By Hungdah Chiu. The electronic text was acquired from the The Wiretap Electronic Text Archive and was marked up for Web display by Steve Mount.If you are aware of any changes to the Constitution that are not reflected on this page, please let us know. 18-26 (English version); (3) Hu Sheng, " On the Revision of the Constitution," Beijing Review 25:18 (3 May 1982) The 1982 Chinese Constitution appears on the surface to be enforceable in the courts. The President, as nominal head of state, would be a symbolic role with little substantive power. The 1954 Constitution was intended to be a transitional constitution, to be revised after China developed into a socialist economy.[1]. 1983, 1988, 1999, and 2004 amendments are at the end of the text. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. On 20 September 1954, exactly five years after the passage of the Common Program, the first meeting of the first National People's Congress unanimously approved the new Constitution. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. The 1982 Chinese Constitution and the Rule of Law . General Principles Article 1. Finally, a hierarchy of courts headed by the Supreme People's Court and the Supreme People's Procuratorate (which would investigate crimes by the government) formed the judicial system.[1]. Constitution of the People's Republic of China: Publisher: National Legislative Bodies / National Authorities: Publication Date: 4 December 1982: Country In 1949, the Chinese Civil War was turning decisively in favour of the Communist Party of China. 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 Constitutional history of the People's Republic of China describes the evolution of its Constitutional system. Chapter Three, Fundamental Rights and Duties of Citizens, guaranteed a relatively comprehensive set of human rights, but also imposed the duty to pay taxes, undertake national service, and to obey the law. Specifically, article 46 of the Chinese Constitution states as follows: The 1982 Constitution of the People’s Republic of China is a new Constitution adopted by the fifth National People’s Congress (December 4, 1982). CHAPTER I: GENERAL PRINCIPLES . The Constitution reiterates its faith in Marxism-Leninism and Maoism but … In many ways, the 1978 Constitution was a compromise between the interim leadership's desire to consolidate power using Mao's moral authority, while responding to the popular desire to reverse the Leftists extremes of the previous period. It vests all national legislative power in the hands of the National People’s Congress and its Standing Committee. The Constitution was shorted to 30 articles, and the Fundamental Rights and Duties of Citizens was greatly shortened. Like the subsequent versions of the Constitution, the 1954 Constitution was not entrenched. The People's Republic of China functioned for the next five years under the Common Program, with a degree of democracy and inclusion that was not seen again in Chinese government to the present day. The people of all nationalities in China have ⋆ The Constitution • Constitution.com Constitution of the People’s Republic of China Adopted on December 4, 1982 The state upholds the uniformity and dignity of the socialist legal system. Chapter Two of the 1954 Constitution set up a system of government composed of six structural parts. The 1982 Constitution was subsequently amended in 1988, 1993, 1999, 2004 and 2018, generally modifying the Constitution in accordance with economic and political reforms over that period. The drafting process was dominated by the Communist Party, and was almost exclusively restricted to the Politburo. Subscribe to HRIC Updates and HRIC Daily Brief; Visit Our YouTube Channel; ... Human Rights in China. The meeting approved the Common Program, which was effectively an interim Constitution, specifying the structure of the new government, and determining the name and symbols of the new state. 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. It could be amended by the National People's Congress (Article 27(1)) by a special two-thirds majority (Article 29) without recourse to a referendum or other such mechanism. China (People’s Republic of) 1982 (rev. The same faction, however, eventually adopted a policy of transitioning towards constitutionalism. Formal duties of the President as Head of State were to be performed by the Chairman of the National People's Congress (who was, at the time, Zhu De). There had been five major revisions by the National People's Congress (NPC) to the 1982 Constitution. An essay or paper on The 1982 Chinese Constitution. In theory, it requires the Chinese Communist Party to abide by the Constitution and the law (Gittings and Whitfort 11). The 1982 State Constitution provided a legal basis for the broad changes in China's social and economic institutions and significantly revised government structure. The 1978 Constitution was promulgated in March 1978 under the chairmanship of Hua Guofeng. 2 The 1982 Constitution is essentially a Dengist constitution, reflecting Deng Xiaoping’s ideas for modernising China, i.e., social stability, economic development and opening to the outside. The fourth constitution of the People’s Republic of China was adopted in 1982. In 1966, President Liu Shaoqi was political denounced, and from 1967 was placed under house arrest. Article 1The 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. Autonomous ethnic areas would decide on their forms of government according to the wishes of the "majority of the people" in these areas. This convention has continued to this day. It specified a government structure remarkably similar to the current system. All nationalities in the People's Republic of China are equal. The highest organ of government was the legislature, the National People's Congress. After the end of the conference, the People's Republic of China was proclaimed on 1 October 1949. