《中华人民共和国宪法》英文版
The Constitution of The People's Republic of China
(Amended in 2004)
Adopted at the Fifth Session of the Fifth National People's Congress on December
4, 1982 and promulgated by the National People's Congress on December 4, 1982,
According to the amendments to the Constitution of the People's Republic of China
adapted at the first session of the seventh National People's Congress on April
12, 1988,
the amendments to the Constitution of the People's Republic of China adapted at
the first session of the eighth National People's Congress on march 29, 1993,
the amendments to the Constitution of the People's Republic of China adapted at
the second session of the ninth National People's Congress on march 15, 1999,
the amendments to the Constitution of the People's Republic of China adapted at
the second session of the eighth National People's Congress on march 14, 2004
Contents
Preamble
Chapter I General Principle
Chapter II The Fundmental Rights and Duties of Citizens
Chapter III The Structure of the State
Section 1 The National people's Congress
Section 2 The President of the People's Republic of China
Section 3 The State Council
Section 4 The Central Millitary Commision
Section 5 The Local People's Congress and Local People's Governments at Various
Levels
Section 6 The Organs of Self-government of National Autonomous Areas
Section 7 The People's Courts and The People's Procuratorates
Chapter IV The National Flag, the National Anthem, the National Emblem and the
Capital
Preamble
China is a country with one of the longest histories in the world. The people
of all of China's nationalities have jointly created a culture of grandeur and
have a glorious revolutionary tradition.
After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal
country. The Chinese people waged many successive heroic struggles for national
independence and liberation and for democracy and freedom.
Great and earthshaking historical changes have taken place in China in the
20th century.
The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy
and gave birth to the Republic of China. But the historic mission of the Chinese
people to overthrow imperialism and feudalism remained unaccomplished.
After waging protracted and arduous struggles, armed and otherwise, along
a zigzag course, the Chinese people of all nationalities led by the Communist
Party of China with Chairman Mao Zedong as its leader ultimately,in 1949, overthrew
the rule of imperialism,feudalism and bureaucrat-capitalism, won a great victory
in the New-Democratic Revolution and founded the People's Republic of China. Since
then the Chinese people have taken control of state power and become masters of
the country.
After the founding of the People's Republic, China gradually achieved its
transition from a New-Democratic to a socialist society. The socialist transformation
of the private ownership of the means of production has been completed, the system
of exploitation of man by man abolished and the socialist system established.
The people's democratic dictatorship led by the working class and based on the
alliance of workers and peasants, which is in essence the dictatorship of the
proletariat, has been consolidated and developed. The Chinese people and the Chinese
People's Liberation Army have defeated imperialist and hegemonist aggression,
sabotage and armed provocations and have thereby safeguarded China's national
independence and security and strengthened its national defence. Major successes
have been achieved in economic development. An independent and relatively comprehensive
socialist system of industry has basically been established. There has been a
marked increase in agricultural production. Significant advances have been made
in educational, scientific and cultural undertakings, while education in socialist
ideology has produced noteworthy results. The life of the people has improved
considerably.
Both the victory in China's New-Democratic Revolution and the successes in
its socialist cause have been achieved by the Chinese people of all nationalities,
under the leadership of the Communist Party of China and guidance of Marxism-Leninism
and Mao Zedong Thought, by upholding truth, correcting errors and surmounting
numerous difficulties and hardships. China will be in the primary stage of socialism
for a long time to come. The basic task of the nation is to concentrate its effort
on socialist modernization along the socialist road with Chinese characteristics.
Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism,
Mao Zedong Thought, Deng Xiaoping Theory and the important thought of 'Three Represents',
the Chinese people of all nationalities will continue to adhere to the people's
democratic dictatorship and the socialist road, persevere in reform and opening
to the outside world, steadily improve various socialist institutions, develop
the socialist market economy, develop socialist democracy, improve the socialist
legal system and work hard and self-dependently to modernize the country's industry,
agriculture, national defense and science and technology step by step, and to
promote the coordinated development of material civilization, political civilization
and spiritual civilization to build China into a socialist country that is prosperous,
powerful, democratic and culturally advanced.
The exploiting classes as such have been abolished in our country. However,
class struggle will continue to exist within certain bounds for a long time to
come. The Chinese people must fight against those forces and elements, both at
home and abroad, that are hostile to China's socialist system and try to undermine
it.
Taiwan is part of the sacred territory of the People's Republic of China.
It is the inviolable duty of all Chinese people, including our compatriots in
Taiwan, to accomplish the great task of reunifying the motherland.
In building socialism it is essential to rely on workers, peasants and intellectuals
and to unite all 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 a broad patriotic united front that is composed of democratic parties
and people's organizations, embracing all socialist working people, builders of
the socialist cause, all patriots who support socialism and all patriots who stand
for reunification of the motherland. This united front will continue to be consolidated
and developed. The Chinese People's Political Consultative Conference, a broadly
based representative organization of the united front which has played a significant
historical role, will play a still more important role in the country's political
and social life, in promoting friendship with other countries and in the struggle
for socialist modernization and for the reunification and unity of the country.
The system of the multi- party cooperation and political consultation led by the
Communist Party of CHina will exist and develop for a long time.
The People's Republic of China is a unitary multi-national state created jointly
by the people of all its nationalities. Socialist relations of equality, unity
and mutual assistance have been established among the nationalities and will continue
to be strengthened. In the struggle to safeguard the unity of the nationalities,
it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and to
combat local national chauvinism. The state will do its utmost to promote the
common prosperity of all the nationalities.
China's achievements in revolution and construction are inseparable from the
support of the people of the world. The future of China is closely linked to the
future of the world. China consistently carries out an independent foreign policy
and adheres to the five principles of mutual respect for sovereignty and territorial
integrity, mutual non-aggression, non-interference in each other's internal affairs,
equality and mutual benefit, and peaceful coexistence in developing diplomatic
relations and economic and cultural exchanges with other countries. China consistently
opposes imperialism, hegemonism and colonialism, works to strengthen unity with
the people of other countries, supports the oppressed nations and the developing
countries in their just struggle to win and preserve national independence and
develop their national economies, and strives to safeguard world peace and promote
the cause of human progress.
This Constitution, in legal form, affirms the achievements of the struggles
of the Chinese people of all nationalities and defines the basic system and basic
tasks of the state; it is the fundamental law of the state and has supreme legal
authority. The people of all nationalities, all state organs, the armed forces,
all political parties and public organizations and all enterprises and institutions
in the country must take the Constitution as the basic standard of conduct, and
they have the duty to uphold the dignity of the Constitution and ensure its implementation.
