[reproduced] Chinese constitution text

The original address:The full text of the constitution ChinaAuthor:Lifedna

The constitution of the Republic of China (Quan Wen)(Xinhuanet.com2004-03-1518:05:03) Source: xinhuanet.com    Xinhuanet.com Beijing 15 March, the constitution of the PRC    (by December 4, 1982 Fifth National People's Congress fifth conferenceIn December 4, 1982 the National People's Congress promulgated the notice    According to the April 12, 1988 seventh session of the 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 ninth session of the National People's Congress passed the second meeting of the "people's Republic of China Constitution Amendment case" and in March 14, 2004 the Tenth National People's Congress second conference adopted "the people's Republic of China constitutional amendment" correction)         MeshRecord         Preface    First chapterGeneral programme    The second chapterBasic civil rights and obligations    The third chapterNational Institutions    The first sectionThe National People's Congress    The second sectionPresident of the people's Republic of China    The third sectionThe State Council    The fourth sectionThe Central Military Commission    The fifth sectionLocal people's congresses and local people's governments at various levels    The sixth sectionThe organs of self-government of the national autonomous areas    The seventh sectionThe people's courts and the people's Procuratorate    The fourth chapterThe national flag, national anthem, the national emblem, the capital         SequenceWords         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 0 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.         First chapterThe totalGang         Article 1The 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.    Article secondAll power in 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.    Article thirdNational institutions of the people's Republic of China shall 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.    Article fourthAll ethnic groups in 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.    Article fifthThe 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.    Article SixthThe basis of the socialist economic system of the people's Republic of China is the 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.    Article seventhThe 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.    Article eighthRural 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.    Article ninthNatural resources and mineral, water, forests, mountains, grassland, uncultivated land, beaches and other areas, 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.    Article tenthCity of the 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.    Article eleventhIn the range of 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.    Article twelfthSocialist 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.    Article thirteenthThe 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.    Article fourteenthCountries 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.    Article fifteenthThe State practices the socialist market economy.    The state strengthens economic legislation, improves macro regulation and control.    The law any organization or individual to disrupt social economic order.    Article sixteenthState owned 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.    Article seventeenthCollective 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.    Article eighteenthThe 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.    Article nineteenthDevelopment 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 twentiethThe national development of the natural and Social Sciences, popularize knowledge of science and technology, rewards achievements in scientific research and technological inventions.    Article twenty-firstThe national medical and health development, 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, the protection of people's health.    The national sports development, to carry out mass sports activities, enhance the people's physique.    Article twenty-secondThe national development and 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.    Article twenty-thirdThe state 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.    Article twenty-fourthCountries 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.    Article twenty-fifthThe state promotes family planning, population growth and economic and social development plans to adapt.    Article twenty-sixthThe state protects and improves the living environment and the ecological environment, prevent pollution and other public hazards.    The state organizes and encourages afforestation, forest protection.    Article twenty-seventhAll 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.    Article twenty-eighthCountries 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.    Article twenty-ninthThe 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.    Article thirtiethThe following 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.    Article thirty-firstThe 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.    Article thirty-secondThe 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 chapterBasic civil rights and obligations         Article thirty-thirdWhere has the nationality of the people's Republic of 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.    Article thirty-fourthThe people's Republic of China 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; however, deprived of political rights according to law except.    Article thirty-fifthCitizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom.    Article thirty-sixthCitizens 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.    Article thirty-seventhCitizens of the people's Republic of China enjoy freedom.    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.    Article thirty-eighthThe personal dignity of citizens of the people's Republic of China are not violated. Prohibition of civil insult, slander and false accusation by any means.    Article thirty-ninthCitizens of the people's Republic of China are not violated residential. To illegally search or invade citizens prohibit residential.
Article fortiethThe freedom and privacy of correspondence of citizens of the people's Republic of China shall be 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.    Article forty-firstCitizens of the people's Republic of China for 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.    Article forty-secondCitizens 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-thirdThe 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.    Article forty-fourthState in accordance with the law to implement 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.    Article forty-fifthThe people's Republic of China 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.    Article forty-sixthCitizens 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.    Article forty-seventhCitizens of the people's Republic of 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-eighthThe 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.    Article forty-ninthMarriage, 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.    Article fiftiethThe 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.    Article fifty-firstCitizens of the people's Republic of China in the exercise of rights and freedoms, must not harm national, social, collective interests and other legitimate rights and freedom.    Article fifty-secondCitizens of the people's Republic of China is to safeguard national unity and solidarity of all nationalities in the country's obligations.    Article fifty-thirdCitizens 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.    Article fifty-fourthCitizens 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.    Article fifty-fifthThe defence of the motherland, the people's Republic of China is the sacred duty of every citizen to 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.    Article fifty-sixthCitizens of the people's Republic of China to pay taxes in accordance with legal obligations.         The third chapterNational Institutions         The first sectionThe National People's Congress         Article fifty-seventhThe National People's Congress of the people's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's congress.    Article fifty-eighthThe Standing Committee of the National People's Congress and the National People's Congress exercises the legislative power of the state.    Article fifty-ninthThe 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.    Article sixtiethEach term of office of the 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.    Article sixty-firstThe 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 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.    Article sixty-secondThe 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.    Article sixty-thirdThe 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.    Article sixty-fourthThe 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.    Article sixty-fifthThe 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 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.    Article sixty-sixthThe Standing Committee of the National People's Congress is elected for a 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.    Article sixty-seventhThe Standing Committee of the National People's Congress exercises the following functions:    (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.    Article sixty-eighthMember of the Standing Committee of the 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.    