The people's Republic of China Constitution (1975Years)

(1975Years1Month17The first session of the people's Republic of China on the fourth session of the National People's Congress)

Sequence    Words

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 historical period of considerable length. 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 need to consolidate the great unity of the leadership of the working class and based on the worker peasant alliance of people of all ethnic groups, the development of the Revolutionary United front. 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!

First chapter    The total    Gang

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.

Article second    The Communist Party is the core of leadership of the whole China Chinese people. 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.

Article third    All power in the 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.

Article fifth    There are two main types 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.

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.

Article 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    National implementation of "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    National implementation of 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    State organs 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.

Article twelfth    The proletariat must in the superstructure including various cultural fields, exercise all-round dictatorship over the bourgeoisie. Cultural education, arts, sports and health, scientific research must serve proletarian politics, service for the workers, combined with production and labor.

Article thirteenth    Da Ming, large, in the debate, the big character Poster, is a new form of the creation of masses of 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    Countries 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.

Article fifteenth    Chinese 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    National Institutions

The first section    The National People's Congress

Article sixteenth    The 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.

Article seventeenth    The 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 believes that other powers shall be exercised it.

Article eighteenth    The Standing Committee of the 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.

The second section    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 national administrative affairs; other powers granted by the National People's Congress and its Standing Committee. The.

The third section    Local people's congresses and local revolutionary committees at various levels

Article 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    Local Revolutionary Committee at all levels is a permanent organ of local people's congresses, is also the 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.

Article twenty-third    Local people's congresses and it produces 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, review and approval of the local national economic plan and budget and final accounts, maintaining the order of revolution, the protection of civil rights.

The fourth section    The organs of self-government of the national autonomous areas

Article 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.

The fifth section    Judicial 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    Basic civil rights and obligations

Article twenty-sixth    Basic civil rights and obligations is China, 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.

Article 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, the freedom 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    The national 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.