Third of the constitution of the people's Republic of
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/Author:
Aaron Lewis
The constitution of the PRC (the first session of the people's Republic of China in March 5, 1978 fifth session of the National People's Congress)
Preface Chinese people after more than a hundred years of heroic struggle, and finally in the great leader and teacher led by Chairman Mao Zedong China under the leadership of the Communist Party, with people's revolution overthrew the rule of imperialism, feudalism and bureaucratic capitalism., achieved complete victory in the new democratic revolution, in 1949 the establishment of the people's Republic of china. The establishment of the people's Republic of China, marking the beginning of the historical period of socialism in china.After the founding of the PRC, Chairman Mao and China under the leadership of the Communist Party, the Chinese people of all nationalities in political, economic, cultural, military, diplomatic fronts carry out the proletarian revolutionary line of Chairman Mao, after repeated struggles against domestic and foreign enemies, after the Great Proletarian Cultural Revolution, achieved a great victory for the socialist revolution and socialist construction.Our country under the dictatorship of the proletariat, has been consolidated and strengthened.Our country has become the primary thriving and prosperous socialist country. Chairman Mao Zedong is the founder of the people's Republic of china.All the victory of China's revolution and construction, are made in the Marx doctrine, the Lenin doctrine, under the guidance of Mao Zedong thought.Always hold high the great banner of Chairman Mao and resolutely defend the unity and fighting, is the people of all ethnic groups in China, the cause of the proletarian revolution is the fundamental guarantee in the end of the. The first of the Great Proletarian Cultural Revolution ended in victory, make our socialist revolution and socialist proposals into a new period of development.According to the basic line of the Communist Party China throughout the historical period of socialism, the people in the general task of the new period is: adhere to the revolution under the dictatorship of the proletariat, carry out the class struggle, the struggle for production and scientific experiment three revolution, our country construction become the agriculture, industry, national defense and the modernization of science and technology of the great socialist country in within this century. We must adhere to the struggle of the proletariat against the bourgeoisie, the struggle to keep to the socialist road, the capitalist road against revisionism, prevent the restoration of capitalism, prepared to deal with the Social Imperialism and imperialism on China's subversion and aggression.
we need to consolidate and develop the leadership of the working class, and based on the worker peasant alliance, unity of the intellectuals and other laboring people, uniting patriotic democratic parties, patriotic, our compatriots in Taiwan, Hong Kong and Macao compatriots and overseas Chinese revolutionary united.To strengthen the unity of all ethnic groups of the country.To correct the internal differences and contradictions between ourselves and the enemy and the contradictions among the people.On the people in the country to which there are both centralism and democracy, both discipline and freedom, both unity of will, and personal ease of mind, be lively and vivid such a political situation, in order to mobilize all positive factors, overcome all difficulties, to better consolidate without produce class dictatorship, faster to build our countries. Taiwan is Chinese sacred territory.We must liberate Taiwan, the great task of reunifying the motherland. In international affairs, we should be based on mutual respect for sovereignty and territorial integrity, mutual non aggression, non-interference in each other's internal affairs, equality and mutual benefit, on the five principles of peaceful coexistence, establishment and development with other countries.China will never seek hegemony, will never be a super power.We must adhere to the proletarian internationalism, according to a theory of the three worlds, strengthen with the proletariat of the world, the oppressed people and national unity, strengthen with the socialist solidarity with the third world countries, strengthen unity, united all by Social Imperialism and aggression, imperialism superpower subversion, interference, control, bullying countries, an international united front against the most extensive, superpower hegemony, against the New World War, the struggle for human progress and liberation. The first chapter outline Article 1 the people's Republic of China
is led by the working class and based on the worker peasant alliance of the dictatorship of the proletariat socialist countries. Second
Chinese Communist Party is the core of leadership of the whole China people.The working class through their own vanguard China Communist Party leadership over the state.The guidance of the people's Republic of China
thought is the Marx doctrine, the Lenin doctrine, Mao zedong. All third
power of the people's Republic of China belongs to the people.The people exercise state power organs, the National People's Congress and local people's congresses. The National People's Congress, the local people's congresses and other state organs, shall practice democratic centralism.Article fourth the people's Republic of China is a unitary multinational state. The equality of all nationalities.Between each nation to solidarity, helping each other, learn from each other.Prohibition of discrimination and oppression of any nationality, prohibits the destruction of the ethnic solidarity, against the big nationalism. 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.The implementation of the regional local
areas inhabited by the minority nationalities.All national autonomous areas are the people's Republic of China can not be separated parts. There are two main types of fifth
of the people's Republic of China at the present stage of the ownership of the means of production: the socialist public ownership and the socialist collective ownership by the working people.The basic level organization unified arrangements and
state allows non agriculture of individual workers in towns or countryside management, licensing laws in the range, do not exploit the individual.At the same time, guide them to gradually take the socialist road of collectivization. Sixth
state-owned economy is socialist economy under ownership by the whole people, is the leading force in the national economy.Mineral, water, state-owned forests, wasteland and other marine resources, are all belong to the whole people. The state can be in accordance with the law of the conditions, the purchase of land, expropriation or nationalization. Seventh
rural people's communes economy is socialist economy under collective ownership, now generally implement the commune, the production brigade, the production team all three, and the production team as the basic accounting unit.The production brigade when conditions are ripe, to the team as the basic accounting unit transition.
