Constitution of the People's Republic of China

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Preamble
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China is one of the countries with the longest histories in the world. The Chinese people of all ethnic groups jointly created its magnificent culture and have a proud revolutionary tradition.

After 1840, feudal China gradually became a semi-colonial, semi-feudal country. The Chinese people, wave upon wave, waged heroic struggles for national independence and liberation and for democracy and freedom.

In the 20th century, momentous historical changes took place in China.

The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. However, the historic mission of the Chinese people to oppose imperialism and feudalism was not yet accomplished.

In 1949, after engaging in protracted, arduous and tortuous struggles, armed and in other forms, the Chinese people of all ethnic groups led by the Communist Party of China with Chairman Mao Zedong as its leader finally overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New Democratic Revolution, and founded the People’s Republic of China. The Chinese people thus secured power and became masters of their own country.

After the founding of the People’s Republic of China, our country gradually achieved the transition from a new democratic society to a socialist society. The socialist transformation of private ownership of the means of production has been completed, the system of exploitation of man by man abolished, and a socialist system established. The people’s democratic dictatorship led by the working class and based on an alliance of workers and peasants, which in essence is a dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People’s Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations, safeguarded national independence and security, and strengthened national defense. Major achievements have been made in economic development. An independent and relatively complete socialist industrial system has now basically been established, and agricultural output has markedly increased. Significant advances have been made in education, science, culture and other fields, and education about socialist thought has made notable progress. The lives of the people have been considerably improved.

Both the victory in China’s New Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and surmounting many difficulties and obstacles. Our country will long remain in the primary stage of socialism. The fundamental task for our country is to concentrate on achieving socialist modernization along the road of socialism with Chinese characteristics. We the Chinese people of all ethnic groups will continue, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, to uphold the people’s democratic dictatorship, stay on the socialist road, carry out reform and opening up, steadily improve the socialist institutions, develop the socialist market economy and socialist democracy, improve socialist rule of law, apply the new development philosophy, and work hard in a spirit of self-reliance to modernize step by step the country’s industry, agriculture, national defense, and science and technology and promote coordinated material, political, cultural-ethical, social and ecological advancement, in order to build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation.

In our country the exploiting class, as a class, has been eliminated, but class struggle will continue to exist within a certain scope for a long time to come. The people of China must fight against those domestic and foreign forces and elements that are hostile to and undermine our country’s socialist system.

Taiwan is part of the sacred territory of the People’s Republic of China. It is the sacred duty of all the Chinese people, including our fellow Chinese in Taiwan, to achieve the great reunification of the motherland.

The cause of building socialism must rely on workers, peasants and intellectuals and unite all forces that can be united. Through the long process of revolution, development and reform, a broad patriotic united front has formed under the leadership of the Communist Party of China, with the participation of other political parties and people’s organizations and including all socialist working people, people involved in building socialism, patriots who support socialism, and patriots who support China’s reunification and are dedicated to the rejuvenation of the Chinese nation. 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, and has played a significant historical role. In the future, it will play an even more important role in the country’s political and social life and its friendly foreign activities, in socialist modernization and in safeguarding the unity and solidarity of the country. The system of multiparty cooperation and political consultation under the leadership of the Communist Party of China will continue and develop long into the future.

The People’s Republic of China is a unified multiethnic state founded by the Chinese people of all ethnic groups. Socialist ethnic relations of equality, unity, mutual assistance and harmony are established and will continue to be strengthened. In the struggle to safeguard ethnic unity, we should oppose major ethnic group chauvinism, which mainly refers to Han chauvinism, and local ethnic chauvinism. The state makes every effort to promote the shared prosperity of all the country’s ethnic groups.

The achievements of China’s revolution, development and reform would have been impossible without the support of the world’s people. The future of China is closely bound up with the future of the world. China pursues an independent foreign policy, observes the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, mutual noninterference in internal affairs, equality and mutual benefit, and peaceful coexistence, keeps to a path of peaceful development, follows a mutually beneficial strategy of opening up, works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a human community with a shared future. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen its solidarity with the people of all other countries, supports oppressed peoples and other developing countries in their just struggles to win and safeguard their independence and develop their economies, and strives to safeguard world peace and promote the cause of human progress.

This Constitution affirms, in legal form, the achievements of the struggles of the Chinese people of all ethnic groups and stipulates the fundamental system and task of the state. It is the fundamental law of the state and has supreme legal force. The people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions in the country must treat the Constitution as the fundamental standard of conduct; they have a duty to uphold the sanctity of the Constitution and ensure its compliance. [1]

Chapter I General Principles
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Article 1 The People’s Republic of China is a socialist state governed by a people’s democratic dictatorship that is led by the working class and based on an alliance of workers and peasants.

The socialist system is the fundamental system of the People’s Republic of China. Leadership by the Communist Party of China is the defining feature of socialism with Chinese characteristics. It is prohibited for any organization or individual to damage the socialist system.

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 all levels.

The people shall, in accordance with the provisions of law, manage state affairs, economic and cultural undertakings, and social affairs through various channels and in various ways.

Article 3 The state institutions of the People’s Republic of China shall practice the principle of democratic centralism.

The National People’s Congress and the local people’s congresses at all levels shall be created through democratic election and shall be responsible to the people and subject to their oversight.

All administrative, supervisory, adjudicatory and procuratorial organs of the state shall be created by the people’s congresses and shall be responsible to them and subject to their oversight.

