Subject: PRC Constitution (part 2 of 3)

From: [email-masked]
Date: Wed, 12 Jan 1994 11:00:48 UTC

CHAPTER II. THE FUNDAMENTAL 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.  Every  citizen  enjoys 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 nationality, race, sex, occupation, fami-
ly  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  be-
lieve  in,  any  religion;  nor may they discriminate against ci-
tizens 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. The freedom of person of  citizens  of  the  People's
Republic  of  China is inviolable. No citizen may be arrested ex-
cept 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 deprivation  or  restriction  of
citizens' freedom of person by detention or other means is prohi-
bited; and unlawful search of the person of citizens is prohibit-
ed.

Article 38. The personal dignity  of  citizens  of  the  People's
Republic  of  China is inviolable. Insult, libel, false charge or
frame-up directed against citizens by any means is prohibited.

Article 39. The home of citizens of the People's Republic of Chi-
na  is  inviolable.  Unlawful  search  of,  or  intrusion into, a
citizen's home is prohibited.

Article 40. The freedom and privacy of correspondence of citizens
of the People's Republic of China are protected by law. No organ-
ization or individual may, on any ground, infringe upon the free-
dom  and  privacy  of  citizens'  correspondence  except in cases
where, to meet the needs of state security  or  of  investigation
into  criminal  offences, public security or procuratorial organs
are permitted to censor correspondence in  accordance  with  pro-
cedures prescribed by law.

Article 41. Citizens of the People's Republic of China  have  the
right  to  criticize  and  make suggestions to any state organ or
functionary.  Citizens have the right to make to  relevant  state
organs complaints and charges against, or exposures of, violation
of the law or dereliction of duty by any state organ or function-
ary; but fabrication or distortion of facts with the intention of
libel or frame-up is prohibited. In case of  complaints,  charges
or  exposures  made  by  citizens, the state organ concerned must
deal with them in a responsible  manner  after  ascertaining  the
facts.  No  one  may  suppress such complaints, charges and expo-
sures, or retaliate against the citizens  making  them.  Citizens
who  have  suffered  losses  through  infringement of their civil
rights by any state organ or functionary have the right  to  com-
pensation 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. Using various channels, the
state creates conditions for employment, strengthens labour  pro-
tection, improves working conditions and, on the basis of expand-
ed production, increases remuneration for work and  social  bene-
fits. Work is the glorious duty of every able-bodied citizen. All
working people in  state  enterprises  and  in  urban  and  rural
economic  collectives should perform their tasks with an attitude
consonant with their status as masters of the country. 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 to 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 rest and re-
cuperation of working people, and prescribes  working  hours  and
vacations for workers and staff.

Article 44. The state prescribes by law the system of  retirement
for  workers  and  staff  in enterprises and undertakings and for
functionaries of organs of state. The livelihood of retired  per-
sonnel 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  the  social  in-
surance,  social  relief and medical and health services that are
required to enable 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 pre-
ferential  treatment  to  the families of military personnel. The
state and society help make arrangements for the work, livelihood
and  education  of the blind, deaf-mute and other handicapped ci-
tizens. 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  moral,  intellectual  and  physical
development of children and young people.

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 made by citizens engaged in education, science,  technolo-
gy, 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, political, economic, cul-
tural and social, and family life. The state protects the  rights
and  interests  of  women, applies the principle of equal pay for
equal work for men and women alike and trains and selects  cadres
>from among women.

Article 49. Marriage, the family, and mother and child  are  pro-
tected by the state. Both husband and wife have the duty to prac-
tise family planning. Parents have the duty to rear  and  educate
their  minor children, and children who have come of age have the
duty to support and assist their parents. Violation of the  free-
dom  of marriage is prohibited. Maltreatment of old people, women
and children is prohibited.

Article 50. The People's Republic of China protects  the  legiti-
mate  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. The exercise by citizens of the People's Republic  of
China  of their freedoms and rights may not infringe upon the in-
terests of the state, of society and 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 unity 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 pub-
lic property and 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  securi-
ty, honour and interests of the motherland.

