Constitution of the People's Republic of China

People's Republic of China

This article is part of the series:

Politics and government of
the People's Republic of China

Constitution[show]
Ideology[show]
Government[show]
Law[show]
Communist Party[show]
United Front[show]
Military[show]
Other issues[show]
See: Politics of Hong Kong and Macau

Other countries · Atlas

Politics portal
view • talk • edit

The Constitution of the People's Republic of China (simplified Chinese: 中华 人民 共和 国宪 法 ;

traditional Chinese: 中 華 人 民 共 和 國 憲 法 ; pinyin: Zhōnghuá Rénmín Gònghéguó Xiànfǎ) is the
highest law within the People's Republic of China. The current version was adopted by the 5th National
People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three
previous state constitutions—those of 1954, 1975, and 1978--were superseded in turn. The Constitution
has five sections which are the preamble, general principles, fundamental rights and duties of citizens,
structure of the state (which includes such state organs as the National People's Congress, the State
Council, the Local People's Congress and Local People's Governments and the People's Courts and the
People's Procuratorates), the national flag and the emblems of the state.

Contents
  1 History

 2 1982 document

 3 2004 Amendments

 4 Constitutional enforcement

 5 See also

 6 External links

 7 References

History
Constitutional history of the People's Republic of China

The first Constitution of the People's Republic of China was promulgated in 1954. After two
intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982.
There were significant differences between each of these versions, and the 1982 Constitution has
subsequently been amended several times. In addition, changing Constitutional conventions have led to
significant changes in the structure of Chinese government in the absence of changes in the text of the
Constitution.

1982 document
The 1982 document reflects Deng Xiaoping's determination to lay a lasting institutional foundation for
domestic stability and modernization. The new State Constitution provides a legal basis for the broad
changes in China's social and economic institutions and significantly revises government structure

There have been four major revisions by the National People's Congress (NPC) to the 1982
Constitution.

Much of the PRC Constitution is modeled after the 1936 Constitution of the Soviet Union, but there are
some significant differences. For example, while the Soviet constitution contains an explicit right of
secession, the Chinese constitution explicitly forbids secession. While the Soviet constitution formally
creates a federal system, the Chinese constitution formally creates a unitary multi-national state.

The 1982 State Constitution is a lengthy, hybrid document with 138 articles. Large sections were
adapted directly from the 1978 constitution, but many of its changes derive from the 1954 constitution.
Specifically, the new Constitution de-emphasizes class struggle and places top priority on development
and on incorporating the contributions and interests of non-party groups that can play a central role in
modernization.

Article 1 of the State Constitution describes China as "a socialist state under the people's democratic
dictatorship"[citation needed] meaning that the system is based on an alliance of the working classes—in
communist terminology, the workers and peasants—and is led by the Communist Party, the vanguard of
the working class. Elsewhere, the Constitution provides for a renewed and vital role for the groups that
make up that basic alliance—the CPPCC, democratic parties, and mass organizations. The 1982
Constitution expunges almost all of the rhetoric associated with the Cultural Revolution incorporated in
the 1978 version. In fact, the Constitution omits all references to the Cultural Revolution and restates
Mao Zedong's contributions in accordance with a major historical reassessment produced in June 1981
at the Sixth Plenum of the Eleventh Central Committee, the "Resolution on Some Historical Issues of
the Party since the Founding of the People's Republic."

There also is emphasis throughout the 1982 State Constitution on socialist law as a regulator of political
behavior. Unlike the Constitution of the Soviet Union, the text of the Constitution itself doesn't
explicitly mention the Communist Party of China and there is an explicit statement in Article 5 that
states that the Constitution and law are supreme over all organizations and individuals.

Thus, the rights and obligations of citizens are set out in detail far exceeding that provided in the 1978
constitution. Probably because of the excesses that filled the years of the Cultural Revolution, the 1982
Constitution gives even greater attention to clarifying citizens' "fundamental rights and duties" than the
1954 constitution did, like the right to vote and to run for election begins at the age of eighteen except
for those disenfranchised by law. The Constitution also guarantees the freedom of religious worship as
well as the "freedom not to believe in any religion" and affirms that "religious bodies and religious
affairs are not subject to any foreign domination."

Article 35 of the 1982 State Constitution proclaims that "citizens of the People's Republic of China
enjoy freedom of speech, of the press, of assembly, of association, of procession, and of
demonstration." In the 1978 constitution, these rights were guaranteed, but so were the right to strike
and the "four big rights," often called the "four bigs": to speak out freely, air views fully, hold great
debates, and write big-character posters. In February 1980, following the Democracy Wall period, the
four bigs were abolished in response to a party decision ratified by the National People's Congress. The
right to strike was also dropped from the 1982 Constitution. The widespread expression of the four big
rights during the student protests of late 1986 elicited the regime's strong censure because of their
illegality. The official response cited Article 53 of the 1982 Constitution, which states that citizens must
abide by the law and observe labor discipline and public order. Besides being illegal, practicing the four
big rights offered the possibility of straying into criticism of the Communist Party of China, which was
in fact what appeared in student wall posters. In a new era that strove for political stability and
economic development, party leaders considered the four big rights politically destabilizing. Except for
the ostentatious six democratic parties, Chinese citizens are prohibited from forming parties.

Among the political rights granted by the constitution, all Chinese citizens have rights to elect and be
elected, as opposed to parallel clauses in the US constitution which forbids foreign-borns to be elected
president among other limitations. However since direct election is confined to the village level, the
electoral rights of the people are questioned by many critics. Other scholars argue that this is a form of
electoral college system. According to the later promulgated election law, rural residents have only 1/4
vote power of townsmen. As Chinese citizens are categorized into rural resident and town resident, and
the constitution has no stipulation of freedom of transference, those rural residents are restricted by the
Hukou (registered permanent residence) and have less rights on politics, economy and education. This
problem has largely been addressed with various and ongoing reforms of hukou in 2007.

The 1982 State Constitution is also more specific about the responsibilities and functions of offices and
organs in the state structure. There are clear admonitions against familiar Chinese practices that the
reformers have labeled abuses, such as concentrating power in the hands of a few leaders and
permitting lifelong tenure in leadership positions. On the other hand, the constitution strongly oppose
the western system of separation of powers by executive, legislature and judicial. It stipulates the NPC
as the highest organ of state authority power, under which the State Council, the Supreme People's
Court, and the Supreme People's Procuratorate shall be elected and responsible for the NPC.

In addition, the 1982 Constitution provides an extensive legal framework for the liberalizing economic
policies of the 1980s. It allows the collective economic sector not owned by the state a broader role and
provides for limited private economic activity. Members of the expanded rural collectives have the right
"to farm private plots, engage in household sideline production, and raise privately owned livestock."
The primary emphasis is given to expanding the national economy, which is to be accomplished by
balancing centralized economic planning with supplementary regulation by the market.

Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside
help for the modernization program. Whereas the 1978 constitution stressed "self-reliance" in
modernization efforts, the 1982 document provides the constitutional basis for the considerable body of
laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation
in all aspects of the economy. In addition, the 1982 document reflects the more flexible and less
ideological orientation of foreign policy since 1978. Such phrases as "proletarian internationalism" and
"social imperialism" have been dropped..

2004 Amendments
The Constitution was amended on March 14, 2004 to include guarantees regarding private property
("legally obtained private property of the citizens shall not be violated,") and human rights ("the State
respects and protects human rights.") This was argued by the government to be progress for Chinese
democracy and a sign from CCP that they recognised the need for change, because the booming
Chinese economy had created a new class of rich and middle class, who wanted protection of their own
property.

Wen Jiabao was quoted by the Washington Post as saying, "These amendments of the Chinese
constitution are of great importance to the development of China." "We will make serious efforts to
carry them out in practice." [1] Some question that there is no clear indication that the changes were
leading to increased protection for Chinese citizens in terms of human rights or property rights. Chinese
people continue to be arrested for trying to challenge government decisions (whether they are legal or
not), even when using the law itself. The censure of the media is still in place, as can be seen by the
closure of out-spoken publications, or re-staffing to remove editors and journalists who have annoyed
officials, such as was the case with the Freezing Point magazine.
Constitutional enforcement
There is no special organization established for the enforcement of constitution. Although in the
constitution it stipulates that the National People's Congress and its Standing Committee have the
power to review whether laws or activities violate the constitution.

Furthermore, under the legal system of the People's Republic of China, courts do not have the general
power of judicial review and cannot invalidate a statute on the grounds that it violates the constitution.
Nonetheless, since 2002, there has been a special committee of the Standing Committee of the National
People's Congress which has reviewed laws and regulations for constitutionality. Although this
committee has not yet explicitly ruled that a law or regulation is unconstitutional, in one case, after the
subsequent media outcry over the death of Sun Zhigang, the State Council was forced to rescind
regulations allowing police to detain persons without residency permits after the NPCSC[clarification needed]
made it clear that it would rule such regulations unconstitutional if they were not rescinded.

The Open Constitution Initiative was an organization consisting of lawyers and academics in the
People's Republic of China that advocated the rule of law and greater constitutional protections. It was
shut down by the government on July 14, 2009.

See also
 Constitutional history of the People's Republic of China

 Law of the People's Republic of China

 CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA

 (Adopted on December 4, 1982)

PREAMBLE

China is one of the countries with the longest histories in the world. The people of all nationalities
in China have jointly created a splendid culture and have a glorious revolutionary tradition. Feudal
China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. The Chinese
people waged wave upon wave of heroic struggles for national independence and liberation and for
democracy and freedom. Great and earth-shaking 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. But the Chinese people had yet to fulfil their historical task of
overthrowing imperialism and feudalism. After waging hard, protracted and tortuous struggles, armed
and otherwise, 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 the great victory of the new-democratic revolution and founded the
People's Republic of China. Thereupon the Chinese people took state power into their own hands and
became masters of the country.

After the founding of the People's Republic, the transition of Chinese society from a new-
democratic to a socialist society was effected step by step. The socialist transformation of the private
ownership of the means of production was completed, the system of exploitation of man by man
eliminated and the socialist system 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. The Chinese people and the Chinese People's
Liberation Army have thwarted aggression, sabotage and armed provocations by imperialists and
hegemonists,safeguarded China's national independence and security and strengthened its national
defence. Major successes have been achieved in economic development. An independent and fairly
comprehensive socialist system of industry has in the main been established. There has been a marked
increase in agricultural production. Significant progress has been made in educational, scientific,
cultural and other undertakings, and socialist ideological education has yielded noteworthy results.
The living standards of the people have improved considerably. Both the victory of China's new-
democratic revolution and the successes of 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-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors and
overcoming numerous difficulties and hardships.

The basic task of the nation in the years to come is to concentrate its effort on socialist
modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-
Leninism and Mao ZedongThought, the Chinese people of all nationalities will continue to adhere to
the people's democratic dictatorship and follow the socialist road, steadily improve socialist
institutions, develop socialist democracy, improve the socialist legal system and work hard and self-
reliantly to modernize industry, agriculture, national defence and science and technology step by step
to turn China into a socialist country with a high level of culture and democracy. The exploiting
classes as such have been eliminated in our country. However, class struggle will continue to exist
within certain limits 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 lofty duty of the entire
Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the
motherland. In building socialism it is imperative to rely on the workers, peasants and intellectuals
and unite with all the 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
that is composed of democratic parties and people's organizations and embraces all socialist working
people, all patriots who support socialism and all patriots who stand for reunification of the
motherland. This united front will continue to be consolidated and developed. The Chinese People's
Political Consultative Conference is a broadly representative organization of the united front, which
has played a significant historical role and will continue to do so in the political and social life of the
country, in promoting friendship with the people of other countries and in the struggle for socialist
modernization and for the reunification and unity of the country. The People's Republic of China is a
unitary multi-national state built up jointly by the people of all its nationalities. Socialist relations of
equality, unity and mutual assistance have been established among them 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 also necessary to combat local-national chauvinism.
The state does its utmost to promote the common prosperity of all nationalities in the country. China's
achievements in revolution and construction are inseparable from support by the people of the world.
The future of China is closely linked with that of the whole world. China adheres to an independent
foreign policy as well as 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 the people of other countries, supports the oppressed
nations and the developing countries in their just struggle to win and preserve national independence
and develop their national economies, and strives to safeguard world peace and promote the cause of
human progress. This Constitution affirms the achievements of the struggles of the Chinese people of
all nationalities and defines the basic system and basic tasks of the state in legal form; 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
undertakings in the country must take the Constitution as the basic norm of conduct, and they have the
duty to uphold the dignity of the Constitution and ensure its implementation.

CHAPTER I. 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. Sabotage of the socialist system by any
organization or individual is prohibited.

Article 2. All power in the People's Republic of China belongs to the people. The organs through
which the people exercise state power are the National People's Congress and the local people's
congresses at different levels. 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 different levels are
instituted through democratic election. 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 under whose supervision they operate. The
division of functions and powers between the central and local state organs is guided by the principle
of giving full play 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 the relationship of
equality, unity and mutual assistance among all of China's nationalities. Discrimination against and
oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or
instigate their secession are prohibited. The state helps the areas inhabited by minority nationalities
speed up their economic and cultural development in accordance with the peculiarities and needs of
the different minority nationalities. Regional autonomy is practised in areas where people of minority
nationalities live in compact communities; in these areas organs of self- government are established
for the exercise of the right of autonomy. All the national autonomous areas are inalienable parts of
the People's Republic of China. The people of all nationalities have the freedom to use and develop
their own spoken and written languages, and to preserve or reform their own ways and customs.

