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 revolutionary 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 independence 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 capitalism, 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 socialist society was effected step by
step. The socialist transformation of the private ownership of
the means of production was completed, the system of
exploitation of man by man eliminated and the socialist system
established. The people's democratic dictatorship 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 aggression,
sabotage and armed provocations by imperialists and
hegemonists,safeguarded China's national independence and
security 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 ideological education has yielded noteworthy results.
The living standards of the people have improved considerably.
Both the victory 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 nation
in the years to come is to concentrate its effort on socialist
modernization. Under the leadership of the Communist Party
of China and the guidance of Marxism- Leninism and Mao
ZedongThought, the Chinese people of all nationalities will
continue to adhere to the people's democratic dictatorship and
follow the socialist road, steadily improve socialist
institutions, develop socialist democracy, improve the socialist
legal system and work hard and self-reliantly to modernize
industry, agriculture, national 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 accomplish 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 parties
and people's organizations and embraces all socialist working
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
representative organization of the united front, which has
played a significant historical role and will continue to do so
in the political 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. Socialist 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 nationalities in the country.
China's achievements in revolution and construction 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 mutual benefit, and
peaceful coexistence in developing diplomatic relations and
economic and cultural exchanges with other countries; China
consistently opposes imperialism, hegemonism and colonialism,
works to strengthen unity with the people of other countries,
supports the oppressed nations and the developing countries in
their just struggle to win and preserve national independence
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
fundamental 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
enterprises 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 socialist 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 affairs 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 apply 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 administrative, 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 relationship 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
nationalities. 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 organs, the armed forces,
all political parties and public organizations and all
enterprises and undertakings must abide by the Constitution and
the law. All acts in violation of the Constitution and the law
must be investigated. No organization or individual 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 socialist 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 producers' supply and
marketing, credit and consumers co-operatives, belong to the
sector of socialist economy under collective 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, grassland, unreclaimed land, beaches
and other natural resources are owned by the state, that is,
by the whole people, with the exception 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 protects rare
animals and plants. The appropriation or damage of natural
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
unlawfully transfer land in other ways. All organizations and
individuals 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 complement 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 individual by
whatever means is prohibited.
Article 13. The state
protects the right of citizens to own lawfully 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 organization of
work. The state practises strict economy and combats waste. The
state properly apportions accumulation and consumption, 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 balancing by
economic planning and the supplementary role of regulation by
the market. Disturbance of the orderly functioning of the social
economy or disruption of the state economic plan by any
organization 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 enterprises practise
democratic management through congresses of workers 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 enterprises, 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 organizations 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, vocational 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, scientific,
technical and professional education for workers, peasants,
state functionaries and other working people. It encourages
people to become educated through self- study. The state
encourages the collective economic organizations, state
enterprises and undertakings and other social forces to set up
educational institutions 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, promotes modern
medicine and traditional Chinese medicine, encourages and
supports the setting up of various medical and health facilities
by the rural economic collectives, state enterprises and
undertakings and neighbourhood organizations, and promotes
sanitation activities of a mass character, all to protect the
people's health. The state develops physical culture and
promotes 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, publishing 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
cultural 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 spiritual 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 observance of rules of
conduct and common pledges by different sections 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 environment and the
ecological environment, and prevents and controls pollution and
other public hazards. The state organizes and encourages
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 efficiency and combat bureaucratism.
All state organs and functionaries 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 treasonable 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 defence, 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
revolutionization, 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 provinces,
autonomous regions and municipalities directly under the Central
Government; (2) Provinces and autonomous regions are divided
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
autonomous regions, autonomous prefectures and autonomous
counties are national autonomous areas.
Article 31. The state may
establish special administrative regions when necessary. The
systems to be instituted in special administrative regions shall
be prescribed by law enacted by the National People's Congress
in the light of the specific conditions.
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 reasons.
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, family 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 believe in, any religion; nor
may they discriminate against citizens 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 except 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
prohibited; and unlawful search of the person of citizens is
prohibited. 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 China 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 organization or individual
may, on any ground, infringe upon the freedom 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 procedures
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 functionary; 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 exposures, 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 compensation 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 protection, improves working
conditions and, on the basis of expanded production, increases
remuneration for work and social benefits. 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 recuperation 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 personnel 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 insurance, 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 preferential 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 citizens.
