The Constitution and the Communist Party

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[history] the constitution of the Republic of China

 



                            The constitution of the Republic of China

 

                The Republic of China in December 25th thirty-five National Congress

                Republic of China thirty-six year new year's Day National Government

                Republic of China thirty-six years effective December 25th

 

   National Assembly of the Republic of China by the national trust, based on the creation of Mr. Sun Zhongshan's in the Republic of China, in order to consolidate power, protect civil rights, establish social peace, promote people's welfare, and establish this constitution, enacted the salty, swear at.

 

    The first chapter outline

　　

   ArticleAArticleThe Republic of China based on the three principles of the people, for the people, by the people, the Democratic republic.

 

   ArticleTwoArticleThe Republic of China belongs to the national sovereignty.

 

   ArticleThreeArticleHave the nationality of the Republic of China, as a national of the Republic of china.

 

   ArticleFourArticleThe territory of the Republic of China according to its existing national boundaries, except by resolution of the national assembly, shall not be altered.

 

   ArticleFiveArticleAll ethnic groups in the Republic of China are equal.

 

   ArticleSixArticleThe Republic of China national flag is red, the upper left corner fine day.

　　

    The second chapter people rights and obligations

　　

   ArticleSevenArticleAll citizens of the Republic of China, irrespective of sex, religion, race, class, political parties, shall be equal before the law.

 

   ArticleEightArticleFreedom shall be guaranteed to the people body, in case of flagrante delicto arrest by the law on the other, the procedure prescribed by the judicial police agency or non according to law, no person shall be arrested or detained. Not by the court in accordance with legal procedures, shall not be questioned punishment. Penalties for non legal procedure, detention, arrest, interrogation, to reject. The suspect is arrested or detained, the arrest or detention authority should be arrested or detained reason, to inform himself and his designated relatives; and shall, within twenty-four hours to the competent court for trial, himself or others, also may apply to the court for trial organ pipe, twenty-four hours after arrest. The court in the preceding paragraph shall not refuse sound please, and shall not be arrested or detained by the investigation organ. The authorities detained for court arraignment, and shall not refuse or delay. People illegally arrested or detained by any organ, its oneself or others should request the court to investigate, the court shall not refuse. And should be in within twenty-four hours of the arrest or detention authority for investigation, in accordance with the law.

 

   ArticleNineArticlePeople except for an active serviceman, free of military trial.

 

   ArticleTenArticleThe people are free to live and migration.

 

   Article eleventhFree people are speech, lecture, writing and publication.

 

   Article twelfthPeople have the freedom of secret communication.

 

   Thirteenth people have the freedom of religious belief.

 

   Fourteenth people have the freedom of assembly and association.

 

   The right to life, the fifteenth people's work and the right of property rights shall be guaranteed.

 

   Sixteenth people have the petition, administrative appeals and litigation rights.

 

   Seventeenth people have the election, recall, initiative, referendum and power.

 

   Eighteenth people shall have the right, public examination.

 

   Nineteenth people are in accordance with the obligation of tax.

 

   Twentieth people have the obligation to take military service law.

 

   Twenty-first people have the right and obligation of national education.

 

   Article twenty-second where the other people's freedom and rights, does not harm the social order and public interests, be guaranteed under the constitution.

 

   The right to freedom of more than twenty-third articles listed, in addition to prevent the intruding upon the liberty of others, to avert an imminent crisis, maintaining social order, or to promote the public interest is necessary, not by legal restrictions.

 

Article twenty-fourth where civil illegal infringes people's freedom and rights, except in accordance with the law penalized ring, shall be subject to criminal and civil liability. The victim's damage, by law, to the state for compensation.

　　

    The third chapter of the National Assembly

　　

   Article twenty-fifthThe national assembly in accordance with the provisions of this constitution, representative of national exercise regime.

 

   Article twenty-sixthThe national assembly to the following representatives:

 

One, each county and the same area of each elect one representative. But with a population of more than five hundred thousand people, an increase of five hundred thousand per person elect one representative. In the same region prescribed by laws.

 

Two, Mongolia elected representatives, each league four, one for each special banner.

 

Three, Tibet elected representatives, the quota prescribed by laws.

 

Four, the people elected representatives in the border area, the number of prescribed by laws.

 

Five, Chinese citizens residing abroad to elect a representative, the quota prescribed by laws.

 

Six, occupation group elected representatives, the quota prescribed by laws.

 

Seven, women's groups elected representatives, the quota prescribed by laws.

 

   Article twenty-seventhThe National Assembly shall be as follows:

 

   A, the election of president, vice president.

 

Two, deposed president, vice president.

 

Three, the revision of the constitution.

 

　　Four, the referendum constitution court amendment.

 

On the initiative, referendum two rights, in addition to the provisions of the preceding paragraph four two and third, as soon as the one half of the counties and cities was the exercise of initiative, referendum two regime, the National Assembly shall make way parallel to.

 

   Article twenty-eighthA representative of the National Assembly election every six years.

　　

   Each term of the delegates to the national assembly, far to the next National Congress meeting date.

 

The officials may not be in the electoral area any place, was elected to the national congress.

 

   Article twenty-ninthThe national assembly in every presidential term expires ninety days before the meeting, convened by the president.

 

   Article thirtiethThe national assembly in any one of the following circumstances, a temporary meeting will:

 

One, in accordance with the provisions of the constitution article forty-ninth shall be the by election, President, vice president.

 

Two, by resolution of the control yuan, the impeachment of president, vice president for.

　　　　　

   Three, according to the resolution of the Legislative Yuan, the constitution amendment.

 

Four, the National Assembly representing more than 2/5 request to convene the meeting.

 

The National Assembly temporary as referred to in the preceding paragraph 1 or second paragraph shall be convened by the president of the Legislative Yuan, notice of meeting. According to paragraph third or paragraph fourth shall be convened by the president convened.

 

   Article thirty-firstThe National Assembly meeting place on the seat of the central government.

 

   Article thirty-secondComments and voting delegates to the national assembly for the meeting, the meeting is not responsible.

 

   Article thirty-thirdDelegates to the national assembly in flagrante delicto, in the period of non licensed by the national assembly, be arrested or detained.

 

Article thirty-fourthThe organization of the national assembly, the delegates to the National Assembly election, recall, exercise their functions and powers and procedures of the national assembly, shall be prescribed by law.

　　

   The fourth chapter president

　　

   Article thirty-fifthThe president is head of state, the foreign representative of the Republic of china.

 

   Article thirty-sixthThe president of the national armed forces.

 

   Article thirty-seventhThe president announced the law according to law, decree, subject to a president of the Executive Yuan, deputy dean or administrative institutes and relevant department heads.

 

   Article thirty-eighthThe president in accordance with the provisions of this constitution, treaties and the exercise of the right of war and peace.

 

   Article thirty-ninthThe president to declare martial law, subject to ratification by the court or stand, when the Legislative Yuan deems it necessary, it may by resolution please president martial law.

 

   Article fortiethThe President exercised amnesty, amnesty, commutation and rehabilitation to the right.

 

   Article forty-firstThe President shall appoint and remove civil and military officials.

 

   Article forty-secondThe President shall confer honors.

 

   Article forty-thirdIn case of a natural disaster, epidemic disease, or national financial and economic crisis, should be rapid action, the president during the recess of the Legislative Yuan, the resolution of the Executive Yuan Council, according to the emergency command issued an emergency order, as the necessary dispositions. But to be ordered within one month, submit legislative ratification, such as the legislature does not agree, the emergency command immediately failure.

 

   Article forty-fourthThe president for the dispute between the hospital and the hospital, in addition to the constitution has stipulated, have called the Dean consultation solution.

 

   Article forty-fifthCitizens of the Republic of China over forty years of age, may be elected president, vice president.

 

   Article forty-sixthThe election of president, vice president, shall be prescribed by law.

 

   Article forty-seventhThe term president, vice president for six years, may be re elected once.

 

   Article forty-eighthThe President shall in the inaugural oath oath, as follows:

 

"I would like to sincerely, swear to the people across the country, more than Bizun observe the constitution, loyalty duty, improve the welfare of the people, to defend the country, no negative national delegation, such as breach of promise, will be sanctioned countries severely, pledge. "

 

   Article forty-ninthThe president is vacant, the vice president succeeds to the presidency, expires. The president, vice president is vacant, the Executive Yuan shall act for the president the authority, in accordance with the provisions of the Constitution and article thirtieth, the National Assembly will convene interim president, vice president, whose term of office by election, to complement the former president under the term. The president is unable to assume office, the Vice President shall act for the president. Vice president, all can no longer serve, the Executive Yuan shall act for the president authority.

 

   Article fiftiethThe president in office day. As if time has not yet chosen or elected president, vice president, after the president was not his inauguration, the president of the Executive Yuan shall act for the president.

 

   Article fifty-firstPresident of the Executive Yuan shall act for the president, the time limit shall be not more than three months.

 

Article fifty-secondIn addition to make the president of rebellion or invasion crime, without the removal or dismissal, not subject to criminal prosecution.

 

   The fifth chapter administrative

　　

   Article fifty-thirdThe Executive Yuan is the highest administrative organ of the state.

 

   Article fifty-fourthVice president of the Executive Yuan shall have a president, one each, heads of ministries of some people, and whether the government will be in charge of.

 

   Article fifty-fifthPresident of the Executive Yuan is nominated by the president, with the consent of the Legislative Yuan appointed.

 

During the recess of the Legislative Yuan, President of the Executive Yuan to resign or periods of time, by the vice president executive agent of its position, but the President shall within forty days. Please call session of the legislature, for the president of the Executive Yuan, consent. Post of president of the Executive Yuan, the president proposed candidate for president of the Executive Yuan without the consent of the Legislative Yuan, vice president of executive yuan by the provisional agency.

 

   Article fifty-sixthVice president, executive heads of ministries and regardless of the Department of government committee, the president of the Executive Yuan to the president appointed.

 

   Article fifty-seventhThe Executive Yuan in accordance with the following provisions, be responsible to the legislative yuan:

 

One, the Executive Yuan proposed the policy and the policy address to the legislature responsibility, lawmakers at the meeting, the dean to the Executive Yuan and the executive heads of ministries of inquiry right.

 

Two, the legislature is not in favor of the important policy of the Executive Yuan, the Executive Yuan by resolution, please change. The Executive Yuan for the resolution of the Legislative Yuan, the president's nuclear, empathic legislative review. Administrative reconsideration, as the members present three points to the original resolution 2d,President of the Executive Yuan shall accept the resolution or resignation.