in ensuring the people's commune collective economy occupies the absolute superiority condition, people's commune members can operate a small number of plots and household sideline production, in the pastoral areas can also have a small amount of retention. Eighth
socialist public property shall not be infringed.The state guarantees the socialist economy under ownership by the whole people and the collective ownership by the working people the consolidation and development of the economic. The State prohibits any person by any means, disrupt social and economic order, undermine state economic plans, embezzlement, squandering national and collective property, harm the public interest. Article ninth country ownership
protect citizens' legitimate income, savings, houses and other means of livelihood. Tenth
countries "will not work shall not eat", "let each person do his best, distribution according to work" socialist principles. Work is the glorious duty of every able-bodied citizen.The State encourages the socialistic labor contest, in the premise of the proletarian politics, the spiritual and material incentives combined with emphasis on spiritual encouragement policy of socialist enthusiasm and creativity, encourage citizens in labor. Eleventh
countries adhere to the general line of going all out, aim high, better and more economical to build socialism, planning, according to the proportion, high speed development of the national economy, improve the social productive forces, in order to consolidate national independence and security, gradually improving the people's material and cultural life. Countries in the development of national economy, to stand on one's own, rely through one's own efforts, work hard and perseveringly, diligence and thrift, guidelines, based on agriculture, industry as the leading principle, give full play to the two central and local initiative policy under unified central leadership. The national Protect environment and natural resources, prevent pollution and other public hazards. Twelfth
countries develop the cause of science, scientific research, technical innovation and technological revolution, in the national economy in all sectors of advanced technology to maximize the use of.Science and technology must implement professional team combined with the broad masses, learning and creative combination. Thirteenth
countries vigorously develop education, improve the people's cultural and scientific level.Education must serve proletarian politics, combined with production and labor, so that everyone who receive an education to develop in moral, intellectual, physical aspects, become a socialist consciousness and culture of the workers. Article fourteenth country to stick to the leadership
Marx doctrine, Lenin doctrine, Mao Zedong Thought in the ideological and cultural fields of each.Cultural undertakings must service for the workers, to serve socialism.
national implementation of "All flowers bloom together., contention of a hundred schools of thought" principle, in order to promote the development of art and science, and promote socialist culture. Fifteenth
state organs must keep in close contact with the masses, rely on the masses, listen to the opinions of the masses, concerned about the sufferings of the masses, have better troops and simpler administration, practise economy, improve efficiency, oppose bureaucracy.The
leadership at all levels of state organs staff, must cause the proletarian revolutionary successors of the conditions, the old, in combination, green three. Sixteenth
functionaries of state organs must seriously study the Marx doctrine, the Lenin doctrine, Mao Zedong thought, put one's heart and soul into serving the people, to study business, and actively participates in the collective productive labor, accept supervision by the masses, play an exemplary role in abiding by the Constitution and the law, the correct implementation of national policy, seek truth from facts, shall not resort to deceit, they shall not use their powers to seek personal gain. Seventeenth
countries adhere to the democratic principle of socialism, ensuring people's participation in management, management of various economic and cultural establishments, supervision of state organs and staff.Eighteenth
countries to safeguard the socialist system, to suppress all treason and counter revolutionary activities, the punishment of all traitors and counter revolutionaries, the punishment of the new bourgeois elements and other bad elements. The state in accordance with law deprived of unregenerate landlord, rich peasants, the reactionary capitalist political rights, simultaneously gives the way of life, so that they in the labor into law-abiding citizens support oneself. Nineteenth
armed forces of the people's Republic by the chairman of the Central Committee of the Communist Party China command.
