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China - Constitution
{ Adopted on: 4 Dec 1982 }
{ ICL Document Status: 12 April 1988 }
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 fulfill 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 Zedong Thought, 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 multinational 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 nonaggression, 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 One General Principles
Article 1 [Socialist State]
(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.
(2) 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 [Sovereignty]
(1) All power in the People's Republic of China belongs to the people.
(2) The organs through which the people exercise state power are the National People's
Congress and the local people's congresses at different levels.
(3) 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 [Democratic Centralism]
(1) The state organs of the People's Republic of China apply the principle of democratic
centralism.
(2) 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.
(3) 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.
(4) 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 [Nationalities, Minorities, Regions, Languages]
(1) 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.
(2) Regional autonomy is practiced 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.
(3) 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 [Socialist Legal System, Rule of Law]
(1) The state upholds the uniformity and dignity of the socialist legal system.
(2) No law or administrative or local rules and regulations shall contravene the
Constitution.
(3) 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 looked into.
(4) No organization or individual may enjoy the privilege of being above the Constitution
and the law.
Article 6 [Socialist Public Ownership]
(1) 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.
(2) 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 [State Economy]
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 [Agriculture]
(1) 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 plots of cropland and hilly land
allotted for private use, engage in household sideline production and raise privately
owned livestock.
(2) The various forms of co-operative 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.
(3) 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 [Resources]
(1) 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.
(2) 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 Ownership]
(1) Land in the cities is owned by the state.
(2) 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.
(3) The state may in the public interest take over land for its use in accordance with the
law.
(4) no organization or individual may appropriate, buy, sell or otherwise engage in the
transfer of land by unlawful means. The right to the use of land may be transferred
according to law.
(5) All organizations and individuals who use land must make rational use of the land.
Article 11 [Private Sector of the Economy]
(1) 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.
(2) The state guides, helps, and supervises the individual economy by exercising
administrative control.
(3) The State permits the private sector of the economy to exist and develop within the
limits prescribed by law. The private sector of the economy is a complement to the
socialist public economy. The State protects the lawful rights and interests of the
private sector of the economy, and exercises guidance, supervision and control over the
private sector of the economy.
Article 12 [Protection of Socialist Public Property]
(1) Socialist public property is sacred and inviolable.
(2) 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 [Protection of Private Property]
(1) The state protects the right of citizens to own lawfully earned income, savings,
houses, and other lawful property.
(2) The state protects by law the right of citizens to inherit private property.
Article 14 [Labor Productivity]
(1) The state continuously raises labor 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.
(2) The state practices strict economy and combats waste.
(3) 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 [Economic Planning]
(1) The state practices 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.
(2) 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]
(1) 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 fulfill all their obligations under the state plan.
(2) State enterprises practice democratic management through congresses of workers and
staff and in other ways in accordance with the law.
Article 17 [Collective Economic Organizations]
(1) Collective economic organizations have decisionmaking power in conducting independent
economic activities, on condition that they accept the guidance of the state plan and
abide by the relevant laws.
(2) Collective economic organizations practice 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 [Foreign Enterprises]
(1) 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.
(2) 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 [Education]
(1) The state develops socialist educational undertakings and works to raise the
scientific and cultural level of the whole nation.
(2) The state runs schools of various types, makes primary education compulsory and
universal, develops secondary, vocational and higher education, and promotes pre-school
education.
(3) 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 independent study.
(4) The slate 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.
(5) The state promotes the nationwide use of Putonghua.
Article 20 [Science]
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 [Health]
(1) 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 neighborhood organizations, and promotes public health activities of a
mass character, all to protect the people's health.
(2) The state develops physical culture and promotes mass sports activities to build up
the people's physique.
Article 22 [Culture]
(1) The state promotes the development of literature and art, the press, broadcasting, and
television undertakings, publishing and distribution services, libraries, museums,
cultural centers and other cultural undertakings, that serve the people and socialism, and
sponsors mass cultural activities.
(2) The state protects places of scenic and historical interest, valuable cultural
monuments, and treasures and other important items of China's historical and cultural
heritage.
Article 23 [Intellectual Education]
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
collective modernization.
Article 24 [Socialist Education]
(1) 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.
(2) The state advocates the civic virtues of love of the motherland, of the people, of
labor, of science, and of socialism; it educates the people in patriotism, collectivism,
internationalism, and communism and in dialectical and historical materialism; it combats
capitalist, feudal, and other decadent ideas.
Article 25 [Family Planning]
The state promotes family planning so that population growth may fit the plan for economic
and social development.