 

Three, the Executive Yuan against court decisions, budget law case, treaty case, if considered burdensome, the president approved, in the resolution to the Executive Yuan for ten days, request the Legislative Yuan reconsideration shift. Administrative reconsideration, as the 2/3 uphold the original members present at the meeting, President of the Executive Yuan shall accept the resolution or resignation.

 

   Article fifty-eighthAdministrative institute set up Administrative Council, councillor by administrative organization Institute president, vice president, heads of ministries and the Ministry of matter, the president as chairman. President of the Executive Yuan, heads of ministries, shall be presented by the Legislative Yuan, the budget law, martial law case, war, peace, Amnesty case case or treaties, and other important matters, matters or involving the Department will jointly relationship proposed in the executive meeting, through the.

 

   Article fifty-ninthThe Executive Yuan began in fiscal year three months ago, the second half of the year the budget for the legislature.

 

   Article sixtiethThe Executive Yuan at the end of the accounting year within four months after the final accounts, should be put forward to the control yuan.

 

Article sixty-firstOrganization of executive yuan, shall be prescribed by law.

　　

    The sixth chapter legislation

　　

   Article sixty-secondThe legislature is the highest legislative organ of the state, from the legislative organization's election, on behalf of the people exercise legislative power.

 

   Article sixty-thirdA legal case, through the budget, martial law case, war, peace, Amnesty case case or treaties, and other important matters of state legislative power.

 

   Article sixty-fourthThe members of the Legislative Yuan shall be elected according to the following:

 

Choose from various provinces, municipalities directly under the central government, who. Its population in three million the following five; its population is over three million, one million people for each full co opted by one person.

 

Select two, Mongolia the union flag.

 

Three, Tibet elected persons.

 

Four, elected by various racial groups in frontier regions.

 

Five, Chinese citizens residing abroad. Those to be elected.

 

Six, occupation groups. Those to be elected.

 

The distribution law of elections and the second paragraph to paragraph sixth of the quota of legislators, shall be prescribed by law. Women in the first paragraphs amount, shall be prescribed by law.

 

   Article sixty-fifthThe term legislator for three years, may be re elected, the election prior to the expiration of each term completed within three months.

 

   Article sixty-sixthThe Legislative Yuan shall have a president, vice president of the people, by the legislators elected.

 

   Article sixty-seventhSet up various kinds of committees legislature.

 

　Various committees may invite government officials and social relations personnel to reference.

Article sixty-eighthLegislative Yuan session two times a year, self assembly. The first time since February to the end of May, second times since September to the end of twelve, when necessary, may be prolonged.

 

   Article sixty-ninthThe legislature in any of the following circumstances, a temporary meeting:

 

A, request of the president of the republic.

 

Two, legislators request of more than 1/4 of.

 

   Article seventiethThe legislature for the proposed budget executive case, not to increase the expenditure of the proposal.

 

   Article seventy-firstLegislative meeting, the relationship between hospital president and the ministers to attend the statement.

 

   Article seventy-secondThe legislature passed law case, transferred to the president and the Executive Yuan, the President shall within ten days after receiving the announced, but the president was in accordance with the provisions in article fifty-seventh of the constitution.

 

   Article seventy-thirdComments and votes for the legislators in the hospital, the hospital is not responsible.

 

   Article seventy-fourthLegislators except flagrante delicto, without the permission of the Legislative Yuan, be arrested or detained.

 

   Article seventy-fifthLegislator shall not concurrently serve as officials.

 

Article seventy-sixthThe legislative organization, shall be prescribed by law.

　　

    The seventh chapter justice

　　

   Article seventy-seventhThe Judicial Yuan shall be the highest judicial organ of the state, the trial shall be in charge of civil, criminal, administrative litigation, and the punishment of public servant.

 

   Article Seventy-eighthJudicial interpretation of the constitution, and unify the interpretation of laws and orders right.

 

   Article seventy-ninthVice president of the Judicial Yuan shall have a president, one each, nominated by the president, with the consent of the control yuan appointed.

 

The Judicial Yuan with a certain provisions of the constitution, matters shall be in charge of Seventy-eighth, nominated by the president, with the consent of the control yuan appointed.

 

   Article eightiethJudges shall be above partisanship, according to the law, judicial independence, free from any interference.

 

   Article eighty-firstThe judge for tenure, non criminal or disciplinary action or interdiction announcement, shall be removed from office, not according to the law, shall not be suspended, transferred or salary reduced.

 

Article eighty-secondThe organization and the court of the Judicial Yuan, shall be prescribed by law.

 

    The eighth chapter exam

　　

   Article eighty-thirdThe examination yuan is the highest national examination authority, shall be in charge of examination, appointment civil service, performance appraisal, salary, level, promotion, support, praise, pension, retirement, pension and other matters.

 

   Article eighty-fourthThe Examination Yuan shall have a president, vice president of the people, the exam several members, nominated by the president, with the consent of the control yuan appointed.

 

   Article eighty-fifthThe selection of public functionaries, should carry out the system of open competitive examination, and shall be in accordance with the provinces are quotas, partition test, non through exams, may appoint.

 

   Article eighty-sixthThe following qualification, shall be approved by the examination yuan in accordance with the law examination Ambrose determined:

 

A, appointing qualified civil servants.

 

Qualification two, occupation and specialized technical personnel.

 

   Article eighty-seventhThe examination yuan on the palm matters, may introduce a bill to the legislative yuan.

 

   Article eighty-eighthThe examination committee shall be above partisanship, exercising independent authority according to law.

 

Article eighty-ninthThe organization of the examination yuan, shall be prescribed by law.

　　

    The ninth chapter supervision

　　

   Article ninetiethThe control yuan shall be the highest supervisory organ of state, agreed to exercise, impeachment, censure, and the right to audit.

 

   Article ninety-firstThe control yuan shall be composed of members who, by provincial and municipal councils, Mongolia Tibet Council and the overseas Chinese community election. The quota allocated in accordance with the following provisions:

 

A five, each province.

 

Two people, each of two municipalities directly under the central government.

 

Three, Mongolia a total of eight leagues and banners.

 

Four, Tibet eight.

 

Five, Chinese citizens residing abroad eight people.

 

   Article ninety-secondVice president of the control yuan shall have a president, one each, the Committee elected by the.

 

   Article ninety-thirdThe term member of the supervisory committee for six years, may be re elected.

 

   Article ninety-fourthThe institute according to the constitution agreed to exercise the right, by a majority of the members present at the meeting by the.

 

   Article ninety-fifthThe Institute for the exercise of supervision power, have access to command the release and all other relevant documents to the Executive Yuan and its various ministries.

 

   Article ninety-sixthThe work of the Executive Yuan and its various ministries of supervision department, set up several committees, the investigation of all facilities, pay attention to whether the violations of law or dereliction of duty.

 

   Article ninety-seventhSupervisory review by the Committee and the resolution, proposed amendment, transferred to the Executive Yuan and its relevant department, promote its attention to improving. The Institute for central and local civil servants, think there is dereliction of duty or violation of law, to propose corrective case or impeachment, such as criminal, should be transferred to the court for.

 

   Article ninety-eighthThe Institute for the impeachment of the central and local civil servants, shall be subject to the supervision of one of the members suggested above, review of more than nine people and decided, was proposed.

 

   Article ninety-ninthThe Institute for justice department or the examination staff dereliction of duty or illegal impeachment, the applicability of this article ninety-fifth, article ninety-seventh and the provisions of article ninety-eight.

 

   Article 100thThe Institute for the impeachment of president, vice president of the case, shall have all the monitors more than 1/4 proposal, the Committee of over half of the review and resolution, submitted to the national assembly.

 

   Article 101stComments and voting member of the supervisory committee for the hospital, to the hospital and irresponsible.

 

   Article 102ndMember of the supervisory committee except flagrante delicto, license without the control yuan, be arrested or detained.

 

   Article 103rdMember of the supervisory committee shall not concurrently hold the position of other public service or perform services.

 

   Article 104thThe Institute set up the auditor general, nominated by the president, with the consent of the Legislative Yuan appointed.

 

   Article 105thThe auditor should to the Executive Yuan proposed accounts within three months after the completion of the audit, in accordance with the law, and put forward the audit report to the legislative yuan.

 

Article 106thThe organization of the control yuan shall be set forth by law.

　　

    The tenth chapter, the central and local authority

　　

   Article 107thThe following items, the central legislation and execution:

 

A, diplomacy.

 

Two, national defence and military.

 

Law three, the nationality law and criminal, civil, commercial.

 

Four, the judicial system.

 

Five, aviation, highway, railway, shipping, state-owned postal and telecommunication services.

 

Six, the central finance and taxation.

 

Division seven, tax, tax and tax county.

 

Eight, state economic enterprises.

 

Nine, monetary and national bank.

 

Ten, weights and measures.

 

Eleven, international trade policy.

 

Twelve, the financial and economic matters concerning foreign affairs.

 

Thirteen, in accordance with the Constitution and other matters relating to the central government.

 

   Article 108thThe following matters, by the central legislation and enforcement, or by the provincial county execution:

 

General Autonomous County, province.

 

Two, administrative division.

 

Three, forest, industrial and commercial.

 

Four, education system.

 

Five, banks and exchange system.

 

Six, aviation industry and marine fisheries.

 

Seven, public utilities.

 

Eight, cooperation.

 

Nine, two or more provinces transportation.

 

Ten, two, or more provinces river water and agricultural undertakings.

 

Eleven, the central and local government officials, the civil service appointment, picket and security.

 

Twelve, the law of the land.

 

Thirteen, labor law and other social legislation.

 

Fourteen, public expropriation.

 

Fifteen, the National Census and statistics.

 

Sixteen, immigration and land reclamation.

 

Seventeen, the police system.

 

Eighteen, public health.

 

Nineteen, relief, pensions and unemployment benefits.

 

Twenty, about the culture of ancient books, antiquities and monuments preservation.

 

Mentioned in the preceding paragraph are not in conflict with the laws of the state, province, to formulate specific policies.

Article 109thThe following items, the provincial legislation and enforcement, or handed over to the county executive:

 

A, education, health, industrial and transportation.

 

Two, management and disposal of property.

 

Three, municipal.

 

Four, the provincial public sector.

 

Five, provincial cooperative enterprises.

 

Six, agriculture and forestry, fishery and water conservancy engineering.

 

Seven, provincial finance and tax.

 

Eight, the provincial debt.

 

Nine, provincial bank.

 

The implementation of ten, provincial policing.

 

Eleven, charity and public welfare.

 

Twelve, in accordance with the national law of other matters.

 

Mentioned in the preceding paragraph, involving two or more provinces, division law do not have provisions, may be undertaken jointly by the provinces concerned.

 

The first term for services, the lack of funds, the legislature through, subsidies from the national treasury.

