Black eyes / four times (the full text of the Constitution in 1954, 1975, 1978, revised in 2004)
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Aaron Lewis
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A: the full text of the constitution of 1954
The constitution of the PRC
(the first meeting in September 20, 1954, the first session of the National People's Congress of the people's Republic of China in September 20, 1954, the first session of the National People's Congress president first meeting group released)
Preface
Chinese people after more than a hundred years of heroic struggle, and finally in the China under the leadership of the Communist Party, won a great victory in the fight against imperialism, feudalism and bureaucrat capitalism and the people's revolution in 1949, thus ending the long oppressed, enslaved history, established the people's democratic dictatorship of the people's Republic of china.The people's democratic system of the people's Republic of China, is also the new democratic system, guarantees our country through peaceful road kill, exploitation and poverty into prosperity, happiness of the socialist society.
From the founding of the people's Republic to a socialist society was built, which is a transition period.Countries in the general task for the transition period is the progressive realization of socialist industrialization of the country, gradually completed on agriculture, handicraft industry and the socialist transformation of capitalist industry and commerce.The people of our country in the past few years have been successfully carried out the reform of the land system, the Korean War, the suppression of counter revolutionaries, restore the national economy of mass struggle, and this is planned economic construction, preparing the necessary conditions of a gradual transition to socialist society.
The first meeting of the people's Republic of China the first session of the National People's Congress, September 20, 1954 in the capital Beijing, solemnly by constitution of people's Republic of china.This constitution is based on the 1949 China people's Political Consultative Conference common programme, is the development of the common programme.The constitution consolidated the new political success, on the economy since the founding of the people's revolution in our results and the founding of the people's Republic, and reflects the basic requirements of the transition period and the vast majority of people in building socialism society's common wish countries.
The Chinese people in the great struggle of the people's Republic of China has been formed to Chinese Communist led the Democratic class, democratic parties, people's organizations and the broad people's Democratic United front.In the future, mobilize and unite the people throughout the country to complete the task state transition period and against domestic and foreign enemies to fight, the people's democratic united front in China will continue to play its role.
All ethnic groups in China have been united as a free and equal national family.Based on developing ethnic camaraderie, anti imperialism, anti ethnic internal enemies of the people, against the big nationalism and local nationalism, China will continue to strengthen national unity.Country to take care of the needs of all ethnic groups in the process of economic construction and cultural construction, and give full attention to characteristics of each national development on the issue of socialist transformation.
China and the alliance, the great Soviet Socialist Republic and the people's democracies have established be too strong to break the friendship, the Chinese people with the peace loving people all over the world is to promote friendship, this friendship will continue to develop and consolidate.Our country on the basis of equality, mutual benefit, mutual respect for sovereignty and territorial integrity principle with all the countries in the establishment and development of foreign relations policy, have achieved, the future will continue to carry out the.In international affairs, China's policy is not to move or retreat for the lofty goal of world peace and human progress and efforts.
The first chapter outline
The people's Republic of China is the people's democratic countries, led by the working class and based on the worker peasant alliance.
All power in the second people's Republic of China belongs to the people.The National People's Congress and the local people's congresses at various levels are the organs exercise power for the people.
The National People's Congress, the local people's congresses and other state organs, shall practice democratic centralism.
Article third the people's Republic of China is a unitary multinational state.
The equality of all nationalities.Prohibition of discrimination and oppression of any nationality, prohibits the destruction of the ethnic solidarity.
All ethnic groups have the use and develop their own spoken and written languages are free, to preserve or reform their own folkways and customs.
Regional autonomy is practiced in areas where people of minority nationalities.All national autonomous areas are the people's Republic of China can not be separated parts.
Article fourth the people's Republic of China on state organs and social forces, the socialist industrialization and socialist transformation, guarantee to gradually eliminate the system of exploitation, the establishment of a socialist society.
Article fifth the people's Republic of China, the ownership of the means of production is now mainly have the following kinds of; national system of ownership, namely the ownership by the whole people; cooperative ownership, namely collective ownership by the working people; individual laborer ownership of capitalist ownership.
Article sixth the state economy is the socialist economy under ownership by the whole people, is the material foundation of the national economy's leadership and the country to achieve socialist transformation.The state guarantees to give priority to the development of state economy.
Mineral, water, by law for state-owned forests, land and other resources, are all belong to the whole people.
Article seventh cooperative economy is socialist economy under collective ownership by the working people, or half the working masses part of socialist economy of collective ownership.The working masses of collective ownership is a transitional form handicraft individual organization of individual farmers, and other individual workers to collective ownership by the working people.
The state protects the cooperative property, encourage, guide and help the development of cooperative economy, and to develop production cooperation as the main road reconstruction of individual agriculture and individual handicraft.
Article eighth country in accordance with the law to protect farmers' land ownership and ownership of the means of production.
National guidance and assistance to individual farmers to increase production, and encourage them to organize production according to the principle of voluntary cooperation of supply and marketing cooperative and credit cooperation.
Countries to limit and gradually eliminate kulak economy policy.
Article ninth country in accordance with the law to protect the handicraft industry and other non-agricultural individual laborer ownership of the means of production.
National guidance and help the individual handicraftsman and other non - agricultural individual workers to improve the management, and encourage them to organize production according to the principle of voluntary cooperation and supply and marketing cooperative.
Article tenth in accordance with the law to protect national capitalist ownership of the means of production and other capital ownership.
Countries to take advantage of, restriction and transformation of the policy of capitalist industry and commerce.Through the supervision and administrative organs of the state management, leadership of state economy and the masses of workers, the capitalist industry and Commerce has a positive effect to the beneficial to the people's livelihood, restrictions are not conducive to the negative effects are beneficial to the people's livelihood, encourage and guide them into various forms of state capitalism economy, gradually to replace the capitalist system of ownership of the whole people ownership.
The State prohibits the capitalists to harm the public interest, disrupt social and economic order, undermine all the illegal behavior of national economic plan.
Article eleventh country to protect the ownership of citizen's legitimate income, savings, houses and all kinds of life data.
Article twelfth country to protect the private property of citizens legal right of inheritance.
Article thirteenth country to the need of public interest, in accordance with the law of the conditions, the purchase, requisitioned or nationalization of rural land and other production data.
Article fourteenth country to prohibit any person to use private property damage public interests.
Development and reform guiding national economy fifteenth national economic plan, the productivity is increasing, in order to improve the material and cultural life of the people, the consolidation of national independence and security.
Article sixteenth labor is glorious things of the people's Republic of China of every able-bodied citizen.The State encourages citizens in the labor enthusiasm and creativity.
Article seventeenth all state organs must rely on the masses of the people, keep in close touch with the masses, listen to the opinions of the masses, accept the supervision of the masses.
Article eighteenth the staff all state organs must be loyal to the people's democratic system, subject to the Constitution and the law, to serve the people.
Safeguarding the people's democratic system, nineteenth of the people's Republic of China, to suppress all treason and counter revolutionary activities, the punishment of all traitors and counter revolutionaries.
The country according to law in a certain period of feudal landlords and bureaucrat capitalists deprived of political rights, simultaneously gives the way of life, so that they in the labor reform become support oneself citizens.
Article twentieth the people's Republic of China belong to the people, it is the task of safeguarding the people's revolution and national construction achievements, and defending state sovereignty, territorial integrity and security.
The second chapter of national institutions
The first section of the National People's Congress
The twenty-first National People's Congress of the people's Republic of China is the highest organ of state power.
The twenty-second National People's Congress is the only authority to exercise the legislative power of the state.
The twenty-third National People's Congress is composed of the province, autonomous region, or municipality directly under the central government, the army and the elected representatives of overseas chinese.
The National People's Congress delegates and representatives of the ethnic minorities, including the number and selection methods, shall be prescribed by the electoral law.
Each term of the twenty-fourth National People's Congress four years.
The National People's Congress two months before the expiration of the term of office of the Standing Committee of the National People's Congress, must be the deputy to the National People's Congress election.If extraordinary circumstances prevent such an election, the National People's Congress may extend the term to the National People's Congress held its first meeting
The twenty-fifth National People's Congress meets in session once a year, convened by the Standing Committee of the National People's congress.If the Standing Committee of the National People's Congress deems it necessary, or 1/5 representatives proposed, may be convened sessions of the National People's congress.
When the twenty-sixth National People's Congress meeting, elect the presidium.
The twenty-seventh National People's Congress shall exercise the following powers:
(a) to amend the constitution;
(two) law;
(three) supervise the enforcement of the constitution;
(four) the chairman, vice chairman of the election of the people's Republic of china;
(five) according to the president of the people's Republic of nomination, decision of the State Council prime minister, according to the nomination by the premier, determine the members of the State Council;
(six) according to the president of the people's Republic of nomination, decided to vice chairman of the National Defence Commission and members;
(seven) to elect the president of the Supreme People's court;
(eight) election of the Supreme People's procuratorate;
(nine) determines the national economic plan;
(ten) to examine and approve the state budget and final accounts;
(ten) divided the approval of the provincial, autonomous region and municipality directly under the central government;
(twelve) decided to amnesty;
(thirteen) decide on questions of war and peace;
(fourteen) the National People's Congress believes that other powers shall be exercised it.
The twenty-eighth National People's Congress has the power to recall the following personnel:
(a) vice president of the people's Republic of China, chairman of;
(two) the premier, vice premiers, ministers, the Commission, the Secretary general;
(three) vice chairman of the National Defence Commission and member;
(four) the president of the Supreme People's court;
(five) the Supreme People's procuratorate.
The twenty-ninth amendment to the Constitution adopted by the National People's Congress by a majority of all representatives of 2/3.
Laws and resolutions by the National People's Congress and a majority vote of all the deputies.
The Standing Committee of the thirtieth National People's Congress is the organ of the Standing Committee of National People's congress.
The Standing Committee of the National People's Congress by the National People's Congress elected the following officers,
The chairman,
Vice chairman of a number of people,
General secretary.
A number of members.
The Standing Committee of the thirty-first National People's Congress shall exercise the following powers:
(a) presided over the National People's Congress election;
(two) convened sessions of the National People's congress,
(three) interpretation of the law;
(four) the development of laws;
(five) the supervision of the State Council, the Supreme People's court and the Supreme People's Procuratorate work;
(six) the revocation of the State Council, laws and decrees in conflict resolution and command;
(seven) to change or revoke the province, autonomous region or municipality directly under the central government organs of state power, the inappropriate resolutions;
(eight) when the National People's Congress is decided, vice premier of the State Council, the minister, the Commission, the Secretary General of the appointment and removal of individual;
(nine) the appointment and removal of members of the Supreme People's court vice president, judges and the judicial committee;
(ten) the appointment and removal of the Supreme People's Procuratorate deputy chief procurators, procurators and member of the procuratorial committee;
(eleven) determine the appointment and removal of plenipotentiary representatives abroad;
(twelve) determine the treaties and abrogation;
(thirteen) the provisions rank military and diplomatic personnel and of other specific rank;
(fourteen) provisions and decisions confers state medals and titles of honor;
(fifteen) decided to pardon;
(sixteen) when the National People's Congress is, if an armed attack on the country or in fulfilment of international treaty to prevent aggression treaty, decided to declare a state of war;
(seventeen) decides on general or partial mobilization;
(eighteen) the martial law throughout the country or in parts of the decision;
(nineteen) other functions and powers as the National People's Congress granted.
The Standing Committee of the thirty-second National People's Congress shall exercise its functions and powers to the National People's Congress and the standing committees.
The Standing Committee of the thirty-third National People's Congress responsible and report on its work to the National People's congress.
Members of the National People's Congress of deputies to the National People's Congress Standing committee.
The thirty-fourth National People's Congress shall establish a Nationalities Committee, Law Committee, the budget committee, set up representative qualification review committee and other committees.
The National Committee and the act of commission, when the National People's Congress is, by the Standing Committee of the National People's Congress leadership.
The thirty-fifth National People's Congress thinks when necessary, the Standing Committee of the National People's Congress meeting during the National People's Congress when it deems it necessary, may appoint committees of inquiry into specific questions.
Commission of inquiry when, all the relevant state organs.People's organizations and citizens shall have the obligation to provide the necessary materials to it.
The thirty-sixth National People's Congress has the right to question to the State Council or the various ministries, the Commission proposed, by questioning authority must be responsible to answer.
The thirty-seventh National People's Congress, not by the National People's Congress is not in session, permission license, the Standing Committee of the National People's Congress of the National People's Congress, shall not be liable to arrest or trial.
The thirty-eighth National People's Congress are subject to supervision by the units which elected.The electoral units have the right to procedures prescribed by law, on behalf of the units selected at any time.
Chairman of the second day of the people's Republic of China
The thirty-ninth president of the people's Republic of China by the National People's Congress.Have the right to vote and to be elected to the age of thirty-five years of the people's Republic of China citizen can be elected as the president of the people's Republic of china.
The term of office of the chairman of the people's Republic of four years.
Article fortieth the people's Republic of China according to the chairman of the Standing Committee of the National People's Congress and the decision of the National People's Congress's decision, announced the appointment and removal of laws and decrees, premier of the State Council, the deputy prime minister, ministers, the committee director, secretary general, vice president, the appointment and removal of the National Defense Commission, confers state medals and titles of honor, release pardon and amnesty, proclaim the order of martial law, to declare a state of war, issues mobilization orders.
Article forty-first the chairman of the people's Republic of China on behalf of the people's Republic of China, receiving foreign envoys; according to the Standing Committee of the National People's Congress decision, appoints and recalls plenipotentiary representatives abroad, approval of treaties.
Article forty-second the people's Republic of China, chairman of the national command of the armed forces, served as chairman of the national defense commission.