Article 26 [Environment]
(1) The state protects and improves the living environment and the ecological environment,
and prevents and remedies pollution and other public hazards.
(2) The state organizes and encourages afforestation and the protection of forests.
Article 27 [Administration]
(1) 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.
(2) 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 [Public Order]
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 [Armed Forces]
(1) 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 labor, participate in national reconstruction, and work hard to
serve the people.
(2) The state strengthens the revolutionization, modernization and regularization of the
armed forces in order to increase the national defence capability.
Article 30 [Administrative Division]
(1) 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.
(2) 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.
(3) All autonomous regions, autonomous prefectures, and autonomous counties are national
autonomous areas.
Article 31 [Special Administrative Regions]
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 [Rights of Foreigners]
(1) 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.
(2) The People's Republic of China may grant asylum to foreigners who request it for
political reasons.
Chapter Two The Fundamental Rights and Duties of Citizens
Article 33 [Citizenship, Equality]
(1) All persons holding the nationality of the People's Republic of China are citizens of
the People's Republic of China.
(2) All citizens of the People's Republic of China are equal before the law.
(3) Every citizen enjoys the rights and at the same time must perform the duties
prescribed by the Constitution and the law.
Article 34 [Electoral Rights and Equality]
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 [Religion]
(1) Citizens of the People's Republic of China enjoy freedom of religious belief.
(2) 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.
(3) 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.
(4) Religious bodies and religious affairs are not subject to any foreign domination.
Article 37 [Personal Freedom]
(1) The personal freedom of citizens of the People's Republic of China is inviolable.
(2) 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.
(3) Unlawful deprivation or restriction of citizens' personal freedom by detention or
other means is prohibited; and unlawful search of the person of citizens is prohibited.
Article 38 [Personal Dignity]
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 [Home]
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 [Correspondence]
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 offenses, public security or
procuratorial organs are permitted to censor correspondence in accordance with procedures
prescribed by law.
Article 41 [Freedom of Speech]
(1) 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, any state organ or
functionary for violation of the law or dereliction of duty; but fabrication or distortion
of facts for the purpose of libel or frame-up is prohibited.
(2) 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 exposure, or retaliate against the citizens making them.
(3) Citizens who have suffered losses through infringement of their civic rights by any
state organ or functionary have the right to compensation in accordance with the law.
Article 42 [Work]
(1) Citizens of the People's Republic of China have the right as well as the duty to work.
(2) Using various channels, the state creates conditions for employment, strengthens labor
protection, improves working conditions, and, on the basis of expanded production,
increases remuneration for work and social benefits.
(3) 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 labor emulation, and commends and rewards model and advanced workers. The state
encourages citizens to take part in voluntary labor.
(4) The state provides necessary vocational training to citizens before they are employed.
Article 43 [Leisure]
(1) Working people in the People's Republic of China have the right to rest.
(2) The state expands facilities for rest and recuperation of working people, and
prescribes working hours and vacations for workers and staff.
Article 44 [Retirement]
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 [Social Security]
(1) 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.
(2) The state and society ensure the livelihood of disabled members of the armed forces,
provide pensions for the families of martyrs, and give preferential treatment to the
families of military personnel.
(3) The state and society help make arrangements for the work, livelihood and education of
the blind, deafmutes and other handicapped citizens.
Article 46 [Education]
(1) Citizens of the People's Republic of China have the duty as well as the right to
receive education.
(2) The state promotes the all-round moral, intellectual, and physical development of
children and young people.
Article 47 [Research]
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 [Gender Equality]
(1) Women in the People's Republic of China enjoy equal rights with men in all spheres of
life, political, economic, cultural, and social, including family life.
(2) 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, Family, Parentage]
(1) Marriage, the family, and mother and child are protected by the state.
(2) Both husband and wife have the duty to practice family planning.
(3) 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.
(4) Violation of the freedom of marriage is prohibited. Maltreatment of old people, women,
and children is prohibited.
Article 50 [Nationals Abroad]
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 [Interest of the State]
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 [Unity]
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 [Obedience to the Constitution]
Citizens of the People's Republic of China must abide by the Constitution and the law,
keep state secrets, protect public property, and observe labor discipline and public order
and respect social ethics.
Article 54 [Integrity of the Motherland]
It is the duty of citizens of the People's Republic of China to safeguard the security,
honor, and interests of the motherland; they must not commit acts detrimental to the
security, honor and interests of the motherland.
Article 55 [Defence]
(1) It is the sacred obligation of every citizen of the People's Republic of China to
defend the motherland and resist aggression.
(2) 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 [Taxation]
It is the duty of citizens of the People's Republic of China to pay taxes in accordance
with the law.