 

   Article 110thThe following matters, by the county of legislation and administration:

 

A, education, health, industrial and transportation.

 

Management and disposal of two, county property.

 

Three, the county public.

 

Four, the county cooperative enterprise.

 

Five, forestry, water conservancy, fishery and engineering.

 

Six, the county finance and tax.

 

Seven, the county's debts.

 

Eight, county bank.

 

Nine, the implementation of the county.

 

Ten, charity and public welfare.

 

Eleven, other matters in accordance with the national law and the provincial autonomy law.

 

Mentioned in the preceding paragraph, involving two above the county level, division law do not have provisions, may be undertaken jointly by the relevant county.

 

Article 111stIn addition to the 107th, 108th, 109th and one hundred and ten of marshaled outside, if there is no list items occurs, the nature of the transaction consistent belong to the nature of the central, consistent belong to the province, has the properties of a county, belong to county. In case of dispute, solved by the legislative yuan.

　　

    The eleventh chapter local system

　　

   The first save

 

   Article 112ndSo called Provincial People's Congress, in accordance with the general principles of province county autonomous province, formulate autonomy law, but not in conflict with the constitution. Organization of the provincial people's Congress and the election, shall be prescribed by law.

 

   Article 113rdAutonomous Province should contain the following items:

 

A provincial council, province, province parliament elected by the people of the province.

 

Two, the provincial government for the province, a provincial governor, governor elected by the people of the province.

 

Three, provincial and county.

 

The legislative power of the province shall, by the provincial assembly line.

 

   Article 114thThe province autonomy law, shall receive the division court, the Judicial Yuan as deemed it unconstitutional, constitutional provisions should be declared invalid.

 

   Article 115thImplementation of provincial autonomy law, as a result of which a major obstacle, the court to convene the relevant aspects of our statement, the president of the Executive Yuan, President of the Legislative Yuan, President of the organization committee of the president of the Judicial Yuan, the examination and supervision of the dean of academy, the president of the Judicial Yuan as the president, proposed a scheme to solve.

 

   Article 116thProvincial regulations and state laws contradict.

 

   Article 117thProvincial regulations and state laws have no conflict when in doubt, by the Judicial Yuan interpretation.

 

   Article 118thAutonomous municipalities directly under the central government, shall be prescribed by law.

 

   Article 119thMongolia Mengqi system of local autonomy, shall be prescribed by law.

 

Article 120thTibet autonomous system, should be guaranteed.

 

   The second section county

 

   Article 121stThe county autonomy county.

 

   Article 122ndCounty County congress convened, in accordance with the general principles of province county Autonomous County, making law of autonomy, but must not conflict with the Constitution and the province autonomy law.

 

   Article 123rdPeople on the county autonomy in accordance with the law, exercise initiative, referendum and power. For Autonomous County and other county personnel, in accordance with the law, exercise the right to recall election.

 

   Article 124thCounty County County Council, member of Parliament for the county people's election. Belongs to the county legislative power, the county council.

 

   Article 125thCounty, rules and regulations and national laws or regulations contradict province.

 

   Article 126thCounty and county government, the county magistrate of the County elected one, the.

 

   Article 127thThe county for the county autonomy, and the implementation of the central and provincial Party committee office.

 

Article 128thCity, county of quasi provisions.

　　

   The twelfth chapter election, recall, initiative, referendum

　　

   Article 129thAll kinds of election of the provisions of this law, in addition to the Constitution do not have provisions, to ordinary, equal, direct and secret ballot trip.

 

   Article 130thCitizens of the Republic of China at least twenty years of age, according to law, the right of election, in addition to the Constitution and the law has other provisions, at least twenty-three years of age, have to be the right of election.

 

   Article 131stThe constitution provided various kinds of election candidates, all public campaign.

 

   Article 132ndThe election shall be strictly prohibited intimidation and bribery, the election procedure, court trial.

 

   Article 133rdThe person to be elected by electoral district shall recall the.

 

   Article 134thAll elections shall be stipulated that women elected quota, it shall be prescribed by law.

 

   Article 135thOutback life habits special national delegates and the election, it shall be prescribed by law.

 

Article 136thCreate, complex exercise will two rights, Congress agreed.

 

    The thirteenth chapter is the basic national policy

　　

   The first section of national defense

 

   Article 137thThe defense of the Republic of China, to defend the national security, the maintenance of world peace as the objective.

 

The organization of national defense, shall be prescribed by law.

 

   Article 138thThe national armed forces, to be super personal, regional and party affiliations, allegiance, cherish the people.

 

   Article 139thAny parties and individuals, not by armed force as an instrument of political struggle.

 

Article 140thActive servicemen shall not concurrently hold the position of civil service.

 

   The second section diplomacy

 

Article 141stDiplomacy in the Republic of China should be the stand on one's own spirit, principle, equality and reciprocity relations harmony, respect the treaty and the Charter of the United Nations, to protect citizens rights and interests, the promotion of international cooperation, promote the international justice, to ensure the world peace.

 

   The third section of national economy

 

   Article 142ndThe national economy, should be based on the principle of people's livelihood as the basic principle, the implementation of equalization of land ownership, control of capital, to the people's livelihood are foot mouguo.

 

   Article 143rdThe territory of the Republic of China belongs to the land in the national land ownership, according to law, shall be governed by the laws of the protection and restrictions. Private land shall be paid the tax, the government and must pay.

 

Affixed to the land mine economy, and available for public use of the natural resources, belong to the state, not because people have affected by land ownership. Land value for human capital and non with increasing, the State shall levy land value-added tax, to the people sharing.

 

The state for land allocation and arrangement, should be to support farmers and make use of the land by themselves, and the provisions of the appropriate areas of operation.

 

   Article 144thUtilities and other monopolistic enterprises, to public principle, the permitted by law, by the national business.

 

   Article 145thCountries for private wealth and private business, think that the balanced development of beneficial to the people's livelihood, should take the legal limit.

 

Cooperative enterprises shall receive encouragement and assistance of the state.

 

National production enterprises and foreign trade, reward, shall be governed by the national guidance and protection.

 

   Article 146thThe country should use science and technology to build water conservancy, promoting local, improving agricultural environment, land use planning, the development of agricultural resources, promote the industrialization of agriculture.

 

   Article 147thCentral to make a balanced economic development between province and province, for the poor, shall give appropriate aid.

 

As for the balance of economic development county and county, in barren County, shall give appropriate aid.

 

   Article 148thThe territory of the Republic of China, all the free circulation of goods promise.

 

   Article 149thFinancial institutions, should be subject to state management according to law.

 

   Article 150thThe country should be set up financial institutions for the common people, to the relief of unemployment.

 

Article 151stFor Chinese citizens residing abroad, should support and protect development of their economic enterprises.

 

   The fourth section of social security

 

   Article 152ndPeople with the ability to work, the State shall give appropriate job opportunity.

 

   Article 153rdThe state for the improvement of labor and peasant life, improve their production skills, should be developed to protect the legal workers and farmers, the implementation of protection policies of labour and farmers. Women, children engaged in labor, should according to their age and physical condition, give special protection.

 

   Article 154thBoth sides should be the principles of harmony and cooperation, the development of production enterprise. The mediation and arbitration of labor disputes, shall be prescribed by law.

 

   Article 155thCountries in order to promote social welfare, social insurance system should be implemented, the sick and disabled people, to life, and by the very disaster, the State shall give appropriate assistance and relief.

 

   Article 156thThe country lay the foundation for national survival and development, should protect the maternal and child welfare policy, the implementation of women.

 

Article 157thCountries in order to improve national health, should be widely implemented in health care and medical system.

 

   The fifth section of education and culture

 

   Article 158thEducation should be the development of national culture, national spirit, spirit of self-government, national morality, healthy body, science and life intelligence.

 

   Article 159thThe national equal educational opportunities.

 

   Article 160thSix to twelve years old children, all under the basic education, are exempt from tuition fees, the poor, the government supply of books.

 

Has more than the national school without basic education, be subject to supplementary education, exemption from tuition fees, the book is also supplied by the government.

 

   Article 161stGovernments at all levels shall extensively establish scholarships to students, help student for all advantages and weakness of entrance.

 

   Article 162ndDepartment of education culture of national private law, be subject to state supervision.

 

   Article 163rdCountries should pay attention to the balanced development of education in different regions, and promote social education, in order to raise the cultural level of the citizens in general, remote and poor area of education funds, subsidies from the national treasury. Its important cultural and educational undertakings, the central management or subsidies.

 

   Article 164thFunding for education, science, culture in the central budget, shall not be less than the total of fifteen percent, in the province of not less than the total budget of twenty-five percent, in the city, county, shall not be less than the total budget of thirty-five percent, which set up according to law teaching culture foundation and the industry, shall be guaranteed.

 

   Article 165thThe state should protect the life education, science, art, and in accordance with the development of national economy, to improve their treatment.

 

   Article 166thThe State shall encourage scientific discoveries and inventions, and protection of historical and cultural monuments, art and antiquities.

 

   Article 167thCountries to the following enterprises or individuals, to reward or compensation:

 

One, the domestic private business education achievement is outstanding person.

 

Two, overseas Chinese nationals education achievement is outstanding person.

 

Three, in the academic or technical have inventors.

 

Four, engaged in education and long in its duty and excellent achievements.

 

   The sixth section border area

 

   Article 168thThe state for the status of ethnic border areas, should be legal protection, and to the local self-government, especially to support.

 

Article 169thThe state for education, the national border area culture, traffic, water conservancy, public health and other economic, social undertakings, should actively organize, and assist the development of. For the land use shall be appropriate depending on the climate, soil properties and people's living habits, to security and development.

　　

    The fourteenth chapter of the constitution implementation and modification

　　

   Article 170thThe law said that the constitution, by laws issued by the president of the Legislative Yuan.

 

   Article 171stLaws are in conflict with the constitution is invalid.

 

The law and the constitution has no conflict when in doubt, by the Judicial Yuan interpretation.

 

   Article 172ndThe command and the constitution or laws contradict.

 

   Article 173rdThe interpretation of the constitution, the Judicial Yuan to.

 

   Article 174thThe constitution amendment in accordance with one of the following procedures:

 

A representative of the national assembly, composed of 1/5 of the 2/3 proposals, attendance, and attendance on behalf of 3/4 decision must be revised.

 

Two, by the legislature of 1/4 of the members of the 3/4 legislative proposals, attendance, and attend the resolution of 3/4 of the members of the constitution, amendment, submitted to the national assembly referendum. This amendment to the constitution, should be in the first half of the national assembly before the meeting.

 

   Article 175thThe constitutional matters, there is another implementation necessary procedures, shall be prescribed by law.

