Constitution of People's Republic of China

Constitution of People's Republic of China

(Adopted at the Fifth Session of the Fifth National People's Congress on December 4, 1982, and implemented by the Announcement of the National People's Congress on December 4, 1982

According to the "Amendment to the Constitution of the People's Republic of China" adopted at the first meeting of the Seventh National People's Congress on April 12, 1988, and the "China National People's Congress" adopted at the first meeting of the Eighth National People's Congress on March 29, 1993. Amendment to the Constitution of the People’s Republic of China, "Amendment to the Constitution of the People’s Republic of China" adopted at the Second Session of the Ninth National People’s Congress on March 15, 1999, and the Second Session of the Tenth National People’s Congress on March 14, 2004 The Amendment to the Constitution of the People's Republic of China adopted at the second meeting and the Amendment to the Constitution of the People's Republic of China adopted at the first meeting of the 13th National People's Congress on March 11, 2018)

table of Contents

Preface

Chapter One 　 　 　 Outline

Chapter Two: Basic Rights and Duties of Citizens

Chapter Three: National Institutions

Section 1 　 National People's Congress

Section 2 　President of the People's Republic of China

Section 3 　 The State Council

Section 4 　 Central Military Commission

Section 5: Local people’s congresses and local people’s governments at various levels

Section 6: Organs of Self-Government in Ethnic Autonomous Areas

Section 7 　 Supervisory Committee

Section 8: People's Courts and People's Procuratorates

Chapter Four: National Flag, National Anthem, National Emblem, Capital

Preface

China is one of the countries with the longest history in the world. The people of all ethnic groups in China have jointly created a splendid culture and have a glorious revolutionary tradition.

After 1840, feudal China gradually became a semi-colonial and semi-feudal country. The Chinese people have fought bravely for national independence, national liberation, and democracy and freedom.

In the twentieth century, China has undergone earth-shaking and great historical changes.

The Revolution of 1911 led by Dr. Sun Yat-sen in 1911 abolished the feudal monarchy and created the Republic of China. However, the historical task of the Chinese people against imperialism and feudalism has not yet been completed.

In 1949, the Chinese Communist Party led by Chairman Mao Zedong led the people of all ethnic groups in China. After a long period of difficult and tortuous armed struggle and other forms of struggle, it finally overthrew imperialism, feudalism, and bureaucratic capitalism. Ruled, won the great victory of the new democratic revolution, and established the People’s Republic of China. Since then, the Chinese people have mastered the power of the country and become the masters of the country.

After the founding of the People's Republic of my country, our society gradually realized the transition from new democracy to socialism. The socialist transformation of the private ownership of the means of production has been completed, the system of human exploitation has been eliminated, and the socialist system has been established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is essentially 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, safeguarded national independence and security, and strengthened national defense. Significant achievements have been made in economic construction, an independent and relatively complete socialist industrial system has basically taken shape, and agricultural production has increased significantly. Education, science, culture and other undertakings have made great progress, and socialist ideological education has achieved remarkable results. The lives of the broad masses of people have been greatly improved.

The victory of China's new democratic revolution and the achievements of the cause of socialism were achieved by the Chinese people of all ethnic groups under the leadership of the Chinese Communist Party, under the guidance of Marxism-Leninism and Mao Zedong Thought, upholding truth, correcting mistakes, and overcoming many difficulties and obstacles. Our country will be in the primary stage of socialism for a long time. The fundamental task of the country is to concentrate its efforts on socialist modernization along the path of socialism with Chinese characteristics. The people of all ethnic groups in China will continue to adhere to the people’s democratic dictatorship under the leadership of the Communist Party of China, under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents", the scientific outlook on development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era , Adhere to the socialist road, persist in reform and opening up, continuously improve the socialist systems, develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, implement new development concepts, self-reliance, hard work, and gradually realize industry and agriculture , The modernization of national defense and science and technology, promote the coordinated development of material civilization, political civilization, spiritual civilization, social civilization, and ecological civilization, build China into a prosperous, democratic, civilized, harmonious and beautiful modern socialist country, and realize the great rejuvenation of the Chinese nation.

In our country, the exploiting class has been eliminated as a class, but the class struggle will continue to exist in a certain range for a long time. The Chinese people must fight against hostile forces and elements at home and abroad that are hostile to and undermining my country's socialist system.

Taiwan is part of the sacred territory of the People's Republic of China. Accomplishing the great cause of reunifying the motherland is the sacred duty of the entire Chinese people, including Taiwan compatriots.