The division of functions and powers between the central and local state institutions shall honor the principle of giving full play to the initiative and motivation of local authorities under the unified leadership of the central authorities.

Article 4 All ethnic groups of the People’s Republic of China are equal. The state shall protect the lawful rights and interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual assistance and harmony among all ethnic groups. Discrimination against and oppression of any ethnic group are prohibited; any act that undermines the unity of ethnic groups or creates divisions among them is prohibited.

The state shall, in light of the characteristics and needs of all ethnic minorities, assist all ethnic minority areas in accelerating their economic and cultural development.

All areas inhabited by ethnic minorities shall practice regional autonomy, establish autonomous organs, and exercise the power to self-govern. All ethnic autonomous areas are inseparable parts of the People’s Republic of China.

All ethnic groups shall have the freedom to use and develop their own spoken and written languages and to preserve or reform their own traditions and customs.

Article 5 The People’s Republic of China shall practice law-based governance and build a socialist state under the rule of law.

The state shall safeguard the unity and sanctity of the socialist legal system.

No law, administrative regulation or local regulation shall be in conflict with the Constitution.

All state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. Accountability must be enforced for all acts that violate the Constitution or laws.

No organization or individual shall have any privilege beyond the Constitution or the law.

Article 6 The foundation of the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, that is, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership has eradicated the system of exploitation of man by man, and practices the principle of “from each according to his ability, to each according to his work.”

In the primary stage of socialism, the state shall uphold a fundamental economic system under which public ownership is the mainstay and diverse forms of ownership develop together, and shall uphold an income distribution system under which distribution according to work is the mainstay, while multiple forms of distribution exist alongside it.

Article 7 The state sector of the economy, that is, the sector of the socialist economy under ownership by the whole people, shall be the leading force in the economy. The state shall ensure the consolidation and development of the state sector of the economy.

Article 8 Rural collective economic organizations shall practice a two-tiered system of both unified and separate operations with household contract management as its basis. Rural economic cooperatives — producer, supply and marketing, credit and consumer cooperatives — are part of the socialist economy under collective ownership by the working people. Working people who belong to rural collective economic organizations shall have the right, within the scope prescribed by law, to farm cropland and hillsides allotted to them for their private use, engage in household sideline production, and raise privately owned livestock.

The various forms of cooperative economic activities in cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, shall all be part of the socialist economy under collective ownership by the working people.

The state shall protect the lawful rights and interests of urban and rural collective economic organizations and shall encourage, guide and assist the growth of the collective sector of the economy.

Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, mudflats and other natural resources are owned by the state, that is, by the whole people, except for the forests, mountains, grasslands, unreclaimed land and mudflats that are owned by collectives as prescribed by law.

The state shall ensure the rational use of natural resources and protect rare animals and plants. It is prohibited for any organization or individual to seize or damage natural resources by any means.

Article 10 Land in cities is owned by the state.

Land in rural and suburban areas is owned by collectives except for that which belongs to the state as prescribed by law; housing sites and cropland and hillsides allotted for private use are also owned by collectives.

The state may, in order to meet the demands of the public interest and in accordance with the provisions of law, expropriate or requisition land and furnish compensation.

No organization or individual shall unlawfully transfer land through seizure, sale and purchase, or in any other form. Land-use rights may be transferred in accordance with the provisions of law.

All organizations and individuals using land must use it in an appropriate manner.

Article 11 Non-public economic sectors that are within the scope prescribed by law, such as individually owned and private businesses, are an important component of the socialist market economy.

The state shall protect the lawful rights and interests of non-public economic sectors such as individually owned and private businesses. The state shall encourage, support and guide the development of non-public economic sectors and exercise oversight and regulation over non-public economic sectors in accordance with law.

Article 12 Socialist public property is sacred and inviolable.

The state shall protect socialist public property. It is prohibited for any organization or individual to seize or damage state or collective property by any means.

Article 13 Citizens’ lawful private property is inviolable. 

The state shall protect the right of citizens to own and inherit private property in accordance with the provisions of law.

The state may, in order to meet the demands of the public interest and in accordance with the provisions of law, expropriate or requisition citizens’ private property and furnish compensation. 

Article 14 The state shall continually raise labor productivity and improve economic performance to develop productive forces by increasing working people’s motivation and level of technical skill, promoting advanced science and technology, improving the systems of economic management and enterprise operation and management, practicing different forms of socialist responsibility system and improving the organization of work.

The state shall practice strict economy and combat waste.

The state shall appropriately handle accumulation and consumption, give due consideration at once to the interests of the state, collectives and individuals and, based on the development of production, gradually improve the material and cultural wellbeing of the people.

The state shall establish a sound social security system compatible with the level of economic development.

Article 15 The state shall practice a socialist market economy.

The state shall strengthen economic legislation and improve macro regulation.

The state shall, in accordance with law, prohibit disruption of the socioeconomic order by any organization or individual.

Article 16 State-owned enterprises shall, within the scope prescribed by law, have the right to operate autonomously.

State-owned enterprises shall, in accordance with the provisions of law, practice democratic management through employee congresses and other means.

Article 17 Collective economic organizations shall, on the condition that they abide by relevant laws, have the autonomy to independently conduct economic activities.

Collective economic organizations shall practice democratic management and shall, in accordance with the provisions of law, elect and remove their management personnel and decide on major issues concerning their operations and management.

