(by the National People's Congress on December 4, 1982 and promulgated in December 4, 1982 the fifth session of the Fifth National People's Congress
According to the Seventh National People's Congress on April 12, 1988 the first meeting of the "People's Republic of China constitution amendment", Eighth National People's Congress on March 29, 1993 the first meeting of the "People's Republic of China constitution amendment", Ninth National People's Congress on March 15, 1999 by the second meeting of the "People's Republic of China constitution amendment", Tenth National People's Congress on March 14, 2004 the second meeting of the conference of the "People's Republic of China constitution amendment" and the Thirteenth National People's Congress on March 11, 2018 the first meeting of the "People's Republic of China constitution amendment" Amendment)
Catalog
Preface
The first chapter outline
Chapter two basic rights and obligations of citizens
Chapter three national institutions
The first day of the National People's Congress
The second section of the People's Republic of China president
The third section of the State Council
The fourth section of the Central Military Commission
Section fifth of the local people's congresses and local people's governments at all levels
The organs of self-government of the national autonomous areas Sixth
Section 7 Commission
The eighth section of people's court and the people's Procuratorate
The fourth chapter anthem, the national emblem and the capital
Preface
China is one of the oldest countries in the world. Chinese people work together to create a shine with great splendor culture and have a glorious revolutionary tradition.
After 1840, the feudal Chinese gradually turned into a semi colonial and semi feudal country. Fought bravely China people for national independence and liberation and for democracy and freedom.
In twentieth Century, the history of the great changes Chinese turn the world upside down.
The revolution of 1911 led by Mr. Sun Zhongshan, abolished the feudal monarchy and established the Republic of china. However, the historical task Chinese people against imperialism and feudalism is not complete.
In 1949, Chinese people led China Communist Party chairman Mao Zedong as its leader, after a long arduous and tortuous armed struggle and other forms of struggle, finally overthrew the rule of imperialism, feudalism and bureaucratic capitalism, won a great victory in the new democratic revolution and the establishment of People's Republic of China. Since then, China people have taken control of state power and become the masters of the country.
People's Republic of China after the establishment of our country society gradually achieved 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 exploitation of man has been eliminated, 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 in essence the dictatorship of the proletariat, has been consolidated and developed. China China people and the people's liberation army defeated imperialist and hegemonist aggression sabotage and armed provocation, to maintain national independence and security and enhance national defense. The economic construction has made significant achievements in socialist system of industry, independent and relatively complete has been basically formed, a marked increase in agricultural production. Educational, scientific and cultural undertakings have made great progress, and socialist ideological education has achieved remarkable results. The majority of people's lives have been greatly improved.
Chinese the victory of the new democratic revolution and the socialist cause of achievement, is the leadership of the Communist Party of Chinese China people of all ethnic groups in Marx Lenin's Mao Zedong, under the guidance of the ideology, uphold the truth, correct mistakes, and have overcome many hardships and dangers. China will stay in the primary stage of socialism. The basic task of the nation is China along the road of socialism with Chinese characteristics, to concentrate its efforts on socialist modernization. China people of all nationalities will continue to Chinese under the leadership of the Communist Party, Marx in the Lenin doctrine, Mao Zedong thought, Deng Xiaoping theory and "Three Represents", Scientific Outlook on Development, Xi Jinping Chinese new era of socialist ideological guidance, adhere to the people's democratic dictatorship, adhere to the socialist road, adhere to the reform and opening up, and constantly improve the socialist system, the development of socialism market economy, develop socialist democracy, improve the socialist rule of law, the implementation of the new concept of development, self-reliance, hard work, and gradually realize the industry, agriculture, national defense and science and technology modernization, promote the coordinated development of material civilization, political civilization, spiritual civilization, social civilization and ecological civilization, to build China into a prosperous democratic and civilized and harmonious beauty of the socialist modernization power, to achieve the great rejuvenation of the Chinese nation.
In our country, the exploit class has been eliminated, but the class struggle will continue to exist for a long time. Chinese people and try to undermine the socialist system of our country, the domestic and foreign hostile forces and elements must fight.
Taiwan is a part of the sacred territory of People's Republic of China. China is the sacred duty of all Chinese people including Taiwan compatriots the complete reunification of the motherland big industry.
Socialist construction must rely on the workers, peasants and intellectuals and to unite all forces that can be united. In the process of revolution, construction and Reform in the long term, there has been formed under the leadership of the Communist Party of Chinese, the democratic parties and people's organizations, including all socialist workers and builders of socialism and patriots who support socialism, support the reunification of the motherland and the great rejuvenation of the Chinese nation is committed to the patriot patriotic united front and this united front will continue to consolidate and develop. China people's Political Consultative Conference is a broadly representative organization of the United Front, has played an important role in history, in political and social life of the country and foreign friendly activities, in for socialist modernization and for the reunification and unity of the country in the struggle, will further play its important role. Multi-party cooperation and political consultation system under the leadership of the Communist Party of China will exist and develop for a long time.
People's Republic of China is the unity of the people of all ethnic groups together to create a multi-ethnic country. Equality, solidarity and harmonious socialist ethnic relations has been established, and will continue to strengthen. In the struggle to safeguard the unity of nationalities, to oppose big nation chauvinism, mainly Han chauvinism, and to combat local national chauvinism. The state will do its utmost to promote the common prosperity of all the nationalities.
China revolution, construction and reform achievement is with the support of the people of the world are inseparable. Chinese's future is closely linked with the future of the world together. Chinese adhere to an independent foreign policy, adhere to mutual respect for sovereignty and territorial integrity, non aggression, non-interference in each other's internal affairs, equality and mutual benefit, the five principles of peaceful coexistence, adhere to the road of peaceful development, adhere to the win-win strategy of opening up, developing diplomatic relations and economic and cultural exchanges, promote the construction of a common destiny of mankind; insist on against imperialism, hegemonism and colonialism, strengthen unity with the people of other countries, to support the just struggles of the oppressed nations and the developing countries to strive for and maintain national independence, national economic development, and efforts to safeguard world peace and promote the cause of human progress.
