[4], 1954 Constitution of the People's Republic of China, Last edited on 8 September 2022, at 16:41, Learn how and when to remove these template messages, Learn how and when to remove this template message, Common Program of the Chinese People's Political Consultative Conference, Central People's Government of the People's Republic of China, 1975 Constitution of the People's Republic of China, President of the People's Republic of China, "Constitution of the People's Republic of China", "The Political Stalinization of China: The Establishment of One-Party Constitutionalism, 1948-1954", The Constitution of the People's Republic of China (1954), The Constitution of the People's Republic of China (1954) from the Peking University Center for Legal Information, https://en.wikipedia.org/w/index.php?title=1954_Constitution_of_the_People%27s_Republic_of_China&oldid=1109216643, This page was last edited on 8 September 2022, at 16:41. The second chapter consists of 64 articles; this part stipulated the relationship between the national peoples congress (NPC), Chairman of China, State Council, and the local peoples congress, the local peoples councils with the Organs of self-government of National Autonomous Areas, the peoples courts and the peoples Procuratorates. The 1954 Constitution of the People's Republic of Chinawas promulgated by the 1st National People's Congressmeeting in Beijingon September 20, 1954, apparently unanimously in favor. Article 69. ", "Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People's Republic of China", "", "Reformers Aim to Get China to Live Up to Own Constitution", "China's Debate: Must The Party Follow The Constitution? 1954 Constitution of the People's Republic of China This article does not cite any references or sources.Please help improve this article by adding citations to reliable sources.Unsourced material may be challenged and removed. Article 64. The people's courts are to provide interpretation for any party unacquainted with the spoken or written language commonly used in the locality. [27][28], 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. "[11], The Constitution was amended on 11 March 2018, with 2,958 votes in favour, two against, and three abstentions. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped. The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. The National People's Congress meets once a year, convened by its Standing Committee. Amendments to the Constitution require a two-third majority of all the deputies to the National People's Congress. Article 21. The state encourages and assists creative work in science, education, literature, art and other cultural pursuits. Article 98. The electoral units and electorates which elect the deputies to the local people's congresses have power at any time to recall their duties according to procedure prescribed by law. The National People's Congress is elected for a term of four years. Its 1,000 members met to session held to the same time as the National People's Congress, and concentrated to a Standing Committee of 300 members. The organs of self-government of all autonomous regions, autonomous chou and autonomous counties are formed in accordance with the basic principles governing the organization of local organs of state as specified in Section IV of Chapter Two of the Constitution. 1. Article 89. June Fourth. These councils were presided over by chairmen (shengzhang , shizhang , xianzhang , quzhang , xiangzhang , zhenzhang ) and consisted of 25-55 members for the provinces, 9-31 for the counties, and 3-13 for the villages/townships. [1], The last chapter, which is the fourth chapter, stipulates the national flag, the national emblem and the capital of PRC. 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. The system of people's assessors applies, in accordance with law, to judicial proceeding in the people's courts. Article 2 The Supreme People's Court (Zhonghua renmin gonghehuo zuogai renmin fayuan ) and local people's courts (renmin fayuan ) at various levels and special people's courts exercised judicial authority. This problem has largely been addressed with various and ongoing reforms of Hukou in 2007. Article 79. In the constitution of 1954, it includes the Preamble, four chapters, 106 articles, and it defines "the national flag of People's Republic of China is a red flag with 5 stars" (Art 104); "the national emblem of the People's Republic of China is: in the centre . The National People's Congress has power to recall members of its Standing Committee. Article 104. [3]. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended five times. The National People's Congress is the only legislative authority in the country. The form of each organ of self-government may be determined in accordance with the wished of the majority of the people of the nationality or nationalities enjoying regional autonomy in a given area. Article 65. The constitution stipulates that the National People's Congress (NPC) and its Standing Committee have the power to review whether laws or activities violate the constitution. It vests all national legislative power in the hands of the National People's Congress and its Standing Committee. Compared with the Constitution of 1949, the constitution of 1954 narrowed the definition of the regime in China. Article 61. In the constitution of 1954, it includes the Preamble, four chapters, 106 articles, and it defines the national flag of Peoples Republic of China is a red flag with 5 stars (Art 104); the national emblem of the Peoples Republic of China is: in the centre, Tien An Men under the light of five stars, and encircled by ears of grain and a cogwheel. (Art 105); and the capital of Peoples Republic of China is Peking. (Art 106) [2] During the development of socialism, the Constitution of 1954 stipulated the task for the ongoing Chinese Communist state. On 15 June 1953, Mao Zedong preluded to the end of the policy of the 'New Democracy', which is the . [1], The last chapter, which is the fourth chapter, stipulates the national flag, the national emblem and the capital of PRC. Section