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Constitution of the People's Republic of China


The Constitution of the People's Republic of China simplified Chinese: 中华人民共和国宪法; traditional Chinese: 中華人民共和國憲法; pinyin: Zhōnghuá Rénmín Gònghéguó Xiànfǎ is nominally the supreme law within the People's Republic of China The current version was adopted by the 5th National People's Congress on December 4, 1982, with further revisions in 1988, 1993, 1999, 2004 and 2018 Three previous state constitutions—those of 1954, 1975, and 1978—were superseded in turn The current constitution is China's twelfth constitution since 1911 See a timeline of all previous constitutions and amendments here The Constitution has five sections which are the preamble, general principles, fundamental rights and duties of citizens, structure of the state which includes such state organs as the National People's Congress, the State Council, the Local People's Congress and Local People's Governments and the People's Courts and the People's Procuratorates, the national flag and the emblems of the state

Contents

  • 1 History
  • 2 1982 document
  • 3 2004 Amendments
  • 4 2018 Amendments
  • 5 Constitutional enforcement
  • 6 As the basis for reform
  • 7 References
    • 71 Citations
    • 72 Sources
  • 8 External links
  • 9 See also

History

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 After two intervening versions enacted in 1975 and 1978, the current Constitution was declared in 1982 There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times In addition, changing Constitutional conventions have led to significant changes in the structure of Chinese government in the absence of changes in the text of the Constitution

1982 document

The 1982 document reflects Deng Xiaoping's determination to lay a lasting institutional foundation for domestic stability and modernization The new State Constitution provides a legal basis for the broad changes in China's social and economic institutions and significantly revises government structure

There have been four major revisions by the National People's Congress NPC to the 1982 Constitution

Much of the PRC Constitution is modeled after the 1936 Constitution of the Soviet Union, but there are some significant differences For example, while the Soviet constitution contains an explicit right of secession, the Chinese constitution explicitly forbids secession While the Soviet constitution formally creates a federal system, the Chinese constitution formally creates a unitary multi-national state

The 1982 State Constitution is a lengthy, hybrid document with 138 articles Large sections were adapted directly from the 1978 constitution, but many of its changes derive from the 1954 constitution Specifically, the new Constitution de-emphasizes class struggle and places top priority on development and on incorporating the contributions and interests of non-party groups that can play a central role in modernization

Article 1 of the State Constitution describes China as "a socialist state under the people's democratic dictatorship" meaning that the system is based on an alliance of the working classes—in communist terminology, the workers and peasants —and is led by the Communist Party, 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—the CPPCC, democratic parties, and mass organizations The 1982 Constitution expunges almost all of the rhetoric associated with the Cultural Revolution incorporated in the 1978 version In fact, the Constitution omits all references to the Cultural Revolution and restates Mao Zedong's contributions in accordance with a major historical reassessment produced in June 1981 at the Sixth Plenum of the Eleventh Central Committee, the "Resolution on Some Historical Issues of the Party since the Founding of the People's Republic"

There also is emphasis throughout the 1982 State Constitution on socialist law as a regulator of political behavior Unlike the 1977 Soviet Constitution, the text of the Constitution itself doesn't explicitly mention the Communist Party of China and there is an explicit statement in Article 5 that states that the Constitution and law are supreme over all organizations and individuals

Thus, the rights and obligations of citizens are set out in detail far exceeding that provided in the 1978 constitution Probably because of the excesses that filled the years of the Cultural Revolution, the 1982 Constitution gives even greater attention to clarifying citizens' "fundamental rights and duties" than the 1954 constitution did, like the right to vote and to run for election begins at the age of eighteen except for those disenfranchised by law The Constitution also guarantees the freedom of religious worship as well as the "freedom not to believe in any religion" and affirms that "religious bodies and religious affairs are not subject to any foreign domination"

Article 35 of the 1982 State Constitution proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration" 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 write big-character posters In February 1980, following the Democracy 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 Communist Party of China, 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

Among the political rights granted by the constitution, all Chinese citizens have rights to elect and be elected 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 the Hukou registered permanent residence and have less rights on politics, economy and education This problem has largely been addressed with various and ongoing reforms of Hukou in 2007 The foresaid ratio of vote power has been readjusted to 1:1 by an amendment to the election law passed in March 2010

The 1982 State Constitution is also more specific about the responsibilities and functions of offices and organs in the state structure There are clear admonitions against familiar Chinese practices that the reformers have labeled abuses, such as concentrating power in the hands of a few leaders and permitting lifelong tenure in leadership positions On the other hand, the constitution strongly oppose the western system of separation of powers by executive, legislature and judicial It stipulates the NPC as the highest organ of state authority power, under which the State Council, the Supreme People's Court, and the Supreme People's Procuratorate shall be elected and responsible for the NPC