This Constitution in the form of law to confirm the struggles of the people of all ethnic groups Chinese achievements, defines the basic system and basic tasks of the state, is the fundamental law of the country, has the highest legal effect. The people of all nationalities, all state organs and armed forces, all political parties and public organizations and all enterprises and institutions must take the constitution as the basic standard of conduct, and the duty to uphold the dignity of the Constitution and ensure the implementation of the Constitution and responsibilities.
The first chapter outline
The first is the People's Republic of China people's democratic dictatorship led by the working class and based on the alliance of workers and peasants of the socialist country.
The socialist system is the basic system of People's Republic of China. China leadership of CPC is the most essential characteristics of socialism Chinese. Prohibits the destruction of the socialist system by any organization or individual.
All power belongs to the people of People's Republic of China second.
The National People's Congress and local people's congresses at various levels are the people exercise state power organs.
The people in accordance with the law, through various channels and forms, management of state affairs, manage economic and cultural undertakings and social affairs management.
Third People's Republic of China state agencies to implement the principle of democratic centralism.
The National People's Congress and local people's congresses at all levels are elected by the people responsible, under the supervision of the people.
The state administrative organs, supervision organs, judicial organs and procuratorial organs by the people's Congress, responsible for it, subject to its supervision.
Division of the central and local state organs, followed in the unified leadership of the central government, give full play to the initiative and enthusiasm of the local principle.
The fourth People's Republic of China national equality. The state protects the lawful rights and interests of the minority nationalities, maintenance and development of the ethnic equality solidarity and harmonious relations. The prohibition of discrimination and oppression of any nationality, prohibits the destruction of the unity of the nationalities or behavior.
According to the characteristics and needs of national minorities, the ethnic minority regions to help accelerate the development of economy and culture.
Regional autonomy is practiced in areas where people of minority nationalities, organs of self-government are established to exercise the power of autonomy. All national autonomous areas are integral parts of People's Republic of China.
The people of all nationalities to use and develop their own languages freely, have to keep or reform their own folkways and customs.
Fifth People's Republic of China implementation of the rule of law and building a socialist country ruled by law.
National unity and dignity of the socialist legal system.
All the laws, administrative regulations and local regulations may contravene the constitution.
All state organs, armed forces, political parties and social organizations, enterprises and institutions must abide by the Constitution and the law. All violations of the Constitution and the law must be investigated.
No organization or individual may be beyond the constitutional and legal privileges.
The basis of the socialist economic system of sixth People's Republic of China is the socialist public ownership, namely the state ownership and collective ownership. The socialist public ownership supersedes the system, implement the principle of distribution according to work, let each person do his best.
In the primary stage of socialism, adhere to the basic economic system of public ownership, the common development of multi ownership economy, adhere to the distribution system with distribution according to work as the main body, a variety of modes of distribution.
Article 7 the state-owned economy, socialist state ownership economy, is the leading force in the national economy. The state ensures the consolidation and development of the state-owned economy.
Article 8 the double management system of rural collective economic organizations to implement the household contract management as the foundation, unified. In rural production, supply and marketing, credit, consumption and other forms of cooperative economy, the socialist economy under collective ownership. To participate in the rural economic collectives have the right, within the limits prescribed by law, management of cropland and hilly household sideline production and livestock breeding.
The various forms of cooperative economy in the cities and towns in the handicraft, industrial, construction, transportation, commerce, service industry and other industries, is the socialist economy under collective ownership.
The state protects the lawful rights and interests of the urban and rural collective economic organizations, encourage, guide and help the development of collective economy.
Natural resources ninth minerals, water, forests, mountains, grasslands, waste lands and beaches, all belong to the state, by the all; prescribed by law belong to the collective forests and mountains, grassland, wasteland, except for the beach.
The state ensures the rational use of natural resources, protection of rare animal and plant. Any organization or individual is prohibited to use any means to invade or the destruction of natural resources.
Tenth city land owned by the state.
Land in rural and suburban areas of the city, in addition to the legal provisions other than those owned by the state, collectives; land and cropland and hilly, also belong to the collective.
The country needs in the public interest, can expropriate the land and give compensation in accordance with the law.
No organization or individual may encroach upon, the sale or other forms of illegal transfer of land. Land use rights can be transferred according to law.
All organizations and individuals using land must make rational use of land.
Eleventh in the range of individual economy, private economy and other non-public economy law, is an important part of the socialist market economy.
The state protects the lawful rights and interests of the individual economy, private economy and other non-public sectors of the economy. The State encourages the development, support and guide non-public economy, and the non-public economy shall carry out supervision and management.
Twelfth socialist public property is inviolable.
The state protects socialist public property. Any organization or individual is prohibited by any means of appropriation or damaging of state or collective property.
Thirteenth citizens of lawful private property is inviolable.
In accordance with national legal provisions for the protection of citizens to inherit private property right.
The country needs in the public interest, can be imposed on the private property of citizens or expropriation and compensation in accordance with the law.
Fourteenth countries by improving the enthusiasm of the workers and technical level, promotion of advanced science and technology, improve the economic management system and enterprise management system, implement various forms of socialist system, improving the organization of work, to improve labor productivity and economic benefits, the development of social productive forces.
National austerity against waste.
National reasonable arrangement, accumulation and consumption, both national, collective and individual interests, on the basis of the development of production, gradually improve the people's material and cultural life.
The State shall establish and perfect the level of economic development of the social security system.
Article fifteenth the State practices the socialist market economy.
The state strengthens economic legislation, improve macroeconomic regulation and control.
The State shall prohibit any organization or individual to disrupt social economic order.
Sixteenth state enterprises have decision-making power in operation and management within the limits prescribed by law.
The state-owned enterprises in accordance with the law, through the staff and workers' Congress and other forms, carry out democratic management.
