CONSTITUTION OF THE PEOPLE'S R

【名称】 CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA

　　【题注】

　　Important Notice: (注意事项)

英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民
  共和国涉外法规汇编》(1991年7月版).
      当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
  This  English  document  is  coming  from  "LAWS  AND  REGULATIONS  OF THE
  PEOPLE'S REPUBLIC OF  CHINA  GOVERNING  FOREIGN-RELATED  MATTERS" (1991.7)
  which  is  compiled  by  the  Brueau  of  Legislative Affairs of the State
  Council of  the  People's Republic of China, and is published by the China
  Legal System Publishing House.
  In case of discrepancy, the original version in Chinese shall prevail.

　　Whole Document (法规全文)

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)

　　Contents

Preamble
  Chapter I     General Principle
  Chapter II    The Fundamental Rights and Duties of Citizens
  Chapter III   The Structure of the State
                Section 1 The National People's Congress
                Section 2 The President of the People's Republic of China
                Section 3 The State Council
                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 Emblem and the Capital

　　Preamble

  China is a country with one of the longest histories  in  the  world.  The
  people of all of China's nationalities have jointly created a  culture  of
  grandeur and have a glorious revolutionary tradition.
  After 1840, feudal China was gradually turned  into  a  semi-colonial  and
  semi-feudal country. The  Chinese  people  waged  many  successive  heroic
  struggles for national independence and liberation and for  democracy  and
  freedom.
  Great and earthshaking historical changes have taken place in China in the
  20th century.  The Revolution of 1911, led by Dr. Sun  Yat-sen,  abolished
  the feudal monarchy and gave birth to  the  Republic  of  China.  But  the
  historic mission of  the  Chinese  people  to  overthrow  imperialism  and
  feudalism remained unaccomplished.
  After waging protracted and arduous struggles, armed and otherwise,  along
  a zigzag course, the Chinese  people  of  all  nationalities  led  by  the
  Communist  Party  of  China  with  Chairman  Mao  Zedong  as  its   leader
  ultimately, in 1949, overthrew the  rule  of  imperialism,  feudalism  and
  bureaucrat-capitalism,  won  a  great  victory   in   the   New-Democratic
  Revolution and founded the People's Republic  of  China.  Since  then  the
  Chinese people have taken control of state power and become masters of the
  country. After the founding of  the  People's  Republic,  China  gradually
  achieved its transition from a New-Democratic to a socialist society.  The
  socialist  transformation  of  the  private  ownership  of  the  means  of
  production has been completed, the system of exploitation of  man  by  man
  abolished and the socialist system established.  The  people's  democratic
  dictatorship 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  defeated  imperialist   and   hegemonist
  aggression, sabotage and armed provocations and have  thereby  safeguarded
  China's national independence and security and strengthened  its  national
  defence. Major successes have been achieved in  economic  development.  An
  independent and relatively comprehensive socialist system of industry  has
  basically  been  established.  There  has  been  a  marked   increase   in
  agricultural  production.  Significant  advances   have   been   made   in
  educational, scientific and  cultural  undertakings,  while  education  in
  socialist ideology has produced noteworthy results. The life of the people
  has improved considerably.

  Both the victory in China's New-Democratic Revolution and the successes in
  its socialist cause have been  achieved  by  the  Chinese  people  of  all
  nationalities, under the leadership of the Communist Party  of  China  and
  the guidance of Marxism-Leninism and  Mao  Zedong  Thought,  by  upholding
  truth,  correcting  errors  and  surmounting  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
  Zedong Thought, the Chinese people of all nationalities will  continue  to
  adhere to the people's democratic dictatorship  and  the  socialist  road,
  steadily improve  socialist  institutions,  develop  socialist  democracy,
  improve the socialist legal system, and work hard  and  self-reliantly  to
  modernize  the  country's  industry,  agriculture,  national  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 abolished in our country.
  However, class struggle will continue to exist within certain bounds for a
  long time to come. The Chinese people must fight against those forces  and
  elements, both at home and abroad, that are hostile to  China's  socialist
  system and try to undermine it.  Taiwan is part of the sacred territory of
  the People's Republic of China. It is the inviolable duty of  all  Chinese
  people, including our compatriots in Taiwan, to accomplish the great  task
  of reunifying the motherland.