The forty-third president of the people's Republic of China held the highest state conference when necessary, and served as the chairman of the Supreme Council of state.
The highest state conference attended by the vice president of the people's Republic of China, chairman of the Standing Committee of the National People's Congress, Premier and other relevant personnel.
Highest state conference for major national affairs, by the president of the people's Republic of China submitted to the National People's Congress, the Standing Committee of the National People's Congress, the State Council and other relevant departments to discuss and make decisions.
The forty-fourth vice president of the people's Republic of China assists the president in his work.Commissioned by the vice - President of the functions and powers of the acting chairman, can.
Vice president of the people's Republic of China shall apply to the election and term, article thirty-ninth of the constitution of the people's Republic of China on the president election and term of office of the.
The forty-fifth president of the people's Republic of China, vice chairman shall exercise its functions and powers to the National People's Congress elected vice president under President, took office.
Article forty-sixth the people's Republic of China President for health long term can not work, the vice president on behalf of the powers and duties of the president.
When the people's Republic of China president, the vice president succeeds to the office.
Section third of the State Council
Article forty-seventh the State Council of the people's Republic of China, or the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration.
Article forty-eighth the State Council is composed of the following:
Prime minister,
Deputy Prime Minister of,
The minister,
The Committee director,
General secretary.
The relevant provisions of the state council.
Article forty-ninth the State Council shall exercise the following powers:
(a) in accordance with the constitution, laws and decrees, the provisions of administrative measures, issue decisions and orders, implementation and review these decisions and orders;
(two) introduced a bill to the Standing Committee of the National People's Congress or the National People's congress;
(three) the unified leadership of the work of the ministries and commissions;
(four) the unified leadership over the work of local organs of State Administration at different levels;
(five) the orders and instructions do not change or revoke the ministers, the director of the commission;
(six) to change or revoke the local organs of State Administration at all levels of inappropriate decisions and orders of the;
(seven) the execution plan of national economy and the state budget;
(eight) the management of foreign trade and domestic trade;
(nine) the management culture, education and health work;
(ten) the management of national affairs;
(eleven) the management of overseas Chinese affairs;
(twelve) to protect the interests of the state, the maintenance of public order, the protection of civil rights;
(thirteen) the management of foreign affairs;
(fourteen) the construction of leading armed forces;
(fifteen) approved the Autonomous Prefecture, county, Autonomous County, city, division of;
(sixteen) in accordance with the provisions of laws or administrative personnel;
(seventeen) the other powers granted by the Standing Committee of the National People's Congress and the National People's congress.
Article fiftieth the premier directs the work of the State Council, presided over the State Council meeting.
The vice premiers assist the premier in his work.
Director of fifty-first ministers and committees responsible for the management of the Department's work.Chief ministers and committees within the limits of its authority, in accordance with the laws, decrees and the resolution of the State Council, command, can issue orders and instructions.
Article fifty-second the State Council is responsible and report on its work to the National People's Congress; when the National People's Congress is, to the Standing Committee of the National People's Congress shall be responsible and report.
The fourth section of local people's congresses and local people's committees at various levels
The following administrative division of the fifty-third people's Republic of china:
(a) the country is divided into provinces, autonomous regions, municipalities directly under the central government;
(two) province, autonomous regions are divided into autonomous prefecture, county, Autonomous County, city;
(three) counties, autonomous counties are divided into townships, nationality townships, the town.
Municipalities directly under the central government and other large cities are divided into districts.Autonomous prefectures are divided into counties, Autonomous County, city,
Autonomous regions, autonomous prefectures and autonomous counties, are national autonomous areas.
Article fifty-fourth provinces, municipalities, county, city, city, District, township, nationality township, town set up people's Congress and the people's committee.
Organs of self-government are established in 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.
Fifty-fifth local people's congresses at various levels are the local organs of state power.
The people's Congress fifty-sixth Province, municipalities directly under the central government, county, located in the city district represented by the people's Congress at the next lower level elections; city not divided into districts, municipal districts, townships, nationality townships, the town people's Congress representatives directly elected by voters.
A local people's Congress delegates and representatives shall be prescribed by the electoral law.
Each term of the fifty-seventh Provincial People's Congress four years.Municipalities, county, city, city area, township, nationality township, Town People's Congress is elected for a term of two years.
Fifty-eighth local people's congresses at various levels in the administrative area, the guarantee law, legal compliance and enforcement, planning and local economic construction, cultural construction and public utilities, the examination and approval of local budget and final accounts, insurance, public property, the maintenance of public order, the protection of civil rights, to safeguard the equal rights of minority nationalities.
Members of the fifty-ninth local people's congresses elect and have the power to recall the people's committee.
The people's Congress at or above the county level shall have the right to recall the president elect and the people's court at the same level.
Sixtieth local people's congresses at various levels in accordance with the law of the jurisdiction through and issue resolution.
The people's congresses of nationality townships as prescribed by law, to take specific measures suited to the characteristics of the nationalities.
Local people's congresses at various levels have the power to alter or annul the people's Committee of inappropriate decisions and orders of the.
The people's Congress at or above the county level shall have the power to alter or annul the next level.The people's Congress inappropriate resolutions of the people's Committee and the next level of inappropriate decisions and orders of the.
Article sixty-first provinces, municipalities, county people's Congress, the city divided into districts represent the supervision by the units which elected, people's Congress city not divided into districts, municipal districts, townships, nationality townships, towns represent the supervision by the constituency.The electoral units and voters to local people's congresses at various levels have the right in accordance with the procedures prescribed by law, to replace their deputies.
Article sixty-second the local people's committees, namely, the local people's governments at all levels, is the executive organs of the local people's congresses at various levels, is the administrative organ local state.
Article sixty-third the local people's committees were composed of the governor, mayor, county, District, township, the mayor of the one, vice governor, vice mayor, vice mayor, deputy mayor, deputy mayor, deputy mayor of the number of members of each of the several people.
The local people's committees at all levels of each term of office of the people's congresses at the same.
The local people's committees at all levels of the organization by law.
Article sixty-fourth the local people's Committee in accordance with the provisions of the law of the administrative authority of regional administrative work.
The local people's committees at all levels to implement the resolutions of the people's Congress and the state administrative organs of the decisions and orders.
The local people's committees at various levels in accordance with the law of the rights issue decisions and orders.
Article sixty-fifth or above the county level people's Committee of the leadership of their subordinate departments and the people's Committee of the work of subordinates in accordance with the law, the appointment and removal of functionaries of state organs.
At or above the county level shall have the right to stop the people's Committee of people's Congress at the next lower level inappropriate implementation of decisions, orders and instructions inadequate reserves the right to change or cancellation of its subordinate departments and the lower level people's Committee of inappropriate decisions and orders of the.
Article sixty-sixth the local people's committees of people's congresses at the corresponding levels and the level of the state administrative organs shall be responsible and report.
People's Committee local all of the various levels throughout the country are state administrative organs under the unified leadership of the State Council, obey.
The organs of self-government of the national autonomous areas Fifth Festival
The organs of self-government of the sixty-seventh autonomous regions, autonomous prefectures and autonomous counties, the organization shall, according to the basic principle of constitution of second section of the fourth chapter of the local state organs organization.The organs of self-government of the form can be in accordance with the provisions of the implementation of regional autonomy of ethnic majority of the will of the people.
The organs of self-government of sixty-eighth autonomy in ethnic autonomous regions, prefectures, Autonomous County, on behalf of the nationalities are entitled to appropriate.
Local organs of state organs of self-government in sixty-ninth autonomous regions, autonomous prefectures and autonomous counties, the exercise of chapter second section fourth authority.
The organs of self-government of the seventieth autonomous regions, autonomous prefectures and autonomous counties, in accordance with the provisions of the Constitution and the law authority to exercise the power of autonomy.
The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties, in accordance with the legal provisions of the local authority finance.
The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties, in accordance with the military system of the state organization of local public security forces.
The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties, can be in accordance with the characteristics of local political, economic and cultural, to formulate autonomous regulations and separate regulations, approved by the Standing Committee of the National People's Congress shall be submitted to the.
The seventy-first autonomous regions, autonomous prefectures and autonomous counties, autonomous organs in performing their functions, the use of local national common one or several languages.
Article seventy-second the state organs at higher levels shall be the organs of self-government of full protection of the autonomous regions, autonomous prefectures and autonomous counties, the exercise of the right of autonomy, and assistance to the minority nationalities to the development of political, economic and cultural undertakings.
In section sixth, the people's court and the people's Procuratorate
The Supreme People's court, the seventy-third people's Republic of the local people's courts at various levels and of the special people's courts to exercise jurisdiction.
The seventy-fourth president of the Supreme People's court and the local people's courts at all levels, a term of four years.
The organization of people's courts shall be prescribed by law.
The seventy-fifth people's court in accordance with the law to implement the people's jury system.
Article seventy-sixth the people's court cases, especially cases in addition to the provisions of law, shall be heard in public.The accused has the right to defense.
Article seventy-seventh citizens of all nationalities have the national language of litigation rights.The people's court for does not understand local language of the parties, should be translated for them.
In minority nationality or nationalities live together in one area, the people's court shall proceed to trial in the local language, commonly used in the locality issue judgments, notices and other documents of the text.
Article Seventy-eighth the people's court for judicial independence, only obey the law.
Article seventy-ninth the Supreme People's court is the highest judicial organ.
The Supreme People's court supervision of local people's courts at various levels and of the special people's court, the superior people's court for trial supervision work of the lower court.
Eightieth the Supreme People's court shall be responsible and report on its work to the National People's Congress; when the National People's Congress is, to the Standing Committee of the National People's Congress shall be responsible and report.The local people's courts at various levels are responsible and report on its work to the people's congresses at the corresponding levels.
Article eighty-first the people's Republic of China, the Supreme People's Procuratorate for that all departments under the State Council, the local state organs at all levels, the staff of state organs and citizens to abide by the law, the exercise of prosecutorial power.The local people's procuratorates at different levels and of the special people's procuratorates, exercise procuratorial authority according to law.
The local people's procuratorates at different levels and of the special people's procuratorates at the higher people's Procuratorate under the leadership of the Supreme People's Procuratorate, and shall be under the unified leadership, work.
Long term eighty-second of the Supreme People's Procuratorate four years.
The organization of people's procuratorates is prescribed by law.
Article eighty-third the local people's procuratorates exercise the functions and powers of independent, not by local organs of state interference.
Eighty-fourth the Supreme People's Procuratorate shall be responsible and report on its work to the National People's Congress; when the National People's Congress is, to the Standing Committee of the National People's Congress shall be responsible and report.
The third chapter the basic rights and obligations of citizens
The eighty-fifth PRC citizens shall be equal before the law.
The eighty-sixth PRC citizens over eighteen years of age, regardless of nationality, race, sex, occupation, social origin, religious belief, education, property status or length of residence, have the right to vote and to be elected.But with the exception of mental illness and in accordance with the law to be deprived of the right to vote and to be elected.
Women have equal rights to vote and stand for election.
Article eighty-seventh the people's Republic of China citizens enjoy freedom of speech, press, assembly, association, parade, demonstration of freedom.To facilitate national supply necessary material, to ensure that citizens enjoy the freedom.
The eighty-eighth PRC citizens have the freedom of religious belief.
The eighty-ninth PRC citizens enjoy freedom.Any citizen, not by decision of a people's court or the people's Procuratorate approved the arrest, without.
Article ninetieth citizens of the people's Republic of the inviolability of the residence, communication privacy.
Citizens of the people's Republic of China have the freedom to live and migrate.
The ninety-first PRC citizens have the right to labor.Countries through the development of the national economy in a planned, step by step to expand employment, improve working conditions and wages, in order to guarantee the citizens to enjoy this right.
The ninety-second PRC workers have the right to rest.Workers and staff of the working time and vacation system regulations of the state, the gradual expansion of the rest and recuperation of the material conditions, to ensure that workers enjoy the rights of.
When ninety-third people's Republic of workers in the old, ill or disabled, have the right to material assistance.The country holds social insurance, social relief and public health undertakings, and gradually expand the facilities, to ensure that workers enjoy the rights of.
Ninety-fourth of the people's Republic of China has the right to education.The state set up and gradually expand the various schools and other cultural and educational institutions, to ensure that the citizens to enjoy this right.
The development of national special care youth physical and mental.
Article ninety-fifth the people's Republic of China guarantee citizens in scientific research, literary and artistic creation and other cultural activities.Countries engaged in science, education, literature, art and other cultural institutions citizens of creative work, give encouragement and help.
The ninety-sixth people's Republic of women in political, economic, cultural, social and family life, enjoy equal rights with men.
Marriage, family, mother and child are protected by the state.
Ninety-seventh of the people's Republic of China for the personnel of state organs any illegal, have put forward written or verbal accusation against the right to state organs at all levels.Due to the personnel of state organs civil rights violations and damage to the people, have the right to compensation.
The legitimate rights and interests of ninety-eighth of the people's Republic of China to protect overseas Chinese.
Article ninety-ninth the people's Republic of China for any due to support of justice, to participate in the peace movement, foreigners are scientific work being persecuted, given the right of abode.
The 100th PRC citizens must abide by the Constitution and the law, to comply with labor discipline, observe public order, respect social ethics.
Article 101st the people's Republic of China public property is sacred and inviolate.It is the obligation of every citizen to protect and defend the public property.
The 102nd PRC citizens to pay taxes in accordance with legal obligations.
The people's Republic of China is the sacred duty of every citizen of 103rd to defend the motherland.
Military service in accordance with the law is the glorious duty of citizens of the people's Republic of china.