Article 18 The People’s Republic of China shall permit foreign enterprises, other economic organizations and individuals, to invest in China and to enter into various forms of economic cooperation with Chinese enterprises or other economic organizations in accordance with the provisions of law of the People’s Republic of China.

All foreign enterprises, other foreign economic organizations and Chinese-foreign joint ventures in the territory of China shall abide by the law of the People’s Republic of China. Their lawful rights and interests shall be protected by the law of the People’s Republic of China.

Article 19 The state shall develop socialist education to raise the scientific and cultural level of the whole nation.

The state shall run schools of all types, provide universal compulsory primary education, develop secondary, vocational and higher education, and also develop preschool education.

The state shall develop different types of educational facilities, eliminate illiteracy, provide political, cultural, scientific, technical and field-specific education for workers, peasants, state employees and other working people, and encourage people to become accomplished individuals through self-study.

The state shall encourage collective economic organizations, state enterprises, public institutions and other social actors to run education programs of various types in accordance with the provisions of law.

The state shall promote the common speech — putonghua — used nationwide. [common speech based on Beijing pronunciation--Tr.].

Article 20 The state shall develop the natural and social sciences, disseminate scientific and technological knowledge, and commend and award research achievements and technological discoveries and inventions.

Article 21 To protect the people’s health, the state shall develop medical and health care, develop modern medicine and traditional Chinese medicine, encourage and support the running of various medical and health facilities by rural collective economic organizations, state enterprises, public institutions and neighborhood organizations, and promote public health activities.

To improve the people’s physical fitness, the state shall develop sports and promote public sports activities.

Article 22 The state shall develop art and literature, the press, radio and television broadcasting, publishing, libraries, museums and cultural centers, and other cultural undertakings that serve the people and socialism; and shall promote public cultural activities.

The state shall protect places of scenic beauty and historical interest, valuable cultural relics and other forms of important historical and cultural heritage.

Article 23 The state shall train all kinds of specialized personnel to serve socialism, expand the ranks of intellectuals, and create the conditions for giving full play to their role in socialist modernization.

Article 24 The state shall promote socialist cultural-ethical advancement through widely accessible education on ideals, morality, culture, discipline and law, and through the formulation and observance of different forms of rules of conduct and public pledges among different urban and rural populations.

The state shall champion core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism; educate the people in patriotism and collectivism, in internationalism and communism, and in dialectical and historical materialism; and combat capitalist, feudal and other forms of decadent thought.

Article 25 The state shall promote family planning to see that population growth is consistent with economic and social development plans.

Article 26 The state shall protect and improve living environments and the ecological environment, and prevent and control pollution and other public hazards.

The state shall organize and encourage afforestation and protect forests.

Article 27 All state organs shall practice the principle of lean and efficient administration, a work responsibility system, and a system of employee training and evaluation in order to keep improving the quality and efficiency of their work and combat bureaucratism.

All state organs and state employees must rely on the support of the people, stay engaged with them, listen to their opinions and suggestions, accept their oversight, and work hard to serve them.

State employees, when assuming office, should make a public pledge of allegiance to the Constitution in accordance with the provisions of law.

Article 28 The state shall maintain public order, suppress treason and other criminal activities that jeopardize national security, punish criminal activities, including those that endanger public security or harm the socialist economy, and punish and reform criminals.

Article 29 The armed forces of the People’s Republic of China belong to the people. Their missions are to strengthen national defense, resist aggression, defend the motherland, safeguard the people’s peaceful work, participate in national development, and work hard to serve the people.

The state shall make the armed forces more revolutionary, more modernized and better regulated in order to strengthen national defense capabilities.

Article 30 The administrative areas of the People’s Republic of China shall be delineated as follows:

(1) The country consists of provinces, autonomous regions and cities directly under central government jurisdiction;

(2) Provinces and autonomous regions consist of autonomous prefectures, counties, autonomous counties and cities; and

(3) Counties and autonomous counties consist of townships, ethnic townships and towns.

Cities directly under central government jurisdiction and other large cities consist of districts and counties. Autonomous prefectures consist of counties, autonomous counties and cities.

All autonomous regions, autonomous prefectures and autonomous counties are ethnic autonomous areas.

Article 31 The state may establish special administrative regions when necessary. The systems instituted in special administrative regions shall, in light of specific circumstances, be prescribed by laws enacted by the National People’s Congress.

Article 32 The People’s Republic of China shall protect the lawful rights and interests of foreigners in the territory of China; foreigners in the territory of China 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 on political grounds. [1]

Chapter II Fundamental Rights and Obligations of Citizens
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Article 33 All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China.

All citizens of the People’s Republic of China are equal before the law.

The state shall respect and protect human rights.

Every citizen shall enjoy the rights prescribed by the Constitution and the law and must fulfill the obligations 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, regardless of ethnicity, race, gender, occupation, family background, religious belief, level of education, property status or length of residence, shall have the right to vote and stand for election; persons deprived of political rights in accordance with law shall be an exception.

Article 35 Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.

Article 36 Citizens of the People’s Republic of China shall enjoy freedom of religious belief.

No state organ, social organization or individual shall coerce citizens to believe in or not to believe in any religion, nor shall they discriminate against citizens who believe in or do not believe in any religion.

The state shall protect normal religious activities. No one shall use religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the state’s education system.

Religious groups and religious affairs shall not be subject to control by foreign forces.