The cause of socialist construction must rely on workers, peasants, and intellectuals to unite all forces that can be united. In the long process of revolution, construction, and reform, it has been formed under the leadership of the Communist Party of China, with the participation of various democratic parties and people’s organizations, including all socialist workers, builders of the socialist cause, and patriotic supporters of socialism. The broad patriotic united front of patriots who support the reunification of the motherland and are committed to the great rejuvenation of the Chinese nation. This united front will continue to consolidate and develop. The Chinese People’s Political Consultative Conference is a widely representative united front organization. It played an important historical role in the past. It will continue to carry out socialist modernization and maintain national unity and unity in the country’s political life, social life, and foreign friendly activities. It will further play its important role in the struggle against China. The system of multi-party cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time.

The People's Republic of China is a unified multi-ethnic country created by the people of all ethnic groups across the country. The socialist ethnic relations of equality, unity, mutual assistance and harmony have been established and will continue to be strengthened. In the struggle to maintain national unity, we must oppose big nationalism, mainly Han chauvinism, as well as local nationalism. The state makes every effort to promote the common prosperity of all ethnic groups in the country.

The achievements of China's revolution, construction, and reform 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 adheres to an independent foreign policy, 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, adheres to the path of peaceful development, adheres to a mutually beneficial and win-win opening strategy, and develops relations with other countries. Diplomatic relations and economic and cultural exchanges, promote the building of a community with a shared future for mankind; insist on opposing imperialism, hegemonism, and colonialism, strengthen unity with people of all countries in the world, support oppressed nations and developing countries in striving for and maintaining national independence and developing national economy It is a just struggle to maintain world peace and promote the cause of human progress.

In the form of law, this Constitution affirms the results of the struggle of the people of all ethnic groups in China, stipulates the fundamental system and fundamental tasks of the country, is the fundamental law of the country, and has the highest legal effect. The people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and institutions must take the Constitution as the fundamental norms of their activities and have the responsibility of safeguarding the dignity of the Constitution and ensuring its implementation.

Chapter One "General"

Article 1: The People’s Republic of China is a socialist country 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 fundamental system of the People's Republic of China. The leadership of the Chinese Communist Party is the most essential feature of socialism with Chinese characteristics. It is forbidden for any organization or individual to destroy the socialist system.

Article 2 All power in the People’s Republic of China belongs to the people.

The organs through which the people exercise state power are the National People's Congress and local people's congresses at various levels.

The people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms in accordance with the provisions of the law.

Article 3: The state institutions of the People's Republic of China implement the principle of democratic centralism.

The National People’s Congress and the local people’s congresses at all levels are democratically elected, accountable to the people and subject to their supervision.

State administrative organs, supervisory organs, judicial organs, and procuratorial organs are all formed by the people's congress and are responsible to and subject to its supervision.

The division of powers between the central and local state agencies is based on the principle of giving full play to the initiative and enthusiasm of the local governments under the unified leadership of the central government.

Article 4: All ethnic groups in the People's Republic of China are equal. The state protects the lawful rights and interests of all ethnic minorities, and maintains and develops the equality, solidarity, mutual assistance and harmonious relations of all ethnic groups. Discrimination and oppression of any ethnic group are prohibited, and acts that undermine ethnic unity and create ethnic divisions are prohibited.

According to the characteristics and needs of the ethnic minorities, the state helps the ethnic minority areas to accelerate their economic and cultural development.

Regional autonomy is practiced in places where ethnic minorities live in concentrated communities, and autonomous agencies are established to exercise the power of autonomy. All ethnic autonomous areas are inseparable parts of the People’s Republic of China.

All ethnic groups have the freedom to use and develop their own spoken and written languages, as well as the freedom to maintain or reform their own customs and habits.

Article 5: The People's Republic of China implements the rule of law and builds a socialist country ruled by law.

The state maintains the unity and dignity of the socialist legal system.

All laws, administrative regulations and local regulations must not conflict with the Constitution.

All state organs and armed forces, all political parties and social organizations, and all enterprises and institutions must abide by the Constitution and laws. All violations of the Constitution and laws must be investigated.

No organization or individual shall have privileges that exceed the Constitution and laws.

Article 6: The foundation of the socialist economic system of the People's Republic of China is the socialist public ownership of the means of production, that is, ownership by the whole people and collective ownership by the working people. The socialist public ownership eliminates the system of exploitation of people, and implements the principle of distribution according to work.

In the primary stage of socialism, the country adheres to the basic economic system with public ownership as the mainstay and the common development of multiple ownership economies, and the distribution system with distribution according to work as the mainstay and coexistence of multiple distribution methods.

Article 7: The state-owned economy, that is, the socialist economy of ownership by the whole people, is the dominant force in the national economy. The state guarantees the consolidation and development of the state-owned economy.