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, technology, 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, cultural 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 protected by the state.
Both husband and wife have the duty to practise 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 freedom of marriage is
prohibited. Maltreatment of old people, women and children is
prohibited.
Article 50. The People's
Republic of China protects the legitimate 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 interests 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 public 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 security, 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 militia 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 Republic 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 Committee exercise the
legislative power of the state.
Article 59. The National
People's Congress is composed of deputies elected by the
provinces, autonomous regions and municipalities directly under
the Central Government, and by the armed forces. All the
minority nationalities are entitled to appropriate
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 National People's
Congress is completed. Should exceptional circumstances prevent
such an election, it may be postponed by decision 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 circumstances.
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 propose. When
the National People's Congress meets, it elects a presidium to
conduct its session.
Article 62. The National
People's Congress exercises the following 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;
(previously 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 Commission 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 examine and approve the
state budget and the report on its implementation;
(11) To alter or annul
inappropriate decisions of the Standing Committee of the
National People's Congress;
(12) To approve the
establishment of provinces, autonomous regions, and
municipalities directly under the Central Government;
(13) To decide 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 recall or remove from office
the following persons:
(1) The President and the
Vice-President of the People's Republic of China;
(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 deputies 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 appropriate representation on the Standing Committee
of the National 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 Committee 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 interpret 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 supplements and
amendments to statutes enacted by the National People's Congress
provided that they do not contravene the basic principles of
these statutes;
(4) To interpret statutes;
(5) To examine and approve, when
the National People's Congress is not in session, 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 annual 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 contravene 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 suggestion of the President of the Supreme
People's Court;
(12) To appoint and remove the
Deputy Procurators-General and procurators of the Supreme
People's Procuratorate, members of its Procuratorial Committee
and the Chief Procurator of the Military Procuratorate at the
request of the Procurator-General of the Supreme People's
Procuratorate, and to approve the appointment and removal 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 recall of plenipotentiary representatives
abroad;
(14) To decide on the
ratification and abrogation of treaties and important agreements
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 decide 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
enforcement 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 National People's Congress
presides over the work of the Standing Committee 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 reports on its work to
the Congress.
Article 70. The National
People's Congress establishes a Nationalities Committee, a Law
Committee, a Finance and Economic Committee, an Education,
Science, Culture and Public Health Committee, a Foreign Affairs
Committee, an Overseas Chinese Committee and such other special
committees as are necessary. These special committees work
under the direction of the Standing Committee 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 Committee 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 organizations and
citizens concerned are obliged to supply the necessary
information to those committees of inquiry when they conduct
investigations.
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 ministries 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 session, without the
consent of its StandingCommittee.
Article 75. Deputies to the
National People's Congress may not be called to legal account
for their speeches or votes at its meetings.
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 subject 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 National People's Congress and its
Standing Committee are prescribed by law.
SECTION 2. THE
PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
Article 79: 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 eligible 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 receives 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 functions 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 National 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
temporarily act as the President of the People's Republic of
China.
SECTION 3. THE
STATE COUNCIL
Article 85. The State
Council, that is, the Central People's Government of the
People's Republic of China, is the executive body of the highest
organ of state power; it is the highest organ of state
administration.
Article 86. The State Council
is composed of the following: The Premier; The
Vice-Premiers; The State Councillors; The Ministers in charge of
Ministries; The Ministers in charge of Commissions; The Auditor-
General; and The Secretary-General. The Premier has overall
responsibility for the State Council. The Ministers have overall
responsibility for the respective ministries or commissions
under their charge. The organization of the State Council is
prescribed by law.
Article 87. The term of
office of the State Council is the same as that of the National
People's Congress. The Premier, Vice-Premiers and State
Councillors shall serve no more than two consecutive terms.
Article 88. The Premier
directs the work of the State Council. The Vice- Premiers
and State Councillors assist the Premier in his work. Executive
meetings of the State Council are composed of the Premier, the
Vice-Premiers, the State Councillors and the Secretary-General
of the State Council. The Premier convenes and presides over the
executive meetings and plenary meetings of the State Council.