Article 55. It is the sacred obligation 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 mili-
tia 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 Repub-
lic  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  Com-
mittee exercise the legislative power of the state.

Article 59. The National People's Congress is composed  of  depu-
ties elected by the provinces, autonomous regions and municipali-
ties directly under the Central  Government,  and  by  the  armed
forces.  All the minority nationalities are entitled to appropri-
ate 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 manner of their election are prescribed
by law.

Article 60. The National People's Congress is elected for a  term
of  five  years.  Two months before the expiration of the term of
office of a National People's Congress,  its  Standing  Committee
must  ensure  that the election of deputies to the succeeding Na-
tional People's Congress is completed.  Should  exceptional  cir-
cumstances prevent such an election, it may be postponed by deci-
sion of a majority vote of more than two-thirds of all  those  on
the   Standing  Committee  of  the  incumbent  National  People's
Congress, and the  term  of  office  of  the  incumbent  National
People's  Congress  may  be extended. The election of deputies to
the succeeding  National  People's  Congress  must  be  completed
within  one  year  after the termination of such exceptional cir-
cumstances.

Article 61. The National People's Congress meets in session  once
a  year  and  is convened by its Standing Committee. A session of
the National People's Congress may be convened at  any  time  the
Standing  Committee  deems this necessary, or when more than one-
fifth of the deputies to the National People's Congress  so  pro-
pose.  When  the  National  People's  Congress meets, it elects a
presidium to conduct its session.

Article 62. The National People's Congress exercises the  follow-
ing  functions  and powers: (1) To amend the Constitution; (2) To
supervise the enforcement of the Constitution; (3) To  enact  and
amend basic statutes concerning 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; (previ-
ously translated as Chairman and Vice-Chairman  of  the  People's
Republic  of  China--translator's  note.)  (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 to decide on the
choice of the  Vice-Premiers,  State  Councillors,  Ministers  in
charge  of  Ministries or Commissions and 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 Com-
mission and, upon his nomination, to decide on the choice of  the
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 reports on its implementation; (10) To exam-
ine and approve the state budget and the report on its  implemen-
tation;  (11)  To  alter  or annul inappropriate decisions of the
Standing Committee of the National People's Congress; (12) To ap-
prove  the  establishment  of  provinces, autonomous regions, and
municipalities directly under the Central Government; (13) To de-
cide  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  re-
call  or  remove  from  office  the  following  persons:  (1) The
President and the Vice-President of the People's Republic of Chi-
na;  (2) The Premier, Vice-Premiers, State Councillors, Ministers
in charge of Ministries or Commissions  and  the  Auditor-General
and  the Secretary-General of the State Council; (3) The Chairman
of the Central Military Commission and others on 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 majority vote of more than two-thirds
of all the deputies to the Congress. Statutes and resolutions are
adopted by a majority vote of more than one half of all the depu-
ties 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 Members. Minority nationalities are entitled to ap-
propriate representation on the Standing Committee of the Nation-
al  People's Congress. The National People's Congress elects, and
has the power to recall, all those on its Standing Committee.  No
one  on  the Standing Committee of the National People's Congress
shall hold any post 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 exercises 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  Commit-
tee 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 in-
terpret the Constitution and supervise its  enforcement;  (2)  To
enact and amend statutes with the exception of those which should
be enacted by the National People's Congress; (3)  To  enact,when
the National People's Congress is not in session, partial supple-
ments and amendments to statutes enacted by the National People's
Congress  provided  that they do not contravene the basic princi-
ples of these statutes; (4) To interpret statutes; (5) To examine
and  approve,  when the National People's Congress is not in ses-
sion, partial adjustments to the plan for national  economic  and
social  development  and 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 an-
nual  those  administrative  rules  and regulations, decisions or
orders of the State Council that contravene the  Constitution  or
the  statutes;  (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 con-
travene the Constitution,  the  statutes  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  or  the  Auditor-General and 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
others  on the commission, when the National People's Congress is
not in session; (11) To appoint and  remove  the  Vice-Presidents
and judges of the Supreme People's Court, members of its Judicial
Committee and the President of the Military Court at the  sugges-
tion  of the President of the Supreme People's Court; (12) To ap-
point and remove the Deputy Procurators-General  and  procurators
of  the  Supreme  People's Procuratorate, members of its Procura-
torial Committee and the Chief Procurator of the Military  Procu-
ratorate  at the request of the Procurator-General of the Supreme
People's Procuratorate, and to approve the appointment and  remo-
val  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 and re-
call of plenipotentiary representatives abroad; (14) To decide on
the  ratification and abrogation of treaties and important agree-
ments 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 de-
cide 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 fulfillment of international treaty obligations concerning
common defence against aggression;  (19)  To  decide  on  general
mobilization  or  partial mobilization; (20) To decide on the en-
forcement of martial law throughout the country or in  particular
provinces,  autonomous  regions  or municipalities directly under
the Central Government; 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 Nation-
al  People's Congress presides over the work of the Standing Com-
mittee and convenes  its  meetings.  The  Vice-Chairmen  and  the
Secretary-General  assist  the Chairman in his work. Chairmanship
meetings with the participation of the chairman,  vice-  chairmen
and secretary-general handle 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 re-
ports on its work to the Congress.