Article 8: Rural collective economic organizations shall implement a two-tier management system based on household contract management and a combination of unified and decentralized operations. The various forms of cooperative economy in the rural areas such as production, supply and marketing, credit, consumption, etc., are socialist economies under collective ownership by the working masses. Workers participating in rural collective economic organizations have the right to operate private plots, private hills, household sideline businesses, and raise private livestock within the scope prescribed by law.

The various forms of cooperative economy in the handicrafts, industry, construction, transportation, commerce, service industries and other industries in cities and towns are all socialist economies under collective ownership by the working people.

The state protects the lawful rights and interests of urban and rural collective economic organizations, and encourages, guides, and helps the development of the collective economy.

Article 9: Natural resources such as mineral deposits, water currents, forests, mountains, grasslands, wastelands and tidal flats are owned by the state, that is, owned by the whole people; except for forests and mountains, grasslands, wastelands and tidal flats that are collectively owned by law.

The state guarantees the rational use of natural resources and protects precious animals and plants. It is forbidden for any organization or individual to occupy or destroy natural resources by any means.

Article 10: Land in cities belongs to the state.

The land in rural and suburban areas is collectively owned except for the state-owned land as stipulated by law; homesteads, private plots, and private hills are also collectively owned.

The state may expropriate or requisition land and provide compensation in accordance with the law for the needs of the public interest.

No organization or individual may occupy, buy or sell or illegally transfer land in other forms. The right to use land can be transferred in accordance with the provisions of the law.

All organizations and individuals that use land must use land rationally.

Article 11: Individual economy, private economy, and other non-public sectors of the economy within the scope prescribed by law are an important part of the socialist market economy.

The state protects the legal rights and interests of the private economy, private economy and other non-public sectors of the economy. The state encourages, supports and guides the development of the non-public ownership economy, and supervises and manages the non-public ownership economy in accordance with the law.

Article 12: Socialist public property is sacred and inviolable.

The state protects socialist public property. Any organization or individual is prohibited from occupying or destroying state and collective property by any means.

Article 13: The lawful private property of citizens shall not be violated.

The state protects citizens’ private property rights and inheritance rights in accordance with the law.

For the needs of the public interest, the state may expropriate or requisition the private property of citizens and provide compensation in accordance with the law.

Article 14: The state promotes the enthusiasm and technical level of workers, promotes advanced science and technology, improves the economic management system and enterprise management system, implements various forms of socialist responsibility system, and improves labor organization to continuously increase labor productivity. And economic benefits, and develop social productivity.

The state practices strict economy and opposes waste.

The state rationally arranges accumulation and consumption, takes into account the interests of the state, collectives and individuals, and gradually improves the material and cultural lives of the people on the basis of the development of production.

The state establishes and completes a social security system commensurate with the level of economic development.

Article 15: The state implements a socialist market economy.

The state strengthens economic legislation and perfects macro-control.

The state prohibits any organization or individual from disturbing the social and economic order in accordance with the law.

Article 16 State-owned enterprises shall have the right to operate independently within the scope prescribed by law.

State-owned enterprises implement democratic management through employee congresses and other forms in accordance with the law.

Article 17: Collective economic organizations shall have the autonomy to independently conduct economic activities on the premise that they abide by relevant laws.

Collective economic organizations implement democratic management, elect and remove managers in accordance with the law, and decide on major issues of operation and management.

Article 18: The People's Republic of China allows foreign enterprises and other economic organizations or individuals to invest in China in accordance with the laws of the People's Republic of China, and conduct various forms of economic cooperation with Chinese enterprises or other economic organizations.

Foreign enterprises and other foreign economic organizations and Sino-foreign joint ventures in China must abide by the laws of the People’s Republic of China. Their legal rights and interests are protected by the laws of the People's Republic of China.

Article 19: The state develops socialist education and raises the scientific and cultural level of the people throughout the country.

The state runs various schools, popularizes compulsory elementary education, develops secondary education, vocational education and higher education, and develops preschool education.

The state develops various educational facilities, eliminates illiteracy, and educates workers, farmers, state workers and other laborers in politics, culture, science, technology, and business, and encourages self-study to become talents.

The State encourages collective economic organizations, state enterprises and institutions, and other social forces to organize various educational undertakings in accordance with the law.

The state promotes the national standard Mandarin.

Article 20: The state develops natural and social sciences, popularizes scientific and technological knowledge, and rewards scientific research achievements and technological inventions and creations.

Article 21 The state develops medical and health services, develops modern medicine and traditional Chinese medicine, encourages and supports rural collective economic organizations, state enterprises and institutions, and neighborhood organizations to organize various medical and health facilities, and conduct mass health activities to protect the people health.

The country develops sports, launches mass sports activities, and enhances the people's physique.