  In building socialism it is essential to rely  on  workers,  peasants  and
  intellectuals and to unite all forces that can  be  united.  In  the  long
  years of revolution and construction, there  has  been  formed  under  the
  leadership of the Communist Party of China a broad patriotic united  front
  which is composed of the democratic parties and people's organizations and
  which embraces all socialist working  people,  all  patriots  who  support
  socialism and  all  patriots  who  stand  for  the  reunification  of  the
  motherland. This  united  front  will  continue  to  be  consolidated  and
  developed. The  Chinese  People's  Political  Consultative  Conference,  a
  broadly based representative organization of the united  front  which  has
  played a significant historical role, will play  a  still  more  important
  role in the country's political and social life, in  promoting  friendship
  with other countries and in the struggle for socialist  modernization  and
  for the reunification and unity of the country.
  The People's Republic of China is a unitary  multinational  state  created
  jointly by the people of all its  nationalities.  Socialist  relations  of
  equality, unity and mutual assistance  have  been  established  among  the
  nationalities and will continue to be strengthened.  In  the  struggle  to
  safeguard the unity of the nationalities, it is necessary to  combat  big-
  nation chauvinism, mainly Han chauvinism, and  to  combat  local  national
  chauvinism. The state will do its utmost to promote the common  prosperity
  of  all  the  nationalities.  China's  achievements  in   revolution   and
  construction are inseparable from the support of the people of the world.
  The future of China is closely linked to the future of  the  world.  China
  consistently carries out an independent foreign policy and adheres to  the
  five  principles  of  mutual  respect  for  sovereignty  and   territorial
  integrity,  mutual  non-aggression,  non-interference  in   each   other's
  internal affairs, equality and mutual benefit, and peaceful coexistence in
  developing diplomatic relations and economic and cultural  exchanges  with
  other countries. China consistently opposes  imperialism,  hegemonism  and
  colonialism, works to strengthen unity with 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,  in  legal  form,  affirms  the  achievements  of  the
  struggles of the Chinese people of all nationalities and defines the basic
  system and basic tasks of the state; it is  the  fundamental  law  of  the
  state and has supreme legal authority. The people  of  all  nationalities,
  all state organs, the armed  forces,  all  political  parties  and  public
  organizations and all enterprises and institutions  in  the  country  must
  take the Constitution as the basic standard of conduct, and they have  the
  duty  to  uphold  the  dignity  of  the  Constitution   and   ensure   its
  implementation.

　　Chapter 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. Disruption 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 National People's  Congress  and  the  local  people's  congresses  at
  various levels are the organs through  which  the  people  exercise  state
  power.
  The people administer state affairs  and  manage  economic,  cultural  and
  social affairs through various channels and in various ways in  accordance
  with the law.
  Article 3
  The state organs of the People's Republic of China apply the principle  of
  democratic centralism.
  The National People's  Congress  and  the  local  people's  congresses  at
  various levels are constituted  through  democratic  elections.  They  are
  responsible to the people and subject to their supervision.
  All administrative, judicial and procuratorial organs  of  the  state  are
  created by the people's congresses to which they are  responsible  and  by
  which they are supervised.  The division of functions and  powers  between
  the central and local state organs is guided by the  principle  of  giving
  full scope to the initiative and enthusiasm of the local authorities under
  the unified leadership of the central authorities.
  Article 4
  All nationalities in the People's Republic of China are equal.  The  state
  protects the lawful rights and interests of the minority nationalities and
  upholds  and  develops  a  relationship  of  equality,  unity  and  mutual
  assistance among all of China's nationalities. Discrimination against  and
  oppression of any nationality are prohibited; any act which undermines the
  unity of the nationalities or instigates division is prohibited.
  The  state  assists  areas  inhabited   by   minority   nationalities   in
  accelerating their economic and  cultural  development  according  to  the
  characteristics and needs of the various minority nationalities.
  Regional  autonomy  is  practised  in  areas  where  people  of   minority
  nationalities live in concentrated communities; in these areas  organs  of
  self-government are established to exercise the  power  of  autonomy.  All
  national autonomous areas are integral parts of the People's  Republic  of
  China.
  All nationalities have the freedom to use and develop their own spoken and
  written languages and  to  preserve  or  reform  their  own  folkways  and
  customs.