The fourth chapter flag, national emblem, the capital
The national flag 104th people's Republic of China is a red flag with five stars.
Article 105th the people's Republic of China national emblem, the middle is the Tiananmen star shining, is around the ears and gear.
Article 106th the people's Republic of China is the capital of Beijing.
Department: the National People's Congress release date: 09 1954 20 August 09 1954 implementation date: 20 March (the regulations)
In 1975 two: the full text of the Constitution
The full text of the constitution of 75 years
Note: overhaul and in January 17, 1975 promulgated the constitution, the cultural revolution is sent that continue to revolutionary retreat and capitalist roader most back in Chairman Mao put forward the stability and unity of the historical background of compromise of a constitution.Someone put the Constitution called the "Cultural Revolution" of the constitution, because of its special emphasis on class struggle, under the dictatorship of the proletariat revolution, all system defined production is mainly the national ownership and collective ownership in the form of two, and the unified leadership of the party is obviously capitalist roader victory, so called the "Cultural Revolution" of the constitution is not completely correct.While in the right of citizen's person, the provisions of the constitution is more a lot of regret: for example, it deleted the principle of equality before the law stipulated in the constitution of 1954 (eighty-fifth), the right to request the state compensation (ninety-seventh), the right of inheritance (twelfth), the freedom to live and migrate (second paragraph ninetieth); at the same time, the "Cultural Revolution" of the Constitution Constitution in 1954 added many no terms, such as citizens shall have the duty to support the leadership of the CPC, have the freedom to propagate atheism, have the freedom to strike and application of "Da Ming, large posters, debate, right" etc..The Great Socialist People's constitution is the biggest bright spot, people have the freedom to strike and application of "Da Ming, on the great debate, posters, right", which is the great achievement of Chairman Mao and the cultural revolution many advocate!
Preface The first chapter outline The second chapter of national institutions The first section of the National People's Congress Section second of the State Council Third section of local people's congresses and local Revolutionary Committee The organs of self-government of the national autonomous areas fourth Festival In section fifth, judicial organs and procuratorial organs The third chapter the basic rights and obligations of citizens The fourth chapter flag, national emblem, the capital
Preface
The establishment of the people's Republic, marking the Chinese people after more than a hundred years of heroic struggle, and finally in the China under the leadership of the Communist Party, with the people's revolutionary war to overthrow imperialism, feudalism and bureaucratic capitalism., achieved a great victory in the new democratic revolution, the beginning of a new historical stage of socialist revolution and the dictatorship of the proletariat. For more than 20 years, the people of all our ethnic groups in advance on the China, under the leadership of the Communist Party, achieved a great victory for the socialist revolution and socialist construction, achieved a great victory in the Great Proletarian Cultural Revolution, to consolidate and strengthen the dictatorship of the proletariat.
socialist society is a quite long history.In this stage, there is always a class, class contradiction and class struggle of socialism and capitalism, there is a struggle between the two roads, there is the danger of capitalist restoration, there are imperialism, Social Imperialism subversion and the threat of aggression.These contradictions, the theory and the practice can only rely on continuing the revolution under the dictatorship of the proletariat to solve. We must adhere to the China Communist Party's basic line throughout the historical period of socialism and policy, adhere to the revolution under the dictatorship of the proletariat, make our motherland forever along the Marx doctrine, the Lenin doctrine, Mao Zedong thought guide path. We should consolidate the worker
class led by the alliance of workers and peasants as the basis of the great unity of the Chinese people, the development of the revolutionary united.To correct the internal differences and contradictions between ourselves and the enemy and the contradictions among the people.To continue to carry out the class struggle, the struggle for production and scientific experiment three revolution, stand on one's own, rely through one's own efforts, work hard and perseveringly, diligence and thrift, go all out, aim high, better and more economical to build socialism, prepare, prepare against natural disasters, for the people. In international affairs, we should adhere to the principle of proletarian internationalism.Chinese will never be a super power.We're with the socialist countries, with all the oppressed people and nations to strengthen solidarity, support each other; on the basis of mutual respect for sovereignty and territorial integrity, mutual non aggression, non-interference in each other's internal affairs, equality and mutual benefit, on the five principles of peaceful coexistence, for countries with different social systems coexist peacefully, against imperialist aggression, social imperialist policy of war and, opposing superpower hegemony. I have great confidence in the Chinese people, under the leadership of the Communist Party China, defeat enemies at home and abroad, overcome all difficulties, to build China into a powerful socialist state of proletarian dictatorship, to make greater contributions to human. The people of all ethnic groups to unite, to strive for greater victory!
The first chapter outline
The people's Republic of China is led by the working class and based on the worker peasant alliance of the dictatorship of the proletariat socialist countries. Second China Communist Party is the core of leadership of the people throughout the China.The working class through their own vanguard China Communist Party leadership over the state. The Marx doctrine, Lenin doctrine, Mao Zedong Thought is the theoretical basis of our guiding ideology. All power in the third people's Republic of China belongs to the people.The people exercise the power of agency, is the people's congresses of workers and peasants as the main body to represent. The people's congresses and other state organs, shall practice democratic centralism. People's congresses at various levels, be elected after Democratic consultation.The electoral units and constituencies, have the right to supervise and in accordance with the provisions of law to replace their deputies. Article fourth the people's Republic of China is a unitary multinational state.The implementation of regional national autonomy, is the people's Republic of China can not be separated parts. The equality of all nationalities.Against the big nationalism. All ethnic groups have the use of their own languages freely. There are two main types of the Fifth People's Republic of China at the present stage of the ownership of the means of production: the socialist public ownership and the socialist collective ownership by the working people. The state allows non agriculture of individual workers in urban streets, the organization of rural people's commune arrange production team, engaged in within the scope permitted by law, do not exploit the individual labor.At the same time, we should guide them gradually embarked on the socialist road of collectivization. Article sixth the state-owned economy is the leading force in the national economy. Mineral, water, state-owned forest, land and other resources, are all belong to the whole people. The state can be in accordance with the law of the conditions, the purchase, requisitioned or nationalization of rural land and other production data. Seventh rural people's communes is political and social unity organization. Rural people's communes at the present stage of economy of collective system of ownership, the general practice of all three, team based, namely the production team as the basic accounting unit of the commune, the production brigade and the production teams all three. The development of people's commune of collective economy and occupies the absolute superiority condition, people's commune members can operate a small number of plots and household sideline production, pastoral club members can have a small amount of privately owned livestock. Article eighth socialist public property shall not be infringed.The state ensures the consolidation and development of socialist economy, to prohibit any person by any means, disrupt the socialist economy and the public interest. Article ninth country to implement the "that will not work shall not eat", "let each person do his best, distribution according to work" socialist principles. The state protects the right of citizens of labor income, savings, houses and all kinds of life data. Article tenth country to grasp revolution, promote production, promote the work, promote preparedness guidelines, based on agriculture, industry as the leading factor, give full play to the two central and local initiative, promoting the socialist economy in a planned and proportionate development, based on the social production continued to improve, and gradually improve the people's material life and cultural life, the consolidation of national independence and security. Article eleventh country offices and staff, must seriously study the Marx doctrine, the Lenin doctrine, Mao Zedong thought, adhere to the proletarian politics, opposing bureaucracy, in close contact with the masses, put one's heart and soul into serving the people.Cadres at all levels must participate in the collective productive labor. State organs must carry out the principle.Leadership of it, must be old, young three binding.
twelfth the proletariat must in the superstructure including various cultural class to implement a comprehensive field of assets.Cultural education, arts, sports and health, scientific research must serve proletarian politics, service for the workers, combined with production and labor.
thirteenth big Ming, large, debating, posters, new is created by the masses of the socialist revolution.The state security of the people use this form, resulting in a both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind, be lively and vivid political situation, in order to consolidate the leadership of the Communist Party of China on countries, consolidate the dictatorship of the proletariat. Article fourteenth country to safeguard the socialist system, to suppress all treason and counter revolutionary activities, the punishment of all traitors and counter revolutionaries. The country according to law in a certain period of time, the rich peasants, deprive landlords reactionary capitalists and other bad elements of political rights, simultaneously gives the way of life, so that they in the labor into law-abiding citizens support oneself. Fifteenth China people's Liberation Army and the militia is Chinese Communist army of workers and peasants, the people of all ethnic groups of the armed forces. Chinese Communist Party Central Committee Chairman of the national command of the armed forces. Chinese the people's Liberation Army is always a combat team, is also the work team, and production team. The armed forces of the people's Republic of task, is to defend the socialist revolution and socialist construction achievements, and defending state sovereignty, territorial integrity and security, defense against imperialism, Social Imperialism and its lackeys subversion and aggression.
The second chapter of national institutions
The first section of the National People's Congress
The Sixteenth National People's Congress is in China under the leadership of the Communist Party of the highest organ of state power. Deputies to the National People's Congress elected by the provinces, autonomous regions, municipalities directly under the central government and the people's Liberation Army.When necessary, can be invited some patriots in. Each term of office of the National People's Congress five years.Under special circumstances, the term may be extended. The National People's Congress meets in session once a year.When necessary, we can advance or delay. The Seventeenth National People's Congress authority is: to amend the constitution, laws, according to the Central Committee of the Communist Party of China proposal to appoint and remove the premier of the State Council and members of the national economic plan, approved, the national budget and final accounts, as well as the National People's Congress shall be made by the other powers that it exercised. The Standing Committee of the eighteenth National People's Congress is the organ of the Standing Committee of National People's congress.Its mandate is: convened sessions of the National People's Congress, interpretation of law, formulate laws, appoints and recalls plenipotentiary representatives abroad, receiving foreign envoys, ratifies and abrogates treaties, and other functions and powers of the National People's Congress granted. The National People's Congress Standing Committee by the chairman, vice chairman of several people, some members, by the election or recall of the National People's congress.
Section second of the State Council
Article nineteenth the State Council is the Central People's government.The State Council to the National People's Congress and its Standing Committee shall be responsible and report. The State Council is composed of the premier, Vice Prime Minister of certain people, ministers, the composition of the committee director and other personnel. Article twentieth the State Council authority is: according to the constitution, laws and decrees, the provisions of administrative measures, issue decisions and orders; unified leadership ministries, committees and the local state organs at all levels of the work; the formulation and implementation of the national economic plan and the state budget; management of government administrative affairs; other powers granted by the National People's Congress and it the standing committee. Third section of local people's congresses and local Revolutionary Committee Twenty-first local people's congresses at various levels are the local organs of state power. The term of office of province, municipality directly under the central government of the people's congresses of five years.Each term of office area, city, county people's Congress three years.Rural people's communes, the town people's Congress is elected for a term of two years. Article twenty-second the local Revolutionary Committee is a permanent organ of the local people's congresses at all levels, and at the same time, local people's governments at various levels. Local revolutionary committees at various levels by the director, deputy director of a number of people, composed of several members, by the election or recall of people's congresses at the corresponding levels, and report to the superior state organs for examination and approval. Local revolutionary committees at all levels of people's congresses at the corresponding levels and the level of the state organs shall be responsible and report their work. Twenty-third local people's congresses at various levels and the local revolutionary committees at various levels in the local area, the guarantee law, law enforcement, the local leadership of the socialist revolution and socialist construction, the examination and approval of local national economic plan and budget, must be, to maintain revolutionary order, guarantee the rights of citizens. The organs of self-government of the national autonomous areas fourth Festival The twenty-fourth autonomous regions, autonomous prefectures and autonomous counties, are national autonomous areas, the organs of self-government of it is the people's Congress and the revolutionary committee. The organs of self-government of local state organs exercise in chapter second section third of the power of the national autonomous areas, can exercise the power of autonomy in accordance with the law of the jurisdiction. All state organs at higher levels shall be the organs of self-government of the national autonomous areas to fully guarantee the exercise of the right of autonomy, the active support of the minority of the socialist revolution and socialist construction. In section fifth, judicial organs and procuratorial organs Article twenty-fifth the Supreme People's court, the local people's courts at various levels and of the special people's courts to exercise jurisdiction.The people's courts at various levels are responsible and report on its work to the people's congresses at the corresponding levels and its permanent body.The people's courts at all levels of the people's congresses at the corresponding levels of the permanent organ of the appointment and removal of. Procuratorial organs and the authority exercised by the public security organs at all levels. The prosecution and trial of cases, must carry out the mass line.The counter revolutionary criminal cases significant, to mobilize the masses to discuss and critique. The third chapter the basic rights and obligations of citizens Fundamental rights and duties of twenty-sixth citizens is Chinese, support the leadership of the Communist Party, support the socialist system, to obey the Constitution and the law of the people's Republic of china. Resist aggression, defend the motherland, is the sacred duty of every citizen.Military service in accordance with the law is the glorious duty of citizen. Article twenty-seventh citizens over eighteen years of age, have the right to vote and to be elected.Except in accordance with the law be deprived of the right to vote and be elected. Citizens have the right to work, has the right to education.Labourers shall have the right to rest, when old, ill or disabled, have the right to material assistance. Citizens for national office working personnel of any illegal, have put forward written or verbal accusation against the right to state organs at all levels, no one may create difficulties, obstacles and take revenge. In the aspect of women enjoy equal rights with men. Marriage, family, mother and child are protected by the state. The legitimate rights and interests of overseas Chinese and the protection of the state.
twenty-eighth citizens enjoy freedom of speech, press, assembly, association, communication, parade, demonstration, the freedom to strike, a religious belief and freedom not to believe in religion, to propagate atheism. The citizens' personal freedom and inviolability of the residence.Any citizen, not by decision of a people's court or the public security organ for approval, shall not be liable to arrest. Article twenty-ninth the people's Republic of China to foreigners because of the just cause of any support, take part in the revolutionary movement, scientific work and persecuted, given the right of abode.