Chapter I General Principle
Article 1 The People's Republic of China is a socialist state under the people's
democratic dictatorship led by the working class and based on the alliance of
workers and peasants.
The socialist system is the basic system of the People's Republic of China.
Disruption of the socialist system by any organization or individual is prohibited.
Article 2 All power in the People's Republic of China belongs to the people.
The National People's Congress and the local people's congresses at various
levels are the organs through which the people exercise state power.
The people administer state affairs and manage economic, cultural and social
affairs through various channels and in various ways in accordance with the law.
Article 3 The state organs of the People's Republic of China apply the principle
of democratic centralism.
The National People's Congress and the local people's congresses at various
levels are constituted through democratic elections. They are responsible to the
people and subject to their supervision.
All administrative, judicial and procuratorial organs of the state are created
by the people's congresses to which they are responsible and by which they are
supervised.
The division of functions and powers between the central and local state organs
is guided by the principle of giving full scope to the initiative and enthusiasm
of the local authorities under the unified leadership of the central authorities.
Article 4 All nationalities in the People's Republic of China are equal. The
state protects the lawful rights and interests of the minority nationalities and
upholds and develops a relationship of equality, unity and mutual assistance among
all of China's nationalities. Discrimination against and oppression of any nationality
are prohibited; any act which undermines the unity of the nationalities or instigates
division is prohibited.
The state assists areas inhabited by minority nationalities in accelerating
their economic and cultural development according to the characteristics and needs
of the various minority nationalities.
Regional autonomy is practiced in areas where people of minority nationalities
live in concentrated communities; in these areas organs of self-government are
established to exercise the power of autonomy. All national autonomous areas are
integral parts of the People's Republic of China.
All nationalities have the freedom to use and develop their own spoken and
written languages and to preserve or reform their own folkways and customs.
Article 5 The state upholds the uniformity and dignity of the socialist legal
system.
No laws or administrative or local rules and regulations may contravene the
Constitution.
All state organs, the armed forces, all political parties and public organizations
and all enterprises and institutions must abide by the Constitution and the law.
All acts in violation of the Constitution or the law must be investigated.
No organization or individual is privileged to be beyond the Constitution
or the law.
Article 6 The basis of the socialist economic system of the People's Republic
of China is socialist public ownership of the means of production, namely, ownership
by the whole people and collective ownership by the working people.
The system of socialist public ownership supersedes the system of exploitation
of man by man; it applies the principle of " from each according to his ability,
to each according to his work."
Article 7 The state-owned economy, namely, 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-owned economy.
Article 8 In rural areas the responsibility system, the main form of which
is household contract that links remuneration to output, and other forms of cooperative
economy, such as producers', supply and marketing, credit and consumers cooperatives,
belong to the sector of socialist economy under collective ownership by the working
people. Working people who are members of rural economic collectives have the
right, within the limits prescribed by law, to farm plots of cropland and hilly
land allotted for their private use, engage in household sideline production and
raise privately-owned livestock.
The various forms of cooperative economy in the cities and towns, such as
those in the handicraft, industrial, building, transport, commercial and service
trades, all belong to the sector of socialist economy under collective ownership
by the working people.
The state protects the lawful rights and interests of the urban and rural
economic collectives and encourages, guides and helps the growth of the collective
economy.
Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed
land, beaches and other natural resources are owned by the state, that is, by
the whole people, with the exception of the forests, mountains, grasslands, unreclaimed
land and beaches that are owned by collectives in accordance with the law.
The state ensures the rational use of natural resources and protects rare
animals and plants. Appropriation or damaging of natural resources by any organization
or individual by whatever means is prohibited.
Article 10 Land in the cities is owned by the state.
Land in the rural and suburban areas is owned by collectives except for those
portions which belong to the state in accordance with the law; house sites and
privately farmed plots of cropland and hilly land are also owned by collectives.
The state may, for the public interest, expropriate or take over land for
public use, and pay compensation in accordance with the law.
No organization or individual may appropriate, buy, sell or otherwise engage
in the transfer of land by unlawful means. The rights to the use of land may be
transferred according to law.
All organizations and individuals using land must ensure its rational use.
Article 11 The individual economy of urban and rural working people, operating
within the limits prescribed by law, is a complement to the socialist public economy.
The state protects the lawful rights and interests of the individual economy.
The state protects the lawful rights and interests of the non-public sectors
of the economy, including individual and private sectors of the economy. The state
encourages, supports and guides the development of the non-public sectors of the
economy, and exercises supervision and control over the non-public sectors according
to law.
The state permits the private sector of the economy to exist and develop within
the limits prescribed by law. The private sector of the economy is a complement
to the socialist public economy. The state protects the lawful rights and interests
of the private sector of the economy, and exercises guidance, supervision and
control over the private sector of the economy.
Article 12 Socialist public property is inviolable.
The state protects socialist public property. Appropriation or damaging of
state or collective property by any organization or individual by whatever means
is prohibited.
Article 13 The lawful private property of citizens may not be encroached upon.
The state protects by law the right of citizens to own private property and
the right to inherit private property.
The state may, for the public interest, expropriate or take over private property
of citizens for public use, and pay compensation in accordance with the law.
The state protects according to law the right of citizens to inherit private
property.
Article 14 The state continuously raises labour productivity, improves economic
results and develops the productive forces by enhancing the enthusiasm of the
working people, raising the level of their technical skill, disseminating advanced
science and technology, improving the systems of economic administration and enterprise
operation and management, instituting the socialist system of responsibility in
various forms and improving the organization of work.
The state practises strict economy and combats waste.
The state properly apportions accumulation and consumption, concerns itself
with the interests of the collective and the individual as well as of the state
and, on the basis of expanded production, gradually improves the material and
cultural life of the people.
The state establishes and improves the social security system fitting in with
the level of economic development.
Article 15 The state practises socialist market economy.
The state strengthens economic legislation, improves macro-regulation and
control.
The state prohibits in accordance with the law any organization or individual
from disturbing the socia-economic order.
Article 16 State-owned enterprises have decision-making power with regard
to their operation within the limits prescribed by law.
State-owned enterprises practise democratic management through congresses
of workers and staff and in other ways in accordance with the law.
Article 17 Collective economic organizations have decision- making power in
conducting independent economic activities, on condition that they abide by the
relevant laws.
Collective economic organizations practise democratic management in accordance
with the law, elect or remove their managerial personnel and decides on major
issues concerning operation and management.
Article 18 The People's Republic of China permits foreign enterprises, other
foreign economic organizations and individual foreigners to invest in China and
to enter into various forms of economic cooperation with Chinese enterprises and
other Chinese economic organizations in accordance with the law of the People's
Republic of China.
