Category |
CONSTITUTION |
Organ of Promulgation |
The National People’s Congress |
Status of Effect |
In Force |
Date of Promulgation |
1999-03-15 |
Effective Date |
1999-03-15 |
|
|
The Amendment to the Constitution of the People’s Republic of China (Appended with 1999 amended version of the Constitution of the
People’s Republic of China) |
Appendix: Constitution of the People’s Republic of China – 1999
Preamble
Chapter One General Principles
Chapter Two The fundamental Rights and Duties of Citizens
Chapter Three The Structure of the State
Chapter Four The National Flag, the National Emblem and the Capital
(Adopted at the Second Session of the Ninth National People’s Congress on March 15, 1999, promulgated for implementation by the Proclamation
of the Ninth National People’s Congress on March 15, 1999)
Article 12 The seventh paragraph of the Preamble of the Constitution, which reads, “Both the victory in China’s New-Democratic Revolution
and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the
Communist Party of China and the guidance of Marxism and Leninism and Mao Zedong Thought, by upholding truth, correcting errors and
surmounting numerous difficulties and hardships. Our country is in the primary stage of socialism. The basic task .0.before the nation
is the concentration of efforts of socialist modernization construction in accordance with the theory of building socialism with
Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong
Thought, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist
road and to uphold reform and opening to the outside world, steadily improve socialist institutions, develop socialist democracy,
improve the socialist legal system, and work hard and self-reliantly to modernize the country’s industry, agriculture, national defense
and science and technology step by step to build China into a strong, prosperous culturally advances, democratic socialist nation.”
is revised as follows: “Both the victory in China’s New-Democratic Revolution and the successes in its socialist cause have been
achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism
and Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. Our
country will be in the primary stage of socialism over a long period of time. The basic task before the nation is the concentration
of efforts of socialist modernization construction along the road of building socialism with Chinese characteristics. Under the leadership
of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the Chinese
people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road and to uphold
reform and opening to the outside world, steadily improve socialist institutions, develop socialist market economy, develop socialist
democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country’s industry, agriculture,
national defense and science and technology step by step to build China into a strong, prosperous culturally advances, democratic
socialist nation.”
Article 13 One paragraph, which reads, “The People’s Republic of China exercises the governing of country according to law, making
a socialist country ruled by law.” is added to Article 5 of the Constitution as Paragraph One.
Article 14 Article 6 of the Constitution, which reads, “The basis of the socialist economic system of the People’s Republic of China is socialist public
ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. ” “Socialist
public ownership eliminates the exploitation of man by man and implements the principle of ‘from each according to his ability, and
to each according to his work’.” is revised as follows: “The basis of the socialist economic system of the People’s Republic of China
is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working
people. Socialist public ownership eliminates the exploitation of man by man and implements the principle of ‘from each according
to his ability, and to each according to his work’.” “At the primary stage of socialism, the state upholds the basic economic system
of ‘public ownership being principal, and multi ownership economies developing together’ and upholds the distribution system of ‘distribution
according to work being principal, and distribution mode coexisting’.”
Article 15 the fist paragraph of Article 8 of the Constitution, which reads, “The rural contracted responsibility system based mainly
on the household linking remuneration to output and cooperative economic forms – producers’, supply and marketing, credit and consumers’
cooperatives – are part of the socialist economy collectively owned by the working people. All working people who are members of
rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted
for their private use, engage in household sideline production and raise privately owned livestock.” is revised as follows: “The
rural collective economic organizations implement double level operation structure, which is based on household contractual operation
and which coordinates both collective and individual production. All working people who are members of rural economic collectives
have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage
in household sideline production and raise privately owned livestock.”
Article 16 Article 11 of the Constitution, which reads, “The individual economy of urban and rural working people, operating within the limits prescribed
by law, is a complement to the socialist public economy. The state protects the lawful rights and interests of the individual economy.”