Seventeenth collective economic organization in the premise of abide by the relevant laws, self sovereign and independent economic activities.
Collective economic organizations practise democratic management in accordance with the law, elect or remove their managerial personnel and deciding on major issues of management.
Article 18 People's Republic of China allows foreign enterprises and other economic organizations or individuals in accordance with the provisions of the laws of People's Republic of China in Chinese investment, with China enterprises or other economic organizations in various forms of economic cooperation.
Foreign enterprises in Chinese territory and other foreign economic organizations as well as Chinese foreign joint ventures, People's Republic of China must abide by the law. Their lawful rights and interests are protected by the laws of People's Republic of China.
The nineteenth national development of socialist education and works to raise the scientific and cultural level of people across the country.
The country held a variety of schools, popularization of compulsory primary education, secondary education, occupation education and higher education, and the development of preschool education.
The state develops educational facilities, eliminating illiteracy, for workers, farmers, state functionaries and other workers in the political, cultural, scientific, technical and professional education, encourage the self-taught.
The State encourages the collective economic organizations, state enterprises and institutions and other social forces to set up educational institutions of various types in accordance with the law.
Popularizing Putonghua nationwide.
Natural science and social science development in twentieth countries, popularize knowledge of science and technology, achievements in scientific research and technological inventions.
The development of medical and health undertakings in twenty-first countries, the development of modern medicine and traditional Chinese medicine, to encourage and support the rural collective economic organizations, held various medical and health facilities by state enterprises and institutions and neighborhood organizations, to carry out mass health activities, to protect the people's health.
The national sports development, to carry out mass sports activities to enhance the people's physique.
The twenty-second national development and serving the people and socialism literature and Art Press, radio and television broadcasting, publishing and distribution services, libraries, museums and cultural centres and other cultural undertakings, to carry out mass cultural activities.
The state protects the precious cultural relics, places of historic interest and scenic beauty and other important historical and cultural heritage.
Article twenty-third country to cultivate professional personnel in all fields who serve socialism, increases the number of intellectuals and creates conditions to fully play their role in socialist modernization.
The twenty-fourth countries through popularizing the ideal education, moral education, culture and education, discipline and legal education, through the development and implementation of various rules and conventions of the people in urban and rural areas, strengthen the construction of socialist spiritual civilization.
National advocacy of socialist core values, advocating love the motherland, love people, love labor, love science, love socialism morality, in people's patriotism, collectivism and socialism, communism education, dialectical materialism and historical materialism education, feudal and other decadent thought.
Article twenty-fifth country to carry out the family planning, population growth and economic and social development plans to adapt.
Article twenty-sixth country to protect and improve the living environment and ecological environment, prevent pollution and other public hazards.
National organizations and encourages afforestation and protection of forests.
Twenty-seventh all state organs carry out the principle, the system of responsibility for work, the implementation of staff training and appraisal system, and continuously improve the quality of work and efficiency and bureaucracy.
All state organs and functionaries must rely on the support of the people, keep in close contact with the people, listen to their opinions and suggestions, and accept the supervision of the people, to serve the people.
State functionaries shall be open to the public in accordance with the law in the constitution.
Article 28 the state maintains social order, treasonable and other criminal activities endangering State security, sanctions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes criminal.
Article 29 the People's Republic of China armed forces belong to the people. Its task is to consolidate national defense, resist aggression, defend the motherland, safeguard the people's peaceful labour, participate in national construction and strive to serve the people.
The state strengthens the armed forces more revolutionary, modernized and standardized construction, strengthen the national defense forces.
The following article 30 the administrative division of People's Republic of China:
(a) the country is divided into provinces, autonomous regions and municipalities directly under the central government;
(two) provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities;
(three) counties and autonomous counties are divided into townships, nationality townships and towns.
Municipalities and large 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 national autonomous areas.
The thirty-first countries have set up special administrative regions when necessary. In the implementation of the Special Administrative Region of the system in accordance with the specific circumstances of the National People's Congress on the law.
The legitimate rights and interests of the thirty-second foreigners in the territory of People's Republic of China to protect the China, foreigners in China territory must abide by the laws of People's Republic of China.
People's Republic of China for political reasons because foreigners seek asylum, can grant asylum.
Chapter two basic rights and obligations of citizens
Thirty-third whoever has the nationality of People's Republic of China people are citizens of People's Republic of China.
People's Republic of China citizens are equal before the law.
The state respects and safeguards human rights.
Every citizen is entitled to rights under the Constitution and the law, and must fulfill the obligations stipulated by constitution and law.
Thirty-fourth People's Republic of China citizens eighteen years of age, regardless of nationality, race, Gender, occupation, family background, religious belief, education, property status and length of residence, have the right to vote and to be elected; except in accordance with legal persons deprived of political rights.
Thirty-fifth People's Republic of China citizens enjoy freedom of speech, press, assembly, association and demonstrations, freedom.
Thirty-sixth People's Republic of China citizens have the freedom of religious belief.
No state organ, social organization or individual may compel citizens to believe or not to believe in a religion, citizens shall not be discriminated against religious and non religious citizens.
The state protects normal religious activities. No one may disrupt public order, impair the health of citizens or interfere with the educational system of the state by religion.
Control of religious bodies and religious affairs are not subject to any foreign forces.
The thirty-seventh People's Republic of China citizens freedom of the person.
Any citizen, or decision of the people's Procuratorate or the people's court decision, and executed by the public security organs, from arrest.
Unlawful detention or deprivation or by other means of illegal restriction of personal freedom of citizens, unlawful search of the body of citizens.
The dignity of thirty-eighth People's Republic of China citizens are not violated. Prohibition of civil insult, slander and false accusation in any way.
Thirty-ninth People's Republic of China citizens are inviolable. Illegal search or trespass prohibited residential citizens.
Freedom and privacy of correspondence of fortieth People's Republic of China citizens are protected by the law. Except for the needs of state security or of criminal investigation, by inspection of the communication security or procuratorial organs in accordance with legal procedures, any organization or individual shall not be any reason to infringe freedom and privacy of correspondence of citizens.
