Subject: PRC Constitution (part 1 of 3)

From: [email-masked]
Date: Wed, 12 Jan 1994 11:00:18 UTC

CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA

Adopted on December 4, 1982

PREAMBLE China is one of the countries with the longest histories
in  the  world.  The  people  of  all nationalities in China have
jointly created a splendid culture and have  a  glorious  revolu-
tionary  tradition. Feudal China was gradually reduced after 1840
to a semi-colonial and semi- feudal country. The  Chinese  people
waged  wave  upon  wave of heroic struggles for national indepen-
dence and liberation and for democracy  and  freedom.  Great  and
earth-shaking 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 Chinese people had yet to fulfil their  historical
task  of  overthrowing  imperialism  and  feudalism. After waging
hard, protracted and tortuous struggles, armed and otherwise, 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 capi-
talism, won the great victory of  the  new-democratic  revolution
and founded the People's Republic of China. Thereupon the Chinese
people took state power into their own hands and  became  masters
of  the country. After the founding of the People's Republic, the
transition of Chinese society from a new-democratic to a  social-
ist  society was effected step by step. The socialist transforma-
tion of the private ownership of the means of production was com-
pleted,  the  system of exploitation of man by man eliminated and
the socialist system established. The people's democratic  dicta-
torship  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 thwarted ag-
gression,  sabotage  and  armed  provocations by imperialists and
hegemonists,safeguarded China's national independence and securi-
ty  and  strengthened  its national defence. Major successes have
been achieved in economic development. An independent and  fairly
comprehensive  socialist  system of industry has in the main been
established. There has been a  marked  increase  in  agricultural
production.  Significant  progress  has been made in educational,
scientific, cultural and other undertakings, and socialist  ideo-
logical  education  has  yielded  noteworthy  results. The living
standards of the people have improved considerably. Both the vic-
tory  of  China's  new-democratic revolution and the successes of
its socialist cause have been achieved by the Chinese  people  of
all  nationalities under the leadership of the Communist Party of
China  and  the  guidance  of  Marxism-Leninism  and  Mao  Zedong
Thought, and by upholding truth, correcting errors and overcoming
numerous difficulties and hardships.  The basic task of  the  na-
tion in the years to come is to concentrate its effort on social-
ist modernization. Under the leadership of the Communist Party of
China  and  the  guidance  of  Marxism-Leninism  and  Mao  Zedong
Thought, the Chinese people of all nationalities will continue to
adhere to the people's democratic dictatorship and follow the so-
cialist road, steadily improve  socialist  institutions,  develop
socialist  democracy, improve the socialist legal system and work
hard and self-reliantly to modernize industry,  agriculture,  na-
tional  defence  and  science and technology step by step to turn
China into a socialist country with a high level of  culture  and
democracy. The exploiting classes as such have been eliminated in
our country. However,  class  struggle  will  continue  to  exist
within certain limits 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 lofty duty of the entire
Chinese people, including our compatriots in  Taiwan,  to  accom-
plish  the  great  task of reunifying the motherland. In building
socialism it is imperative to rely on the workers,  peasants  and
intellectuals  and  unite with all the forces that can be united.
In the long years of revolution and construction, there has  been
formed  under  the  leadership  of the Communist Party of China a
broad patriotic united front that is composed of democratic  par-
ties  and people's organizations and embraces all socialist work-
ing people, 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 is a broadly represen-
tative organization of the united front, which has played a  sig-
nificant historical role and will continue to do so in the polit-
ical and social life of the country, in promoting friendship with
the  people  of other countries and in the struggle for socialist
modernization and for the reunification and unity of the country.
The  People's Republic of China is a unitary multi-national state
built up jointly by the people of all its nationalities.  Social-
ist  relations of equality, unity and mutual assistance have been
established among them 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 also necessary to combat local-national chauvinism. The state
does its utmost to promote the common prosperity of all national-
ities in the country. China's achievements in revolution and con-
struction are inseparable from  support  by  the  people  of  the
world.  The  future  of  China is closely linked with that of the
whole world. China adheres to an independent  foreign  policy  as
well  as 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 mutu-
al benefit, and peaceful coexistence in developing diplomatic re-
lations and economic and cultural exchanges with other countries;
China consistently opposes imperialism, hegemonism and  colonial-
ism,  works  to  strengthen  unity with the people of other coun-
tries, supports the oppressed nations and  the  developing  coun-
tries  in  their  just  struggle to win and preserve national in-
dependence and develop their national economies, and  strives  to
safeguard  world  peace  and promote the cause of human progress.
This Constitution affirms the achievements of  the  struggles  of
the  Chinese  people  of  all nationalities and defines the basic
system and basic tasks of the state in legal form; it is the fun-
damental  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 enter-
prises and undertakings in the country must take the Constitution
as  the  basic  norm of conduct, and they have the duty to uphold
the dignity of the Constitution and ensure its implementation.