 

Preparation procedures implemented by this constitution, the constitution of the national prescribed by laws.

 



 

 

The constitution of the Republic of China (Quan Wen)

　　

 

        The constitution of the PRC



　　(in December 4, 1982 fifth session of the National People's Congress fifth session of the National People's Congress announced in December 4, 1982 promulgated the according to the Seventh National People's Congress in April 12, 1988 the first meeting of the "people's Republic of China constitutional amendment", in March 29, 1993 eighth session of the National People's Congress, the first session of the "people's Republic of China constitutional amendment" in March 15, 1999, the ninth session of the National People's Congress passed the second meeting of the "people's Republic of China constitutional amendment" and in March 14, 2004 the Tenth National People's Congress second conference adopted "the people's Republic of China constitutional amendment" correction)

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

　　
Preface


Chinese is one of the oldest countries in the world. Chinese people work together to create a shine with great splendor culture, has a glorious revolutionary tradition.

One eight four 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.

　　
The first chapter outline


　　Article 1 The people's Republic of China is the people's democratic dictatorship led by the working class, and based on the worker peasant alliance of socialist countries.

The socialist system is the basic system of the people's Republic of china. Prohibit any organization or individual to undermine the socialist system.

　　Article second All 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 third National 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 fourth All 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 fifth The people's Republic of China to implement the rule of law, building a socialist country ruled by law.

The national safeguard the uniformity and dignity of the socialist legal system.

All the laws, administrative regulations and local regulations may contravene the constitution.

All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated.

No organization or individual may be beyond the constitutional and legal privileges.

　　Article Sixth The 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 seventh The 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 eighth Rural collective economic organizations of the double management system of household contract management as the foundation, the. In rural areas, supply and marketing, credit production, consumption and other forms of cooperative economy, is the socialist economy under collective ownership. The workers to participate in the rural collective economic organizations have the right, within the limits prescribed by law to farm private plots of cropland, hilly, household sideline production and raise privately-owned livestock.

The various forms of cooperative economy in the cities and towns in the handicraft, industrial, building, transport, commercial, service industry and other industries, is the socialist economy under collective ownership.

State protects the lawful rights and interests of the urban and rural economic collectives, guidance and help, encourage the development of collective economy.

　　Article ninth Natural 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 tenth City 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 eleventh In 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 twelfth Socialist public property is sacred and inviolate.

The state protects socialist public property. Any organization or individual is prohibited to use any means appropriation or damaging of state or collective property.

　　Article thirteenth The lawful private property of citizens are not violated.

The State shall protect citizens to inherit private property right.

Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law.

　　Article fourteenth Countries by improving the enthusiasm of the workers and the level of technology, the promotion of advanced science and technology, improving the systems of economic administration and enterprise operation and management, implement the socialist system of responsibility in various forms, improving the organization of work, in order to improve labor productivity and economic benefits, the development of social productive forces.

Countries practise economy, combat waste.

The state properly apportions accumulation and consumption, the state, the collective and individual interests, on the basis of developing production, gradually improve the people's material and cultural life.

The State shall establish and perfect the level of economic development of the social security system.

　　Article fifteenth The 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 sixteenth State 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 seventeenth Collective economic organizations in compliance with the relevant laws, since the independence of economic activity.

Collective economic organizations practise democratic management in accordance with the provisions of law, elect or remove their managerial personnel, decide on the major issues of management.

　　Article eighteenth The people's Republic of China permits foreign enterprises and other economic organizations or individuals in accordance with the provisions of the people's Republic of China Law on China investment, with China enterprises or other economic organizations of various forms of economic cooperation.

Foreign enterprises in Chinese territory and other foreign economic organizations as well as Chinese foreign joint ventures, must abide by the laws of the prc. Their lawful rights and interests are protected by the laws of people's Republic of China.

　　Article nineteenth Development of socialist education, raise the scientific and cultural level of the whole nation.

The state runs schools of various types, the popularization of compulsory primary education, secondary education, occupation education and higher education, and the development of preschool education.

The state develops educational facilities, illiteracy, the workers, farmers, state functionaries and other workers in their political, cultural, scientific, technical, business education, encourage self-taught.

The State encourages the collective economic organizations, state enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with the provisions of the law.

Popularizing Putonghua nationwide.

　　Article twentieth The national development of the natural and Social Sciences, popularize knowledge of science and technology, rewards achievements in scientific research and technological inventions.

　　Article twenty-first The 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-second The 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-third The 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-fourth Countries through the popularity of ideal education, moral education, education, education in discipline and the legal system, through the formulation and implementation of various rules, conventions in different sections of the people in urban and rural areas, strengthen the construction of socialist spiritual civilization.

The State encourages love motherland, love people, love labor, love science, love the socialist morality, patriotism, collectivism and internationalism in people, the Communist education, dialectical materialism and historical materialism education, anti capitalist, feudal and other decadent ideas.

　　Article twenty-fifth The state promotes family planning, population growth and economic and social development plans to adapt.

　　Article twenty-sixth The 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-seventh All state organs carry out the principle, the system of responsibility for work, carry out staff training and examination system, improve the quality of work and efficiency, oppose bureaucracy.

All state organs and functionaries must rely on the support of the people, keep in close touch with the people, listen to their opinions and suggestions, to accept the people's supervision, and strive to serve the people.

　　Article twenty-eighth Countries to maintain social order, treasonable and other criminal activities endangering State security, activities that endanger public security, disrupt the socialist economy and other criminal activities, and punishes criminal.

　　Article twenty-ninth The people's Republic of China belongs to the people's armed forces. Its task is to consolidate national defense, resist aggression, defend the motherland, safeguard the people's peaceful labour, participate in national construction, and strive to serve the people.

The state strengthens the revolutionization, modernization of the armed forces, the standardized construction, strengthen the national defense force.

　　Article thirtieth The 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-first The 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-second The people's Republic of China protects the legitimate rights and interests of foreigners in the territory of China, foreigners in China within the territory of the people's Republic of China must abide by the law.

The people's Republic of China to foreigners who request it for political asylum, can give the protected rights.

　　
The second chapter the basic rights and obligations of citizens


　　Article thirty-third Where 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-fourth The 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-fifth Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom.

　　Article thirty-sixth Citizens 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-seventh Citizens 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-eighth The 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-ninth Citizens of the people's Republic of China are not violated residential. To illegally search or invade citizens prohibit residential.

　　Article fortieth The 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-first Citizens 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-second Citizens of the people's Republic of China have the right and obligation of labor.

The state through various means, to create conditions for employment, strengthen labor protection, improve working conditions, and on the basis of developing production, improve labor remuneration and welfare.

Work is the glorious duty of every able-bodied citizen. The workers of state-owned enterprises and in urban and rural economic collectives should treat their work as the masters of the country's attitude. The state promotes socialist labor emulation, reward model and advanced workers. The State encourages citizens to take part in voluntary labor.

The state provides necessary vocational training for citizens before they are employed.

　　Article forty-third The people's Republic of China workers have the right to rest.

The national development and the rest and recuperation of the facilities, regulations working hours and off system.

　　Article forty-fourth State 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-fifth The 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-sixth Citizens of the people's Republic of China have the right and obligation to education.

The national training of children and young people, in moral, intellectual, physical and other aspects of comprehensive development.

　　Article forty-seventh Citizens 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-eighth The people's Republic of China women in all aspects of political, economic, cultural, social and family life, enjoy equal rights with men.

The state protects the rights and interests of women, the equal pay for men and women, the training and selection of women cadres.

　　Article forty-ninth Marriage, family, mother and child are protected by the state.

Both husband and wife have the duty to practise family planning.

Parents have the custody of minor children of compulsory education, adult children have the obligation to support and assist their parents.

Violation of the freedom of marriage is prohibited, banned the maltreatment of old people, women and children.

　　Article fiftieth The people's Republic of China protects the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives.

　　Article fifty-first Citizens 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-second Citizens of the people's Republic of China is to safeguard national unity and solidarity of all nationalities in the country's obligations.

　　Article fifty-third Citizens 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-fourth Citizens 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-fifth The 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-sixth Citizens of the people's Republic of China to pay taxes in accordance with legal obligations.

　　
The third chapter of national institutions


　　
The first section of the National People's Congress


　　Article fifty-seventh The 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.

　　Fifty-eighthArticleThe Standing Committee of the National People's Congress and the National People's Congress exercises the legislative power of the state.

　　Article fifty-ninth The 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 sixtieth Each 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-first The 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-second The 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-third The 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-fourth The 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-fifth The Standing Committee of the National People's Congress is composed of the following:

The chairman,

Vice chairman of a number of people,

General secretary.

A number of members.

Members of the 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-sixth The 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-seventh The 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-eighth Member 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-ninth The Standing Committee of the National People's Congress responsible and report on its work to the National People's congress.

　　Article seventieth The 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-first The 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-second Members 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-third During 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-fourth Deputies to the National People's Congress, license without the chairman of the National People's Congress is not in session, meeting group, permitted by the Standing Committee of the National People's Congress of the National People's Congress, shall not be liable to arrest or criminal trial.

　　Article seventy-fifth Deputies to the National People's Congress various meetings and voting, will not be investigated by law.

　　Article seventy-sixth Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law, keep state secrets, and in the production, work and social activities in, assist in the implementation of the Constitution and the law.

Deputies to the National People's Congress should maintain close contact with the units that elected them and with the people, listen to and reflect the opinions and demands of the people, to serve the people.

　　Article seventy-seventh Deputies to the National People's Congress are subject to supervision by the units which elected. On behalf of the electoral units have the right in accordance with the law procedures prescribed the unit selected.

　　Article Seventy-eighth The 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.

　　
Chairman of the second day of the people's Republic of China


　　Article seventy-ninth Vice 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 eightieth The 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-first The people's Republic of China, on behalf of the people's Republic of China, state activities, receiving foreign envoys; according to the Standing Committee of the National People's Congress decision, appoints and recalls plenipotentiary representatives abroad, and abrogation of treaties and important agreements concluded with foreign states.

　　Article eighty-second Vice president of the people's Republic of China assists the president in his work.

Commission Vice Chairman of the people's Republic of China by the chairman may exercise certain functions and powers of the chairman.

　　Article eighty-third The 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-fourth When 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.