Article 37 The personal freedom of citizens of the People’s Republic of China shall not be violated.

No citizen shall be arrested unless with the approval or by the decision of a people’s procuratorate or by the decision of a people’s court, and arrests must be made by a public security organ.

Unlawful detention, or the unlawful deprivation or restriction of a citizen’s personal freedom by other means, is prohibited; the unlawful search of a citizen’s person is prohibited.

Article 38 The personal dignity of citizens of the People’s Republic of China shall not be violated. It is prohibited to use any means to insult, libel or falsely accuse citizens.

Article 39 The homes of citizens of the People’s Republic of China are inviolable. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited.

Article 40 Freedom and confidentiality of correspondence of citizens of the People’s Republic of China shall be protected by law. Except in cases necessary for national security or criminal investigation, when public security organs or procuratorial organs shall examine correspondence in accordance with procedures prescribed by law, no organization or individual shall infringe on a citizen’s freedom and confidentiality of correspondence for any reason.

Article 41 Citizens of the People’s Republic of China shall have the right to criticize and make suggestions regarding any state organ or state employee, and have the right to file with relevant state organs complaints, charges or reports against any state organ or state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort facts to make false accusations.

The state organ concerned must ascertain the facts concerning the complaints, charges or reports made by citizens and take responsibility for their handling. No one shall suppress such complaints, charges or reports or take retaliatory action.

Persons who have suffered losses resulting from infringement of their civil rights by any state organ or state employee shall have the right to receive compensation in accordance with the provisions of law.

Article 42 Citizens of the People’s Republic of China shall have the right and the obligation to work.

The state shall, in various ways, create employment opportunities, strengthen worker protections, improve working conditions and, based on the development of production, increase remuneration for work and work-related benefits.

Work is an honorable duty for every citizen who is able to work. All working people in state owned enterprises and in urban and rural collective economic organizations should approach their own work as masters of their country. The state shall encourage socialist work contests and commend and award model workers and advanced workers. The state shall encourage citizens to participate in voluntary work.

The state shall provide necessary pre-employment training for its citizens.

Article 43 Working people in the People’s Republic of China have the right to rest.

The State expands facilities for the rest and recuperation of the working people and prescribes working hours and vacations for workers and staff.

Article 44 The State applies the system of retirement for workers and staff members of enterprises and institutions and for functionaries of organs of State according to law. The livelihood of retired persons is ensured by the State and society.

Article 45 Citizens of the People’s Republic of China have the right to material assistance from the State and society when they are old, ill or disabled. The State develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right.

The State and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel.

The State and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens.

Article 46 Citizens of the People’s Republic of China have the duty as well as the right to receive education.

The State promotes the all-round development of children and young people, morally, intellectually and physically.

Article 47 Citizens of the People’s Republic of China have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The State encourages and assists creative endeavours conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work.

Article 48 Women in the People’s Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.

The State protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.

Article 49 Marriage, the family and mother and child are protected by the State.

Both husband and wife have the duty to practise family planning.

Parents have the duty to rear and educate their children who are minors, and children who have come of age have the duty to support and assist their parents.

Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.

Article 50 The People’s Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.

Article 51 Citizens of the People’s Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the State, of society or of the collective, or upon the lawful freedoms and rights of other citizens.

Article 52 It is the duty of citizens of the People’s Republic of China to safeguard the unification of the country and the unity of all its nationalities.

Article 53 Citizens of the People’s Republic of China must abide by the Constitution and other laws, keep State secrets, protect public property, observe labour discipline and public order and respect social ethics.

Article 54 It is the duty of citizens of the People’s Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland.

Article 55 It is the sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression.

It is the honourable duty of citizens of the People’s Republic of China to perform military service and join the militia in accordance with law.

Article 56 It is the duty of citizens of the People’s Republic of China to pay taxes in accordance with law. [2]

Chapter III The Structure of the State
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Section 1 The National People's Congress
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Article 57 The National People’s Congress of the People’s Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People’s Congress.

Article 58 The National People’s Congress and its Standing Committee exercise the legislative power of the State.

Article 59 The National People’s Congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions, and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation.

Election of deputies to the National People’s Congress is conducted by the Standing Committee of the National People’s Congress.

The number of deputies to the National People’s Congress and the procedure of their election are prescribed by law.

Article 60 The National People’s Congress is elected for a term of five years.

The Standing Committee of the National People’s Congress must ensure the completion of election of deputies to the succeeding National People’s Congress two months prior to the expiration of the term of office of the current National People’s Congress. Should extraordinary circumstances prevent such an election, it may be postponed and the term of office of the current National People’s Congress extended by the decision of a vote of more than two-thirds of all those on the Standing Committee of the current National People’s Congress. The election of deputies to the succeeding National People’s Congress must be completed within one year after the termination of such extraordinary circumstances.

Article 61 The National People’s Congress meets in session once a year and is convened by its Standing Committee. A session of the National People’s Congress may be convened at any time the Standing Committee deems it necessary or when more than one-fifth of the deputies to the National People’s Congress so propose.

When the National People’s Congress meets, it elects a Presidium to conduct its session.