Chapter Three The Structure of the State
Section I The National People's Congress
Article 57 [Highest Organ of State Power]
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 [Legislative Power]
The National People's Congress and its Standing Committee exercise the legislative power
of the state.
Article 59 [Representation]
(1) 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.
(2) Election of deputies to the National People's Congress is conducted by the Standing
Committee of the National People's Congress.
(3) The number of deputies to the National People's Congress and the manner of their
election are prescribed by law.
Article 60 [Election, Term]
(1) The National People's Congress is elected for a term of five years.
(2) 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 current National People's
Congress and the term of office of the current 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 [Sessions, Presidium]
(1) 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.
(2) When the National People's Congress meets, it elects a presidium to conduct its
session.
Article 62 [Functions and Powers]
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 offenses, 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 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 nomination by the
Chairman, to decide on the choice of all the others on 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 [Power to Recall or Remove Officials]
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]
(1) 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.
(2) 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 [Standing Committee]
(1) The Standing Committee of the National People's Congress is composed of the following:
the Chairman;
the Vice Chairmen;
the Secretary General; and
members.
(2) Minority nationalities are entitled to appropriate representation on the Standing
Committee of the National People's Congress.
(3) The National People's Congress elects, and has the power to recall, all those on its
Standing Committee.
(4) 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 [Election, Term, Chairmen]
(1) 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.
(2) The Chairman and Vice Chairmen of the Standing Committee shall serve no more than two
consecutive terms.
Article 67 [Functions and Powers]
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 annul 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 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 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 suggestion 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 honor 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 [Presidency]
(1) 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 in the work of the Chairman.
(2) Executive meetings with the participation of the Chairman, Vice Chairman and Secretary
General handle the important day-to-day work of the Standing Committee of the National
People's Congress.
Article 69 [Report on the Work]
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 [Committees]
(1) The National People's Congress establishes a Nationalities Committee, a Law Committee,
a Financial 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.
(2) 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 [Ad Hoc Committees]
(1) 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.
(2) 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 [Legislative Initiative]
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 [Right to Question the State Council]
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 [Immunity]
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 Standing Committee.
Article 75 [Indemnity]
Deputies to the National People's Congress may not be called to legal account for their
speeches or votes at its meetings.
Article 76 [Obedience to the Constitution]
(1) 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.
(2) Deputies to the National People's Congress should maintain close contact with the
units which elected them and with the people, listen to and convey the opinions and
demands of the people, and work hard to serve them.
Article 77 [Direct/Imperative Mandate]
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 deputies whom they elected.
Article 78 [Organizational Law]
The organization and working procedures of the National People's Congress and its Standing
Committee are prescribed by law.
Article 79 [Election, Term]
(1) The President and Vice President of the People's Republic of
China are elected by the National People's Congress.
(2) 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.
(3) 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 [Functions and Powers]
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 honor; issues orders of special pardons; proclaims
martial law; proclaims a state of war; and issues mobilization orders.
Article 81 [Diplomatic Representation]
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 [Vice President]
(1) The Vice President of the People's Republic of China assists in the work of the
President.
(2) The Vice President of the People's Republic of China may exercise such parts of the
functions and powers of the President as may be deputed by the President.
Article 83 [End of Office]
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 [Vacancy]
(1) 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.
(2) 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.
(3) 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.
Article 85 [Governmental Powers]
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 [Composition]
(1) 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.
(2) The Premier has overall responsibility for the State Council. The ministers have
overall responsibility for the ministries or commissions under their charge.
(39 The organization of the State Council is prescribed by law.
Article 87 [Term]
(1) The term of office of the State Council is the same as that of the National People's
Congress.
(2) The Premier, Vice Premiers, and State Councillors shall serve no more than two
consecutive terms.
Article 88 [Premier]
(1) The Premier directs the work of the State Council. The Vice Premiers and State
Councillors assist in the work of the Premier.
(2) 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.
(3) The Premier convenes and presides over the executive meetings and plenary meetings of
the State Council.
Article 89 [Functions and Powers]
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 affairs and urban and rural development;
7. to direct and administer affairs of education, science, culture, public health,
physical culture, and family planning;
8. to direct and administer 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 [Ministers]
(1) 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
ministerial meetings or commission meetings that discuss and decide on major issues in the
work of their respective departments.
(2) 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 [Auditing Body]
(1) 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.
(2) 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 [Report on the Work]
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 IV The Central Military Commission
Article 93 [Function, Composition, Term]
(1) The Central Military Commission of the People's Republic of China directs the armed
forces of the country.