Article 70. The National  People's  Congress  establishes  a  Na-
tionalities  Committee,  a  Law Committee, a Finance and Economic
Committee, an Education, Science, Culture and Public Health  Com-
mittee,  a Foreign Affairs Committee, an Overseas Chinese Commit-
tee and such other special committees  as  are  necessary.  These
special  committees work under the direction of the Standing Com-
mittee 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  Com-
mittee  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 organiza-
tions and citizens concerned are obliged to supply the  necessary
information  to those committees of inquiry when they conduct in-
vestigations.

Article 72. Deputies to the National People's  Congress  and  all
those  on  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 during its
sessions,  and  all  those  on  its Standing Committee during its
meetings, have the right to address questions, in accordance with
procedures  prescribed by law, to the State Council or the minis-
tries 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 ses-
sion, without the consent of its Standing Committee.

Article 75. Deputies to the National People's Congress may not be
called  to legal account for their speeches or votes at its meet-
ings.

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 production and other work and their
public  activities, assist in the enforcement of the Constitution
and the law.  Deputies to the National People's  Congress  should
maintain  close  contact  with the units and people which elected
them, listen to and convey their opinions and  demands  and  work
hard to serve them.

Article 77. Deputies to the National People's Congress  are  sub-
ject  to  the  supervision  of  the units which elected them. The
electoral units have the power, through procedures prescribed  by
law, to recall the deputies whom they elected.

Article 78. The organization and working procedures  of  the  Na-
tional   People's   Congress   and  its  Standing  Committee  are
prescribed by law.

SECTION 2. THE PRESIDENT OF THE PEOPLE'S REPUBLIC  OF  CHINA  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  eligi-
ble  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 decisions of the National People's Congress and its
Standing Committee, promulgates statutes;  appoints  and  removes
the  Premier,  Vice-Premiers,  State  Councillors,  Ministers  in
charge of Ministries or Commissions, and the Auditor- General and
the  Secretary-General of the State Council; confers state medals
and titles of honour; issues orders of special pardons; proclaims
martial  law;  proclaims  a state of war; and issues mobilization
orders.

Article 81. The President of the People's Republic of  China  re-
ceives  foreign  diplomatic  representatives  on  behalf  of  the
People's Republic of China and, in pursuance of decisions of  the
Standing  Committee  of  the National People's Congress, appoints
and recalls plenipotentiary representatives abroad, and  ratifies
and  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 parts of  the  func-
tions 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  Na-
tional People's Congress assume office.

Article 84. In case the office of the President of  the  People's
Republic  of  China  falls vacant, the Vice-President succeeds to
the office of President. In case 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 tem-
porarily act as the President of the People's Republic of China.

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