Forty-first People's Republic of China citizens of any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or exposures of the rights to the relevant state organs, but no fabrication or distortion of facts for false accusation.
For citizen complaints, charges or exposures, relevant state organs must ascertain the facts, responsible for handling. No one may suppress or take revenge.
As the staff of state organs and civil rights violations and damage to the people, have the right to compensation in accordance with the law.
Forty-second People's Republic of China citizens have the right and obligation of labor.
The state through various means, to create conditions for employment, strengthen labor protection, improve working conditions, and on the basis of the development of production, improve labor remuneration and welfare benefits.
Work is the glorious duty of every able-bodied citizen. Workers in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country attitude. The state promotes socialist labor emulation, reward model and advanced workers. The State encourages citizens to take part in voluntary labor.
The state provides necessary vocational training for citizens before they are employed.
Forty-third People's Republic of China workers have the right to rest.
The national development and the rest and recuperation of the facilities and prescribes working hours and vacation system.
Forty-fourth countries in accordance with the legal provisions of the implementation of workers and staff members of state organs of enterprises and institutions of the retirement system. The life of the retired personnel is ensured by the state and society.
Forty-fifth People's Republic of China citizens in old age, illness or incapacity of the case is to obtain material assistance from the state and social rights. The national development for citizens to enjoy this right to social insurance, social relief and medical and health services.
The national social security and diplomatic personnel and provide pensions to the families of martyrs, for the families of military personnel.
The state and society to help arrange a blind, deaf, mute and other handicapped citizens work, life and education.
Forty-sixth People's Republic of China citizens have the right and obligation to receive education.
The national training of children and young people in the moral, intellectual, physical and other aspects of a comprehensive development.
Forty-seventh People's Republic of China citizens have to engage in scientific research, literary and artistic creation and other cultural activities free. Creative work for countries engaged in education, science, technology, literature, art and other cultural undertakings of the citizens for the benefit of the people, encourage and help.
Forty-eighth People's Republic of China women in all aspects of political, economic, cultural, social and family life, enjoy equal rights with men.
The state protects the rights and interests of women, the implementation of equal pay for equal work, training and selection of women cadres.
Forty-ninth marriage, the family and mother and child are protected by the state.
The couple have the duty to practise family planning.
Parents have the custody of minor children of compulsory education, adult children have the duty to support and assist their parents.
No violation of the freedom of marriage, prohibition of abuse of the elderly, women and children.
Fiftieth People's Republic of China to protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives.
Fifty-first People's Republic of China citizens in exercising their rights and freedoms, must not harm national, social and collective interests and other citizens legitimate freedom and rights.
Fifty-second People's Republic of China citizens have to safeguard national unity and the unity of all its nationalities duty.
Fifty-third People's Republic of China citizens must abide by the Constitution and the law, keep state secrets, protect public property, to comply with labor discipline, observe public order and respect social morality.
Fifty-fourth People's Republic of China citizens have to safeguard the security, honor and interests of the obligation, not to harm the motherland security, honor and interests behavior.
Fifty-fifth to defend the motherland and resist the invasion of People's Republic of China is the sacred duty of every citizen.
In accordance with the law of military service and join the militia is the glorious duty of citizens of People's Republic of China.
Fifty-sixth People's Republic of China citizens have the obligation to pay taxes in accordance with the law.
The third chapter of national institutions
The first day of the National People's Congress
Fifty-seventh People's Republic of China National People's Congress is the highest organ of state power. Its permanent body is the Standing Committee of the National People's congress.
The Standing Committee of the fifty-eighth National People's Congress and the National People's Congress shall exercise the legislative power of the state.
The fifty-ninth National People's Congress is composed of representatives of the provincial, autonomous regions and municipalities directly under the central government, Special Administrative Region and the military selected. On behalf of all the minority nationalities are entitled to appropriate.
The National People's Congress election by the Standing Committee of the National People's Congress presided.
The National People's Congress election of deputies to the prescribed by law.
The term of office of the sixtieth National People's Congress for five years.
The National People's Congress two months before the expiration of the term of office, the Standing Committee of the National People's Congress must be the next National People's Congress of the election. If you can't vote very, most of the above by the Standing Committee of the National People's Congress to all members of the 2/3 pass, can postpone the election, the National People's Congress extended the term. In the year after the very situation, must be the next National People's Congress of the election.
The sixty-first session of the National People's Congress held once a year, 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 more than 1/5 of the deputies to the National People's Congress proposal may be convened sessions of the National People's congress.
When the National People's Congress held a meeting of the presidium, election.
The sixty-second National People's Congress shall exercise the following powers:
(a) to amend the constitution;
(two) to supervise the enforcement of the constitution;
(three) the formulation and revision of criminal and civil affairs, the state organs and other basic laws;
(four) vice chairman, chairman of the People's Republic of China election;
(five) according to the People's Republic of China president's nomination, the decision of the State Council prime minister; nomination by the premier, decided Vice Premier of the State Council, State Councilor and ministers of ministries or commissions, the auditor general and the Secretary General;
(six) the election of the chairman of the Central Military Commission; according to the chairman of the Central Military Commission of the Central Military Commission decided to nominate other members of the;
(seven) the director of national electoral commission;
(eight) to elect the president of the Supreme People's court;
(nine) election of the Supreme People's procuratorate;
(ten) to examine and approve the plan for national economic and social development and the implementation of the plan;
(eleven) the budget and the implementation of the national examination and approval report;
(twelve) change or decided to withdraw from the National People's Congress Standing Committee is not appropriate;
(thirteen) approved by the provincial, autonomous regions and municipalities directly under the central government;
(fourteen) the establishment of the Special Administrative Region and its decision system;
(fifteen) decide on questions of war and peace;
(sixteen) should be the other is the supreme organ of state power.
