Note on the Amendment (Draft) to the Constitution of the People is Republic of C

March 5, 2018 at the first meeting of the 13th National People's Congress

Wang Chen, Vice Chairman and Secretary-General of the Standing Committee of the Twelfth National People's Congress

Delegates:

 I am entrusted by the Standing Committee of the Twelfth National People's Congress to give an explanation on the Draft Amendment to the Constitution of the People's Republic of China.

    Basic Considerations on the Amendment of the Constitution

    The Constitution is the fundamental law of the country, the general constitution for the rule of law and order, and the centralized expression of the will of the Party and the people. Since the Eighteenth National Congress of the CPC, General Secretary Xi Jinping has repeatedly stressed that the first thing to adhere to the rule of law is to adhere to the rule of constitution, and the first thing to adhere to the rule of law is to adhere to the rule of constitution. The amendment of the Constitution is a major event in the political life of the Party and the state. It is a major decision made by the Party Central Committee with Comrade Xi Jinping as its core from the overall situation and strategic height of upholding and developing socialism with Chinese characteristics in the new era. It is also an important measure to promote the overall rule of law, the modernization of the state governance system and the governance capacity.

     First, the current constitution of our country is a good constitution that conforms to the national conditions, the reality and the requirements of the development of the times. It provides a fundamental guarantee of the rule of law for the reform, opening up and socialist modernization. It must be firmly maintained, persisted in and implemented in an all-round way.

     The current Constitution of China was adopted and promulgated by the Fifth Session of the Fifth National People's Congress on December 4, 1982, in accordance with the line, principles and policies set by the Third Plenary Session of the Eleventh Central Committee of the Party. In retrospect, the 1982 Constitution is the inheritance and development of the Common Programme of the Chinese People's Political Consultative Conference (CPPCC) and the 1954 Constitution of the People's Republic of China, which played an interim constitutional role in 1949.

     The Constitution of our country, in the form of the fundamental law of the state, confirms the great struggle and fundamental achievements of the CPC in leading the Chinese people in revolution, construction and reform, establishes the state system of the socialist country led by the working class and the people's democratic dictatorship based on the alliance of workers and peasants, and the system of the people's congress, and determines the fundamental task, core of leadership and guidance of the country. Thought, road of development and goal of struggle have stipulated the system of multi-party cooperation and political consultation under the leadership of the Communist Party of China, the system of regional national autonomy and the system of grassroots mass autonomy, the principles of socialist rule of law, democratic centralism, respect for and protection of human rights, and so on, reflecting the common will and fundamental interests of the people of all ethnic groups in China.

    The development course of more than 30 years has fully proved that the Constitution of our country has strongly adhered to the leadership of the Communist Party of China, effectively guaranteed the people's ownership of the country, vigorously promoted reform and opening up and socialist modernization, vigorously promoted the process of building a socialist country ruled by law, vigorously safeguarded national unity and social stability, which is in line with the national conditions, reality and the times. A good constitution for development is a good constitution that fully reflects the common will of the people, fully protects the democratic rights of the people and fully safeguards the fundamental interests of the people. It is a good constitution that promotes the development and progress of the country, guarantees the people to create a happy life and guarantees the great rejuvenation of the Chinese nation. It is also a constitution that our country and people have withstood all kinds of difficulties and risks and always followed the society with Chinese The fundamental guarantee of the rule of law for the advancement of the socialist road. A series of systems, principles and rules established by the Constitution of China and a series of major policies and principles established by the Constitution of China have remarkable advantages, solid foundation and strong vitality, which must be adhered to and implemented in an all-round way for a long time.

    Secondly, the Constitution will have lasting vitality only if it constantly adapts to the new situation, absorbs new experience, confirms new achievements and makes new norms.





    After the promulgation and implementation of the 1982 Constitution, the National People's Congress, under the leadership of the CPC Central Committee, made four necessary and important amendments to the 1982 Constitution, i.e. the individual provisions and some contents of the current Constitution of China, in 1988, 1993, 1999 and 2004, according to the practice and development of China's reform and opening-up and socialist modernization. A total of 31 constitutional amendments were adopted.

   Generally speaking, the four constitutional amendments reflect the successful experience of the Communist Party of China in leading the people to carry out reform and opening-up and socialist modernization, as well as the achievements of the socialist road, theory, system and culture with Chinese characteristics. Through four amendments to the Constitution, the Constitution of our country keeps pace with the times in the great practice of socialism with Chinese characteristics, keeps pace with the times, vigorously promotes and guarantees the development of the cause of the Party and the state, and vigorously promotes and strengthens the construction of socialist rule of law in our country.


   

     Looking back on the development process of our constitutional system, we feel more and more that our constitution is closely related to the hard struggle and brilliant achievements of the Party and the people, and to the way forward and the valuable experience accumulated by the Party and the people. The Constitution of our country must be constantly improved and developed with the development of the practice of the Party leading the people in building socialism with Chinese characteristics. This is a remarkable feature and a basic law of the development of our constitution. It is an inevitable requirement for the development of practice that the Constitution confirms the great achievements and valuable experience created by the Party and the people in a timely manner so as to better play the role of the Constitution in regulating, guiding, promoting and guaranteeing.





   Thirdly, according to the new situation and practice of adhering to and developing socialism with Chinese characteristics in the new era, on the basis of maintaining the continuity, stability and authority of our constitution as a whole, it is necessary to make appropriate amendments to our constitution.

     Since the amendment of the Constitution in 2004, there have been many important developments and changes in the cause of the Party and the state. Especially since the Eighteenth National Congress of the CPC, the CPC Central Committee with Comrade Xi Jinping as its core