Article 5. The state upholds the uniformity and dignity of the socialist legal system. No law or
administrative or local rules and regulations shall contravene the constitution. All state organs, the
armed forces, all political parties and public organizations and all enterprises and undertakings 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 may enjoy the privilege of being above the Constitution
and 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. The system of socialist public ownership supersedes the
system of exploitation of man by man; it applies the principle of 'from each according to his ability, to
each according to his work.

Article 7. The state economy is the sector of socialist economy under ownership by the whole
people; it is the leading force in the national economy. The state ensures the consolidation and growth
of the state economy.

Article 8. Rural people's communes, agricultural producers' co-operatives, and other forms of
co- operative economy such as producers' supply and marketing, credit and consumers co-operatives,
belong to the sector of socialist economy under collective ownership by the working people. Working
people who are members of rural economic collectives have the right, within the limits prescribed by
law, to farm private plots of cropland and hilly land, engage in household sideline production and
raise privately owned livestock. The various forms of co-operative economy in the cities and towns,
such as those in the handicraft, industrial, building, transport, commerical 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. Mineral resources, waters, forests, mountains, grassland, unreclaimed land, beaches
and other natural resources are owned by the state, that is, by the whole people, with the exception
of the forests, mountains, grassland, 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. The appropriation or damage of natural resources by any organization or
individual by whatever means is prohibited.

Article 10. Land in the 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 private plots of cropland and hilly land are also owned by collectives. The state may in the
public interest take over land for its use in accordance with the law. No organization or individual may
appropriate, buy, sell or lease land, or unlawfully transfer land in other ways. All organizations and
individuals who use land must make rational use of the land.

Article 11. The individual economy of urban and rural working people, operated 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, helps and supervises the
individual economy by exercising administrative control.

Article 12. Socialist public property is sacred and inviolable. The state protects socialist public
property. Appropriation or damage 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 by law the right of citizens to inherit private property.

Article 14. The state continuously raises labour 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 organization of work. The state practises strict
economy and combats waste. The state properly apportions accumulation and consumption, pays
attention to 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 practises economic planning on the basis of socialist public ownership. It
ensures the proportionate and co-ordinated growth of the national economy through overall balancing
by economic planning and the supplementary role of regulation by the market. Disturbance of the
orderly functioning of the social economy or disruption of the state economic plan by any
organization or individual is prohibited.

Article 16. State enterprises have decision-making power in operation and management within
the limits prescribed by law, on condition that they submit to unified leadership by the state and
fulfil all their obligations under the state plan. State enterprises practise 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 conducting

independent economic activities, on condition that they accept the guidance of the state plan and
abide by the relevant laws. Collective economic organizations practise democratic management in
accordance with the law, with the entire body of their workers electing or removing their managerial
personnel and deciding on 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 co-operation with Chinese enterprises and other economic organizations in accordance with
the law of the People's Republic of China. All foreign enterprises and other foreign economic
organizations in China, as well as joint ventures with Chinese and foreign investment located in
China, shall abide by the law of the People's Republic of China. Their lawful rights and interests are
protected by the law of the People's Republic of China.

Article 19. The state develops socialist educational undertakings and works to raise the scientific
and cultural level of the whole nation. The state runs schools of various types, makes primary
education compulsory and universal, develops secondary, vocational and higher education and
promotes pre-school education. The state develops educational facilities of various types in order to
wipe out illiteracy and provide political, cultural, scientific, technical and professional education for
workers, peasants, state functionaries and other working people. It encourages people to become
educated through self- study. The state encourages the collective economic organizations, state
enterprises and undertakings and other social forces to set up educational institutions of various types
in accordance with the law. The state promotes the nationwide use of Putonghua (common speech
based on Beijing pronunciation).

Article 20. The state promotes the development of the natural and social sciences, disseminates
scientific and technical knowledge, and commends and rewards achievements in scientific research as
well as technological discoveries 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 undertakings and neighbourhood
organizations, and promotes sanitation activities of a mass character, all to protect the people's health.
The state develops physical culture and promotes mass sports activities to build up the people's
physique.

Article 22. The state promotes the development of literature and art, the press, broadcasting and
television undertakings, publishing and distribution services, libraries, museums, cultural centres and
other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities.
The state protects places of scenic and historical interest,valuable cultural monuments and relics and
other important items of China's historical and cultural heritage.

Article 23. The state trains specialized personnel in all fields who serve socialism, increases the
number of intellectuals and creates conditions to give full scope to their role in socialist
modernization.

Article 24. The state strengthens the building of socialist spiritual civilization through spreading
education in high ideals and morality, general education and education in discipline and the legal
system, and through promoting the formulation and observance of rules of conduct and common
pledges by different sections of the people in urban and rural areas. The state advocates the civic
virtues of love for the motherland, for the people, for labour, for science and for socialism; it educates
the people in patriotism, collectivism, internationalism and communism and in dialectical and
historical materialism; it combats the decadent ideas of capitalism and feudalism and other decadent
ideas.

Article 25. The state promotes family planning so that population growth may fit the plans for
economic and social development.

Article 26. The state protects and improves the living environment and the ecological
environment, and prevents and controls pollution and other public hazards. The state organizes and
encourages afforestation and the protection of forests.

Article 27. All state organs carry out the principle of simple and efficient administration, the
system of responsibility for work and the system of training functionaries and appraising their work in
order constantly to improve quality of work and efficiency and combat bureaucratism. All state organs
and functionaries must rely on the support of the people, keep in close touch with them, heed their
opinions and suggestions, accept their supervision and work hard to serve them.

Article 28. The state maintains public order and suppresses treasonable and other counter-
revolutionary activities; it penalizes actions that endanger public security and disrupt the socialist
economy and other criminal activities, and punishes and reforms criminals.

Article 29. The armed forces of the People's Republic of China belong to the people. Their tasks
are to strengthen national defence, resist aggression, defend the motherland, safeguard the people's
peaceful labour, participate in national reconstruction, and work hard to serve the people. The state
strengthens the revolutionization, modernization and regularization of the armed forces in order to
increase the national defence capability.

Article 30. The administrative division of the People's Republic of China is as follows: (1) The
country is divided into provinces, autonomous regions and municipalities directly under the Central
Government; (2) Provinces and autonomous regions are divided into autonomous prefectures,
counties, autonomous counties and cities; (3) Counties and autonomous counties are divided into
townships, nationality townships and towns. Municipalities directly under the Central Government
and other large cities are divided into districts and counties. Autonomous prefectures are divided into
counties, autonomous counties, and cities. All autonomous regions, autonomous prefectures and
autonomous counties are national autonomous areas.

Article 31. The state may establish special administrative regions when necessary. The systems to
be instituted in special administrative regions shall be prescribed by law enacted by the National
People's Congress in the light of the specific conditions.

Article 32. The People's Republic of China protects the lawful rights and interests of foreigners
within Chinese territory, and while on Chinese territory foreigners must abide by the law of the
People's Republic of China. The People's Republic of China may grant asylum to foreigners who
request it for political reasons.

CHAPTER II. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

Article 33. All persons holding the nationality of the People's Republic of China are citizens of
the People's Republic of China. All citizens of the People's Republic of China are equal before the
law. Every citizen enjoys the rights and at the same time must perform the duties prescribed by the
Constitution and the law.

Article 34. All citizens of the People's Republic of China who have reached the age of 18 have
the right to vote and stand for election, regardless of nationality, race, sex, occupation, family
background, religious belief, education, property status, or length of residence, except persons
deprived of political rights according to law.

Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of
assembly, of association, of procession and of demonstration.

Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief. No state
organ, public organization or individual may compel citizens to believe in, or not to believe in, any
religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The state protects normal religious activities. No one may make use of religion to engage in activities
that disrupt public order, impair the health of citizens or interfere with the educational system of the
state. Religious bodies and religious affairs are not subject to any foreign domination.

Article 37. The freedom of person of citizens of the People's Republic of China is inviolable. No
citizen may be arrested except with the approval or by decision of a people's procuratorate or by
decision of a people's court, and arrests must be made by a public security organ. Unlawful
deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and
unlawful search of the person of citizens is prohibited. Article 38. The personal dignity of citizens of
the People's Republic of China is inviolable. Insult, libel, false charge or frame-up directed against
citizens by any means is prohibited.

Article 39. The home of citizens of the People's Republic of China is inviolable. Unlawful search
of, or intrusion into, a citizen's home is prohibited.

Article 40. The freedom and privacy of correspondence of citizens of the People's Republic of
China are protected by law. No organization or individual may, on any ground, infringe upon the
freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state
security or of investigation into criminal offences, public security or procuratorial organs are
permitted to censor correspondence in accordance with procedures prescribed by law.

Article 41. Citizens of the People's Republic of China have the right to criticize and make
suggestions to any state organ or functionary. Citizens have the right to make to relevant state
organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by
any state organ or functionary; but fabrication or distortion of facts with the intention of libel or
frame-up is prohibited. In case of complaints, charges or exposures made by citizens, the state organ
concerned must deal with them in a responsible manner after ascertaining the facts. No one may
suppress such complaints, charges and exposures, or retaliate against the citizens making them.
Citizens who have suffered losses through infringement of their civil rights by any state organ or
functionary have the right to compensation in accordance with the law.

Article 42. Citizens of the People's Republic of China have the right as well as the duty to work.
Using various channels, the state creates conditions for employment, strengthens labour protection,
improves working conditions and, on the basis of expanded production, increases remuneration for
work and social benefits. Work is the glorious duty of every able-bodied citizen. All working people
in state enterprises and in urban and rural economic collectives should perform their tasks with an
attitude consonant with their status as masters of the country. The state promotes socialist labour
emulation, and commends and rewards model and advanced workers. The state encourages citizens to
take part in voluntary labour. The state provides necessary vocational training to citizens before they
are employed.

Article 43. Working people in the People's Republic of China have the right to rest. The state
expands facilities for rest and recuperation of working people, and prescribes working hours and
vacations for workers and staff.

Article 44. The state prescribes by law the system of retirement for workers and staff in
enterprises and undertakings and for functionaries of organs of state. The livelihood of retired
personnel is ensured by the state and society.

Article 45. Citizens of the People's Republic of China have the right to material assistance from
the state and society when they are old, ill or disabled. The state develops the social insurance,
social relief and medical and health services that are required to enable citizens to enjoy this right. The
state and society ensure the livelihood of disabled members of the armed forces, provide pensions to
the families of martyrs and give preferential treatment to the families of military personnel. The state
and society help make arrangements for the work, livelihood and education of the blind, deaf-mute
and other handicapped citizens.

Article 46. Citizens of the People's Republic of China have the duty as well as the right to
receive education. The state promotes the all-round moral, intellectual and physical development of
children and young people.

Article 47. Citizens of the People's Republic of China have the freedom to engage in scientific
research, literary and artistic creation and other cultural pursuits. The state encourages and assists
creative endeavours conducive to the interests of the people made by citizens engaged in education,
science, technology, literature, art and other cultural work.

Article 48. Women in the People's Republic of China enjoy equal rights with men in all spheres of
life, political, economic, cultural and social, and family life. The state protects the rights and interests
of women, applies the principle of equal pay for equal work for men and women alike and trains and
selects cadres from among women.

Article 49. Marriage, the family, and mother and child are protected by the state. Both husband
and wife have the duty to practise family planning. Parents have the duty to rear and educate their
minor children, and children who have come of age have the duty to support and assist their parents.
Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is
prohibited.

Article 50. The People's Republic of China protects the legitimate rights and interests of Chinese
nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese
and of the family members of Chinese nationals residing abroad.

Article 51. The exercise by citizens of the People's Republic of China of their freedoms and
rights may not infringe upon the interests of the state, of society and of the collective, or upon the
lawful freedoms and rights of other citizens.

Article 52. It is the duty of citizens of the People's Republic of China to safeguard the unity of
the country and the unity of all its nationalities.

Article 53. Citizens of the People's Republic of China must abide by the constitution and the
law, keep state secrets, protect public property and observe labour discipline and public order and
respect social ethics.

Article 54. It is the duty of citizens of the People's Republic of China to safeguard the security,
honour and interests of the motherland; they must not commit acts detrimental to the security,
honour and interests of the motherland.

Article 55. It is the sacred obligation of every citizen of the People's Republic of China to defend
the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic
of China to perform military service and join the militia in accordance with the law.

Article 56. It is the duty of citizens of the People's Republic of China to pay taxes in accordance
with the law.

CHAPTER III. THE STRUCTURE OF THE STATE

SECTION 1. THE NATIONAL PEOPLE'S CONGRESS

Article 57. The National People's Congress of the People's Republic of China is the highest
organ of state power. Its permanent body is the Standing Committee of the National People's
Congress.
Article 58. The National People's Congress and its Standing Committee exercise the legislative
power of the state.

Article 59. The National People's Congress is composed of deputies elected by the provinces,
autonomous regions and municipalities directly under the Central Government, and by the
armed forces. All the minority nationalities are entitled to appropriate representation. Election of
deputies to the National People's Congress is conducted by the Standing Committee of the National
People's Congress. The number of deputies to the National People's Congress and the manner of their
election are prescribed by law.