The sixty-third National People's Congress has the power to remove from office:
(a) the chairman, vice chairman of People's Republic of China;
(two) the premier, vice premiers, State Councilors, ministers of ministries or commissions, the auditor general and the Secretary general;
(three) the Central Military Committee Chairman and other members of the Central Military commission;
(four) the director of the national commission;
(five) the president of the Supreme People's court;
(six) the Supreme People's procuratorate.
Sixty-fourth amendments to the constitution proposed by the representative of the Standing Committee of the National People's Congress or more than 1/5 of the National People's Congress, and by the National People's Congress by a majority of all the deputies by above 2/3.
Laws and resolutions by the National People's Congress, a majority vote of all the deputies.
The Standing Committee of the sixty-fifth National People's Congress is composed of the following:
The chairman,
The vice chairmen,
Secretary general，
Some members.
The members of the Standing Committee of the National People's Congress, there shall be an appropriate number of Deputies of minority nationalities.
The members of the National People's Congress election and have the right to recall the National People's Congress Standing committee.
The members of the Standing Committee of the National People's Congress shall not act as state administrative organs, supervision organs, judicial organs and procuratorial organs.
The Standing Committee of the sixty-sixth National People's Congress of the National People's Congress, it shall exercise its functions and powers to the next session of the National People's Congress of their standing committees.
The chairman and vice chairmen shall serve no more than two consecutive session.
The Standing Committee of the sixty-seventh National People's Congress shall exercise the following powers:
(a) the interpretation of the constitution, supervise the enforcement of the constitution;
(two) the formulation and revision in addition to other laws enacted by the National People's Congress of the law;
(three) session of the National People's Congress, and amend the laws enacted by the National People's Congress, but not with the basic principles of the law of conflict;
(four) the interpretation of the law;
(five) session of the National People's Congress, examine and approve the adjustment plan for national economic and social development, the state budget in the implementation process must be done;
(six) the supervision of the State Council and the Central Military Commission, the State Commission, the Supreme People's court and the Supreme People's Procuratorate work;
(seven) the State Council revoked that contravene the constitution or the law of the administrative regulations, decisions and orders;
(8) to revoke the organs of state power of provinces, autonomous regions and municipalities directly under the central government formulated with the constitution, laws and administrative regulations contravene local regulations and resolutions;
(nine) session of the National People's Congress, according to the nomination by the premier, decided ministerial commissions, the auditor general and the Secretary General;
(ten) session of the National People's Congress, according to the chairman of the Central Military Commission of the Central Military Commission decided to nominate other members of the;
(11) according to the director of the National Commission for the appointment and removal of the National Deputy Director and member of the supervisory committee;
(twelve) according to the president of the Supreme People's court, the Supreme People's court appointed Vice President, members of its judicial committee and the president of the military court;
(thirteen) according to the Supreme People's Procuratorate to the appointment and removal of the Supreme People's Procuratorate deputy chief procurators, procurators, procurators members of the procuratorial committee and the military Procuratorate, and to approve the provinces, autonomous regions and municipalities directly under the people's Procuratorate of the appointment;
(fourteen) the decision on appointment of plenipotentiary representatives abroad;
(fifteen) decision of treaties and important agreements concluded with foreign States approved and abolished;
(sixteen) and diplomatic personnel rank system and other special rank system;
(seventeen) provisions and decisions confers state medals and titles of honor;
(eighteen) pardon;
(nineteen) session of the National People's Congress, if you encounter an armed attack on the country or in fulfilment of international common defence against aggression treaty, the proclamation of a state of war;
(twenty) decides on general or partial mobilization;
(twenty-one) decision of the national or individual provinces, autonomous regions and municipalities directly under the state of emergency;
(twenty-two) other powers granted by the National People's congress.
The chairman of the Standing Committee of the sixty-eighth National People's Congress presided over the Standing Committee of the National People's Congress, convened a meeting of the Standing Committee of the National People's congress. The vice chairmen and the Secretary General assist the chairman in his work.
The chairman, vice chairmen and the Secretary General constitute the Council of chairmen, handle the important day-to-day work of the Standing Committee of the National People's congress.
The Standing Committee of the sixty-ninth National People's Congress shall be responsible and report to the National People's congress.
The seventieth National People's Congress set up a Special Committee National Committee, the Constitution and the Law Committee, a finance and Economic Committee, education science, culture and public health committee, a Foreign Affairs Committee, and other needs of the establishment of overseas Chinese committee. In the National People's Congress is not in session, the special committee of the Standing Committee of the National People's Congress leadership.
The special committee under the leadership of the Standing Committee of the National People's Congress and the National People's Congress, research, review and draft resolutions.
The Standing Committee of the seventy-first National People's Congress and the National People's Congress believes that when necessary, organize an investigation committee on specific questions, and according to the report of the investigation committee, make corresponding resolutions.
The investigation committee investigation, all relevant state organs, social organizations and citizens have the obligation to provide the necessary material to it.
The members of the Standing Committee of the 72 Deputies to the National People's Congress and the National People's Congress have the right, in accordance with legal procedures are proposed within the purview of the Standing Committee of the National People's Congress and the National People's Congress in motion.
During the period of Article 73 of the National People's Congress meeting in the National People's Congress, members of the Standing Committee of the National People's Congress meeting of the Standing Committee have the right, in accordance with legal procedures of the State Council or the ministries and commissions will question the case. The authorities must be responsible to answer the questions.
Article 74 of the National People's Congress, without the consent of the chairman of the National People's Congress intersessional group, without the consent of the Standing Committee of the National People's Congress in the National People's Congress may be arrested or criminal trial.
Article 75 Deputies to the National People's Congress meetings speeches or votes from legal action.
The seventy-sixth National People's Congress must play an exemplary role in abiding by the Constitution and the law, keep state secrets, and in the production, work and social activities to participate in, to assist in the implementation of the Constitution and the law.
The National People's Congress should maintain close contact with the units that elected them and people, listen to and reflect the opinions and demands of the people, to serve the people.
