In 1954 September, the first National People's Congress ceremoniously. Diagram for Zhou Enlai as "government work report". The conference adopted the "constitution of the Republic of China". Xinhua News Agency (file photo)

The first session of the National People's Congress vote

Preface.

In 1953, three major reform movement started, China jump in the economy into a socialist. Accordingly, in the political aspect, the Communist Party of China in September 20, 1954 will write the new socialist China first constitution.

The birth of a new Chinese first constitution, as Chinese continued for thousands of years the rule of history ended, and Mao Zedong refused his name to the constitution, more evidence to the rule of law China Chinese Communist party.

[introduction]

At that moment

In September 20, 1954, the first constitution of the people's Republic of China was born.

Witness

Xu Chongde: born in 1929, Shanghai Qingpu people. Renmin University of China Professor, doctoral tutor. Now living in Beijing.

At five fifty-five on the afternoon of September 20, 1954, Zhongnanhai Huairen hall. When Zhou Enlai in the people's Republic of China the first session of the National People's Congress solemnly declared, "the people's Republic of China Constitution" the 1197 representatives to a secret ballot unanimous, all the representatives present stood up, shouting "long live the people's Republic of China", "long live the Communist Party of Chinese". Prolonged applause and cheers from the Huairen hall.

The first part of the new constitution Chinese history was born, a solemn commitment from China -- to the people all the rights of the people's Republic of china.

Memories new China first constitution was born of the moving scene, has eighty year old Xu Chongde still sigh with emotion, "it is in my life the most exciting moment".

The constitutional preparation

In 1953, 24 year-old Xu Chongde as a teacher at Renmin University of China, was seconded to the "Information Committee" constitution drafting work, the future China constitutional authority which witnessed new Chinese first constitution from the drafting to the whole process of introduction.

Prior to this, our country only a "common program" plays a provisional constitutional role. Because of the war of liberation has not yet ended, economy is in recovery, the new Chinese holds people's Congress, the constitution of the conditions are not yet ripe.

Until the end of 1952, the CPC Central Committee began to consider the problem of the National People's Congress meeting and constitution etc..

The year 1953, "people's Daily" published in the new year editorial, puts forward three task was to the people of the whole country: first, continue to strengthen the struggle; second, the first five year plan the implementation of national construction; third, to convene the National People's Congress, through the constitution.

However, because some areas suffering from serious natural disasters, the third task could not be completed in the year, until 1954, but for the general election of NPC held in 1953 on schedule to start.

In March 1, 1953, Mao Zedong in the name of the chairman of the Central People's government, promulgated the first "new" Chinese election law.

The first general election

"After the election law" implemented, the China first started democratic election.

The summer of 1953, two colleagues, Xu Chongde and Renmin University of China together was seconded to the central Ministry of the interior (now the Ministry of Civil Affairs), and was sent to the Shandong province Tai'an County Guan Xiang engage in universal suffrage pilot.

In the Chengguan Township, new term too many have never heard of. Let those who only know the land of farmers.

"What is universal suffrage?"

"What qualifications of voters?"

"It is?"

In order to mobilize the people, Xu Chongde and his colleagues found the Youth League members formed a publicity team, from door to door say: "from now on, we want to elect their own representatives to govern the country, this is the people's right to take leadership, is the sacred right."

Soon, the propaganda met with success. Voter registration, registration points early in the morning on a long row of teams, even the most lifetime never had the rural old woman several times the world, also put on the most beautiful clothes came.

Because the old society, many women have no name, only the "Wang Mei", "Li Jia eldest sister-in-law" such a call, so Xu Chongde and colleagues in the registered voters, the scene to give them take a name -- "you called Wang Yamei, you call Li Suzhen......"

After consideration of candidates, publicity, went to the big day of the election.

Xu Chongde remember, open meeting that day, the villagers standing close. The master of ceremonies, read the names of the candidates, I agree, disagree with no hands, so the Township People's Congress elected.

"Elected villagers was hardly music." Xu Chongde memories, for the oppressed China farmers, the extraordinary significance of the election.

Chengguan Township farmers is the epitome of hundreds of millions of ordinary voters. According to the census, the new China 600000000 people, and a general election is almost 215000 electoral units, covering 570000000 people, is a true sense of universal suffrage.