Article 60. The National People's Congress is elected for a term of five years. Two months before
the expiration of the term of office of a National People's Congress, its Standing Committee must
ensure that the election of deputies to the succeeding National People's Congress is completed. Should
exceptional circumstances prevent such an election, it may be postponed by decision of a majority
vote of more than two- thirds of all those on the Standing Committee of the incumbent National
People's Congress, and the term of office of the incumbent National People's Congress may be
extended. The election of deputies to the succeeding National People's Congress must be completed
within one year after the termination of such exceptional circumstances.

Article 61. The National People's Congress meets in session once a year and is convened by its
Standing Committee. A session of the National People's Congress may be convened at any time the
Standing Committee deems this necessary, or when more than one-fifth of the deputies to the National
People's Congress so propose. When the National People's Congress meets, it elects a presidium to
conduct its session.

Article 62. The National People's Congress exercises the following functions and powers:

(1) To amend the Constitution;

(2) To supervise the enforcement of the Constitution;

(3) To enact and amend basic statutes concerning criminal offences, civil affairs, the state organs and
other matters;

(4) To elect the President and the Vice-President of the People's Republic of China; (previously
translated as Chairman and Vice-Chairman of the People's Republic of China--translator's note.)

(5) To decide on the choice of the Premier of the State Council upon nomination by the President of
the People's Republic of China, and to decide on the choice of the Vice-Premiers, State Councillors,
Ministers in charge of Ministries or Commissions and the Auditor-General and the Secretary-General
of the State Council upon nomination by the Premier;

(6) To elect the Chairman of the Central Military Commission and, upon his nomination, to decide on
the choice of the other members of the Central Military Commission;
(7) To elect the President of the Supreme People's Court;

(8) To elect the Procurator-General of the Supreme People's Procuratorate;

(9) To examine and approve the plan for national economic and social development and the reports on
its implementation;

(10) To examine and approve the state budget and the report on its implementation;

(11) To alter or annul inappropriate decisions of the Standing Committee of the National People's
Congress;

(12) To approve the establishment of provinces, autonomous regions, and municipalities directly
under the Central Government;

(13) To decide on the establishment of special administrative regions and the systems to be instituted
there;

(14) To decide on questions of war and peace; and

(15) To exercise such other functions and powers as the highest organ of state power should exercise.

Article 63. The National People's Congress has the power to recall or remove from office the
following persons:

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

(2) The Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministries or Commissions
and the Auditor-General and the Secretary-General of the State Council;

(3) The Chairman of the Central Military Commission and others on the commission;

(4) The President of the Supreme People's Court; and

(5) The Procurator-General of the Supreme People's Procuratorate.

Article 64. Amendments to the Constitution are to be proposed by the Standing Committee of
the National People's Congress or by more than one-fifth of the deputies to the National People's
Congress and adopted by a majority vote of more than two-thirds of all the deputies to the
Congress. Statutes and resolutions are adopted by a majority vote of more than one half of all the
deputies to the National People's Congress.

Article 65. The Standing Committee of the National People's Congress is composed of the
following: The Chairman; The Vice-Chairmen; The Secretary-General; and Members. Minority
nationalities are entitled to appropriate representation on the Standing Committee of the National
People's Congress. The National People's Congress elects, and has the power to recall, all those on its
Standing Committee. No one on the Standing Committee of the National People's Congress shall hold
any post in any of the administrative, judicial or procuratorial organs of the state.

Article 66. The Standing Committee of the National People's Congress is elected for the same
term as the National People's Congress; it exercises its functions and powers until a new Standing
Committee is elected by the succeeding National People's Congress. The Chairman and Vice-
Chairmen of the Standing Committee shall serve no more than two consecutive terms.

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

(1) To interpret the Constitution and supervise its enforcement;

(2) To enact and amend statutes with the exception of those which should be enacted by the National
People's Congress;

(3) To enact,when the National People's Congress is not in session, partial supplements and
amendments to statutes enacted by the National People's Congress provided that they do not
contravene the basic principles of these statutes;

(4) To interpret statutes;

(5) To examine and approve, when the National People's Congress is not in session, partial
adjustments to the plan for national economic and social development and to the state budget that
prove necessary in the course of their implementation;

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

(7) To annual those administrative rules and regulations, decisions or orders of the State Council that
contravene the Constitution or the statutes;

(8) To annul those local regulations or decisions of the organs of state power of provinces,
autonomous regions and municipalities directly under the Central Government that contravene the
Constitution, the statutes or the administrative rules and regulations;

(9) To decide, when the National People's Congress is not in session, on the choice of Ministers in
charge of Ministries or Commissions or the Auditor-General and the Secretary-General of the State
Council upon nomination by the Premier of the State Council;

(10) To decide, upon nomination by the Chairman of the Central Military Commission, on the choice
of others on the commission, when the National People's Congress is not in session;

(11) To appoint and remove the Vice-Presidents and judges of the Supreme People's Court, members
of its Judicial Committee and the President of the Military Court at the suggestion of the President of
the Supreme People's Court;

(12) To appoint and remove the Deputy Procurators-General and procurators of the Supreme People's
Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military
Procuratorate at the request of the Procurator-General of the Supreme People's Procuratorate, and to
approve the appointment and removal of the chief procurators of the people's procuratorates of
provinces, autonomous regions and municipalities directly under the Central Government;

(13) To decide on the appointment and recall of plenipotentiary representatives abroad;

(14) To decide on the ratification and abrogation of treaties and important agreements concluded with
foreign states;

(15) To institute systems of titles and ranks for military and diplomatic personnel and of other specific
titles and ranks;

(16) To institute state medals and titles of honour and decide on their conferment;

(17) To decide on the granting of special pardons;

(18) To decide, when the National People's Congress is not in session, on the proclamation of a state
of war in the event of an armed attack on the country or in fulfillment of international treaty
obligations concerning common defence against aggression;

(19) To decide on general mobilization or partial mobilization;

(20) To decide on the enforcement of martial law throughout the country or in particular provinces,
autonomous regions or municipalities directly under the Central Government; and

(21) To exercise such other functions and powers as the National People's Congress may assign to it.

Article 68. The Chairman of the Standing Committee of the National People's Congress presides
over the work of the Standing Committee and convenes its meetings. The Vice-Chairmen and the
Secretary-General assist the Chairman in his work. Chairmanship meetings with the participation of
the chairman, vice- chairmen and secretary-general handle the important day-to-day work of the
Standing Committee of the National People's Congress.

Article 69. The Standing Committee of the National People's Congress is responsible to the
National People's Congress and reports on its work to the Congress.

Article 70. The National People's Congress establishes a Nationalities Committee, a Law
Committee, a Finance and Economic Committee, an Education, Science, Culture and Public
Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such
other special committees as are necessary. These special committees work under the direction of the
Standing Committee of the National People's Congress when the Congress is not in session. The
special committees examine, discuss and draw up relevant bills and draft resolutions under the
direction of the National People's Congress and its Standing Committee.

Article 71. The National People's Congress and its Standing Committee may, when they deem it
necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in
the light of their reports. All organs of state, public organizations and citizens concerned are obliged to
supply the necessary information to those committees of inquiry when they conduct investigations.

Article 72. Deputies to the National People's Congress and all those on its Standing Committee
have the right, in accordance with procedures prescribed by law, to submit bills and proposals
within the scope of the respective functions and powers of the National People's Congress and its
Standing Committee.

Article 73. Deputies to the National People's Congress during its sessions, and all those on its
Standing Committee during its meetings, have the right to address questions, in accordance with
procedures prescribed by law, to the State Council or the ministries and commissions under the State
Council, which must answer the questions in a responsible manner.

Article 74. No deputy to the National People's Congress may be arrested or placed on criminal
trial without the consent of the Presidium of the current session of the National People's
Congress or, when the National People's Congress is not in session, without the consent of its
StandingCommittee.

Article 75. Deputies to the National People's Congress may not be called to legal account for
their speeches or votes at its meetings.

Article 76. Deputies to the National People's Congress must play an exemplary role in abiding
by the Constitution and the law and keeping state secrets and, in production and other work and their
public activities, assist in the enforcement of the Constitution and the law. Deputies to the National
People's Congress should maintain close contact with the units and people which elected them, listen
to and convey their opinions and demands and work hard to serve them.

Article 77. Deputies to the National People's Congress are subject to the supervision of the units
which elected them. The electoral units have the power, through procedures prescribed by law, to
recall the deputies whom they elected.

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

SECTION 2. THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA

Article 79: The President and Vice-President of the People's Republic of China are elected by
the National People's Congress. Citizens of the People's Republic of China who have the right to
vote and to stand for election and who have reached the age of 45 are eligible for election as President
or Vice-President of the People's Republic of China. The term of office of the President and Vice-
President of the People's Republic of China is the same as that of the National People's Congress, and
they shall serve no more than two consecutive terms.

Article 80. The President of the People's Republic of China, in pursuance of decisions of the
National People's Congress and its Standing Committee, promulgates statutes; appoints and
removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of Ministries or
Commissions, and the Auditor- General and the Secretary-General of the State Council; confers
state medals and titles of honour; issues orders of special pardons; proclaims martial law;
proclaims a state of war; and issues mobilization orders.

Article 81. The President of the People's Republic of China receives foreign diplomatic
representatives on behalf of the People's Republic of China and, in pursuance of decisions of the
Standing Committee of the National People's Congress, appoints and recalls plenipotentiary
representatives abroad, and ratifies and abrogates treaties and important agreements concluded with
foreign states.

Article 82. The Vice-President of the People's Republic of China assists the President in his
work. The Vice-President of the People's Republic of China may exercise such parts of the functions
and powers of the President as the President may entrust to him.

Article 83. The President and Vice-President of the People's Republic of China exercise their
functions and powers until the new President and Vice- President elected by the succeeding National
People's Congress assume office.

Article 84. In case the office of the President of the People's Republic of China falls vacant, the
Vice-President succeeds to the office of President. In case the office of the Vice-President of the
People's Republic of China falls vacant, the National People's Congress shall elect a new Vice-
President to fill the vacancy. In the event that the offices of both the President and the Vice-President
of the People's Republic of China fall vacant, the National People's Congress shall elect a new
President and a new Vice-President. Prior to such election, the Chairman of the Standing Committee
of the National People's Congress shall temporarily act as the President of the People's Republic of
China.

SECTION 3. THE STATE COUNCIL

Article 85. The State Council, that is, the Central People's Government of the People's Republic
of China, is the executive body of the highest organ of state power; it is the highest organ of
state administration.

Article 86. The State Council is composed of the following: The Premier; The Vice-Premiers; The
State Councillors; The Ministers in charge of Ministries; The Ministers in charge of Commissions;
The Auditor- General; and The Secretary-General. The Premier has overall responsibility for the State
Council. The Ministers have overall responsibility for the respective ministries or commissions under
their charge. The organization of the State Council is prescribed by law.

Article 87. The term of office of the State Council is the same as that of the National People's
Congress. The Premier, Vice-Premiers and State Councillors shall serve no more than two
consecutive terms.

Article 88. The Premier directs the work of the State Council. The Vice- Premiers and State
Councillors assist the Premier in his work. Executive meetings of the State Council are composed of
the Premier, the Vice-Premiers, the State Councillors and the Secretary-General of the State Council.
The Premier convenes and presides over the executive meetings and plenary meetings of the State
Council.

Article 89. The State Council exercises the following functions and powers: (1) To adopt
administrative measures,enact administrative rules and regulations and issue decisions and orders in
accordance with the Constitution and the statutes; (2) To submit proposals to the National People's
Congress or its Standing Committee; (3) To lay down the tasks and responsibilities of the ministries
and commissions of the State Council, to exercise unified leadership over the work of the ministries
and commissions and to direct all other administrative work of a national character that does not fall
within the jurisdiction of the ministries and commissions; (4) To exercise unified leadership over the
work of local organs of state administration at different levels throughout the country, and to lay down
the detailed division of functions and powers between the Central Government and the organs of state
administration of provinces, autonomous regions and municipalities directly under the Central
Government; (5) To draw up and implement the plan for national economic and social development
and the state budget; (6) To direct and administer economic work and urban and rural development;
(7) To direct and administer the work concerning education, science, culture, public health, physical
culture and family planning; (8) To direct and administer the work concerning civil affairs, public
security, judicial administration, supervision and other related matters; (9) To conduct foreign affairs
and conclude treaties and agreements with foreign states; (10) To direct and administer the building of
national defence; (11) To direct and administer affairs concerning the nationalities and to safeguard
the equal rights of minority nationalities and the right of autonomy of the national autonomous areas;
(12) To protect the legitimate rights and interests of Chinese nationals residing abroad and protect the
lawful rights and interests of returned overseas Chinese and of the family members of Chinese
nationals residing abroad; (13) To alter or annul inappropriate orders, directives and regulations issued
by the ministries or commissions; (14) To alter or annul inappropriate decisions and orders issued by
local organs of state administration at different levels; (15) To approve the geographic division of
provinces, autonomous regions and municipalities directly under the Central Government, and to
approve the establishment and geographic division of autonomous prefectures, counties, autonomous
counties and cities; (16) To decide on the enforcement of martial law in parts of provinces,
autonomous regions and municipalities directly under the Central Government; (17) To examine and
decide on the size of administrative organs and, in accordance with the law, to appoint, remove and
train administrative officers, appraise their work and reward or punish them; and (18) To exercise
such other functions and powers as the National People's Congress or its Standing Committee may
assign it.