The seventy-seventh National People's Congress under the supervision of the units that elected. On behalf of the electoral units have the right in accordance with the procedures prescribed by law, to recall the selected units.
The organization and working procedures of the Standing Committee of the Seventy-eighth National People's Congress and the National People's Congress by law.
The second section of the People's Republic of China president
Vice chairman of Article 79, chairman of People's Republic of China by the National People's Congress election.
Have the right to vote and to be elected who have reached the age of 45 People's Republic of China citizens can be elected as chairman, vice chairman of People's Republic of China.
The chairman, vice chairman of the People's Republic of China term as the National People's congresses at the same.
Article 80 in People's Republic of China according to the chairman of the National People's Congress Standing Committee of the National People's Congress decision and decision, announced the law, premier of the State Council, appointed Deputy Prime Minister and state councilor, ministers of ministries or commissions, the auditor general and the secretary general, awarded the national medal and the honorary title, issued an amnesty, declared an emergency state, declare a state of war, issued a mobilization order.
Article 81 the president of People's Republic of China on behalf of People's Republic of China, state activities, receiving foreign envoys; according to the Standing Committee of the National People's Congress decided to appoint and recall plenipotentiary representatives abroad, ratify and abrogate treaties and important agreements.
Article 82 of People's Republic of China vice president to assist the president in the work.
Commissioned by the chairman and vice chairman of People's Republic of China, can be part of the powers of the acting chairman.
Eighty-third People's Republic of China to exercise the functions and powers of the president and vice president of the National People's Congress elected the next president and vice - president.
When the eighty-fourth president of the People's Republic of China market, by the vice president as chairman.
When the absence of the vice president of People's Republic of China, elected by the National People's congress.
When both the president and the vice president of the People's Republic of China market, from National People's Congress; prior to such election, the chairman of the Standing Committee of the National People's Congress long temporarily act as the president.
The third section of the State Council
Article 85 in People's Republic of China under the State Council or the Central People's government, is the executive body of the highest organ of state power, is the highest organ of state administration.
Article 86 the State Council is composed of the following:
The prime minister,
The vice premiers,
State Councilor of several people,
The minister,
The director of the committee,
The auditor general,
Secretary general。
The Prime Minister of the State Council is responsible for implementation of system. The ministries and commissions under secretary, the director responsibility system.
The relevant provisions of the state council.
Article eighty-seventh the State Council term as the National People's congresses at the same.
The premier, vice premiers and State Councillors shall serve no more than two consecutive terms.
The eighty-eighth Prime Minister led the work of the state council. The vice premiers and State Councillors assist the premier in his work.
The prime minister, deputy prime minister, state councilor, Secretary General of the State Council executive meeting.
The Premier shall convene and preside over the executive meeting of the State Council and plenary meeting of the state council.
Eighty-ninth of the State Council shall exercise the following powers:
(a) according to the provisions of the Constitution and laws, administrative measures, enact administrative rules and regulations and issue decisions and orders;
(two) proposed a bill to the Standing Committee of the National People's Congress or the National People's congress;
(three) the provisions of the ministries and commissions of the tasks and responsibilities of the unified leadership of the work of the ministries and commissions, and the leadership of the ministries and the national administrative work;
(four) the unified leadership of the local state administrative organs at various levels, specific division of state administrative organs and the central provinces, autonomous regions and municipalities directly under the authority;
(five) the preparation and implementation of national economic and social development plan and the state budget;
(six) the leadership and management of economic and urban construction, the construction of ecological civilization;
(seven) the leadership and management of education, science, culture, health, sports and family planning work;
(eight) civil affairs, public security and judicial administration work;
(nine) the management of foreign affairs and conclude treaties and agreements with foreign states;
(ten) the leadership and management of national defense construction;
(eleven) the leadership and management of national affairs, safeguard the equal rights of minority nationalities and ethnic regional autonomy;
(twelve) to protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives;
(thirteen) the change or cancellation of the ministries and commissions issued inappropriate orders, directives and regulations;
(fourteen) to alter or annul inappropriate decisions and orders issued by local administrative organs of state;
(fifteen) approved by the regional division of provinces autonomous regions and municipalities directly under the central government, establishment and approval of regional division of autonomous prefectures, counties, autonomous counties and cities;
(sixteen) in accordance with the law determines the state of emergency province autonomous region or municipality directly under the central government within;
(seventeen) the preparation of audited administrative agencies in accordance with the provisions of law, appointment, training, assessment and reward of administrative personnel;
(eighteen) other functions and powers granted by the Standing Committee of the National People's Congress and the National People's congress.
Chairman of the Committee of ninetieth ministers of State Department, responsible for the work of the Department; convene and preside over ministerial meetings or Commission meetings, to discuss and decide on major issues in the work of their respective departments.
The ministries and commissions of the State Council in accordance with the laws and administrative regulations, decisions and orders, within the limits of its authority, issue orders, directives and regulations.
Article ninety-first the State Council establishes an auditing body for fiscal departments under the State Council and local governments at all levels, on the country's financial institutions and enterprises of the financial revenue and expenditure audit supervision.
The auditing organ under the leadership of the premier of the State Council, in accordance with the law shall independently exercise their power of supervision through auditing, not by other administrative organs, social organizations and individuals to interfere.
Article ninety-second the State Council is responsible and report its work to the National People's Congress is not in session; in the National People's Congress, the Standing Committee of the National People's Congress is responsible and report.
The fourth section of the Central Military Commission
Ninety-third People's Republic of China the Central Military commission.
The Central Military Commission is composed of the following:
Chairman，
Vice chairmen,
Some members.
The chairman of the Central Military commission.
The term of office of the Central Military Commission of the National People's congresses at the same.
The ninety-fourth chairman of the Central Military Commission is responsible to the Standing Committee of the National People's Congress and the National People's congress.