  Article 5
  The state upholds the  uniformity  and  dignity  of  the  socialist  legal
  system.
  No laws or administrative or local rules and  regulations  may  contravene
  the Constitution. All  state  organs,  the  armed  forces,  all  political
  parties and public organizations and all enterprises and institutions must
  abide by the Constitution and the  law.  All  acts  in  violation  of  the
  Constitution or the law must be investigated.
  No organization or individual is privileged to be beyond the  Constitution
  or the law.
  Article 6
  The basis of the socialist economic system of  the  People's  Republic  of
  China is socialist public ownership of the means  of  production,  namely,
  ownership by the whole people and  collective  ownership  by  the  working
  people.
  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  cooperatives  and  other
  forms of cooperatives 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 collective have the  right,  within  the
  limits prescribed by law,  to  farm  plots  of  cropland  and  hilly  land
  allotted for their private use, engage in  household  sideline  production
  and raise privately owned livestock.
  The various forms of cooperative economy in the cities and towns, such  as
  those in the handicraft, industrial, building, transport,  commercial  and
  service trades, all belong  to  the  sector  of  socialist  economy  under
  collective ownership by the working people.  The state protects the lawful
  rights and interests of  the  urban  and  rural  economic  collective  and
  encourages, guides and helps the growth of the collective economy.
  Article 9
  All 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,
  grasslands, unreclaimed land and beaches that are owned by  collective  in
  accordance with the law.
  The state ensures the rational use of natural resources and protects  rare
  animals and plants. Appropriation or damaging 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 privately farmed plots of cropland and hilly land are also owned
  by collectives.
  The state may, in the public interest, requisition land  for  its  use  in
  accordance with the law.
  No organization or individual may appropriate, buy, sell or lease land  or
  otherwise engage in the transfer of land by unlawful means.
  All organizations and individuals using land must ensure its rational use.
  Article 11
  The individual economy of urban and rural working people, operating within
  the limits prescribed by law, is a  complement  to  the  socialist  public
  economy. The state  protects  the  lawful  rights  and  interests  of  the
  individual economy.
  The state  guides,  assists  and  supervises  the  individual  economy  by
  administrative control.
  Article 12
  Socialist public property is inviolable.
  The state protects socialist public property. Appropriation or damaging of
  state or collective property by any organization or individual by whatever
  means is prohibited.
  Article 13
  The state protects the right of citizens to own  lawfully  earned  income,
  savings, houses and other lawful property.
  The state protects according to law  the  right  of  citizens  to  inherit
  private property.
  Article 14
  The state  continuously  raises  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 the organization of work.
  The state practises strict economy and combats waste.
  The state  properly  apportions  accumulation  and  consumption,  concerns
  itself with the interests of the collective and the individual as well  as
  of the state and, on the basis of expanded production, gradually  improves
  the material and cultural life of the people.

  Article 15
  The state practises planned economy  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
  socioeconomic order or disruption  of  the  state  economic  plan  by  any
  organization or individual is prohibited.
  Article 16
  State enterprises have decision-making power with regard to 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. The  entire  body  of  their  workers  elects  or
  removes their managerial personnel and decides 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 cooperation with Chinese  enterprises
  and other Chinese economic organizations in accordance with the law of the
  People's Republic  of  China.   All  foreign  enterprises,  other  foreign
  economic organizations as well as Chinese-foreign  joint  ventures  within
  Chinese territory shall abide by the  law  of  the  People's  Republic  of
  China. Their lawful rights and interests are protected by the law  of  the
  People's Republic of China.
  Article 19
  The state undertakes the development of socialist education and  works  to
  raise the scientific and cultural level of the whole nation.
  The  state  establishes  and  administers  schools   of   various   types,
  universalizes  compulsory  primary  education  and   promotes   secondary,
  vocational and higher education as well as preschool education.
  The state develops educational facilities in order to eliminate illiteracy
  and provide political, scientific, technical and professional education as
  well as general education for workers, peasants, state  functionaries  and
  other working people. It encourages  people  to  become  educated  through
  independent study.
  The  state  encourages  the  collective  economic   organizations,   state
  enterprises and institutions and other sectors  of  society  to  establish
  educational institutions of various types in accordance with the law.
  The state promotes the nationwide use of Putonghua (common speech based on
  Beijing pronunciation).