Drafting a constitution

Soon after the start of universal suffrage, drafting a constitution work commenced.

The evening of December 27, 1953, the special train in the winter dusk quietly out of the Beijing Railway Station, Hangzhou gallop. The car sat in the constitution drafting team, led by Mao Zedong personally.

After arriving in Hangzhou, the drafting work soon began to.

In mid February, the drafting group prepared a draft constitution draft, and then sent to Beijing. To draft, Liu Shaoji called the central relevant personnel to discuss, then sent to the Hangzhou. Hangzhou was modified, and the modified release back to Beijing. So repeatedly repeatedly, the drafting of the draft constitution only temporarily come to an end.

In March 14th, Mao Zedong journey back to Beijing.

In March 23rd, 30 more members of the constitution Drafting Committee gathered in Zhongnanhai qinzhengdian, attended the first meeting of the constitution drafting committee.

On the meeting, Mao Zedong pointed out, the draft constitution should be simple, clear and easy to understand as much as possible, the text. His citing says: "the constitution draft to what 'what is' to' time'. The word 'to' people don't understand, were replaced by the words' is'."

In March 28th, the constitution Drafting Committee Office was formally established, edit the group, under the group meeting, record group, the contact group, general group and material group. At this time, from Tai'an to Shandong near Xu Chongde, and was seconded to the data group work.

Careful modification

Data group work is to collect all the time, every clause of the Constitution and other documents. In the meantime, the ongoing discussion and revision of the draft constitution in.

In March 29, 1954, more than 500 members of the CPPCC National Committee group discussions, a total of more than 3900 proposed amendments; then the greater administrative areas, provinces, city, autonomous region and the people's Liberation Army, after the discussion of more than 8000 people, more than 5900 and the proposed amendments.

At that time, the Constitution Draft for discussion to print a book, new ideas appear, will use the original provisions note affixed, write new content.

At that time, the constitution Drafting Committee invited legal experts Zhou Gengsheng, Qian Duansheng as legal consultant, educator Ye Shengtao, hired linguist Lv Shuxiang for Chinese consultant, study on the draft constitution from every angle.

Xu Chongde remember, procuratorial organs should be vertical leadership or double subordinate leadership issues, has been discussed repeatedly.

"Relates to the procuratorial organs in this article, the first is the 'leadership', after two days post into the 'double slave', a few days to put into the 'leadership'. Such repeated 'stick' many times, just set the 'leadership'."

And write in ornate style more deliberate, more meet the eye everywhere. For example, in the second paragraph of the draft fifty-fourth wrote: "the organs of self-government of the establishment of autonomous regions, autonomous prefectures and autonomous counties. The organization and work of organs of self-government are prescribed by the constitution of the second chapter of fifth."

Discussion at the meeting, Zhang Xiruo proposed, here the word "by" whether should be changed into "according to"? Because the word "by" a little uncertain meaning, since in the former has made it very clear, or "according to" better.

Zhou Gengsheng said: "by" with future meaning, "according to" is not too good, simply use "in the word" better.

Mao Zedong said: "in the" not so right.

Li Lisan said: "the word" or "according to", as the following words not finished.

......

Mao Zedong said at last: "by" word than "in" words, than the "in accordance with the" good. How about Mr. Zhang's opinion? Comparison of three words, or "by" word.

Zhang Xiruo said: I have no opinion. Once, Liu Baicheng, Nie Rongzhen and other members argued that the draft article forty-second: "the armed forces of the people's Republic of China President" command in "armed forces" to "armed forces".

Legal team Qian Duansheng explained: the reason to write "armed forces", is that the forces which can command, power is not good command.

Mao Zedong said: armed forces is divided into two parts, one part is the troops, the other part is the forces outside the armed forces. If the original wording, it forces other than the armed forces should not be president commanded.

Mao Zedong glanced around the room, looking at Ye Shengtao and Lv Shuxiang, ask: Chinese adviser comrades, you see what a good idea?

Ye Shengtao said: "the armed forces or into" good, we have a look fourth, fourth written"...... Rely on...... Social forces "in a word, since the social forces can rely on, why the armed forces will not be able to command?

After discussion, the meeting reached a consensus, 42 "armed forces" instead of "armed forces".