Section fifth of the local people's congresses and local people's governments at all levels
Ninety-fifth provinces, municipalities, counties, cities and municipal districts, townships, nationality townships and towns set up people's Congress and the people's government.
The local people's congresses and local people's governments at all levels of the organization by law.
The organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties. The organization and work of the organs of self-government in accordance with the basic principles of Chapter III of the Constitution in sections 5 and 6 of the provisions prescribed by law.
Article96 local people's congresses at various levels are local organs of state power.
At or above the county level shall be established by local people's congresses standing committee.
Article 97 of provinces, municipalities directly to the people's Congress of a lower level people's Congress election; the people's Congress of a county, a city not divided into districts, municipal districts, townships, nationality townships and towns shall be elected directly by voters.
A local people's Congress election of deputies to the prescribed by law.
The term of office of ninety-eighth local people's congresses at various levels for five years.
Ninety-ninth local people's congresses at various levels in the administrative area, ensure the observance and implementation of the constitution, laws and administrative regulations; in accordance with the law the authority, and the issue resolution, examination and decision of the local economic construction, cultural construction and public facilities construction plan.
The local people's congresses at or above the county level of the examination and approval of the administrative region of the national economic and social development plans, budgets and their implementation of the report; and have the power to alter or revoke the decision of the Standing Committee of the people's Congress is not appropriate.
The people's congresses of nationality townships may in accordance with the law the authority to take specific measures suited to the characteristics of the nationalities.
100th provinces and municipalities directly under the central government of the people's congresses and their standing committees, on the premise of the constitution, laws and administrative regulations conflict, may adopt local regulations, submitted to the Standing Committee of the National People's Congress for the record.
Located in the City District People's congresses and their standing committees, based on the local regulations of the constitution, laws and administrative regulations of the province, autonomous region and the conflict, in accordance with the law to formulate local regulations, report implementation of the province or autonomous region people's Congress Standing Committee after approval.
101st local people's congresses at various levels elect and have the power to recall the people's Government of the governor and deputy governor, mayor and deputy mayor, governor and deputy governor, mayor and vice mayor, mayor and deputy mayor, mayor and vice mayor.
The local people's congresses at or above the county level shall elect and have the power to recall, the director of the Commission of the people's courts and the chief procurators of the people's Procuratorate long. The election or recall of chief procurators of people's Procuratorate shall be reported to the superior people's Procuratorate approved by the Standing Committee of the people's congress.
The people's Congress of the 102nd districts of the province, municipality directly under the central government, represented by the supervision of the units that elected; the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships and towns represent the supervision by the constituency.
Electoral units and voters in the local people's congresses at various levels have the right in accordance with the procedures prescribed by law, which elect deputies.
103rd at or above the county level of the local people's Congress Standing Committee by the director and deputy director of and a number of members of the people's Congress, responsible and report.
The members of the local people's congresses at or above the county level shall have the right to recall elections and the Standing Committee of the people's congress.
The members of the Standing Committee of the local people's congresses at or above the county level shall not act as the state administrative departments, supervision organs, judicial organs and procuratorial organs.
104th at or above the county level of the local people's Congress Standing Committee to discuss and decide on major issues in all aspects of work within their respective administrative areas; the supervision of the people's government, the Commission and the people's court and the people's Procuratorate work; inappropriate decisions and orders of the people's Government revoked; revoked the people's Congress at the next lower level of the appropriate resolution; decided to appoint and dismiss the staff of state organs as prescribed by law; when the people's Congress is not in session, individual representatives and removal of the people's congresses at the next election.
105th local people's governments at all levels are the executive organs of the local organs of state power, is the local state administrative organs.
The local people's governments at all levels to implement the responsibility system of governor, mayor, governor, mayor, mayor, mayor.
106th local people's governments at all levels with the term of office of the people's congresses at the same.
Article one hundred and seven the local people's governments at or above the county level authority in accordance with the provisions of law, management of the administrative areas of the economy, education, science, culture, health and sports, urban and rural development, finance, civil affairs, public security, national affairs, judicial administration, family planning and other administrative work, issue decisions and orders, appointment, training, assessment and reward of administrative staff.
The people's governments of townships, nationality townships and towns execute the resolutions of the people's Congress and the state administrative organs of the decisions and orders of the management of administrative work in their respective administrative areas.
The people's governments of provinces and municipalities directly under the decision of the establishment and geographic division of townships, nationality townships and towns.
Article one hundred and eight the local people's governments at or above the county level leadership departments and the people's governments at lower levels, have the right to change or cancel their subordinate departments and the people's governments at lower levels of inappropriate decisions.
Article one hundred and nine auditing bodies are established by local people's governments at or above the county level. Local audit institutions at various levels in accordance with the law shall independently exercise their power of supervision through auditing, responsible to the people's government at the corresponding level and the auditing organ at the next higher level.
110th local people's governments at all levels shall be responsible and report on the work of the people's congress. During the period of the local people's governments at or above the county level is in the people's Congress, the Standing Committee of the people's Congress is responsible and report.
The local people's governments at all levels of administrative organs on a national level are responsible and report on their work. The local people's governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to the state council.
111st city and rural residential areas set up by the residents' committee or villagers' committee is the grassroots autonomous organizations. The residents' committee, villagers' committee director, deputy director and members are elected by the residents.Relationship between the residents and villagers committees and the grass-roots political power by law.
The residents and villagers committees set up people's mediation, public security, public health and other matters, for the residential area of public affairs and public welfare undertakings, mediate civil disputes, help maintain public order and to reflect the opinions of the masses, to the people's government requirements and recommendations.
The organs of self-government of the national autonomous areas Sixth
The organs of self-government of the national autonomous areas are 112nd autonomous regions, autonomous prefectures and Autonomous County People's Congress and the people's government.
113rd autonomous regions, autonomous prefectures and Autonomous County People's Congress, in addition to representatives of the ethnic groups exercising regional autonomy, on behalf of the other living in the administrative areas of the nation are also entitled to appropriate.
