(6) the procurator general of the Supreme People’s Procuratorate. Article 110 Local people’s governments at all levels shall be responsible to the people’s congresses at their levels and shall report to them on their work. The National People’s Congress shall have the power to remove from office the following personnel: Amendments to the Constitution must be proposed by the National People’s Congress Standing Committee or by one-fifth or more of National People’s Congress deputies and be adopted by a vote of at least two-thirds of National People’s Congress deputies. Local people’s governments at all levels shall have the same term of office as that of the people’s congresses at their respective levels. Article 128 The people’s courts of the People’s Republic of China are the adjudicatory organs of the state. Deng saw this provision as the centerpiece of a systemic reform aimed at preventing a repeat of the Cultural Revolution, which he saw as a product of the 33-year dictatorship of Mao Zedong.[7]. The 1982 State Constitution is a lengthy, hybrid document with 138 articles. develop art and literature, the press, radio and television broadcasting, publishing, libraries, museums and cultural centers, and other cultural undertakings that serve the people and socialism; and shall promote public cultural activities. The state and society shall guarantee the livelihood of disabled military personnel, provide pensions to the families of martyrs, and give preferential treatment to the family members of military personnel. use religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the state’s education system. practice law-based governance and build a socialist state under the rule of law. Feature # 8. In performing their duties, autonomous organs of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area. Organizations that have elected deputies shall have the power to remove them from office in accordance with procedures prescribed by law. The state shall encourage and assist creative work that is beneficial to the people of citizens engaged in education, science, technology, literature, art and other cultural activities. The Supreme People’s Court is the highest adjudicatory organ. Article 143 The capital of the People’s Republic of China is Beijing. Provinces, cities directly under central government jurisdiction, counties, cities, municipal districts, townships, ethnic townships and towns shall establish people’s congresses and people’s governments. For other uses, see, ZhÅnghuá RénmÃn Gònghéguó Xià nfÇ, Learn how and when to remove this template message, 1978 Constitution of the People's Republic of China, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. Citizens of the People’s Republic of China shall have the right to criticize and make suggestions regarding any state, have the right to file with relevant state, complaints, charges or reports against any state, or state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort facts, concerned must ascertain the facts concerning the complaints, charges or reports made by citizens and take responsibility for their handling. (Adopted on December 4, 1982) PREAMBLE. Much of the PRC Constitution is modeled after the 1936 Constitution of the Soviet Union, but there are some significant differences. While the Soviet constitution formally creates a federal system, the Chinese constitution formally creates a unitary multi-national state. National People’s Congress and the local people’s congresses at all levels. Citizens of all ethnic groups shall have the right to use their own ethnic group’s spoken and written languages in court proceedings. Major achievements have been made in economic development. The Supreme People’s Court shall oversee the adjudicatory work of local people’s courts at all levels and of special people’s courts; people’s courts at higher levels shall oversee the adjudicatory work of those at lower levels. Article 41 Citizens of the People’s Republic of China shall have the right to criticize and make suggestions regarding any state organ or state employee, and have the right to file with relevant state organs complaints, charges or reports against any state organ or state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort facts to make false accusations. Article 34 All citizens of the People’s Republic of China who have reached the age of 18, regardless of ethnicity, race, gender, occupation, family background, religious belief, level of education, property status or length of residence, shall have the right to vote and stand for election; persons deprived of political rights in accordance with law shall be an exception. Their missions are to strengthen national defense, resist aggression, defend the motherland, safeguard the people’s peaceful work, participate in national development, and work hard to serve the people. The state shall safeguard the unity and sanctity of the socialist legal system. State employees, when assuming office, should make a public pledge of allegiance to the Constitution in accordance with the provisions of law. The State Council is composed of the following personnel: The State Council shall have the same term of office as that of the National People’s Congress. Article 95 Provinces, cities directly under central government jurisdiction, counties, cities, municipal districts, townships, ethnic townships and towns shall establish people’s congresses and people’s governments. The people’s governments of townships, ethnic townships and towns shall implement the resolutions of the people’s congresses at their level and the decisions and orders of state administrative organs at the next level up; they shall manage the administrative work of their respective administrative areas. Constitution", "CPC proposes change on Chinese president's term in Constitution", "China's Legislature Blesses Xi's Indefinite Rule. When the National People’s Congress is out of session, all special committees shall work under the leadership of the National People’s Congress Standing Committee. Article 47 Citizens of the People’s Republic of China shall enjoy the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. No one. of the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, that is, ownership by the. Socialist public property is sacred and inviolable. It is the fundamental law of the state and has supreme legal force. It is prohibited to use any means to insult, libel or falsely accuse citizens. institutions and other social actors to run education programs of various types in accordance with the provisions of law. The premier, vice premiers and state councilors shall serve no more than two consecutive terms. Article 42 Citizens of the People’s Republic of China shall have the right and the obligation to work. ethnic minorities shall practice regional autonomy, establish. Article 43 Working people in the People’s Republic of China shall have the right to rest. people, shall be the leading force in the economy. When the National People’s Congress holds a session, it shall elect a presidium to conduct that session. Article 48 Women in the People’s Republic of China shall enjoy equal rights with men in all spheres of life: political, economic, cultural, social and familial. Local people’s congresses at all levels shall have a term of five years. In addition, the 1982 document reflects the more flexible and less ideological orientation of foreign policy since 1978. [14], Deng Xiaoping's theory of "building socialism with