The fourth chapter flag, national emblem, the capital
Article thirtieth the national flag is the Five Starred Red flag. The national emblem, the middle is the Tiananmen star shining, is around the ears and gear. Beijing is the capital.
In 1978 three: the full text of the Constitution
The constitution of the Republic of China (1978)
Preface
Chinese people after more than a hundred years of heroic struggle, and finally in the great leader and teacher led by Chairman Mao Zedong China Communist
Under the leadership of the party, people's revolution overthrew the rule of imperialism, feudalism and bureaucrat capitalism's reactionary rule, achieved complete victory in the new democratic revolution, in 1949 the establishment of the people's Republic of china.
The establishment of the people's Republic of China, marking the beginning of the historical period of socialism in china.After the founding of the PRC, Chairman Mao and China under the leadership of the Communist Party, the Chinese people of all nationalities in political, economic, cultural, military, diplomatic fronts carry out the proletarian revolutionary line of Chairman Mao, after repeated struggles against domestic and foreign enemies, after the Great Proletarian Cultural Revolution, achieved a great victory for the socialist revolution and socialist construction.Our country under the dictatorship of the proletariat, has been consolidated and strengthened.Our country has become the primary thriving and prosperous socialist country.
Chairman Mao Zedong is the founder of the people's Republic of china.All the victory of China's revolution and construction, are made in the Marx doctrine, the Lenin doctrine, under the guidance of Mao Zedong thought.Always hold high the great banner of Chairman Mao and resolutely defend the unity and fighting, is the people of all ethnic groups in China, the cause of the proletarian revolution is the fundamental guarantee in the end of the.
The first of the Great Proletarian Cultural Revolution ended in victory, make our socialist revolution and socialist construction has entered a new period of development.According to the basic line of the Communist Party China throughout the historical period of socialism, the people in the general task of the new period is: adhere to the revolution under the dictatorship of the proletariat, carry out the class struggle, the struggle for production and scientific experiment three revolution, our country construction become the agriculture, industry, national defense and the modernization of science and technology of the great socialist country in within this century.
We must adhere to the struggle of the proletariat against the bourgeoisie, to adhere to the socialist road to fight against the capitalist road
The revisionist, prevent the restoration of capitalism, prepared to deal with the Social Imperialism and imperialism on China's subversion and aggression.
We need to consolidate and develop the leadership of the working class, and based on the worker peasant alliance, unity of the intellectuals and other laboring people, uniting patriotic democratic parties, patriotic, our compatriots in Taiwan, Hong Kong and Macao compatriots and overseas Chinese Revolutionary United front.To strengthen the unity of all ethnic groups of the country.To correct the internal differences and contradictions between ourselves and the enemy and the contradictions among the people.On the people in the country to which there are both centralism and democracy, both discipline and freedom, both unity of will, and personal ease of mind, be lively and vivid such a political situation, in order to mobilize all positive factors, overcome all difficulties, to better consolidate without produce class dictatorship, faster to build our countries.
Taiwan is Chinese sacred territory.We must liberate Taiwan, the great task of reunifying the motherland.
In international affairs, we should be based on mutual respect for sovereignty and territorial integrity, mutual non aggression, non-interference in each other's internal affairs, equality and mutual benefit, on the five principles of peaceful coexistence, establishment and development with other countries.China will never seek hegemony, will never be a super power.We must adhere to the proletarian internationalism, according to a theory of the three worlds, strengthen with the proletariat of the world, the oppressed people and national unity, strengthen with the socialist solidarity with the third world countries, strengthen unity, united all by Social Imperialism and aggression, imperialism superpower subversion, interference, control, bullying countries, an international united front against the most extensive, superpower hegemony, against the New World War, the struggle for human progress and liberation.
The first chapter outline
Article 1 the people's Republic of China
is led by the working class and based on the worker peasant alliance of the dictatorship of the proletariat socialist countries
Second
Chinese Communist Party is the core of leadership of the whole China people.The working class through their own vanguard China Communist Party leadership over the state.The guiding ideology of the people's Republic of China is the Marx doctrine, the Lenin doctrine, Mao Zedong thought.
All third
power of the people's Republic of China belongs to the people.The people exercise state power organs, the National People's Congress and local people's congresses.
The National People's Congress, the local people's congresses and other state organs, shall practice democratic centralism.
Fourth
of the people's Republic of China is a unitary multinational state.
The equality of all nationalities.Between each nation to solidarity, helping each other, learn from each other.Prohibition of discrimination and oppression of any nationality, prohibits the destruction of the ethnic solidarity, against the big nationalism.
All ethnic groups have the use and develop their own spoken and written languages are free, to preserve or reform their own folkways and customs.
Regional autonomy is practiced in areas where people of minority nationalities.All national autonomous areas are the people's Republic of China can not be separated parts.
There are two main types of fifth
of the people's Republic of China at the present stage of the ownership of the means of production: the socialist public ownership and the socialist collective ownership by the working people.
Basic level organization unified arrangements and management state allows non agriculture individual workers in towns or countryside, engaged in the legal permission scope, do not exploit the individual labor.At the same time, guide them to gradually take the socialist road of collectivization.
Sixth
state-owned economy is socialist economy under ownership by the whole people, is the leading force in the national economy.
Mineral, water, state-owned forest, wasteland and other marine resources, are all belong to the whole people.
The state can be in accordance with the law of the conditions, the purchase of land, expropriation or nationalization.
Seventh
rural people's communes economy is socialist economy under collective ownership, now generally implement the commune, the production brigade, the production team all three, and the production team as the basic accounting unit.The production brigade when conditions are ripe, to the team as the basic accounting unit transition.
The people's commune collective economy occupies the absolute superiority condition, people's commune members can operate a small number of plots and household sideline production, in the pastoral areas can also have a small amount of privately owned livestock.
Eighth
socialist public property shall not be infringed.The state guarantees the socialist economy under ownership by the whole people and the collective ownership by the working people the consolidation and development of the economic.
The State prohibits any person by any means, disrupt social and economic order, undermine state economic plans, embezzlement, squandering national and collective property, harm the public interest.
Article ninth country ownership
protect citizens' legitimate income, savings, houses and other means of livelihood.
Tenth
countries "will not work shall not eat", "let each person do his best, distribution according to work" socialist principles.
Work is the glorious duty of every able-bodied citizen.The State encourages the socialistic labor contest, in the premise of the proletarian politics, the spiritual and material incentives combined with emphasis on spiritual encouragement policy of socialist enthusiasm and creativity, encourage citizens in labor.
Eleventh
countries adhere to the general line of going all out, aim high, better and more economical to build socialism, planning, according to the proportion, high speed development of the national economy, improve the social productive forces, in order to consolidate national independence and security, gradually improving the people's material and cultural life.
Countries in the development of national economy, to stand on one's own, rely through one's own efforts, work hard and perseveringly, diligence and thrift, guidelines, based on agriculture, industry as the leading principle, give full play to the two central and local initiative policy under unified central leadership.
The national Protect environment and natural resources, prevent pollution and other public hazards.
Twelfth
countries develop the cause of science, scientific research, technical innovation and technological revolution, in the national economy in all sectors of advanced technology to maximize the use of.Science and technology must implement professional team combined with the broad masses, learning and creative combination.
Thirteenth
countries vigorously develop education, improve the people's cultural and scientific level.Education must serve proletarian politics, combined with production and labor, so that everyone who receive an education to develop in moral, intellectual, physical aspects, become a socialist consciousness and culture of the workers.
Article fourteenth country to stick to the leadership
Marx doctrine, Lenin doctrine, Mao Zedong Thought in the ideological and cultural fields of each.Cultural undertakings must service for the workers, to serve socialism.
National implementation of "All flowers bloom together., contention of a hundred schools of thought" principle, in order to promote the development of art and science, and promote the prosperity of socialist culture.
Fifteenth
state organs must keep in close contact with the masses of the people, rely on the masses, listen to the opinions of the masses, concerned about the sufferings of the masses, have better troops and simpler administration, practise economy, improve efficiency, oppose bureaucracy.
National leadership organs at all levels, must be in accordance with the successors of the revolutionary cause of the proletariat, the old, in three, green with the principle of.
Sixteenth
functionaries of state organs must seriously study the Marx doctrine, the Lenin doctrine, Mao Zedong thought, put one's heart and soul into serving the people, to study business, actively participate in productive labour, accept supervision by the masses, play an exemplary role in abiding by the Constitution and the law, the right to the implementation of national policy, seek truth from facts, shall not resort to deceit, not for personal gain by authority.
Seventeenth
countries adhere to the democratic principle of socialism, ensuring people's participation in management, management of various economic and cultural establishments, supervision of state organs and staff.
Eighteenth
countries to safeguard the socialist system, to suppress all treason and counter revolutionary activities, the punishment of all traitors and counter revolutionaries, the punishment of the new bourgeois elements and other bad elements.
The state in accordance with law deprived of unregenerate landlord, rich peasants, the reactionary capitalist political rights, simultaneously gives the way of life, so that they in the labor into law-abiding citizens support oneself.
Nineteenth
armed forces of the people's Republic by the chairman of the Central Committee of the Communist Party China command.
China people's Liberation Army is the leadership of the Communist Party of China army of workers and peasants, is the pillar of the dictatorship of the proletariat.The state vigorously strengthen the revolutionization modernization China people's Liberation Army militia, strengthen construction, carrying out the system of the combination of the three field army, the local troops and armed forces militia.
The fundamental task of the armed forces of the people's Republic of China is: to defend the socialist revolution and socialist construction, and defending state sovereignty, territorial integrity and security, defense and Social Imperialism, imperialism and its lackeys subversion and aggression.
The second chapter of national institutions
The first section
National People's Congress
Twentieth
National People's Congress is the highest organ of state power.
On behalf of the twenty-first
National People's Congress elected by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress and the people's Liberation Army.Representative shall, after the democratic consultation, by secret ballot elections.
Each term of office of the National People's Congress five years.If special circumstances, to the National People's Congress extended term, or the early convening of the National People's congress.
The National People's Congress meets in session once a year.When necessary, we can advance or delay.
Twenty-second
National People's Congress exercises the following functions and powers:
(a) to amend the constitution;
(two) law;
(three) to supervise the implementation of the Constitution and the law;
(four) according to the Central Committee of the Communist Party of Chinese proposal, decision of the State Council prime minister;
(five) according to the premier of the State Council's proposal, the decision of the State Council and other members of the;
(six) election of president of the Supreme People's court and the Supreme People's procuratorate;
(seven) review and approval of the national economic plan, the state budget and final accounts;
(eight) divided the approval of the provincial, autonomous region and municipality directly under the central government;
(nine) decide on questions of war and peace;
(ten) the National People's Congress believes that other powers shall be exercised it.
Twenty-third
National People's Congress has the power to recall, the members of the State Council, the Supreme People's court and the Supreme People's Procuratorate prosecution of long.
The Standing Committee of the twenty-fourth National People's Congress is a
permanent body of the National People's Congress, responsible and report on their work to the National People's congress.
The Standing Committee of the National People's Congress is composed of the following:
The chairman,
Vice chairman of a number of people,
General secretary.
A number of members.
Members of the National People's Congress election and deputies to the National People's Congress Standing committee.
The Standing Committee of the twenty-fifth National People's Congress
shall exercise the following powers:
(a) presided over the National People's Congress election;
(two) convened sessions of the National People's congress;
(three) interpretation of the Constitution and the law, formulate laws;
(four) the supervision of the State Council, the Supreme People's court and the Supreme People's Procuratorate work;
(five) to change or revoke the organs of state power of provinces, autonomous regions and municipalities, inappropriate resolutions;
(six) during the National People's Congress meeting, according to the prime minister's proposal, decided to appoint and remove the individual members of the;
(seven) appoint vice president of Supreme People's court and the Supreme People's Procuratorate deputy attorney general;
(eight) and appoints and removes plenipotentiary representatives abroad;
(nine) approve and abrogate treaties;
(ten) the provisions and awarded the honorary title of national;
(eleven) decided to pardon;
(twelve) when the National People's Congress is, if an armed attack on the country's situation, decided to declare a state of war;
(thirteen) other functions and powers as the National People's Congress granted.
Members of the Standing Committee of the twenty-sixth National People's Congress
long chaired the Standing Committee of the National People's Congress work; to accept foreign envoys; according to the Standing Committee of the National People's Congress or the National People's Congress promulgated decision, laws and decrees, send and recalls plenipotentiary representatives abroad, the ratification of treaties concluded with foreign countries, awarded the honorary title of.
Deputy chairman of the Standing Committee of the National People's Congress long shall assist the chairman in his work, can exercise certain functions and powers of the chairman of the.
The Standing Committee of the twenty-seventh
National People's Congress and the National People's Congress may establish special committees according to need.
Twenty-eighth
deputies to the National People's Congress shall have the right to raise questions to the State Council, the Supreme People's court, the Supreme People's Procuratorate and the various ministries, commissions.The authorities must be responsible to answer inquiries.
Twenty-ninth
deputies to the National People's Congress are subject to supervision by the units which elected.The electoral units have the right in accordance with the provisions of law to replace their deputies.
Section second of the State Council
Thirtieth
the State Council is the Central People's government, is the executive body of the highest organ of state power, is the highest purpose of state administrative organs.
The State Council is responsible and report on its work to the National People's Congress; when the National People's Congress is, to the Standing Committee of the National People's Congress shall be responsible and report.
Thirty-first
Council is composed of the following:
Prime minister,
Deputy Prime Minister of,
The minister,
The Committee director.
