Article 46-50 of the interpretation of constitution

　Figure teacher Li Mengjiao Sina blogHttp://blog.sina.com.cn/falvzhidu

Forty-sixth of the people's Republic of ChinaCitizenByEducationThe rights and obligations.

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

Interpretation. This article is about the rights and responsibilities of citizenship education.

Right to education about citizenship, 1954ConstitutionProvisions are: "citizens of the people's Republic of China has the right to education. The state set up and gradually expand the various schools andOtherCultural and educational institutions, to ensure that the citizens to enjoy this right." "The development of national special care youth physical and mental." The 1975 constitution, citizens have the right to education. The 1978 constitution is: "the citizen has the right to education. Countries to gradually increase the various types of schools and other education facilities, education, in order to guarantee the citizens to enjoy this right." "Special concern national healthy growth of the teenagers." The provisions of this article shall retain the relevant provisions of the constitution of 1954 and the 1978 constitution, at the same time, due to the national development of all kinds of schools and educational facilities, had stipulated in the nineteenth article of this Law concerning the educational system of the state in the content, so in this article will no longer be required.

According to the provisions of this article, "citizens of the people's Republic of China have the right and obligation to education". Countries are in accordance with the constitution, has formulated a series of laws and regulations on education method is proposed. But in theory and practice, the rights and obligations of citizens to education, all aspects of understanding there is a big gap. For example, someone put forward, what is the right of the citizen education? The education right is a social rights and natural rights or citizen? Right of education and equal right is what relation? Somebody puts forward, since education is a right of citizenship, so why not give it up? That's right, why has also become an obligation? Willing to accept education is purely a personal choice, a person is sick to read, what course to the obligations of national education, and how to enforce the performance of its education obligations? Even recognized citizenship education obligations, are put forward, according to the provisions of the constitution what education, who is the obligation of compulsory? It is the duty of parents, or children, juvenile duty? If the children, juvenile duty, he also does not have full civil capacity, and how to bear the obligation of citizens? What is the lifelong education obligations, or only for children, juvenile times have education obligations? Etc..

A citizen, the right to education

The right to education, refers to the citizens have the opportunity to receive education from the state and education material help right. Among them, education in the form of school education, social education, adult education, self-study etc.. Internal education including school education level, primary education, secondary education, higher education and occupation education. The right to education of citizens should be understood from the following two aspects:

One is the concept of the right to education characteristics. The concept of the right to education has the following characteristics:

1. The right to education concept is very inclusive. Education involves the human mind activities, in order to get the person's disposition development as the goal. To one's mind development objectives of the channel is very broad complex, namely the education mode has diversified characteristics. As long as they are able to obtain the mental development of means and ways of people, can be called education. However, if the use of any kind of means and ways are called the citizens' right to education, are the need for protection of the Constitution and the law, there exists many problems. The situation abroad, regardless of education, only from the legal provisions of our country, the citizen's right to education category includes rights of citizens in terms of higher education, the compulsory education rights and rights in the occupation education. This is mainly from the education grade partition. From the difference between the education system to divide, including public education and private education. From the educational areas, including the education of social science, natural science education and national defense education etc.. From the education mode, including general education, special education, ideological and political education, labor education and rehabilitation of criminals, the transformation etc.. Even in our daily life and work of any relates to enlighten the individual mental activity, to attend a meeting, small to personal conversations, are involved in the so-called education and the problems of the right to education. Suit with this photograph, relates to education not only has special laws and regulations provisions, but also scattered in various non special laws and regulations. So, although we can mainly to education and the right to education of the problems defined in compulsory education, higher education, science education, occupation education and national defense education, private education has been the domain of the law, it must be admitted that, the right to education is a concept of inclusive.

2. The right to education is the birthright of. The nature of the right to education is decided by the social people, and is also determined by the law of development of human history. The social nature of the decision people must be educated, to obtain physical and mental development, become a qualified member of the society, the realization of other personal freedom and rights. The law of development of human history decided, as a member of society, only by education, in order to meet the social and historical development, in order to do society and the masters of the country, and in the social and historical development impetus.