Article 89. The State Council
exercises the following functions and powers: (1) To adopt
administrative measures,enact administrative rules and
regulations and issue decisions and orders in accordance with
the Constitution and the statutes; (2) To submit proposals to
the National People's Congress or its Standing Committee; (3) To
lay down the tasks and responsibilities of the ministries and
commissions of the State Council, to exercise unified leadership
over the work of the ministries and commissions and to direct
all other administrative work of a national character that does
not fall within the jurisdiction of the ministries and
commissions; (4) To exercise unified leadership over the work of
local organs of state administration at different levels
throughout the country, and to lay down the detailed division of
functions and powers between the Central Government and the
organs of state administration of provinces, autonomous regions
and municipalities directly under the Central Government; (5) To
draw up and implement the plan for national economic and social
development and the state budget; (6) To direct and administer
economic work and urban and rural development; (7) To direct and
administer the work concerning education, science, culture,
public health, physical culture and family planning; (8) To
direct and administer the work concerning civil affairs, public
security, judicial administration, supervision and other related
matters; (9) To conduct foreign affairs and conclude treaties
and agreements with foreign states; (10) To direct and
administer the building of national defence; (11) To direct and
administer affairs concerning the nationalities and to safeguard
the equal rights of minority nationalities and the right of
autonomy of the national autonomous areas; (12) To protect the
legitimate rights and interests of Chinese nationals residing
abroad and protect the lawful rights and interests of returned
overseas Chinese and of the family members of Chinese nationals
residing abroad; (13) To alter or annul inappropriate orders,
directives and regulations issued by the ministries or
commissions; (14) To alter or annul inappropriate decisions and
orders issued by local organs of state administration at
different levels; (15) To approve the geographic division of
provinces, autonomous regions and municipalities directly under
the Central Government, and to approve the establishment and
geographic division of autonomous prefectures, counties,
autonomous counties and cities; (16) To decide on the
enforcement of martial law in parts of provinces, autonomous
regions and municipalities directly under the Central
Government; (17) To examine and decide on the size of
administrative organs and, in accordance with the law, to
appoint, remove and train administrative officers, appraise
their work and reward or punish them; and (18) To exercise such
other functions and powers as the National People's Congress or
its Standing Committee may assign it.
Article 90. The ministers in
charge of ministries or commissions of the State Council are
responsible for the work of their respective departments and
convene and preside over their ministerial meetings or
commission meetings that discuss and decide on major issues in
the work of their respective departments. The ministries and
commissions issue orders, directives and regulations within the
jurisdiction of their respective departments and in accordance
with the statutes and the administrative rules and regulations,
decisions and orders issued by the State Council.
Article 91. The State Council
establishes an auditing body to supervise through auditing the
revenue and expenditure of all departments under the State
Council and of the local governments at different levels,
and those of the state financial and monetary organizations and
of enterprises and undertakings. Under the direction of the
Premier of the State Council,the auditing body independently
exercises its power to supervise through auditing in accordance
with the law, subject to no interference by any other
administrative organ or any public organization or individual.
Article 92. The State Council
is responsible, and reports on its work, to the National
People's Congress or, when the National People's Congress is not
in session, to its Standing Committee.
SECTION 4. THE
CENTRAL MILITARY COMMISSION
Article 93. The Central
Military Commission of the People's Republic of China directs
the armed forces of the country. The Central Military
Commission is composed of the following: The Chairman; The
Vice-Chairmen; and Members. The Chairman of the Central Military
Commission has overall responsibility for the commission. The
term of office of the Central Military Commission is the same as
that of the National People's Congress.
Article 94. The Chairman of
the Central Military Commission is responsible to the National
People's Congress and its Standing Committee.
SECTION 5. THE
LOCAL PEOPLE'S CONGRESS AND THE LOCAL PEOPLE'S GOVERNMENTS AT
DIFFERENT LEVELS
Article 95. People's
congresses and people's governments are established in
provinces, municipalities directly under the Central Government,
counties, cities, municipal districts, townships, nationality
townships and towns. The organization of local people's
congresses and local people's governments at different levels is
prescribed by law. Organs of self-government are established in
autonomous regions, autonomous prefectures and autonomous
counties. The organization and working procedures of organs of
self-government are prescribed by law in accordance with the
basic principles laid down in Sections V and VI of Chapter Three
of the Constitution.
