Selected readings of constitutions two - Federal Republic of Germany the

2001The basic law of the Federal Republic of Germany

The basic law of the Federal Republic of Germany
1945.5.23Publish
1955.3.15Execute
1994.10The latest revision
1995.11.3Revision
1997.10.20Revision
1998.3.26Revision
1998.7.16Revision
2000.11.29Revision
2001.11.26Revision

Zhu Jianmin the
Translated by Chen Chongzeng
Zhang Tongrui the
Lin Ziping the

The first chapter of basic rights
Article 1
A man of dignity, shall not be infringed, respect and protect the dignity as the duty of all state authority.
Two, therefore, the German people admit that no human rights violations and inalienability of, As the foundation of all human society and world peace and justice.
Three, the following basic rights restrain the legislative, administrative and judicial rights directly and effectively.
Article second
A, everyone has the right to freedom of the personality development, but not limited to infringe the rights of others or do not violate the constitutional order or the moral standard.
Two, everyone has the right to life and physical inviolability. Personal freedom and inviolability. Such rights only according to the law before the intervention.
Article third
A, everyone is equal before the law.
Two, men and women have equal rights, countries should promote the practical implementation of gender equality, and removed the existing discrimination.
Three, no person shall be discriminated against or privileges because of gender, origin, race, language, nationality, origin, faith, religious or political views. No person shall be discriminated against because of their disability.
Article fourth
A, faith and freedom of conscience and freedom of religion and expression of the world outlook inviolability.
Two, religious ceremony should protect their without hindrance.
Three, no person shall be forced against their conscience, armed serve war service, the rules set by federal law.
Article fifth
A, everyone is with language, text and pictures free representation and spread its opinion right, and from the general public to accept the knowledge sources and unimpeded rights. The freedom of the press and broadcast and movie news freedom should be guaranteed. Inspection system should be set up.
Two, these rights, in accordance with the provisions of general legal protection of children, the regulations and the rights of personal fame, restrictions.
Three, research and teaching art and science, is freedom, freedom of teaching may not be exempted from loyalty to the constitution.
Article Sixth
Special protection, marriage and family to the country.
Two, upbringing and education for the children of parents of natural rights, also the highest obligation, the exercise of supervision by the state.
Three, but in raising human rights cannot do their rearing obligation, or for other reasons. When the children have been abandoned, only according to the will raise right violates the law, the child and family separation.
Four, where the mother had asked people to protect and care for the right.
Five, physical and mental development of children born out of wedlock and social status, should be given the same legislation and children born in wedlock.

Article eighth
A, all German per capita has the right to peaceful assembly and carried no weapons, no prior reports or license.
Right two, open meetings to legislation or under the legal limit.
Article ninth
A, all German per capita has the right of association.
The thinker two, association or its activities and criminal law conflict or violates the constitutional order or international understanding, shall be prohibited.

Article eleventh
A, all the Germans in the federal territories are entitled to freedom of migration.
Two, this right only lack sufficient survival foundation and public from the special burden, or to prevent the dangers posed by the federal or state or the free democratic basic principles, or to prevent the epidemic disease, natural disaster or major incidents, or for the protection of children from being abandoned, or for the prevention of crime and the when necessary, in accordance with the legal limit of the beginning.
Article twelfth
A, all German per capita have freedom of choice of occupation, the right of the place of work and place of occupation training, implementation of management in accordance with the law.
Two, no person shall be forced to specific work, but the habit is general and mandatory all equal per capita in public service, the limit.
Three, only by the court forced labor in the deprivation of liberty, which allowed.
Article thirteenth
A residence, shall not be infringed.
Two, the search only the judge ordered, or in case of emergency, by other statutory authorities ordered was for its implementation, and shall be in accordance with legal procedures.
Article fourteenth
One, property rights and the right of inheritance shall be guaranteed, its content and limited by the law.
Two, property rights obligations. The exercise of property rights should also be beneficial to the public welfare.
Three levy, property, must be for the public welfare began to. The execution according to the law, must start to, the law should stipulate the nature and scope of compensation. The compensation decision shall benefit balance the public interest and public relations people. The scope of compensation if a dispute, may bring a lawsuit to the ordinary courts.