3. The right to education is the basis for the realization of other human rights. The right to education is an important part of the cultural rights of citizens. However, this right to a large extent determines the degree of realization of other rights of citizens. Degree of realization of citizen in the political aspects of speech, publication, elections and other freedoms and rights, need to depend on the level of education. Citizens in the economic aspects of a series of rights is restricted by the level of education. Even if labour rights can be fully realized, also a few is decided by the level of education institute. Therefore, to guarantee human rights, one of the key factors is to guarantee the citizen's right to education.

4  right to education has the social class and the historical limitation. The right to education, need to be understood from the state, social class and the historical height. The direction of education is directly related to the ruling class's values and beliefs, in relation to their need what kind of talent, in relation to the direction of the country, so the civil rights of other areas, we can marginalize or even deny class character, but in the field of education, all of history from the perspective of human development, not influenced by the factors of class and the national education philosophy and the right to education, I'm afraid not. Boundaries between countries constitutional and legal citizens the right to education has specific provisions.

An important advantage of the right to education in China is, the direction of education is very clear, that is must serve the country and the people, serve for socialist construction. Education Act fifth stipulates: "education must serve the construction of socialist modernization, must be combined with productive labour, builders and successors to develop moral, intellectual, physical and other aspects of the comprehensive development of the cause of socialism." Article sixth stipulates: "the state of patriotism in education, collectivism, socialism education, ideal, moral, discipline, the legal system, national defense and national unity education." Rule eighth: "education must conform to the national and social public interests." Of course, some unfavorable factors also has the protection of the right to education in China.

Two is the relationship between the right to education and the principle of equality. The relationship between the right to education and the principle of equality mainly refers to the realization of the principle of equality in the right to education of the citizens' right to education, which shall be of equal protection by law. Equal protection of the law, is to protect the no difference, equality before the law. Specific to the right to education, refers to all citizens regardless of race, gender, identity, property, class, religion, political, educational opportunities should be equal, not to various external conditions, deprived of the right to receive education. The equality of right to education, refers to the equality of educational opportunity.

But attention is required, the equality of right to education, it has two limitations: one is the age limit. For example, nine years of compulsory education is the only object of school-age children. Can't say citizens and thirty year olds enjoy equal rights of compulsory education. Another is the capacity constraints. Equality is the ability of equality. Education is a special field, to complete the task of education, a fundamental condition, is to limit, and to test the ability of the standard is the exam. So, the examination system is a basic standard in education achieve equality of educational opportunity. In our constitution, all citizens are equal before the law. Get more specific legal principle of equality in the Constitution in the education of. Education Act ninth stipulates: "citizens regardless of nationality, race, sex, occupation, property status, religious belief, enjoyed equal opportunity in education." Rule thirty-sixth: "education shall enjoy equal rights in enrollment, enrollment, employment etc.." "Schools and administrative departments concerned shall, in accordance with the relevant provisions of the state, to keep their children in school, education, employment, conferment of academic degrees, such as sending students enjoy equal rights with men."

At present, our education mainly has the following effects of citizens' right to education equality realization: one is the area difference treatment. For a long time, many colleges and universities have unequal admission scores for all students, making access to different areas of the same university student test scores of relatively large gap. There are contradictions, not only to consider the actual situation of the University, for proper care of universities are students, but also the candidates around the implementation of admission equality; both to the ethnic minority areas, remote areas of the candidates to be properly looked after when recruit students, but also to achieve a score of equal; not only to the overall plan, considering the state of talent for consideration, the appropriate allocation, but also to achieve equality in front of them. So to eliminate the difference of the right to education area treatment is a long-term problem. Two is a property of differential treatment. Individual schools including high school and college students, to score the same, discriminate, the money can not pay admission, the admission; or pay into the better schools and classes, do not pay into the poor class, actually makes much pay property to the school, become a citizen's right to education according to a large extent. Three is the condition and the nature of the school of the different effect of citizen education right equal realization. Between public schools and between public schools and private schools, different treatment of school teachers, teaching equipment as well as the gap between the state and society of the different schools, are to some extent makes the examination score the same candidates, because go to different schools, but can not fully enjoy equal opportunities for education and the quality of education. Four is the current examination system cannot fully realize the equality of educational opportunity. Although the education opportunity equality requires the ability to pass the examination reflects the measure, but the actual ability and ability of the candidates only by test scores reflected not conform. The perfect examination system should be able to embody the students accept education ability system. The current examination system also has some problems, can not fully realize the citizen education opportunity equality.