“The state guides, assists and supervises the individual economy by administrative control.” “The state permits the private sector
of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the
socialist public economy. The state protects the lawful rights and interests of the private sector of the economy, and exercises
guidance, supervision and control over the private sector of the economy.” is revised as follows: ” The non-public economies such
as the individual economy and the private sector of the economy, operating within the limits prescribed by law, are important components
of the socialist market economy.” “The state protects the lawful rights and interests of the individual economy and the private sector
of the economy. The state exercises guidance, supervision and control over the individual economy and the private sector of the economy.”
Article 17 Article 28 of the Constitution, which reads, “The state maintains public order and suppresses treasonable and other counter-revolutionary activities;
it penalizes is revised as follows: “The state maintains public order and suppresses treasonable criminal activities and other criminal
activities that endanger state security; it penalizes criminal activities that endanger public security and disrupt the socialist
economy as well as other criminal activities; and it punishes and reforms criminals.”
Appendix: Constitution of the People’s Republic of China – 1999
(Adopted at the Fifth Session of the Fifth National People’s Congress on December 4, 1982, amended at the First Session of the Seventh
National People’s Congress on April 12, 1988, and amended for the second time at the First Session of the Eighth National People’s
Congress on March 29, 1993, and amended for the third time at the Second Session of the Ninth National People’s Congress on March
15, 1999.)
Table of Contents
Preamble
Chapter One – General Principles
Chapter Two – The Fundamental Rights and Duties of Citizens
Chapter Three – The Structure of the State
Section I The National People’s Congress
Section II The President of the People’s Republic of China
Section III The State Council
Section IV The Central Military Commission
Section V The Local People’s Congresses and Local People’s Governments at Various
Levels
Section VI The Organs of Self-Government of National Autonomous Regions
Section VII The People’s Courts and the People’s Procuratorates
Chapter Four – The National Flag, the National Emblem and the Capital
Preamble
China is a country with one of the longest histories in the world. The people of all of nationalities of China
have jointly created a culture of grandeur and have a glorious revolutionary tradition. After 1840, feudal China was gradually turned
into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence
and liberation and for democracy and freedom. Great and earthshaking historical changes have taken place in China in the 20th century.
The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. However, the
historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.
After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people
of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the
rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New-Democratic Revolution and founded the People’s
Republic of China. Since then the Chinese people have taken control of state power and become masters of the country.
After founding the People’s Republic, China gradually achieved its transition from a New Democratic to a socialist
society. The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation
of man by man abolished and the socialist system established. The people’s democratic dictatorship held by the working class and
based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and
developed. The Chinese people and the Chinese People’s Liberation Army have defeated imperialist and hegemonist aggression, sabotage
and armed provocations and have thereby safeguarded China’s national independence and security and strengthened its national defense.
Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry
has basically been established. There has been a marked increase in agricultural production. Significant advances have been made
in educational, scientific and cultural undertakings, while education in socialist ideology has produced noteworthy results. The
life of the people has improved considerably.
Both the victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved
by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism and
Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. Our country
will be in the primary stage of socialism over a long period of time. The basic task before the nation is the concentration of efforts
of socialist modernization construction along the road of building socialism with Chinese characteristics. Under the leadership of
the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the Chinese people
of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road and to uphold reform
and opening to the outside world, steadily improve socialist institutions, develop socialist market economy, develop socialist democracy,
improve the socialist legal system, and work hard and self-reliantly to modernize the country’s industry, agriculture, national defense
and science and technology step by step to build China into a strong, prosperous culturally advances, democratic socialist nation.
The exploiting classes as such have been abolished in our country. However, class struggle will continue to
exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home
and abroad, that are hostile to China’s socialist system and try to undermine it.
Taiwan is part of the sacred territory of the People’s Republic of China. It is the inviolable duty of all
Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.
In building socialism it is essential to rely on workers, peasants and intellectuals and to unite all forces
that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist
Party of China a broad patriotic united front which is composed of the democratic parties and people’s organizations and which embraces
all socialist working people, all patriots who support socialism and all patriots who stand for the reunification of the motherland.
This united front will continue to be consolidated and developed. The Chinese People’s Political Consultative Conference, a broadly
based representative organization of the united front which has played a significant historical role, will play a still more important
role in the country’s political and social life, in promoting friendship with other countries and in the struggle for socialist modernization
and for the reunification and unity of the country. Multi-party cooperation and the political consultation system under the leadership
of the Communist Party of China shall continue and develop for the extended future.