China people's Liberation Army is the leadership of the Communist Party of China army of workers and peasants, is the dictatorship of the proletariat.The state vigorously strengthen the revolutionization modernization China people's Liberation Army militia, strengthen construction, carrying out the system of the combination of the three field army, the local troops and armed forces militia. The fundamental task of the armed forces of the people's Republic of China is: to defend the socialist revolution and socialist construction, and defending state sovereignty, territorial integrity and security, defense and Social Imperialism, imperialism and its lackeys subversion and aggression.The second chapter of national institutions
section 1 the National People's Congress of the twentieth National People's Congress is the highest authority of state. On behalf of the twenty-first
National People's Congress elected by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress and the people's Liberation Army.Representative shall, after the democratic consultation, by secret ballot elections. Each term of office of the National People's Congress five years.If special circumstances, to the National People's Congress extended term, or the early convening of the National People's congress. The National People's Congress meets in session once a year.When necessary, we can advance or delay. The twenty-second National People's Congress shall exercise the following powers: (a) to amend the constitution; (two) law; (three) to supervise the implementation of the Constitution and the law; (four) according to the Central Committee of the Communist Party of Chinese proposal, decision of the State Council prime minister; (five) according to the premier of the State Council's proposal, the decision of the State Council and other members of the; (six) election of president of the Supreme People's court and the Supreme People's procuratorate; (seven) review and approval of the national economic plan, the state budget and final accounts; (eight) divided the approval of the provincial, autonomous region and municipality directly under the central government; (nine) decide on questions of war and peace; (ten) the National People's Congress believes that other powers shall be exercised it. Twenty-third
National People's Congress has the power to recall, the members of the State Council, the Supreme People's court and the Supreme People's Procuratorate prosecution of long. The Standing Committee of the twenty-fourth National People's Congress is a
permanent body of the National People's Congress, responsible and report on their work to the National People's congress. The Standing Committee of the National People's Congress is composed of the following: Chairman, vice chairman of the
several people, the secretary general, member of a number of.Members of the National People's Congress election of deputies to the National People's Congress and often large conference committee. The Standing Committee of the twenty-fifth National People's Congress
shall exercise the following powers: (a) presided over the National People's Congress election; (two) convened sessions of the National People's congress; (three) interpretation of the Constitution and the law, formulate laws; (four) the supervision of the State Council, the Supreme People's court and the Supreme People's Procuratorate work; (five) to change or revoke the organs of state power of provinces, autonomous regions, municipalities directly under the central government's inappropriate resolutions; (six) when the National People's Congress is the premier of the State Council, according to the proposal, decided to appoint and remove the individual members of the; (seven) appoint vice president of Supreme People's court and the Supreme People's Procuratorate deputy attorney general; (eight) and appoints and removes plenipotentiary representatives abroad; (nine) approve and abrogate treaties; (ten) the provisions and awarded the honorary title of national; (eleven) decided to pardon; (twelve) when the National People's Congress is, if an armed attack on the country's situation, decided to declare a state of war; (thirteen) other functions and powers as the National People's Congress granted. Members of the Standing Committee of the twenty-sixth National People's Congress
long chaired the Standing Committee of the National People's Congress work; to accept foreign envoys; according to the Standing Committee of the National People's Congress or the National People's Congress's decision, announced legislation and laws, appoints and recalls plenipotentiary representatives abroad, the ratification of treaties concluded with foreign countries, awarded the honorary title of. Deputy chairman of the Standing Committee of the National People's Congress long shall assist the chairman in his work, can exercise certain functions and powers of the chairman of the. The Standing Committee of the twenty-seventh
National People's Congress and the National People's Congress may establish special committees according to need. Twenty-eighth
deputies to the National People's Congress shall have the right to raise questions to the State Council, the Supreme People's court, the Supreme People's Procuratorate and the various ministries, commissions.The authorities must be responsible to answer inquiries. Twenty-ninth
deputies to the National People's Congress are subject to supervision by the units which elected.The electoral units have the right in accordance with the provisions of law to replace their deputies. Section second of the State Council Thirtieth
the State Council is the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration.
Congress responsible and report to the State Council to the National People's Congress adjourned meeting work; at the National People's Congress, its Standing Committee of the National People's Congress shall be responsible and report. Article thirty-first the State Council is composed of the following: The prime minister, deputy prime ministers, some people,
committees. The Prime Minister presided over the work of the State Council, vice premiers assist the premier in his work. Article thirty-second the State Council shall exercise the following powers: (a) in accordance with the constitution, laws and decrees, the provisions of administrative measures, issue decisions and orders, implementation and review these decisions and orders; (two) introduced a bill to the Standing Committee of the National People's Congress or the National People's congress; (three) unified leadership ministries, commissions and other organisation's work; (four) the unified leadership over the work of local organs of State Administration at different levels; (five) the preparation and implementation of the national economic plan and the state budget; (six) to protect the interests of the state, the maintenance of social order, guarantee the rights of citizens; (seven) approved by the Autonomous Prefecture, county division, Autonomous County, city; (eight) in accordance with the provisions of laws or administrative personnel; (nine) the other powers granted by the Standing Committee of the National People's Congress and the National People's congress. The third section
local people's congresses and local Revolutionary Committee The following administrative division of the thirty-third 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) County, Autonomous County People's commune, the town is divided into.