Public discussion

In June 14, 1954, this thirtieth session of Central People's Government Committee by the "draft constitution of the people's Republic of China".

Two days later, "people's Daily" published the full text of the draft constitution and published an editorial, calling on people across the country to discuss the draft constitution. For a time, a big discussion set off a nationwide.

On the same day, in Nanjing, "Xinhua Daily" multi sold more than 8 copies; Fuzhou, more than 300 speakers respectively on the Fuzhou dialect, dialect to the city's 500000 broadcast contents of the draft; Sichuan, propagandist for about 150000 times the propaganda to the masses, the audience of 18000000 people...... The discussion continued for more than two months, the number of participants up to 150000000 people, accounting for 1/4 of the population.

The great debate, left a deep impression on Xu Chongde. He said, the summer of 1954, the flood in China, many local governments in the flood dam organized people to discuss.

In addition, the broad masses of the people also put forward on the draft constitutional amendments and addenda. At that time, the flood of highway, railway, in order to discuss the comments sent to Beijing, the local oil paper, linoleum to file package, cargo to Zhongnanhai. Xu Chongde and his colleagues together packages ", each open a package, are all very excited."

A short span of two months, the draft constitution in 1954 1180000. Xu Chongde and his colleagues in order to early organize these opinions, "stay up almost every day". Finally, they took the advice warping codified into 16 book, the constitution Drafting Committee after careful consideration, and do some modifications to the draft.

Constitution

In the before and after national debate, the first session of the National People's Congress also entered the countdown. At this time, Xu Chongde was transferred to the NPC proposal group, which witnessed the grand occasion of the people's congress.

On September 15, 1954 afternoon 3 when, Zhongnanhai Huairen hall solemn, Chairman Mao Zedong announced the opening of the general assembly. Subsequently, Liu Shaoji made "on the draft constitution of the people's Republic of China report", pointed out that the draft constitution is "happy life assurance", "every one represents the interests of the people".

5 days later, the General Assembly decided by secret ballot by the constitution.

That day afternoon 3 when, the executive chairman of the general assembly: Zhou Enlai first announced today the 1197 delegates attended the meeting, meet the statutory number.

Subsequently, the Secretariat of the conference for comrades read the full text of the draft constitution. Finished, the staff asked: "we have no final changes?" All delegates responded with warm applause No.

Subsequently, the staff began publishing veto. The delegates finished ticket, walked to the red boxes before the vote.

At five fifty-five in the afternoon, counting over, Zhou Enlai announced the results of the vote: the number of votes 1197, agreed to 1197 tickets. "People's Republic of China Constitution" by the first meeting of the people's Republic of China the first session of the National People's Congress on September 20, 1954.

The delegates unanimously stood up, enjoy applause, cheers.

At that moment, Xu Chongde excited to tears. He said, when Beijing's high streets and back lanes are setting off firecrackers everywhere, that many parents to name "the constitution of newborn".

Later, Peng Zhen recalled: "at that time, the central government decided to major issues, Chairman Mao, Zhou often ask: Is it right? Constitutional?"

Witness the new Chinese first constitution was born Xu Chongde, and from the constitution the indissoluble bound. He has participated in the drafting of the constitution of 1982, the basic law of Hongkong, the Macao basic law.

This guide:

Republic of China chronicles series:

"The constitution is engaged in science."

In June 14th, Mao Zedong chaired thirtieth meetings of Council of the Central People's government, through the "draft constitution of the PRC" and announced on the constitution draft resolution, requirements of local people's governments at various levels throughout the country immediately generally organization discussion about the draft constitution in the people, mobilize the masses to actively put forward amendments to the draft constitution. They also asked the constitution Drafting Committee to continue its work, collect people's opinion, to study, to complete the draft constitution amendment in the first session of the first National People's Congress is held, and ready to submit a draft constitution report to the National People's congress.

Mao Zedong made "about" the draft constitution of the people's Republic of China to speak at the meeting. He confidently said: this draft constitution, seems to be very popular. Why? Mao Zedong explained: the main is to draft a constitution to take the leading organs of the views and opinions of the masses combination. This draft constitution combines the minority leader, announced after the opinions and more than 8000 people, but also by the National People's opinion, discussion, the views and the views of people across the country are combined. Mao Zedong predicted: after the publication of the draft constitution, will receive the unanimous support of the people, will have great influence in the world. Meeting the requirements of people's governments at various levels shall immediately organize extensive discussion of all walks, the proposed amendments, also asked the constitution Drafting Committee to continue to work, to collect the views of the people, before the first National People's Congress was held, to complete the draft constitution amendment.