Article 62 The National People’s Congress exercises the following functions and powers:

(1) to amend the Constitution;

(2) to supervise the enforcement of the Constitution;

(3) to enact and amend basic laws governing criminal offences, civil affairs, the State organs and other matters;

(4) to elect the President and the Vice-President of the People’s Republic of China;

(5) to decide on the choice of the Premier of the State Council upon nomination by the President of the People’s Republic of China, and on the choice of the Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier;

(6) to elect the Chairman of the Central Military Commission and, upon nomination by the Chairman, to decide on the choice of all other members of the Central Military Commission;

(7) to elect the President of the Supreme People’s Court;

(8) to elect the Procurator-General of the Supreme People’s Procuratorate;

(9) to examine and approve the plan for national economic and social development and the report on its implementation;

(10) to examine and approve the State budget and the report on its implementation;

(11) to alter or annul inappropriate decisions of the Standing Committee of the National People’s Congress;

(12) to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government;

(13) to decide on the establishment of special administrative regions and the systems to be instituted there;

(14) to decide on questions of war and peace; and

(15) to exercise such other functions and powers as the highest organ of state power should exercise.

Article 63 The National People’s Congress has the power to remove from office the following persons:

(1) the President and the Vice-President of the People’s Republic of China;

(2) the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council;

(3) the Chairman of the Central Military Commission and other members of the Commission;

(4) the President of the Supreme People’s Court; and

(5) the Procurator-General of the Supreme People’s Procuratorate.

Article 64 Amendments to the Constitution are to be proposed by the Standing Committee of the National People’s Congress or by more than one-fifth of the deputies to the National People’s Congress and adopted by a vote of more than two-thirds of all the deputies to the Congress.

Laws and resolutions are to be adopted by a majority vote of all the deputies to the National People’s Congress.

Article 65 The Standing Committee of the National People’s Congress is composed of the following:

the Chairman;

the Vice-Chairmen;

the Secretary-General; and

the members.

Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People’s Congress.

The National People’s Congress elects, and has the power to recall, members of its Standing Committee.

No one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, judicial or procuratorial organs of the State.

Article 66 The Standing Committee of the National People’s Congress is elected for the same term as the National People’s Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the succeeding National People’s Congress.

The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms.

Article 67 The Standing Committee of the National People’s Congress exercises the following functions and powers:

(1) to interpret the Constitution and supervise its enforcement;

(2) to enact and amend laws, with the exception of those which should be enacted by the National People’s Congress;

(3) to partially supplement and amend, when the National People’s Congress is not in session, laws enacted by the National People’s Congress, provided that the basic principles of these laws are not contravened;

(4) to interpret laws;

(5) to review and approve, when the National People’s Congress is not in session, partial adjustments to the plan for national economic and social development or to the State budget that prove necessary in the course of their implementation;

(6) to supervise the work of the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate;

(7) to annul those administrative regulations, decisions or orders of the State Council that contravene the Constitution or other laws;

(8) to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the Constitution, other laws or administrative regulations;

(9) to decide, when the National People’s Congress is not in session, on the choice of Ministers in charge of ministries or commissions, the Auditor-General or the Secretary-General of the State Council upon nomination by the Premier of the State Council;

(10) to decide, when the National People’s Congress is not in session, on the choice of other members of the Central Military Commission upon nomination by the Chairman of the Commission;

(11) to appoint or remove, at the recommendation of the President of the Supreme People’s Court, the Vice-Presidents and Judges of the Supreme People’s Court, members of its Judicial Committee and the President of the Military Court;

(12) to appoint or remove, at the recommendation of the Procurator-General of the Supreme People’s Procuratorate, the Deputy Procurators-General and procurators of the Supreme People’s Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military Procuratorate, and to approve the appointment or removal of the chief procurators of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;

(13) to decide on the appointment or recall of plenipotentiary representatives abroad;

(14) to decide on the ratification or abrogation of treaties and important agreements concluded with foreign states;

(15) to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks;

(16) to institute State medals and titles of honour and decide on their conferment;

(17) to decide on the granting of special pardons;

(18) to decide, when the National People’s Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfilment of international treaty obligations concerning common defence against aggression;

(19) to decide on general or partial mobilization;

(20) to decide on entering the state of emergency throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government; and

(21) to exercise such other functions and powers as the National People’s Congress may assign to it.

Article 68 The Chairman of the Standing Committee of the National People’s Congress directs the work of the Standing Committee and convenes its meetings. The Vice-Chairmen and the Secretary-General assist the Chairman in his work.

The Chairman, the Vice-Chairmen and the Secretary-General constitute the Council of Chairmen which handles the important day-to-day work of the Standing Committee of the National People’s Congress.

Article 69 The Standing Committee of the National People’s Congress is responsible to the National People’s Congress and reports on its work to the Congress.

Article 70 The National People’s Congress establishes a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special committees as are necessary. These special committees work under the direction of the Standing Committee of the National People’s Congress when the Congress is not in session.

The special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the National People’s Congress and its Standing Committee.

Article 71 The National People’s Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports.

All organs of State, public organizations and citizens concerned are obliged to furnish the necessary information to the committees of inquiry when they conduct investigations.

Article 72 Deputies to the National People’s Congress and members of its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the National People’s Congress and its Standing Committee.

Article 73 Deputies to the National People’s Congress and members of the Standing Committee have the right, during the sessions of the Congress and the meetings of the Committee, to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner.

Article 74 No deputy to the National People’s Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People’s Congress or, when the National People’s Congress is not in session, without the consent of its Standing Committee.

Article 75 Deputies to the National People’s Congress may not be held legally liable for their speeches or votes at its meetings.