The Prime Minister presided over the work of the State Council, vice premiers assist the premier in his work.
Article thirty-second the State Council shall exercise the following powers
:
(a) in accordance with the constitution, laws and decrees, the provisions of administrative measures, issue decisions and orders, implementation and review these decisions and orders,
(two) introduced a bill to the Standing Committee of the National People's Congress or the National People's congress;
(three) unified leadership ministries, commissions and other organisation's work;
(four) the unified leadership over the work of local organs of State Administration at different levels;
(five) the preparation and implementation of the national economic plan and the state budget;
(six) to protect the interests of the state, the maintenance of social order, guarantee the rights of citizens;
(seven) approved by the Autonomous Prefecture, county division, Autonomous County, city;
(eight) in accordance with the provisions of laws or administrative personnel,
(nine) the other powers granted by the Standing Committee of the National People's Congress and the National People's Congress
The third section
local people's congresses and local Revolutionary Committee
The following thirty-third
administrative division of the people's Republic of china:
(a) the country is divided into provinces, autonomous regions, municipalities directly under the central government;
(two) province, autonomous regions are divided into autonomous prefecture, county, Autonomous County, city;
(three) County, Autonomous County People's commune, the town is divided into.
Municipalities directly under the central government and other large cities are divided into districts, county.Autonomous prefectures are divided into counties, Autonomous County, city.
Autonomous regions, autonomous prefectures and autonomous counties, are national autonomous areas.
Thirty-fourth
Province, municipality directly under the central government, county, city, city area, the people's commune, the town established the people's Congress and the revolutionary committee.
The people's commune people's Congress and the revolutionary committees are grass-roots political organization, and is the leading organization of collective economy.
The provincial Revolutionary Committee may set up administrative office in the area, as the agency itself.
Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties.
Thirty-fifth
local people's congresses at all levels are the local organs of state power.
Province, municipality directly under the central government, county, city people's Congress, a lower level people's Congress after the democratic consultation, the secret ballot elections; people's Congress city not divided into districts, municipal districts, the people's commune, the town's representative, by the voters after the democratic consultation, the secret ballot election.,
The term of office of province, municipality directly under the central government of the people's congresses of five years.Each term of the county, city, city people's Congress three years.The people's commune, the town people's Congress is elected for a term of two years.
Local people's congresses meeting at least once a year, convened by the revolutionary committee.
The electoral units and voters to local people's congresses at various levels, have the right to supervise and in accordance with the provisions of law to replace their representatives.
Thirty-sixth
local people's Congress in the administrative area, the constitution, law, legal compliance and enforcement, to ensure national implementation of the plan, planning and local economic construction, cultural construction and public utilities, the examination and approval of local economic plan and budget and final accounts, protect public property, to maintain social order, the protection of civil rights, guarantee the equal rights of ethnic minorities, promoting the development of socialist revolution and construction.
Local people's congresses as prescribed by law, they adopt and issue resolutions.
Members of the election of local people's congresses and have the right to recall the revolutionary committee.The people's Congress at or above the county level and County Elections of deputies to people's court at the same level people's Procuratorate at the corresponding level and the long.
Local people's congresses at various levels have the right to address inquiries to the Revolutionary Committee, the people's court at the same level, the people's Procuratorate and the Revolutionary Committee organ.The authorities must be responsible to answer inquiries.
Thirty-seventh
local revolutionary committees at various levels, the local people's governments at all levels, is the executive organs of the local people's congresses at various levels, is the administrative organ local state.
Local revolutionary committees at various levels by the director, deputy director of a number of people, some members.
Local revolutionary committees at all levels to implement the resolutions of the people's Congress at the corresponding level and the decisions and orders of the state administrative organs, management of the administrative regions of the administrative work, in accordance with the law of the rights issue decisions and orders.County level and above shall be in accordance with the provisions of the Revolutionary Committee of the staff in state organ.
Local revolutionary committees at various levels are responsible and report on their work to people's congresses at the corresponding levels and the level of the state administrative organs under the unified leadership of the State Council.
The organs of self-government of the national autonomous areas
section fourth
The organs of self-government of the thirty-eighth
autonomous regions, autonomous prefectures and autonomous counties, is the people's Congress and the revolutionary committee;
People's congresses in national autonomous areas and the Revolutionary Committee, tenure, authority and dispatched institutions shall, according to the basic principles specified in the constitution of second section of the third chapter of the local state organs organization.
The organs of self-government of the national autonomous local minority living in, on behalf of the relevant nationalities are entitled to appropriate.
The organs of self-government in the local organs of state exercise of constitutional authority thirty-ninth
of ethnic autonomous areas to exercise the power of autonomy, the authority in accordance with the law.
The organs of self-government in accordance with the characteristics of the local ethnic political, economic and cultural, to formulate autonomous regulations and separate regulations, approved by the Standing Committee of the National People's Congress shall be submitted to the.
The organs of self-government in performing their functions, the use of local national common one or several languages.
Fortieth
all state organs at higher levels shall guarantee the organs of self-government of the national autonomous areas to exercise autonomy, give full consideration to the characteristics and needs of the various minority, cultivate the cadres of minority nationalities, active support and assistance to the minority nationalities to carry on the socialist revolution and socialist construction, the development of the socialist economy and culture.
The fifth section
people's courts and the people's Procuratorate
Forty-first
the Supreme People's court, the local people's courts at various levels and of the special people's courts to exercise jurisdiction.The organization of people's courts shall be prescribed by law.
The people's court cases, the people's jury system in accordance with the provisions of law.For major counterrevolutionary cases and criminal cases, to mobilize the masses to discuss and put forward opinions.
The people's court cases, especially cases in addition to the provisions of law, shall be heard in public.The accused has the right to defense.
Forty-second
the Supreme People's court is the highest judicial organ.
The Supreme People's court supervision of local people's courts at various levels and of the special people's court, the superior people's court for trial supervision work of the lower court.
The Supreme People's Court on the Standing Committee of the National People's Congress and the National People's Congress shall be responsible and report.The local people's courts at various levels are responsible and report on its work to the people's congresses at the corresponding levels.
Forty-third
the Supreme People's Procuratorate for that all departments under the State Council, the local state organs at all levels, the staff of state organs and citizens to abide by the Constitution and the law, the exercise of prosecutorial power.The local people's procuratorates at different levels and of the special people's procuratorates, exercise procuratorial authority according to law.The organization of people's procuratorates is prescribed by law.
The procuratorial work of the Supreme People's Procuratorate supervision of local people's procuratorates at different levels and of the special people's procuratorates of the people's Procuratorate at a higher level, lower level people's Procuratorate supervision.
The Supreme People's Procuratorate to the Standing Committee of the National People's Congress and the National People's Congress shall be responsible and report.The local people's procuratorates at different levels are responsible and report on their work to people's congresses at the corresponding levels.
The third chapter
basic rights and duties of citizens
Forty-fourth
citizens over eighteen years of age, have the right to vote and to be elected.Except in accordance with the law be deprived of the right to vote and be elected.
Forty-fifth
citizens enjoy freedom of speech, press, assembly, association, communication, parade, demonstration, the freedom to strike, the use of "Da Ming, large posters, debate," rights.
Forty-sixth
citizens enjoy freedom to believe in religion and to propagate atheism not to believe in religion, freedom.
Forty-seventh
citizens' personal freedom and inviolability of the residence.
Any citizen, non approved by decision of a people's court or the people's Procuratorate and executed by the public security organ, shall not be liable to arrest.
Forty-eighth
citizens have the right to labor.According to the principle of national overall employment arrangements, on the basis of developing production and gradually improve the labor remuneration, working conditions, strengthen labor protection, expand the collective welfare, in order to guarantee the citizens to enjoy this right.
Forty-ninth
labourers shall have the right to rest.Working time and vacation system regulations of the state, the gradual expansion of the rest and recuperation of the material conditions, to ensure that workers enjoy the rights of.
The fiftieth time
workers in their old age, illness or loss of ability to work, have the right to material assistance.The state gradually develop social insurance, social relief, medical service and cooperative medical causes, to ensure that workers enjoy the rights of.
National concern and support disabled revolutionary armymen, revolutionary martyr's family life.
Fifty-first
citizens have the right to education.Countries to gradually increase the various types of schools and other education facilities, education, in order to guarantee the citizens to enjoy this right.
Special care national healthy growth of the teenagers.
Fifty-second
citizens in scientific research, literary and artistic creation and other cultural activities.Countries engaged in creative work for the cause of science, education, literature, art, news, publishing, public health, sports and cultural citizenship, give encouragement and help.
The fifty-third
women in the political, economic, cultural, social and family life, enjoy equal rights with men.Equal pay for men and women.
Marriage autonomy.Marriage, family, mother and child are protected by the state.
The State encourages and promotes family planning.
The legitimate rights and interests of fifty-fourth
national protection of overseas Chinese and their relatives.
Fifty-fifth
citizens for any illegal state organs, enterprises, institutions of staff, have the right to sue the state organs at all levels.When the rights of citizens are infringed, have the right to appeal to the state organs at all levels.The complaints and appeals, any person may suppress and take revenge.
Fifty-sixth
citizen must uphold the leadership of the Communist Party of Chinese, support the socialist system, maintaining the unity of the motherland and the unity of all the nationalities, abide by the Constitution and the law.
Fifty-seventh
citizens must cherish and protect public property, observe labour discipline, observe public order, respect social ethics, keep state secrets.
Fifty-eighth
defend the motherland, resist aggression, is the sacred duty of every citizen.
In accordance with the law of military service and join the militia is the glorious duty of citizen.
Article fifty-ninth the people's Republic of China to foreigners
any due to support justice, take part in the revolutionary movement, scientific work and persecuted, given the right of abode.
The fourth chapter
flag, the national emblem, the capital
The national flag of the people's Republic of China sixtieth
is a red flag with five stars.
The people's Republic of China national emblem, the middle is the Tiananmen star shining, is around the ears and gear.
Beijing is the capital of the people's Republic of china.
Four: 2004 year after year to amend the constitution text
(1982, revised in 2004)
(in December 4, 1982 fifth session of the National People's Congress fifth session of the National People's Congress announced December 4, 1982 promulgation, according to the April 12, 1988 Seventh National People's Congress adopted by the first session of the "people's Republic of China constitutional amendment", in March 29, 1993 eighth session of the national people's Congress, the first session of the "people's Republic of China constitutional amendment" in March 15, 1999, the ninth session of the National People's Congress passed the second meeting of the "people's Republic of China constitutional amendment" and in March 14, 2004 the Tenth National People's Congress second conference adopted "the people's Republic of China constitutional amendment" correction)
Catalog
Preface
The first chapter outline
The second chapter
basic rights and duties of citizens
The third chapter of national institutions
The first section
National People's Congress
The second section
chairman of the people's Republic of China
Section third of the State Council
The Central Military Commission in fourth
The fifth section
local people's congresses and local people's governments at various levels
The organs of self-government of the national autonomous areas
section Sixth
The seventh section
people's courts and the people's Procuratorate
The fourth chapter
flag, national anthem, the national emblem, the capital
Preface
Chinese is one of the oldest countries in the world.Chinese people work together to create a shine with great splendor culture, has a glorious revolutionary tradition.
One eight four hundred years later, the feudal China gradually turned into a semi colonial, semi feudal country.Fought bravely China people for national independence, liberation and freedom.
In twentieth Century, the great historical changes occurred China turn the world upside down.
Xin Hai revolution of 1911, led by Mr. Sun Zhongshan, the abolition of the feudal monarchy, the creation of the Republic of china.However, the historical mission China people against imperialism and feudalism has not been completed.
In 1949, Chinese people led Chinese Communist Party Chairman Mao Zedong as leader, after a long arduous and tortuous armed struggle and other forms of struggle, finally overthrew the rule of imperialism, feudalism and bureaucrat capitalism rule, achieved a great victory in the new democratic revolution, establishing the people's Republic of china.Since then, China people have taken control of state power, become the masters of the country.
After the people's Republic of China was founded, our society is gradually achieved its transition from a new democratic to a socialist.The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of man by man has been eliminated, the socialist system has been established.The people's democratic dictatorship led by the working class and based on the worker peasant alliance, in essence, is the dictatorship of the proletariat, has been consolidated and developed.Chinese people and China people's liberation army defeated the imperialist and hegemonist aggression, sabotage and armed provocations, maintain national independence and security, strengthen national defense.Economic construction has made great achievements, the independent, relatively complete industrial system has been basically formed, a marked increase in agricultural production.Education, science, culture and other undertakings have made great progress, education in socialist ideology has produced remarkable results.The life of the people has improved considerably.
Chinese the victory in the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups, in the Marx Lenin doctrine, under the guidance of Mao Zedong thought, uphold the truth, correct mistakes, overcome many hardships and dangers and made.China is currently in the primary stage of socialism.The basic task of the nation is China, along the road of socialism, to concentrate its efforts on socialist modernization.China people will continue in the China under the leadership of the Communist Party, in the guidance of Marx Lenin doctrine, Mao Zedong thought, Deng Xiaoping Theory and the important thought of "Three Represents", adhere to the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, constantly improve the system of socialism, the development of the socialist market economy, develop socialist democracy, improve the socialist the legal system, rely through one's own efforts, work hard and perseveringly, and gradually realize the industry, agriculture, national defence and science and technology to promote the modernization, material civilization, political civilization and spiritual civilization coordinated development, to build China into a prosperous, democratic, civilized socialist country.
In our country, the exploiting class as a class have been abolished, however, class struggle will exist for a long time.Chinese people and try to undermine China's socialist system of domestic and foreign hostile forces and hostile, must fight.