CHAPTER I. GENERAL PRINCIPLES

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  so-
cialist  system  is  the basic system of the People's Republic of
China. Sabotage 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  organs through which the people exercise state
power are the National People's Congress and the  local  people's
congresses  at  different levels. The people administer state af-
fairs 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 ap-
ply the principle of democratic centralism. The National People's
Congress and the local people's congresses  at  different  levels
are  instituted through democratic election. They are responsible
to the people and subject to their supervision.  All  administra-
tive,  judicial and procuratorial organs of the state are created
by the people's congresses to  which  they  are  responsible  and
under  whose  supervision they operate. The division of functions
and powers between the central and local state organs  is  guided
by  the  principle  of  giving  full  play  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 the relation-
ship  of  equality,  unity  and  mutual  assistance  among all of
China's nationalities. Discrimination against and  oppression  of
any nationality are prohibited; any acts that undermine the unity
of the nationalities or instigate their secession are prohibited.
The  state  helps  the  areas inhabited by minority nationalities
speed up their economic and cultural  development  in  accordance
with  the  peculiarities  and needs of the different minority na-
tionalities. Regional autonomy is practised in areas where people
of  minority  nationalities live in compact communities; in these
areas organs of self- government are established for the exercise
of  the  right of autonomy. All the national autonomous areas are
inalienable parts of the People's Republic of China.  The  people
of  all  nationalities  have the freedom to use and develop their
own spoken and written languages, and to preserve or reform their
own ways and customs.

Article 5. The state upholds the uniformity and  dignity  of  the
socialist  legal  system. No law or administrative or local rules
and regulations shall contravene the constitution. All state  or-
gans,  the armed forces, all political parties and public organi-
zations and all enterprises and undertakings must  abide  by  the
Constitution  and the law. All acts in violation of the Constitu-
tion and the law must be investigated. No organization or indivi-
dual  may enjoy the privilege of being above the Constitution and
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 social-
ist 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 economy is the sector of  socialist  economy
under  ownership  by the whole people; it is the leading force in
the national economy. The state  ensures  the  consolidation  and
growth of the state economy.

Article 8. Rural people's communes, agricultural  producers'  co-
operatives,  and other forms of co-operative economy such as pro-
ducers'  supply  and  marketing,  credit   and   consumers'   co-
operatives,  belong to the sector of socialist economy under col-
lective 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 private plots of  cropland  and
hilly  land,  engage  in  household sideline production and raise
privately owned livestock.  The  various  forms  of  co-operative
economy in the cities and towns, such as those in the handicraft,
industrial, building, transport, commerical 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. Mineral resources, waters, forests, mountains,  grass-
land,  unreclaimed  land, beaches and other natural resources are
owned by the state, that is, by the whole people, with the excep-
tion  of  the forests, mountains, grassland, unreclaimed land and
beaches that are owned by collectives in accordance with the law.
The  state ensures the rational use of natural resources and pro-
tects rare animals and plants. The appropriation or damage of na-
tural  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 private plots of cropland and hilly land are also
owned by collectives.  The state may in the public interest  take
over land for its use in accordance with the law. No organization
or individual may appropriate, buy, sell or lease land, or unlaw-
fully  transfer land in other ways. All organizations and indivi-
duals who use land must make rational use of the land.

Article 11. The individual economy of  urban  and  rural  working
people,  operated  within the limits prescribed by law, is a com-
plement to the socialist public economy. The state  protects  the
lawful  rights and interests of the individual economy. The state
guides, helps and supervises the individual economy by exercising
administrative control.

Article 12. Socialist public property is sacred  and  inviolable.
The  state  protects  socialist public property. Appropriation or
damage of state or collective property by any organization or in-
dividual by whatever means is prohibited.

Article 13. The state protects the right of citizens to own  law-
fully  earned  income, savings, houses and other lawful property.
The state protects by  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 organiza-
tion  of  work.  The  state  practises strict economy and combats
waste. The state properly apportions  accumulation  and  consump-
tion,  pays  attention to 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.

Article 15. The state practises economic planning on the basis of
socialist  public ownership. It ensures the proportionate and co-
ordinated growth of the national economy through overall  balanc-
ing by economic planning and the supplementary role of regulation
by the market. Disturbance of the orderly functioning of the  so-
cial  economy or disruption of the state economic plan by any or-
ganization or individual is prohibited.

Article 16.  State  enterprises  have  decision-making  power  in
operation  and management within the limits prescribed by law, on
condition that they submit to unified leadership by the state and
fulfil  all  their obligations under the state plan. State enter-
prises practise democratic management through congresses of work-
ers 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 accept the guidance of  the  state  plan  and
abide  by  the  relevant laws.  Collective economic organizations
practise democratic management in accordance with the  law,  with
the  entire  body  of  their  workers  electing or removing their
managerial personnel and  deciding  on  major  issues  concerning
operation and management.

