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Constitution of China

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(Redirected fromConstitution of the People's Republic of China)
Supreme law of the People's Republic of China
For other uses, seeConstitution of China (disambiguation).

Constitution of the
People's Republic of China
Cover of the current constitution
Overview
Original title中华人民共和国宪法
JurisdictionChina
RatifiedSeptember 20, 1954
Date effectiveSeptember 20, 1954
SystemUnitaryMarxist-Leninistone-partysocialistrepublic
Government structure
BranchesSix (Legislative,Executive,Military,Supervisory,Judicial,Procuratorial)
Head of statePresident[a]
ChambersUnicameral (National People's Congress)[b]
ExecutiveState Council headed by thePremier of the State Council
JudiciarySupreme People's Court
Supreme People's Procuratorate
FederalismNo - Decentralization within a Unitary State (special administrative regions)
Electoral collegeYes – the National People's Congress, which elects all other state authorities, is itself elected by two layers ofIndirect election: County and Township People's Congresses elect the members of Provincial People's Congresses, who in turn elect the members of the National People's Congress.
History
First legislatureSeptember 21, 1949 (Chinese People's Political Consultative Conference)
September 27, 1954 (National People's Congress)
First executiveSeptember 27, 1954 (1st National People's Congress)
October 1, 1949 (Central People's Government)
First courtOctober 22, 1949
Amendments5
Last amended11 March 2018
LocationBeijing
Commissioned byConstitution Drafting Committee
SupersedesCommon Program
Full text
Constitution of the People's Republic of China atWikisource
Footnote
  1. ^China does not have a head of state constitutionally, but a "state representative". While thePresident of China has many of the characteristics of the head of state, the Chinese constitution does not define it as such.
  2. ^Thede facto legislature is theStanding Committee of the National People's Congress
Constitution of China
Simplified Chinese中华人民共和国宪法
Traditional Chinese中華人民共和國憲法
Transcriptions
Standard Mandarin
Hanyu PinyinZhōnghuá Rénmín Gònghéguó Xiànfǎ
History
Military organ










flagChina portal

TheConstitution of the People's Republic of China is thesupreme law of thePeople's Republic of China (PRC). In September 1949, thefirst plenary session of the Chinese People's Political Consultative Conference adopted theCommon Program, which acted as the temporary constitution after the PRC's foundation. On September 20, 1954, thefirst constitution was adopted by the first session of the1st National People's Congress. The constitution went through two major revisions in1975 and1978. The current constitution was adopted by the5th National People's Congress on December 4, 1982, withfive subsequent revisions.

The current constitution consists of 4 chapters and 143 articles. It explains the nature of the People's Republic of China, highlights the concept of democratic centralism, and states that the People's Republic of China is a "socialist state governed by apeople's democratic dictatorship that is led by the working class and based on an alliance of workers and peasants". It stipulates the central and local state institutions work under thesystem of people's congress, and states that China implements basic political systems such as thesystem of community-level self-governance and theregional ethnic autonomy system. The constitution also lists its basic national policies and establishes the leadership of theChinese Communist Party (CCP).

History

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Main article:Constitutional history of the People's Republic of China

The first Constitution of the People's Republic of China was declared in 1954. The current Constitution was declared in 1982,[1]: 82  after two intervening versions enacted in 1975 and 1978. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended five times.[2]

The 1982 Constitution expunges almost all of the rhetoric associated with theCultural Revolution originally inserted in 1975. In fact, the Constitution omits all references to the Cultural Revolution and restatesCCP ChairmanMao Zedong's contributions in accordance with a major historical reassessment produced in June 1981 at the Sixth Plenum of the Eleventh Central Committee, theResolution on Certain Questions in the History of Our Party since the Founding of the People's Republic of China.[3]

Structure

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  1. Preamble
  2. General Principles (Chapter 1)
  3. The Fundamental Rights and Duties of Citizens (Chapter 2)
  4. The Structure of the State (Chapter 3) — which includes such state organs as theNational People's Congress, thePresident, theState Council, theCentral Military Commission, the Local People's Congresses at All Levels and Local People's Governments at All Levels, the Autonomous Organs of Ethnic Autonomous Areas, theCommissions of Supervision, and the People's Courts and People's Procuratorates.
  5. TheNational Flag, theNational Anthem, theNational Emblem and theCapital (Chapter 4).[4]