All foreign enterprises, other foreign economic organizations as well as Chinese-foreign
joint ventures within Chinese territory shall abide by the law of the People's
Republic of China. Their lawful rights and interests are protected by the law
of the People's Republic of China.
Article 19 The state undertakes the development of socialist education and
works to raise the scientific and cultural level of the whole nation.
The state establishes and administers schools of various types, universalizes
compulsory primary education and promotes secondary, vocational and higher education
as well as preschool education.
The state develops educational facilities in order to eliminate illiteracy
and provide political, scientific, technical and professional education as well
as general education for workers, peasants, state functionaries and other working
people. It encourages people to become educated through independent study.
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 law.
The state promotes the nationwide use of Putonghua (common speech based on
Beijing pronunciation).
Article 20 The state promotes the development of the natural and social sciences,
disseminates knowledge of science and technology, and commends and rewards achievements
in scientific research as well as technological innovations and inventions.
Article 21 The state develops medical and health services, promotes modern
medicine and traditional Chinese medicine, encourages and supports the setting
up of various medical and health facilities by the rural economic collectives,
state enterprises and institutions and neighborhood organizations, and promotes
health and sanitation activities of a mass character, all for the protection of
the people's health.
The state develops physical culture and promotes mass sports activities to
improve the people's physical fitness.
Article 22 The state promotes the development of art and literature, the press,
radio and television broadcasting, publishing and distribution services, libraries,
museums, cultural centres and other cultural undertakings that serve the people
and socialism, and it sponsors mass cultural activities.
The state protects sites of scenic and historical interest, valuable cultural
monuments and relics and other significant items of China's historical and cultural
heritage.
Article 23 The state trains specialized personnel in all fields who serve
socialism, expands the ranks of intellectuals and creates conditions to give full
scope to their role in socialist modernization.
Article 24 The state strengthens the building of a socialist society with
an advanced culture and ideology by promoting education in high ideals, ethics,
general knowledge, discipline and legality, and by promoting the formulation and
observance of rules of conduct and common pledges by various sections of the people
in urban and rural areas.
The state advocates the civic virtues of love of the motherland, of the people,
of labour, of science and of socialism. It conducts education among the people
in patriotism and collectivism, in internationalism and communism and in dialectical
and historical materialism, to combat capitalist, feudal and other decadent ideas.
Article 25 The state promotes family planning so that population growth may
fit the plans for economic and social development.
Article 26 The state protects and improves the environment in which people
live and the ecological environment. It prevents and controls pollution and other
public hazards.
The state organizes and encourages afforestation and the protection of forests.
Article 27 All state organs carry out the principle of simple and efficient
administration, the system of responsibility for work and the system of training
functionaries and appraising their performance in order constantly to improve
the quality of work and efficiency and combat bureaucratism.
All state organs and functionaries must rely on the support of the people,
keep in close touch with them, heed their opinions and suggestions, accept their
supervision and do their best to serve them.
Article 28 The state maintains public order and suppresses treasonable and
other counter-revolutionary activities; it penalizes criminal activities that
endanger public security and disrupt the socialist economy as well as other criminal
activities; and it punishes and reforms criminals.
Article 29 The armed forces of the People's Republic of China belong to the
people. Their tasks are to strengthen national defence, resist aggression, defend
the motherland, safeguard the people's peaceful labour, participate in national
reconstruction and do their best to serve the people.
The state strengthens the revolutionization, modernization and regularization
of the armed forces in order to increase national defence capability.
Article 30 The administrative division of the People's Republic of China is
as follows:
(1) The country is divided into provinces, autonomous regions and municipalities
directly under the Central Government;
(2) Provinces and autonomous regions are divided into autonomous prefectures,
counties, autonomous counties, and cities;
(3) Counties and autonomous counties are divided into townships, nationality
townships, and towns.
Municipalities directly under the Central Government and other large cities
are divided into districts and counties. Autonomous prefectures are divided into
counties, autonomous counties, and cities.
All autonomous regions, autonomous prefectures and autonomous counties are
national autonomous areas.
Article 31 The state may establish special administrative regions when necessary.
The systems to be instituted in special administrative regions shall be prescribed
by law enacted by the National People's Congress in the light of specific conditions.
Article 32 The People's Republic of China protects the lawful rights and interests
of foreigners within Chinese territory; foreigners on Chinese territory must abide
by the laws of the People's Republic of China.
The People's Republic of China may grant asylum to foreigners who request
it for political reasons.
Chapter II The Fundmental Rights and Duties of Citizens
Article 33 All persons holding the nationality of the People's Republic of
China are citizens of the People's Republic of China.
All citizens of the People's Republic of China are equal before the law.
The state respects and protects human rights.
Every citizen is entitled to the rights and at the same time must perform
the duties prescribed by the Constitution and the law.
Article 34 All citizens of the People's Republic of China who have reached
the age of 18 have the right to vote and stand for election, regardless of ethnic
status, race, sex, occupation, family background, religious belief, education,
property status or length of residence, except persons deprived of political rights
according to law.
Article 35 Citizens of the People's Republic of China enjoy freedom of speech,
of the press, of assembly, of association, of procession and of demonstration.
Article 36 Citizens of the People's Republic of China enjoy freedom of religious
belief.
No state organ, public organization or individual may compel citizens to believe
in, or not to believe in, any religion; nor may they discriminate against citizens
who believe in, or do not believe in, any religion.
The state protects normal religious activities. No one may make use of religion
to engage in activities that disrupt public order, impair the health of citizens
or interfere with the educational system of the state.
Religious bodies and religious affairs are not subject to any foreign domination.
Article 37 Freedom of the person of citizens of the People's Republic of China
is inviolable.
No citizen may be arrested except with the approval or by decision of a people's
procuratorate or by decision of a people's court, and arrests must be made by
a public security organ.
Unlawful detention or deprivation or restriction of citizens freedom of the
person by other means is prohibited, and unlawful search of the person of citizens
is prohibited.
Article 38 The personal dignity of citizens of the People's Republic of China
is inviolable. Insult, libel, false accusation or false incrimination directed
against citizens by any means is prohibited.
Article 39 The residences of citizens of the People's Republic of China are
inviolable. Unlawful search of, or intrusion into, a citizen's residence is prohibited.
Article 40 Freedom and privacy of correspondence of citizens of the People's
Republic of China are protected by law. No organization or individual may, on
any ground, infringe upon citizens freedom and privacy of correspondence, except
in cases where, to meet the needs of state security or of criminal investigation,
public security or procuratorial organs are permitted to censor correspondence
in accordance with procedures prescribed by law.