At the time, has been proposed to the Constitution called "Mao Zedong constitution", the draft constitution is written into the glorification of Mao Zedong text. Mao Zedong firmly rejected, and delete the praise the draft constitution own provisions. Some people say that delete these Provisions is Mao Zedong "modesty". In this regard, Mao Zedong seriously at the meeting: can't explain, this is not modesty, but because that is not appropriate, unreasonable, unscientific. In the people's democratic countries such as us, should not be written as inappropriate provision. Not should write out of modesty, don't write. He said: science without what modest immodest questions. Constitution making is a matter of science. In addition to our science, what all don't believe, that is to say, not superstition. Chinese or foreigners, the dead or the living or,,, right is right, wrong is wrong, otherwise called superstition. To do away with all fetishes and superstitions. Whether ancient or modern, or, the correct letter, incorrect not letter, not letter but also criticism. This is the scientific attitude.

The constitution is not a seamless heavenly robe, there will always be a disadvantage.

6 month 16 days, "people's Daily" published the full text of the draft constitution, and entitled "on the people in the country widely discussed the draft constitution of the people's Republic of China". Then, a national debate with the fastest speed, the most short time spread rapidly in nationwide. Discussion lasted more than two months, the number of participating in the discussion of as many as 150000000 people, accounting for 1/4 of the population in all aspects, and put forward the views of a total of more than 118. Based on these observations and recommendations, the constitution Drafting Committee on the draft and revised.

In September 9th, the Central People's Government Committee on the thirty-fourth meeting to discuss the adoption of the draft again after the constitutional amendment, and decided to formally submit it to the first session of the first National People's Congress for deliberation.

In the meantime, Liu Shaoji presided over the drafting to the first session of the first National People's Congress made "on the draft constitution of the people's Republic of China report". This report is on the draft Constitution states, is an important historical document. Mao Zedong on this report made several amendments. September 9, 1954 morning 2 when, Mao Zedong in change part "on the draft constitution of the people's Republic of China report" draft, decisions about Political Bureau Standing Committee to discuss the draft report of the first two chapters, the first chapter is "the draft constitution of the people's Republic of China is the historical experience", "the second chapter on the basic content the draft constitution". He signed a memorandum to the Secretary General Gao Zhi, he used the telephone to inform Zhou Enlai, Zhu De, Chen Yun, Deng Xiaoping et al: now afternoon 5 when before and after 7 pm, see Comrade Shao Qi constitution draft report of the first two chapters, so that night at about 11, and Shao Qi, Alberta, to my office to talk about the two chapter some of the problems.

In September 11th, Mao Zedong on this report from A to Z change again. In September 12th, Liu Shaoji chaired the constitution Drafting Committee of the ninth meeting, discuss the changes "on the draft constitution of the people's Republic of China report". The meeting finally decided to commission drafted the report by Liu Shaoji on behalf of the constitution. In September 13th, Mao Zedong and the report made a last-minute change validation.

In September 14, 1954, representatives to participate in the first session of the National People's Congress in Beijing. According to the Tibet and other areas of the National People's Congress's opinion, the Central People's government committee holds a temporary meeting, on the draft constitution was amended. Present at the meeting besides 44 government members, invited 21 celebrities conference representative group leader to attend the meeting.

On the meeting, Mao Zedong put forward the draft Constitution: there are two places to change, this is the National People's congress deputies comments, the better. One is "the first constitution" in our country, to "people's Republic of China constitution". These modifications are written, but do not change it. Over the past Chinese constitution of 8 (not including the draft): the "constitution",

Sun Zhongshan's "provisional constitution of the Republic of China", Yuan Shikai's "Republic of China Constitution", Cao Kun's "constitution of the Republic of China", Jiang Jieshi's "Republic of China Constitution" the period of political tutelage, "constitution of the Republic of China", issued by the Ruijin Central government of the Chinese Soviet of workers' and peasants' democratic "constitution", China people's Political Consultative Conference common program of new the Chinese "". The constitution is "China's first constitution", is wrong; it is "the people's Republic of China Constitution", is be worthy of the name. This is the nature of writing, but important changes, not less.