　　
Section third of the State Council


　　Article eighty-fifth The 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-sixth The 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-seventh The 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-eighth The 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-ninth The State Council shall exercise the following powers:

(a) in accordance with the Constitution and the laws, regulations and administrative measures, enact administrative rules and regulations, decisions and orders issued;

(two) introduced a bill to the Standing Committee of the National People's Congress or the National People's congress;

(three) the provisions of the ministries and commissions of the tasks and responsibilities, the unified leadership of the ministries and commissions, and leadership does not belong to the ministries and commissions of the national administrative work;

(four) unified leadership over local organs of State Administration at various levels shall work, detailed division of state administrative organs of the central and provincial, autonomous region, municipality directly under the central government authority;

(five) to draw up and implement the plan for national economic and social development and the state budget;

(six) the leadership and management of economic work and urban and rural construction;

(seven) the leadership and management of the education, science, culture, health, sports and family planning work;

(eight) the leadership and management of civil affairs, public security, judicial administration and supervision work;

(nine) the management of foreign affairs, conclude treaties and agreements with foreign states;

(ten) the leadership and management of national defense construction;

(eleven) the leadership and management of national affairs, to guarantee the equal rights of minority nationalities and the autonomy of national autonomous areas;

(twelve) to protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives;

(thirteen) to change or cancel the Department, the Committee issued inappropriate orders, directives and regulations;

(fourteen) alters or annuls inappropriate decisions and orders issued by local organs of State Administration at different levels;

(fifteen) region approved by the provincial, autonomous regions and municipalities, approve the establishment and geographic division of Autonomous Prefecture, county, Autonomous County, city;

(sixteen) in accordance with the law determines the state of emergency area of province, autonomous region, or municipality directly under the central government in entering;

(seventeen) the preparation of audited agencies, appointment and removal, in accordance with the law, training, examination and rewards and punishments administrative personnel;

(eighteen) the other powers granted by the Standing Committee of the National People's Congress and the National People's congress.

　　Article ninetieth Chairman 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-first Auditing 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-second The State Council is responsible and report on its work to the National People's Congress; when the National People's Congress is, to the Standing Committee of the National People's Congress shall be responsible and report.

　　
The fourth section of the Central Military Commission


　　Article ninety-third The 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-fourth The 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 section of local people's congresses and local people's governments at various levels


　　Article ninety-fifth Province, municipality directly under the central government, city, county, city, District, township, nationality township, the town established the people's Congress and the people's government.

Local people's congresses and local people's governments at different levels shall be prescribed by law.

Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and work of the organs of self-government in accordance with the basic principles of the constitution of third chapter fifth, section sixth shall be prescribed by law.

　　Article ninety-sixth Local people's congresses at various levels are the local organs of state power.

At or above the county level shall be established by local people's congresses standing committee.

　　Article ninety-seventh Province, 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-eighth Each term of office of local people's congresses in five years.

　　Article ninety-ninth Local 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 100th Province, municipality directly under the central government of the people's congresses and their standing committees, the premise in the constitution, laws, administrative regulations conflict, can make local regulations, be submitted to the Standing Committee of the National People's Congress for the record.

　　Article 101st Local people's congresses elect, and have the right to recall the people's government at the same level, governors and deputy governors, mayors and deputy mayors, county magistrate and deputy magistrate, governor and deputy governor, mayor and deputy mayor, mayor and vice mayor.

Local people's congresses at and above the county level shall elect and have the power to recall the people's court at the same level people's Procuratorate at the corresponding level and the long. The election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators, superior to the approved by the Standing Committee of the people's congress.

　　Article 102nd Province, 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 103rd The 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 104th The 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 105th Local people's governments at various levels are the executive bodies of local organs of state power at all levels of administrative organs, is the local state.

Local people's governments at various levels shall be responsible for the preparation of governor, mayor, county, District, township, the mayor.

　　Article 106th Local people's governments at all levels of each term of office of the people's congresses at the same.

　　Article 107th The 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 108th The 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 109th Auditing bodies are established by local people's governments at or above the county level. Local audit institutions at various levels in accordance with the law independently exercise their power of supervision through auditing, responsible to the people's government at the corresponding level and the auditing body at the next higher level.

　　Article 110th Local people's governments at various levels are responsible and report on their work to people's congresses at the corresponding levels. During the period of the local people's governments at or above the county level is when the people's Congress, the Standing Committee of the people's Congress shall be responsible and report.

Local people's governments at all levels of administrative organs at the next higher level are responsible and report on the work of national. Local people's governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council, obey.

　　Article 111st City and rural residential area set up by the residents committees and villagers committees are grass-roots mass self-government organizations. The residents committee, chairman, vice chairmen and members of a villagers committee are elected by the residents. The residents' committee, villagers' committee relations with government by law.

The residents' committee, villagers committee people's mediation, public security, public health and other committee, for the living area of public affairs and public welfare undertakings, mediate civil disputes, help maintain public order, and reflect the opinions of the masses, the people's Government of the requirements and suggestions.

　　
The organs of self-government of the national autonomous areas sixth Festival


　　Article 112nd Autonomous organs of the autonomous region, autonomous prefecture, Autonomous County People's Congress and the people's government.

　　Article 113rd Autonomous regions, autonomous prefectures, Autonomous County People's Congress, in addition to representatives of the nationality exercising regional autonomy, on behalf of other living in the administrative areas of the nation should also include an appropriate number of.

The Standing Committee of the people's congresses of the autonomous regions, autonomous prefectures and autonomous counties, in exercising regional autonomy should be citizens of the ethnic group director or deputy director.

　　Article 114th The chairman of an autonomous region, autonomous prefectures, autonomous county shall be a citizen of the nationality exercising regional autonomy as.

　　Article 115th Local 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 116th People's congresses of the autonomous areas have the right in accordance with the characteristics of the local ethnic political, economic and cultural, to formulate autonomous regulations and separate regulations. The autonomy regulations and specific regulations of autonomous regions, reported to the Standing Committee of the National People's Congress for approval. Autonomous prefectures and autonomous counties, autonomous regulations and separate regulations, the Standing Committee of the people's Congress of the province or autonomous region for approval, and reported to the Standing Committee of the National People's Congress for the record.

　　Article 117th Organs 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 118th The 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 119th The 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 120th The 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 121st The 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 122nd Countries 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.

　　
In section seventh, the people's court and the people's Procuratorate


　　Article 123rd The people's Court of the people's Republic of China are the judicial organs of the state.

　　Article 124th The people's Republic of China has established the Supreme People's court, the local people's courts at different levels, military courts and other special people's courts.

The president of the Supreme People's court term as the National People's Congress is elected for a term of the same, shall serve no more than two consecutive.

The organization of people's courts shall be prescribed by law.

　　Article 125th The people's court cases, especially cases in addition to the provisions of law, shall be heard in public. The accused has the right to defense.

　　Article 126th The people's court in accordance with the law to exercise judicial power independently, not by administrative organs, social groups and individuals.

　　Article 127th The Supreme People's court is the highest judicial organ.

The Supreme People's court supervision of local people's courts at various levels and of the special people's court, the superior people's court for trial supervision work of the lower court.

　　Article 128th The Supreme People's court is responsible to the National People's Congress and Standing Committee of the National People's congress. Local people's courts at all levels responsible for creating its national authority.

　　Article 129th The people's Procuratorate of the people's Republic of China are state organs for legal supervision.

　　Article 130th The people's Republic of China establishes the Supreme People's Procuratorate, local people's procuratorates at all levels and the military procuratorates and other special people's procuratorate.

The Supreme People's Procuratorate term as the National People's Congress is elected for a term of the same, shall serve no more than two consecutive.

The organization of people's procuratorates is prescribed by law.

　　Article 131st The people's Procuratorate in accordance with the law, exercise procuratorial power independently, not by administrative organs, social groups and individuals.

　　Article 132nd The Supreme People's Procuratorate is the supreme procuratorial organs.

The Supreme People's Procuratorate directs the people's procuratorates at various local levels and of the special people's procuratorates work, superior people's Procuratorate directs the work of the lower level people's procuratorate.

　　Article 133rd The 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 134th Citizens 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 135th The 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 chapter flag, national anthem, the national emblem, the capital


　　Article 136th The 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 137th The people's Republic of China national emblem, the middle is the Tiananmen star shining, is around the ears and gear.

　　Article 138th Beijing is the capital of the people's Republic of china. 
 
　  The Manifesto of the Communist Party
  

"Communist Manifesto" class struggle theory; reveals the inherent contradiction and the development of capitalist societyLawThe article demonstrates the necessity, death of capitalism and the victory of socialism. "Declaration" discusses the great historical mission of proletariat as the gravedigger of capitalism; the thought of Marx's theory about the dictatorship of the proletariat; the Communist revolution not only with the traditionalOwnershipThe relationship between the most radical rupture, but also to the sameTraditional ideasThe most radical rupture; clarifies the nature and task of the Communist party. This book from its inception to inspire and motivate the whole world proletariat liberation struggle, become the sharp weapon to fight. Engels pointed out: it is the most extensive and most international works spread all socialist literature, is the world of millions ofWorkerThe common programme.

The full text content

Introduction

 

AGhost, the spectre of communism, wandering in continental europe. In order to make the Holy GhostEncirclement and suppressionAll the powers of old Europe,The pontiffAndCzar,MetternichAndGuizotRadical, France and GermanyPolice, all united.
What aOpposition partyDon't be its enemies in power called for the party? And the opposition parties which do not take offense to the communism with more advanced opposition parties and their reactionary enemies?
From this fact can draw two conclusions:
Communism has been all European powers recognized as a force;
Now is the time for the Communist Party to all over the world publish their views, their aims, their intentions and with a manifesto of the party itself to refute a nursery tale of the spectre of communism.
For this purpose, the Communist countries assembled in London, and sketched the following declaration, withEnglish,French,Devin,Italian,FlemishAndDan MaiwenAnnounced to the world.