Article 90. The ministers in charge of ministries or commissions of the State Council are
responsible for the work of their respective departments and convene and preside over their
ministerial meetings or commission meetings that discuss and decide on major issues in the work of
their respective departments. The ministries and commissions issue orders, directives and regulations
within the jurisdiction of their respective departments and in accordance with the statutes and the
administrative rules and regulations, decisions and orders issued by the State Council.

Article 91. The State Council establishes an auditing body to supervise through auditing the
revenue and expenditure of all departments under the State Council and of the local
governments at different levels, and those of the state financial and monetary organizations and of
enterprises and undertakings. Under the direction of the Premier of the State Council,the auditing
body independently exercises its power to supervise through auditing in accordance with the law,
subject to no interference by any other administrative organ or any public organization or individual.

Article 92. The State Council is responsible, and reports on its work, to the National People's
Congress or, when the National People's Congress is not in session, to its Standing Committee.

SECTION 4. THE CENTRAL MILITARY COMMISSION

Article 93. The Central Military Commission of the People's Republic of China directs the
armed forces of the country. The Central Military Commission is composed of the following: The
Chairman; The Vice-Chairmen; and Members. The Chairman of the Central Military Commission has
overall responsibility for the commission. The term of office of the Central Military Commission is
the same as that of the National People's Congress.

Article 94. The Chairman of the Central Military Commission is responsible to the National
People's Congress and its Standing Committee.

SECTION 5. THE LOCAL PEOPLE'S CONGRESS AND THE LOCAL PEOPLE'S

GOVERNMENTS AT DIFFERENT LEVELS

Article 95. People's congresses and people's governments are established in provinces,
municipalities directly under the Central Government, counties, cities, municipal districts,
townships, nationality townships and towns. The organization of local people's congresses and local
people's governments at different levels is prescribed by law. Organs of self-government are
established in autonomous regions, autonomous prefectures and autonomous counties. The
organization and working procedures of organs of self-government are prescribed by law in
accordance with the basic principles laid down in Sections V and VI of Chapter Three of the
Constitution.

Article 96. Local people's congresses at different levels are local organs of state power. Local
people's congresses at and above the county level establish standing committees.

Article 97. Deputies to the people's congresses of provinces, municipalities directly under the Central
Government, and cities divided into districts are elected by the people's congresses at the next lower
level; deputies to the people'scongresses of counties, cities not divided into districts, municipal
districts, townships, nationality townships and towns are elected directly by their constituencies. The
number of deputies to local people's congresses at different levels and the manner of their election are
prescribed by law.

Article 98. The term of office of the people's congresses of provinces, municipalities directly
under the Central Government and cities divided into districts is five years. The term of office of
the people's congresses of counties, cities not divided into districts, municipal districts, townships,
nationality townships and towns is three years.

Article 99. Local people's congresses at different levels ensure the observance and
implementation of the Constitution, the statutes and the administrative rules and regulations in their
respective administrative areas. Within the limits of their authority as prescribed by law, they adopt
and issue resolutions and examine and decide on plans for local economic and cultural development
and for development of public services. Local people's congresses at and above the county level
examine and approve the plans for economic and social development and the budgets of their
respective administrative areas, and examine and approve reports on their implementation. They have
the power to alter or annul inappropriate decisions of their own standing committees. The people's
congresses of nationality townships may, within the limits of their authority as prescribed by law, take
specific measures suited to the peculiarities of the nationalities concerned.

Article 100. The people's congresses of provinces and municipalities directly under the Central
Government, and their standing committees, may adopt local regulations, which must not contravene
the Constitution, the statutes and the administrative rules and regulations, and they shall report such
local regulations to the Standing Committee of the National People's Congress for the record.

Article 101. At their respective levels, local people's congresses elect, and have the power to
recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy
heads of counties, districts, townships and towns. Local people's congresses at and above the
county level elect, and have the power to recall, presidents of people's courts and chief procurators of
people's procuratorates at the corresponding level. The election or recall of chief procurators of
people's procuratorates shall be reported to the chief procurators of the people's procuratorates at the
next higher level for submission to the standing committees of the people's congresses at the
corresponding level for approval.

Article 102. Deputies to the people's congresses of provinces, municipalities, directly under the
Central Government and cities divided into districts are subject to supervision by the units
which elected them; deputies to the people's congresses of counties, cities not divided into districts,
municipal districts, townships, nationality townships and towns are subject to supervision by their
constituencies. The electoral units and constituencies which elect deputies to local people's congresses
at different levels have the power, according to procedures prescribed by law, to recall deputies whom
they elected.

Article 103. The standing committee of a local people's congress at and above the county level is
composed of a chairman, vice-chairmen and members, and is responsible, and reports on its work,
to the people's congress at the corresponding level. The local people's congress at and above the
county level elects, and has the power to recall, anyone on the standing committee of the people's
congress at the corresponding level. No one on the standing committee of a local people's congress at
and above the county level shall hold any post in state administrative, judicial and procuratorial
organs.

Article 104. The standing committee of a local people's congress at and above the county level
discusses and decides on major issues in all fields of work in its administrative area; supervises
the work of the people's government, people's court and people's procuratorate at the corresponding
level; annuls inappropriate decisions and orders of the people's government at the corresponding level;
annuls inappropriate resolutions of the people's congress at the next lower level; decides on the
appointment and removal of functionaries of state organs within its jurisdiction as prescribed by law;
and, when the people's congress at the corresponding level is not in session, recalls individual deputies
to the people's congress at the next higher level and elects individual deputies to fill vacancies in that
people's congress.

Article 105. Local people's governments at different levels are the executive bodies of local
organs of state power as well as the local organs of state administration at the corresponding level.
Local people's governments at different levels practise the system of overall responsibility by
governors, mayors, county heads, district heads, township heads and town heads.

Article 106. The term of office of local people's governments at different levels is the same as that
of the people's congresses at the corresponding level.

Article 107. Local people's governments at and above the county level, within the limits of their
authority as prescribed by law, conduct the administrative work concerning the economy,
education, science, culture, public health, physical culture, urban and rural development,
finance, civil affairs, public security, nationalities affairs, judicial administration, supervision
and family planning in their respective administrative areas; issue decisions and orders; appoint,
remove and train administrative functionaries, appraise their work and reward or punish them.
People's governments of townships, nationality townships and towns carry out the resolutions of the
people's congress at the corresponding level as well as the decisions and orders of the state
administrative organs at the next higher level and conduct administrative work in their respective
administrative areas. People's governments of provinces and municipalities directly under the Central
Government decide on the establishment and geographic division of townships, nationality townships
and towns.

Article 108. Local people's governments at and above the county level direct the work of their
subordinate departments and of people's governments at lower levels, and have the power to alter or
annul inappropriate decisions of their subordinate departments and people's governments at lower
levels.

Article 109. Auditing bodies are established by local people's governments at and above the
county level. Local auditing bodies at different levels independently exercise their power to supervise
through auditing in accordance with the law and are responsible to the people's government at the
corresponding level and to the auditing body at the next higher level.

Article 110. Local people's governments at different levels are responsible, and report on their
work, to people's congresses at the corresponding level. Local people's governments at and above
the county level are responsible, and report on their work, to the standing committee of the people's
congress at the corresponding level when the congress is not in session. Local people's governments at
different levels are responsible, and report on their work, to the state administrative organs at the next
higher level. Local people's governments at different levels throughout the country are state
administrative organs under the unified leadership of the State Council and are subordinate to it.

Article 111. The residents' committees and villagers' committees established among urban and
rural residents on the basis of their place of residence are mass organizations of self-management
at the grass-roots level. The chairman, vice-chairmen and members of each residents' or villagers'
committee are elected by the residents. The relationship between the residents' and villagers'
committees and the grass-roots organs of state power is prescribed by law. The residents' and villagers'
committees establish committees for people's mediation, public security, public health and other
matters in order to manage public affairs and social services in their areas, mediate civil disputes, help
maintain public order and convey residents' opinions and demands and make suggestions to the
people's government.

SECTION 6. THE ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS

AREAS

Article 112. The organs of self-government of national autonomous areas are the people's
congresses and people's governments of autonomous regions, autonomous prefectures and
autonomous counties.

Article 113. In the people's congress of an autonomous region, prefecture or county, in addition to
the deputies of the nationality or nationalities exercising regional autonomy in the administrative area,
the other nationalities inhabiting the area are also entitled to appropriate representation. The
chairmanship and vice- chairmenships of the standing committee of the people's congress of an
autonomous region, prefecture or county shall include a citizen or citizens of the nationality or
nationalities exercising regional autonomy in the area concerned.

Article 114. The administrative head of an autonomous region, prefecture or county shall be a
citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area
concerned.

Article 115. The organs of self-government of autonomous regions, prefectures and counties
exercise the functions and powers of local organs of state as specified in Section V of Chapter
Three of the Constitution. At the same time, they exercise the right of autonomy within the limits of
their authority as prescribed by the Constitution, the law of regional national autonomy and other
laws, and implement the laws and policies of the state in the light of the existing local situation.

Article 116. People's congresses of national autonomous areas have the power to enact
autonomy regulations and specific regulations in the light of the political, economic and cultural
characteristics of the nationality or nationalities in the areas concerned. The autonomy
regulations and specific regulations of autonomous regions shall be submitted to the Standing
Committee of the National People's Congress for approval before they go into effect. Those of
autonomous prefectures and counties shall be submitted to the standing committees of the people's
congresses of provinces or autonomous regions for approval before they go into effect, and they shall
be reported to the Standing Committee of the National People's Congress for the record.

Article 117. The organs of self-government of the national autonomous areas have the power of
autonomy in administering the finances of their areas. All revenues accruing to the national
autonomous areas under the financial system of the state shall be managed and used independently by
the organs of self- government of those areas.

Article 118. The organs of self-government of the national autonomous areas independently
arrange for and administer local economic development under the guidance of state plans. In
developing natural resources and building enterprises in the national autonomous areas, the state shall
give due consideration to the interests of those areas.

Article 119. The organs of self-government of the national autonomous areas independently
administer educational, scientific, cultural, public health and physical culture affairs in their
respective areas, sort out and protect the cultural legacy of the nationalities and work for the
development and prosperity of their cultures.

Article 120. The organs of self-government of the national autonomous areas may, in
accordance with the military system of the state and concrete local needs and with the approval
of the State Council, organize local public security forces for the maintenance of public order.

Article 121. In performing their functions, the organs of self-government of the national
autonomous areas, in accordance with the autonomy regulations of the respective areas, employ
the spoken and written language or languages in common use in the locality.

Article 122. The state gives financial, material and technical assistance to the minority
nationalities to accelerate their economic and cultural development. The state helps the national
autonomous areas train large numbers of cadres at different levels and specialized personnel and
skilled workers of different professions and trades from among the nationality or nationalities in those
areas.

SECTION 7. THE PEOPLE'S COURT AND THE PEOPLE'S PROCURATORATES

Article 123. The people's courts in the People's Republic of China are the judicial organs of the
state.

Article 124. The People's Republic of China establishes the Supreme People's Court and the local
people's courts at different levels, military courts and other special people's courts. The term of office
of the President of the Supreme People's Court is the same as that of the National People's Congress;
he shall serve no more than two consecutive terms. The organization of people's courts is prescribed
by law.

Article 125. All cases handled by the people's courts, except for those involving special
circumstances as specified by law, shall be heard in public. The accused has the right of defence.

Article 126. The people's courts shall, in accordance with the law, exercise judicial power
independently and are not subject to interference by administrative organs, public organizations or
individuals.

Article 127. The Supreme People's Court is the highest judicial organ. The Supreme People's
Court supervises the administration of justice by the local people's courts at different levels and by the
special people's courts; people's courts at higher levels supervise the administration of justice by those
at lower levels.

Article 128. The Supreme People's Court is responsible to the National People's Congress and
its Standing Committee. Local people's courts at different levels are responsible to the organs of
state power which created them.

Article 129. The people's procuratorates of the People's Republic of China are state organs for
legal supervision.

Article 130. The People's Republic of China establishes the Supreme People's Procuratorate and
the local people's procuratorates at different levels, military procuratorates and other special people's
procuratorates. The term of office of the Procurator-General of the Supreme People's Procuratorate is
the same as that of the National People's Congress; he shall serve no more than two consecutive
terms. The organization of people's procuratorates is prescribed by law.

Article 131. People's procuratorates shall, in accordance with the law, exercise procuratorial
power independently and are not subject to interference by administrative organs, public
organizations or individuals.

Article 132. The Supreme People's Procuratorate is the highest procuratorial organ. The
Supreme People's Procuratorate directs the work of the local people's procuratorates at different levels
and of the special people's procuratorates; people's procuratorates at higher levels direct the work of
those at lower levels.

Article 133. The Supreme People's Procuratorate is responsible to the National People's
Congress and its Standing Committee. Local people's procuratorates at different levels are
responsible to the organs of state power at the corresponding levels which created them and to the
people's procuratorates at the higher level. Article 134. Citizens of all nationalities have the right to
use the spoken and written languages of their own nationalities in court proceedings. The people's
courts and people's procuratorates should provide translation for any party to the court proceedings
who is not familiar with the spoken or written languages in common use in the locality. In an area
where people of a minority nationality live in a compact community or where a number of
nationalities live together, hearings should be conducted in the language or languages in common use
in the locality; indictments, judgments, notices and other documents should be written, according to
actual needs, in the language or languages in common use in the locality.