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. The following is the complete text of the Constitution of the People's Republic of China, as adopted on December 4, 1982. The first attempt towards constitutionalism was during the Hundred Days' Reform (1898), but a coup by conservative monarchists loyal to Empress Dowager Cixi ended this effort. The 1982 Constitution was born in a political environment where the past, including Mao's "errors" and almost all of the Communist Party's policies from 1949, were relatively objectively re-examined, and the country's future, including the pursuit of market economic reforms, was being openly debated. In June, the Communist Party organised a "Chinese People's Political Consultative Conference" (CPPCC) to prepare for the establishment of a "New Democracy" regime to replace the Kuomintang-dominated Republic of China government. The National People's Congress and the local people's congresses at various levels are the organs through … The State protects the lawful rights … The following translation was retrieved from the China.org.cn Web site on May 31, 2013. Under the 1975 Constitution, the office of the President (officially translated as "Chairman" during this period) was abolished, leaving Mao, as the Chairman of the Communist Party, as the sole power centre. CONSTITUTION OF THE PEOPLE S REPUBLIC OF CHINA (Adopted at the Fifth Session of the Fifth National People s Congress and promulgated for implementation by the Proclamation of the National People s Congress on December 4, 1982) Editorial Notes: 1. It defines ownership of land in China The 1982 Constitution reflects Deng Xiaoping's determination to lay a lasting institutional foundation for domestic stability and modernization. The idea of a constitutional monarchy, and a written constitution, became influential towards the end of the 19th century, inspired immediately in large parts by the precedent of the Meiji Constitution in Japan. It was officially recognized by the National People Congress (NPC), which met in December 1982. On the one hand, the new Constitution in many places maintained the ideological tone of the 1975 Constitution, such as in Article 16 ("State officials must diligently study Marxism, Leninism, and Mao Zedong Thought, serve the people whole-heartedly ...") and Article 19 ("The fundamental role of the Armed Forces is: [...] defending against destabilisation and invasion from Socio-Imperialism, Imperialism, and their running dogs"). [1], Mao died in 1976, and the Gang of Four who had dominated Chinese politics were driven out of power by October 1976. Such was the arrangement until 1989. The 1978 Constitution was again short-lived. However, the Chinese government functioned more or less as envisaged for only a short time. Among the provisions of the Common Program were those guaranteeing protection of private property (Article 3), "uniting" the bourgeoisie (Article 13), and assisting private enterprise (Article 30). CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA (Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated for implementation by the Announcement of the National People’s Congress on December 4, 1982 Amended in accordance with the Amendments to the Constitution of the People’s Republic of China The State Council and its Standing Committee, by contrast, are made responsible for … The replacement of local government by Revolutionary Committees was also formalised. During this period, most government bodies around the country ceased operation; various levels of people's governments were replaced by Revolutionary Committees. The 1954 Constitution included a preamble and 108 articles organised into four chapters. Sub-national government was to be composed of people's congresses and people's committees of various levels. The first People's Government, elected in 1949, included a significant number of representatives from parties other than the Communist Party. The first meeting of the CPPCC opened on 21 September 1949, and was attended by the Communist Party along with eight aligned parties. … This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. In March 1954, the draft Constitution was passed to the CPPCC and discussed in a national education campaign in the spring and summer of 1954. It was amended on Apr 12, 1988 and in 1993. The first Constitution of the People's Republic of China was promulgated in 1954. Concurrently, the duty to pay taxes was also removed. Historically, the 1982 Constitution needs to be placed in the context of the history of Chinese constitutionalism that begins with the Common Program and dealt with accordingly. 