Another need to modify the place is in the third paragraph third: "all ethnic groups...... Is to preserve or reform their own customs and religious freedom." The problem lies in the "religious beliefs" five words, on behalf of the people present, said reform "religious" can, reform "belief" is wrong, and eighty-eighth had stipulates that "citizens of the people's Republic of China freedom of religious belief". The so-called "freedom of religion", that is: your religious or non religious belief, or you may believe; the religion, and believe that religion; the letter, and can not believe; was not letter, later can also believe. Since the provisions of article eighty-eighth, article third words "reform of the freedom of religious belief," he repeated. This is Tibet the comments made by the representative, said that writing is not good, it seems is not a religion, said "reformed" can also. The history of religious reform for many, such as Catholicism, Christianity, Buddhism, Lamaism reform etc.. I think this opinion is the reason, "and the religious belief" five words out, to "preserve or reform their own folkways and customs". Because there are eighty-eighth, delete the words never mind, lest misunderstanding, lest repeat, or text. Chinese scientists against wrote, "said the reformed faith.". This is a complete copy of the "common program". Visible, "common program" is not also have the disadvantage of. At this point, Liu Shaoji's draft report shall be mentioned in.

When it comes to the possible problems, Mao Zedong pointed out, the constitution is not a seamless heavenly robe, there will always be a disadvantage. "A seamless heavenly Robe", this book is said. "Tianyi" -- I have not seen, but also take not from heaven down to read, I saw the clothes are seamed, for example, I wear this dress is seamed. The Constitution and other laws,, are bound to have a flaw. What I found, can be made to modify, anyway, the National People's Congress once a year, can be modified at any time. Get over it, then don't change. Finally, Mao Zedong said, this is a more complete constitution. The first is the CPC Central Committee to draft, then to Beijing more than 500 senior cadres to discuss, in the country of 8000 people is discussed, then three months of National People's discussion, the National People's Congress, more than 1000 people discuss. The drafting of the constitution should be cautious, every one, every word was a careful scrutiny, but also can not speak is no disadvantage, a seamless heavenly robe.

In September 20, 1954, the first session of the people's Republic of China, the first session of the National People's Congress by secret ballot by the fundamental law of the Republic -- "the constitution of the people's Republic of China". Republic of the first constitution which was born.

This guide:

Republic of China chronicles series:

Initially conceived of the question and the Central Committee of the Communist Party

The new Chinese was founded at the beginning, because does not have the National People's Congress, held the constitution condition, the National People's Congress's authority is the China people's Political Consultative Conference of the act, the CPPCC National Committee first plenary meeting of the "common program", has a temporary function of constitution. By 1952, a large-scale military action nationwide has ended, the land reform was basically completed, the national economic recovery task successfully. In this situation, the CPC Central Committee decided to lead the people to the socialist transition. In September 24, 1952, Mao Zedong put forward from now began to imagine the transition to socialism in the Secretariat of the Central Committee meeting, then discussed for many times.

In determining the transition to socialism. At the same time, held the National People's Congress and the constitution of the CPC Central Committee issues into consideration. In accordance with the provisions of the CPPCC National Committee Organization Law: the Chinese people's Political Consultative Conference Chinese plenary meeting held once every three years. By the end of 1952, a CPPCC is about to expire, and should therefore be held its second meeting as soon as possible, otherwise will be the convening of the first National People's congress. Considering that cannot complete the convening of the National People's Congress has to do in a relatively short period of time to work, the lofty status in the National People's heart and China people's Political Consultative Conference, Central Committee decided to convene the second National Political Consultative Conference in 1953, at a later time to the National People's Congress meeting.

At that time, the Party of the constitution, the Central Committee believes that, in the transition period, the public recognition and abide by the "common program" as the fundamental law of the country can be, because the class relations in transition period has not had the radical change, even if the constitution, I'm afraid most is the repeated "common program" content, won't have big change. Therefore, the central consideration in the transition period can temporarily not the constitution, but continue to "common program" instead of the constitution, and the Chinese people's Political Consultative Conference in after plenary meeting or the National People's Congress on the "common program" be amended. Entered the stage of socialism in our country basically, destroy the bourgeoisie, class relation has fundamentally changed, to develop the socialist constitution.