Article 22: The state develops literary and artistic undertakings, news, radio and television undertakings, publishing and distribution undertakings, libraries, museums, cultural centers, and other cultural undertakings that serve the people and socialism, and carry out mass cultural activities.

The state protects historical sites, precious cultural relics and other important historical and cultural heritage.

Article 23: The state trains all kinds of professionals who serve socialism, expands the ranks of intellectuals, and creates conditions to give full play to their role in socialist modernization.

Article 24: The state strengthens the construction of socialist spiritual civilization by popularizing ideal education, moral education, cultural education, discipline and legal education, and formulating and implementing various codes and conventions among the people in different areas of urban and rural areas.

The country advocates the core values ​​of socialism, advocates the public virtues of loving the motherland, loving the people, loving labor, loving science, loving socialism, and educating the people on patriotism, collectivism, internationalism, and communism, and conducting dialectical materialism and history. Materialist education opposes capitalist, feudalistic and other corrupt ideas.

Article 25: The state promotes family planning to adapt population growth to economic and social development plans.

Article 26: The state protects and improves the living environment and ecological environment, and prevents pollution and other public hazards.

The state organizes and encourages tree planting and afforestation to protect forest trees.

Article 27: All state agencies shall implement the principle of streamlining, implement a work responsibility system, implement a staff training and assessment system, continuously improve work quality and efficiency, and oppose bureaucracy.

All state organs and state functionaries must rely on the support of the people, keep in close contact with the people, listen to their opinions and suggestions, accept their supervision, and work hard to serve the people.

State functionaries shall publicly take the constitutional oath when taking office in accordance with the law.

Article 28: The state maintains social order, suppresses treason and other criminal activities that endanger national security, punishes social security, disrupts the socialist economy, and other criminal activities, and punishes and reforms criminals.

Article 29: The armed forces of the People's Republic of China belong to the people. Its task is to consolidate national defense, resist aggression, defend the motherland, defend the peaceful labor of the people, participate in the cause of national construction, and work hard to serve the people.

The state strengthens the revolutionization, modernization, and regularization of its armed forces, and strengthens its national defense capabilities.

Article 30: The administrative divisions of the People's Republic of China are 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, ethnic townships, and towns.

Municipalities and larger cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities.

Autonomous regions, autonomous prefectures, and autonomous counties are all ethnic autonomous areas.

Article 31: The state may establish special administrative regions when necessary. The systems implemented in special administrative regions shall be prescribed by law by the National People's Congress in accordance with specific conditions.

Article 32: The People's Republic of China protects the legal rights and interests of foreigners in China, and foreigners in China must abide by the laws of the People's Republic of China.

The People's Republic of China can grant asylum rights to foreigners who request asylum for political reasons.

Chapter Two: Basic Rights and Duties of Citizens

Article 33: All persons with 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.

The state respects and protects human rights.

Every citizen enjoys the rights stipulated by the Constitution and the law, and must perform the obligations stipulated by the Constitution and the law at the same time.

Article 34 Citizens of the People’s Republic of China who have reached the age of 18, regardless of ethnicity, race, sex, occupation, family origin, religious belief, education level, property status, or length of residence, have the right to vote and stand for election; however, Except for those who are deprived of political rights by law.

Article 35: Citizens of the People's Republic of China have the freedom of speech, publication, assembly, association, procession, and demonstration.

Article 36: Citizens of the People's Republic of China shall have freedom of religious belief.

No state organ, social organization, or individual may force citizens to believe in or not to believe in religion, and must not discriminate against citizens who believe in religion or citizens who do not believe in religion.

The state protects normal religious activities. No one may use religion to engage in activities that disrupt social order, harm the health of citizens, or hinder the national education system.

Religious groups and religious affairs are not subject to the domination of foreign forces.

Article 37: The personal freedom of citizens of the People's Republic of China shall not be violated.

Any citizen shall not be arrested without the approval or decision of the People’s Procuratorate or the decision of the People’s Court and the execution by the public security organ.

It is forbidden to illegally detain and illegally deprive or restrict citizens' personal freedom by other means, and illegally search citizens' bodies.

Article 38: The personal dignity of citizens of the People's Republic of China shall not be violated. It is forbidden to use any method to insult, slander, and falsely accuse citizens.

Article 39: The residences of citizens of the People's Republic of China shall be inviolable. It is prohibited to illegally search or trespass into citizens’ houses.

Article 40: The freedom and confidentiality of communications of citizens of the People’s Republic of China are protected by law. Except for the needs of national security or the pursuit of criminal offences, the public security organs or procuratorial organs shall inspect communications in accordance with the procedures prescribed by the law, no organization or individual may infringe on citizens’ freedom of communication and the confidentiality of communications for any reason.