The People’s Republic of China is a unitary multi-national state created jointly by the people of all its
nationalities. Socialist relations of equality, unity and mutual assistance have been established among the nationalities and will
continue to be strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism,
mainly Han chauvinism, and to combat local national chauvinism. The state will do its utmost to promote the common prosperity of
all the nationalities.
China’s achievements in revolution and construction 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 consistently carries out an independent foreign policy
and 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 in developing diplomatic relations and economic
and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen
unity with people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and
preserve national independence and develop national economies, and strives to safeguard world peace and promote the cause of human
progress.
This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities
and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority.
The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises
and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the
dignity of the Constitution and ensure its implementation.
Chapter One General Principles
Article 1 The People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class
and based on the alliance of workers and peasants.
The socialist system is the basic system of the People’s Republic of China. Disruption of the socialist state
by any organization or individual is prohibited.
Article 2 All power in the People’s Republic of China belongs to the people.
The National People’s Congress and the local people’s congresses at various levels are the organs through
which the people exercise state power.
The people administer state affairs and manage economic, cultural and social affairs through various channels
and in various ways in accordance with the law.
Article 3 The state organs of the People’s Republic of China apply the principle of democratic centralism.
The National People’s Congress and the local people’s congresses at various levels are constituted through
democratic elections. They are responsible to the people and subject to their supervision.
All administrative, judicial and procuratorial organs of the state are created by the people’s congresses
to which they are responsible and by which they are supervised.
The divisions of functions and powers between the central and local state organs is guided by the principle
of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.
Article 4 All nationalities in the People’s Republic of China are equal. The state protects the lawful rights and interests of the
minority nationalities and upholds and develops a relationship of equality, unity and mutual assistance among all of China’s nationalities.
Discrimination against and oppression of any nationality are prohibited; any act that undermines the unity of the nationalities or
instigates division is prohibited.
The state assists areas inhabited by minority nationalities accelerating their economic and cultural development
according to the characteristics and needs of the various minority nationalities.
Regional autonomy is practiced in areas where people of minority nationalities live in concentrated communities;
in these areas organs of self-government are established to exercise the power of autonomy. All national autonomous areas are integral
parts of the People’s Republic of China.
All nationalities have the freedom to use and develop their own spoken and written languages and to preserve
or reform their own folkways and customs.
Article 5 The People’s Republic of China exercises the governing of country according to law, making a socialist country ruled by
law.
The state upholds the uniformity and dignity of the socialist legal system.
No laws or administrative or local rules and regulations may contravene the Constitution.
All state organs, the armed forces, all political parties and public organizations and all enterprises and
institutions must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated.
No organization or individual is privileged to be beyond the Constitution or the law.
Article 6 The basis of the socialist economic system of the People’s Republic of China is socialist public ownership of the means
of production, namely, ownership by the whole people and collective ownership by the working people. Socialist public ownership eliminates
the exploitation of man by man and implements the principle of “from each according to his ability, and to each according to his
work”.
At the primary stage of socialism, the state upholds the basic economic system of “public ownership being
principal, and multi ownership economies developing together” and upholds the distribution system of “distribution according to work
being principal, and distribution mode coexisting”.
Article 7 The state-owned economy, i.e. the socialist economy with ownership by the people as a whole, is the leading force in the
national economy. The state will ensure the consolidation and development to the state-owned economy.”
Article 8 The rural collective economic organizations implement double level operation structure, which is based on household contractual
operation and which coordinates both collective and individual production. All working people who are members of rural economic collectives
have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage
in household sideline production and raise privately owned livestock. The various forms of cooperative economy in the cities and
towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector
of socialist economy under collective ownership by the working people.
The state protects the lawful rights and interests of the urban and rural economic collectives and encourages,
guides and helps the growth of the collective economy.
Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches, and other natural resources
are owned by the state, that is, by the whole people, with the exception of the forest, mountains, grasslands and unreclaimed land
and beaches that are owned by collectives in accordance with the law.