The Standing Committee of the people's Congress of the autonomous region, autonomous prefecture or autonomous county shall be a citizen of the nationality exercising regional autonomy as the director or deputy director.
The 114th chairman of the autonomous region, autonomous prefecture or autonomous county shall be a citizen of the ethnic autonomous region.
Local organs of state organs of self-government in 115th autonomous regions, autonomous prefectures and Autonomous County of the third chapter of fifth exercise of constitutional provisions of the authority, and in accordance with the provisions of the constitution, the law on regional national autonomy and other legal powers, according to the local actual situation of the implementation of the laws and policies of the state.
116th people's congresses of national autonomous areas have the right in accordance with the characteristics of the local ethnic political, economic and cultural, to formulate autonomous regulations and separate regulations. The autonomous regulations and separate regulations of the autonomous regions, submitted to the Standing Committee of the National People's Congress for approval. The autonomous autonomous prefecture or autonomous county and separate regulations of the Standing Committee of the people's Congress of the province or autonomous region for approval, and report to the Standing Committee of the National People's Congress for the record.
117th the organs of self-government of the national autonomous areas have the autonomy of local financial management. All in accordance with the financial system of the state revenues accruing to the national autonomous areas, should be managed and used independently by the organs of self-government of the national autonomous areas.
Article one hundred and eighteen of the national autonomous areas under the guidance of state plans, independently arrange for and administer local economic development.
When the national development in the autonomous resources, local construction enterprises, should take care of the interests of national autonomous areas.
Article one hundred and nineteen the organs of self-government of the national autonomous areas independently administer the local education, science, culture, health and sports, protection and arrangement of national cultural heritage, development and prosperity of national culture.
120th of the national autonomous areas in accordance with the military system of the state and the actual local needs, approved by the State Council, to organize local public security forces.
Article one hundred and twenty-one of the national autonomous areas in performing their duties, in accordance with the provisions of the autonomous regulations, the use of local common one or several languages.
Article 122 the country from the financial, material and technical assistance to the minority nationalities to accelerate their economic and cultural development.
To help the countries in the national autonomous areas train a large number of cadres at various levels and specialized personnel and skilled workers.
Section 7 Commission
Article 123 the People's Republic of China Commission at all levels is the national supervisory organs.
Article 124 the establishment of People's Republic of China State Commission and local monitoring committees at all levels.
The Commission is composed of the following:
Director,
Deputy director of a number of people,
Some members.
The Commission director with the term of office of the people's congresses at the same. Director of the National Commission shall serve no more than two consecutive session.
Organization and authority of the Commission shall be prescribed by law.
The 125th People's Republic of China State Commission is the highest supervisory organ.
The National Commission leadership at all levels of local supervision committee, supervision committee subordinate leadership the supervisory work of the committee.
The 126th State Commission responsible for the Standing Committee of the National People's Congress and the National People's congress. The local monitoring committees at all levels are responsible to the organs of state power and the level of supervision committee.
127th Commission in accordance with the law to exercise the power of supervision of the independent, not by administrative organs, social organizations and individuals to interfere.
The supervisory organ for duty and illegal crimes, should be with the judicial organs and procuratorial organs, the law enforcement departments cooperate with each other, mutual restraint.
The eighth section of people's court and the people's Procuratorate
The 128th People's Republic of China people's court is the judicial organs of the state.
129th People's Republic of China the establishment of the Supreme People's court, the local people's courts and military courts and other special people's courts.
The president of the Supreme People's Court of each term as the National People's Congress, serve no more than two consecutive terms.
The organization of people's courts is prescribed by law.
The 130th people's court hearing the case, unless otherwise provided for by law, shall be heard in public. The defendant has the right to defense.
The 131st people's court in accordance with the law to exercise judicial power independently, by administrative organs, social organizations and individuals to interfere.
The 132nd Supreme People's court is the highest judicial organ.
The Supreme People's court supervision of local people's courts at various levels and the special people's courts, the higher people's court supervision of the lower court.
The 133rd Supreme People's court is responsible to the Standing Committee of the National People's Congress and the National People's congress. The local people's courts at various levels are responsible to produce its national authority.
The 134th People's Republic of China people's Procuratorate is the national legal supervision organs.
Article 135 of People's Republic of China established the Supreme People's Procuratorate, local people's procuratorates at all levels and the special people's procuratorates such as military procuratorates.
The Supreme People's Procuratorate is elected for a term as the National People's Congress, and they shall serve no more than twice.
The organization of people's procuratorates is prescribed by law.
Article 136 The People's procuratorates exercise procuratorial power independently in accordance with the law, by administrative organs, social organizations and individuals to interfere.
Article 137 Supreme People's Procuratorate is the supreme procuratorial organs.
The Supreme People's Procuratorate leadership of the local people's procuratorates at various levels and special people's Procuratorate work, higher people's procuratorates.
Article one hundred and thirty-eight the Supreme People's Procuratorate is responsible to the Standing Committee of the National People's Congress and the National People's congress. The local people's procuratorates at various levels are responsible to the organs of state power and the people's procuratorate.
Article one hundred and thirty-nine citizens of all ethnic groups to use the national language in court proceedings. The people's court and the people's Procuratorate does not understand local language of the participants in the proceedings, shall be translated for them.
In the minority nationality or nationalities live together, hearings should be conducted in the local language; indictments, judgments, notices and other documents should be based on the use of language or languages commonly used by the local actual needs.
Article one hundred and forty the people's court, the people's Procuratorate and the public security organs to handle criminal cases, shall be responsible for the division of labor, with each other, check each other to ensure the correct and effective enforcement of the law.
The fourth chapter anthem, the national emblem and the capital
Article one hundred and forty-one of the People's Republic of China national flag is a flag.
People's Republic of China's national anthem is "Anthem".
The 142nd is the national emblem of People's Republic of China, the middle of Tiananmen star shining under the surrounding grain and gear.
143rd People's Republic of China is the capital of Beijing.
