Constitution of the People's Republic of China

1954 Constitution of the People's Republic of China

The draft Constitution was approved at the first session of the NPC on September 20, 1954.

The 1954 Constitution consisted of an introduction and 106 articles, combined into four chapters. Chapter 1 “General Provisions” was devoted to social organization, chapter 2 “State structure” - to the system of state bodies, chapter 3 - to the basic rights and duties of citizens and chapter 4 determined state symbols and the capital. As indicated in the introduction, this Constitution was based on the CPPCC General Program and was its further development. Article 4 of the Constitution defined the creation of a socialist society as the task of state building. In addition, in the tradition that was traditional for socialist “constitutionalism,” they spoke of friendship with socialist countries and the struggle for peace. The 1954 Constitution provides for the creation of the post of Chairman of the PRC.

1978 Constitution of the People's Republic of China

Adoption History

The current Constitution of the PRC is developed on the basis of popular discussion. It is officially made public and accepted for execution after approval at the fifth session of the All-China Assembly of People’s Representatives of the 5th convocation on December 4, 1982 .

It inherited the basic principles of the first Constitution of 1954 , with particular attention paid to the generalization of the experience of the development of socialism in China and the acquired world experience. The Constitution took into account not only the real situation, but also proceeded from the country's development prospects. This is where the Chinese specificity of constitutional regulation manifests itself.

At the time of adoption, it met the requirements of the political, economic and cultural development of the country in the new period of socialist modernization. It was specially noted that the Constitution “in the form of law recorded the results of the struggle of the peoples of China, determined the basic system and the main tasks of the state . The Constitution is the basic law of the country, has the highest legal force . All peoples of the country, all state bodies and the Armed Forces , all political parties and public organizations , enterprises and institutions are guided by the provisions of the Constitution as the main criterion for their activities, are responsible for observing the Constitution and enforcing it ” ^[1] .

“In the future, the fundamental task of the state is to jointly implement socialist modernization. The peoples of all nationalities of China, led by the Chinese Communist Party and armed with Marxism-Leninism, the ideas of Mao Zedong , will continue to uphold the democratic dictatorship of the people and the socialist path, constantly improve various socialist institutions, develop socialist democracy, and strengthen socialist rule of law so that they can by persistent struggle to gradually modernize industry, agriculture, national defense, science and technology, turn s our country into a highly civilized, vysokodemokraticheskoe socialist state " ^[1] .

When it was adopted, it was specifically stipulated that Taiwan “is part of the sacred territory of the People’s Republic of China. The completion of the great cause of the reunification of the Motherland is the sacred duty of the entire Chinese people, including our compatriots in Taiwan ” ^[1] .

Structure and Amendments

The 1982 Constitution of the PRC contains the Preamble and 4 chapters with 138 articles. Chapters of the country's Basic Law:

• "General Provisions"
• “Basic rights and duties of citizens”
• "Government"
• “State flag, State emblem, the capital of China.”

In April 1988 , at the first session of the NPC of the 7th convocation, in March 1993 at the first session of the NPC of the 8th convocation and in March 1999 at the second session of the NPC of the 9th convocation, amendments to the Constitution were adopted, amendments were made and additions to some provisions of the current Constitution, after which the Constitution has become even more consistent with the realities of the country and the needs of its development ^[2] .

In 2004, the Constitution of the PRC was substantially supplemented. The provisions “on stimulating the harmonious development of building material, political and spiritual culture were added to it; creation and improvement of the social security regime; protection of private property; respect and guarantee of human rights. ”

In 2018, a 10-year restriction on the board of the chairman of the PRC was excluded from the PRC Constitution ^[3] .

General constitutional provisions

The PRC Constitution states: “ The People’s Republic of China is a socialist state of the democratic dictatorship of the people, led by the working class and based on the union of workers and peasants; The socialist system is the basic system of the People’s Republic of China. It is forbidden for any organizations or individuals to undermine the socialist system ”(Article 1).

Rights and Obligations of Man and Citizen under the 1982 Constitution of the PRC

According to the Constitution of the PRC, all citizens are equal before the law , and the state is obliged to respect and protect human rights . Each citizen of the PRC is constitutionally guaranteed (Ch. 2):

• the right to elect and be elected ;
• the right to freedom of speech , press, assembly, creation of societies, marches and demonstrations;
• freedom of religion ;
• personal freedom;
• respect for human dignity and personal life;
• inviolability of the home and legal private property;
• freedom of correspondence and maintaining confidentiality of correspondence ;
• the right to criticize and make proposals to any state institution and public servant;
• the right to control the activities of public institutions and public servants;
• the right to work ;
• the right to rest and financial assistance of the state and society due to old age, illness or disability;
• the right to education ;
• the right to scientific, literary, artistic and other cultural activities.

The following are established as constitutional obligations (Articles 52-56):

• protection of the unity of the state and the cohesion of all nationalities of the country;
• compliance with the Constitution and laws;
• maintaining state secrets ;
• preservation of public property ;
• observance of labor discipline and public order , respect for the norms of public morality ;
• protection of security, honor and interests of the motherland;
• defense of the motherland and repulsion of aggression (established as “the sacred duty of every citizen of the People’s Republic of China” - Article 55).
• Military service and participation in the people's militia (in accordance with the law, they are an honorable duty of citizens of the People's Republic of China - Article 55).
• Obligation to pay taxes .

• Constitution of the People's Republic of China - text of the Constitution