  Article 20
  The state promotes the development of the  natural  and  social  sciences,
  disseminates knowledge of science and technology, and commends and rewards
  achievements in scientific research as well as  technological  innovations
  and inventions.
  Article 21
  The state develops medical and health services, promotes  modern  medicine
  and traditional Chinese medicine, encourages and supports the  setting  up
  of  various  medical  and  health  facilities  by   the   rural   economic
  collectives,  state  enterprises  and   institutions   and   neighbourhood
  organizations, and promotes health and sanitation  activities  of  a  mass
  character, all for the protection of the people's health.
  The state develops physical culture and promotes mass sports activities to
  improve the people's physical fitness.
  Article 22
  The state promotes the development of art and literature, the press, radio
  and  television  broadcasting,  publishing  and   distribution   services,
  libraries, museums, cultural centres and other cultural undertakings  that
  serve the people and socialism, and it sponsors mass cultural activities.
  The state protects sites  of  scenic  and  historical  interest,  valuable
  cultural monuments and relics  and  other  significant  items  of  China's
  historical and cultural heritage.
  Article 23
  The state trains specialized personnel in all fields who serve  socialism,
  expands the ranks of intellectuals and creates  conditions  to  give  full
  scope to their role in socialist modernization.
  Article 24
  The state strengthens the building of a socialist society with an advanced
  culture and ideology  by  promoting  education  in  high  ideals,  ethics,
  general  knowledge,  discipline  and  legality,  and  by   promoting   the
  formulation and observance of rules  of  conduct  and  common  pledges  by
  various sections of the people  in  urban  and  rural  areas.   The  state
  advocates the civic virtues of love of the motherland, of the  people,  of
  labour, of science and of  socialism.  It  conducts  education  among  the
  people in patriotism and collectivism, in internationalism  and  communism
  and in dialectical  and  historical  materialism,  to  combat  capitalist,
  feudal 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 environment in which people  live  and
  the ecological environment. It 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   performance   in   order
  constantly to improve the  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 do their best to serve them.
  Article 28
  The state maintains public order  and  suppresses  treasonable  and  other
  counter-revolutionary activities; it penalizes  criminal  activities  that
  endanger public security and disrupt the  socialist  economy  as  well  as
  other criminal activities; and it punishes and reforms criminals.
  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 do their best to serve the people.
  The   state   strengthens   the   revolutionization,   modernization   and
  regularization of the armed forces in order to increase  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 specific conditions.
  Article 32
  The People's Republic of China protects the lawful rights and interests of
  foreigners within Chinese territory; foreigners on Chinese territory  must
  abide by the laws 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 is entitled to 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  ethnic
  status,  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
  Freedom of the 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 detention or deprivation or restriction of  citizens  freedom  of
  the person by 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  accusation  or  false  incrimination
  directed against citizens by any means is prohibited.
  Article 39
  The  residences  of  citizens  of  the  People's  Republic  of  China  are
  inviolable. Unlawful search of, or intrusion into, a  citizen's  residence
  is prohibited.