Article 135. The people's courts, people's procuratorates and public security organs shall, in
handling criminal cases, divide their functions, each taking responsibility for its own work, and they
shall co- ordinate their efforts and check each other to ensure correct and effective enforcement of
law.

CHAPTER IV. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE CAPITAL

Article 136. The national flag of the People's Republic of China is a red flag with five stars.

Article 137. The national emblem of the People's Republic of China is Tian'anmen in the centre
illuminated by five stars and encircled by ears of grain and a cogwheel.

Article 138. The capital of the People's Republic of China is Beijing.

AMENDENTS TO THE CONSTITUTION

AMENDMENT ONE
(Approved on April 12, 1988, by the 7th NPC at its 1st Session)

1. Article 11 of the Constitution shall include a new paragraph which reads: "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."

2. The fourth paragraph of Article 10 of the Constitution, which provides that "no organization or
individual may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by
unlawful means," shall be amended as: "no organization or individual may appropriate, buy, sell or
otherwise engage in the transfer of land by unlawful means. The right to the use of land may be
transferred according to law."

AMENDMENT TWO
(Approved on March 29, 1993, by the 8th NPC at its 1st Session)

3. The last two sentences of the seventh paragraph of the Preamble which reads "The basic task of the
nation in the years to come is to concentrate its effort on socialist modernization. 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 follow the socialist road, steadily improve socialist institutions, develop socialist democracy,
improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture,
national defense and science and technology step by step to turn China into a socialist country with a
high level of culture and democracy," shall be amended as: "China is at the primary stage of
socialism. The basic task of the nation is, according to the theory of building socialism with Chinese
characteristics, to concentrate its effort on socialist modernization. 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
follow the socialist road, persevere in reform and opening to the outside, steadily improve socialist
institutions, develop socialist democracy, improve the socialist legal system and work hard and self-
reliantly to modernize industry, agriculture, national defense and science and technology step by step
to turn China into a socialist country with prosperity and power, democracy and culture."

4. At the end of the tenth paragraph of the Preamble, add "The system of multi-party cooperation and
political consultation led by the Communist Party of China will exist and develop in China for a long
time to come."

5. article 7 which reads "The State economy is the sector of socialist economy under ownership by the
whole people; it is the leading force in the national economy. The State ensures the consolidation and
growth of the State economy," shall be changed to: "The State-owned economy, that is, the socialist
economy under ownership by the whole people, is the leading force in the national economy. The
State ensures the consolidation and growth of the State-owned economy."

6. The first item of Article 8 which reads "Rural people's communes, agricultural producers'
cooperatives, and other forms of cooperative economy such as producers', supply and marketing,
credit and consumers' cooperatives, belong to the sector of socialist economy under collective
ownership by the working people. 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
private use, engage in household sideline production and raise privately-owned livestock," shall be
amended as: "Rural household-based contract responsibility system with remuneration linked to
output, and other forms of cooperative economy such as producers', supply and marketing, credit and
consumers' cooperatives, belong to the sector of socialist economy under collective ownership by the
working people. 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 private use,
engage in household sideline production and raise privately-owned livestock."

7. Article 15 which reads "The State practices economic planning on the basis of socialist public
ownership. It ensures the proportionate and coordinated growth of the national economy through
overall balancing by economic planning and the supplementary role of regulation by the market.

Disturbance of the orderly functioning of the social economy or disruption of the State economic plan
by any organization or individual is prohibited," shall be changed to: "The state has put into practice a
socialist market economy. The State strengthens formulating economic laws, improves macro
adjustment and control and forbids according to law any units or individuals from interfering with the
social economic order."

8. Article 16 which reads "State enterprises have decision-making power in operation and
management within the limits prescribed by law, on condition that they submit to unified leadership
by the State and fulfil and their obligations under the State plan.

State enterprises practice democratic management through congresses of workers and staff and in
other ways in accordance with the law," shall be revised as: "Stated-owned enterprises have decision-
making power in operation and management 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."

9. Article 17 which reads "Collective economic organizations have decision-making power in

conducting independent economic activities, on condition that they accept the guidance of the State
plan and abide by the relevant laws.

Collective economic organizations practice democratic management in accordance with the law, with
the entire body of their workers electing or removing their managerial personnel and deciding on
major issues concerning operation and management", shall be amended as: "Collective economic
organizations have decision-making power in conducting independent economic activities, on
condition that they abide by the relevant laws. Collective economic organizations practice democratic
management, elect or remove their managerial personnel and decide on major issue concerning
operation and management according to law."

10. The their item of Article 42 which reads "Work is the glorious duty of every able-bodied citizen.
All working people in State enterprises and in urban and rural economic collectives should perform
their tasks with an attitude consonant with their status as masters of the country. The State promotes
socialist labor emulation, and commends and rewards model and advanced workers. The state
encourages citizens to take part in voluntary labor," shall be amended as: "Work is the glorious duty of
every able-bodied citizen. All working people in State-owned enterprises and in urban and rural
economic collectives should perform their tasks with an attitude consonant with their status as masters
of the country. The State promotes socialist labor emulation, and commends and rewards model and
advanced workers. The State encourages citizens to take part in voluntary labor."

11. Article 98 which reads "The term of office of the people's congresses of provinces, municipalities
directly under the Central Government and cities divided into districts is five years. The term of office
of the people's congresses of countries, cities not divided into districts, municipal districts, townships,
nationality townships and towns is three years," shall be revised as: "The term of office of the people's
congresses of provinces, municipalities directly under the Central Government, counties, cities and
municipal districts is five years. The term of office of the people's congresses of townships,
nationality townships and towns is three years."

AMENDMENT THREE
(Approved on March 15, 1999, by the 9th NPC at its 2nd Session)

The original text of paragraph seven in the Preamble of the Constitution is: "Both the victory of
China's new-democratic revolution and the successes of 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-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors
and overcoming numerous difficulties and hardships. China is currently in the primary stage of
socialism. The basic task of the nation is to concentrate its effort on socialist modernization 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,
follow the socialist road, persist in reform and opening-up, steadily improve socialist institutions,
develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to
modernize industry, agriculture, national defense and science and technology step by step to turn
China into a powerful and prosperous socialist country with a high level of culture and democracy."

It is revised into: "Both the victory of China's new-democratic revolution and the successes of 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-Leninism and Mao Zedong Thought, and
by upholding truth, correcting errors and overcoming numerous difficulties and hardships. China will
stay in the primary stage of socialism for a long period of time. The basic task of the nation is to
concentrate its efforts on socialist modernization by following 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, follow the socialist road,
persist in reform and opening-up, steadily improve socialist institutions, develop a socialist market
economy, advance socialist democracy, improve the socialist legal system and work hard and self-
reliantly to modernize industry, agriculture, national defense and science and technology step by step
to turn China into a powerful and prosperous socialist country with a high level of culture and
democracy."

One section is added to Article Five of the Constitution as the first section: "The People's Republic of
China practices ruling the country in accordance with the law and building a socialist country of law."

The original text of Article Six of the Constitution is: "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." "The system of
socialist public ownership supersedes the system of exploitation of man by man; it applies the
principle of 'from each according to his ability, to each according to his work'."

It is revised into:"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. The system of socialist public ownership supersedes the
system of exploitation of man by man; it applies the principle of 'from each according to his ability, to
each according to his work'." "During the primary stage of socialism, the State adheres to the basic
economic system with the public ownership remaining dominant and diverse sectors of the economy
developing side by side, and to the distribution system with the distribution according to work
remaining dominant and the coexistence of a variety of modes of distribution."

The original text of the first section in Article Eight of the Constitution is:"The rural household-based
output-related contracted responsibility system and other forms of the cooperative economy such as
producers', supply and marketing, credit and consumers' cooperatives belong to the sector of the
socialist economy under collective ownership by the working people. 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 private use, engage in household sideline production and
raise privately owned livestock."

It is revised into:"Rural collective economic organizations practice the double-tier management

system that combines unified and separate operations on the basis of the household-based output-
related contracted responsibility system. Various forms of the cooperative economy in rural areas such
as producers', supply and marketing, credit and consumers' cooperatives belong to the sector of the
socialist economy under collective ownership by the working people.

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 private use, engage in
household sideline production and raise privately owned livestock."

The original text of Article 11 of the Constitution is: "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, helps and supervises the individual economy by exercising administrative control." "The State
permits the private economy to exist and develop within the limits prescribed by law. The private
economy is a complement to the socialist public economy. The State protects the lawful rights and
interests of the private economy, and guides, supervises and administers the private economy."

It is revised into: "Individual, private and other non-public economies that exist within the limits
prescribed by law are major components of the socialist market economy." "The State protects the
lawful rights and interests of individual and private economies, and guides, supervises and administers
individual and private economies."

The original text of Article 28 of the Constitution is: "The State maintains public order and suppresses
treasonable and other counter-revolutionary activities; it penalizes actions that endanger public
security and disrupt the socialist economy and other criminal activities, and punishes and reforms
criminals."

It is revised into: "The State maintains public order and suppresses treasonable and other criminal
activities that endanger State security; it penalizes actions that endanger public security and disrupt
the socialist economy and other criminal activities, and punishes and reforms criminals.

AMENDMENT FOURTH
(Approved on March 14, 2004, by the 10th NPC at its 2nd Session)

1 "... along the road of building socialism with Chinese characteristics..." and "...under the guidance of
Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory..."

Revised to: "... along the road of Chinese-style socialism..." and "...under the guidance of Marxism-
Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of 'Three
Represents'..."

2 Seventh paragraph of the Preamble: After "... to modernize the industry, agriculture, national
defence and science and technology step by step..."

Is added: "... promote the co-ordinated development of the material, political and spiritual
civilizations..."

3 The second sentence of the 10th paragraph of the Preamble: "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 that is composed of the democratic parties and people's organizations and
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."

After "... a broad patriotic united front that is composed of the democratic parties and people's
organizations and embraces all socialist working people..." is added "... all builders of socialism, ..."

4 Third paragraph of Article 10: "The State may, in the public interest, requisition land for its use in
accordance with the law."

Revised to: "The State may, in the public interest and in accordance with the provisions of law,
expropriate or requisition land for its use and shall make compensation for the land expropriated or
requisitioned."

5 Second paragraph of Article 11:"The State protects the lawful rights and interests of the individual
and private sectors of the economy, and exercises guidance, supervision and control over individual
and the private sectors of the economy."

Revised to: "The State protects the lawful rights and interests of the non-public sectors of the
economy such as the individual and private sectors of the economy. The State encourages, supports
and guides the development of the non-public sectors of the economy and, in accordance with law,
exercises supervision and control over the non-public sectors of the economy."

6 Article 13: "The State protects the right of citizens to own lawfully earned income, savings, houses
and other lawful property." and "The State protects according to law the right of citizens to inherit
private property."

Revised to: "Citizens' lawful private property is inviolable" and "The State, in accordance with law,
protects the rights of citizens to private property and to its inheritance" and "The State may, in the
public interest and in accordance with law, expropriate or requisition private property for its use and
shall make compensation for the private property expropriated or requisitioned."

7 Article 14 has a fourth paragraph added: "The State establishes a sound social security system
compatible with the level of economic development."

8 Article 33 has a third paragraph added: "The State respects and preserves human rights."

9 The first paragraph of Article 59 is revised to: "The National People's Congress is composed of
deputies elected from the provinces, autonomous regions and municipalities directly under the Central
Government and of deputies elected from the armed forces. All the minority nationalities are entitled
to appropriate representation."

Revised to: "The National People's Congress is composed of deputies elected from the provinces,
autonomous regions, municipalities directly under the Central Government, and the special
administrative regions, and of deputies elected from the armed forces. All the minority nationalities
are entitled to appropriate representation."

10 On "State of Emergency"

Subparagraph 20 of Article 67: "... to decide on the imposition of martial law throughout the country
or in particular provinces, autonomous regions, or municipalities directly under the Central
Government."

Revised to: "... to decide on entering the state of emergency throughout the country or in particular
provinces, autonomous regions, or municipalities directly under the Central Government."
Article 80: "The President of the People's Republic of China ... proclaims martial law, ..."

Revised to: "... proclaims entering of the state of emergency, ..."

Subparagraph 16 of Article 89: "... to decide on the imposition of martial law in parts of provinces,
autonomous regions and municipalities directly under the Central Government..."

Revised to: "... in accordance with the provisions of law, to decide on entering the state of emergency
in parts of provinces, autonomous regions, and municipalities directly under the Central
Government..."

11 Article 81: "The President of the People's Republic of China receives foreign diplomatic
representatives on behalf of the People's Republic of China."

Revised to: "The President of the People's Republic of China, on behalf of the People's Republic of
China, engages in activities involving State affairs and receives foreign diplomatic representatives."

12 Article 98: "The term of office of people's congresses of provinces, municipalities directly under
the Central Government, counties, cities and municipal districts is five years. The term of office of the
people's congresses of townships, nationality townships and towns is three years."

Revised to: "The term of office of the local people's congresses at various levels is five years."

13 Provision on the National Anthem:

Title of Chapter IV: "The National Flag, the National Emblem and the Capital"

Revised to: "The National Flag, the National Anthem, the National Emblem and the Capital"

Article 136 has a second paragraph added: "The National Anthem of the People's Republic of China is
the March of the Volunteers." (Updated on March 22, 2004)

The Constitution of the Republic of China

Adopted by the National Constituent Assembly on 25 December 1946,

promulgated by the National Government on 1 January 1947, and went into effect
on 25 December 1947; Latest revision in April 2000 amended the Constitution with
the inclusion of Eleven Additional Articles.