(2) The Central Military Commission is composed of the following:
the Chairman;
the Vice Chairmen; and
members.
(3) The Chairman of the Central Military Commission has overall responsibility for the
Commission.
(4) The term of office of the Central Military Commission is the same as that of the
National People's Congress.
Article 94 [Responsibility]
The Chairman of the Central Military Commission is responsible to the National People's
Congress and its Standing Committee.
Section V The Local People's Congresses and Governments
Article 95 [Local Governments]
(1) 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.
(2) The organization of local people's congresses and local people's governments at
different levels is prescribed by law.
(3) 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 [State Power, Standing Committees]
(1) Local people's congresses at different levels are local organs of state power.
(2) Local people's congresses at and above the county level establish standing committees.
Article 97 [Deputies]
(1) 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's congresses of counties,
cities not divided into districts, municipal districts, townships, nationality townships,
and towns are elected directly by their constituencies.
(2) The number of deputies to local people's congresses at different levels and the manner
of their election are prescribed by law.
Article 98 [Term]
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 [Obedience to the Constitution]
(1) 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 the development of public services.
(2) 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.
(39 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 [Obedience to the Central Government]
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 [Power to Elect and Recall Officials]
(1) 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.
(2) 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 [Direct/Imperative Mandate]
(1) 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.
(2) 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 [Responsibility of Standing Committees]
(1) 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.
(2) 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.
(3) 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 [Functions and Powers]
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 the limits of its authority 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 [Executive Bodies]
(1) 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.
(2) Local people's governments at different levels practice the system of overall
responsibility by governors, mayors, county heads, district heads, township heads, and
town heads.
Article 106 [Corresponding Terms]
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 [Administrative Work]
(1) 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.
(2) 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.
(3) 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 [Hierarchy of Government]
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]
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 [Responsibility]
(1) 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.
(2) 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 [Committees on Grass Roots Level]
(1) 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.
(2) 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 VI Self-Government of National Autonomous Areas
Article 112 [Autonomies Areas]
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 [Representation]
(1) 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.
(2) The chairmanship and vice chairmanships 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 [Nationality of the Administrative Head]
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 [Power of Autonomy]
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 power 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 [Autonomy Regulations]
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 [Financial Autonomy]
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 by the
organs of self-government of those areas on their own.
Article 118 [Autonomous Development Plans]
(1) The organs of self-government of the national autonomous areas independently arrange
for and administer local economic development under the guidance of state plans.
(2) In exploiting natural resources and building enterprises in the national autonomous
areas, the state shall give due consideration to the interests of those areas.
Article 119 [Autonomous Education]
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, protect and accumulate the cultural heritage of the nationalities and
work for the development and flourishing of their cultures.
Article 120 [Autonomous Security Forces]
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 [Autonomous Language]
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 [Minorities]
(1) The state gives financial, material, and technical assistance to the minority
nationalities to accelerate their economic and cultural development.
(2) 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 VII The People's Courts and Procuratorates
Article 123 [Judicial Organs]
The people's courts in the People's Republic of China are the judicial organs of the
state.
Article 124 [Supreme People's Court]
(1) 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.
(2) The term of office of the President of the Supreme People's Court is the same as that
of the National People's Congress; the President shall serve no more than two consecutive
terms.
(3) The organization of people's courts in prescribed by law.
Article 125 [Publicity, Right of Defence]
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 [Independence]
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 [Highest Judicial Organ]
(1) The Supreme People's Court is the highest judicial organ.
(2) 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 [Responsibility of the Supreme People's Court]
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 [People's Procuratorates]
The people's procuratorates of the People's Republic of China are state organs for legal
supervision.
Article 130 [Supreme People's Procuratorate]
(1) 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.
(2) 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; the Procurator General shall serve no
more than two consecutive terms.
(3) The organization of people's procuratorates is prescribed by law.
Article 131 [Procuratorial Power, Independence]
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 [Highest Procuratorial Organ]
(1) The Supreme People's Procuratorate is the highest procuratorial organ.
(2) 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 [Responsibility of Supreme People's Procuratorate]
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 [Language in Trials]
(1) 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.
(2) 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, judgements, notices, and other
documents should be written, according to actual needs, in the language or languages in
common use in the locality.
Article 135 [Independence of Functions]
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 Four The National Flag, Emblem, and Capital
Article 136 [National Flag]
The national flag of the People's Republic of China is a red flag with five stars.
Article 137 [National Emblem]
The national emblem of the People's Republic of China is Tian'anmen in the center
illuminated by five stars and encircled by ears of grain and a cogwheel.
Article 138 [Capital]
The capital of the People's Republic of China is Beijing.