  Article 40
  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 citizens  freedom  and  privacy  of  correspondence,
  except in cases where, to meet the needs of state security or of  criminal
  investigation, 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 regarding any state organ or functionary.  Citizens  have
  the right to make to relevant state organs complaints or charges  against,
  or exposures of, any state organ or functionary for violation of  the  law
  or dereliction of  duty;  but  fabrication  or  distortion  of  facts  for
  purposes of libel or false incrimination is prohibited.
  The state organ concerned must deal with complaints, charges or  exposures
  made by citizens 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 as  a
  result of infringement of  their  civic  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.  Through various channels, the state creates conditions  for
  employment, enhances occupational  safety  and  health,  improves  working
  conditions  and,  on  the  basis   of   expanded   production,   increases
  remuneration for work and welfare benefits.  Work is a  matter  of  honour
  for every citizen who is  able  to  work.  All  working  people  in  state
  enterprises and in urban and rural economic  collectives  should  approach
  their work as the masters of the country that they are. 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 for 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 the rest and recuperation of the  working
  people and prescribes working hours and vacations for workers and staff.
  Article 44
  The state applies the system  of  retirement  for  workers  and  staff  of
  enterprises and institutions and for  functionaries  of  organs  of  state
  according to law. 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 social insurance, social relief and medical and  health
  services that are required for 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-mutes 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 development of children and young people,
  morally, intellectually and physically.
  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 endeavors conducive to
  the interests  of  the  people  that  are  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, in political, economic, cultural, social and family life.
  The state  protects  the  rights  and  interests  of  women,  applies  the
  principle of equal pay for equal work to 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 children who  are  minors,
  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
  Citizens of the People's Republic of China, in exercising  their  freedoms
  and rights, may not infringe upon the interests of the state,  of  society
  or 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 unification 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,  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 duty of every citizen of the People's Republic  of  China
  to defend the motherland and resist aggression.
  It is the honorable 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 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  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.
  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 procedure
  of their election are prescribed by law.
  Article 60
  The National People's Congress is elected for a term of five years.
  The Standing Committee of the National People's Congress must  ensure  the
  completion of election of deputies to  the  succeeding  National  People's
  Congress two months prior to the expiration of the term of office  of  the
  current National People's  Congress.  Should  extraordinary  circumstances
  prevent such an election, it may be postponed and the term  of  office  of
  the current National People's Congress extended by the decision of a  vote
  of more than two-thirds of all those on  the  Standing  Committee  of  the
  current National People's  Congress.  The  election  of  deputies  to  the
  succeeding National People's Congress must be completed  within  one  year
  after the termination of such extraordinary 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  it
  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  laws  governing  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;
  (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 on  the
  choice of the Vice-Premiers, State Councillors,  Ministers  in  charge  of
  ministries or commissions, 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
  nomination by the Chairman, to decide on the choice of all  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 report 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  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, the Auditor-General and  the  Secretary-General
  of the State Council;
  (3) the Chairman of the Central Military Commission and other  members  of
  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  vote  of
  more than two-thirds of all the deputies to the Congress.
  Laws and resolutions are to be adopted by  a  majority  vote  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
  the 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,
  members of its Standing Committee.
  No one on the Standing Committee of the National People's  Congress  shall
  hold office 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  shall  exercise  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 laws, with the exception of those which  should  be
  enacted by the National People's Congress;
  (3) to partially supplement and amend, when the National People's Congress
  is not in session, laws enacted by the National People's Congress provided
  that the basic principles of these laws are not contravened;
  (4) to interpret laws;
  (5) to review and approve, when the National People's Congress is  not  in
  session, partial adjustments to the plan for national economic and  social
  development or 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 annul those administrative  rules  and  regulations,  decisions  or
  orders of the State Council that contravene the Constitution or the law;
  (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  law  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,  the
  Auditor-General  or  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 other members of  the  Commission,  when  the
  National People's Congress is not in session;
  (11) to appoint or remove, at the recommendation of the President  of  the
  Supreme People's Court, the Vice-Presidents  and  Judges  of  the  Supreme
  People's Court, members of its Judicial Committee and the President of the
  Military Court;

  (12) to appoint or remove, at the recommendation of the Procurator-General
  of the Supreme People's Procuratorate, 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, and to approve the appointment  or  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  or   recall   of   plenipotentiary
  representatives abroad;
  (14) to decide on the ratification or 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 imposition 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
  directs the work of the Standing Committee and convenes its meetings.  The
  Vice-Chairmen and the Secretary-General assist the Chairman in his work.
  The Chairman, the Vice-Chairmen and the Secretary-General  constitute  the
  Council of Chairmen which handles 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
  furnish necessary information to  the  committees  of  inquiry  when  they
  conduct investigations.