Taiwan is a part of sacred territory of the people's Republic of.Is the sacred duty of all Chinese people including the Taiwan compatriots, the complete reunification of the motherland big industry.
In building socialism must rely on the workers, peasants and intellectuals, unite with all the forces that can be united.In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China, the democratic parties and people's organizations, including all socialist laborers, the builders of the socialist cause, patriots supporting socialism, love and support the reunification of the motherland in the broadest patriotic united front, this United front will continue to consolidate and development.Chinese people's Political Consultative Conference is a broadly representative organization of the United Front, has played an important role in history, the future in the country's political life, social life and foreign friendly activities, in the construction of socialist modernization, maintain the unity of the national struggle, will further play its important role in.The multi-party cooperation and political consultation system under the leadership of the Communist Party China will exist and develop for a long time.
The people's Republic of China is created jointly by the people of all ethnic groups of the unified multi-ethnic country.Socialist relations of equality, unity, mutual assistance has been established, and will continue to strengthen.In the struggle to safeguard the unity of nationalities, to oppose big nation chauvinism, mainly Han chauvinism, and to combat local nationalism.The country is making all efforts to promote the common prosperity of all ethnic groups of the country, the.
China's achievements in revolution and construction are with the people of the world support inseparable.China future is closely with the future of the world together.Chinese adhere to stand on one's own foreign policy, adhere to mutual respect for sovereignty and territorial integrity, mutual non aggression, non-interference in each other's internal affairs, equality and mutual benefit, the five principles of peaceful coexistence with other countries, the development of diplomatic relations and economic, cultural exchange; consistently opposes imperialism, hegemony, colonialism, strengthen with people around the world solidarity, support the oppressed nations and the developing countries and the just struggle for national independence, national economic development, and efforts to maintain world peace and promote the cause of human progress.
The constitution to the legal form of struggle of the people of all ethnic groups that China achievements, defines the basic system and basic task of the nation, is the fundamental law of the state, has the highest legal effect.The people of all ethnic groups, all state organs, armed forces, political parties, social organizations, enterprises and institutions, the country must take the constitution as the basic standard of conduct, and for the maintenance of the dignity of the constitution, to ensure the implementation of the constitution duties.
The first chapter outline
The first
of the people's Republic of China is the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries.
The socialist system is the basic system of the people's Republic of china.Prohibit any organization or individual to undermine the socialist system.
All second
power of the people's Republic of China belongs to the people.
The National People's Congress and the local people's Congress is the highest organ of state power.
The people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs.
Third
state organs of the people's Republic of China apply the principle of democratic centralism.
The National People's Congress and the local people's congresses at various levels are democratically elected, responsible to the people, subject to the supervision of the people.
The state administrative organs, judicial organs, procuratorial organs by the people's Congress, responsible to it, subject to its supervision.
Division of the central and local state organs, followed in the unified leadership of the central government, give full play to the initiative, enthusiasm of the local principle.
The national fourth
of the people's Republic of China are equal.The state protects the lawful rights and interests of the minority nationalities, the maintenance and development of equality, unity, mutual relations between the ethnic groups.Prohibition of discrimination and oppression of any nationality, prohibits the destruction of the unity of the nationalities or behavior.
The state according to the characteristics and needs of the various minority nationalities, helping the minority areas to accelerate the development of economy and culture.
Regional autonomy is practiced in areas where people of minority nationalities, organs of self-government are established to exercise the power of autonomy.All national autonomous areas are the people's Republic of China can not be separated parts.
All ethnic groups have the use and develop their own spoken and written languages are free, to preserve or reform their own folkways and customs.
Fifth
of the people's Republic of China to implement the rule of law, building a socialist country ruled by law.
The national safeguard the uniformity and dignity of the socialist legal system.
All the laws, administrative regulations and local regulations may contravene the constitution.
All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law.All activities that violate the Constitution and laws, must be investigated.
No organization or individual may be beyond the constitutional and legal privileges.
The basis of the socialist economic system sixth
of the people's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people.The socialist public ownership, abolition of exploitation of man by man, let each person do his best, implement the principle of distribution according to work.
During the primary stage of socialism, adhere to the basic economic system in which public ownership as the main body, various kinds of ownership economy develop jointly, to the distribution system in which distribution according to work as the main body, a variety of modes of distribution.
Seventh
state-owned economy, the socialist economy under ownership by the whole people, is the leading force in the national economy.The state ensures the consolidation and growth of the state economy.
Eighth
rural collective economic organizations of the double management system of household contract management as the foundation, the.In rural areas, supply and marketing, credit production, consumption and other forms of cooperative economy, is the socialist economy under collective ownership.The workers to participate in the rural collective economic organizations have the right, within the limits prescribed by law to farm private plots of cropland, hilly, household sideline production and raise privately-owned livestock.
The various forms of cooperative economy in the cities and towns in the handicraft, industrial, building, transport, commercial, service industry and other industries, is the socialist economy under collective ownership.
State protects the lawful rights and interests of the urban and rural economic collectives, guidance and help, encourage the development of collective economy.
Natural resources ninth
minerals, water, forests, mountains, grasslands, uncultivated land, beaches and other, belong to all countries, namely the ownership by the whole people; by law belongs to all of forests and mountains, grassland, wasteland, except for the beach.
The state ensures the rational use of natural resources, protection of rare animal and plant.Any organization or individual is prohibited to use any means to invade or the destruction of natural resources.
Tenth
city land belongs to the state.
Land in the rural areas and the outskirts of the city, as stipulated by relevant laws other than those owned by the state, all belonging to the collective; house sites and private plots, remain mountain oneself, also belong to the collective.
Countries in need of public interest, can expropriate the land and give compensation in accordance with the law.
No organization or individual may encroach upon, the sale or other forms of illegal transfer of land.The right to the use of land may be transferred according to law.
All organizations and individuals using land must make.
Eleventh
within the individual economy, private economy and other non-public sectors of the economy law, is an important component part of the socialist market economy.
The legitimate rights and interests of the state to protect the individual economy, private economy and other non-public sectors of the economy.The State shall encourage, support and guide the development of non-public economy, and the non-public sectors of the economy in accordance with the law, supervise and management.
Twelfth
socialist public property is sacred and inviolate.
The state protects socialist public property.Any organization or individual is prohibited to use any means appropriation or damaging of state or collective property.
Thirteenth
the lawful private property of citizens are not violated.
The State shall protect citizens to inherit private property right.
Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law.
Fourteenth
countries by improving the enthusiasm of the workers and the level of technology, the promotion of advanced science and technology, improving the systems of economic administration and enterprise operation and management, implement the socialist system of responsibility in various forms, improving the organization of work, in order to improve labor productivity and economic benefits, the development of social productive forces.
Countries practise economy, combat waste.
The state properly apportions accumulation and consumption, the state, the collective and individual interests, on the basis of developing production, gradually improve the people's material and cultural life.
The State shall establish and perfect the level of economic development of the social security system.
Fifteenth
socialist market economy countries.
The state strengthens economic legislation, improves macro regulation and control.
The law any organization or individual to disrupt social economic order.
Sixteenth
state enterprises have decision-making power in operation and management within the limits prescribed by law.
The state-owned enterprises in accordance with the law, through the staff and workers' Congress and other forms, practice democratic management.
Seventeenth
collective economic organizations in compliance with the relevant laws, since the independence of economic activity.
Collective economic organizations practise democratic management in accordance with the provisions of law, elect or remove their managerial personnel, decide on the major issues of management.
Eighteenth
of the people's Republic of China permits foreign enterprises and other economic organizations or individuals in accordance with the provisions of the people's Republic of China Law on China investment, with China enterprises or other economic organizations of various forms of economic cooperation.
Foreign enterprises in Chinese territory and other foreign economic organizations as well as Chinese foreign joint ventures, must abide by the laws of the prc.Their lawful rights and interests are protected by the laws of people's Republic of China.
Nineteenth
development of socialist education, raise the scientific and cultural level of the whole nation.
The state runs schools of various types, the popularization of compulsory primary education, secondary education, occupation education and higher education, and the development of preschool education.
The state develops educational facilities, illiteracy, the workers, farmers, state functionaries and other workers in their political, cultural, scientific, technical, business education, encourage self-taught.
The State encourages the collective economic organizations, state enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with the provisions of the law.
Popularizing Putonghua nationwide.
Article twentieth the natural and social sciences development
countries, popularize knowledge of science and technology, rewards achievements in scientific research and technological inventions.
Article twenty-first the development of medical and health
state, the development of modern medicine and traditional Chinese medicine, to encourage and support the rural collective economic organizations, to organize various medical and health facilities, state enterprises and institutions and neighbourhood organizations, to carry out sanitation activities of a mass character, to protect the people's health.
The national sports development, to carry out mass sports activities, enhance the people's physique.
Twenty-second
national development to serve the people, serve socialism literature and Art Press, radio and television broadcasting, publishing and distribution services, libraries, museums, cultural centres and other cultural institutions, to carry out mass cultural activities.
The state protects the places of historic interest and scenic beauty, valuable cultural relics and other important historical and cultural heritage.
Twenty-third
country trains specialized personnel in all fields who serve socialism, increases the number of intellectuals, create conditions, give full play to their role in socialist modernization.
Twenty-fourth
countries through the popularity of ideal education, moral education, education, education in discipline and the legal system, through the formulation and implementation of various rules, conventions in different sections of the people in urban and rural areas, strengthen the construction of socialist spiritual civilization.
The State encourages love motherland, love people, love labor, love science, love the socialist morality, patriotism, collectivism and internationalism in people, the Communist education, dialectical materialism and historical materialism education, anti capitalist, feudal and other decadent ideas.
Twenty-fifth
countries carrying out family planning, population growth and economic and social development plans to adapt.
Twenty-sixth
state to protect and improve the living environment and the ecological environment, prevent pollution and other public hazards.
The state organizes and encourages afforestation, forest protection.
Twenty-seventh
all state organs carry out the principle, the system of responsibility for work, carry out staff training and examination system, improve the quality of work and efficiency, oppose bureaucracy.
All state organs and functionaries must rely on the support of the people, keep in close touch with the people, listen to their opinions and suggestions, to accept the people's supervision, and strive to serve the people.
Twenty-eighth
countries to maintain social order, treasonable and other criminal activities endangering State security, activities that endanger public security, disrupt the socialist economy and other criminal activities, and punishes criminal.
Twenty-ninth
of the people's Republic of China belongs to the people's armed forces.Its task is to consolidate national defense, resist aggression, defend the motherland, safeguard the people's peaceful labour, participate in national construction, and strive to serve the people.
The state strengthens the revolutionization, modernization of the armed forces, the standardized construction, strengthen the national defense force.
The following thirtieth
administrative division of the people's Republic of china:
(a) the country is divided into provinces, autonomous regions, municipalities directly under the central government;
(two) province, autonomous regions are divided into autonomous prefecture, county, Autonomous County, city;
(three) counties, autonomous counties are divided into townships, nationality townships, the town.
Municipalities directly under the central government and other large cities are divided into districts, county.Autonomous prefectures are divided into counties, Autonomous County, city.
Autonomous regions, autonomous prefectures and autonomous counties, are national autonomous areas.
Thirty-first
state may establish special administrative regions when necessary.In the implementation of the Special Administrative Region in the light of the actual situation of the National People's Congress may by law.
Thirty-second
of the people's Republic of China protects the legitimate rights and interests of foreigners in the territory of China, foreigners in China within the territory of the people's Republic of China must abide by the law.
The people's Republic of China to foreigners who request it for political asylum, can give the protected rights.
The second chapter
basic rights and duties of citizens
Thirty-third
who have the nationality of the people's Republic people are citizens of the people's Republic of china.
Citizens of the people's Republic of China are equal before the law.
The state respects and safeguards human rights.
Every citizen is entitled to rights under the Constitution and the law, at the same time must perform the duties prescribed by the Constitution and the law.
Thirty-fourth
PRC citizens aged eighteen years, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected; except those deprived of political rights according to law.
Citizens of the people's Republic of China thirty-fifth
speech, publication, assembly, association, parade, demonstration of freedom.
Citizen thirty-sixth
of the people's Republic of China enjoy freedom of religious belief.
Any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, citizens shall not be discriminated against religious and non religious citizens.
The state protects normal religious activities.No one may disrupt public order, impair the health of citizens, or interfere with the educational system of the state of the religious activities.
Dominant religious bodies and religious affairs are not subject to any foreign forces.
Thirty-seventh
people's Republic of China citizen's personal freedom shall be inviolable.
Any citizen, except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest.
Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom, unlawful search of the body of citizens.
Thirty-eighth
personal dignity of citizens of the people's Republic is not violated.Prohibition of civil insult, slander and false accusation by any means.
Article thirty-ninth citizens of the people's Republic of
the inviolability of the residence.To illegally search or invade citizens prohibit residential.
The freedom and privacy of correspondence of fortieth
the citizens of the people's Republic was protected by law.Except for the needs of state security or of criminal investigation, inspection of communication by the public security organ or the procuratorial organs in accordance with legal procedures, no organization or individual may, for any reason, violations of freedom and privacy of correspondence of citizens.
Citizens of the people's Republic of China forty-first
to any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs, but shall not be fabricated or distorted the facts by false accusation.
For citizen complaints, charges or report, the relevant state organs must ascertain the facts, responsible for handling.Any person may suppress and take revenge.
The staff of state organs and civil rights violations by the loss of the people, have the right to compensation in accordance with the law.
Citizen forty-second
of the people's Republic of China have the right and obligation of labor.