Three Stalin

Leading the people of the Soviet Union established the socialist system, making the world's first socialist constitution of Stalin, but that China should be held the National People's Congress, the constitution. In 1952 October, Liu Shaoji led the delegation to attend the nineteenth National Congress of the Communist Party of the Soviet union. He commissioned by Mao Zedong, envisaged the Chinese transition to socialism, to seek the views of Stalin, one of the problems is that the CPC Central Committee on the convening of the National People's Congress and the constitution of the assumption. Stalin is in favor of ideas about the transition to socialism, the Communist Party of China put forward at the same time, in order to refute the international hostile forces of the new China attacks and convenient China better carry out construction, China should be held in the National People's Congress and the constitution ahead of time.

He said: "I suggest, you can vote and the Constitution in 1954."

This is the third time Stalin on this issue raises a proposal.

The first is the foundation of the new Chinese eve. In 1949, June to August, with the direct exchange of views, Stalin and the Soviet Union support for the work in the new China the up coming, Liu Shaoji secretly visited the Soviet union. During the talks, Stalin talked about constitutional questions, suggestions Chinese now available "common program", but should be prepared to the constitution.

Liu Shaoji asked: "you said whether the constitution refers to the nature of socialism?"

Stalin shook his head and said: "no, I said that the current constitution."

He then said: "the enemy can be used two statements of publicity to the masses of workers and peasants, against you. One is that you don't vote, the government is not elected; two is the national no constitution. The Chinese people's Political Consultative Conference is not the election, people can say you use the force to control the position, is the self proclaimed; the common programme not representatives of the people through, but by the party put forward, other parties to be agreed. You should take this weapon in enemy hands. I agree with you, the common programme into the fundamental law of the state."

The second suggestion is that at the beginning of 1950. Mao Zedong's first visit to the Soviet Union, Stalin on the construction of the new China raised three suggestions, including second points, is proposed the convening of the National People's Congress and the constitution.

Visible, the suggestion of Stalin, is not a be prompted by a sudden impulse, but after over in one's mind. On this important suggestions to Mao Zedong, Liu Shaoji and the CPC Central Committee made a report. The Central Committee of the Communist party seriously considered and accepted Stalin's advice, make a decision by the end of 1952: the convening of the National People's Congress and the constitution as soon as possible, and in accordance with the provisions of the National Committee of the CPPCC proposals by CPPCC, to the Central People's Government Committee regularly held the National People's Congress recommendations.

In December 24, 1952, the CPPCC Standing Committee held an enlarged meeting of the Communist Party, agreed to China advice, decided to recommend to the Central People's Government Committee of the CPPCC National Committee, according to the provisions of the tenth paragraph of the Central People's government organization act of seventh, preparations for the convening of the National People's Congress and the local people's congresses, the constitution.

In 1953 January, the Central People's Government Committee decided to convene the National People's Congress in 1953, the constitution, and set up to Mao Zedong as chairman, Zhu De 32 people such as members of the people's Republic of China Constitution Drafting Committee, constitutional draft.

The original convening of the National People's Congress, in 1953 the constitution, why later postponed to 1954? One reason is that in 1953, some areas in China were hit by severe natural disasters. To concentrate to overcome the natural disaster, the Central People's Government Committee in September 18, 1953 twenty-eighth meeting, decision of the National People's Congress postponed to 1954 held. In addition, the more important reason is that, at that time to formulate constitution is a constitution for the transition period, if a series of important content of the general line for the transition period is not solved, the Constitution does not establish. In fact, the transition to socialism from 1952 September Mao Zedong, the general line for the transition period has gone through a long time brewing, until 1953 December before finally determined the general route of the whole expression. Therefore, after the problem solving, Mao Zedong immediately focus turned to the drafting of the constitution. In December 24, 1953, the Political Bureau of the CPC Central Committee held an enlarged meeting of Party Central Committee Chairman Mao Zedong, decided to take some time off, this time by Liu Shaoji presided over the work of the CPC Central Committee by Mao Zedong, Mao Zedong to proceed with the drafting of the draft constitution of the people's Republic of china.