This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fifth Session of the Fifth National People's
Congress and promulgated for implementation by the Proclamation of the
National People's Congress on December 4, 1982)
Contents
Preamble
Chapter I General Principle
Chapter II The Fundamental Rights and Duties of Citizens
Chapter III The Structure of the State
Section 1 The National People's Congress
Section 2 The President of the People's Republic of China
Section 3 The State Council
Section 4 The Central Military Commission
Section 5 The Local People's Congresses and Local People's
Governments at Various Levels
Section 6 The Organs of Self-Government of National
Autonomous Areas Section 7 The People's Courts and the
People's Procuratorates
Chapter IV The National Flag , the National Emblem and the Capital
Preamble
China is a country with one of the longest histories in the world. The
people of all of China's nationalities have jointly created a culture of
grandeur and have a glorious revolutionary tradition.
After 1840, feudal China was gradually turned into a semi-colonial and
semi-feudal country. The Chinese people waged many successive heroic
struggles for national independence and liberation and for democracy and
freedom.
Great and earthshaking 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
historic mission of the Chinese people to overthrow imperialism and
feudalism remained unaccomplished.
After waging protracted and arduous struggles, armed and otherwise, along
a zigzag course, 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 a great victory in the New-Democratic
Revolution and founded the People's Republic of China. Since then the
Chinese people have taken control of state power and become masters of the
country. After the founding of the People's Republic, China gradually
achieved its transition from a New-Democratic to a socialist society. The
socialist transformation of the private ownership of the means of
production has been completed, the system of exploitation of man by man
abolished 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 defeated imperialist and hegemonist
aggression, sabotage and armed provocations and have thereby safeguarded
China's national independence and security and strengthened its national
defence. Major successes have been achieved in economic development. An
independent and relatively comprehensive socialist system of industry has
basically been established. There has been a marked increase in
agricultural production. Significant advances have been made in
educational, scientific and cultural undertakings, while education in
socialist ideology has produced noteworthy results. The life of the people
has improved considerably.
Both the victory in China's New-Democratic Revolution and the successes in
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, by upholding
truth, correcting errors and surmounting 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
Zedong Thought, the Chinese people of all nationalities will continue to
adhere to the people's democratic dictatorship and the socialist road,
steadily improve socialist institutions, develop socialist democracy,
improve the socialist legal system, and work hard and self-reliantly to
modernize the country's 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 abolished in our country.
However, class struggle will continue to exist within certain bounds 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 inviolable duty of all Chinese
people, including our compatriots in Taiwan, to accomplish the great task
of reunifying the motherland.
In building socialism it is essential to rely on workers, peasants and
intellectuals and to unite all 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
which is composed of the democratic parties and people's organizations and
which embraces all socialist working people, all patriots who support
socialism and all patriots who stand for the reunification of the
motherland. This united front will continue to be consolidated and
developed. The Chinese People's Political Consultative Conference, a
broadly based representative organization of the united front which has
played a significant historical role, will play a still more important
role in the country's political and social life, in promoting friendship
with 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 multinational state created
jointly by the people of all its nationalities. Socialist relations of
equality, unity and mutual assistance have been established among the
nationalities 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 to combat local national
chauvinism. The state will do its utmost to promote the common prosperity
of all the nationalities. China's achievements in revolution and
construction are inseparable from the support of the people of the world.
The future of China is closely linked to the future of the world. China
consistently carries out an independent foreign policy and adheres 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, in legal form, affirms the achievements of the
struggles of the Chinese people of all nationalities and defines the basic
system and basic tasks of the state; 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 institutions in the country must
take the Constitution as the basic standard 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. Disruption 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 National People's Congress and the local people's congresses at
various levels are the organs through which the people exercise state
power.
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
various levels are constituted through democratic elections. 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 by
which they are supervised. The division of functions and powers between
the central and local state organs is guided by the principle of giving
full scope 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 a relationship of equality, unity and mutual
assistance among all of China's nationalities. Discrimination against and
oppression of any nationality are prohibited; any act which undermines the
unity of the nationalities or instigates division is prohibited.
The state assists areas inhabited by minority nationalities in
accelerating their economic and cultural development according to the
characteristics and needs of the various minority nationalities.
Regional autonomy is practised in areas where people of minority
nationalities live in concentrated communities; in these areas organs of
self-government are established to exercise the power of autonomy. All
national autonomous areas are integral parts of the People's Republic of
China.
All nationalities have the freedom to use and develop their own spoken and
written languages and to preserve or reform their own folkways and
customs.
Article 5
The state upholds the uniformity and dignity of the socialist legal
system.