1982 Constitution

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There had been five major revisions by the National People's Congress (NPC) to the 1982 Constitution. The 1982 State Constitution provided a legal basis for the broad changes in China's social and economic institutions and significantly revised government structure. The posts of President andVice President (which were abolished in the 1975 and 1978 constitutions) are re-established in the 1982 Constitution.[citation needed]

Prior to 1982 there were no term limits on key leadership posts. Deng imposed a two-term limit (10 years total) on all but the chair of theCentral Military Commission.[5]

Much of the PRC Constitution is modeled after the1936 Constitution of the Soviet Union, but there are some significant differences. For example, while the Soviet constitution contains an explicit right ofsecession, the Chinese constitution explicitly forbids secession. While the Soviet constitution formally creates afederal system, the Chinese constitution formally creates aunitary multi-national state.[citation needed]

The preamble describes China as "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."[1]: 82  The preamble dates this revolutionary history as beginning in 1840.[1]: 82 

Article 1 of the Constitution describes China as "asocialist state under thepeople's democratic dictatorship"[6] meaning that the system is based on an alliance of the working classes—in communist terminology, the workers and peasants—and is led by theChinese Communist Party (CCP), the vanguard of the working class. Elsewhere, the Constitution provides for a renewed and vital role for the groups that make up that basic alliance—theChinese People's Political Consultative Conference, minor political parties, andpeople's organizations.

Article 3 describes the relationship between the central government and local governments: "The division of responsibility and power between the central and local government is governed under the unified leadership of the central government, while fully encouraging the principle of local government initiative and proactivity."[7]: 7–8 

Article 35 of the 1982 Constitution proclaims that "citizens of the People's Republic of China enjoyfreedom of speech, of thepress, ofassembly, of association, of procession, and of demonstration."[6] In the 1978 constitution, these rights were guaranteed, but so were the right to strike and the "four big rights", often called the "four bigs": to speak out freely, air views fully, hold great debates, and writebig-character posters. In February 1980, following theDemocracy Wall period, the four bigs were abolished in response to a party decision ratified by the National People's Congress. The right to strike was also dropped from the 1982 Constitution. The widespread expression of the four big rights during the student protests of late 1986 elicited the regime's strong censure because of their illegality. The official response cited Article 53 of the 1982 Constitution, which states that citizens must abide by the law and observe labor discipline and public order. Besides being illegal, practicing the four big rights offered the possibility of straying into criticism of the CCP, which was in fact what appeared in student wall posters. In a new era that strove for political stability and economic development, party leaders considered the four big rights politically destabilizing. Chinese citizens are prohibited from forming new political parties.[8]

Among the political rights granted by the constitution, all Chinese citizens have rights to elect and be elected.[9] According to the later promulgated election law, rural residents had only 1/4 vote power of townsmen (formerly 1/8). As Chinese citizens are categorized into rural resident and town resident, and the constitution has no stipulation of freedom of transference, those rural residents are restricted by theHukou (registered permanent residence) and have fewer political, economic, and educational rights. This problem has largely been addressed with various and ongoing reforms of Hukou in 2007.[citation needed] The aforementioned ratio of vote power has been readjusted to 1:1 by an amendment to the election law passed in March 2010.[10]

The 1982 constitution included the birth planning policy known as theone-child policy.[11]: 63 

Revisions and amendments

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7th National People's Congress (1988)

[edit]
See also:1988 amendment to the Constitution of China

The National People's Congress amended Articles 10 and 11 of the Constitution to allow the emergence of a private sector and the transfer of the land use to private industry.[12]

8th National People's Congress (1993)

[edit]
See also:1993 amendment to the Constitution of China

9th National People's Congress (1999)

[edit]
See also:1999 amendment to the Constitution of China

10th National People's Congress (2004)

[edit]
See also:2004 amendment to the Constitution of China

The Constitution was amended on 14 March 2004 to include guarantees regardingprivate property ("legally obtained private property of the citizens shall not be violated") andhuman rights ("the State respects and protects human rights"). The government argued that this represented progress forChinese democracy and was a sign from the CCP that they recognized the need to adapt to the booming Chinese economy, which had created a growingmiddle class who wanted private property protections.[13]

13th National People's Congress (2018)

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See also:2018 amendment to the Constitution of China

The Constitution was amended on 11 March 2018, with 2,958 votes in favor, two against, and three abstentions.[14] It includes an assortment of revisions that further cement the CCP's control and supremacy, including setting up the National Supervisory Commission,[15] establishing a new anti-graft agency, extending the powers of the CCP's graft watchdog, adding Hu Jintao'sScientific Outlook on Development andXi Jinping Thought to the Preamble of the Constitution,[16] and removingterm limits for both the President and Vice President, enablingXi Jinping to remain president indefinitely. Xi is also theGeneral Secretary of the Chinese Communist Party, thede factotop position in CCP ruling China without term limit.[17][18]