Article 41 Citizens of the People's Republic of China have the right to criticize
and make suggestions regarding any state organ or functionary. Citizens have the
right to make to relevant state organs complaints or charges against, or exposures
of, any state organ or functionary for violation of the law or dereliction of
duty; but fabrication or distortion of facts for purposes of libel or false incrimination
is prohibited.
The state organ concerned must deal with complaints, charges or exposures
made by citizens in a responsible manner after ascertaining the facts. No one
may suppress such complaints, charges and exposures or retaliate against the citizens
making them.
Citizens who have suffered losses as a result of infringement of their civic
rights by any state organ or functionary have the right to compensation in accordance
with the law.
Article 42 Citizens of the People's Republic of China have the right as well
as the duty to work.
Through various channels, the state creates conditions for employment, enhances
occupational safety and health, improves working conditions and, on the basis
of expanded production, increases remuneration for work and welfare benefits.
Work is a matter of honour for every citizen who is able to work. All working
people in state-owned enterprises and in urban and rural economic collectives
should approach their work as the masters of the country that they are. The state
promotes socialist labour emulation, and commends and rewards model and advanced
workers. The state encourages citizens to take part in voluntary labour.
The state provides necessary vocational training for citizens before they
are employed.
Article 43 Working people in the People's Republic of China have the right
to rest.
The state expands facilities for the rest and recuperation of the working
people and prescribes working hours and vacations for workers and staff.
Article 44 The state applies the system of retirement for workers and staff
of enterprises and institutions and for functionaries of organs of state according
to law. The livelihood of retired personnel is ensured by the state and society.
Article 45 Citizens of the People's Republic of China have the right to material
assistance from the state and society when they are old, ill or disabled. The
state develops social insurance, social relief and medical and health services
that are required for citizens to enjoy this right.
The state and society ensure the livelihood of disabled members of the armed
forces, provide pensions to the families of martyrs and give preferential treatment
to the families of military personnel.
The state and society help make arrangements for the work, livelihood and
education of the blind, deaf-mutes and other handicapped citizens.
Article 46 Citizens of the People's Republic of China have the duty as well
as the right to receive education.
The state promotes the all-round development of children and young people,
morally, intellectually and physically.
Article 47 Citizens of the People's Republic of China have the freedom to
engage in scientific research, literary and artistic creation and other cultural
pursuits. The state encourages and assists creative endeavours conducive to the
interests of the people that are made by citizens engaged in education, science,
technology, literature, art and other cultural work.
Article 48 Women in the People's Republic of China enjoy equal rights with
men in all spheres of life, in political, economic, cultural, social and family
life.
The state protects the rights and interests of women, applies the principle
of equal pay for equal work to men and women alike and trains and selects cadres
from among women.
Article 49 Marriage,the family and mother and child are protected by the state.
Both husband and wife have the duty to practise family planning.
Parents have the duty to rear and educate their children who are minors, and
children who have come of age have the duty to support and assist their parents.
Violation of the freedom of marriage is prohibited. Maltreatment of old people,
women and children is prohibited.
Article 50 The People's Republic of China protects the legitimate rights and
interests of Chinese nationals residing abroad and protects the lawful rights
and interests of returned overseas Chinese and of the family members of Chinese
nationals residing abroad.
Article 51 Citizens of the People's Republic of China, in exercising their
freedoms and rights, may not infringe upon the interests of the state, of society
or of the collective, or upon the lawful freedoms and rights of other citizens.
Article 52 It is the duty of citizens of the People's Republic of China to
safeguard the unification of the country and the unity of all its nationalities.
Article 53 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
and public order and respect social ethics.
Article 54 It is the duty of citizens of the People's Republic of China to
safeguard the security, honour and interests of the motherland; they must not
commit acts detrimental to the security, honour and interests of the motherland.
Article 55 It is the sacred duty of every citizen of the People's Republic
of China to defend the motherland and resist aggression.
It is the honourable duty of citizens of the People's Republic of China to
perform military service and join the militia in accordance with the law.
Article 56 It is the duty of citizens of the People's Republic of China to
pay taxes in accordance with the law.
Chapter III The Structure of the State
Section 1 The National people's Congress
Article 57 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.
Article 58 The National People's Congress and its Standing Committee exercise
the legislative power of the state.
Article 59 The National People's Congress is composed of deputies elected
by the provinces, autonomous regions, municipalities directly under the Central
Government, and special administrative regions, as well as by the armed forces.
All the minority ethnic groups are entitled to appropriate representation.
Election of deputies to the National People's Congress is conducted by the
Standing Committee of the National People's Congress.
The number of deputies to the National People's Congress and the procedure
of their election are prescribed by law.
Article 60 The National People's Congress is elected for a term of five years.
The Standing Committee of the National People's Congress must ensure the completion
of election of deputies to the succeeding National People's Congress two months
prior to the expiration of the term of office of the current National People's
Congress. Should extraordinary circumstances prevent such an election, it may
be postponed and the term of office of the current National People's Congress
extended by the decision of a vote of more than two-thirds of all those on the
Standing Committee of the current National People's Congress. The election of
deputies to the succeeding National People's Congress must be completed within
one year after the termination of such extraordinary circumstances.
Article 61 The National People's Congress meets in session once year and is
convened by its Standing Committee. A session of he National People's Congress
may be convened at any time the standing Committee deems it necessary or when
more than one-fifth of the deputies to the National People's Congress so propose.
When the National People's Congress meets, it elects a Presidium to conduct
its session.
Article 62 The National People's Congress exercises the following functions
and powers:
(1) to amend the Constitution;
(2) to supervise the enforcement of the Constitution;
(3) to enact and amend basic laws governing criminal offences, civil affairs,
the state organs and other matters;
(4) to elect the President and the Vice-President of the People's Republic
of China;
(5) to decide on the choice of the Premier of the State Council upon nomination
by the President of the People's Republic of China, and on the choice of the Vice-Premiers,
State Councillors, Ministers in charge of ministries or commissions, the Auditor-General
and the Secretary-General of the State Council upon nomination by the Premier;
(6) to elect the Chairman of the Central Military Commission and, upon nomination
by the Chairman,to decide on the choice of all other members of the Central Military
Commission;
(7) to elect the President of the Supreme People's Court;
(8) to elect the Procurator-General of the Supreme People's Procuratorate;
(9) to examine and approve the plan for national economic and social development
and the report on its implementation;
(10) to examine and approve the state budget and the report on its implementation;
(11) to alter or annul inappropriate decisions of the Standing Committee of
the National People's Congress;
(12) to approve the establishment of provinces, autonomous regions, and municipalities
directly under the Central Government;
(13) to decide on the establishment of special administrative regions and
the systems to be instituted there;
(14) to decide on questions of war and peace; and
(15) to exercise such other functions and powers as the highest organ of state
power should exercise.