Article eighteenth
Any abuse of the freedom of speech, freedom of the press (especially the fifth paragraph 1), freedom of teaching (Fifth Third), freedom of assembly and freedom of Association (eighth), (ninth), letters, mail and Telecommunications secret (tenth), property rights (Fourteenth), or the protection power (sixteenth one of the basic order of attack), free, democratic, should be deprived of such basic rights. These rights deprivation and scope of the Federal Constitutional Court declared by the.
Article nineteenth
One, where the basic rights according to the basic law to legal restrictions, the law should be general, and shall not apply only to particular events, except that the law and should specifically cited the provisions of the restrictions that the fundamental rights.
Two, the basic rights of the content must not be infringed.
Three, basic rights also applies to the domestic legal person, but according to their nature may apply to limited.
Four, the right of any person under a violation, may bring an action. If there is no other authority, to sue to the ordinary courts, but the provisions of article tenth of the second paragraph shall not be affected.

The second chapter of federal and state
Article twentieth
One, the Federal Republic of Germany(Bundesrepublik Deutschland)As a federal state, social democracy.
Two, all state powers come from the people. The power of the state, by people in elections and referendums, and exercised by the legislative, administrative and judicial organs are separate with each other.
Three, legislation should limit the Constitution limits, administrative power and judicial power to the legislative power and the law.
Four, who engaged in the exclusion of the order, such as no other remedy, shall have the right to resist any Germans.
One of twentieth
Countries for future generations, is responsible to the legislation, and according to the provisions of the laws and law through administrative and judicial, the constitutional order within the living environment of nature.
Article twenty-first
A party shall, in people's politics. Political freedom. The organization shall comply with the principles of democracy. Political parties should publicly explain the sources of their funds and property and use.
Two, according to the party and its members behavior, basic order intent to injure or abolish liberty, democracy or intention to harm in the Federal Republic of Germany's, unconstitutional. To the constitutionality of federal constitution, by the decision of the court.
Three, the rules by federal legislation.
Article twenty-second
The union flag is black, red, gold tricolor.
Article twenty-eighth
A, state constitutional order shall be in accordance with the law and social democracy as prescribed in this law, the principle of the republic. States, counties and towns people should have representative organs through general, direct, free, equal and secret elections. In the county and township elections, with the member states of the European Communities of nationality people, according to the regulations of the European Community law, also enjoy the right to vote and
The right to be elected. The village people meeting instead of missions in the township.
Article thirty-first
Federal law is superior to state law.
Article thirty-second
Maintain, foreign relations for federal affairs.
Two, relates to a state treaty to special circumstances, to be concluded as early as possible before the counseling the state.
Three, the state in which the legislative authority, the federal government approved, have to conclude a treaty with a foreign.
Article thirty-third
A, all the German people in the states are of equal citizenship(staatsburgerliche) The rights and obligations.
Two, all the German people should be the appropriate skills and professional achievement, has the same right to hold public office.
Three, civil rights(burgerliche Rechte)And civil rights(staatsburgerliche Rechte)Enjoy the rights and the right to hold public office, and made as the official, has nothing to do with religion. No person shall be due to believe or not to believe in a religion or philosophy(Weltanschauung)And discrimination.
Four, national sovereignty(hoheitsrechtiche Befugnisse)In the exercise, under normal circumstances, should be fixed duties are civil servants, the civil service on the basis of public service, loyalty.
Five, the civil servant law, Should fully consider the occupation of civil servants(Berufsbeamtentum)The traditional principles and provisions of the legal status of.
Article thirty-fourth
Any person delivering of public duties as, such as breach of duty for the opposition to the third position on, the responsibility principle shall be made by the state or the Office organs negative. In case of intent or gross negligence, shall retain the right to claim compensation. On damages and compensation request, may bring a lawsuit to the ordinary courts.

Article thirty-eighth
One, the Federal Parliament(Bundestag)Senator Yi Putong, direct, free, equal and secret elections election. Representatives from all the people, Uninhibited commands and instructions, subject only to the conscience.
The two, who have reached the age of eighteen who have the right to vote, adults have the right to be elected.
Three, the rules by federal law.
Article forty-third
One, the Federal Parliament and the Council have asked the federal government to any person to attend.
Two, the federal Senate, the federal government of prime minister and cabinet and appointed personnel, are all meetings to attend the Federal Parliament and council. The man has always stated right.