Article 76 Deputies to the National People’s Congress must play an exemplary role in abiding by the Constitution and other laws and keeping State secrets and, in public activities, production and other work, assist in the enforcement of the Constitution and other laws.

Deputies to the National People’s Congress should maintain close contact with the units which elected them and with the people, heed and convey the opinions and demands of the people and work hard to serve them.

Article 77 Deputies to the National People’s Congress are subject to supervision by the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall deputies they elected.

Article 78 The organization and working procedures of the National People’s Congress and its Standing Committee are prescribed by law. [3]

Section 2 The President of the People's Republic of China
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Article 79 The President and Vice-President of the People’s Republic of China are elected by the National People’s Congress.

Citizens of the People’s Republic of China who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as President or Vice-President of the People’s Republic of China.

The term of office of the President and Vice-President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms.

Article 80 The President of the People’s Republic of China, in pursuance of the decisions of the National People’s Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers State medals and titles of honour; issues orders of special pardons; proclaims entering of the state of emergency; proclaims a state of war; and issues mobilization orders.

Article 81 The President of the People’s Republic of China, on behalf of the People’s Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives and, in pursuance of the decisions of the Standing Committee of the National People’s Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states.

Article 82 The Vice-President of the People’s Republic of China assists the President in his work.

The Vice-President of the People’s Republic of China may exercise such functions and powers of the President as the President may entrust to him.

Article 83 The President and Vice-President of the People’s Republic of China exercise their functions and powers until the new President and Vice-President elected by the succeeding National People’s Congress assume office.

Article 84 In the event that the office of the President of the People’s Republic of China falls vacant, the Vice-President succeeds to the office of the President.

In the event that the office of the Vice-President of the People’s Republic of China falls vacant, the National People’s Congress shall elect a new Vice-President to fill the vacancy.

In the event that the offices of both the President and the Vice-President of the People’s Republic of China fall vacant, the National People’s Congress shall elect a new President and a new Vice-President. Prior to such election, the Chairman of the Standing Committee of the National People’s Congress shall temporarily act as the President of the People’s Republic of China. [4]

Section 3 The State Council
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Article 85 The State Council, that is, the Central People’s Government, of the People’s Republic of China is the executive body of the highest organ of state power; it is the highest organ of State administration.

Article 86 The State Council is composed of the following:

the Premier;

the Vice-Premiers;

the State Councillors;

the Ministers in charge of ministries;

the Ministers in charge of commissions;

the Auditor-General; and

the Secretary-General.

The Premier assumes overall responsibility for the work of the State Council. The ministers assume overall responsibility for the work of the ministries and commissions. The organization of the State Council is prescribed by law.

Article 87 The term of office of the State Council is the same as that of the National People’s Congress.

The Premier, Vice-Premiers and State Councillors shall serve no more than two consecutive terms.

Article 88 The Premier directs the work of the State Council. The Vice-Premiers and State Councillors assist the Premier in his work.

Executive meetings of the State Council are to be attended by the Premier, the Vice-Premiers, the State Councillors and the Secretary-General of the State Council.

The Premier convenes and presides over the executive meetings and plenary meetings of the State Council.

Article 89 The State Council exercises the following functions and powers:

(1) to adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the Constitution and other laws;

(2) to submit proposals to the National People’s Congress or its Standing Committee;

(3) to formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions;

(4) to exercise unified leadership over the work of local organs of State administration at various levels throughout the country, and to formulate the detailed division of functions and powers between the Central Government and the organs of State administration of provinces, autonomous regions, and municipalities directly under the Central Government;

(5) to draw up and implement the plan for national economic and social development and the State budget;

(6) to direct and administer economic affairs and urban and rural development;

(7) to direct and administer the affairs of education, science, culture, public health, physical culture and family planning;

(8) to direct and administer civil affairs, public security, judicial administration, supervision and other related matters;

(9) to conduct foreign affairs and conclude treaties and agreements with foreign States;

(10) to direct and administer the building of national defence;

(11) to direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right to autonomy of the national autonomous areas;

(12) to protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad;

(13) to alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions;

(14) to alter or annul inappropriate decisions and orders issued by local organs of State administration at various levels;

(15) to approve the geographic division of provinces, autonomous regions, and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties, and cities;

(16) in accordance with the provisions of law, to decide on entering into the state of emergency in parts of provinces, autonomous regions, and municipalities directly under the Central Government;

(17) to examine and decide on the size of administrative organs and, in accordance with the provisions of law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and

(18) to exercise such other functions and powers as the National People’s Congress or its Standing Committee may assign to it.

Article 90 Ministers in charge of the ministries or commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments.

The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with law and the administrative regulations, decisions and orders issued by the State Council.

Article 91 The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institutions of the State.

Under the direction of the Premier of the State Council and in accordance with the provisions of law, the auditing body independently exercises its power of supervision through auditing, subject to no interference by any other administrative organ or any public organization or individual.

Article 92 The State Council is responsible and reports on its work to the National People’s Congress or, when the National People’s Congress is not in session, to its Standing Committee. [5]

Section 4 The Central Military Commission
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Article 93 The Central Military Commission of the People’s Republic of China directs the armed forces of the country.

The Central Military Commission is composed of the following:

the Chairman;

the Vice-Chairmen; and

the members.

The Chairman assumes overall responsibility for the work of the Central Military Commission.