　Two, the citizen education obligations

An important feature of this article is, will be as a right of citizenship education regulations, and provisions for a duty of citizen, is a combination of rights and obligations. Understanding the citizens should be from the following several aspects of education obligations:

1  from why education is an obligation of citizens. That education is an obligation of citizens, is mainly based on the following reasons: on the one hand, from the citizens, the fundamental difference between human and animal is that, people are social people, seek the development of individual and society must, and to seek the development of individual and society, education is a fundamental way indispensable, is the person as a member of society must have the conditions. On the other hand, for the country, citizens are the specific elements of country, the most important function of the state is to seek happiness and personal development, improve the national spirit, enhancing social morality, promote the development of science and technology, to realize the state rich, strong and prosperous; to achieve these goals, we must continue to improve as a part of national elements of the quality of citizens; and to improve the quality of the citizens, to accept education become the route one must take. Therefore, the state will naturally will receive education as a duty of citizens shall be required. Therefore, many countries and regions of the Constitution and the law will be educated as a civil obligations stipulated.

The implementation of the main 2  the obligations of citizenship education. The implementation of the main obligations of citizenship education includes the following aspects: (1) education is each one should be the duty of the educated. Even young children,, does not have the full capacity for civil conduct, education is a basic obligation. (2) education is the parents etc.GuardianObligations. Parents and guardians have the responsibility to provide conditions for the education of their children, their training in adult. (3) let the citizen education is the obligation of the state. The obligation of the state is to establish the basic education system, provide the conditions for the citizen's right of education. And in the implementation of compulsory education on the one hand, countries should provide all the conditions, to ensure that all children can enter the economic difficulties, to complete their compulsory education.

China's education law eighteenth stipulation: "the people's governments at all levels shall take various measures to guarantee school-age children, adolescents access." "Children, young parents or other guardians and relevant social organizations and individuals have the obligation to ensure that school-age children, adolescents receive and complete compulsory education." This provision indicates that, subject to implement compulsory education in China, which includes three aspects: one is the children, I; two is the people's governments at all levels; three are children, young parents or other guardians and relevant social organizations and individuals. In the implementation of the compulsory education activities, the two main functions: one is the most important for parents and guardians.The compulsory education lawRule eleventh: "parents or other guardians must ensure that school-age children or or by the guardian to school, receive compulsory education." "Children of school age, young because of illness or other special circumstances, need to postpone enrollment or exempt from admission, application by children, parents or other guardians, approved by the local people's government." "To prohibit any organization or individual to hire should receive compulsory education of school-age children, youth employment." Two is the national. Compulsory education law tenth stipulation: "the state of students receiving compulsory education tuition." "National scholarships, help students from poor families." Compulsory education law also stipulates a series of fiscal measures by the State Council and the local people's governments at all levels should take in the implementation of compulsory education and other measures.

The definition of compulsory 3  civic education. Compulsory education is not unconditional. If no case for civic education obligations, may lead to educational order and the rights and duties of chaos. Therefore, the education of the citizen's obligation must make the age limit. From the practice in the world, education is compulsory basic is defined in the elementary education stage. The compulsory education of the citizens of our country education law and compulsory education law is defined in the nine years of compulsory education, namely, young school children, must complete nine years of compulsory education system. Education Act eighteenth stipulates: "the State implements nine year compulsory education system." The compulsory education act second stipulates: "the State implements nine year compulsory education." The nine year compulsory education system by the national expense. We must start from the state financial but achieve this one goal, step by step. Also provides for the compulsory education law in second: "the province, autonomous region, municipality directly under the central government according to the economic, cultural development of this region, determine the compulsory education." Article fifth stipulates: "any child over six years of age, regardless of gender, race, ethnicity, should go to school to receive compulsory education. Do not have the condition, may be postponed to seven years old entrance." But in practical work, by the state completely bear the costs and practical difficulties, especially in ethnic minority areas and outlying and poverty-stricken areas, nine years of compulsory education of school-age children is still not fully realized.