History of Constitutional Revisions

Table of Contents:

 Chapter I.

GENERAL PROVISIONS
 Chapter II.

RIGHTS AND DUTIES OF THE PEOPLE

 Chapter III.

THE NATIONAL ASSEMBLY

 Chapter IV.

THE PRESIDENCY

 Chapter V.

ADMINISTRATION

 Chapter VI.

LEGISLATION

 Chapter VII.

THE JUDICIARY

 Chapter VIII.

EXAMINATION

 Chapter IX.

CONTROL

 Chapter X.

POWERS OF THE CENTRAL AND LOCAL GOVERNMENTS

 Chapter XI.

SYSTEM OF LOCAL GOVERNMENT

o Section 1 The Province

o Section 2 The County

 Chapter XII.

ELECTION, RECALL, INITIATIVE, AND REFERENDUM

  Chapter XIII.

FUNDAMENTAL NATIONAL POLICIES

o Section 1 National Defense

o Section 2 Foreign Policy

o Section 3 The National Economy

o Section 4 Social Security

o Section 5 Education and Culture

o Section 6 The Frontier Regions

 Chapter XIV.

ENFORCEMENT AND AMENDMENT OF THE CONSTITUTION

 ADDITIONAL ARTICLES OF THE CONSTITUTION OF THE

REPUBLIC OF CHINA

The Constitution of the Republic of China

Preamble
The National Constituent Assembly of the Republic of China, by virtue of
the mandate received from the whole body of citizens, in accordance with
the teachings bequeathed by Dr. Sun Yat-sen in founding the Republic China,
and in order to consolidate the authority of the State, safeguard the rights of
the people, ensure social tranquillity, and promote the welfare of the people,
do hereby adopt this Constitution to be promulgated throughout the land for
faithful and perpetual observance by one and all.

Chapter I General Provisions

Article 1
The Republic of China, founded on the Three Principles of the People, shall
be a democratic republic of the People, by the people, and for the people.

Article 2
The sovereignty of the Republic of China shall reside in the whole body of
citizens.

Article 3
Persons with the nationality of the Republic of China shall be citizens of the
Republic of China.

Article 4
The territory of the Republic of China within its existing national boundaries
shall not be altered except by a resolution of the National Assembly.

Article 5
There shall be complete equality among the various ethnic groups in the
Republic of China.

Article 6
The national flag of the Republic of China shall show a red field with a blue
sky and a white sun in the upper left corner.

Chapter II Rights and Duties of the People

Article 7
All citizens of the Republic of China, irrespective of sex, religion, ethnic
origin, class, or party affiliation, shall be equal before the law.

Article 8
(1) Personal freedom shall be guaranteed to the people. In no case except that
of flagrante delicto, which shall be separately prescribed by law, shall any
person be arrested or detained other than by a judicial or police organ in
accordance with the procedure prescribed by law. No person shall be tried or
punished other than by a law court in accordance with the procedure
prescribed by law. Any arrest, detention, trial, or punishment not carried out
in accordance with the procedure prescribed by law may be resisted.
(2) When a person is arrested or detained on suspicion of having committed
a crime, the organ making the arrest or detention shall inform him in writing,
and any relative or friend of his designated by him, of the grounds for his
arrest or detention, and shall turn him over, not later than twenty-four hours
after his arrest, to a competent court for trial. The said person, or any other
person, may petition the competent court to serve a writ on the organ making
the arrest to surrender within twenty-four hours the said person for trial.
(3) The court shall not reject the petition referred to in the preceding
paragraph, nor shall it first of all order the organ concerned to make an
investigation and submit a report thereon. The organ concerned shall not
refuse to comply, or delay in complying, with the writ of the court for the
surrender of the said person for trial.
(4) When a person is unlawfully arrested or detained by any organ, he or any
other person may petition the court to make an investigation. The court shall
not reject such a petition and shall, within twenty-four hours, investigate the
action taken by the organ concerned and deal with the matter in accordance
with law.

Article 9
Except those in active military service, no person shall be liable to court-
martial.

Article 10
The people shall have freedom of residence and of change of residence.

Article 11
The people shall have freedom of speech, teaching, writing, and publication.

Article 12
The people shall have freedom of privacy of correspondence.

Article 13
The people shall have freedom of religious belief.

Article 14
The people shall have freedom of assembly and of association.

Article 15
The right to live, the right to work, and the right to own property shall be
guaranteed to the people.

Article 16
The people shall have the right to present petitions, lodge complaints, and
institute legal proceedings.

Article 17
The people shall have the rights of election, recall, initiative, and
referendum.

Article 18
The people shall have the right to take public examinations and hold public
offices.

Article 19
The people shall have the duty to pay taxes in accordance with law.

Article 20
The people shall have the duty to render military service in accordance with
law.
Article 21
The people shall have the right and the duty, to receive elementary education.

Article 22
All other freedoms and rights of the people that are not detrimental to social
order or public welfare shall be guaranteed under the Constitution.

Article 23
All the freedoms and rights enumerated in the preceding articles shall not be
abridged by law except such as may be necessary to prevent infringement
upon the freedoms of others, to avert an imminent danger, to maintain social
order, or to promote public welfare.

Article 24
Any public employee who, in violation of law, infringes upon the freedom or
right of any person shall, in addition to being subject to disciplinary
punishment in accordance with law, be liable to criminal and civil action.
The victim may, in accordance with law, claim damages from the State for
any injury sustained therefrom.

Chapter III The National Assembly

Article 25
The National Assembly shall, in accordance with the provisions of this
Constitution, exercise political rights on behalf of all the citizens of the
country.

Article 26
The National Assembly shall be composed of the following Delegates:
1. One Delegate shall be elected from each County, Municipality, or area of
equivalent status. In case the population of the electoral district exceeds
500,000, one additional Delegate shall be elected for each additional
500,000. The election of Delegates representing areas equivalent in status to
the County or Municipality shall be prescribed by law.
2. Delegates to represent Mongolia shall be elected on the basis of four for
each League and one for each Special Banner.
3. The number of Delegates to be elected from Tibet shall be prescribed by
law.
4. The number of Delegates to be elected by various ethnic groups in frontier
regions shall be prescribed by law.
5. The number of Delegates to be elected by Chinese citizens residing abroad
shall be prescribed by law.
6. The number of Delegates to be elected by occupational groups shall be
prescribed by law.
7. The number of Delegates to be elected by women's organizations shall be
prescribed by law.

Article 27
(1) The functions of the National Assembly shall be as follows:
1. To elect the President and the Vice President.
2. To recall the President and the Vice President.
3. To amend the Constitution.
4. To vote in the exercise of its right of referendum on proposed
constitutional amendments originating in the Legislative Yuan.
(2) With respect to the rights of initiative and referendum, except as is
provided in Items 3 and 4 of the preceding paragraph, the National Assembly
shall adopt regulations pertaining thereto and put them into effect after one
half of the Counties and Municipalities of the country shall have exercised
their rights of initiative and referendum in their respective jurisdictions.

Article 28
(1) A new election for Delegates to the National Assembly shall be held
every six years.
(2) The term of office of the Delegates to each National Assembly shall
terminate on the day the next National Assembly convenes.
(3) No incumbent government official may be elected a Delegate to the
National Assembly to represent the electoral district in which he holds office.

Article 29
The National Assembly shall be convoked by the President to meet ninety
days prior to the expiration of each Presidential term.

Article 30
(1) An extraordinary session of the National Assembly shall be convoked in
any one of the following circumstances:
1. When, in accordance with the provisions of Article 49, a new President
and a new Vice President are to be elected.
2. When, by a resolution of the Control Yuan, an impeachment of the
President or the Vice President is instituted.
3. When, by a resolution of the Legislative Yuan, an amendment to the
Constitution is proposed.
4. When over two fifths of the Delegates to the National Assembly request
that an extraordinary session be convoked.
(2) When an extraordinary session of the National Assembly is to be
convoked in accordance with Item 1 or Item 2 of the preceding paragraph,
the President of the Legislative Yuan shall issue the notice of convocation;
when it is to be convoked in accordance with Item 3 or Item 4, it shall be
convoked by the President of the Republic.

Article 31
The National Assembly shall meet at the seat of the Central Government.

Article 32
No Delegate to the National Assembly shall be held responsible outside the
Assembly for opinions expressed or votes cast at meetings of the Assembly.

Article 33
While the Assembly is in session, no Delegate to the National Assembly
shall, except in case of flagrante delicto, be arrested or detained without the
permission of the National Assembly.

Article 34
The organization of the National Assembly, the election and recall of
Delegates to the National Assembly, and the procedure whereby the National
Assembly carries out its functions shall be prescribed by law.

Chapter IV The Presidency

Article 35
The President shall be the Chief of State and shall represent the Republic of
China in foreign relations.

Article 36
The President shall have supreme command of the army, navy, and air force
of the country.

Article 37
The President shall, in accordance with law, promulgate laws and issue
mandates with the countersignature of the President of the Executive Yuan or
with the countersignatures of both the President of the Executive Yuan and
the Ministers or Chairmen of Commissions concerned.

Article 38
The President shall, in accordance with the provisions of this Constitution,
exercise the powers of concluding treaties, declaring war, and making peace.

Article 39
The President may, in accordance with law, declare martial law with the
approval of, or subject to confirmation by, the Legislative Yuan. When the
Legislative Yuan deems it necessary, it may, by a formal resolution, request
the President to lift the martial law already declared.

Article 40
The President shall, in accordance with law, exercise the powers of amnesty,
pardon, remission of sentence, and restitution of civil rights.
Article 41
The President shall, in accordance with law, appoint and dismiss civil and
military officers.

Article 42
The President may, in accordance with law, confer honors and decorations.

Article 43
In case of a natural disaster, an epidemic, or a national financial or economic
crisis that calls for emergency action, the President, if the Legislative Yuan
happens to be in recess, may, by a resolution of the Executive Yuan Council
and in accordance with the Law on Emergency Orders, issue emergency
orders and take such measures as may be necessary to cope with the
situation. But the action thus taken shall be submitted to the Legislative Yuan
for confirmation within one month after issuance of the emergency orders. In
case the Legislative Yuan withholds confirmation, the said orders shall
immediately become null and void.

Article 44
In case of disputes, involving two or more Yuan, other than those for which
provisions are made in this Constitution, the President may call a meeting of
the Presidents of the Yuan concerned to work out a solution therefore.

Article 45
Any citizen of the Republic of China who has reached the age of forty may
be elected President or Vice President.

Article 46
The election of the President and the Vice President shall be prescribed by
law.

Article 47
The President and the Vice President shall serve a term of six years. If re-
elected, they may serve one more term.

Article 48
On assuming office, the President shall take an oath, which shall read as
follows:
"I do solemnly and with all sincerity swear before the people of the whole
country that I will observe the Constitution, faithfully perform my duties,
promote the welfare of the people, and safeguard the security of the State so
as not to betray the people's trust. Should I break my oath, I will submit
myself to severe punishment by the State. This is my solemn oath."

Article 49
In case the office of the President should become vacant, the Vice President
shall succeed to it until the expiration of the original Presidential term. In
case the office of both the President and the Vice President should become
vacant, the President of the Executive Yuan shall act for the President and, in
accordance with the provisions of Article 30 of this Constitution, convoke an
extraordinary session of the National Assembly to elect a new President and
a new Vice President to serve out the unfinished term of the preceding
President. In case the President should, for any cause, be unable to attend to
his official duties, the Vice President shall act for him. In case both the
President and the Vice President should be unable to attend to their official
duties, the President of the Executive Yuan shall act for the President

Article 50
The President shall be relieved of his duties on the day his term of office
expires. If, by that time, the next President has not yet been elected, or if the
President-elect and the Vice President-elect have not yet assumed office, the
President of the Executive Yuan shall act for the President

Article 51
The period during which the President of the Executive Yuan acts for the
President shall not exceed three months.

Article 52
Unless the President is guilty of rebellion or treason, he shall not be liable to
criminal prosecution without having been recalled or relieved of his duties as
President.

Chapter V Administration

Article 53
The Executive Yuan shall be the highest administrative organ of the State.

Article 54
The Executive Yuan shall have a President, a Vice President, and a number
of Ministers and Chairmen of Commissions, and Ministers without Portfolio.

Article 55
(1) The President of the Executive Yuan shall be nominated and, upon
confirmation by the Legislative Yuan, appointed by the President of the
Republic.
(2) If the President of the Executive Yuan should resign or his office should
become vacant when the Legislative Yuan is not in session, his duties and
functions shall be performed for him by the Vice President of the Executive
Yuan. But the President of the Republic shall, within forty days, request the
Legislative Yuan to convoke a meeting for the confirmation of the nominee
he has selected as the next President of the Executive Yuan. Pending
confirmation of the nominee, the Vice President of the Executive Yuan shall
temporarily perform the duties and function of the President of the said Yuan.

Article 56
The Vice President of the Executive Yuan, Ministers and Chairmen of
Commissions, and Ministers without Portfolio shall be appointed by the
President of the Republic upon the recommendation of the President of the
Executive Yuan.