Article 41 Citizens of the People’s Republic of China have the right to criticize and suggest any state agency and state functionary; for any state agency and state functionary’s illegal or dereliction of duty, they may lodge a complaint, accusation, or report to the relevant state agency Rights, but must not fabricate or distort facts to make false accusations.

For citizens’ complaints, accusations, or reports, relevant state agencies must ascertain the facts and be responsible for handling them. No one may suppress or retaliate.

People who have suffered losses due to violations of civil rights by state agencies and state officials have the right to obtain compensation in accordance with the law.

Article 42: Citizens of the People's Republic of China have the right and obligation to work.

The state uses various channels to create labor and employment conditions, strengthen labor protection, improve labor conditions, and on the basis of developing production, increase labor remuneration and welfare benefits.

Labor is the glorious duty of all citizens capable of labor. The laborers of state-owned enterprises and urban and rural collective economic organizations should treat their labor with the attitude of masters of the country. The state promotes socialist labor emulation and rewards model workers and advanced workers. The state encourages citizens to engage in voluntary labor.

The state provides necessary labor and employment training for citizens before employment.

Article 43: Workers in the People's Republic of China have the right to rest.

The state develops facilities for workers to rest and recuperate, and stipulates the working hours and vacation system of workers.

Article 44: The State implements a retirement system for employees of enterprises and institutions and staff of state organs in accordance with the provisions of the law. The lives of retirees are guaranteed by the state and society.

Article 45: Citizens of the People's Republic of China have the right to receive material assistance from the state and society in the case of old age, illness or loss of working ability. The country develops the social insurance, social relief, and medical and health services required for citizens to enjoy these rights.

The state and the society guarantee the lives of disabled soldiers, give care to the families of martyrs, and give preferential treatment to the families of soldiers.

The state and society help arrange the labor, life, and education of citizens who are blind, deaf, mute, and other disabled citizens.

Article 46: Citizens of the People's Republic of China have the right and obligation to receive education.

The state trains youth, adolescents, and children to develop comprehensively in terms of morality, intelligence, and physical fitness.

Article 47: Citizens of the People's Republic of China have the freedom to conduct scientific research, literary and artistic creation, and other cultural activities. The state encourages and assists citizens engaged in education, science, technology, literature, art, and other cultural undertakings that benefit the people’s creative work.

Article 48: Women of the People’s Republic of China shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life.

The state protects the rights and interests of women, implements equal pay for men and women for equal work, and trains and selects women cadres.

Article 49: Marriage, family, mothers and children shall be protected by the state.

Both spouses have the obligation to implement family planning.

Parents have the obligation to raise and educate minor children, and adult children have the obligation to support and support their parents.

It is forbidden to destroy the freedom of marriage, and to abuse the elderly, women and children.

Article 50: The People's Republic of China protects the legitimate rights and interests of overseas Chinese and the lawful rights and interests of returned overseas Chinese and their relatives.

Article 51: When citizens of the People's Republic of China exercise their freedoms and rights, they must not harm the national, social, and collective interests and the lawful freedoms and rights of other citizens.

Article 52: Citizens of the People's Republic of China have the obligation to maintain the unity of the country and the unity of all ethnic groups throughout the country.

Article 53: Citizens of the People’s Republic of China must abide by the Constitution and laws, keep state secrets, cherish public property, observe labor discipline, observe public order, and respect social ethics.

Article 54: Citizens of the People's Republic of China have the obligation to safeguard the security, honor and interests of the motherland, and must not commit acts that endanger the security, honor 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 glorious duty of citizens of the People's Republic of China to perform military service and participate in militia organizations in accordance with the law.

Article 56: Citizens of the People's Republic of China have the obligation to pay taxes in accordance with the law.

Chapter Three: National Institutions

Section 1 　 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 the Standing Committee of the National People's Congress exercise state legislative power.

Article 59: The National People's Congress is composed of deputies elected by provinces, autonomous regions, municipalities directly under the Central Government, special administrative regions, and the military. All ethnic minorities should have appropriate numbers of representatives.

The election of deputies to the National People's Congress is presided over by the Standing Committee of the National People's Congress.

The number of deputies to the National People's Congress and the method for the selection of deputies shall be prescribed by law.

Article 60: The term of office of the National People's Congress is five years.

Two months before the expiration of the term of office of the National People's Congress, the Standing Committee of the National People's Congress must complete the election of deputies to the next National People's Congress. If there is an extraordinary situation where elections cannot be held, the Standing Committee of the National People's Congress shall pass the approval by a majority of more than two-thirds of all members. The election may be postponed and the term of the current National People's Congress shall be extended. Within one year after the end of the extraordinary situation, the election of deputies to the next National People's Congress must be completed.