The community obligations civic education is scheduled for school-age children, juvenile stage, is mainly based on the following considerations: first, as a member of society, every citizen must have some differences in animal production, the basic life skills, including reading, writing, calculation. Once the citizens with partial or full capacity for civil conduct, it must depend on the production, life. The basic production, life skills should be relatively simple, school-age children first have knowledge. Second, to those complicated knowledge of science, especially the specialized knowledge and the theory of education, the need for further or special ability, can accept, for every citizen to learn, not reality, there is no need to. For higher education, the state can do is to provide equal opportunities for education, and should not be forced to every citizen to education. Third, the country's limited fiscal capacity. The obligations of citizenship education expenses are relatively limited, by the State shall be a burden no problem. But the higher education cost is a huge expenditure, government cannot afford. Even if the state financial strong, is also used to help citizens to create the chance of receiving higher education, but not to compel citizens to accept higher education.

　Three, the national youth training the comprehensive development of children

This article is on the growth of national concern teenagers make provisions. Teenagers and children are the future of the motherland, preschool education, primary school education, secondary education and university education is the key stage of growth of children and adolescents. At each stage, countries have established their training objectives and targets, so that children and young people, in the moral, intellectual, physical aspects of development, become a socialist consciousness, master the scientific and cultural knowledge, the health of the overall development of socialist citizen.

Citizens of the people's Republic of China forty-seventh with scientific research, literary and artistic creation and other cultural activities. The national creative work engaged in education, science, technology, literature, art and other cultural institutions citizens for the benefit of the people, give encouragement and help.

Interpretation. This article is about the citizens enjoy the right to freedom of scientific and cultural activities.

For scientific and cultural activities free rights of citizens, the 1954 Constitution is: "the protection of citizens of the people's Republic of China to engage in scientific research, literary and artistic creation and other cultural activities. Countries engaged in science, education, literature, art and other cultural institutions citizens of creative work, give encouragement and help." The 1975 constitution abolished the provisions concerned citizens the right to freedom of scientific and cultural activities. The 1978 constitution is: "citizens in scientific research, literary and artistic creation and other cultural activities. The national creative work in science, education, culture, art, press, publishing, sports, health of citizens, to encourage and help." The provisions of this article shall restore the relevant contents of the constitution of 1954 and the 1975 constitution, but also made some changes: one is the constitution of 1954 Chinese home safeguard citizen scientific and cultural activities to citizens have the scientific and cultural activities, because the direct provision of citizens with scientific and cultural activities, must be subject to national security; two is in the scientific and cultural activities to encourage and help the country, added provisions of technical activities, because the creative labor and science technology activities can not be separated; three is the news, publishing, public health and sports deleted, because these business creative work and scientific and cultural activities, there are still some differences.

Scientific and cultural activities is the driving force of economic development and social progress. China is a socialist country, the scientific and cultural activities is an important content of socialist spiritual civilization, is a powerful driving force to promote the construction of socialist material civilization. In order to promote the prosperity and development in science and culture, the majority of citizens should be free and enjoy the rights of a wide range of scientific and cultural activities. Freedom of scientific and cultural activities of citizens should be given support and help.

According to the provisions of this article, the freedom and rights of scientific and cultural activities to our citizens have the following aspects: (1) the citizens have the freedom to engage in scientific research. Study of science including natural science here, also includes the social sciences. Citizens enjoy the freedom of scientific research, refers to the citizens have the right to engage in a variety of scientific research work in various ways, and in scientific research freely discuss issues, opinions, on a variety of scientific problems and a variety of school can hold different opinions. (2) citizens are engaged in literary and artistic creation of freedom. Literature including novels, poetry, prose, drama etc.. Art including music, dance, art, photography, calligraphy, sculpture, film, TV etc.. Cultural and artistic activities liberty means that citizens have the right to engage in the various cultural and artistic activities according to their own interest and intention, has the right to form according to their own characteristics and their cultural and artistic style development. (3) citizens have the right to engage in other cultural activities including education and various sports activities, healthy entertainment etc..

The state promotes the development of science and culture through a variety of ways. Engaged in education, science, technology, literature, art and other cultural citizenship is good for the people of creative work, give encouragement and help. The State formulates policies and laws, to encourage and help the citizen's scientific and cultural activities. At present, our country has established the policy of rejuvenating the country through science and education, the education, science, culture, formulated a series to promote and protect the development of science and culture of law, regulations.

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.