Article 96. Local people's
congresses at different levels are local organs of state power.
Local people's congresses at and above the county level
establish standing committees.
Article 97. Deputies to
the people's congresses of provinces, municipalities directly
under the Central Government, and cities divided into districts
are elected by the people's congresses at the next lower level;
deputies to the people'scongresses of counties, cities not
divided into districts, municipal districts, townships,
nationality townships and towns are elected directly by their
constituencies. The number of deputies to local people's
congresses at different levels and the manner of their election
are prescribed by law.
Article 98. The term of
office of the people's congresses of provinces, municipalities
directly under the Central Government and cities divided into
districts is five years. The term of office of the people's
congresses of counties, cities not divided into districts,
municipal districts, townships, nationality townships and towns
is three years.
Article 99. Local people's
congresses at different levels ensure the observance and
implementation of the Constitution, the statutes and the
administrative rules and regulations in their respective
administrative areas. Within the limits of their authority as
prescribed by law, they adopt and issue resolutions and examine
and decide on plans for local economic and cultural development
and for development of public services. Local people's
congresses at and above the county level examine and approve the
plans for economic and social development and the budgets of
their respective administrative areas, and examine and approve
reports on their implementation. They have the power to alter or
annul inappropriate decisions of their own standing committees.
The people's congresses of nationality townships may, within the
limits of their authority as prescribed by law, take specific
measures suited to the peculiarities of the nationalities
concerned.
Article 100. The
people's congresses of provinces and municipalities directly
under the Central Government, and their standing committees,
may adopt local regulations, which must not contravene the
Constitution, the statutes and the administrative rules and
regulations, and they shall report such local regulations to the
Standing Committee of the National People's Congress for the
record.
Article 101. At their
respective levels, local people's congresses elect, and have the
power to recall, governors and deputy governors, or mayors and
deputy mayors, or heads and deputy heads of counties, districts,
townships and towns. Local people's congresses at and above
the county level elect, and have the power to recall, presidents
of people's courts and chief procurators of people's
procuratorates at the corresponding level. The election or
recall of chief procurators of people's procuratorates shall be
reported to the chief procurators of the people's procuratorates
at the next higher level for submission to the standing
committees of the people's congresses at the corresponding level
for approval.
Article 102. Deputies
to the people's congresses of provinces, municipalities,
directly under the Central Government and cities divided into
districts are subject to supervision by the units which elected
them; deputies to the people's congresses of counties,
cities not divided into districts, municipal districts,
townships, nationality townships and towns are subject to
supervision by their constituencies. The electoral units and
constituencies which elect deputies to local people's congresses
at different levels have the power, according to procedures
prescribed by law, to recall deputies whom they elected.
Article 103. The standing
committee of a local people's congress at and above the county
level is composed of a chairman, vice-chairmen and members,
and is responsible, and reports on its work, to the people's
congress at the corresponding level. The local people's congress
at and above the county level elects, and has the power to
recall, anyone on the standing committee of the people's
congress at the corresponding level. No one on the standing
committee of a local people's congress at and above the county
level shall hold any post in state administrative, judicial and
procuratorial organs.
Article 104. The
standing committee of a local people's congress at and above the
county level discusses and decides on major issues in all fields
of work in its administrative area; supervises the work of the
people's government, people's court and people's
procuratorate at the corresponding level; annuls inappropriate
decisions and orders of the people's government at the
corresponding level; annuls inappropriate resolutions of the
people's congress at the next lower level; decides on the
appointment and removal of functionaries of state organs within
its jurisdiction as prescribed by law; and, when the people's
congress at the corresponding level is not in session, recalls
individual deputies to the people's congress at the next higher
level and elects individual deputies to fill vacancies in that
people's congress.
Article 105. Local people's
governments at different levels are the executive bodies of
local organs of state power as well as the local organs of
state administration at the corresponding level. Local people's
governments at different levels practise the system of overall
responsibility by governors, mayors, county heads, district
heads, township heads and town heads.
Article 106. The term
of office of local people's governments at different levels
is the same as that of the people's congresses at the
corresponding level.