No laws or administrative or local rules and regulations may contravene
the Constitution. All state organs, the armed forces, all political
parties and public organizations and all enterprises and institutions must
abide by the Constitution and the law. All acts in violation of the
Constitution or the law must be investigated.
No organization or individual is privileged to be beyond the Constitution
or 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 cooperatives and other
forms of cooperatives economy, such as producers', supply and marketing,
credit and consumers cooperatives, belong to the sector of socialist
economy under collective ownership by the working people. Working people
who are members of rural economic collective have the right, within the
limits prescribed by law, to farm plots of cropland and hilly land
allotted for their private use, engage in household sideline production
and raise privately owned livestock.
The various forms of cooperative economy in the cities and towns, such as
those in the handicraft, industrial, building, transport, commercial 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 collective and
encourages, guides and helps the growth of the collective economy.
Article 9
All 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,
grasslands, unreclaimed land and beaches that are owned by collective in
accordance with the law.
The state ensures the rational use of natural resources and protects rare
animals and plants. Appropriation or damaging 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 privately farmed plots of cropland and hilly land are also owned
by collectives.
The state may, in the public interest, requisition land for its use in
accordance with the law.
No organization or individual may appropriate, buy, sell or lease land or
otherwise engage in the transfer of land by unlawful means.
All organizations and individuals using land must ensure its rational use.
Article 11
The individual economy of urban and rural working people, operating 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, assists and supervises the individual economy by
administrative control.
Article 12
Socialist public property is inviolable.
The state protects socialist public property. Appropriation or damaging 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 according to 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 the organization of work.
The state practises strict economy and combats waste.
The state properly apportions accumulation and consumption, concerns
itself with 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 planned economy on the basis of socialist public
ownership. It ensures the proportionate and coordinated growth of the
national economy through overall balancing by economic planning and the
supplementary role of regulation by the market. Disturbance of the
socioeconomic order or disruption of the state economic plan by any
organization or individual is prohibited.
Article 16
State enterprises have decision-making power with regard to 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. The entire body of their workers elects or
removes their managerial personnel and decides 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 cooperation with Chinese enterprises
and other Chinese economic organizations in accordance with the law of the
People's Republic of China. All foreign enterprises, other foreign
economic organizations as well as Chinese-foreign joint ventures within
Chinese territory 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 undertakes the development of socialist education and works to
raise the scientific and cultural level of the whole nation.
The state establishes and administers schools of various types,
universalizes compulsory primary education and promotes secondary,
vocational and higher education as well as preschool education.
The state develops educational facilities in order to eliminate illiteracy
and provide political, scientific, technical and professional education as
well as general education for workers, peasants, state functionaries and
other working people. It encourages people to become educated through
independent study.
The state encourages the collective economic organizations, state
enterprises and institutions and other sectors of society to establish
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 knowledge of science and technology, and commends and rewards
achievements in scientific research as well as technological innovations
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 institutions and neighbourhood
organizations, and promotes health and sanitation activities of a mass
character, all for the protection of the people's health.
The state develops physical culture and promotes mass sports activities to
improve the people's physical fitness.
Article 22
The state promotes the development of art and literature, the press, radio
and television broadcasting, publishing and distribution services,
libraries, museums, cultural centres and other cultural undertakings that
serve the people and socialism, and it sponsors mass cultural activities.
The state protects sites of scenic and historical interest, valuable
cultural monuments and relics and other significant items of China's
historical and cultural heritage.
Article 23
The state trains specialized personnel in all fields who serve socialism,
expands the ranks of intellectuals and creates conditions to give full
scope to their role in socialist modernization.
Article 24
The state strengthens the building of a socialist society with an advanced
culture and ideology by promoting education in high ideals, ethics,
general knowledge, discipline and legality, and by promoting the
formulation and observance of rules of conduct and common pledges by
various sections of the people in urban and rural areas. The state
advocates the civic virtues of love of the motherland, of the people, of
labour, of science and of socialism. It conducts education among the
people in patriotism and collectivism, in internationalism and communism
and in dialectical and historical materialism, to combat capitalist,
feudal 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 environment in which people live and
the ecological environment. It 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 performance in order
constantly to improve the 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 do their best to serve them.
Article 28
The state maintains public order and suppresses treasonable and other
counter-revolutionary activities; it penalizes criminal activities that
endanger public security and disrupt the socialist economy as well as
other criminal activities; and it 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 do their best to serve the people.
The state strengthens the revolutionization, modernization and
regularization of the armed forces in order to increase 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 specific conditions.