2004) Page 6 • Duty to obey the constitution Article 5 The People's Republic of China exercises power in accordance with the law and establishes a socialist country under the rule of law. The current version, adopted on December 4, 1982 by the Fifth National People’s Congress of the PRC, has since been amended four times, in 1988, 1993, 1999, and 2004. The first Constitution of the People's Republic of China was promulgated in 1954. In 1975, Mao Zedong and his supporters sought to formalise their power through the promulgation of a new Constitution. [1] The first formal Constitution was enacted in 1946, when the Kuomintang-controlled government hastily declared an end to the "political tutelage" stage of Sun Yat-sen's three-stage theory of constitutional government amidst internal and external pressures. Disruption of the socialist system by any organization or individual is prohibited. Constitution Of The People's Republic Of China Originally adopted December 4, 1982. (Full text after amendment on March 14, 2004), (Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Announcement of the National People's Congress on December 4, 1982, Amended in accordance with the Amendments to the Constitution of the People's Republic of China adopted respectively at the First Session of the Seventh National People's Congress on April 12, 1988, the First Session of the Eighth National People's Congress on March 29, 1993, the Second Session of the Ninth National People's Congress on March 15, 1999 and the Second Session of the Tenth National People's Congress on March 14, 2004), Constitution of the People's Republic of China, Chapter II The Fundamental Rights and Duties of Citizens, Section 2 The President of the People's Republic of China, Section 4 The Central Military Commission, Section 5 The Local People's Congresses and Local People's Governments at Various Levels, Section 6 The Organs of Self-Government of National Autonomous Areas, Section 7 The People's Courts and the People's Procuratorates, Chapter IV The National Flag, the National Anthem, the National Emblem and the Capital. The 1975 Constitution also saw a significant shift in tone compared to the 1954 Constitution, and saw the insertion of a significant number of ideological sloganeering provisions, including the claim that the nation was guided by "Marxism-Leninism-Mao Zedong Thought". The Constitution of the People's Republic of China CHAPTER I. China's Constitution was adopted by the Fifth Session of the Fifth National People's Congress on Dec 4, 1982. Constitution of the People's Republic of China," 21 April 1982, Ta Kung Pao, 28 April People's Congress Standing Committee on 22 April 1982," Ta Kung Pao 29 April 1982, p. 3 (Chinese version), and Beijing Review 25:19 (10 May 1982), pp. The existing Constitution was adopted for implementation by the 5th Session of the 5th National People’s Congress on December 4, 1982. Header and Footer Blocks. Guarantees removed included the rights to property and privacy, freedom from political discrimination, freedom of movement, speech, and artistic freedom, among other human rights. In this way, the centres of power were unified. The 1982 Chinese Constitution appears on the surface to be enforceable in the courts. (Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated by the Announcement of the National People’s Congress on December 4, 1982; amended in accordance with the Amendment to the Constitution of the People’s Republic of China adopted at the First Session of the Seventh National People’s Congress on April 12, 1988, the Amendment to the Constitution of the … Dynastic China adopted a constitutional system oscillating between a feudal distribution of power and a centralistic autocracy. The first CPPCC served in effect as a Constitutional Convention. It contained 60 sections organised into four Chapters. The Constitution is the fundamental law of the state. In theory, it requires the Chinese Communist Party to abide by the Constitution and the law (Gittings and Whitfort 11). This version has subsequently been called the "1954 Constitution". As drafted, the 1982 Constitution contemplated that the power of the state would be distributed amongst the General Secretary of the Communist Party of China, the Premier of the State Council, and the Chairman of the Central Military Commission. Article 2All power in the People's Republic of China belongs to the people. The Republic of China government progressively lost control of mainland China in the late 1940s to early 1950s, but the Constitution of the Republic of China, with amendments, is still the organic law of the government in Taiwan. Thus, the decisions are definitely first made at the party level and then got support from the government which again is under the thumb of the party. The Republic of China established in 1912 was governed by a series of constitutional documents. Constitution of the People's Republic of China (Full text after amendment on March 14, 2004) (Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Announcement of the National People's Congress on December 4, 1982 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 draft of 1982 Constitution of China was prepared by the Central Committee of the Communist Party of China after prolonged nationwide discussions spread over a span of 2 years. A Socialist Constitution: The 1982 Constitution continues to be a constitution of the socialist state. 