The state through various means, to create conditions for employment, strengthen labor protection, improve working conditions, and on the basis of developing production, improve labor remuneration and welfare.
Work is the glorious duty of every able-bodied citizen.The workers of state-owned enterprises and in urban and rural economic collectives should treat their work as the masters of the country's attitude.The state promotes socialist labor emulation, reward model and advanced workers.The State encourages citizens to take part in voluntary labor.
The state provides necessary vocational training for citizens before they are employed.
Article forty-third the people's Republic of China
workers have the right to rest.
The national development and the rest and recuperation of the facilities, regulations working hours and off system.
Forty-fourth
state in accordance with the law to carry out the workers and staff of enterprises and institutions of the retirement system.The life of the retired personnel is ensured by the state and society.
Forty-fifth
PRC citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights.The national development and enjoy the right to social insurance, social relief and medical and health services.
The state and social security disability military life, provide pensions to the families of martyrs, supporting our military families.
The state and society to help arrange a blind, deaf, mute and other handicapped citizens work, life and education.
Forty-sixth
citizens of the people's Republic of China have the right and obligation to education.
The national training of children and young people, in moral, intellectual, physical and other aspects of comprehensive development.
Citizens of the people's Republic of China forty-seventh
with scientific research, literary and artistic creation and other cultural activities.The national creative work engaged in education, science, technology, literature, art and other cultural institutions citizens for the benefit of the people, give encouragement and help.
Article forty-eighth the people's Republic of China
women in all aspects of political, economic, cultural, social and family life, enjoy equal rights with men.
The state protects the rights and interests of women, the equal pay for men and women, the training and selection of women cadres.
Forty-ninth
marriage, family, mother and child are protected by the state.
Both husband and wife have the duty to practise family planning.
Parents have the custody of minor children of compulsory education, adult children have the obligation to support and assist their parents.
Violation of the freedom of marriage is prohibited, banned the maltreatment of old people, women and children.
Fiftieth
of the people's Republic of China protects the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives.
Citizens of the people's Republic of China fifty-first
in exercising their freedoms and rights, must not harm national, social, collective interests and other legitimate rights and freedom.
Citizens of the people's Republic of China fifty-second
to safeguard national unity and solidarity of all nationalities in the country's obligations.
Fifty-third
of the people's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe labour discipline, observe public order, respect social ethics.
Citizen fifty-fourth
of the people's Republic of China to safeguard the security, honour and interests of the obligation, not to harm the security, honor and interests.
Fifty-fifth
defend the motherland, the people's Republic of China is the sacred duty of every citizen of the resist aggression.
Military service in accordance with the law and is the glorious duty of citizens of the people's Republic of China to participate in the militia.
Citizens of the people's Republic of China fifty-sixth
pay taxes in accordance with legal obligations.
The third chapter of national institutions
The first section
National People's Congress
The National People's Congress fifty-seventh
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.
The Standing Committee of the fifty-eighth
National People's Congress and the National People's Congress exercises the legislative power of the state.
Fifty-ninth
National People's Congress is composed of Deputies of province, autonomous region, municipality directly under the central government, Special Administrative Region and the military elected.On behalf of all the minority nationalities are entitled to appropriate.
Deputies to the National People's Congress election by the Standing Committee of the National People's Congress presided over.
The National People's Congress delegates and representatives have prescribed by law.
Each term of the sixtieth National People's Congress five years
.
The National People's Congress two months before the expiration of the term of office of the Standing Committee of the National People's Congress, must be the deputy to the National People's Congress election.If extraordinary circumstances prevent such an election, more than most by the Standing Committee of the National People's Congress to all members of the 2/3 pass, can postpone the elections, the National People's Congress extended the term.In the year after the very situation, must the National People's Congress election.
Sixty-first
sessions of the National People's Congress is held once a year, convened by the Standing Committee of the National People's congress.If the Standing Committee of the National People's Congress deems it necessary, or more than 1/5 of the deputies to the National People's Congress proposed, may be convened sessions of the National People's congress.
When the National People's Congress meeting, elect the presidium.
Sixty-second
National People's Congress exercises the following functions and powers:
(a) to amend the constitution;
(two) supervise the enforcement of the constitution;
(three) the formulation and amendment of criminal, civil, the state organs and other basic laws;
(four) the chairman, vice chairman of the election of the people's Republic of china;
(five) according to the president of the people's Republic of nomination, decision of the State Council prime minister; according to the nomination by the premier, decided to Vice Premier of the State Council, state councilor, various ministries and commissions, the auditor general, the Secretary General candidate;
(six) the chairman of the Central Military Commission of election; according to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission;
(seven) to elect the president of the Supreme People's court;
(eight) election of the Supreme People's procuratorate;
(nine) to examine and approve the plan for national economic and social development and the implementation of the plan;
(ten) the implementation of the budget and examine and approve the state report;
(eleven) change or decided to cancel the Standing Committee of National People's Congress does not appropriate;
(twelve) the approval of the provincial, autonomous region and municipality directly under the central government;
(thirteen) the establishment and the system determines the special administrative region;
(fourteen) decide on questions of war and peace;
(fifteen) shall be other functions and powers as the highest organ of state power to exercise.
Sixty-third
National People's Congress has the power to recall the following personnel:
(a) vice president of the people's Republic of China, chairman of;
(two) the premier of the State Council, vice premier, state councilor, various ministries and commissions, the auditor general, the Secretary general;
(three) the chairman of the Central Military Commission and other members of the Central Military commission;
(four) the president of the Supreme People's court;
(five) the Supreme People's procuratorate.
Sixty-fourth
constitutional amendment, proposed by the representative of the Standing Committee of the National People's Congress or by more than 1/5 of the National People's Congress, and by the National People's Congress in the majority of the representatives of the 2/3 through.
Laws and resolutions by the National People's Congress and a majority vote of all the deputies.
The Standing Committee of the sixty-fifth National People's Congress shall
is composed of the following:
The chairman,
Vice chairman of a number of people,
General secretary.
A number of members.
Members of the Standing Committee of the National People's Congress, should include an appropriate number of deputies from the minority nationalities.
Members of the National People's Congress election and deputies to the National People's Congress Standing committee.
Members of the Standing Committee of the National People's Congress shall hold office in state administrative, judicial and procuratorial organs.
The Standing Committee of the sixty-sixth National People's Congress shall
term as the National People's Congress is elected for a term of the same, it shall exercise its functions and powers to the National People's Congress and the standing committees.
The chairman, vice chairmen of the Standing Committee shall serve no more than two consecutive.
The Standing Committee of the sixty-seventh National People's Congress
shall exercise the following powers:
(a) to interpret the constitution, supervise the enforcement of the constitution;
(two) enacts and amends other laws shall be enacted by the National People's Congress of the law;
(three) when the National People's Congress is conducted, and amendments to the National People's Congress enacted the law, but not with the basic principles of the law of conflict;
(four) interpretation of the law;
(five) when the National People's Congress is to examine and approve, partial adjustments to the plan for national economic and social development plans, the state budget in the implementation process should be done;
(six) the supervision of the State Council, the Central Military Commission, the Supreme People's court and the Supreme People's Procuratorate work;
(seven) revocation formulated by the State Council with the constitution, in contravention of the laws of administrative regulations, decisions and orders;
(eight) to revoke the organs of state power of provinces, autonomous regions, municipalities directly under the central government formulated with the constitution, laws and administrative regulations conflict with local regulations and resolutions;
(nine) when the National People's Congress is, according to the nomination by the premier, ministers, decided to Commission Director, the auditor general, the Secretary General candidate;
(ten) when the National People's Congress is, according to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission;
(eleven) according to the president of the Supreme People's court for the appointment and removal of the Supreme People's court, vice president, judges, members of the judicial committee and the president of the military court;
(twelve) according to the procurator general of the Supreme People's Procuratorate long drawn, Supreme People's Procuratorate deputy chief procurators, procurators, the members of the procuratorial committee and the military procuratorates, and the approval of the provincial, autonomous region, municipality directly under the central government, the people's Procuratorate or;
(thirteen) determine the appointment and removal of plenipotentiary representatives abroad;
(fourteen) determine the treaties and important agreements concluded with foreign and abrogation;
(fifteen) for military and diplomatic personnel rank system and other special rank system;
(sixteen) provisions and decisions confers state medals and titles of honor;
(seventeen) decided to pardon;
(eighteen) when the National People's Congress is, if an armed attack on the country or in fulfilment of international treaty to prevent aggression treaty, decided to declare a state of war;
(nineteen) decides on general or partial mobilization;
(twenty) the individual province, autonomous region or municipality directly under the central government, the state of emergency;
(twenty-one) other functions and powers as the National People's Congress granted.
Members of the Standing Committee of the sixty-eighth National People's Congress
long chaired the Standing Committee of the National People's Congress, convened a meeting of the Standing Committee of the National People's congress.Vice chairman, the Secretary General shall assist the chairman in his work.
The chairman, vice chairman, the Secretary General constitute the Council of chairmen, handle the important day-to-day work of the Standing Committee of the National People's congress.
The Standing Committee of the sixty-ninth National People's Congress shall
are responsible and report on its work to the National People's congress.
Seventieth
National People's Congress set up a Special Committee National Committee, Law Committee, a finance and Economic Committee, education, science, culture and public health committee, a Foreign Affairs Committee overseas Chinese Committee and other needs of the establishment of.When the National People's Congress is the special committee, the Standing Committee of the National People's Congress leadership.
Each specialized committee under the leadership of the Standing Committee of National People's Congress and the National People's Congress, research, review and draft resolutions.
The Standing Committee of the seventy-first
National People's Congress and the National People's Congress when it deems it necessary, organize investigation committee on specific questions, and according to the report of the Committee of inquiry, make corresponding resolutions.
Commission of inquiry when, all the relevant state organs, social organizations and citizens shall have the obligation to provide the necessary materials to it.
Members of the Standing Committee of the seventy-second
deputies to the National People's Congress and the National People's Congress has the right, in accordance with legal procedures are proposed which belongs to the scope of the functions and powers of the Standing Committee of the National People's Congress and the motion within the.
During the seventy-third
deputies to the National People's Congress meeting at the National People's Congress, during the members of the Standing Committee of the National People's Congress meeting in the Standing Committee have the right, in accordance with the procedures prescribed by law, to the State Council or the State Council ministries, the Committee inquiries.The authorities must be responsible to answer inquiries.
Seventy-fourth
deputies to the National People's Congress, license without the chairman of the National People's Congress is not in session, meeting group, permitted by the Standing Committee of the National People's Congress of the National People's Congress, shall not be liable to arrest or criminal trial.
Seventy-fifth
deputies to the National People's Congress various meetings and voting, will not be investigated by law.
Seventy-sixth
deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law, keep state secrets, and in the production, work and social activities in, assist in the implementation of the Constitution and the law.
Deputies to the National People's Congress should maintain close contact with the units that elected them and with the people, listen to and reflect the opinions and demands of the people, to serve the people.
Seventy-seventh
deputies to the National People's Congress are subject to supervision by the units which elected.On behalf of the electoral units have the right in accordance with the law procedures prescribed the unit selected.
The organization and working procedures of the Standing Committee of the Seventy-eighth
National People's Congress and the National People's Congress shall be prescribed by law.
The second section
chairman of the people's Republic of China
The chairman, vice chairman of the people's Republic of China seventy-ninth
elected by the National People's congress.
Have the right to vote and the citizens of the people's Republic of China to be elected by over forty-five years of age can be elected as vice chairman, chairman of the people's Republic of china.
Vice president of the people's Republic of China, the term of office of the chairman of the National People's Congress is elected for a term of the same, shall serve no more than two consecutive.
The eightieth president of the people's Republic of China
according to the Standing Committee of the National People's Congress and the decision of the National People's Congress's decision, announced the appointment and removal of legal, premier of the State Council, vice premier, state councilor, various ministries and commissions, the auditor general, Secretary general, confers state medals and titles of honor, Amnesty released, declared a state of emergency, to declare a state of war, issues mobilization orders.
The eighty-first president of the people's Republic of China
on behalf of the people's Republic of China, state activities, receiving foreign envoys; according to the Standing Committee of the National People's Congress decision, appoints and recalls plenipotentiary representatives abroad, and ratifies and abrogates treaties and important agreements.
The eighty-second vice president of the people's Republic of China
assists the president in his work.
Commission Vice Chairman of the people's Republic of China by the chairman may exercise certain functions and powers of the chairman.
Eighty-third
chairman of people's Republic of China, vice chairman shall exercise its functions and powers by the National People's Congress elected chairman, vice chairman of the inauguration.
When the eighty-fourth president of the people's Republic of China
falls vacant, the vice president succeeds to the office.
The vice president of the people's Republic of China falls vacant, the National People's Congress election.
The vice president of the people's Republic of China, chairman of, from National People's Congress; prior to such election, the chairman of the Standing Committee of the National People's Congress long temporarily act as the president.
Section third of the State Council
The State Council of the people's Republic of China eighty-fifth
, or the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration.
Eighty-sixth
Council is composed of the following:
Prime minister,
Deputy Prime Minister of,
State Councilor of several people,
The minister,
The Committee director,
The auditor general,
General secretary.
The State Council is in charge of the prime minister.Ministries, commissions under secretary, director responsibility system.
The relevant provisions of the state council.
Article eighty-seventh the State Council
term as the National People's Congress is elected for a term of the same.
The premier, vice premiers, State Councilors shall serve no more than two consecutive.
Eighty-eighth
premier directs the work of the state council.The vice premiers, State Councillors assist the premier in his work.
The prime minister, deputy prime minister, state councilor, Secretary General of the State Council executive meeting.