Article 63 The National People's Congress has the power to remove from office
the following persons:
(1) the President and the Vice-President of the People's Republic of China;
(2) the Premier, Vice-Premiers, State Councillors, Ministers in charge of
ministries or commissions, the Auditor-General and the Secretary-General of the
State Council;
(3) the Chairman of the Central Military Commission and other members of the
Commission;
(4) the President of the Supreme People's Court; and
(5) the Procurator-General of the Supreme People's Procuratorate.
Article 64 Amendments to the Constitution are to be proposed by the Standing
Committee of the National People's Congress or by more than one-fifth of the deputies
to the National People's Congress and adopted by a vote of more than two-thirds
of all the deputies to the Congress.
Laws and resolutions are to be adopted by a majority vote of all the deputies
to the National People's Congress.
Article 65 The Standing Committee of the National People's Congress is composed
of the following:
the Chairman;
the Vice-Chairmen;
the Secretary-General; and
the members.
on the Standing Committee of the National People's Congress.
The National People's Congress elects, and has the power to recall, members
of its Standing Committee.
No one on the Standing Committee of the National People's Congress shall hold
office in any of the administrative, judicial or procuratorial organs of the state.
Article 66 The Standing Committee of the National People's Congress is elected
for the same term as the National People's Congress; it shall exercise its functions
and powers until a new Standing Committee is elected by the succeeding National
People's Congress.
The Chairman and Vice-Chairmen of the Standing Committee shall serve no more
than two consecutive terms.
Article 67 The Standing Committee of the National People's Congress exercises
the following functions and powers:
(1) to interpret the Constitution and supervise its enforcement;
(2) to enact and amend laws, with the exception of those which should be enacted
by the National People's Congress;
(3) to partially supplement and amend, when the National People's Congress
is not in session, laws enacted by the National People's Congress provided that
the basic principles of these laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the National People's Congress is not in session,
partial adjustments to the plan for national economic and social development or
to the state budget that prove necessary in the course of their implementation;
(6) to supervise the work of the State Council, the Central Military Commission,
the Supreme People's Court and the Supreme People's Procuratorate;
(7) to annul those administrative rules and regulations, decisions or orders
of the State Council that contravene the Constitution or the law;
(8) to annul those local regulations or decisions of the organs of state power
of provinces, autonomous regions, and municipalities directly under the Central
Government that contravene the Constitution, the law or the administrative rules
and regulations;
(9) to decide, when the National People's Congress is not in session, on the
choice of Ministers in charge of ministries or commissions, the Auditor-General
or the Secretary-General of the State Council upon nomination by the Premier of
the State Council;
(10) to decide, upon nomination by the Chairman of the Central Military Commission,
on the choice of other members of the Commission, when the National People's Congress
is not in session;
(11) to appoint or remove, at the recommendation of the President of the Supreme
People's Court, the Vice-Presidents and Judges of the Supreme People's Court,
members of its Judicial Committee and the President of the Military Court;
(12) to appoint or remove, at the recommendation of the Procurator-General
of the Supreme People's Procuratorate, the Deputy Procurators-General and procurators
of the Supreme People's Procuratorate, members of its Procuratorial Committee
and the Chief Procurator of the Military Procuratorate, and to approve the appointment
or removal of the chief procurators of the people's procuratorates of provinces,
autonomous regions, and municipalities directly under the Central Government;
(13) to decide on the appointment or recall of plenipotentiary representatives
abroad;
(14) to decide on the ratification or abrogation of treaties and important
agreements concluded with foreign states;
(15) to institute systems of titles and ranks for military and diplomatic
personnel and of other specific titles and ranks;
(16) to institute state medals and titles of honour and decide on their conferment;
(17) to decide on the granting of special pardons;
(18) to decide, when the National People's Congress is not in session, on
the proclamation of a state of war in the event of an armed attack on the country
or in fulfilment of international treaty obligations concerning common defence
against aggression;
(19) to decide on general mobilization or partial mobilization;
(20) To decide on the declaration of the country as a whole or particular
provinces, autonomous regions or municipalities directly under the Central Government
to be under a state of emergency; and
(21) to exercise such other functions and powers as the National People's
Congress may assign to it.
Article 68 The Chairman of the Standing Committee of the National People's
Congress directs the work of the Standing Committee and convenes its meetings.
The Vice-Chairmen and the Secretary-General assist the Chairman in his work.
The chairman, the Vice-Chairmen and the Secretary-General constitute the Council
of Chairmen which handles the important day-to-day work of the Standing Committee
of the National People's Congress.
Article 69 The Standing Committee of the National People's Congress is responsible
to the National People's Congress and reports on its work to the Congress.
Article 70 The National People's Congress establishes a Nationalities Committee,
a Law Committee, a Finance and Economic Committee, an Education, Science, Culture
and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese
Committee and such other special committees as are necessary. These special committees
work under the direction of the Standing Committee of the National People's Congress
when the Congress is not in session.
The special committees examine, discuss and draw up relevant bills and draft
resolutions under the direction of the National People's Congress and its Standing
Committee.
Article 71 The National People's Congress and its Standing Committee may,
when they deem it necessary, appoint committees of inquiry into specific questions
and adopt relevant resolutions in the light of their reports. All organs of state,
public organizations and citizens concerned are obliged to furnish necessary information
to the committees of inquiry when they conduct investigations.
Article 72 Deputies to the National People's Congress and members of its Standing
Committee have the right, in accordance with procedures prescribed by law, to
submit bills and proposals within the scope of the respective functions and powers
of the National People's Congress and its Standing Committee.
Article 73 Deputies to the National People's Congress and members of the Standing
Committee have the right, during the sessions of the Congress and the meetings
of the Committee, to address questions, in accordance with procedures prescribed
by law, to the State Council or the ministries and commissions under the State
Council, which must answer the questions in a responsible manner.
Article 74 No deputy to the National People's Congress may be arrested or
placed on criminal trial without the consent of the Presidium of the current session
of the National People's Congress or, when the National People's Congress is not
in session, without the consent of its Standing Committee.
Article 75 Deputies to the National People's Congress may not be held legally
liable for their speeches or votes at its meetings.
Article 76 Deputies to the National People's Congress must play an exemplary
role in abiding by the Constitution and the law and keeping state secrets and,
in public activities, production and other work,assist in the enforcement of the
Constitution and the law.