Article 61: The National People's Congress meeting is held once a year and is convened by the Standing Committee of the National People's Congress. If the Standing Committee of the National People's Congress deems it necessary, or if more than one-fifth of the representatives of the National People's Congress proposes, the National People's Congress may be convened temporarily.

When the National People's Congress holds a meeting, the presidium is elected to preside over the meeting.

Article 62 The National People's Congress shall exercise the following functions and powers:

(1) Amend the Constitution;

(2) Supervise the implementation of the Constitution;

(3) To formulate and amend criminal, civil, state agency and other basic laws;

(4) Election of the chairman and vice-chairmen of the People's Republic of China;

(5) According to the nomination of the President of the People's Republic of China, determine the candidates for the Premier of the State Council; based on the nomination of the Premier of the State Council, determine the candidates for the Vice Premier, State Councillors, ministers, directors of committees, auditors and secretary generals;

(6) Election of the chairman of the Central Military Commission; according to the nomination of the chairman of the Central Military Commission, determine the candidates for other members of the Central Military Commission;

(7) Election of the director of the National Supervision Commission;

(8) Election of the president of the Supreme People's Court;

(9) Election of the chief procurator of the Supreme People's Procuratorate;

(10) Review and approve the national economic and social development plan and the report on the implementation of the plan;

(11) Review and approve the state's budget and report on its implementation;

(12) To change or revoke inappropriate decisions of the Standing Committee of the National People's Congress;

(13) Approve the establishment of provinces, autonomous regions and municipalities directly under the Central Government;

(14) Decide on the establishment and system of special administrative regions;

(15) Decide on issues of war and peace;

(16) Other functions and powers that should be exercised by the highest organ of state power.

Article 63: The National People's Congress has the right to remove the following persons:

(1) The Chairman and Vice-Chairman of the People's Republic of China;

(2) The Premier, Vice Premiers, State Councilors, ministers, directors of various committees, auditors-general, and secretary-general of the State Council;

(3) Chairman of the Central Military Commission and other members of the Central Military Commission;

(4) Director of the National Supervision Commission;

(5) President of the Supreme People's Court;

(6) The chief procurator of the Supreme People's Procuratorate.

Article 64: Amendments to the Constitution shall be proposed by the Standing Committee of the National People’s Congress or by more than one-fifth of the representatives of the National People’s Congress, and approved by the National People’s Congress with a majority of two-thirds or more of all deputies.

Laws and other bills are passed by the National People's Congress with a majority of all deputies.

Article 65: The Standing Committee of the National People's Congress is composed of the following personnel:

Chairman,

Several Vice-Chairmen,

Secretary-General,

Several members.

Among the members of the Standing Committee of the National People's Congress, there should be an appropriate number of representatives of ethnic minorities.

The National People's Congress elects and has the power to remove members of the Standing Committee of the National People's Congress.

The members of the Standing Committee of the National People's Congress shall not hold positions in state administrative organs, supervisory organs, judicial organs and procuratorial organs.

Article 66 The term of office of the Standing Committee of the National People's Congress is the same as that of the National People's Congress. It shall exercise its powers until a new Standing Committee is elected by the next National People's Congress.

The chairman and vice-chairmen shall not serve more than two consecutive terms.

Article 67 The Standing Committee of the National People's Congress shall exercise the following functions and powers:

(1) Interpret the Constitution and supervise the implementation of the Constitution;

(2) Enacting and revising laws other than those that should be enacted by the National People's Congress;

(3) When the National People's Congress is not in session, make partial supplements and amendments to the laws formulated by the National People's Congress, but they must not contravene the basic principles of the law;

(4) Interpretation of the law;

(5) When the National People's Congress is not in session, review and approve the national economic and social development plan, and some adjustment plans that must be made during the implementation of the state budget;

(6) Supervise the work of the State Council, the Central Military Commission, the National Supervision Commission, the Supreme People's Court and the Supreme People's Procuratorate;

(7) Revocation of administrative regulations, decisions and orders made by the State Council that are inconsistent with the Constitution and laws;

(8) Revocation of local regulations and resolutions formulated by state power organs of provinces, autonomous regions, and municipalities that conflict with the Constitution, laws and administrative regulations;

(9) When the National People's Congress is not in session, in accordance with the nomination of the Premier of the State Council, determine the candidates for ministers, committee directors, auditors-general, and secretary-general;

(10) When the National People's Congress is not in session, according to the nomination of the chairman of the Central Military Commission, determine the candidates for other members of the Central Military Commission;

(11) According to the request of the director of the National Supervision Commission, the appointment and removal of the deputy directors and members of the National Supervision Commission;

(12) According to the request of the president of the Supreme People's Court, the vice presidents, judges, members of the adjudication committee and the president of the military court of the Supreme People's Court are appointed and removed;