The Premier convenes and presides over the executive meetings and plenary meetings of the state council.
Article eighty-ninth the State Council shall exercise the following powers
:
(a) in accordance with the Constitution and the laws, regulations and administrative measures, enact administrative rules and regulations, decisions and orders issued;
(two) introduced a bill to the Standing Committee of the National People's Congress or the National People's congress;
(three) the provisions of the ministries and commissions of the tasks and responsibilities, the unified leadership of the ministries and commissions, and leadership does not belong to the ministries and commissions of the national administrative work;
(four) unified leadership over local organs of State Administration at various levels shall work, detailed division of state administrative organs of the central and provincial, autonomous region, municipality directly under the central government authority;
(five) to draw up and implement the plan for national economic and social development and the state budget;
(six) the leadership and management of economic work and urban and rural construction;
(seven) the leadership and management of the education, science, culture, health, sports and family planning work;
(eight) the leadership and management of civil affairs, public security, judicial administration and supervision work;
(nine) the management of foreign affairs, conclude treaties and agreements with foreign states;
(ten) the leadership and management of national defense construction;
(eleven) the leadership and management of national affairs, to guarantee the equal rights of minority nationalities and the autonomy of national autonomous areas;
(twelve) to protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives;
(thirteen) to change or cancel the Department, the Committee issued inappropriate orders, directives and regulations;
(fourteen) alters or annuls inappropriate decisions and orders issued by local organs of State Administration at different levels;
(fifteen) region approved by the provincial, autonomous regions and municipalities, approve the establishment and geographic division of Autonomous Prefecture, county, Autonomous County, city;
(sixteen) in accordance with the law determines the state of emergency area of province, autonomous region, or municipality directly under the central government in entering;
(seventeen) the preparation of audited agencies, appointment and removal, in accordance with the law, training, examination and rewards and punishments administrative personnel;
(eighteen) the other powers granted by the Standing Committee of the National People's Congress and the National People's congress.
Chairman of the Committee of ninetieth
State Council ministry minister, in charge of the Department; convene and preside over the meetings of the committee, the executive meeting or committee meeting, discuss and decide on major issues in the work of their respective departments.
Ministries, commissions in accordance with the laws and administrative regulations of the State Council, decided, in order, within the jurisdiction of their respective departments, issue orders, directives and regulations.
Article ninety-first the State Council shall establish audit institutions
, the financial revenue and expenditure of all departments under the State Council and local governments at all levels, the national financial institutions and enterprises and institutions of the financial budget, audit and supervision.
Audit institutions at the premier of the State Council leadership, in accordance with the law independently exercise their power of supervision through auditing, no other administrative organs, social groups and individuals.
Ninety-second
under the State Council shall be responsible and report on its work to the National People's Congress; when the National People's Congress is, to the Standing Committee of the National People's Congress shall be responsible and report.
The Central Military Commission in fourth
Ninety-third
Central Military Commission of the people's Republic of China directs the armed forces.
The Central Military Commission is composed of the following:
Chairman.
Vice chairmen,
A number of members.
The Central Military Commission the chairman.
The Central Military Commission term as the National People's Congress is elected for a term of the same.
Ninety-fourth
chairman of the Central Military Commission is responsible to the Standing Committee of the National People's Congress and the National People's congress.
The fifth section
local people's congresses and local people's governments at various levels
Ninety-fifth
Province, municipality directly under the central government, city, county, city, District, township, nationality township, the town established the people's Congress and the people's government.
Local people's congresses and local people's governments at different levels shall be prescribed by law.
Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties.The organization and work of the organs of self-government in accordance with the basic principles of the constitution of third chapter fifth, section sixth shall be prescribed by law.
Ninety-sixth
local people's congresses at various levels are the local organs of state power.
At or above the county level shall be established by local people's congresses standing committee.
The people's Congress districts of the ninety-seventh
Province, municipality directly under the central government, city, represented by the people's Congress at the next lower level people's Congress election; the county, city not divided into districts, municipal districts, townships, nationality townships, the town of representatives elected directly by voters.
Local people's congresses at various levels and represent the resulting number prescribed by law.
Each term of ninety-eighth
local people's congresses in five years.
Ninety-ninth
local people's Congress in the administrative area, ensure the observance and implementation of the constitution, laws, administrative rules and regulations; the authority in accordance with the law, through and issue resolution, examination and decision of the local economic construction, cultural construction and public facilities construction plan.
Local people's congresses at and above the county level and approved by the examination of the administrative areas of the national economic and social development plans, budgets and their execution situation report; the right to change or revoke the decision of the Standing Committee of the people's Congress does not appropriate.
The people's congresses of nationality townships as prescribed by law, to take specific measures suited to the characteristics of the nationalities.
100th
Province, municipality directly under the central government of the people's congresses and their standing committees, the premise in the constitution, laws, administrative regulations conflict, can make local regulations, be submitted to the Standing Committee of the National People's Congress for the record.
101st
local people's congresses elect, and have the right to recall the people's government at the same level, governors and deputy governors, mayors and deputy mayors, county magistrate and deputy magistrate, governor and deputy governor, mayor and deputy mayor, mayor and vice mayor.
Local people's congresses at and above the county level shall elect and have the power to recall the people's court at the same level people's Procuratorate at the corresponding level and the long.The election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators, superior to the approved by the Standing Committee of the people's congress.
The people's Congress districts of the 102nd
Province, municipality directly under the central government, city represent the supervision by the units which elected; people's Congress of a county, city not divided into districts, municipal districts, townships, nationality townships, towns represent the supervision by the constituency.
The electoral units and voters to local people's congresses at various levels shall have the right in accordance with legal procedures prescribed by their elected representatives.
103rd
at or above the county level of the local people's Congress Standing Committee Deputy Director, by some person and composed of several members, to the people's congresses at the corresponding levels are responsible and report on their work.
Members of the local people's Congress at or above the county level have the right to recall election and the Standing Committee of the people's congress.
Members of 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.
104th
at or above the county level of the local people's Congress Standing Committee to discuss, decide major matters in all aspects of work within their respective administrative areas; supervision of the people's government, people's court and the people's Procuratorate work; annul inappropriate decisions and orders of people's governments at the corresponding levels; revoked the people's Congress at the next lower level of inappropriate resolutions the appointment or removal of the decision; the staff of state organs in accordance with the law of the jurisdiction; during the meeting in the people's Congress at the corresponding level, individual representatives recall and upper level people's Congress.
105th
local people's governments at various levels are the executive bodies of local organs of state power at all levels of administrative organs, is the local state.
Local people's governments at various levels shall be responsible for the preparation of governor, mayor, county, District, township, the mayor.
106th
local people's governments at all levels of each term of office of the people's congresses at the same.
107th
at or above the county level people's government authority in accordance with the law, management of the administrative areas of economic, educational, scientific, cultural, health, sports, urban and rural development, finance, civil affairs, public security, national affairs, judicial administration, supervision, family planning and other administrative work, and issue decisions and orders, appointment, training, assessment and rewards and punishment of administrative staff.
The people's governments of townships, nationality townships, towns execute the resolutions of the people's Congress and the state administrative organs at higher levels of management decisions and orders, administrative work in their respective administrative areas.
The people's Government of the province, municipality directly under the central government decide on the establishment and regional division of townships, nationality townships, the town of.
108th
at or above the county level people's governments at all levels of leadership of their subordinate departments and people's governments at lower levels, have the right to change or revocation of their subordinate departments and people's governments at lower levels of inappropriate decisions.
109th
auditing bodies are established by local people's governments at or above the county level.Local audit institutions at various levels in accordance with the law independently exercise their power of supervision through auditing, responsible to the people's government at the corresponding level and the auditing body at the next higher level.
110th
local people's governments at various levels are responsible and report on their work to people's congresses at the corresponding levels.During the period of the local people's governments at or above the county level is when the people's Congress, the Standing Committee of the people's Congress shall be responsible and report.
Local people's governments at all levels of administrative organs at the next higher level are responsible and report on the work of national.Local people's governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council, obey.
111st
city and rural residential area set up by the residents committees and villagers committees are grass-roots mass self-government organizations.The residents committee, chairman, vice chairmen and members of a villagers committee are elected by the residents.The residents' committee, villagers' committee relations with government by law.
The residents' committee, villagers committee people's mediation, public security, public health and other committee, for the living area of public affairs and public welfare undertakings, mediate civil disputes, help maintain public order, and reflect the opinions of the masses, the people's Government of the requirements and suggestions.
The organs of self-government of the national autonomous areas
section Sixth
The organs of self-government of the national autonomous areas 112nd
is an autonomous region, autonomous prefecture, Autonomous County People's Congress and the people's government.
113rd
autonomous regions, autonomous prefectures, Autonomous County People's Congress, in addition to representatives of the nationality exercising regional autonomy, on behalf of other living in the administrative areas of the nation should also include an appropriate number of.
The Standing Committee of the people's congresses of the autonomous regions, autonomous prefectures and autonomous counties, in exercising regional autonomy should be citizens of the ethnic group director or deputy director.
114th
chairmen of autonomous regions, autonomous prefectures, autonomous county shall be a citizen of the nationality exercising regional autonomy as.
Local organs of state organs of self-government in 115th
autonomous regions, autonomous prefectures and autonomous counties, the exercise of chapter third section fifth authority, at the same time, in accordance with the provisions of constitution, law of regional national autonomy and other laws of the authority to exercise the power of autonomy, according to the local actual situation and implement the laws, policies of the state.
116th
people's congresses of the autonomous areas have the right in accordance with the characteristics of the local ethnic political, economic and cultural, to formulate autonomous regulations and separate regulations.The autonomy regulations and specific regulations of autonomous regions, reported to the Standing Committee of the National People's Congress for approval.Autonomous prefectures and autonomous counties, autonomous regulations and separate regulations, the Standing Committee of the people's Congress of the province or autonomous region for approval, and reported to the Standing Committee of the National People's Congress for the record.
The organs of self-government of the national autonomous areas 117th
have the power of autonomy in management of local finance.Pursuant to the financial system of the state revenues accruing to the national autonomous areas, should be managed and used independently by the organs of self-government of the national autonomous areas.
118th
organs of self-government in the national plan of instruction, independently arrange for and administer local economic development.
When the country in national autonomous development of resources, the local construction enterprises, should take care of the interests of the national autonomous areas.
The organs of self-government of the national autonomous areas 119th
autonomous management of the local education, science, culture, health, sports, protection and arrangement of national cultural heritage, the development and the prosperity of the national culture.
120th
organs of self-government in accordance with the military system of the state and practical local needs, with the approval of the State Council, can organize local public security forces.
121st
organs of self-government in performing their duties, in accordance with the provisions of the autonomous regulations, the use of local common one or several languages.
122nd
countries from financial, material, technical assistance to the minority nationalities to accelerate their economic and cultural development.
The state helps the national autonomous areas train large numbers of cadres at various levels, various kinds of professional and technical workers.
The seventh section
people's courts and the people's Procuratorate
The people's court 123rd
of the people's Republic of China are the judicial organs of the state.
124th
of the people's Republic of China has established the Supreme People's court, the local people's courts at different levels, military courts and other special people's courts.
The president of the Supreme People's court term as the National People's Congress is elected for a term of the same, shall serve no more than two consecutive.
The organization of people's courts shall be prescribed by law.
125th
court special situation, in addition to the provisions of law, shall be heard in public.The accused has the right to defense.
126th
people's court in accordance with the law, exercise judicial power independently, not by administrative organs, social groups and individuals.
127th
the Supreme People's court is the highest judicial organ.
The Supreme People's court supervision of local people's courts at various levels and of the special people's court, the superior people's court for trial supervision work of the lower court.
128th
the Supreme People's court is responsible to the National People's Congress and Standing Committee of the National People's congress.Local people's courts at all levels responsible for creating its national authority.
129th
PRC People's Procuratorate is the national legal supervision organs.
130th
of the people's Republic of China establishes the Supreme People's Procuratorate, local people's procuratorates at all levels and the military procuratorates and other special people's procuratorate.
The Supreme People's Procuratorate term as the National People's Congress is elected for a term of the same, shall serve no more than two consecutive.
The organization of people's procuratorates is prescribed by law.
131st
people's Procuratorate in accordance with the law, exercise procuratorial power independently, not by administrative organs, social groups and individuals.
132nd
the Supreme People's Procuratorate is the supreme procuratorial organs.
The Supreme People's Procuratorate directs the people's procuratorates at various local levels and of the special people's procuratorates work, superior people's Procuratorate directs the work of the lower level people's procuratorate.
133rd
Supreme People's Procuratorate is responsible to the Standing Committee of the National People's Congress and the National People's congress.The local people's procuratorates at different levels are responsible to the organs of state power which created them and to the people's procuratorate.
Citizens of all nationalities 134th
useful this national language of litigation rights.The people's courts and the people's Procuratorate to not understand the local language lawsuit participates in a person, should provide for their translation.
In minority nationality or nationalities live together in one area, hearings should be conducted in the language commonly used in the locality; indictments, judgments, notices and other documents should be according to use one or several local languages and general requirement.
135th
people's court, people's Procuratorate and the public security organs shall, in handling criminal cases, division of responsibilities, cooperate with each other, mutual constraints, to ensure the correct and effective enforcement of the law.
The fourth chapter
flag, national anthem, the national emblem, the capital
The national flag of the people's Republic of China 136th
is a red flag with five stars.
The National Anthem of the people's Republic of China is the "March of the volunteers".
The national emblem of the people's Republic of China 137th
, middle is the Tiananmen star shining, is around the ears and gear.
138th
Beijing is the capital of the people's Republic of china.