Deputies to the National People's Congress should maintain close contact with
the units which elected them and with the people, heed and convey the opinions
and demands of the people and work hard to serve them.
Article 77 Deputies to the National People's Congress are subject to supervision
by the units which elected them. The electoral units have the power, through procedures
prescribed by law, to recall deputies they elected.
Article 78 The organization and working procedures of the National People's
Congress and its Standing Committee are prescribed by law.
Section 2 The President of the People's Republic of China
Article 79 The President and Vice-President of the People's Republic of China
are elected by the National People's Congress.
Citizens of the People's Republic of China who have the right to vote and
to stand for election and who have reached the age of 45 are eligible for election
as President or Vice-President of the People's Republic of China.
The term of office of the President and Vice-President of the People's Republic
of China is the same as that of the National People's Congress, and they shall
serve no more than two consecutive terms.
Article 80 The President of the People's Republic of China, in pursuance of
the decisions of the National People's Congress and its Standing Committee, promulgates
statutes, appoints or removes the Premier, Vice-Premiers, State Councilors, Ministers
in charge of ministries or commissions, the Auditor-General and the Secretary-General
of the State Council; confers state medals and titles of honor; issues orders
of special pardons; declares a state of emergency, declares a state of war, and
issues a mobilization order.
Article 81 The President of the People's Republic of China represents the
People's Republic of China in conducting activities of national affairs and receiving
foreign diplomatic representatives and; in pursuance of the decisions of the Standing
Committee of the National People's Congress, appoints or recalls plenipotentiary
representatives abroad, and ratifies or abrogates treaties and important agreements
concluded with foreign states.
Article 82 The Vice-President of the People's Republic of China assists the
President in his work.
The Vice-President of the People's Republic of China may exercise such functions
and powers of the President as the President may entrust to him.
Article 83 The President and Vice-President of the People's Republic of China
exercise their functions and powers until the new President and Vice-President
elected by the succeeding National People's Congress assume office.
Article 84 In the event that the office of the President of the People's Republic
of China falls vacant, the Vice-President succeeds to the office of the President.
In the event that the office of the Vice-President of the People's Republic
of China falls vacant, the National People's Congress shall elect a new Vice-President
to fill the vacancy.
In the event that the offices of both the President and the Vice-President
of the People's Republic of China fall vacant, the National People's Congress
shall elect a new President and a new Vice-President. Prior to such election,
the Chairman of the Standing Committee of the National People's Congress shall
temporarily act as the President of the People's Republic of China.
Section 3 The State Council
Article 85 The State Council, that is, the Central People's Government, of
the People's Republic of China is the executive body of the highest organ of state
power; it is the highest organ of state administration.
Article 86 The State Council is composed of the following:
the Premier;
the Vice-Premiers;
the State Councillors;
the Ministers in charge of ministries;
the Ministers in charge of commissions;
the Auditor-General; and
the Secretary-General.
The Premier assumes overall responsibility for the work of the State Council.
The Ministers assume overall responsibility for the work of the ministries and
commissions.
The organization of the State Council is prescribed by law.
Article 87 The term of office of the State Council is the same as that of
the National People's Congress.
The Premier, Vice-Premiers and State Councillors shall serve no more than
two consecutive terms.
Article 88 The Premier directs the work of the State Council. The Vice-Premiers
and State Councillors assist the Premier in his work.
Executive meetings of the State Council are to be attended by the Premier,
the Vice-Premiers, the State Councillors and the Secretary-General of the State
Council.
The Premier convenes and presides over the executive meetings and plenary
meetings of the State Council.
Article 89 The State Council exercises the following functions and powers:
(1) to adopt administrative measures, enact administrative rules and regulations
and issue decisions and orders in accordance with the Constitution and the law;
(2) to submit proposals to the National People's Congress or its Standing
Committee;
(3) to formulate the tasks and responsibilities of the ministries and commissions
of the State Council, to exercise unified leadership over the work of the ministries
and commissions and to direct all other administrative work of a national character
that does not fall within the jurisdiction of the ministries and commissions;
(4) to exercise unified leadership over the work of local organs of state
administration at various levels throughout the country, and to formulate the
detailed division of functions and powers between the Central Government and the
organs of state administration of provinces, autonomous regions, and municipalities
directly under the Central Government;
(5) to draw up and implement the plan for national economic and social development
and the state budget;
(6) to direct and administer economic affairs and urban and rural development;
(7) to direct and administer the affairs of education, science, culture, public
health, physical culture and family planning;
(8) to direct and administer civil affairs, public security, judicial administration,
supervision and other related matters;
(9) to conduct foreign affairs and conclude treaties and agreements with foreign
states;
(10) to direct and administer the building of national defence;
(11) to direct and administer affairs concerning the nationalities and to
safeguard the equal rights of minority nationalities and the right to autonomy
of the national autonomous areas;
(12) to protect the legitimate rights and interests of Chinese nationals residing
abroad and protect the lawful rights and interests of returned overseas Chinese
and of the family members of Chinese nationals residing abroad;
(13) to alter or annul inappropriate orders, directives and regulations issued
by the ministries or commissions;
(14) to alter or annul inappropriate decisions and orders issued by local
organs of state administration at various levels;
(15) to approve the geographic division of provinces, autonomous regions and
municipalities directly under the Central Government, and to approve the establishment
and geographic division of autonomous prefectures, counties, autonomous counties,
and cities;
(16) To decide by law to place parts of provinces, autonomous regions, and
municipalities directly under the Central Government under a state of emergency
(17) to examine and decide on the size of administrative organs and, and,
in accordance with the law, to appoint or remove administrative officials, train
them, appraise their performance and reward or punish them; and
(18) to exercise such other functions and powers as the National People's
Congress or its Standing Committee may assign to it.
Article 90 Ministers in charge of the ministries or commissions of the State
Council are responsible for the work of their respective departments and they
convene and preside over ministerial meetings or general and executive meetings
of the commissions to discuss and decide on major issues in the work of their
respective departments.
The ministries and commissions issue orders, directives and regulations within
the jurisdiction of their respective departments and in accordance with the law
and the administrative rules and regulations, decisions and orders issued by the
State Council.
Article 91 The State Council establishes an auditing body to supervise through
auditing the revenue and expenditure of all departments under the State Council
and of the local governments at various levels, and the revenue and expenditure
of all financial and monetary organizations, enterprises and institutions of the
state.
Under the direction of the Premier of the State Council, the auditing body
independently exercises its power of supervision through auditing in accordance
with the law, subject to no interference by any other administrative organ or
any public organization or individual.