Article sixty-ninthThe Standing Committee of the National People's Congress responsible and report on its work to the National People's congress.    Article seventiethThe 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.    Article seventy-firstThe Standing Committee of the 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.    Article seventy-secondMembers of the Standing Committee of 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.    Article seventy-thirdDuring 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, commissions of inquiry. The authorities must be responsible to answer inquiries.    Article seventy-fourthDeputies 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.    Article seventy-fifthDeputies to the National People's Congress various meetings and voting, will not be investigated by law.    Article seventy-sixthDeputies 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.    Article seventy-seventhDeputies 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.    Article Seventy-eighthThe organization and working procedures of the Standing Committee of the National People's Congress and the National People's Congress shall be prescribed by law.         The second sectionPresident of the people's Republic of China         Article seventy-ninthVice president of the people's Republic of China, the president 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.    Article eightiethThe people's Republic of China, chairman of the Standing Committee of the National People's Congress, according to the decision of the National People's Congress and decide, promulgating laws, premier of the State Council, and Deputy Prime Minister, State Councilors, ministers, commissions, the auditor general, secretary general, awarded the state medals and titles of honor, Amnesty released, declared a state of emergency, to declare a state of war, issues mobilization orders.    Article eighty-firstThe 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 abrogation of treaties and important agreements concluded with foreign states.    Article eighty-secondVice 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.    Article eighty-thirdThe people's Republic of China president, vice chairman shall exercise its functions and powers by the National People's Congress elected chairman, vice chairman of the inauguration.    Article eighty-fourthWhen the people's Republic of China president, 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.         The third sectionThe State Council         Article eighty-fifthThe people's Republic of China, the State Council, 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 eighty-sixthThe State 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-seventhThe 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.    Article eighty-eighthThe premier directs the work of the. 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-ninthThe 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.    Article ninetiethChairman of the Committee of the State Council, the 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-firstAuditing bodies are established by the State Council, 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.    Article ninety-secondThe 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 sectionThe Central Military Commission
         Article ninety-thirdThe 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.    Article ninety-fourthThe chairman of the Central Military Commission is responsible to the National People's Congress and Standing Committee of the National People's congress.         The fifth sectionLocal people's congresses and local people's governments at various levels         Article ninety-fifthProvince, 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.    Article ninety-sixthLocal 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.    Article ninety-seventhProvince, municipality directly under the central government, districts of the city by the people's congresses at the next level people's Congress election; the people's congresses of counties, cities 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.    Article ninety-eighthEach term of office of local people's congresses in five years.    Article ninety-ninthLocal people's congresses at various levels 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.    Article 100thProvince, 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.    Article 101stLocal 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.    Article 102ndProvince, municipality directly under the central government, districts of the city people's Congress supervision by original electoral unit; 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.    Article 103rdThe Standing Committee of a local people's Congress at or above the county level by the deputy director, several people and members of several members, to 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.    Article 104thThe Standing Committee of a local people's Congress at or above the county level to discuss, decide on major issues in all fields of work in 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 the people's government at the corresponding level; cancel the people's Congress at the next lower level inappropriate resolutions of the decision; the appointment and removal of personnel 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.    Article 105thLocal 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.    Article 106thLocal people's governments at all levels of each term of office of the people's congresses at the same.    Article 107thThe local people's governments at or above the county level 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 reward 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.    Article 108thThe local people's governments at or above the county level leadership at all levels 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.    Article 109thAuditing 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.    Article 110thLocal 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.    Article 111stCity 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 recommendations.         The sixth sectionThe organs of self-government of the national autonomous areas         Article 112ndAutonomous organs of the autonomous region, autonomous prefecture, Autonomous County People's Congress and the people's government.    Article 113rdAutonomous 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.    Article 114thThe chairman of an autonomous region, autonomous prefectures, autonomous county shall be a citizen of the nationality exercising regional autonomy as.    Article 115thLocal organs of state organs of self-government of 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 actual situation of the local implementation of legal, policy of the state.
Article 116thPeople'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.
    Article 117thOrgans of self-government of the national autonomous areas have the power of autonomy in the 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.    Article 118thThe 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.    Article 119thThe organs of self-government of the national autonomous areas independently administer local education, science, culture, health, sports, protection and arrangement of national cultural heritage, the development and the prosperity of the national culture.    Article 120thThe 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.    Article 121stThe 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.    Article 122ndCountries from the 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 sectionThe people's courts and the people's Procuratorate         Article 123rdThe people's Court of the people's Republic of China are the judicial organs of the state.    Article 124thThe 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.    Article 125thThe 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 126thThe people's court in accordance with the law to exercise judicial power independently, not by administrative organs, social groups and individuals.    Article 127thThe 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.    Article 128thThe 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.    Article 129thThe people's Procuratorate of the people's Republic of China are state organs for legal supervision.    Article 130thThe 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.    Article 131stThe people's Procuratorate in accordance with the law, exercise procuratorial power independently, not by administrative organs, social groups and individuals.    Article 132ndThe 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.    Article 133rdThe Supreme People's Procuratorate is responsible to the National People's Congress and Standing Committee of 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.    Article 134thCitizens of all nationalities have the 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.    Article 135thThe people's court, the people's procuratorates 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 chapterThe national flag, national anthem, the national emblem, the capital         Article 136thThe national flag of the people's Republic of China is a red flag with five stars.    The National Anthem of the people's Republic of China is the "March of the volunteers".    Article 137thThe people's Republic of China national emblem, the middle is the Tiananmen star shining, is around the ears and gear.    Article 138thBeijing is the capital of the people's Republic of china. (end)