Article 107. Local
people's governments at and above the county level, within the
limits of their authority as prescribed by law, conduct the
administrative work concerning the economy, education, science,
culture, public health, physical culture, urban and rural
development, finance, civil affairs, public security,
nationalities affairs, judicial administration, supervision and
family planning in their respective administrative areas;
issue decisions and orders; appoint, remove and train
administrative functionaries, appraise their work and reward or
punish them. People's governments of townships, nationality
townships and towns carry out the resolutions of the people's
congress at the corresponding level as well as the decisions and
orders of the state administrative organs at the next higher
level and conduct administrative work in their respective
administrative areas. People's governments of provinces and
municipalities directly under the Central Government decide on
the establishment and geographic division of townships,
nationality townships and towns.
Article 108. Local people's
governments at and above the county level direct the work of
their subordinate departments and of people's governments at
lower levels, and have the power to alter or annul inappropriate
decisions of their subordinate departments and people's
governments at lower levels.
Article 109. Auditing bodies
are established by local people's governments at and above
the county level. Local auditing bodies at different levels
independently exercise their power to supervise through auditing
in accordance with the law and are responsible to the people's
government at the corresponding level and to the auditing body
at the next higher level.
Article 110. Local people's
governments at different levels are responsible, and report on
their work, to people's congresses at the corresponding level.
Local people's governments at and above the county level are
responsible, and report on their work, to the standing committee
of the people's congress at the corresponding level when the
congress is not in session. Local people's governments at
different levels are responsible, and report on their work, to
the state administrative organs at the next higher level. Local
people's governments at different levels throughout the country
are state administrative organs under the unified leadership of
the State Council and are subordinate to it.
Article 111. The residents'
committees and villagers' committees established among urban and
rural residents on the basis of their place of residence are
mass organizations of self-management at the grass-roots level.
The chairman, vice-chairmen and members of each residents' or
villagers' committee are elected by the residents. The
relationship between the residents' and villagers' committees
and the grass-roots organs of state power is prescribed by law.
The residents' and villagers' committees establish committees
for people's mediation, public security, public health and other
matters in order to manage public affairs and social services in
their areas, mediate civil disputes, help maintain public order
and convey residents' opinions and demands and make suggestions
to the people's government.
SECTION 6. THE
ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS AREAS
Article 112. The organs of
self-government of national autonomous areas are the
people's congresses and people's governments of autonomous
regions, autonomous prefectures and autonomous counties.
Article 113. In the people's
congress of an autonomous region, prefecture or county, in
addition to the deputies of the nationality or nationalities
exercising regional autonomy in the administrative area, the
other nationalities inhabiting the area are also entitled to
appropriate representation. The chairmanship and vice-
chairmenships of the standing committee of the people's congress
of an autonomous region, prefecture or county shall include a
citizen or citizens of the nationality or nationalities
exercising regional autonomy in the area concerned.
Article 114. The
administrative head of an autonomous region, prefecture or
county shall be a citizen of the nationality, or of one of
the nationalities, exercising regional autonomy in the area
concerned.
Article 115. The organs of
self-government of autonomous regions, prefectures and counties
exercise the functions and powers of local organs of state as
specified in Section V of Chapter Three of the Constitution.
At the same time, they exercise the right of autonomy within the
limits of their authority as prescribed by the Constitution, the
law of regional national autonomy and other laws, and implement
the laws and policies of the state in the light of the existing
local situation.
Article 116. People's
congresses of national autonomous areas have the power to enact
autonomy regulations and specific regulations in the light of
the political, economic and cultural characteristics of the
nationality or nationalities in the areas concerned. The
autonomy regulations and specific regulations of autonomous
regions shall be submitted to the Standing Committee of the
National People's Congress for approval before they go into
effect. Those of autonomous prefectures and counties shall be
submitted to the standing committees of the people's congresses
of provinces or autonomous regions for approval before they go
into effect, and they shall be reported to the Standing
Committee of the National People's Congress for the record.
Article 117. The organs of
self-government of the national autonomous areas have the
power of autonomy in administering the finances of their areas.
All revenues accruing to the national autonomous areas under the
financial system of the state shall be managed and used
independently by the organs of self- government of those areas.
Article 118. The organs of
self-government of the national autonomous areas independently
arrange for and administer local economic development under the
guidance of state plans. In developing natural resources and
building enterprises in the national autonomous areas, the state
shall give due consideration to the interests of those areas.