municipalities directly under the central government and other large cities are divided into districts.Autonomous prefectures are divided into counties, Autonomous County, city.Autonomous regions, autonomous prefectures and autonomous counties, are national autonomous areas. Thirty-fourth
Province, municipality directly under the central government, county, city, city area, the people's commune, the town established the people's Congress and the revolutionary committee. The people's commune people's Congress and the revolutionary committees are grass-roots political organization, and is the leading organization of collective economy.
Revolution Committee area set up administrative can press office, sent as their. Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. Thirty-fifth
local people's congresses at all levels are the local organs of state power. Province, municipality directly under the central government, county, city people's Congress, a lower level people's Congress after the democratic consultation, the secret ballot elections; people's Congress city not divided into districts, municipal districts, the people's commune, the town's representative, by the voters after the democratic consultation, the secret ballot election. The term of office of province, municipality directly under the central government of the people's congresses of five years.Each term of the county, city, city people's Congress three years.The people's commune, the town people's Congress is elected for a term of two years. Local people's congresses meeting at least once a year, convened by the revolutionary committee. The electoral units and voters to local people's congresses at various levels, have the right to supervise and in accordance with the provisions of law to replace their deputies. Thirty-sixth
local people's Congress in the administrative area, the constitution, law, legal compliance and enforcement, to ensure national implementation of the plan, planning and local economic construction, culture and public utilities, the examination and approval of local economic plan and budget and final accounts, protect public property, to maintain social order, the protection of civil rights, guarantee the equal rights of ethnic minorities, promoting the development of socialist revolution and construction. Local people's congresses as prescribed by law, they adopt and issue resolutions. Members of the election of local people's congresses and have the right to recall the revolutionary committee.The people's Congress at or above the county level and County Elections of deputies to people's court at the same level people's Procuratorate at the corresponding level and the long. Local people's congresses at various levels have the right to address inquiries to the Revolutionary Committee, the people's court at the same level, the people's Procuratorate and the Revolutionary Committee organ.The authorities must be responsible to answer inquiries. Thirty-seventh
local revolutionary committees at various levels, the local people's governments at all levels, is the executive organs of the local people's congresses at various levels, is the administrative organ local state. Local revolutionary committees at various levels by the director, deputy director of a number of people, some members. Local revolutionary committees at all levels to implement the resolutions of the people's Congress at the corresponding level and the decisions and orders of the state administrative organs, management of the administrative regions of the administrative work, in accordance with the law of the rights issue decisions and orders.County level and above shall be in accordance with the provisions of the Revolutionary Committee of the staff in state organ. Local revolutionary committees at various levels are responsible and report on their work to people's congresses at the corresponding levels and the level of the state administrative organs under the unified leadership of the State Council. The organs of self-government of the national autonomous areas fourth Festival The organs of self-government of the thirty-eighth
autonomous regions, autonomous prefectures and autonomous counties, is the people's Congress and the revolutionary committee. People's congresses in national autonomous areas and the Revolutionary Committee, tenure, authority and dispatched institutions shall, according to the basic principles specified in the constitution of second section of the third chapter of the local state organs organization. The organs of self-government of the national autonomous local minority living in, on behalf of the relevant nationalities are entitled to appropriate. The organs of self-government in the local organs of state exercise of constitutional authority thirty-ninth
of ethnic autonomous areas to exercise the power of autonomy, the authority in accordance with the law. The organs of self-government in accordance with the characteristics of the local ethnic political, economic and cultural, to formulate autonomous regulations and separate regulations, approved by the Standing Committee of the National People's Congress shall be submitted to the. The organs of self-government in performing their functions, the use of local national common one or several languages. Fortieth
all state organs at higher levels shall guarantee the organs of self-government of the national autonomous areas to exercise autonomy, give full consideration to the characteristics and needs of the various minority, cultivate the cadres of minority nationalities, active support and assistance to the minority nationalities to carry on the socialist revolution and socialist construction, the development of the socialist economy and culture. In section fifth, the people's court and the people's Procuratorate Forty-first
the Supreme People's court, the local people's courts at various levels and of the special people's courts to exercise jurisdiction.The organization of people's courts shall be prescribed by law. The people's court cases, the people's jury system in accordance with the provisions of law.For major counterrevolutionary cases and criminal cases, to mobilize the masses to discuss and put forward opinions. 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 forty-second the Supreme People's court is the highest judicial organ.