Article 92 The State Council is responsible and reports on its work to the
National People's Congress or, when the National People's Congress is not in session,
to its Standing Committee.
Section 4 The Central Millitary Commision
Article 93 The Central Military Commission of the People's Republic of China
directs the armed forces of the country.
The Central Military Commission is composed of the following:
the Chairman;
the Vice-Chairmen; and
the members.
The Chairman assumes overall responsibility for the work of the Central Military
Commission.
The term of office of the Central Military Commission is the same as that
of the National People's Congress.
Article 94 The Chairman of the Central Military Commission is responsible
to the National People's Congress and its Standing Committee.
Section 5 The Local People's Congress and Local People's Governments at Various
Levels
Article 95 People's congresses and people's governments are established in
provinces, municipalities directly under the Central Government, counties, cities,
municipal districts, townships, nationality townships, and towns.
The organization of local people's congresses and local people's governments
at various levels is prescribed by law.
Organs of self-government are established in autonomous regions, autonomous
prefectures and autonomous counties. The organization and working procedures of
organs of self-government are prescribed by law in accordance with the basic principles
laid down in SECTIONs 5 and 6 of CHAPTER III of the Constitution.
Article 96 Local people's congresses at various levels are local organs of
state power.
Local people's congresses at and above the county level establish standing
committees.
Article 97 Deputies to the people's congresses of provinces, municipalities
directly under the Central Government and cities divided into districts are elected
by the people's congresses at the next lower level; deputies to the people's congresses
of counties, cities not divided into districts, municipal districts, townships,
nationality townships, and towns are elected directly by their constituencies.
The number of deputies to local people's congresses at various levels and
the manner of their election are prescribed by law.
Article 98 The term of office of local people's congresses at various levels
is five years.
Article 99 Local people's congresses at various levels ensure the observance
and implementation of the Constitution and the law and the administrative rules
and regulations in their respective administrative areas. Within the limits of
their authority as prescribed by law, they adopt and issue resolutions and examine
and decide on plans for local economic and cultural development and for the development
of public services.
Local people's congresses at and above the county level shall examine and
approve the plans for economic and social development and the budgets of their
respective administrative areas and examine and approve the reports on their implementation.
They have the power to alter or annul inappropriate decisions of their own standing
committees.
The people's congresses of nationality townships may, within the limits of
their authority as prescribed by law, take specific measures suited to the characteristics
of the nationalities concerned.
Article 100 The people's congresses of provinces and municipalities directly
under the Central Government and their standing committees may adopt local regulations,
which must not contravene the Constitution and the law and administrative rules
and regulations, and they shall report such local regulations to the Standing
Committee of the National People's Congress for the record.
Article 101 Local people's congresses at their respective levels elect and
have the power to recall governors and deputy governors, or mayors and deputy
mayors, or heads and deputy heads of counties, districts, townships and towns.
Local people's congresses at and above the county level elect, and have the
power to recall, presidents of people's courts and chief procurators of people's
procuratorates at the corresponding level. The election or recall of chief procurators
of people's procuratorates shall be reported to the chief procurators of the people's
procuratorates at the next higher level for submission to the standing committees
of the people's congresses at the corresponding level for approval.
Article 102 Deputies to the people's congresses of provinces, municipalities
directly under the Central Government and cities divided into districts are subject
to supervision by the units which elected them; deputies to the people's congresses
of counties, cities not divided into districts, municipal districts, townships,
nationality townships, and towns are subject to supervision by their constituencies.
The electoral units and constituencies which elect deputies to local people's
congresses at various levels have the power to recall the deputies according to
procedures prescribed by law.
Article 103 The standing committee of a local people's congress at and above
the county level is composed of a chairman, vice-chairmen and members, and is
responsible and reports on its work to the people's congress at the corresponding
level.
A local people's congress at or above the county level elects, and has the
power to recall, members of its standing committee.
No one on 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 104 The standing committee of a local people's congress at or above
the county level discusses and decides on major issues in all fields of work in
its administrative area; supervises the work of the people's government, people's
court and people's procuratorate at the corresponding level; annuls inappropriate
decisions and orders of the people's government at the corresponding level; annuls
inappropriate resolutions of the people's congress at the next lower level; decides
on the appointment or removal of functionaries of state organs within the limits
of its authority as prescribed by law; and, when the people's congress at the
corresponding level is not in session, recalls individual deputies to the people's
congress at the next higher level and elects individual deputies to fill vacancies
in that people's congress.
Article 105 Local people's governments at various levels are the executive
bodies of local organs of state power as well as the local organs of state administration
at the corresponding levels.
Governors, mayors and heads of counties, districts, townships and towns assume
overall responsibility for local people's governments at various levels.
Article 106 The term of office of local people's governments at various levels
is the same as that of the people's congresses at the corresponding levels.
Article 107 Local people's governments at and above the county level, within
the limits of their authority as prescribed by law, conduct administrative work
concerning the economy, education, science, culture, public health, physical culture,
urban and rural development, finance, civil affairs, public security, nationalities
affairs, judicial administration, supervision and family planning in their respective
administrative areas; issue decisions and orders; appoint or remove administrative
functionaries, train them, appraise their performance and reward or punish them.
People's governments of townships, nationality townships, and towns execute
the resolutions of the people's congresses at the corresponding levels as well
as the decisions and orders of the state administrative organs at the next higher
level and conduct administrative work in their respective administrative areas.
People's governments of provinces and municipalities directly under the Central
Government decide on the establishment and geographic division of townships, nationality
townships, and towns.
Article 108 Local people's governments at and above the county level direct
the work of their subordinate departments and of people's governments at lower
levels, and have the power to alter or annul inappropriate decisions of their
subordinate departments and of the people's governments at lower levels.
Article 109 Auditing bodies are established by local people's governments
at and above the county level. Local auditing bodies at various levels independently
exercise their power of supervision through auditing in accordance with the law
and are responsible to the people's government at the corresponding level and
to the auditing body at the next higher level.
Article 110 Local people's governments at various levels are responsible and
report on their work to people's congresses at the corresponding levels. Local
people's governments at and above the county level are responsible and report
on their work to the standing committees of the people's congresses at the corresponding
levels when the congresses are not in session.
Local people's governments at various levels are responsible and report on
their work to the state administrative organs at the next higher level. Local
people's governments at various levels throughout the country are state administrative
organs under the unified leadership of the State Council and are subordinate to
it.
Article 111 The residents committees and villagers committees established
among urban and rural residents on the basis of their place of residence are mass
organizations of self-management at the grass-roots level. The chairman, vice-chairmen
and members of each residents or villagers committee are elected by the residents.