The amendments also add the phrases "Communist Party of China" and its "leadership" into the main body of the Constitution. Prior to the amendment, the CCP and its leadership were only mentioned in the preamble. Constitutional preambles are often not legally binding and as the legal applicability of the Chinese constitution is debated,[19] the amendment may be seen as providing a constitutional basis for China's status as aone-party state and formally rendering any competitivemulti-party system unconstitutional.[17] Xi "now has the distinction of being the first Chinese leader ever to have his theories enshrined in the constitution during his own lifetime."[5] The leadership of the CCP is now constitutionally enshrined as the "defining feature of socialism with Chinese characteristics", and therefore it establishes one-party rule as an end-in-itself.[5] Xi says:[5]

Party, government, military, civilian, and academic, north, south, east, west, and center, the Party leads everything.

Constitutional enforcement

[edit]

Though technically the "supreme legal authority" and "fundamental law of the state", the rulingChinese Communist Party (CCP) has a documented history of violating many of the constitution's provisions and censoring calls for greater adherence to it.[20][21]

The constitution stipulates that the National People's Congress (NPC) and itsStanding Committee have the power to review whether laws or activities violate the constitution.[22][non-primary source needed] Unlike many Western legal systems, courts do not have the power ofjudicial review and cannot invalidate a statute on the grounds that it violates the constitution.[23]

Since 2002, a special committee within the NPC called theConstitution and Law Committee has been responsible for constitutional review and enforcement.[22][non-primary source needed] The committee has never explicitly ruled that a law or regulation is unconstitutional. However, in one case, after media outcry over thedeath of Sun Zhigang the State Council was forced to rescind regulations allowing police to detain persons without residency permits after the Standing Committee of the National People's Congress (NPCSC) made it clear that it would rule such regulations unconstitutional.[24]

Criticisms

[edit]

TheOpen Constitution Initiative was an organization consisting of lawyers and academics in the People's Republic of China that advocated therule of law and greater constitutional protections. It was shut down by the government on July 14, 2009.[25]

In early 2013, a movement developed among reformers in China based on enforcing the provisions of the constitution.[26][27]

In 2019, Ling Li of theUniversity of Vienna and Wenzhang Zhou ofZhejiang University wrote that "the constitution appeals to [the CCP] because it doesnot provide solutions to fundamental issues of governance. Instead, such issues are kept out of the constitution so that they can be addressed by the Party through other regulatory mechanisms outside of the constitutional realm."[28]