The term of office of the Central Military Commission is the same as that of the National People’s Congress.

Article 94 The Chairman of the Central Military Commission is responsible to the National People’s Congress and its Standing Committee. [6]

Section 5 The Local People's Congresses and Local People's Government at Various Levels
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Article 95 People’s congresses and people’s governments are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships, and towns.

The organization of local people’s congresses and local people’s governments at various levels is prescribed by law.

Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and working procedures of organs of self-government are prescribed by law in accordance with the basic principles laid down in Sections 5 and 6 of Chapter III of the Constitution.

Article 96 Local people’s congresses at various levels are local organs of state power.

Local people’s congresses at or above the county level establish standing committees.

Article 97 Deputies to the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts are elected by the people’s congresses at the next lower level; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are elected directly by their constituencies.

The number of deputies to local people’s congresses at various levels and the manner of their election are prescribed by law.

Article 98 The term of office of the local people’s congresses at various levels is five years.

Article 99 Local people’s congresses at various levels ensure the observance and implementation of the Constitution and other laws and the administrative regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for the development of public services.

Local people’s congresses at or above the county level shall examine and approve the plans for economic and social development and the budgets of their respective administrative areas and examine and approve the reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees.

The people’s congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the nationalities concerned.

Article 100 The people’s congresses of provinces, and municipalities directly under the Central Government, and their standing committees may adopt local regulations, which must not contravene the Constitution and other laws and administrative regulations, and they shall report such local regulations to the Standing Committee of the National People’s Congress for the record.

Article 101 Local people’s congresses at their respective levels elect and have the power to recall governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns.

Local people’s congresses at or above the county level elect, and have the power to recall, presidents of people’s courts and chief procurators of people’s procuratorates at the corresponding level. The election or recall of chief procurators of people’s procuratorates shall be reported to the chief procurators of the people’s procuratorates at the next higher level for submission to the standing committees of the people’s congresses at the corresponding level for approval.

Article 102 Deputies to the people’s congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people’s congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are subject to supervision by their constituencies.

The units and constituencies which elect deputies to local people’s congresses at various levels have the power to recall the deputies according to procedures prescribed by law.

Article 103 The standing committee of a local people’s congress at or above the county level is composed of a chairman, vice-chairmen and members, and is responsible and reports on its work to the people’s congress at the corresponding level.

A local people’s congress at or above the county level elects, and has the power to recall, members of its standing committee.

No one on the standing committee of a local people’s congress at or above the county level shall hold office in State administrative, judicial and procuratorial organs.

Article 104 The standing committee of a local people’s congress at or above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people’s government, people’s court and people’s procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people’s government at the corresponding level; annuls inappropriate resolutions of the people’s congress at the next lower level; decides on the appointment or removal of functionaries of State organs within the limits of its authority as prescribed by law; and, when the people’s congress at the corresponding level is not in session, recalls individual deputies to the people’s congress at the next higher level and elects individual deputies to fill vacancies in that people’s congress.

Article 105 Local people’s governments at various levels are the executive bodies of local organs of state power as well as the local organs of State administration at the corresponding levels.

Governors, mayors and heads of counties, districts, townships and towns assume overall responsibility for local people’s governments at various levels.

Article 106 The term of office of local people’s governments at various levels is the same as that of the people’s congresses at the corresponding levels.

Article 107 Local people’s governments at or above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train them, appraise their performance and reward or punish them.

People’s governments of townships, nationality townships, and towns execute the resolutions of the people’s congresses at the corresponding levels as well as the decisions and orders of the State administrative organs at the next higher level and conduct administrative work in their respective administrative areas.

People’s governments of provinces, and of municipalities directly under the Central Government decide on the establishment and geographic division of townships, nationality townships, and towns.

Article 108 Local people’s governments at or above the county level direct the work of their subordinate departments and of people’s governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and of the people’s governments at lower levels.

Article 109 Auditing bodies are established by local people’s governments at or above the county level. Local auditing bodies at various levels, independently and in accordance with the provisions of law, exercise their power of supervision through auditing and are responsible to the people’s government at the corresponding level and to the auditing body at the next higher level.

Article 110 Local people’s governments at various levels are responsible and report on their work to people’s congresses at the corresponding levels. Local people’s governments at or above the county level are responsible and report on their work to the standing committees of the people’s congresses at the corresponding levels when the congresses are not in session.

Local people’s governments at various levels are responsible and report on their work to the State administrative organs at the next higher level. Local people’s governments at various levels throughout the country are State administrative organs under the unified leadership of the State Council and are subordinate to it.

Article 111 The residents committees and villagers committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. The chairman, vice-chairmen and members of each residents or villagers committee are elected by the residents. The relationship between the residents and villagers committees and the grass-roots organs of state power is prescribed by law.

The residents and villagers committees establish sub-committees for people’s mediation, public security, public health and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents’ opinions and demands and make suggestions to the people’s government. [7]

Section 6 The Organs of Self-Government of National Autonomous Areas
[edit]

Article 112 The organs of self-government of national autonomous areas are the people’s congresses and people’s governments of autonomous regions, autonomous prefectures and autonomous counties.

Article 113 In the people’s congress of an autonomous region, autonomous prefecture or autonomous county, in addition to the deputies of the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation.