In addition, the 1982 Constitution provides an extensive legal framework for the liberalizing economic policies of the 1980s It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity Members of the expanded rural collectives have the right "to farm private plots, engage in household sideline production, and raise privately owned livestock" The primary emphasis is given to expanding the national economy, which is to be accomplished by balancing centralized economic planning with supplementary regulation by the market

Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside help for the modernization program Whereas the 1978 constitution stressed "self-reliance" in modernization efforts, the 1982 document provides the constitutional basis for the considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy In addition, the 1982 document reflects the more flexible and less ideological orientation of foreign policy since 1978 Such phrases as "proletarian internationalism" and "social imperialism" have been dropped

2004 Amendments

The Constitution was amended on March 14, 2004 to include guarantees regarding private property "legally obtained private property of the citizens shall not be violated," and human rights "the State respects and protects human rights" This was argued by the government to be progress for Chinese democracy and a sign from Communist Party of China that they recognised the need for change, because the booming Chinese economy had created a wealthy new middle class who wanted protection of their own property

Wen Jiabao was quoted by the Washington Post as saying, "These amendments of the Chinese constitution are of great importance to the development of China" "We will make serious efforts to carry them out in practice"

2018 Amendments

The Constitution was amended on March 11, 2018, with 2,958 votes in favour, two against, and three abstentions It includes endorses an assortment of revisions to further cement the Communist Party’s control and supremacy, setting the National Supervisory Commission, a new anti-graft agency, to extend the powers of the Communist Party’s graft watchdog, adding Scientific Outlook on Development and Xi Jinping Thought to the Preamble of the Constitution, and removing term limits for President and Vice President

Constitutional enforcement

The National People's Congress Constitution and Law Committee is responsible for constitutional review and the enforcement of the Chinese constitution under National People's Congress and its Standing Committee, and the constitution stipulates that the National People's Congress and its Standing Committee have the power to review whether laws or activities violate the constitution

Furthermore, under the legal system of the People's Republic of China, courts do not have the general power of judicial review and cannot invalidate a statute on the grounds that it violates the constitution Nonetheless, since 2002, there has been a special committee of the Standing Committee of the National People's Congress which has reviewed laws and regulations for constitutionality Although this committee has not yet explicitly ruled that a law or regulation is unconstitutional, in one case, after the subsequent media outcry over the death 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 if they were not rescinded

The Open Constitution Initiative was an organization consisting of lawyers and academics in the People's Republic of China that advocated the rule of law and greater constitutional protections It was shut down by the government on July 14, 2009

As the basis for reform

In early 2013, a movement developed among reformers in China based on enforcing the provisions of the constitution

References

Citations

  1. ^ Elkins, Zachary; Ginsburg, Tom; Melton, James 2009 The Endurance of National Constitutions Cambridge University Press: Cambridge 
  2. ^ "China 1982 rev 2004" Constitute Retrieved April 22, 2015 
  3. ^ a b "CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA" People's Daily December 4, 1982 
  4. ^ "China" US Country Studies  |chapter= ignored help
  5. ^ "China 1982 rev 2004" Constitute Retrieved April 22, 2015 
  6. ^ "城乡居民选举首次实现同票同权Chinese" Archived from the original on July 17, 2015 Retrieved July 17, 2015 
  7. ^ https://wwwwashingtonpostcom/wp-dyn/articles/A58578-2004Mar14html  Missing or empty |title= help
  8. ^ Nectar Gan March 11, 2018 "Xi Jinping cleared to stay on as China's president with 2 against and 3 abstentions among 2,964 votes" South China Morning Post Retrieved March 13, 2018 
  9. ^ "China's national legislature adopts constitutional amendment" Xinhua News Agency March 11, 2018 Retrieved March 13, 2018 
  10. ^ http://wwwnpcgovcn/npc/bmzz/falv/2018-03/29/content_2052705htm
  11. ^ Edward Wong; Jonathan Ansfield February 3, 2013 "Reformers Aim to Get China to Live Up to Own Constitution" The New York Times Retrieved February 4, 2013 

Sources

  •  This article incorporates public domain material from the Library of Congress Country Studies document "China"

External links

  • English version of the Constitution of People's Republic of China Adopted in 1982
  • Government of China website in English: The Constitution

See also

  • China portal
  • Politics portal
  • Law portal
  • Communism portal
  • Constitutional economics
  • Constitutional history of the People's Republic of China
  • Constitutional law
  • Constitutionalism
  • Law of the People's Republic of China
  • Communist Party of China


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