Article 57
The Executive Yuan shall be responsible to the Legislative Yuan in
accordance with the following provisions:
1. The Executive Yuan has the duty to present to the Legislative Yuan a
policy statement and an administrative report. When the Legislative Yuan is
in session, its Members have the right to interpellate the President of the
Executive Yuan and Ministers and Chairmen of Commissions of the said
Yuan.
2. In case the Legislative Yuan does not agree with any major policy of the
Executive Yuan, it may, by a formal resolution, request the Executive Yuan
to change it. Confronted with the Legislative Yuan's resolution, the Executive
Yuan may, with the approval of the President of the Republic, request the
Legislative Yuan for reconsideration. If, during reconsideration, two thirds of
the members of the Legislative Yuan present at the meeting uphold the
original resolution, the President of the Executive Yuan shall either accede to
the Legislative Yuan's view or tender his resignation.
3. In case the Executive Yuan deems an enactment, a budget, or a treaty
passed by the Legislative Yuan difficult to enforce, it may, with the approval
of the President of the Republic and within ten days after the transmission of
the Legislative Yuan's message, request the latter for reconsideration. If,
during reconsideration, two thirds of the members of the Legislative Yuan
present at the meeting uphold the original resolution, the President of the
Executive Yuan shall either abide by the Legislative Yuan's resolution or
tender his resignation.

Article 58
(1) In the Executive Yuan there shall be an Executive Yuan Council to be
composed of its President, Vice President, Ministers and Chairmen of
Commissions, and Ministers without Portfolio, with its President as
Chairman.
(2) Bills on proposed laws, budgets, martial law, amnesty, declaration of war,
conclusion of peace, treaties, and other important matters to be submitted to
the Legislative Yuan, as well as matters of common concern to all the
ministries and commissions, shall be laid before the Executive Yuan Council
by the President of the Executive Yuan and by the various Ministers and
Chairmen of Commissions for its consideration and decision.

Article 59
The Executive Yuan shall, three months before the beginning of each fiscal
year, submit to the Legislative Yuan a budgetary bill for the following fiscal
year.

Article 60
The Executive Yuan shall, within four months after the end of each fiscal
year, submit to the Control Yuan a final financial statement of the year.

Article 61
The organization of the Executive Yuan shall be prescribed by law.

Chapter VI Legislation

Article 62
The Legislative Yuan shall be the highest legislative organ of the State. It
shall be composed of Members elected by the people and shall exercise
legislative power on their behalf.

Article 63
The Legislative Yuan shall have the power to pass bills on laws, budgets,
martial law, amnesty, declaration of war, conclusion of peace, treaties, and
other important matters of State.

Article 64
(1) Members of the Legislative Yuan shall be elected in accordance with the
following provisions:
1. Those to be elected from the Provinces or Municipalities under the direct
jurisdiction of the Executive Yuan shall be five for each Province or
Municipality with a population of not more than 3,000,000; where the
population exceeds 3,000,000, one additional member shall be elected for
each additional 1,000,000.
2. Those to be elected from Mongolian Leagues and Banners.
3. Those to be elected from Tibet.
4. Those to be elected by the ethnic groups in frontier regions.
5. Those to be elected by Chinese citizens residing abroad.
6. Those to be elected by occupational groups.
(2) The election of Members of the Legislative Yuan and the number of those
to be elected under Items 2 to 6 of the preceding paragraph shall be
prescribed by law. The number of women to be elected under all the items of
the preceding paragraph shall be prescribed by law.

Article 65
Members of the Legislative Yuan shall serve a term of three years and shall
be re-electable. Their election shall be completed within three months prior
to the expiration of each term.
Article 66
The Legislative Yuan shall have a President and a Vice President to be
elected from among its Members.

Article 67
(1) The Legislative Yuan may set up various committees.
(2) The various committees of the Legislative Yuan may invite government
officials and concerned individuals in society at large to be present at the
committee meetings to present their views.

Article 68
The Legislative Yuan shall hold two sessions each year and shall convene of
its own accord. The first session shall be from February to the end of May,
and the second from September to the end of December. Any session may be
prolonged, if necessary.

Article 69
An extraordinary session of the Legislative Yuan may be held in either of the
following circumstances:
1. At the request of the President of the Republic.
2. At the request of over one fourth of its own Members.

Article 70
The Legislative Yuan shall not propose any increase in the budget estimates
submitted by the Executive Yuan.

Article 71
At meetings of the Legislative Yuan, the Presidents of the various Yuan
concerned and the various Ministers and Chairmen of Commissions
concerned may be present to present their views.

Article 72
Law bills passed by the Legislative Yuan shall be transmitted to the President
of the Republic and the Executive Yuan. The President shall, within ten days
after receipt of the bills, promulgate them, but he may also deal with them in
accordance with the provisions of Article 57 of this Constitution.

Article 73
No Member of the Legislative Yuan shall be held responsible outside the
Yuan for opinions expressed or votes cast in the Yuan.

Article 74
No Member of the Legislative Yuan shall, except in case of flagrante delicto,
be arrested or detained without the permission of the Legislative Yuan.

Article 75
No Member of the Legislative Yuan shall concurrently hold a government
post.

Article 76
The organization of the Legislative Yuan shall be prescribed by law.

Chapter VII The Judiciary

Article 77
The Judicial Yuan shall be the highest judicial organ of the State. It shall be
responsible for the trial of civil, criminal, and administrative cases and the
disciplinary punishment of public employees.

Article 78
The Judicial Yuan shall interpret the Constitution and shall have the power to
unify the interpretation of laws and ordinances.

Article 79
(1) The Judicial Yuan shall have a President and a Vice President. The
President and the Vice President of the Judicial Yuan shall be nominated and,
upon confirmation by the Control Yuan, appointed by the President of the
Republic.
(2) The Judicial Yuan shall have a number of Grand Justices to be
responsible for the matters specified in Article 78 of this Constitution. The
Grand Justices shall be nominated and, upon confirmation by the Control
Yuan, appointed by the President of the Republic.

Article 80
Judges shall be impartial. They shall try cases independently, in accordance
with law, and be free from any interference.

Article 81
Judges shall hold office for life. No judge shall be removed from office
unless he has been guilty of a criminal offense or subjected to disciplinary
action, or declared to be under interdiction. No judge shall, except in
accordance with law, be suspended from office, transferred, or liable to
salary cuts.

Article 82
The organization of the Judicial Yuan and the different grades of law courts
shall be prescribed by law.

Chapter VIII Examination

Article 83
The Examination Yuan shall be the highest examination organ of the State. It
shall be responsible for matters relating to examination, employment, official
grading, service rating, salary scales, promotion and transfer, security of
tenure, commendation, pension for the deceased's family, retirement, and
old-age pension.

Article 84
The Examination Yuan shall have a President, a Vice President, and a
number of Members. They shall be nominated and, upon confirmation by the
Control Yuan, appointed by the President of the Republic.

Article 85
Public employees shall be selected through a system of open, competitive
examination. Provincial and area quotas shall be fixed and examinations
shall be held in different areas. No person shall be appointed to a public
office unless he has successfully passed such an examination.

Article 86
The following qualifications shall be determined by examination and
screening by the Examination Yuan in accordance with law:
1. Qualifications for appointment as public employees.
2. Qualifications for practice in specialized professions and as technicians.

Article 87
The Examination Yuan may, with respect to matters for which it is
responsible, submit draft law bills to the Legislative Yuan.

Article 88
Members of the Examination Yuan shall be nonpartisan and shall exercise
their functions independently, in accordance with law.

Article 89
The organization of the Examination Yuan shall be prescribed by law.

Chapter IX Control

Article 90
The Control Yuan shall be the highest control organ of the State. It shall
exercise the powers of consent, impeachment, censure, and auditing.

Article 91
The Control Yuan shall be composed of Members to be elected by Provincial
and Municipal Councils, the local Councils of Mongolia and Tibet, and
Chinese citizens residing abroad. Their quotas shall be allotted according to
the following provisions:
1. Five Members for each Province.
2. Two Members for each Municipality under the direct jurisdiction of the
Executive Yuan.
3. Eight Members for the Mongolian Leagues and Banners.
4. Eight Members for Tibet.
5. Eight Members for Chinese citizens residing abroad.

Article 92
The Control Yuan shall have a President and a Vice President to be elected
from among its Members.

Article 93
Members of the Control Yuan shall serve a term of six years and may be re-
eligible.

Article 94
In exercising its power of confirmation in accordance with this Constitution,
the Control Yuan shall do so by a majority vote of the Members present at
the meeting.

Article 95
In exercising its power of control, the Control Yuan may request the
Executive Yuan and its Ministries and Commissions to make available to it
any orders they have issued and all other relevant documents.

Article 96
The Control Yuan may, according to the work of the Executive Yuan and its
Ministries and Commissions, set up a number of committees to look into all
aspects of their activities to see whether there is any violation of law or
dereliction of duty.

Article 97
(1) The Control Yuan may, on the basis of the findings and resolutions of its
committees, propose corrective measures and transmit them to the Executive
Yuan and its Ministries and Commissions concerned with the request that
corrective action be taken.
(2) In case the Control Yuan deems a public employee in the Central
Government or in a local government guilty of dereliction of duty or
violation of law, it may propose corrective measures or institute an
impeachment. If it involves a criminal offense, the case shall be turned over
to a law court.

Article 98
Impeachment by the Control Yuan of a public employee in the Central
Government or in a local government shall be instituted upon the proposal of
one or more than one Member of the Control Yuan and the decision, after
careful consideration, by a committee composed of nine or more than nine
Members.

Article 99
In case of impeachment of the personnel of the Judicial Yuan or of the
Examination Yuan for dereliction of duty or violation of law, the provisions
of Articles 95, 97, and 98 shall apply.

Article 100
Impeachment proceedings initiated by the Control Yuan against the President
or the Vice President shall be instituted upon the proposal of one fourth or
more than one fourth of all Members of the Control Yuan and the resolution,
after careful consideration, by a majority of all Members of the Control
Yuan. The impeachment proceedings thus instituted shall be transmitted to
the National Assembly for action.

Article 101
No Member of the Control Yuan shall be held responsible outside the Yuan
for opinions expressed or votes cast in the Yuan.

Article 102
No Member of the Control Yuan shall, except in case of flagrante delicto, be
arrested or detained without the permission of the Control Yuan.

Article 103
No member of the Control Yuan shall concurrently hold any other public
office or engage in any profession.

Article 104
The Control Yuan shall have an Auditor General who shall be nominated
and, upon confirmation by the Legislative Yuan, appointed by the President
of the Republic.

Article 105
The Auditor General shall, within three months after submission by the
Executive Yuan of the final financial statement, complete the auditing thereof
in accordance with law and submit an audit to the Legislative Yuan,

Article 106
The organization of the Control Yuan shall be prescribed by law.

Chapter X Powers of the Central and Local Governments

Article 107
The Central Government shall be competent to legislate and execute the
following matters:
1. Foreign affairs.
2. National defense and military affairs bearing on national defense.
3. Nationality law and criminal, civil, and commercial laws.
4. The judiciary.
5. Aviation, national highways, State-owned railways, navigation, and postal
and telecommunication services.
6. Central Government finance and national taxes.
7. Demarcation of national, provincial, and county taxes.
8. State-operated economic enterprises.
9. The currency system and State banks.
10. Weights and measures.
11. Foreign trade policy.
12. Financial and economic matters affecting aliens or foreign countries.
13. Other matters of the Central Government as provided by this
Constitution.

Article 108
(1) The Central Government shall be competent to legislate and execute the
following matters, which, however, may also be delegated to the provincial
or county government to execute:
1. General principles of provincial and county self-government.
2. Demarcation of administrative areas.
3. Forestry, industry, mining, and commerce.
4. The educational system.
5. Banking and stock exchange.
6. Shipping and deep-sea fishery.
7. Public utilities.
8. Cooperative enterprises.
9. Interprovincial water and land communication and transportation.
10. Interprovincial water conservancy, waterways, agriculture, and animal
husbandry.
11. Official grading, employment, surveillance, and security of tenure of
officials in the Central and local governments.
12. Land legislation.
13. Labor legislation and other social legislation.
14. Right of eminent domain.
15. Census-taking and compilation of population statistics for the whole
country.
16. Population migration and land reclamation.
17. The police system.
18. Public health.
19. Disaster relief, pension for the deceased's family, and unemployment
relief.
20. Preservation of ancient books, ancient relics, and ancient monuments of
cultural value.
(2) With respect to the various items referred to in the preceding paragraph,
the Provinces may enact separate rules and regulations provided they do not
contravene national laws.

Article 109
(1) The Provincial Government shall be competent to legislate and execute
the following matters, which, however, may also be delegated to the county
governments to execute:
1. Provincial education, public health, industry, and communications.
2. Management and disposal of provincial property.
3. Administration of cities under provincial jurisdiction.
4. Provincial public enterprises.
5. Provincial cooperative enterprises.
6. Provincial agriculture, forestry, water conservancy, fishery, animal
husbandry, and public works.
7. Provincial finance and provincial taxes.
8. Provincial debts.
9. Provincial banks.
10. Provincial police administration.
11. Provincial philanthropic and public welfare work.
12. Other matters delegated to the Provinces in accordance with national
laws.
(2) Unless otherwise provided by law, any of the matters referred to in the
various items of the preceding paragraph, if it involves two or more
Provinces, may be jointly undertaken bv the Provinces concerned.
(3) In case any of the Provinces lacks sufficient funds to undertake any of the
matters referred to in the various items of the preceding paragraph, subsidies
may be granted from the National Treasury by a resolution of the Legislative
Yuan.