Article 119. The organs of
self-government of the national autonomous areas independently
administer educational, scientific, cultural, public health and
physical culture affairs in their respective areas, sort out
and protect the cultural legacy of the nationalities and work
for the development and prosperity of their cultures.
Article 120. The organs of
self-government of the national autonomous areas may, in
accordance with the military system of the state and concrete
local needs and with the approval of the State Council, organize
local public security forces for the maintenance of public order.
Article 121. In performing
their functions, the organs of self-government of the national
autonomous areas, in accordance with the autonomy regulations of
the respective areas, employ the spoken and written language
or languages in common use in the locality.
Article 122. The state gives
financial, material and technical assistance to the minority
nationalities to accelerate their economic and cultural
development. The state helps the national autonomous areas
train large numbers of cadres at different levels and
specialized personnel and skilled workers of different
professions and trades from among the nationality or
nationalities in those areas.
SECTION 7. THE
PEOPLE'S COURT AND THE PEOPLE'S PROCURATORATES
Article 123. The people's
courts in the People's Republic of China are the judicial
organs of the state.
Article 124. The People's
Republic of China establishes the Supreme People's Court and
the local people's courts at different levels, military courts
and other special people's courts. The term of office of the
President of the Supreme People's Court is the same as that of
the National People's Congress; he shall serve no more than two
consecutive terms. The organization of people's courts is
prescribed by law.
Article 125. All cases
handled by the people's courts, except for those involving
special circumstances as specified by law, shall be heard in
public. The accused has the right of defence.
Article 126. The people's
courts shall, in accordance with the law, exercise judicial
power independently and are not subject to interference by
administrative organs, public organizations or individuals.
Article 127. The
Supreme People's Court is the highest judicial organ. The
Supreme People's Court supervises the administration of justice
by the local people's courts at different levels and by the
special people's courts; people's courts at higher levels
supervise the administration of justice by those at lower
levels.
Article 128. The Supreme
People's Court is responsible to the National People's Congress
and its Standing Committee. Local people's courts at
different levels are responsible to the organs of state power
which created them.
Article 129. The people's
procuratorates of the People's Republic of China are state
organs for legal supervision.
Article 130. The People's
Republic of China establishes the Supreme People's Procuratorate
and the local people's procuratorates at different levels,
military procuratorates and other special people's
procuratorates. The term of office of the Procurator-General of
the Supreme People's Procuratorate is the same as that of the
National People's Congress; he shall serve no more than two
consecutive terms. The organization of people's procuratorates
is prescribed by law.
Article 131. People's
procuratorates shall, in accordance with the law, exercise
procuratorial power independently and are not subject to
interference by administrative organs, public organizations or
individuals.
Article 132. The Supreme
People's Procuratorate is the highest procuratorial organ.
The Supreme People's Procuratorate directs the work of the local
people's procuratorates at different levels and of the special
people's procuratorates; people's procuratorates at higher
levels direct the work of those at lower levels.
Article 133. The
Supreme People's Procuratorate is responsible to the National
People's Congress and its Standing Committee. Local people's
procuratorates at different levels are responsible to the organs
of state power at the corresponding levels which created them
and to the people's procuratorates at the higher level. Article
134. Citizens of all nationalities have the right to use the
spoken and written languages of their own nationalities in court
proceedings. The people's courts and people's procuratorates
should provide translation for any party to the court
proceedings who is not familiar with the spoken or written
languages in common use in the locality. In an area where people
of a minority nationality live in a compact community or where a
number of nationalities live together, hearings should be
conducted in the language or languages in common use in the
locality; indictments, judgments, notices and other documents
should be written, according to actual needs, in the language or
languages in common use in the locality.
Article 135. The people's
courts, people's procuratorates and public security organs
shall, in handling criminal cases, divide their functions, each
taking responsibility for its own work, and they shall co-
ordinate their efforts and check each other to ensure correct
and effective enforcement of law.
CHAPTER
IV. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE CAPITAL
Article 136. The national
flag of the People's Republic of China is a red flag with five
stars.
Article 137. The national
emblem of the People's Republic of China is Tian'anmen in the
centre illuminated by five stars and encircled by ears of grain
and a cogwheel.
Article 138. The capital
of the People's Republic of China is Beijing.
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