Article 18. The People's Republic of China permits foreign enter-
prises,  other  foreign  economic  organizations  and  individual
foreigners to invest in China and to enter into various forms  of
economic co-operation with Chinese enterprises and other economic
organizations in accordance with the law of the People's Republic
of  China. All foreign enterprises and other foreign economic or-
ganizations in China, as well as joint ventures with Chinese  and
foreign  investment  located  in China, 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 develops socialist educational undertakings
and works to raise the scientific and cultural level of the whole
nation.  The state runs schools of various types,  makes  primary
education compulsory and universal, develops secondary, vocation-
al and higher education and promotes  pre-school  education.  The
state  develops  educational facilities of various types in order
to wipe out illiteracy and provide political, cultural, scientif-
ic,  technical  and professional education for workers, peasants,
state functionaries and other working people. It encourages  peo-
ple  to become educated through self- study. The state encourages
the collective economic organizations, state enterprises and  un-
dertakings and other social forces to set up educational institu-
tions 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 scientific and technical knowledge,
and commends and rewards achievements in scientific  research  as
well as technological discoveries and inventions.

Article 21. The state develops medical and health services,  pro-
motes  modern  medicine  and  traditional  Chinese  medicine, en-
courages and supports the  setting  up  of  various  medical  and
health facilities by the rural economic collectives, state enter-
prises and undertakings and neighbourhood organizations, and pro-
motes  sanitation  activities of a mass character, all to protect
the people's health. The state develops physical culture and pro-
motes mass sports activities to build up the people's physique.

Article 22. The state promotes the development of literature  and
art,  the  press,  broadcasting and television undertakings, pub-
lishing and distribution services, libraries,  museums,  cultural
centres  and  other  cultural undertakings, that serve the people
and socialism, and sponsors mass cultural activities.  The  state
protects  places  of scenic and historical interest,valuable cul-
tural monuments and relics and other important items  of  China's
historical and cultural heritage.

Article 23. The state trains specialized personnel in all  fields
who  serve  socialism,  increases the number of intellectuals and
creates conditions to give full scope to their role in  socialist
modernization.

Article 24. The state strengthens the building of socialist spir-
itual civilization through spreading education in high ideals and
morality, general education and education in discipline  and  the
legal  system,  and  through promoting the formulation and obser-
vance of rules of conduct and common pledges  by  different  sec-
tions of the people in urban and rural areas. The state advocates
the civic virtues of love for the motherland, for the people, for
labour,  for science and for socialism; it educates the people in
patriotism, collectivism, internationalism and communism  and  in
dialectical  and  historical materialism; it combats the decadent
ideas of capitalism and feudalism 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  living  environ-
ment  and  the  ecological environment, and prevents and controls
pollution and other public hazards. The state organizes  and  en-
courages 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 work in order constantly to improve quality of work and ef-
ficiency and combat bureaucratism. All  state  organs  and  func-
tionaries  must  rely on the support of the people, keep in close
touch with them, heed  their  opinions  and  suggestions,  accept
their supervision and work hard to serve them.

Article 28. The state maintains public order and suppresses trea-
sonable  and other counter-revolutionary activities; it penalizes
actions that endanger public security and disrupt  the  socialist
economy  and  other criminal activities, and 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 de-
fence, resist aggression, defend the  motherland,  safeguard  the
people's peaceful labour, participate in national reconstruction,
and work hard to serve the people. The state strengthens the  re-
volutionization,  modernization  and  regularization of the armed
forces in order to increase the national defence capability.

Article 30. The administrative division of the People's  Republic
of  China  is  as  follows:  (1) The country is divided into pro-
vinces, autonomous regions and municipalities directly under  the
Central  Government; (2) Provinces and autonomous regions are di-
vided 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 auto-
nomous regions, autonomous prefectures  and  autonomous  counties
are national autonomous areas.

Article 31. The state may establish  special  administrative  re-
gions when necessary. The systems to be instituted in special ad-
ministrative regions shall be prescribed by law  enacted  by  the
National  People's  Congress  in the light of the specific condi-
tions.

Article 32. The People's Republic of China  protects  the  lawful
rights  and interests of foreigners within Chinese territory, and
while on Chinese territory foreigners must abide by  the  law  of
the  People's  Republic  of China. The People's Republic of China
may grant asylum to foreigners who request it for political  rea-
sons.

-------------------------------------------------------------------------
To find out more about the anon service, send mail to [email-masked].
Due to the double-blind, any mail replies to this message will be anonymized,
and an anonymous id will be allocated automatically. You have been warned.
Please report any problems, inappropriate use etc. to [email-masked].