1982 Constitution of the People's Republic of China (Current Full Text) Simplified Chinese (407.31 KB) Traditional Chinese (616.77 KB) Get Involved. In December 1978, the third plenary meeting of the 11th Communist Party Central Committee began a series of reviews and reforms that confirmed Deng Xiaoping as the new paramount leader of China, with reform-minded leaders supported by Deng filling the top echelon of government. The socialist system is the basic system of the People's Republic of China. The most significant of these occurred in 1989–1993. Instead of (formally) by election, power passed via public denunciations and, in many cases, violent clashes. [1] These culminated in the Cultural Revolution (1966-1976), a period in which the normal operation of government virtually ceased. Socialist state 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. However, Chinese constitution has undergone four re-enactments, and there were numerous contradictions and breaks among different constitutions. "Constitutional history of the People's Republic of China", Learn how and when to remove this template message, Constitution of the People's Republic of China, Chinese People's Political Consultative Conference, People's Republic of China was proclaimed, 1954 Constitution of the People's Republic of China, 1975 Constitution of the People's Republic of China, 1978 Constitution of the People's Republic of China, General Secretary of the Communist Party of China, Chairman of the Central Military Commission, History of the People's Republic of China, http://e-chaupak.net/database/chicon/1949/1949e.pdf, https://en.wikipedia.org/w/index.php?title=Constitutional_history_of_the_People%27s_Republic_of_China&oldid=954220249, Creative Commons Attribution-ShareAlike License, This page was last edited on 1 May 2020, at 08:15. THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA . On 24 December 1952, a resolution was moved by Premier Zhou Enlai on behalf of the Communist Party of China at the 43rd meeting of the first CPPCC Standing Committee to draft the new, permanent, Constitution. The current compilation dates from 11 March 2018. It defines ownership of land in China [2] It also elected leaders of the new central government, including Mao Zedong as Chairman of the Central People's Government. The posts of President and Vice President(which were abolished in the 1975 and 1978 constitutions) are re-e… In addition, changing Constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution. In a reaction against the conflict between the independent power centres, at the expiration of Deng's term, the new General Secretary, Jiang Zemin, also became Chairman of the Central Military Commission, and later took on the position of the President as well. Despite the separation made between the party and the government by the 1982 constitution, the Communist Party of China (CPC) constitutes full involvement in the working of the government. CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA (1982) Introduction The People’s Republic of China (PRC) has had four constitutions, promulgated in 1954, 1975, 1978, and 1982. Special features of the Constitution of China Essay Sample. The Fundamental Rights and Duties of Citizens were greatly expanded, and elevated to Chapter Two, ahead of the provisions for the structure of the government. However, the first constitutional document was only published in 1908, and the first constitutional document with legal force (the "Nineteen Covenants") was not implemented until 1911, after the eruption of the Xinhai Revolution, which led to the demise of the Qing empire the next year. In 1957, the Anti-Rightist Movement marked the beginning of a series of political movements and purges during which the Constitution's protections against Party interference in the judiciary largely failed to be respected. As a result, the 1982 Constitution returned the government structure to broadly that set up in 1954, with the Presidency restored. The resolution was passed, and on 13 January 1953, the Central People's Government appointed a thirty-person drafting committee led by Mao Zedong. At the same time, the need for "Socialist democracy" was emphasised (Article 3), and the 1954 system of government was largely restored, including its significant checks on executive power.[1]. It is the current Constitution of the People’s Republic of China. The Chinese text was retrieved from the China.com.cn Web site on May 31, 2013. Most of these, especially those authored by the Kuomintang, purported to reflect Sun Yat-sen's Three Principles of the People and Western norms. As part of the Deng faction's political reform agenda, a fourth Constitution was promulgated on 4 December 1982. The people of all nationalities, all state … The Constitution of the People's Republic of China is nominally the supreme law within the People's Republic of China. The 1982 Constitution of the People’s Republic of China (PRC or China) declares that a citizen has not only the right, but also the obligation to receive an education. [1] The executive was composed of the President and the State Council. After suffering two years of persecution, Liu died, unreported, in 1969, and the position of President was left unfilled. Donate Now! In accordance with the Common Program, preparations soon began for convening the first National People's Congress and the drafting of the first permanent Constitution of the People's Republic of China. This instrument was not given a chapter number under the Legislation There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. During the 1989 Tiananmen Square Protests, the President, Yang Shangkun, also the Vice chairman of Central Military Commission, used his formal powers under the Constitution to deploy troops to Beijing in support of the state of emergency declared by the Premier Li Peng, and colluded in the subsequent violent crackdown in Beijing,[3] against the wishes of Zhao Ziyang, the General Secretary of the Party. The system of government set up under the 1982 Constitution has undergone some changes, largely due to the evolution of Constitutional conventions rather than textual amendments. An essay or paper on The 1982 Chinese Constitution. Was retrieved from the China.org.cn Web site on May 31, 2013 the China.com.cn Web site May... 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