A, bourgeois and Proletarians

So far all the society's history is the history of class struggle.
　　FreemanAnd the slave,The nobilityAnd civilians, Lord and serf, guild master and journeyman, in a word, the oppressors and the oppressed, stood in constant opposition to one another, constantly, sometimes subtle and sometimes open fight, and each time the outcome of the struggle is the class the whole society by the revolution or strugglePerish together.
In the past epochs of history, we find almost everywhere in society into various orders, seeSocial statusDivided into various levels. In theAncient Rome, noble, knight, civilians, slaves, in the middle ages, aA feudal lord, servants, guild masters, helper, serfs, and almost in every class and some special classes.
From theFeudal societyModern bourgeois society produced death did not destroy the class antagonism. It is only with the new class, new conditions of oppression, new forms of struggle in place of the old.
However, our times, the bourgeois era, but has a characteristic: it has simplified the class antagonisms. The whole society is split into two camps, divided into two big classes directly facing each other: the bourgeoisie and the proletariat.
From the serfs of the Middle Ages the city earlyChengguanThe public; first elements of the bourgeoisie were developed from these burgesses.
　　AmericaDiscovery, bypassAfrikaSailing, to the new bourgeoisie has opened up a new world.East IndiaAnd Chinese market, the colonization of the Americas, theThe coloniesIncreased trade, the means of exchange and general merchandise, so commercial, maritime industry and industrial rising, so in the tottering feudal society, the rapid development of the revolutionary factors.
The feudal or guild management industry has been unable to meet with the emergence of new markets and the increased demand.Workshop handicraft industryInstead of this mode of operation. The guild masters were pushed aside by the manufacturing middle class; between the various industry organizations division with each workshop internal division of labor and disappeared.
However, the market is always in the expansion, demand is always on the increase. Even the workshop handicraft industry can no longer meet the need. Thereupon, steam and machinery revolutionised industrial production. For the modern industrial workshop handicraft industry; industrial millionaires, one of the leaders of the whole industrial armies, the modern bourgeois, the place of the industrial middle class.
Large industrial set up by the discovery of the Americas prepared the world market. The world market has got enormous development make commercial, maritime and overland transportation. This development in turn promote industrial expansion, at the same time, along with the expansion of industrial, commercial, maritime industry and railway, the bourgeoisie developed to the same extent, increased its capital, all class handed down from the middle ages are pushed into the background.
Thus, the modern bourgeoisie is itself the product of a long course of development, is a series of revolutions in the modes of production and of exchange.
Each stage in the development of the bourgeoisie, was accompanied by a corresponding political progress. It is the oppressed class in feudal rule, is armed and autonomous organizations in the community, an independent republic in some parts of the city, which in other placesMonarchyIn the taxThird grade; later, in the period of workshop handicraft industry, it is the hierarchy monarchy or autocratic monarchy and aristocracy countervailing force, and is the main basis of maharaja main country; finally, from the industry and the world market established, it is in the modern representativeCountryLi won the exclusive rule. ModernThe state powerBut is the common affairs management of the whole bourgeois Committee.
The bourgeoisie in history has played a most revolutionary role.
The bourgeoisie in it has been made to rule the place to all feudal, patriarchal and idyllic are destroyed. It ruthlessly cut off the people tied to natural elders of every hue of the feudal fetters, it makes people than naked self-interest, besides the unfeeling "cash payment", there are no other connection. The religious piety, Knight warmly, philistine sentimentalism divine attack, submerged in icy water of self-interest to. It put the human dignity into exchange value, with a no conscienceFreedom of tradeInstead of the countless franchising and self earned freedom. To make a long story short, it discloses, shameless, direct, brutal exploitation instead of by religious and political illusionsCover upThe exploitation.
The bourgeoisie has been erased all respected and feared the halo occupation. The doctor, lawyer, priest, poet and scholar into its paid employment labourer.
The bourgeoisie has torn off the mask in the family relationship is full of tender feelings veil, put this relationship into a purely monetary relationship.
The bourgeoisie has revealed, in the Middle Ages by the reactionaries praising that human wild use, is the extreme burnout as the corresponding supplementary. It demonstrated the first, human activities can achieve what kind of success. It creates a completely different from the Egyptian pyramids,Rome waterwayAnd the Gothic Church of miracle; it was totally different from theThe migrationsThe expedition and the crusades.
Unless the bourgeoisieTool of production, and thereby the relations of production, and thus for allSocial relationsThe revolution continually, otherwise it can not survive. On the contrary, wholly intact to maintain the old mode of production, the first condition is all the past industrial class survival. The constant change of production, all the social status of the unrest, everlasting uncertainty and change, this is the bourgeois era is different from all past times. All fixed, rigid relationship and the corresponding element is exalted ideas and insights have been eliminated, all newly formed relationship not fixed on the old. All the grades and fixed things disappear in smoke, all that is holy is profaned. The people finally had to calm look at their lives, their relationship status.
Need to continue to expand product sales,DriveThe bourgeoisie over the whole surface of the globe. It must be set up everywhere, everywhere business[1]Everywhere, establish contact.
The bourgeoisie, the exploitation of the world market, so that all the countries of production and consumption have become a world-wide. The reactionaries is regrettable, bourgeois dug out the national basic industries at the foot of the. AncientNational industryWas eliminated, and every day was destroyed. They are new industry out, establish new industry has become all civilized nations vital problem; the industrial processing, has not the local raw materials, but from very distant regions of the raw material; their products not only for domestic consumption, but also forAll over the worldConsumption. The old, on its products to meet the need, the need to be replaced by new, rely on the most distant countries and areas of the product to meet the. The regional and national state of provide for oneself and close the country to international intercourse, are all aspects of each nation dealings with each other and all aspects of mutual dependence in place. Material production is so, so is the spirit of the production. Spiritual products of individual nations become public property. National one sidedness and limitations become more and more impossible, and from the numerous national and local literature and formed a kind of world literature.
The bourgeoisie, by the rapid improvement of all instruments of production, due to the extremely convenient traffic, all the national and even the most savage nation into the civilization to the. The cheap prices of commodities, it is used to destroy everythingThe Great WallThe barbarians, conquer the most tenacious xenophobia heavy artillery. It compels all nations -- if they don't want to die -- the bourgeois mode of production; it compels them to introduce the so-called civilization into their midst, which become the bourgeois. In a word, according to its own features to create for themselves a world.
The bourgeoisie has subjected the country to the city's rule. It has created enormous City, the city population ratioThe rural populationGreatly increased the state, so that a considerable part of the population from the rural life of folly. Just as it has made the country belongs to the city, it makes noKaihuaAnd semi barbarian countries belong to the civilized countries, theA farmerPeople from the nations of bourgeois, the East on the west.
The bourgeoisie with increasing intensityThe means of productionThe dispersion state, property and population. It makes the population intensive, the production data together, the concentrated property in a few hands. Focus on the necessary consequence of this was political. Independent, almost the only alliance, each have different interests, different legal, government, different systems of Taxation, now combined as one has unified government, unified legal, unified national class interests and unified tariffs the United nation.
The creation of bourgeois in its less than one hundred years of ruling class in productivity, more than all the past generation create all productivity, greater. The conquest of the forces of nature, the machine adopts, application of chemistry to industry and agriculture, the road, railway traffic, use of the telegraph, reclamation of the entire continent, river navigation, large populations conjured out of the ground -- in the past century, what a thought inSocial laborWhere there are such productivity?
Thus, means and exchange on which the bourgeoisie of the means of production, is generated in feudal society. A certain stage of development of these means of exchange in the means of production and of the feudal society, production and exchange relations among, feudal organisation of agriculture and manufacturing industry, in one word, the feudal relations of property, is no longer fit has been the development of productivity. This relationship has been hindered production rather than promote production. It becomes bound productionShackle. It must be destroyed, and destroyed it.
Instead ofFree competitionAnd adapt with the free competition in the social and political system, the bourgeoisieEconomicsAnd political sway.
Now, we saw a similar movement. The bourgeois relations of production and exchange, the ownership of the bourgeoisie, that has conjured up such a huge production and the means of exchange of modern bourgeois society, now like a magician who is no longer able to control himself with a spell to call out to the devil. Decades of industrial and commercial history, but the revolt against the modern production relations, as a condition for the existence of bourgeois and of its rule of ownership relation history. As pointed out in the business crisis cyclical repetition of more and more of a threat to the whole bourgeois society is enough. In the business during the crisis, is not only a large part of manufactured products is destroyed, and a large part has caused productivity is destroyed. During the crisis, a in the past all the time would have seemed an absurd phenomenon of social plagues, namely overproduction of plague. Society suddenly found himself back in the state of momentary barbarism; as if a famine, a universal war of devastation, makes the society lose all life; as if is industrial and commercial total destruction, -- what is the reason? Because the society civilization over, life's too much information,IndustryAndCommercialToo rich. The society has productivity cannot promote the development of the bourgeois civilization and bourgeois ownership relationship; on the contrary, productivity has strong to this relationship can not adapt to the situation, which has been the obstacle; rather it to overcome these obstacles, so that the whole bourgeois society into chaos, makes bourgeois ownership existence is threatened. The relationship between the bourgeoisie is too narrow, and then hold the wealth created by them. -- bourgeoisie with what method to overcome thisCrisis? Hand had to eliminate a large number of productivity, seize new market on the other hand, a more thorough exploitation of the old ones. Is this a way how? But this is the bourgeoisie for more extensive and more violent solution to the crisis, but the crisis prevention means fewer measures.
The bourgeoisie felledThe feudal systemWeapons, but now against the bourgeoisie itself.
However, not only has the bourgeoisie forged the weapons themselves to death; it also has to use the weapon -- modern workers, namely the.
When the main exploitation of workers to come to an end, workers receive wages in cash when, immediately the other portions of the bourgeoisie, the landlord, the shopkeeper, the pawnbroker, running towards them.
The intermediate level of the previous layer, the small manufacturer, small business and small rentier,HandicraftsmanAnd peasants -- all these classes are down to the proletariat, partly because their small capital is not enough to run a large industry, cannot afford large capitalist competition; partly because their technology is the new production method rendered worthless. The proletariat is the way from all classes of the population supplement.
The proletariat goes through various stages of development. It's fight against the capitalist is started at the same time and its existence.
The first is the single worker, then is a factory worker, then is a labor department of a local workers, the struggle against the direct exploitation of their individual assets. They not only attack the bourgeois relations of production, but against the instruments of production themselves; they destroy imported goods that compete, destroyed the machine, the burnt plant, trying to restore the lostThe medieval timesThe status of workers.
At this stage, the workers are still scattered around the country and the people split into competition. Large-scale assembly workers, not their own joint results, but the bourgeoisie combined results, then the bourgeoisie in order to achieve their own political purposes and must be temporarily also can put the whole proletariat started. Therefore, at this stage, the proles not with his enemies to fight, but the enemies of their enemies to fight, withAutocratic monarchyThe residual, landlords, nonThe industrial bourgeoisieAnd petty bourgeois struggle.Therefore, the whole historical movement is concentrated in the hands of the bourgeoisie; every victory in this condition are bourgeois victory.
However, with the development of industry, the proletariat not only increases in number, and it is combined into a larger collective, its strength grows, it is becoming more and more feel the force. The machine makes labor the difference is getting smaller and smaller, nearly everywhere reduces wages to the same low level, thus the interests and conditions of life within it more consistent. The growing competition among the bourgeois, and the resulting commercial crises, make the wages of the workers more and more unstable; machine rapidly and continued improvement, make the worker's whole life is becoming more and more insecure nature; conflict between bourgeois take more and more with two class the. The workers begin to form the alliance against the bourgeois; together they defend their wages. They found permanent groups, so as to possible resistance to prepare food. In some places, struggle for the outbreak of the uprising.
Workers sometimes get victory, but the victory is only temporary. The real result of their struggle is not directly the success, but the workers with the ever expanding. This joint because of the increasingly well-developed transport caused by industry and develop, the vehicle around the workers in contact with one another. As long as there is such a link, can make many of the same nature local struggles merged into national struggle, merged into the class struggle. But every class struggle isThe political struggle. The burghers of the middle ages need hundreds of years to reach the railway as long as the modern proletarians, achieve in a few years.
The organization into a class, and organizations to becomePartyThis thing, constantly due to the competition between the workers themselves and the damage. However, this kind of organization is the re production, and a more powerful, more solid, more powerful. It uses the split within the bourgeois class, forcing them to use legal recognition of particular interests of the workers.BritainTen hour working day bill is an example.
　　The old societyAll internal conflicts are promoting the development in many aspects. The bourgeoisie in constant struggle: first with the aristocracy: later against the bourgeois interest conflict with the industrial progress;OftenAgainst all of the bourgeois. In all these battles, itself compelled to appeal to the proletariat, ask for its assistance, so the proletariat into political movement. So, the bourgeois themselves to the educational factors against their own weapons for the proletariat.
Secondly, we have seen, the progress of industry of the ruling class the whole batch of members into the proletariat, or at least make their living conditions under threat. They also brought a lot to the educational factors.
The middle class, the small manufacturer, small traders, artisans, farmers, they fight against the bourgeoisie, is to maintain their survival of the middle class, so as not to die. Therefore, they are not revolutionary, but conservative. Not only that, they are reactionary, for they try to roll back the wheel of history. If they are revolutionary, it was given that they will transfer into the proletariat, so, they would not maintain their current interests, but to preserve their future interests, they left their original position, and the station to the stand of the proletariat.
　　RogueThe proletariat is the corruption of negative the old order of society, they are in some places is the proletarian revolution swept into the movement, however, because of their whole life, they are more willing to be bought, do the reactionary activities.
In the conditions of life, the old social conditions of life has been destroyed. The proletarian is without property; his relation to his wife and children and family relations with the bourgeoisie has no longer anything in common; modern industrial labour, modern capital oppression, either in England or France, both in theUSAOr Germany, are the same, the proles lost anyNationality.Law, morality, religion, in their view is all bourgeois prejudice, hidden in these biases behind all the interests of the bourgeoisie.
All the preceding classes, always make the whole society obey their get rich conditions, in an attempt to consolidate their already acquired status. The only the abolition of their own previous mode of appropriation, and the abolition of all previous mode of appropriation, to achieve social productive forces. The proles did not what things must be protected, they must destroy has protection and securityPrivate propertyAll.
All the movements of the past are a minority or for the interests of the minority sports. The proletarian movement is independent of the motion of the vast majority of people, the vast majority of people's interests. The proletariat, the bottom of society today, if not to blow up the entire upper form of official society, cannot raise head, chest.
If not in substance and form, struggle of the proletariat against the bourgeoisie is at first a national struggle. The proletariat of each country of course should be the first to overthrow the national bourgeoisie.
In depicting the most general phases of the development of study, we sequentially within existing society more or less veiledThe Civil WarUntil the war broke out, for open revolution, with the violent overthrow of the bourgeoisie and the proletariat to establish their rule.
We have seen so far, all the society are built on a foundation of opposition of oppressing and oppressed classes. However, in order to oppress a class, the class must be guaranteed at least the survival condition can continue its slavish. The serf serfdom under the struggle to the commune members status, petty bourgeois was under the yoke of feudal absolutism, struggling to the bourgeois status. Modern workers are on the contrary, they did not rise with the progress of industry, but more and more to the conditions of existence of the class. He becomes a pauper, poverty and wealth than population growth faster. It can be clearly seen, the bourgeoisie can no longer to be the ruling class in society, and then can not put their class living conditions as over all the rules imposed on society. Unfit to rule, because it can't even guarantee their slaves to maintain life of slavery, because it had to let their slaves to can't feed it to it to feed. Society can no longer live under its rule, that is to say, its existence is no longer compatible with society.
The fundamental conditions for survival and rule of the bourgeoisie, is the accumulation of wealth in private hands, is the formation and augmentation of capital; the condition for capital isLabor employment. Labor is completely based on the competition between the laborers. The bourgeois involuntary resistance industrial progress, so that workers through the association of the revolutionary united instead of their due to competition dispersion state. Therefore, the development of modern industry, foundation on which the bourgeoisie produces and holds the product itself from the foot of it was dug out. It is the first production is its own gravedigger. The demise of the bourgeoisie and the proletariat's victory is the same can not beAvoidThe.