Among the chairman and vice-chairmen of the standing committee of the people’s congress of an autonomous region, autonomous prefecture or autonomous county there shall be one or more citizens of the nationality or nationalities exercising regional autonomy in the area concerned.

Article 114 The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned.

Article 115 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties exercise the functions and powers of local organs of State as specified in Section 5 of Chapter III of the Constitution. At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the Law of the People’s Republic of China on Regional National Autonomy and other laws and implement the laws and policies of the State in the light of the existing local situation.

Article 116 The people’s congresses of national autonomous areas have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The regulations on the exercise of autonomy and other separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People’s Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people’s congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People’s Congress for the record.

Article 117 The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the State shall be managed and used by the organs of self-government of those areas on their own.

Article 118 The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of State plans.

In exploiting natural resources and building enterprises in the national autonomous areas, the State shall give due consideration to the interests of those areas.

Article 119 The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas, protect and sift through the cultural heritage of the nationalities and work for a vigorous development of their cultures.

Article 120 The organs of self-government of the national autonomous areas may, according to the military system of the State and practical local needs and with the approval of the State Council, organize local public security forces for the maintenance of public order.

Article 121 In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the provisions of the regulations on the exercise of autonomy in those areas, employ the spoken and written language or languages in common use in the locality.

Article 122 The State provides financial, material and technical assistance to the minority nationalities to help accelerate their economic and cultural development.

The State helps the national autonomous areas train large numbers of cadres at various levels and specialized personnel and skilled workers of various professions and trades from among the nationality or nationalities in those areas. [8]

Section 7 The People's Courts and the People's Procuratorates
[edit]

Article 123 The people’s courts of the People’s Republic of China are the judicial organs of the State.

Article 124 The People’s Republic of China establishes the Supreme People’s Court and the people’s courts at various local levels, military courts and other special people’s courts.

The term of office of the President of the Supreme People’s Court is the same as that of the National People’s Congress. The President shall serve no more than two consecutive terms.

The organization of the people’s courts is prescribed by law.

Article 125 Except in special circumstances as specified by law, all cases in the people’s courts are heard in public. The accused has the right to defence.

Article 126 The people’s courts exercise judicial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual.

Article 127 The Supreme People’s Court is the highest judicial organ.

The Supreme People’s Court supervises the administration of justice by the people’s courts at various local levels and by the special people’s courts. People’s courts at higher levels supervise the administration of justice by those at lower levels.

Article 128 The Supreme People’s Court is responsible to the National People’s Congress and its Standing Committee. Local people’s courts at various levels are responsible to the organs of state power which created them.

Article 129 The people’s procuratorates of the People’s Republic of China are State organs for legal supervision.

Article 130 The People’s Republic of China establishes the Supreme People’s Procuratorate and the people’s procuratorates at various local levels, military procuratorates and other special people’s procuratorates.

The term of office of the Procurator-General of the Supreme People’s Procuratorate is the same as that of the National People’s Congress; the Procurator-General shall serve no more than two consecutive terms.

The organization of the people’s procuratorates is prescribed by law.

Article 131 The people’s procuratorates exercise procuratorial power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, public organization or individual.

Article 132 The Supreme People’s Procuratorate is the highest procuratorial organ.

The Supreme People’s Procuratorate directs the work of the people’s procuratorates at various local levels and of the special people’s procuratorates. People’s procuratorates at higher levels direct the work of those at lower levels.


Article 133 The Supreme People’s Procuratorate is responsible to the National People’s Congress and its Standing Committee. People’s procuratorates at various local levels are responsible to the organs of state power which created them and to the people’s procuratorates at higher levels.

Article 134 Citizens of all China’s nationalities have the right to use their native spoken and written languages in court proceedings. The people’s courts and people’s procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality.

In an area where people of a minority nationality live in a concentrated community or where a number of nationalities live together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages commonly used in the locality.

Article 135 The people’s courts, the people’s procuratorates and the public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of law. [9]

Chapter IV The National Flag, the National Anthem, the National Emblem and the Capital
[edit]

Article 136 The national flag of the People’s Republic of China is a red flag with five stars.

The national anthem of the People’s Republic of China is the March of the Volunteers.

Article 137 The national emblem of the People’s Republic of China consists of an image of Tian’anmen in its centre illuminated by five stars and encircled by ears of grain and a cogwheel.

Article 138 The capital of the People’s Republic of China is Beijing. [10]

Copyright.svg PD-icon.svg This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
Original:

This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts news on current affairs (the mere facts or happenings reported by the mass media, such as newspapers, periodicals and radio and television stations as defined in Article 5 of the Implementing Regulations of the Copyright Law of the People's Republic of China), and calendars, numerical tables, and other forms of general use and formulas.

Translation:

This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts news on current affairs (the mere facts or happenings reported by the mass media, such as newspapers, periodicals and radio and television stations as defined in Article 5 of the Implementing Regulations of the Copyright Law of the People's Republic of China), and calendars, numerical tables, and other forms of general use and formulas.

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  2. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372964.htm accessed on 2019-02-16
  3. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372965.htm accessed on 2019-02-17
  4. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372966.htm accessed on 2019-02-17
  5. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372967.htm accessed on 2019-02-17
  6. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372968.htm accessed on 2019-02-17
  7. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372989.htm accessed on 2019-02-17
  8. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372990.htm accessed on 2019-02-17
  9. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372991.htm accessed on 2019-02-17
  10. http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372992.htm accessed on 2019-02-17