V The Organs Of Self-Government Of National Autonomous Area. The state guides and helps individual handicraftsmen and other non-agricultural individual working people to improve their enterprise and encourages them to organize producers' and supply and marketing co-operatives voluntarily. "[30], "Constitution of China" redirects here. The co-operative sector of the economy is either socialist, when collectively owned by the working masses, or semi-socialist, when in part collectively owned by the working masses. In all autonomous regions, autonomous chou and autonomous counties where a number of nationalities live together, each nationality is entitled to appropriate representation on the organs of self-government. Section 2 - The President of the People's Republic of China Section 3 - The State Council Section 4 - The Central Military Commission Section 5 - Local People's Congresses at All Levels and Local People's Governments at All Levels Section 6 - Autonomous Organs of Ethnic Autonomous Areas Section 7 - Commissions of Supervision [11], Chinese leader Hu Jintao said that "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. Emphasis is also placed throughout the 1982 State Constitution on socialist law as a regulator of political behaviour. China upheld the type of constitutionalism which prevailed in the (Erstwhile) USSR under the Stalin Constitution. In international affairs our firm and consistence policy is to strive for the noble cause of world peace and the progress of humanity. Local People's Congresses (Difang geji renmin daibiao dahui ) were elected at each of the three regular administative levels, the provinces (sheng, and Autonomous Regions, respectively), counties (xian) and villages/townships (xiang). It was under the control of the Congress and the Party. Program Foci. Article 2. Article 55. This Constitution reduced the total number of articles to just thirty, compared to 106 of articles in the 1954 Constitution of the People's Republic of China. The state guarantees to citizens enjoyment of these freedom by providing necessary material facilities. The principle of Control from the top was kind of extending the supervisory system and enhancing the governments authority and power. The term of office of the Chairman of the People's Republic of China is four years. During the development of socialism, the Constitution of 1954 stipulated the task for the ongoing Chinese Communist state. In fact, this institution was not quite new, but had precursors in the years directly after the Anti-Japanese War, when the Kuomintang and the CPC thought about a common way to create a future constitution for China. Article 46. Ideally this will be a scanned copy of the original that can be uploaded to Wikimedia Commons and proofread. Article 70. Party, government, military, civilian, and academic, north, south, east, west, and center, the Party leads everything. Article 34. 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. The Chairman of the People's Republic of China represents the People's Republic of China in its relations with foreign states, receives foreign diplomatic representatives and, in pursuance of decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives to foreign states and ratifies treaties concluded with foreign states. The Constitution of 1954 was the first constitution of socialism in China. Article 101. [23], Since 2002, a special committee within the NPC called the National People's Congress Constitution and Law Committee has been responsible for constitutional review and enforcement. The Standing Committee is composed of the following members, elected by the National People's Congress: Article 31. Article 52. The Standing Committee of the National People's Congress exercises the following functions and powers: (1) to conduct the election of deputies to the National People's Congress; (2) to convene the National People's Congress; (5) to supervise the work of the State Council, the Supreme People's Court and the Supreme People's Procuratorate; (6) to annul decisions and orders of the State Council which contravene the Constitution, laws or decrees; (7) to revise or annul inappropriate decisions issued by the government authorities of provinces, autonomous regions, and municipalities directly under the central authority; (8) to decide on the appropriate or removal of any Vice-Premier, Minister, Head of Commission or the Secretary-General of the State Council when the National People's Congress in not is session; (9) to appoint or remove the Vice-Presidents, judges, and other members of the Judicial Committee of the Supreme People's Court; (10) to appoint or remove the Deputy Chief Procurators, procurators, and other members of the Procuratorial Committee of the Supreme People's Procuratorate; (11) to decide on the appointment or recall of plenipotentiary representatives to foreign states; (12) to decide on the ratification or abrogation of treaties concluded with foreign states; (13) to institute military, diplomatic and other special titles and ranks; (14) to institute and decide on the award of state orders, medals and titles of honour; (15) to decide on the granting of pardons; (16) to decide, when the National People's Congress is not in session, on the proclamation of a state of war in the event of armed attack on the country or in fulfillment of international treaty obligations concerning common defence against aggression; (17) to decide on general or partial mobilization; (18) to decide on the enforcement of martial law throughout the country or in certain areas; and. There had been five major revisions by the National People's Congress (NPC) to the 1982 Constitution. The State Council exercises the following functions and powers: (1) to formulate administrative measures, issue decisions and orders and verify their execution, in accordance with the Constitution, laws and decrees; (2) to submit bills to the National People's Congress or its Standing Committee; (3) to co-ordinate and lead the work of Ministries and Commissions; (4) to co-ordinate and lead the work of local administrative organs