Interpretation. This article is about the state of the protection of women's rights and interests.

On the issue of gender equality, the 1954 Constitution is: "the people's Republic of China women in all aspects of political, economic, cultural, social and family life, enjoy equal rights with men." The 1975 constitution is: "the women enjoy equal rights with men." The constitution of 1978 in the restoration of the 1954 Constitution. At the same time, increase the provisions of equal pay for equal work. This article based on the provisions of the constitution of 1954 and the 1978 constitution, and provides two contents, one is to emphasize the country to protect the legitimate rights and interests of women, two is a clear national training and selection of women cadres.

According to the provisions of this article, the equal rights of women and men are the following several aspects: (1) women shall enjoy equal rights with men in the political aspect, namely women to participate in national political life equality with men, equally enjoy the right to vote and to be elected, equal participation in state management, equal as national and social duties, equal access to the honorary title. (2) women shall enjoy equal rights with men in economic terms, namely women and men, the right to participate in the labor rights, labor rights, the right to rest and enjoy the right to social security. (3) women shall enjoy equal rights with men in terms of culture, namely women and men alike, enjoy the right to receive education, have engaged in scientific research, literary and artistic creation and other cultural activities. Women's rights and interests protection law fifteenth stipulation: "the school and the relevant departments shall be the relevant provisions of the state, the protection of women in the entrance, the entrance, graduation, degree, such as sending students enjoy equal rights with men." (4) women shall enjoy equal rights with men in terms of social and family life, women and men can participate in various social activities, in marital relations, family relations, inheritance and other ways to enjoy equal rights with men.

According to the provisions of this article, the protection policy of the state for the rights of women have three aspects: first, the state protects the rights and interests of women, the rights and interests of women shall enjoy, are protected by the Constitution and the law, any individual or organization shall not be violated. At present, the rights and interests of our country's criminal law, the marriage law, the electoral law for women have special protection, the state has formulated the protection of rights and interests of women and child protection law dedicated to the protection of women's rights and interests. Second, the state the equal pay for men and women, if men and women engaged in the same work, skills, proficiency with men in the same, you should get equal pay with men. Third, the national training and selection of women cadres, cadres in the selection of candidates that countries should pay attention to women cadres equipped, bold use and promotion of proven ability, people worked, have both ability and political integrity of women cadres, improve the status of women in the country and society. For the national training and selection of women cadres, women's rights and interests protection law eleventh stipulation: "the state actively cultivating and selecting women cadres." "The state organs, social organizations, enterprises and institutions must adhere to the principle of equality between men and women in the appointment of cadres, pay more attention to the training, selection of female cadres for leading members." "National attention to the training and selection of female cadres of minority nationalities." Rule twelfth: "the levels of women's Federation and its member groups, may recommend female cadres to state organs, social organizations, enterprises and institutions."

The provisions of this article a problem encountered in practice are different, the retirement age for men and women, is in violation of the constitution the principle of equality between men and women? Some views, the provisions of the State Council in 1993 promulgated the "Provisional Regulations on state civil servants" of Seventy-eighth, seventy-ninth and eightieth for male and female civil servants of different retirement age, resulting in men and women civil servants in the political status, economic benefits and health inequality of treatment, is not conducive to the protection of the legitimate rights and interests of women, in violation of the constitution provisions on the equality of the sexes. Should say, the State Council formulated the Interim Regulations in the civil servants, male and female by different retirement age, is the main provisions of the retirement age for women earlier than men, it is considered from the physiological and psychological characteristics of women, to the care of women's physical and mental health, safeguarding the legitimate rights and interests of women as the principle, its starting point is good. However, in practice, the situation of women themselves differ in thousands of ways, some women because of its work and health reasons, hope to retire early man; some women from their own situation, want to retire and men in the same age, to maximize their own ability, to realize their own value. Hope to retire and wants to retire early men and men in the same age, implementation, are related to women's physical and mental health and their values and therefore, different situations in the legislation can be for women to make flexible provisions, respect for women's this desire, give them the freedom to choose the retirement age of rights, so as to achieve the realization of equal rights women and men.

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.

Interpretation. This article is about the national protection of marriage, the family, mothers and children.