Article 110
(1) The county government shall be competent to legislate and execute the
following matters:
1. County education, public health, industry, and communications.
2. Management and disposal of county property.
3. County public enterprises.
4. County cooperative enterprises.
5. County agriculture, forestry, water conservancy, fishery, animal
husbandry, and public works.
6. County finance and taxes.
7. County debts.
8. County banks.
9. County police administration.
10. County philanthropic and public welfare work.
11. Other matters delegated to the County in accordance with national laws
and Provincial Self-Government Regulations.
(2) Unless otherwise provided by law, any of the matters referred to in the
various items of the preceding paragraph, if it involves two or more
Counties, may be jointly undertaken by the Counties concerned.

Article 111
Any matter not specifically mentioned in Articles 107, 108, 109, and 110
shall fall within the jurisdiction of the Central Government if it is national in
nature, within that of the Province if it is provincial in nature, and within that
of the County if it is county in nature. In case of dispute, the matter shall be
settled by the legislative Yuan.

Chapter XI System of Local Government

Section 1 The Province

Article 112
(1) A Province may convoke a Provincial People's Representatives
Conference to draw up, in accordance with the General Principles of
Provincial and County Self-Government, a set of Provincial Self-
Government Regulations which, however, shall not contravene the
Constitution.
(2) The organization of the Provincial People's Representatives Conference
and the election of the Representatives shall be prescribed by law.

Article 113
(1) The Provincial Self-Government Regulations shall include the following
provisions:
1. There shall be a Provincial Assembly; Members of the Provincial
Assembly shall be elected by the people of the Province.
2. There shall be a Provincial Government and a Provincial Governor; the
Provincial Governor shall be elected by the people of the Province.
3. Relationship between the Province and the Counties.
(2) The legislative powers of the Province shall be exercised by the
Provincial Assembly.

Article 114
The Provincial Self-Government Regulations, after being enacted, shall be
submitted to the Judicial Yuan. If the Judicial Yuan deems any part of the
Regulations unconstitutional, it shall declare the relevant provisions null and
void.

Article 115
If, in the course of implementing the Provincial Self-Government
Regulations, there should arise any serious obstacle in the application of any
of the articles contained therein, the Judicial Yuan shall first summon the
various parties concerned to present their views. Then, the Presidents of the
Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination
Yuan, and the Control Yuan shall form themselves into a committee under
the Chairmanship of the President of the Judicial Yuan to propose a formula
for solution.

Article 116
Provincial rules and regulations that contravene national laws shall be null
and void.

Article 117
In case of doubt as to whether any provincial rule or regulation contravenes
national laws, the matter shall be settled by interpretation by the Judicial
Yuan.

Article 118
The self-government of Municipalities under the direct jurisdiction of the
Executive Yuan shall be prescribed by law.

Article 119
The local self-government system of the Mongolian Leagues and Banners
shall be prescribed by law.

Article 120
The system of self-government in Tibet shall be safeguarded.

Section 2 The County

Article 121
The County shall practise county self-government.

Article 122
A County may convoke a County People's Representatives Conference to
draw up, in accordance with the General Principles of Provincial and County
Self-Government, a set of County Self-Government Regulations which,
however, shall not contravene the Constitution and the Provincial Self-
Government Regulations.

Article 123
The people of the County shall, in accordance with law, exercise the rights of
initiative and referendum in matters relating to county self-government and
shall, in accordance with law, exercise the rights of election and recall of the
Magistrate and other county self-government officials.

Article 124
(1) There shall be a County Council. Members of the County Council shall
be elected by the people of the County.
(2) The legislative power of the County shall be exercised by the County
Council.

Article 125
County rules and regulations that contravene national laws or provincial
rules and regulations shall be null and void.

Article 126
There shall be a County Government and a Magistrate; the Magistrate shall
be elected by the people of the County.

Article 127
The Magistrate shall have charge of all matters relating to county self-
government and shall administer such matters as are delegated to the County
by the Central and Provincial Governments.

Article 128
The provisions governing the County shall apply mutatis mutandis to the
Municipality.

Chapter XII Election, Recall, Initiative, and Referendum

Article 129
The various kinds of election provided in this Constitution, unless otherwise
stipulated in this Constitution, shall be by universal, equal, and direct
suffrage and by secret ballot.

Article 130
Any citizen of the Republic of China who has attained the age of twenty
shall have the right of election in accordance with law. Unless otherwise
provided by this Constitution or by law, any citizen who has attained the age
of twenty-three shall have the right of being elected in accordance with law.

Article 131
All candidates in the various kinds of election prescribed in this Constitution
shall openly conduct their electoral campaigns.

Article 132
Intimidation or offer of pecuniary inducements shall be strictly forbidden in
elections. Electoral litigations shall be settled by law courts.

Article 133
A person duly elected may be recalled by his constituency in accordance
with law.

Article 134
In the various kinds of election, quotas of successful candidates shall be
assigned to women; methods of implementation shall be prescribed by law.

Article 135
The number of Delegates to the National Assembly to be elected by people
in interior areas with special ways of living and habits and the methods of
their election shall be prescribed by law.

Article 136
The exercise of the rights of initiative and referendum shall be prescribed by
law.

Chapter XIII Fundamental National Politics

Section 1 National Defense

Article 137
(1) It shall be the objective of the national defense of the Republic of China
to safeguard national security and preserve world peace.
(2) The organization of national defense shall be prescribed by law.

Article 138
The Army, Navy, and Air Force of the nation shall rise above personal,
regional, and party affiliations and shall be loyal to the State and love and
protect the people.

Article 139
No political party and no individual shall make use of armed forces as an
instrument in the struggle for political power.

Article 140
No person in active military service shall concurrently hold a civil office.

Section 2 Foreign Policy

Article 141
The foreign policy of the Republic of China shall be conceived in a spirit of
independence and self-reliance and based on the principles of equality and
reciprocity to promote friendly relations with other nations and abide by
treaties and the Charter of the United Nations so as to protect the rights and
interests of Chinese citizens residing abroad, foster international cooperation,
advance international justice, and insure world peace.

Section 3 The National Economy

Article 142
The national economy shall be based on the Principle of People's Livelihood
and shall seek to effect the equalization of land rights and regulation of
private capital in order to assure an equitable distribution of national wealth
and sufficiency for the people's livelihood.

Article 143
(1) All land within the territorial limits of the Republic of China shall belong
to the entire body of citizens. Private ownership of land, acquired by the
people in accordance with law, shall be protected and restricted by law.
Privately owned land shall pay taxes according to its value and may be
purchased by the Government according to its value.
(2) Mineral ores embedded in the land and natural forces which can be
economically utilized for public benefit shall belong to the State, even if
ownership of the land may have been acquired by private individuals.
(3) The State shall levy a land value increment tax on any land whose value
has increased not through the application of labor or capital, and the
proceeds therefrom shall be used for the people at large.
(4) In the distribution and readjustment of land, the State shall, in principle,
assist owner-farmers and owner-users of land and shall also regulate their
appropriate areas of operation.

Article 144
Public utilities and other enterprises of a monopolistic nature, in principle,
shall be under public operation. In cases permitted by law, they may be
operated by private citizens.

Article 145
(1) With respect to private wealth and privately operated enterprises, the
State shall restrict them by law if they are deemed detrimental to the
balanced development of national wealth and people's livelihood.
(2) Cooperative enterprises shall receive encouragement and assistance from
the State.
(3) Private citizens' productive enterprises and foreign trade shall receive
encouragement, guidance, and protection by the State.

Article 146
The State shall, by the use of scientific techniques, develop water
conservancy, increase the productivity of land, improve agricultural
conditions, develop agricultural resources, and foster the industrialization of
agriculture.

Article 147
(1) The Central Government, in order to achieve a balanced development of
the economy of the various Provinces, shall extend appropriate financial
assistance to the poorer and less productive Provinces.
(2) The Provincial Government, in order to achieve a balanced development
of the economy of the various Counties, shall extend appropriate financial
assistance to the poorer and less productive Counties.

Article 148
Within the territory of the Republic of China, all commodities shall be
permitted to move freely from place to place.

Article 149
Financial institutions shall, in accordance with law, be subject to State
control.

Article 150
The State shall widely establish financial institutions for the common people
so as to relieve unemployment.

Article 151
With respect to Chinese citizens residing abroad, the State shall foster and
protect the development of their economic enterprises.

Section 4 Social Security

Article 152
The State shall provide suitable opportunities for work to those persons who
have the ability to work.

Article 153
(1) The State shall enact laws and carry out policies for the protection of
laborers and farmers so as to better their livelihood and improve their
productive skills.
(2) Special protection shall be provided for women and children doing
manual labor, according to their age and physical conditions.

Article 154
Management and labor shall act in accordance with the principles of
harmony and cooperation for the development of productive enterprises.
Conciliation and arbitration of disputes between capital and labor shall be
prescribed by law.

Article 155
The State shall establish a system of social insurance to promote social
welfare. To the aged and the physically disabled who are unable to make a
living, and to victims of extraordinary calamities, the State shall provide
appropriate assistance and relief.

Article 156
The State, in order to consolidate the foundation of national existence and
development, shall protect motherhood and carry out a policy for the
promotion of the welfare of women and children.

Article 157
The State, in order to improve national health, shall establish extensive
services for sanitation and health protection and a system of public medical
care.

Section 5 Education and Culture

Article 158
Education and culture shall aim at the development, among the citizens, of
the national spirit, the spirit of self-government, national morality, a healthy
physique, scientific knowledge, and the ability to earn a living.

Article 159
All citizens shall have an equal opportunity to receive education.

Article 160
(1) All children of school age from six to twelve years shall receive free
elementary education. Those from poor families shall be supplied with books
by the Government.
(2) All citizens above school age who have not received elementary
education shall receive supplementary education free of charge and shall also
be supplied with books by the Government.

Article 161
The various levels of government shall provide a large number of
scholarships to assist students of good scholastic standing and exemplary
conduct who lack the means to continue their school education.

Article 162
All public and private educational and cultural institutions in the country
shall, in accordance with law, be subject to State supervision.

Article 163
The State shall pay due attention to the balanced development of education
in different regions and shall promote social education to elevate the cultural
standards of the citizens in general. Grants from the National Treasury shall
be made to frontier regions and economically poor areas to help them meet
their educational and cultural expenses. The Central Government may either
itself undertake the more important educational and cultural enterprises in
such regions and areas or render them financial assistance.

Article 164
Funds earmarked for education, science, and culture shall be, in respect of
the Central Government, not less than fifteen percent of the total national
budget; in respect of the Provincial Government, not less than twenty-five
percent of the total Provincial budget; and in respect of the Municipal or
County Government, not less than thirty-five percent of the total Municipal
or County budget. Educational and cultural foundations established in
accordance with law, and their property, shall be protected.

Article 165
The State shall safeguard the livelihood of educational, scientific, and artistic
workers and shall, as the national economy develops, increase their
remuneration from time to time.

Article 166
The State shall encourage scientific discoveries and inventions and shall
protect ancient monuments and ancient relics of historical, cultural, or artistic
value.

Article 167
The State shall encourage or subsidize the following enterprises or
individuals:
1. Private educational enterprises with outstanding records.
2. Overseas Chinese educational enterprises with outstanding records.
3. Individuals who have made scholarly or technical inventions.
4. Educational workers who have rendered long and meritorious services.

Section 6 The Frontier Regions

Article 168
The State shall accord to the various ethnic groups in the frontier regions
legal protection of their status and shall give special assistance to their work
in local self-government.

Article 169
The State shall actively undertake and foster the development of education,
culture, communications, water conservancy, public health, and other
economic and social enterprises among the various ethnic groups in the
frontier regions. With respect to land utilization, the State shall, in the light
of climatic conditions, nature of the soil, and the life and habits of the
people, adopt measures for its protection and assist in its development.

Chapter XIV Enforcement and Amendment of the Constitution

Article 170
The term "law" referred to in this Constitution shall mean any legislative bill
duly passed by the Legislative Yuan and promulgated by the President of the
Republic.
Article 171
(1) Laws that contravene the Constitution shall be null and void.
(2) In case of doubt as to whether a given law contravenes the Constitution,
the matter shall be settled by interpretation by the Judicial Yuan.

Article 172
Any ordinance that contravenes the Constitution or laws shall be null and
void.

Article 173
The Constitution shall be interpreted by the Judicial Yuan.

Article 174
The Constitution shall be amended in accordance with either one of the
following procedures:
1. The Constitution may be amended upon the proposal of one fifth of the
total number of Delegates to the National Assembly and by a resolution of
three fourths of the Delegates present at a meeting with a quorum of two
thirds of all Delegates to the National Assembly.
2. An amendment to the Constitution may be drawn up by the Legislative
Yuan and submitted by it to the National Assembly for concurrence through
referendum upon the proposal of one fourth of the Members of the
Legislative Yuan and by a resolution of three fourths of the Members present
at a meeting with a quorum of three fourths of all Members of the Yuan.
Such a proposed amendment to the Constitution shall be publicly announced
half a year before the National Assembly meets.

Article 175
(1) Whenever necessary, enforcement procedures in regard to any matter
referred to in this Constitution shall be separately prescribed by law.
(2) The preparatory procedures for the enforcement of this Constitution shall
be adopted by a resolution of the National Constituent Assembly which has
drawn up this Constitution.

Source: Government Information Office, Republic of China