.
Article 23 [Intellectual Education]
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 collective modernization.
Article 24 [Socialist Education]
(1) 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.
(2) The state advocates the civic virtues of love of the motherland, of the people, of labor,
of science, and of socialism; it educates the people in patriotism, collectivism, internationalism, and communism and in dialectical
and historical materialism; it combats capitalist, feudal, and other decadent ideas.
Article 25 [Family Planning]
The state promotes family planning so that population growth may fit the plan for economic
and social development.
Article 26 [Environment]
(1) The state protects and improves the living environment and the ecological environment,
and prevents and remedies pollution and other public hazards.
(2) The state organizes and encourages afforestation and
the protection of forests.
Article 27 [Administration]
(1) 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.
(2) 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 [Public Order]
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 [Armed Forces]
(1) 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 labor,
participate in national reconstruction, and work hard to serve the people.
(2) The state strengthens the revolutionization,
modernization and regularization of the armed forces in order to increase the national defence capability.
Article 30 [Administrative Division]
(1) 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.
(2) 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.
(3) All autonomous regions, autonomous prefectures, and autonomous counties
are national autonomous areas.
Article 31 [Special Administrative Regions]
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 [Rights of Foreigners]
(1) 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.
(2)
The People's Republic of China may grant asylum to foreigners who request it for political reasons.
Chapter Two The Fundamental Rights and Duties of Citizens
Article 33 [Citizenship, Equality]
(1) All persons holding the nationality of the People's Republic of China are citizens
of the People's Republic of China.
(2) All citizens of the People's Republic of China are equal before the law.
(3)
Every citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.
Article 34 [Electoral Rights and Equality]
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 [Religion]
(1) Citizens of the People's Republic of China enjoy freedom of religious belief.
(2)
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.
(3) 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.
(4) Religious bodies and religious affairs are not subject
to any foreign domination.
Article 37 [Personal Freedom]
(1) The personal freedom of citizens of the People's Republic of China is inviolable.
(2)
No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's
court, and arrests must be made by a public security organ.
(3) Unlawful deprivation or restriction of citizens' personal
freedom by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.
Article 38 [Personal Dignity]
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 [Home]
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 [Correspondence]
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 offenses, public
security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
Article 41 [Freedom of Speech]
(1) 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, any
state organ or functionary for violation of the law or dereliction of duty; but fabrication
or distortion of facts for the purpose of libel or frame-up is prohibited.
(2) The state organ concerned must deal with
complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress
such complaints, charges and exposure, or retaliate against the citizens making them.
(3) Citizens who have suffered losses
through infringement of their civic rights by any state organ or functionary have the right to compensation in accordance
with the law.
Article 42 [Work]
(1) Citizens of the People's Republic of China have the right as well as the duty to
work.
(2) Using various channels, the state creates conditions for employment, strengthens labor protection, improves
working conditions, and, on the basis of expanded production, increases remuneration for work and social benefits.
(3)
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 labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part
in voluntary labor.
(4) The state provides necessary vocational training to citizens before they are employed.
Article 43 [Leisure]
(1) Working people in the People's Republic of China have the right to rest.
(2)
The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers
and staff.
Article 44 [Retirement]
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 [Social Security]
(1) 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.
(2) The state and society ensure
the livelihood of disabled members of the armed forces, provide pensions for the families of martyrs, and give preferential
treatment to the families of military personnel.
(3) The state and society help make arrangements for the work, livelihood
and education of the blind, deafmutes and other handicapped citizens.
Article 46 [Education]
(1) Citizens of the People's Republic of China have the duty as well as the right to
receive education.
(2) The state promotes the all-round moral, intellectual, and physical development of children and young
people.
Article 47 [Research]
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 that are made by citizens engaged in education, science, technology, literature, art, and other
cultural work.
Article 48 [Gender Equality]
(1) Women in the People's Republic of China enjoy equal rights with men in all spheres
of life, political, economic, cultural, and social, including family life.
(2) 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, Family, Parentage]
(1) Marriage, the family, and mother and child are protected by the state.
(2) Both
husband and wife have the duty to practice family planning.
(3) 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.
(4) Violation of the freedom of marriage
is prohibited. Maltreatment of old people, women, and children is prohibited.
Article 50 [Nationals Abroad]
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 [Interest of the State]
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 [Unity]
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 [Obedience to the Constitution]
Citizens of the People's Republic of China must abide by the Constitution and the law,
keep state secrets, protect public property, and observe labor discipline and public order and respect social ethics.