See also

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References

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Citations

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  1. ^abcLaikwan, Pang (2024).One and All: The Logic of Chinese Sovereignty. Stanford, CA:Stanford University Press.doi:10.1515/9781503638822.ISBN 9781503638815.
  2. ^Diamant, Neil J. (2022).Useful Bullshit: Constitutions in Chinese Politics and Society. Cornell University Press.ISBN 978-1-5017-6129-4.Archived from the original on July 27, 2024. RetrievedFebruary 2, 2022.
  3. ^"Resolution on certain questions..."marxists.org.Archived from the original on August 3, 2018. RetrievedDecember 22, 2018.
  4. ^"Constitution of the People's Republic of China (2018 Amendment)".en.pkulaw.cn. Archived fromthe original on December 29, 2019. RetrievedMarch 28, 2019.
  5. ^abcdSuzuki, Ken (November 27, 2018)."China's New "Xi Jinping Constitution": The Road to Totalitarianism". Nippon Communications Foundation.Archived from the original on July 28, 2020. RetrievedJune 2, 2020.
  6. ^ab"CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA".People's Daily. December 4, 1982.Archived from the original on August 12, 2010. RetrievedJune 25, 2010.
  7. ^Lan, Xiaohuan (2024).How China Works: An Introduction to China's State-led Economic Development. Translated by Topp, Gary.Palgrave MacMillan.ISBN 978-981-97-0079-0.
  8. ^Worden, Robert L.; Savada, Andrea Matles; Dolan, Ronald E., eds. (1987)."The Government".China: A Country Study. Washington DC: Government Printing Office.Archived from the original on May 14, 2011. RetrievedMarch 22, 2014.
  9. ^"China 1982 (rev. 2004)".Constitute.Archived from the original on July 17, 2015. RetrievedApril 22, 2015.
  10. ^"城乡居民选举首次实现同票同权(Chinese)". Archived fromthe original on July 17, 2015. RetrievedJuly 17, 2015.
  11. ^Klára, Dubravčíková (2023). "Living Standards and Social Issues". In Kironska, Kristina; Turscanyi, Richard Q. (eds.).Contemporary China: a New Superpower?.Routledge.doi:10.4324/9781003350064.ISBN 978-1-03-239508-1.
  12. ^"中国共产党中央委员会关于修改中华人民共和国宪法个别条款的建议". 中国人大网. February 28, 1988.Archived from the original on March 9, 2018. RetrievedMarch 10, 2018.
  13. ^Zhong, Huang; Qian, Cheng (2014). "The Disappearance of Hong Kong in Comics, Advertising and Graphic Design". In Plantilla, Jefferson R. (ed.).Bridging Human Rights Principles and Business Realities in Northeast Asia(PDF). Malaysia: Vinlin Press. pp. 21–53.
  14. ^Nectar Gan (March 12, 2018)."Xi Jinping cleared to stay on as China's president with just 2 dissenters among 2,964 votes".South China Morning Post.Archived from the original on October 25, 2018. RetrievedOctober 25, 2018.
  15. ^Gao, Charlotte (December 28, 2017)."China Plans to Amend Its Constitution".The Diplomat.Archived from the original on July 28, 2020. RetrievedJune 2, 2020.
  16. ^Huang, Joyce (September 19, 2017)."China's Constitution to Include Xi Jinping Thought".Voice of America. Archived fromthe original on June 19, 2020. RetrievedJune 2, 2020.
  17. ^ab"Translation: 2018 Amendment to the P.R.C. Constitution".npcobserver.com. March 11, 2018.Archived from the original on December 22, 2018. RetrievedDecember 22, 2018.
  18. ^Buckley, Chris; Myers, Steven Lee (March 11, 2018)."China's Legislature Blesses Xi's Indefinite Rule. It Was 2,958 to 2".The New York Times.ISSN 0362-4331.Archived from the original on October 26, 2019. RetrievedJuly 27, 2024.
  19. ^Zhang, Qianfan (October 1, 2010)."A constitution without constitutionalism? The paths of constitutional development in China".International Journal of Constitutional Law.8 (4):950–976.doi:10.1093/icon/mor003.
  20. ^Estes, Adam Clark (February 3, 2013)."China's Still Having a Hard Time Obeying Its Own Constitution".The Atlantic.Archived from the original on May 8, 2022. RetrievedNovember 14, 2019.
  21. ^Allen-Ebrahimian, Bethany (December 5, 2014)."On First Annual Constitution Day, China's Most Censored Word Was 'Constitution'".Foreign Policy.Archived from the original on September 17, 2018. RetrievedNovember 14, 2019.
  22. ^ab"坚决贯彻宪法精神 加强宪法实施监督_中国人大网".www.npc.gov.cn. Archived fromthe original on April 2, 2018. RetrievedApril 2, 2018.
  23. ^Zhu, Guobin (2010). "Constitutional Review in China: An Unaccomplished Project or a Mirage?".Suffolk University Law Review.43:625–653.SSRN 1664949.
  24. ^Keith J., Hand (2006). "Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People's Republic of China".Columbia Journal of Transnational Law.45.doi:10.4324/9781315240664-16 (inactive November 1, 2024).SSRN 1972011.{{cite journal}}: CS1 maint: DOI inactive as of November 2024 (link)
  25. ^"Open Constitution closed".The Economist. July 23, 2009.ISSN 0013-0613.Archived from the original on August 8, 2019. RetrievedJuly 26, 2024.
  26. ^Wong, Edward; Ansfield, Jonathan (February 3, 2013)."Reformers Aim to Get China to Live Up to Own Constitution".The New York Times.ISSN 0362-4331.Archived from the original on June 19, 2018. RetrievedJuly 26, 2024.
  27. ^Langfitt, Frank (September 18, 2013)."China's Debate: Must The Party Follow The Constitution?".NPR.Archived from the original on December 3, 2018. RetrievedNovember 14, 2019.
  28. ^Li, Ling; Zhou, Wenzhang (November 21, 2019). "Governing the "Constitutional Vacuum" – Federalism, Rule of Law, and Politburo Politics in China".China Law and Society Review.4 (1):1–40.doi:10.1163/25427466-00401001.S2CID 213533678.

Sources

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External links

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