(13) In accordance with the request of the chief procurator of the Supreme People’s Procuratorate, appoint and dismiss the deputy chief procurator of the Supreme People’s Procuratorate, prosecutors, members of the procuratorial committee, and chief procurator of the military procuratorate, and approve the appointment and removal of chief prosecutors of the people’s procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government;

(14) Decide on the appointment and removal of plenipotentiary representatives abroad;

(15) Deciding on the ratification and abolition of treaties and important agreements concluded with foreign countries;

(16) To stipulate the rank system of military and diplomatic personnel and other specialized rank systems;

(17) To stipulate and decide the medals and honorary titles awarded to the country;

(18) Decide on an amnesty;

(19) When the National People's Congress is not in session, if it encounters a situation in which the country suffers armed infringement or must fulfill the international treaty to prevent aggression, decide the declaration of the state of war;

(20) Decide on national mobilization or partial mobilization;

(21) Decide that the whole country or individual provinces, autonomous regions, and municipalities enter a state of emergency;

(22) Other functions and powers granted by the National People's Congress.

Article 68: The chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee of the National People's Congress and convenes a meeting of the Standing Committee of the National People's Congress. The vice chairman and secretary-general assist the chairman in his work.

The chairmen, vice-chairmen, and secretary-general form the chairmen's meeting to handle the important daily 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 and reports to the National People's Congress.

Article 70: The National People's Congress shall establish the Ethnic Committee, the Constitution and Law Committee, the Finance and Economic Committee, the Education, Science, Culture and Health Committee, the Foreign Affairs Committee, the Overseas Chinese Committee and other special committees that need to be established. When the National People's Congress is not in session, the special committees are under the leadership of the Standing Committee of the National People's Congress.

The special committees, under the leadership of the National People's Congress and the Standing Committee of the National People's Congress, study, deliberate, and draft relevant proposals.

Article 71: When the National People's Congress and the Standing Committee of the National People's Congress deem it necessary, they may organize an investigation committee on specific issues and make corresponding resolutions based on the report of the investigation committee.

When the investigation committee conducts an investigation, all relevant state agencies, social organizations, and citizens are obliged to provide it with necessary materials.

Article 72: Deputies to the National People's Congress and members of the Standing Committee of the National People's Congress have the right to put forward proposals that fall within the powers of the National People's Congress and the Standing Committee of the National People's Congress, respectively, in accordance with procedures prescribed by law.

Article 73 During the meeting of the National People’s Congress, the members of the Standing Committee of the National People’s Congress have the right to raise inquiries to the State Council or various ministries and committees of the State Council during the meeting of the Standing Committee. case. The agency questioned must be responsible for answering.

Article 74: Deputies to the National People's Congress shall not be arrested or subject to criminal trials unless approved by the Presidium of the National People's Congress, and during the period when the National People's Congress is not in session, without the approval of the Standing Committee of the National People's Congress.

Article 75: Speeches and votes made by deputies to the National People's Congress at various meetings of the National People's Congress shall not be subject to law enforcement.

Article 76: Deputies to the National People's Congress must exemplary abide by the Constitution and laws, keep state secrets, and assist in the implementation of the Constitution and laws in the production, work, and social activities in which they participate.

Deputies to the National People's Congress shall maintain close contact with the original electoral unit and the people, listen to and reflect the opinions and requirements of the people, and strive to serve the people.

Article 77: Deputies to the National People's Congress are subject to the supervision of the original electoral unit. The original electoral unit has the right to recall the representatives elected by the unit in accordance with the procedures prescribed by law.

Article 78: The organization and working procedures of the National People's Congress and the Standing Committee of the National People's Congress shall be prescribed by law.

Section 2 　President of the People's Republic of China

Article 79: The President and Vice-Chairmen of the People's Republic of China shall be elected by the National People's Congress.

Citizens of the People's Republic of China who have the right to vote and be elected and who have reached the age of forty-five years old can be elected as the president and vice-chairmen of the People's Republic of China.

The term of office of the President and Vice-Presidents of the People’s Republic of China is the same as that of the National People’s Congress.

Article 80 The President of the People’s Republic of China shall, in accordance with the decisions of the National People’s Congress and the Standing Committee of the National People’s Congress, promulgate laws to appoint and remove the Premier, Vice Premier, State Councillors, ministers, directors of the committees, auditors, and secretary-generals , Awarded national medals and honorary titles, issued an amnesty, declared a state of emergency, declared a state of war, and issued a mobilization order.

Article 81. The President of the People’s Republic of China shall represent the People’s Republic of China in state activities and accept foreign envoys; in accordance with the decisions of the Standing Committee of the National People’s Congress, dispatch and recall plenipotentiary representatives abroad, and approve and abolish treaties and important agreements concluded with foreign countries. agreement.