Article 32
The People's Republic of China protects the lawful rights and interests of
foreigners within Chinese territory; foreigners on Chinese territory must
abide by the laws 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 is entitled to 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 ethnic
status, 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
Freedom of the 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 detention or deprivation or restriction of citizens freedom of
the person by 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 accusation or false incrimination
directed against citizens by any means is prohibited.
Article 39
The residences of citizens of the People's Republic of China are
inviolable. Unlawful search of, or intrusion into, a citizen's residence
is prohibited.
Article 40
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 citizens freedom and privacy of correspondence,
except in cases where, to meet the needs of state security or of criminal
investigation, 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 regarding any state organ or functionary. Citizens have
the right to make to relevant state organs complaints or charges against,
or exposures of, any state organ or functionary for violation of the law
or dereliction of duty; but fabrication or distortion of facts for
purposes of libel or false incrimination is prohibited.
The state organ concerned must deal with complaints, charges or exposures
made by citizens 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 as a
result of infringement of their civic 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. Through various channels, the state creates conditions for
employment, enhances occupational safety and health, improves working
conditions and, on the basis of expanded production, increases
remuneration for work and welfare benefits. Work is a matter of honour
for every citizen who is able to work. All working people in state
enterprises and in urban and rural economic collectives should approach
their work as the masters of the country that they are. 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 for 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 the rest and recuperation of the working
people and prescribes working hours and vacations for workers and staff.
Article 44
The state applies the system of retirement for workers and staff of
enterprises and institutions and for functionaries of organs of state
according to law. 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 social insurance, social relief and medical and health
services that are required for 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-mutes 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 development of children and young people,
morally, intellectually and physically.
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 endeavors conducive to
the interests of the people that are 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, in political, economic, cultural, social and family life.
The state protects the rights and interests of women, applies the
principle of equal pay for equal work to 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 children who are minors,
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
Citizens of the People's Republic of China, in exercising their freedoms
and rights, may not infringe upon the interests of the state, of society
or 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 unification 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, 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 duty of every citizen of the People's Republic of China
to defend the motherland and resist aggression.
It is the honorable 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 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 from the
provinces, autonomous regions and municipalities directly under the
Central Government and of deputies elected from 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 procedure
of their election are prescribed by law.
Article 60
The National People's Congress is elected for a term of five years.
The Standing Committee of the National People's Congress must ensure the
completion of election of deputies to the succeeding National People's
Congress two months prior to the expiration of the term of office of the
current National People's Congress. Should extraordinary circumstances
prevent such an election, it may be postponed and the term of office of
the current National People's Congress extended by the decision of a vote
of more than two-thirds of all those on the Standing Committee of the
current National People's Congress. The election of deputies to the
succeeding National People's Congress must be completed within one year
after the termination of such extraordinary 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 it
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 laws governing 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;
(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 on the
choice of the Vice-Premiers, State Councillors, Ministers in charge of
ministries or commissions, 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
nomination by the Chairman, to decide on the choice of all 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 report 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 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, the Auditor-General and the Secretary-General
of the State Council;
(3) the Chairman of the Central Military Commission and other members of
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 vote of
more than two-thirds of all the deputies to the Congress.
Laws and resolutions are to be adopted by a majority vote 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
the 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,
members of its Standing Committee.
No one on the Standing Committee of the National People's Congress shall
hold office 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 shall exercise 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 laws, with the exception of those which should be
enacted by the National People's Congress;
(3) to partially supplement and amend, when the National People's Congress
is not in session, laws enacted by the National People's Congress provided
that the basic principles of these laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the National People's Congress is not in
session, partial adjustments to the plan for national economic and social
development or 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 annul those administrative rules and regulations, decisions or
orders of the State Council that contravene the Constitution or the law;
(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 law 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, the
Auditor-General or 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 other members of the Commission, when the
National People's Congress is not in session;
(11) to appoint or remove, at the recommendation of the President of the
Supreme People's Court, the Vice-Presidents and Judges of the Supreme
People's Court, members of its Judicial Committee and the President of the
Military Court;
(12) to appoint or remove, at the recommendation of the Procurator-General
of the Supreme People's Procuratorate, 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, and to approve the appointment or 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 or recall of plenipotentiary
representatives abroad;
(14) to decide on the ratification or 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 imposition 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
directs the work of the Standing Committee and convenes its meetings. The
Vice-Chairmen and the Secretary-General assist the Chairman in his work.
The Chairman, the Vice-Chairmen and the Secretary-General constitute the
Council of Chairmen which handles 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
furnish necessary information to the committees of inquiry when they
conduct investigations.