Chinese characteristics" and "one center, two basic points" was added to the constitution. The State Council and its Standing Committee, by contrast, are made responsible for … Article 142 The national emblem of the People’s Republic of China consists of an image of Tiananmen Gate in the center illuminated by five stars and encircled by spikes of grain and a cogwheel. Commissions of supervision shall, in accordance with the provisions of law, independently exercise supervisory power, and shall not be subject to interference from any administrative organ, social organization or individual. [21][22][23] The amendment also adds the phrases âCommunist Party of Chinaâ and its âleadershipâ into the main body of the Constitution. However, in one case, after 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. Its permanent organ is the National People’s Congress Standing Committee. Discrimination against and oppression of any ethnic group are prohibited; any act that undermines the unity of ethnic groups or creates divisions among them is prohibited. No organization or individual shall have any privilege beyond the Constitution or the law. In handling criminal cases, the people’s courts, the people’s procuratorates and public security organs should each be responsible for their respective tasks, work together with each other, and act as checks on each other to ensure the faithful and effective enforcement of the law. Section 1 It is the sacred duty of every citizen of the People’s Republic of China to defend the motherland and resist aggression. The state shall, in accordance with the provisions of law. The state shall practice strict economy and combat waste. The organs through which the people exercise state power. (16) other functions and powers that the highest state organ of power should exercise. The state shall promote the common speech — putonghua — used nationwide. The People’s Republic of China shall establish a Supreme People’s Procuratorate, local people’s procuratorates at all levels, military procuratorates and other special people’s procuratorates. The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. Citizens of the People’s Republic of China shall have the right, The state shall foster the all-round moral, intellectual and physical development of, Citizens of the People’s Republic of China shall enjoy the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. Article 130 Except in special circumstances as prescribed by law, all cases in the people’s courts shall be tried in public. Article 6 The foundation of the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, that is, ownership by the whole people and collective ownership by the working people. 2. The relations between residents committees and villagers committees and primary-level state bodies shall be prescribed by law. Persons who have suffered losses resulting from infringement of their civil rights by any state. The state shall develop the social insurance, social relief, and medical and health services necessary for citizens to enjoy this right. [citation needed] The fore-said ratio of vote power has been readjusted to 1:1 by an amendment to the election law passed in March 2010.[13]. technological discoveries and inventions. Socialist ethnic relations of equality, unity, mutual assistance and harmony are established and will continue to be strengthened. Section 6 The division of functions and powers between the central and local state, giving full play to the initiative and motivation of, All ethnic groups of the People’s Republic of China are equal. Every citizen shall enjoy the rights prescribed by the Constitution and the law and must fulfill the obligations prescribed by the Constitution and the law. The National People’s Congress of the People’s Republic of China is the highest state organ of power. . Article 91 The State Council shall establish an audit office to conduct auditing oversight over the revenue and expenditure of all State Council departments and local governments at all levels, and over the revenue and expenditure of all state financial institutions, enterprises and public institutions. Article 12 of the Amendment to the Constitution of the People s Republic of China (Adopted at the Second Session of the Ninth National People s &RQJUHVV RQ0DUFK ,QVWUXPHQW$ LQ+RQJ.RQJ H /HJLVODWLRQ and All administrative, supervisory, adjudicatory and procuratorial organs of the state shall be created by the people’s congresses and shall be responsible to them and subject to their oversight. For other uses, see |Constitution... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. To improve the people’s physical fitness, the state shall develop sports and promote public sports activities. Article 89 The State Council shall exercise the following functions and powers: (1) stipulating administrative measures, formulating administrative regulations and issuing decisions and orders in accordance with the Constitution and the law; (2) submitting proposals to the National People’s Congress or the National People’s Congress Standing Committee; (3) stipulating the missions and responsibilities of the ministries and commissions, exercising unified leadership over their work, and directing national administrative work that does not fall within the responsibilities of the ministries and commissions; (4) exercising unified leadership over the work of local state administrative organs at all levels nationwide and stipulating the detailed division of functions and powers between the Central Government and state administrative organs in provinces, autonomous regions and cities directly under central government jurisdiction; (5) drawing up and implementing plans for national economic and social development and state budgets; (6) directing and managing economic work, urban and rural development and ecological conservation; (7) directing and managing education, science, culture, health, sports and family planning work; (8) directing and managing work such as civil affairs, public security and judicial administration; (9) managing foreign affairs and concluding treaties and agreements with foreign countries; (10) directing and managing the development of national defense; (11) directing and managing ethnic affairs and protecting the equal rights of ethnic minorities and the power to self-govern of ethnic autonomous areas; (12) protecting the legitimate rights and interests of Chinese nationals overseas and protecting the lawful rights and interests of returned overseas Chinese nationals and the family members in China of Chinese nationals overseas; (13) changing or revoking inappropriate orders, directives and regulations issued by ministries or commissions; (14) changing or revoking inappropriate decisions and orders issued by local state administrative organs at all levels; (15) approving the geographic division of provinces, autonomous regions and cities directly under central government jurisdiction and approving the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities; (16) deciding, in accordance with the provisions of law, on entering a state of emergency in parts of provinces, autonomous regions and cities directly under central government jurisdiction; (17) reviewing and deciding on the staff size of administrative organs and, in accordance with the provisions of law, appointing or removing, training, evaluating, and awarding or punishing administrative personnel; and. 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