Article 82: The Vice-President of the People's Republic of China shall assist the Chairman in his work.

The Vice-Chairman of the People's Republic of China, entrusted by the Chairman, may perform part of the functions and powers of the Chairman.

Article 83: The chairman and vice-chairmen of the People's Republic of China shall exercise their powers until the chairman and vice-chairmen elected by the next National People's Congress take office.

Article 84: When the chairman of the People’s Republic of China is absent, the vice chairman shall succeed the chairman.

In the absence of the Vice-President of the People’s Republic of China, the National People’s Congress is elected by-election.

When the President and Vice-Presidents of the People's Republic of China are absent, the National People's Congress is elected by-election; before the by-election, the chairman of the Standing Committee of the National People's Congress temporarily acts as the chairman.

Section Three: National and Service Institute

Article 85: The State Council of the People’s Republic of China, the Central People’s Government, is the executive organ of the highest organ of state power and the highest administrative organ of the state.

Article 86: The State Council shall be composed of the following personnel:

Prime Minister,

Several deputy prime ministers,

Several members of the State Council,

Ministers,

Directors of the committees,

Auditor General,

Secretary General.

The State Council implements the Prime Minister's responsibility system. All ministries and committees implement the responsibility system of ministers and directors.

The organization of the State Council is prescribed by law.

Article 87: The term of office of the State Council is the same as the term of office of the National People's Congress.

The prime minister, deputy prime minister, and state councilor shall not serve more than two consecutive terms.

Article 88: The Premier shall lead the work of the State Council. The Deputy Prime Minister and State Councilor assist the Prime Minister in his work.

The Premier, Vice Premiers, State Councilors, and Secretary-General form the State Council Executive Meeting.

The Premier convenes and presides over the executive meeting of the State Council and the plenary meeting of the State Council.

Article 89: The State Council shall exercise the following functions and powers:

(1) In accordance with the Constitution and laws, stipulate administrative measures, formulate administrative regulations, and issue decisions and orders;

(2) To submit proposals to the National People's Congress or the Standing Committee of the National People's Congress;

(3) To stipulate the tasks and responsibilities of various ministries and committees, to uniformly lead the work of various ministries and committees, and to lead national administrative work that does not belong to the various ministries and committees;

(4) To unify the leadership of the work of the national administrative organs at various levels throughout the country, and to stipulate the specific division of the functions and powers of the central and the national administrative organs of provinces, autonomous regions, and municipalities;

(5) Preparation and implementation of national economic and social development plans and national budgets;

(6) Leading and managing economic work, urban and rural construction, and ecological civilization construction;

(7) Leading and managing education, science, culture, health, sports, and family planning work;

(8) Leading and managing civil affairs, public security, judicial administration, etc.;

(9) To manage foreign affairs and conclude treaties and agreements with foreign countries;

(10) Leading and managing national defense construction;

(11) Leading and managing ethnic affairs, guaranteeing the equal rights of ethnic minorities and the autonomy of ethnic autonomous areas;

(12) Protect the legitimate rights and interests of overseas Chinese, and protect the legitimate rights and interests of returned overseas Chinese and their relatives;

(13) Change or revoke inappropriate orders, instructions and regulations issued by various ministries and committees;

(14) To change or revoke inappropriate decisions and orders of local state administrative organs at various levels;

(15) Approve the regional division of provinces, autonomous regions, and municipalities directly under the Central Government, and approve the establishment and regional division of autonomous prefectures, counties, autonomous counties, and cities;

(16) Decide to enter a state of emergency in some areas within the limits of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the provisions of the law;

(17) Examining and approving the establishment of administrative agencies, appointing, dismissing, training, assessing, rewarding and punishing administrative personnel in accordance with the law;

(18) Other functions and powers granted by the National People's Congress and the Standing Committee of the National People's Congress.

Article 90 　 The ministers of the State Council and the directors of the committees are responsible for the work of their departments; convene and preside over ministerial meetings, committee meetings, and committee meetings to discuss and decide major issues in the work of their departments.

All ministries and committees issue orders, instructions, and regulations within the authority of the department in accordance with laws and administrative regulations, decisions, and orders of the State Council.

Article 91: The State Council shall establish an audit agency to audit and supervise the financial revenues and expenditures of various departments of the State Council and local governments at all levels, as well as the financial revenues and expenditures of state financial institutions and enterprises and institutions.

Under the leadership of the Premier of the State Council, the auditing agency independently exercises the power of auditing supervision in accordance with the provisions of the law, free from interference by other administrative agencies, social organizations and individuals.

Article 92 　The State Council shall be responsible to and report to the National People’s Congress; when the National People’s Congress is not in session, it shall report to the National People’s Congress.