of state throughout the country; (5) to revise or annul inappropriate orders and directives issued by Ministers or by Heads of Commissions; (6) to revise or annul inappropriate decisions and orders issued by local administrative organs of state; (7) to put into effect the national economic plans and provisions of the state budget; (8) to control foreign and domestic trade; (9) to direct cultural, educational and public health works; (10) to administer affairs concerning the nationalities; (11) to administer affairs concerning Chinese resident abroad; (12) to protect the interests of the state, to maintain public order and to safeguard the rights of citizens; (13) to direct the conduct of external affairs; (14) to guide the building up of the defence forces; (15) to ratify the status and boundaries of autonomous chou, autonomous counties and municipalities; (16) to appoint or remove administrative personnel according to provisions of law; and. The State Council is composed of the following members: The organization of the State Council is determined by law. The armed forces of the People's Republic of China belong to the people; their duty is to safeguard the gains of the people's revolution and the achievements of national construction, and to defend the sovereignty, territorial integrity and security of the country. The term of office of the people's congresses of municipalities directly under the central authority, counties, municipalities, municipal districts, hsiang, nationality hsiang, and towns is two years. 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 number of deputies to the National People's Congress, including those representing national minorities, and the manner of their election, are prescribed by electoral law. Article 47. In Article 21 the 1954 Constitution declared, "The National People's Congress of the People's Republic of China is the highest organ of state power." Article 22 stated, "The National . J. Int'l L. & Bus. This Presidential right was never seen again in later promulgations of the Chinese constitution. Everyone aged 18 and older had a vote. Article 35. This unity of China's nationalities will continue to gain in strength, founded as it is on ever-growing friendship and mutual aid among themselves, and on the struggle against imperialism, against public enemies of the people within the nationalities, and against both dominant-nation chauvinism and local nationalism. The posts of President and Vice President (which were abolished in the 1975 and 1978 constitutions) are re-established in the 1982 Constitution. It lasted until the years of the Cultural Revolution, when the administration was replaced by revolutionary committees (geming weiyuanhui ). 2. Article 72. Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside help for the modernization program. Article 76. 1954 Constitution of the People's Republic of China This article does not cite any references or sources.Please help improve this article by adding citations to reliable sources.Unsourced material may be challenged and removed. 104(b)(5). The organs of self-government of all autonomous regions, autonomous chou and autonomous counties may draw up statutes governing the exercise of autonomy or separate regulations suited to the political, economic and cultural characteristic of the nationality or nationalities in a given area, which statutes and regulations are subject to endorsement by the Standing Committee of the National People's Congress. The National People's Congress amended Articles 10 and 11 of the Constitution. Should the office of Chairman of the People's Republic of China fall vacant, the Vice-Chairman succeeds to the office of Chairman. [3], From Infogalactic: the planetary knowledge core, Central Commission for Discipline Inspection, 1975 Constitution of the People's Republic of China, President of the People's Republic of China, "Constitution of the People's Republic of China", "The Political Stalinization of China: The Establishment of One-Party Constitutionalism, 1948-1954", The Constitution of the People's Republic of China (1954), State Council of the People's Republic of China, State-owned Assets Supervision and Administration Commission, State Administration of Press, Publication, Radio, Film and Television, General Administration of Quality Supervision, Inspection and Quarantine, State Administration for Industry and Commerce, State Administration for Religious Affairs, Association for Relations Across the Taiwan Straits, National Council for Social Security Fund, National Administration for the Protection of State Secrets, State Administration for Science, Technology and Industry for National Defence, State Administration of Cultural Heritage, State Administration of Foreign Experts Affairs, State Administration of Traditional Chinese Medicine, State Commission for Public Sector Reform, https://infogalactic.com/w/index.php?title=1954_Constitution_of_the_People%27s_Republic_of_China&oldid=1894601, Articles lacking in-text citations from June 2013, Pages using Template:Longitem with unnamed style parameter, Creative Commons Attribution-ShareAlike License, About Infogalactic: the planetary knowledge core, State Administration of Government Offices, Leading Group for Coordinating the South-North Water Transfer Project, Leading Group for Coordinating the Three Gorges Dam Project, Leading Group for the Transformation of the State Council. The organs of self-government of all autonomous regions, autonomous chou and autonomous counties exercise the functions and powers of local organs of state as specified in Section IV of Chapter Two of the Constitution. 