The state ensures the rational use of natural resources and protects rare animals and plants. Appropriation
or damaging natural resources by any organization or individual by whatever means is prohibited.
Article 10 Land in cities is owned by the state.
Land in the rural and suburban areas is owned by collectives except for those portions which belong to the
state in accordance with the law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives.
The state may, in the public interest, requisition land for its use in accordance with the law.
No organization or individual may appropriate, buy, sell or unlawfully transfer land in other ways. The right
to the use of the land may be transferred in accordance with the law.
All organizations and individuals using land must ensure its rational use.
Article 11 The non-public economies such as the individual economy and the private sector of the economy, operating within the limits
prescribed by law, are important components of the socialist market economy.
The state protects the lawful rights and interests of the individual economy and the private sector of the
economy. The state exercises guidance, supervision and control over the individual economy and the private sector of the economy.
Article 12 Socialist public properties are inviolable.
The state protects socialist property. Appropriation or damaging of state or collective property by any organization
or individual by whatever means is prohibited.
Article 13 The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property.
The state protects according to law the right of citizens to inherit private property.
Article 14 The state continuously raises labor productivity, improves economic results and develops the productive forces by enhancing
the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology,
improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility
in various forms and improving the organization of work.
The state practices strict economy and combats waste.
The state properly apportions accumulation and consumption, concerns itself with the interests of the collective
and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural
life of the people.
Article 15 The state practices socialist market economy.
The state shall enhance economic legislation and improve macro-control of the economy.
The state shall, in accordance with the law, prohibit disturbance of the socioeconomic order by any organization
or individual.
Article 16 State-owned enterprises have decision-making power with regard to operations within the limits prescribed by law.
State-owned enterprises practice democratic management through congresses of workers and staff and in other
ways in accordance with the law.
Article 17 Collective economic organizations have decision-making power in conduction independent economic activities, on condition
that they abide by the relevant laws.
Collective economic organizations practice democratic management, elect and remove their managerial personnel
in accordance with the law and decide major issues concerning operation and management.
Article 18 The People’s Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners
to invest in China and to enter into various forms of economic cooperation with Chinese enterprises and other Chinese economic organizations
in accordance with the law of the People’s Republic of China.
All foreign enterprises, other foreign economic organizations as well as Chinese-foreign joint ventures within
Chinese territory shall abide by the law of the People’s Republic of China.
Article 19 The state undertakes the development of socialist education and works to raise the scientific and cultural level of the
whole nation.
The state establishes and administers schools of various types, universalizes compulsory primary education
and promotes secondary, vocational and higher education as well as pre-school education.
The state develops educational facilities in order to eliminate illiteracy and provide political, scientific,
technical and professional education as well as general education for workers, peasants, state functionaries and other working people.
It encourages people to become educated through independent study.
The state encourages the collective economic organizations, state enterprises and institutions and other sectors
of society to establish educational institutions of various types in accordance with the law.
The state promotes the nationwide use of Putonghua.
Article 20 The state promotes the development of natural and social sciences, disseminates knowledge of science and technology, and
commends and rewards achievements in scientific research as well as technological innovations and inventions.
Article 21 The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages
and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and institutions
and neighborhood organizations, and promotes health and sanitation activities of a mass character, all for the protection of the
people’s health.
The state develops physical culture and promotes mass sports activities to improve the people’s physical fitness.
Article 22 The state promotes the development of art and literature, the press, radio and television broadcasting, publishing and
distribution services, libraries, museums, cultural centers and other cultural undertakings that serve the people and socialism,
and it sponsors mass cultural activities.
The state protects sites of scenic and historical interest, valuable cultural monuments and relics and other
significant items of China’s historical and cultural heritage.
Article 23 The state trains specialized personnel in all fields who serve socialism, expands the ranks of intellectuals and creates
conditions to give full scope to their role in socialist modernization.
Article 24 The state strengthens the building of a socialist society with an advanced culture and ideology by promoting education
in high ideals, ethics, general knowledge, discipline and legality, and by promoting the formulation and o