  Article 72
  Deputies to the National People's Congress and  members  of  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 and  members  of  the  Standing
  Committee have the right, during the sessions  of  the  Congress  and  the
  meetings of the  Committee,  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 Standing Committee.
  Article 75
  Deputies to the National People's Congress may not be held legally  liable
  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
  public activities, production and other work, assist in the enforcement of
  the Constitution and the law.  Deputies to the National People's  Congress
  should maintain close contact with the units which elected them  and  with
  the people, heed and convey the opinions and demands  of  the  people  and
  work hard to serve them.
  Article 77
  Deputies to the National People's Congress are subject to  supervision  by
  the units which elected them. The electoral units have the power,  through
  procedures prescribed by law, to recall deputies 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  the
  decisions of the National People's Congress and  its  Standing  Committee,
  promulgates statutes, appoints  or  removes  the  Premier,  Vice-Premiers,
  State Councillors, Ministers in charge of ministries or  commissions,  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 the  decisions  of  the  Standing  Committee  of  the
  National  People's   Congress,   appoints   or   recalls   plenipotentiary
  representatives abroad, and ratifies or 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 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 the event that the office of the President of the People's Republic  of
  China falls vacant, the Vice-President  succeeds  to  the  office  of  the
  President.
  In the event that  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 office  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 assumes overall responsibility  for  the  work  of  the  State
  Council. The Ministers assume overall responsibility for the work  of  the
  ministries and commissions.  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 to be attended by 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 law;
  (2) to submit proposals to the National People's Congress or its  Standing
  Committee;
  (3) to formulate 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 various levels throughout the country, and to  formulate
  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  affairs  and  urban  and  rural
  development;
  (7) to direct and administer the affairs of education,  science,  culture,
  public health, physical culture and family planning;
  (8) to direct and administer  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  to
  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 various 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 imposition 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 or  remove  administrative  officials,
  train them, appraise their performance 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 to it.
  Article 90
  Ministers in charge of the ministries or commissions of the State  Council
  are responsible for the work of  their  respective  departments  and  they
  convene and preside over ministerial meetings  or  general  and  executive
  meetings of the commissions to 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   law   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 various levels,  and  the  revenue
  and expenditure of all financial and monetary  organizations,  enterprises
  and institutions of the state.
  Under the direction of the Premier of the State Council, the auditing body
  independently exercises its  power  of  supervision  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
  the members.
  The Chairman assumes overall responsibility for the work  of  the  Central
  Military 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 Congresses and Local People's Governments  at
  Various 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 various 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 5 and 6 of

　　Chapter III of the Constitution.