　One, to protect marriage, family, mother and child

Marriage is defined according to the provisions of the marriage law, men and women meet the conditions for marriage, voluntary integration, by the marriage registration office approved the registration of a marriage, is recognized by the law and protecting the social relationship.

The family is living together with marriage and kinship based and form of organization. The family is on the basis of monogamy, including parents, children and other members. Legal protection of the family refers to the legal protection of the identity of family members, as well as produced by the identity of the relationship between the rights and obligations, and property relations, inheritance, maintenance etc..

The mother refers to women who already have children, children refers to children.

At present, China has developed a marriage law, inheritance law, adoption law, the relationship of marriage, family, and the rights of mothers and children to make specific provisions.

Two, the implementation of family planning

Family planning is a plan to adjust the rate of population growth, to adapt to the economic development and the natural ability to adapt to the environment of policy. Family planning is a basic national policy in china. The current practice in China is to reduce the rate of population growth as the goal of family planning policy. Both husband and wife have the duty to practise family planning, refers to the couple should be in accordance with the provisions of relevant state policies and laws, adhere to the less students, eugenics, birth, to control population growth. At present, the country has made the population and family planning law, the national family planning system made detailed provisions. According to the provisions of this law, China's family planning policy is: "the state of the current fertility policy stability, encouraging citizens to delayed marriage and childbearing," one couple, one child; in accordance with the law, rules and regulations of the condition, can request to bear a two child. The specific measures shall be prescribed by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress or its standing committee." "Minorities shall also practice family planning, the specific measures shall be prescribed by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress or its standing committee." The basic measures of family planning, "the implementation of family planning, to contraception." "The state creates conditions to guarantee citizens', choose safe, effective, and appropriate contraceptive measures. Implementation of contraceptive operation, the recipients' safety shall be ensured." To implement the national policy of family planning, population and family planning law also provides for the family planning incentives and social security system.

　Three, support, maintenance, freedom of marriage

With the exception of couples have the duty to practise family planning, this article also provides the family relationship, family members of several other specific obligations. Mainly has: (1) the parents bring up and educate their children who are minors obligations. "Raise" nurturance nurture, refers to the parents to provide basic living security for their children, take care of the children's physical and mental health, and to protect their rights and interests. "Education" refers to the family education, the parents in the family has the responsibility for basic education in Germany, wisdom, body of children. "Minor children" refers to children under age 18. (2) the adult children have the obligation to support and assist their parents. "Supporting" refers to the adult children are unable to work or have the ability to work but life difficult parents, to provide basic living conditions, take care of their responsibilities of life. (3) prohibits the destruction of the freedom of marriage. "The freedom of marriage" refers to the marriage parties have the right to decide their own marriage problems in accordance with the provisions of law, not subject to any other person, any organization of coercion and interference. Marriage freedom includes freedom of marriage, including the freedom of divorce. (4) prohibits maltreatment of old people, women and children. "Abuse" refers to the life, body, spirit of old people, women and children were destroyed and victimization. According to the provisions of the criminal law, violation of the freedom of marriage and maltreatment of old people, women and children, vile, constitute a crime, need to bear criminal responsibility.

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

Interpretation. This article is about the protection of overseas Chinese, returned overseas Chinese and relatives of the rights and interests of the.

To protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives, is the Chinese government's usual policy. "Overseas Chinese" refers to China citizens living abroad, on the basis of the nationality law of the people's Republic of China enjoy Chinese nationality. "Rights and interests" as is in accordance with international law and international practice, China's overseas Chinese living abroad shall enjoy all rights and interests. "Returned overseas Chinese" refers to the overseas Chinese who returns to china. "The family members of overseas Chinese, returned overseas Chinese" refers to their relatives at home, including overseas Chinese, returned overseas Chinese spouses, parents, children, and their spouses, brothers and sisters, grandparents, grandparents, Sun Zinv, Yang children, as well as family members of overseas Chinese, the other relatives who have long-term dependency relationship. The legitimate rights and interests of Returned Overseas Chinese and their relatives, refers to the returned overseas Chinese and their families on the basis of the Constitution and law of the civil rights, and the state according to the actual situation and the characteristics of their special rights and interests, the. To protect the lawful rights and interests of Returned Overseas Chinese and their relatives, China has formulated the law of the people's Republic of Returned Overseas Chinese and their relatives in the protection of specialized "".