The relationship between the residents and villagers committees and the grass-roots
organs of state power is prescribed by law.
The residents and villagers committees establish sub-committees for people's
mediation, public security, public health and other matters in order to manage
public affairs and social services in their areas, mediate civil disputes, help
maintain public order and convey residents opinions and demands and make suggestions
to the people's government.
Section 6 The Organs of Self-government of National Autonomous Areas
Article 112 The organs of self-government of national autonomous areas are
the people's congresses and people's governments of autonomous regions, autonomous
prefectures and autonomous counties.
Article 113 In the people's congress of an autonomous region, autonomous prefecture
or autonomous county, in addition to the deputies of the nationality exercising
regional autonomy in the administrative area, the other nationalities inhabiting
the area are also entitled to appropriate representation.
Among the chairman and vice-chairmen of the standing committee of the people's
congress of an autonomous region, autonomous prefecture or autonomous county there
shall be one or more citizens of the nationality or nationalities exercising regional
autonomy in the area concerned.
Article 114 The chairman of an autonomous region, the prefect of an autonomous
prefecture or the head of an autonomous county shall be a citizen of the nationality
exercising regional autonomy in the area concerned.
Article 115 The organs of self-government of autonomous regions, autonomous
prefectures and autonomous counties exercise the functions and powers of local
organs of state as specified in 5 of CHAPTER III of the Constitution. At the same
time, they exercise the power of autonomy within the limits of their authority
as prescribed by the Constitution, the Law of the People's Republic of China on
Regional National Autonomy and other laws and implement the laws and policies
of the state in the light of the existing local situation.
Article 116 The people's congresses of national autonomous areas have the
power to enact regulations on the exercise of autonomy and other separate regulations
in the light of the political, economic and cultural characteristics of the nationality
or nationalities in the areas concerned. The regulations on the exercise of autonomy
and other separate regulations of autonomous regions shall be submitted to the
Standing Committee of the National People's Congress for approval before they
go into effect. Those of autonomous prefectures and counties shall be submitted
to the standing committees of the people's congresses of provinces or autonomous
regions for approval before they go into effect, and they shall be reported to
the Standing Committee of the National People's Congress for the record.
Article 117 The organs of self-government of the national autonomous areas
have the power of autonomy in administering the finances of their areas. All revenues
accruing to the national autonomous areas under the financial system of the state
shall be managed and used by the organs of self-government of those areas on their
own.
Article 118 The organs of self-government of the national autonomous areas
independently arrange for and administer local economic development under the
guidance of state plans.
In exploiting natural resources and building enterprises in the national autonomous
areas, the state shall give due consideration to the interests of those areas.
Article 119 The organs of self-government of the national autonomous areas
independently administer educational, scientific, cultural public health and physical
culture affairs in their respective areas, protect and sift through the cultural
heritage of the nationalities and work for a vigorous development of their cultures.
Article 120 The organs of self-government of the national autonomous areas
may, in accordance with the military system of the state and practical local needs
and with the approval of the State Council, organize local public security forces
for the maintenance of public order.
Article 121 In performing their functions, the organs of self-government of
the national autonomous areas, in accordance with the regulations on the exercise
of autonomy in those areas, employ the spoken and written language or languages
in common use in the locality.
Article 122 The state provides financial, material and 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 and specialized personnel and skilled workers of various professions
and trades from among the nationality or nationalities in those areas.
Section 7 The People's Courts and The People's Procuratorates
Article 123 The people's courts of the People's Republic of China are the
judicial organs of the state.
Article 124 The People's Republic of China establishes the Supreme People's
Court and the people's courts at various local levels, military courts and other
special people's courts.
The term of office of the President of the Supreme People's Court is the same
as that of the National People's Congress. The President shall serve no more than
two consecutive terms.
The organization of the people's courts is prescribed by law.
Article 125 Except in special circumstances as specified by law, all cases
in the people's courts are heard in public. The accused has the right to defence.
Article 126 The people's courts exercise judicial power independently, in
accordance with the provisions of the law, and are not subject to interference
by any administrative organ, public organization or individual.
Article 127 The Supreme People's Court is the highest judicial organ.
The Supreme People's Court supervises the administration of justice by the
people's courts at various local levels and by the special people's courts. People's
courts at higher levels supervise the administration of justice by those at lower
levels.
Article 128 The Supreme People's Court is responsible to the National People's
Congress and its Standing Committee. Local people's courts at various levels are
responsible to the organs of state power which created them.
Article 129 The people's procuratorates of the People's Republic of China
are state organs for legal supervision.
Article 130 The People's Republic of China establishes the Supreme People's
Procuratorate and the people's procuratorates at various local levels, military
procuratorates and other special people's procuratorates.
The term of office of the Procurator-General of the Supreme People's Procuratorate
is the same as that of the National People's Congress; the Procurator-General
shall serve no more than two consecutive terms.
The organization of the people's procuratorates is prescribed by law.
Article 131 The people's procuratorates exercise procuratorial power independently,
in accordance with the provisions of the law, and are not subject to interference
by any administrative organ, public organization or individual.
Article 132 The Supreme People's Procuratorate is the highest procuratorial
organ.
The Supreme People's Procuratorate directs the work of the people's procuratorates
at various local levels and of the special people's procuratorates. People's procuratorates
at higher levels direct the work of those at lower levels.
Article 133 The Supreme People's Procuratorate is responsible to the National
People's Congress and its Standing Committee. People's procuratorates at various
local levels are responsible to the organs of state power which created them and
to the people's procuratorates at higher levels.
Article 134 Citizens of all China's nationalities have the right to use their
native spoken and written languages in court proceedings. The people's courts
and people's procuratorates should provide translation for any party to the court
proceedings who is not familiar with the spoken or written languages commonly
used in the locality.
In an area where people of a minority nationality live in a concentrated community
or where a number of nationalities live together, court hearings should be conducted
in the language or languages commonly used in the locality; indictments, judgments,
notices and other documents should be written, according to actual needs, in the
language or languages commonly used in the locality.
Article 135 The people's courts, the people's procuratorates and the public
security organs shall, in handling criminal cases, divide their functions, each
taking responsibility for its own work, and they shall coordinate their efforts
and check each other to ensure the correct and effective enforcement of the law.
Chapter IV The National Flag, the National Anthem, the National Emblem and
the Capital
Article 136 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 "March of the
Volunteers".
Article 137 The national emblem of the People's Republic of China consists
of an image of Tian'anmen in its centre illuminated by five stars and encircled
by ears of grain and a cogwheel.
Article 138 The capital of the People's Republic of China is Beijing.
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