Two, proletarians and Communists

Relations with all the Communists is how?
Special political party is not the party opposed with other workers.
They don't have any with the interests of the proletariat different interests.
They do not put any special principles, to build the proletarian movement.
The Communists and other political party of the proletariat in different places is: on the one hand, countries in the struggle, Communists emphasized and adhere to the proletarian common regardless of the interests of the nation; on the other hand, experienced in the proletariat and the bourgeoisie against the various stages of development, the Communist Party must always represent the interest of the whole movement.
Therefore, in practice, the Communist Party is the workers of all countries in the most resolute, always plays a promoting role in part; in theory, they more than the rest of the proletarian masses place lies in their understanding of the proletarian movement conditions, process and results.
The Communist is the same and the nearest of all the other proletarian parties: formation of the proletariat into a class, the overthrow of bourgeois rule, conquest of political power by the proletariat.
Theory of Communist Party, not by this or that the world reformer invention or discovery of thought, for the principle of.
These principles are general statements true relationship existing class struggle, we present the historical movement. All the abolition of existing property relations, a distinctive feature is not a communist.
All property relations have experienced frequent history, often change history change.
For example, the French Revolution abolished feudal, the bourgeois property.
The distinguishing feature of communism is not the abolition of generally, but the abolition of bourgeois.
However, the modern bourgeoisiePrivate ownershipIs the establishment in the final and most complete class antagonisms, based on some of the others exploitation above the production and possession of the performance.
In this sense, the Communist Party can bring their ownTheoretical generalizationMake a sentence: the elimination of private ownership.
Some people blame we Communists, that we must destroy the person earns, their own labor to property, to destroy the structure of all personal freedom, activity and independence of property.
A labor to, earned, earned property! Do you mean the bourgeois ownership before thatThe petty bourgeoisieThe peasant, the property? There is no need to abolish, industrial development has destroyed it, and every day to destroy it.
Or, do you mean the modern bourgeois private property?
But, don't hire labour, the work of the proletarians, will give the property to create? No matter. This created by labor is the capital, is the exploitation of labor property, only by constantly produce new labor to be exploitative conditions to increase property. This property is now on the antagonism of capital and wage labour. Let us have a look two aspects of this antagonism.
To be a capitalist, that is to say, he have not only a purely personal status in production, but a social status. Capital is a collective product, and only by the common action of many members of society, but in the final analysis only through the joint action of all members of society, can it be set in motion.
Therefore, capital is not a personal, but a social power.
Therefore, the capital into public property, belong to all members of society, it is not personal property into social property. When the change is the social character of the property. It loses its class character.
Now, we come to have a look of labor.
The average price of wage labour is the minimum wage, which workers as required to maintain its workers life data amount. Therefore, hire workers on their own labor share things, reproduction only enough to maintain his life. We never intended to destroy this product for life reproduction with labor personal possession, the possession and don't leave any surplus thing likely to dominate others labor makes people. We want to destroy is the possession of the poor properties, in the possession, workers merely to increase capital and alive, only in the interests of the ruling class need to be alive when he was alive.
In bourgeois society, living labour is but a means to increase accumulated labour. In theThe Communist societyLi, accumulated labour is but a means to expand, enrich and a means to improve the worker's life.
Therefore, in bourgeois society the past dominate, in Communist society is now dominated the past. In bourgeois society, capital has independence and individuality, while the living person is not independence and individuality.
The bourgeoisie has to eliminate this relationship as abolition of individuality and freedom! Say to the. Indeed, it is to destroy bourgeois individuality, independence and freedom.
In the range of the bourgeois relations of production, the so-called freedom is free trade, free trade.
However, the sale of a vanished, free selling and buying will disappear. On the free trading of speech, like our bourgeoisie all other free things, just for the free trade, the medieval enslaved people, only then has the significance, while for the communistic abolition of buying and selling, the bourgeois relations of production and the bourgeoisie itself this point, but have no meaning.
We want to eliminate private ownership, you panic. However, in your existing society, private property of 9/10 members have been eliminated; the private ownership exists, it is because of the private property of 9/10 members to do not exist already. Visible, you blame us, is that we want to exterminate the ownership to the vast majority of people in society without property is the prerequisite for.
To make a long story short, you blame us, is that we must eliminate your kind of ownership. Indeed, we are going to do it.
From the labor can no longer be converted into capital, money, or rent, in a word, it can no longer be converted into monopoly of social forces, that is to say, from the personal property can no longer be converted into time bourgeois property, you say, personality isDestroyThe.
Thus, you admit, you understand the individuality, but is the bourgeois, bourgeois private owners. This individual should be eliminated.
Communism is not deprived of any person in possessionSocial productPower, it only deprived of using this holds the power to subjugate the labour of others.
Some people argue that, the abolition of private property, all the activities will be stopped, the wind will rise lazy.
That said, the bourgeois society should perish because of lazy, because in this society is not the winner who work, do not work. All these concerns, can be attributed to such a tautology: when there is no capital, no longer have to hire labor.
Play style and production method of all the Communist material products of blame, was also extended to possession and production to spiritual products. As the class ownership termination in assets seems to be the termination of production itself, the disappearance of class culture in their view termination is equal to all education.
He laments that education lost, for the vast majority of people is to train people machine.
However, if you use your bourgeois notions of freedom, education, law and so on to measure the abolition of bourgeois property, then please don't wrangle with us. Your idea is itself the product of bourgeois relations of production and the relations of ownership, just as your law is merely regarded as legal the will of your class, and this will is part of your class material life conditions to decide.
Your self concept that you take your own relations of production and the ownership relation from the historical, in the production process is temporary relationships become eternal laws of nature and of reason, the self concept is you and everythingPerishThe ruling class that has. When talking about the ancient all of you can understand, and when it comes to the feudal ownership of you can understand, when it comes to bourgeois ownership you cannot understand.
Abolition of the family! Even the most radical and the Communists shameful intention expressed indignation.
The modern, the bourgeois family is based on what basis? Is the establishment in the capital, based on the above private fortune. This family is among the bourgeoisie. In order to fully develop the form of existence, and the forced to live alone and public prostitution to supplement it.
The bourgeois family will naturally disappear with its complement vanishes, and both will disappear with the disappearance of the capital.
You blame us to eliminate the exploitation of children by their parents? We recognize that this crime.
But, you say, we useSocial educationInstead of family education, the relationship is to destroy the most intimate.
And your education is not determined by the society? But you will decide education that social relationships? Decided not to also by the society through the schools and so on are direct or indirect interference? The Communists have not invented the intervention of society in education; they just is to change the nature of this influence, influence to make education get rid of the ruling class.
The all family ties among the more damaged by industrial development, their children, more is due to the development of transformed into simple goods and labor, bourgeois about the family and education, the intimate relationship of parents and children talk more make people sick.
But, you Communists is to implement the "Communists" ah, - the whole bourgeoisie by common consent to us.
The bourgeois sees his wife a mere instrument of production. They heard the tools of production to public use, naturally can not think of women would suffer a similar fate.
They want to also did not think of, is to make women no longer mere instruments of production status.
In fact, our bourgeois pretend to pose as a person of high morals, the Communists to officially monogamous expressed surprise, that is more ridiculous than the. The Communists have no need to carry out, it is almost always there.
Our assets are not in their proletarian wife and daughter under their control to meet the formal prostitution, needless to say, they also with seducing each other's wives for maximumPleasure.
Bourgeois classMarriageActually the wife. People can only blame the Communist Party, said they want to use the formal, public public wife instead of hypocritical mask with the public. In fact, it is self-evident, with the elimination of the relations of production now, produced from the relationship of the Communists, including formal and informal prostitution, also disappeared.
Others blame the Communist Party, said they were going to cancel the motherland, cancel the nation.
The workers have no country. Never deprive something they do not have. Because the proletariat must first obtain the political rule, rise for the national bourgeoisie, the organization became the nation, so it is national, although that means not in the bourgeois sense of the.
With the development of the bourgeoisie, along with the establishment of the free trade and world market, to uniformity in the industrial production and the living conditions of the people of all countries, national differences and antagonisms between disappearing.
The supremacy of the proletariat will make them more quickly disappear. Joint action, at least in civilized countries joint action, is the one of the first condition for the liberation of the.
The exploitation of man by man a kill, nation to nation exploitation will disappear.
The antagonism between classes within the nation disappeared, ethnic rivalry will disappear.
From the religious,PhilosophyAll the blame and general ideological views on communism, are not deserving.
The idea of people, ideas and concepts, in a word, the awareness of people, with the people's living conditions, people's social relations, people's social existence changes, does it require thinking to understand?
The history of ideas in addition to prove the spirit production and transformation with the transformation of material production, but also prove what? The ruling ideas of each age always just thinking of the ruling class.
When people talk about the social revolutionary ideas, they just show a fact: in the old society has formedThe new societyThe factors, the dissolution of the old ideas keep step with the same old conditions of existence of the.
When the ancient world's demise, the ancient religions were overcome by christianity. When the Christian thought in the eighteenth CenturyEnlightenment thoughtBeat time, feudal society is with the then revolutionary bourgeoisie desperate struggle. Ideological and religious liberty and freedom, but that freedom competition dominant belief in the field.
"But", some people will say, "religion, ethics, philosophy, politics, law and so on is changing in the process of history, religion, ethics, philosophy, politics and law in this kind of change isThroughoutPreserved.
In addition, there are all theSocial statusThe common eternal truths, such as freedom, justice, etc.. But Communism abolishes eternal truths, it should be abolished religion, morality, and not to reform, so the Communist is the same today all the history of the development process in contradiction."
Such accusations, summed up why? Has all of the history of society is in the development of class antagonisms, the opposition has different forms at different times.
But, no matter the class antagonism has what kind of form, a section of society is exploited to another part of the common fact all past ages. Therefore, not surprisingly, each century social consciousness, despite of every hue, differ in thousands of ways, always moving in the form of some common in, these forms, these forms of consciousness, only when the class antagonism disappeared completely will completely disappear.
The Communist revolution is the most radical rupture with traditional property relations; not surprisingly, it is the most radical rupture with traditional ideas in their own development process.
However, we still have the bourgeois objections to communism.
We have seen above, the first step is to make the workers revolutionary proletariat ruling class, strive for democracy.
The proletariat will use its political rule, all the capital step by step to seize the bourgeois, put all the tools of production centers in the country or organization as the ruling class of the hands of the proletariat, and quickly increase the total of productive forces as far as possible.
To do this, we must implement a mandatory on ownership and bourgeois relations of production interference, is also to take such measures, these measures seem to be insufficient and forces in the economy, but in the process they will beyond itself, but as a change of all production method is essential the.
These measures will of course be different in different countries.
However, the most advanced countries all can take the following measures:
1 deprivation estate, rent out land for national expenditure.
2 a heavy progressive tax.
3 abolitionThe right of inheritance.
4 the confiscation of the property of all emigrants and rebels.
5 by havingThe national capitalAnd an exclusive monopoly state bank, centralisation of credit in the hands of the state.
6 all the transportation industry concentrated in the hands of the state.
7 by the state-run factories and production tools, land reclamation and soil improvement.
8 the implementation of universal labor obligations system, establishment of industrial armies, especially for agriculture.
9 the combination of agriculture and industry, the confrontation between urban and rural areas gradually eliminate.
10 of all children in public schools and free education. Cancel this form of child labor. The combination of education with industrial production, etc..
When the class distinction in the development process has disappeared and all production is concentrated in the United individual hands,Public powerWill lose its political nature. The original meaning of the political power, is a class used to oppress another class of organized violence. If the proletariat in the fight against the bourgeoisie in the struggle must be combined into a class, if the revolution to becomeRuling classThe ruling class, and the qualification used violence to destroy the old relations of production, so it is the eradication of the relations of production at the same time, also would eliminate the existence conditions of class antagonisms and class itself, thereby eliminating the it myself this class rule. 　
In place of the old bourgeois social classes and class antagonisms, we shall have an association, in there, the free development of each is the condition for the free development of all.