Article forty-sixth a, not because of its members in the federal parliament vote or speak, take legal or disciplinary action on the outside, also not responsible for the federal parliament. But this does not apply.
Two, without permission of the Federal Parliament, members shall not be pursued for criminal behavior or arrest, but in flagrante delicto arrest or next day fill this restriction shall not apply to.
Article forty-eighth
A campaign to the Federal Parliament, who has asked for the necessary holiday campaign, right.
Two, no person shall interfere with his duties or executive councillors. And shall not thus dismissal or removal notice.
Two, members have adequate remuneration to maintain their independent rights, member country vehicles travel free on the right. The provisions of these rules by federal law.
Article fifty-first
One, the Senate by the state government appointed and recruitment of the state government committee organization, the senator from other members of the state government representative.
Two, each state shall have at least three of the vote; a population of more than two million of the state should have four votes; a population of more than six million states have five votes; a population of more than seven million states have six votes.
Three senators, each state school and vote the same. The tickets can only collective vote, and only by attending a senator or representative vote.
The fifth chapter president
Article fifty-fourth
One, the federal president(Bundespraesident)By the Federal Assembly(Bundesversammlung)Without this election. The German people who has a federal election and at least forty years of age, have the right to be elected.
Two, the federal presidential term of five years, the selection is limited to one time.
Three, the general assembly by the Federal Parliament and state representative organs according to the proportional representation electoral principles and Federal Parliament represent the same number of organizations.
Article fifty-sixth
Federal president took office, should be prior to the Federal Parliament and the federal Senate set oath, the oath is as follows: "I pledge: willing to promote happiness the German people, promote the interests of the German people from disaster, the German people, upholding the basic law and the laws of the union, loyal, fair. May God worshiping. Pledge "excludes religious oath sworn.
Article sixty-ninth
A federal prime minister, appointed by the federal cabinet Deputy Prime minister.
Position two, Federal Chancellor and federal minister, in any case, should cease with the new federal parliament meeting, federal cabinet position also with the federal Prime Minister post due to other causes termination.
Three, the federal prime minister by the federal president, federal ministers requested Federal Chancellor or president, should continue to carry out its duties to the succession of life.
The ninth chapter justice
Article ninety-second
Judicial power delegated by the federal constitutional court to judge(Bundesverfass- ungsgericht) The basic law, the provisions of the federal courts.(Bundesgerichte)And state courts(Gerichte der Lander)Respectively, the exercise of.

Article ninety-seventh
One, the judge should be the independent exercise of powers, and only obey the law.
The two, the non formal appointment by the court, and according to the legal reasons, in accordance with legal procedures, before the expiration of his term, shall not violate the will be removed, or permanently or temporarily be suspended or transferred, or their retirement.
Legal provisions of tenured judges retirement age. In the court of the organization or its jurisdiction is altered, the judge was transferred to other court or suspended, but shall retain full pay.

Article 102nd
The death penalty should be abolished.
Article 103rd
A, in court accused person, a request for fair trial right.
Two, the punishment behavior, legal acts shall be punished by the limited.
Three any person shall, for the same behavior, and according to the general criminal law punished many times.
Article 104th
One, according to personal freedom and non formal law according to the procedures, shall not be restricted. Detained person, should not to abuse by mental or physical.
Two, but the judge before the judgment whether the deprivation of liberty and the duration of deprivation. The deprivation of such as non according to judge the command, shall immediately request the judge. The police under its authority detention of any person, shall not exceed the end of arrest. The rule by law.
Three, any person guilty of culpable behavior of suspicion, temporarily detained, arrested the next day after to submit the judge, judge should come to arrest, to interrogation, and the opportunity to challenge. The judge issued arrest warrants should be timely, explain the arrest, or order release.
Four, the judge ordered the deprivation of liberty or continuation of deprivation period, should promptly detained the relatives or the trust people.

Article 114th
One, the Federal Minister of finance should be on the next fiscal year, is exempt from federal government responsibility, the budget and balance in the Federal Parliament and the federal senate.
Two, the Federal Audit Office, its members enjoy independence on legal, economic review accounts and budget execution and asset jurisdiction and accuracy. In addition to the federal government, audit bureau shall annually directly to the Federal Parliament and the federal Senate report. The rest of the powers of the Federal Audit Office by federal law.

The German Federal Constitutional Chapter 11 146, 30000 3 more than 1000 words.