Article 54 [Integrity of the Motherland]
It is the duty of citizens of the People's Republic of China to safeguard the security,
honor, and interests of the motherland; they must not commit acts detrimental to the security, honor and interests of the
motherland.
Article 55 [Defence]
(1) It is the sacred obligation of every citizen of the People's Republic of China
to defend the motherland and resist aggression.
(2) It is the honorable 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 [Taxation]
It is the duty of citizens of the People's Republic of China to pay taxes in accordance
with the law.
Chapter Three The Structure of the State
Section I The National People's Congress
Article 57 [Highest Organ of State Power]
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 [Legislative Power]
The National People's Congress and its Standing Committee exercise the legislative power
of the state.
Article 59 [Representation]
(1) 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.
(2) Election of deputies to the National People's Congress is conducted by
the Standing Committee of the National People's Congress.
(3) The number of deputies to the National People's Congress
and the manner of their election are prescribed by law.
Article 60 [Election, Term]
(1) The National People's Congress is elected for a term of five years.
(2) 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 current National People's Congress and the term of office of the current 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 [Sessions, Presidium]
(1) 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.
(2) When the
National People's Congress meets, it elects a presidium to conduct its session.
Article 62 [Functions and Powers]
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 offenses, civil affairs, the state organs, and other matters;
4. to elect the President and the Vice
President of the People's Republic of China;
5. to decide on the choice of the Premier of the State Council upon nomination
by the President of the People's Republic of China, and 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 nomination by the Chairman, to decide
on the choice of all the others on the Central Military Commission;
7. to elect the President of the Supreme People's Court;
8.
to elect the Procurator General of the Supreme People's Procuratorate;
9. to examine and approve the plan for national
economic and social development and the report on its implementation; 10. to examine and approve the state budget
and the report on its implementation; 11. to alter or annul inappropriate decisions of the Standing Committee of the National
People's Congress;
12. to approve the establishment of provinces, autonomous regions, and municipalities directly under
the Central
Government;
13. to decide on the establishment of special administrative regions and the systems to be instituted
there;
14. to decide on questions of war and peace; and
15. to exercise such other functions and powers as the highest
organ of state power should exercise.
Article 63 [Power to Recall or Remove Officials]
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]
(1) 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.
(2) 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 [Standing Committee]
(1) The Standing Committee of the National People's Congress is composed of the following:
the
Chairman;
the Vice Chairmen;
the Secretary General; and
members.
(2) Minority nationalities are entitled to appropriate
representation on the Standing Committee of the National People's Congress.
(3) The National People's Congress elects,
and has the power to recall, all those on its Standing Committee.
(4) 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 [Election, Term, Chairmen]
(1) 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.
(2) The Chairman and Vice Chairmen of the Standing Committee shall serve no
more than two consecutive terms.
Article 67 [Functions and Powers]
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 which 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 annul 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
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 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 suggestion 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 honor 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 [Presidency]
(1) 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 in the
work of the Chairman.
(2) Executive meetings with the participation of the Chairman, Vice Chairman and Secretary General
handle the important day-to-day work of the Standing Committee of the National People's Congress.
Article 69 [Report on the Work]
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 [Committees]
(1) The National People's Congress establishes a Nationalities Committee, a Law Committee,
a Financial 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.
(2) 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 [Ad Hoc Committees]
(1) 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.
(2)
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 [Legislative Initiative]
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 [Right to Question the State Council]
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 [Immunity]
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 [Indemnity]
Deputies to the National People's Congress may not be called to legal account for their
speeches or votes at its meetings.
Article 76 [Obedience to the Constitution]
(1) 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.
(2) Deputies to the National People's Congress should maintain close
contact with the units which elected them and with the people, listen to and convey the opinions and demands of the people,
and work hard to serve them.
Article 77 [Direct/Imperative Mandate]
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 deputies whom they
elected.
Article 78 [Organizational Law]
The organization and working procedures of the National People's Congress and its Standing
Committee are prescribed by law.
Section II The President
Article 79 [Election, Term]
(1) The President and Vice President of the People's Republic of China are
elected by the National People's Congress.
(2) 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.
(3) 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 [Functions and Powers]
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 honor; issues orders of special pardons; proclaims martial law; proclaims a state
of war; and issues mobilization orders.
Article 81 [Diplomatic Representation]
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 [Vice President]
(1) The Vice President of the People's Republic of China assists in the work of the
President.
(2) The Vice President of the People's Republic of China may exercise such parts of the functions and powers
of the President as may be deputed by the President.
Article 83 [End
of Office]
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