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 are responsible to. The Supreme People's Court is the highest judicial organ. While the Soviet constitution formally creates a federal system, the Chinese constitution formally creates a unitary multi-national state. There was debate as common in parliamentary systems. Article 62. This page was last edited on 5 November 2022, at 17:32. Should exceptional circumstances arise preventing such an election, the term of office of the sitting National People's Congress may be prolonged until the first session of the succeeding National People's Congress. The Supreme People's Procuratorate (Zhonghua renmin gongheguo zuigao renmin jianchayuan ) and local people's procuratorates (difang geji renmin jianchayuan ) and special people's procuratorates (zhuanmen renmin jianchayuan ) exercised procuratorial authority to ensure observance of the law by all the departments under the State Council, or local organs of state at various levels, respectively. The enactment of the constitution set the initial foundation of developing the Democratic socialism and the socialist legal system. Article 103. Article 42. Working people in the People's Republic of China have the right to material assistance in old age, and in case of illness or disability. Books published in the PRC since the 1980s regarded the 1975 and 1978 promulgations of the Constitutions as ones with "serious errors". The pinyin system was integrated into the compulsory primary school curriculum, while thousands of illiterate adults were also taught how to read and write. In a new era that strove for political stability and economic development, party leaders considered the four big rights politically destabilizing. Article 1. The state forbids any person to use his private property to the detriment of the public interest. Article 28. [17] Xi "now has the distinction of being the first Chinese leader ever to have his theories enshrined in the constitution during his own lifetime. Organs of self-government are established in autonomous regions, autonomous chou and autonomous counties. [1] The Central People's Government Committee adopted the Draft of the Constitution of the People's Republic of China on June 14, 1954. . The 1954 Constitution was replaced in the midst of the Cultural Revolution by the 1975 Constitution of the People's Republic of China. Article 77. The fourth constitution of the People's Republic of China was adopted in 1982. The term Central People's Government is still used in Mainland agencies in Special Administrative Regions of Hong Kong and Macau . The 1954 Constitution of the People's Republic of China was adopted and enacted on September 20, 1954, through the first session of the First National People's Congress in Beijing. The socialist system is the basic system of the People's Republic of China. Article 3 The state protects the rights of handicraftsmen and other non-agricultural individual working people to own means of production according to law. Article 40. It is the leading force in the national economy and the material basis on which the state carries out socialist transformation. 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. Under this situation, China finally became a Communist country.[3]. . Local people's councils, that is, local people's governments, are the executive organs of local people's congresses at corresponding levels, and are the administrative organs of state in their respective localities. Municipalities directly under the central authority and other large municipalities are divided into districts. The Constitution also guaranteed the right to make written or oral complaints to organs of state at any level against any person working in an organ of state for transgression of law or neglect of duty. 'An English text of the draft constitution may be found in People's China, No. In the exercise of their authority local organs of the people's procuratorate are independent and are not subject to interference by local organs of state. It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity. Similar to {{, Constitution of the People's Republic of China (1954), Constitution of the People's Republic of China, 313.6(C)(2) of the Compendium II: Copyright Office Practices, https://en.wikisource.org/w/index.php?title=Constitution_of_the_People%27s_Republic_of_China_(1954)&oldid=12643526. Article 20. Chinese citizens are prohibited from forming new political parties. In the constitution of 1954, it includes the Preamble, four chapters, 106 articles, and it defines "the national flag of People's Republic of China is a red flag with 5 stars" (Art 104); "the national emblem of the People's Republic of China is: in the centre . It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. Any citizen of the People's Republic of China who has the right to vote and stand for election and has reached the age of thirty-five is eligible for election as Chairman of the People's Republic of China. On the eve of the Cultural Revolution, Liu Shaoqi, then the PRC President, fell victim to the Constitution itself. Article 105. The state protects the property of the co-operatives, encourages, guides and helps the development of the co-operative sector of the economy. 1954 Constitution. Women have equal rights with men to vote and stand for election. Article 16. Article 95. The Vice-Premiers assist the Premier in his work. For other uses, see, Constitution of the People's Republic of China, Learn how and when to remove this template message, 1978 Constitution of the People's Republic of China, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. The organs of self-government of all autonomous regions, autonomous chou and autonomous counties exercise autonomy within the limits of the authority prescribed by the Constitution and the law. Article 17. The Committee for the Reform of the Chinese Written Language was formed in 1954 and, four years later, the 1st National People's Congress gave its assent to the adoption of pinyin. National autonomous areas are inalienable parts of the People's Republic of China. The Supreme People's Procuratorate is responsible to the National People's Congress and reports to it; or, when the National People's Congress is not is session, to its Standing Committee. It was to meet once a year for a two-week session. The local people's councils carry out the decisions issued by people's congresses at corresponding levels and decisions and orders issued by administrative organs of state at higher levels.
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