Three, the socialist and Communist literature

1 reactionary socialism
(a) Feudal Socialism
The French and the British aristocracy, owing to their historical position of the mission, is to write some against modern bourgeois society works. In France, 1830The July revolutionAnd the British reform movement, they once again by the hateful upstart. From then on no serious political struggle. They can do only text struggle. However, even in the word can not be cries of the restoration period song. In order to arouse sympathy, the nobles had to smugness, they seem to have no concern for the interests of their own, only to be exploited working class interests to indictment against the bourgeoisie. They used to vent their anger means is: sing curse their newRulerSong, and said some more or less dangerous to the prophecy he chattered.
So was born the Feudal Socialism, half lamentation, half lampoon; half echo of the past, half menace of the future; it can sometimes also with spicy, witty and incisive criticism, striking the bourgeoisie to heart, but because it did not understand the course of modern history but always ludicrous.
In order to rally the people, the nobles the proletarian alms bag as the flag waving. However, when people joined them, saw on their hindquarters the old feudal coats of arms, and then laughed, break up in an uproar.
One section of the French orthodox and "young England", has acted in the play.
A feudal lord said, their exploitation and bourgeois exploitation, they forget, they are exploited in a completely different, at present already outdated and conditions. They said that, under their rule and the modern proletariat never existed, they forget, the modern bourgeoisie is the inevitable outcome of their social system.
However, they made no effort to hide their reactionary nature of criticism, mainly counts them against the bourgeoisie is: where there is a will blow up the old social system class developed in the bourgeois regime.
They blame the bourgeoisie, it is because it creates a proletariat, as that it creates a revolutionary proletariat.
Therefore, in the political practice, they join in all coercive measures against the working class, in daily life, they rebelled against their own highfalutin language, stoop to pick upJin PingguoRegardless of faith, love, and honour for wool, sugar beet and liquor sales.
As always with the feudal lord monks walk hand in hand, so has clerical socialism with Feudal Socialism walk hand in hand.
To giveChristianAsceticism a socialist tinge, nothing is easier than. Has not Christianity declaimed against private property, against marriage, against the state? It is not to promote the use of charity and poverty,SingleAndAbstinenceReligious worship, and to replace it? Christian Socialism, but which the priest was sanctified holy water.
(b) petty bourgeois Socialism
The only class of feudal nobles and not by the bourgeoisie has overturned, their living conditions worsened in the modern bourgeois society and disappear. Mediaeval burgesses and the small peasant proprietors are the precursors of the modern bourgeoisie. In the industry is not very developed countries, this class is emerging bourgeoisie vegetate side by side with.

Four, the Communist Party of the opposition attitude

After the second chapter, we can understand the relationship with the already formed Workers Party of Communists, so they can understand them with the British Chartist andNorth AmericaThe relationship between the land reform.
　　CommunistAs the working class of the interests of the struggle, but in the movement of the present, they also represent the future movement. In France, the Communists ally against the conservative and radical bourgeoisie, but does not take up a critical attitude to the phrases and illusions traditionally handed down from the great revolution in the right.
In theSwitzerland, they support the radicals, but don't ignore the party consists of molecules in contradiction with each other, which is part of the FrenchDemocratic Socialism, partly of radical bourgeois.
In theThe people of PolandIntermediate, support the Communist PartyThe Agrarian RevolutionAs the national liberation conditions party, launched in 1846Krakow UprisingParty.
In Germany, as long as the bourgeois revolutionary Communist Party take action, with it together to oppose autocratic monarchy,Feudal land ownershipThe reactionary and citizens.
But the Communist Party, but not a minute ignore education workers as clear as possible to realize the bourgeoisie and the proletariat hostile confrontation, so that the German workers can immediately use the rule of the bourgeoisie will inevitably bring about the social and political conditions as opposed to bourgeois weapons, in order to start the fight against the bourgeoisie itself may immediately after the overthrow of the German the reactionary classes.
Communists have their attention chiefly to Germany, because Germany is inBourgeois revolutionOn the eve of seventeenth Century, with Britain and France in eighteenth Century, Germany will in the European civilization progress conditions, with a much more developed proletariat to achieve this transformation, the bourgeois revolution only Germany is the direct prelude of proletarian revolution.
In short, the Communists everywhere support every revolutionary movement against the existing social and political systems.
In all of these movements, they all emphasize ownership problem, put it as a basic problem of movement, no matter how development degree at that time.
Finally, the Communists everywhere to strive for unity and coordination of the democratic parties of all countries.
The Communists disdain to conceal their views and intentions. They openly declare: their purpose only by the violent overthrow of all existing social system can be achieved. Let the ruling classes tremble at a Communist revolution. The proletarians have nothing to lose but their chains. They have a world to win.
　　Proletarians of all countries, unite!