  Article 96
  Local people's congresses at various 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's congresses  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 various 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 various  levels  ensure  the  observance  and
  implementation of the Constitution and  the  law  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 the development of  public  services.   Local
  people's congresses at and  above  the  county  level  shall  examine  and
  approve the plans for economic and social development and the  budgets  of
  their respective administrative areas and examine and approve the  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
  characteristics 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 and  the  law  and
  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
  Local people's congresses at their respective levels 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  various  levels  have  the  power  to  recall  the
  deputies according to procedures prescribed by law.
  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.
  A local people's congress at or above the county level elects, and has the
  power to recall, members of its standing committee.
  No one on the standing committee of a local people's congress at or  above
  the county level shall hold office in state administrative,  judicial  and
  procuratorial organs.
  Article 104
  The standing committee of a local people's congress at or 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 or removal of
  functionaries of state organs  within  the  limits  of  its  authority  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 various levels are the executive  bodies  of
  local organs of  state  power  as  well  as  the  local  organs  of  state
  administration at the corresponding levels.
  Governors, mayors and heads of counties, districts,  townships  and  towns
  assume overall responsibility for local people's  governments  at  various
  levels.
  Article 106
  The term of office of local people's governments at various levels is  the
  same as that of the people's congresses at the corresponding levels.
  Article 107
  Local people's governments at and  above  the  county  level,  within  the
  limits of their authority as prescribed  by  law,  conduct  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   or   remove   administrative
  functionaries, train them, appraise their performance and reward or punish
  them.
  People's  governments  of  townships,  nationality  townships,  and  towns
  execute the resolutions of the people's congresses  at  the  corresponding
  levels 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 of the  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  various  levels  independently
  exercise their power of supervision 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 various levels are responsible and report on
  their work to people's  congresses  at  the  corresponding  levels.  Local
  people's governments at and above the county  level  are  responsible  and
  report on their work to the standing committees of the people's congresses
  at the corresponding levels when the congresses are not in session.
  Local people's governments at various levels are responsible and report on
  their work to the state administrative organs at the next higher level.
  Local people's governments at various 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  sub-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, autonomous prefecture or
  autonomous  county,  in  addition  to  the  deputies  of  the  nationality
  exercising  regional  autonomy  in  the  administrative  area,  the  other
  nationalities  inhabiting  the  area  are  also  entitled  to  appropriate
  representation.
  Among the chairman and vice-chairmen of  the  standing  committee  of  the
  people's congress  of  an  autonomous  region,  autonomous  prefecture  or
  autonomous county there shall be one or more citizens of  the  nationality
  or nationalities exercising regional autonomy in the area concerned.
  Article 114
  The chairman of  an  autonomous  region,  the  prefect  of  an  autonomous
  prefecture or the head of an autonomous county shall be a citizen  of  the
  nationality exercising regional autonomy in the area concerned.
  Article 115
  The  organs  of  self-government   of   autonomous   regions,   autonomous
  prefectures and autonomous counties exercise the functions and  powers  of
  local organs of state as specified in Section 5  of  Chapter  III  of  the
  Constitution. At the same time, they exercise the power of autonomy within
  the limits of their authority as prescribed by the Constitution,  the  Law
  of the People's Republic of China on 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
  The people's congresses of national autonomous areas  have  the  power  to
  enact  regulations  on  the  exercise  of  autonomy  and  other   separate
  regulations  in  the  light  of  the  political,  economic  and   cultural
  characteristics  of  the  nationality  or  nationalities  in   the   areas
  concerned. The regulations on the exercise of autonomy and other  separate
  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  committee  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  by  the  organs  of  self-
  government of those areas on their own.
  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 exploiting 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, protect  and  sift
  through the cultural heritage of the nationalities and work for a vigorous
  development 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 practical 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  regulations  on  the
  exercise of autonomy  in  those  areas,  employ  the  spoken  and  written
  language or languages in common use in the locality.
  Article 122
  The state provides 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 various levels and specialized personnel and skilled workers  of
  various professions and trades from among the nationality or nationalities
  in those areas.
  Section  7  The  People's   Courts   and   the   People's   Procuratorates
  Article 123
  The people's courts of 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 people's courts at various local 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. The President shall serve no more than two consecutive terms.
  The organization of the people's courts is prescribed by law.
  Article 125
  Except in special circumstances as specified by  law,  all  cases  in  the
  people's courts are heard in public. The accused has the right to defence.
  Article 126
  The people's courts exercise judicial power independently,  in  accordance
  with the provisions of the law, and are not subject to interference by any
  administrative organ, public organization or individual.
  Article 127
  The Supreme People's Court is the highest judicial organ.
  The Supreme People's Court supervises the administration of justice by the
  people's courts at various  local  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  various
  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 people's procuratorates  at  various  local  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;  the
  Procurator-General shall serve no more than two consecutive terms.
  The organization of the people's procuratorates is prescribed by law.
  Article 131
  The people's procuratorates exercise procuratorial power independently, in
  accordance with the  provisions  of  the  law,  and  are  not  subject  to
  interference  by  any  administrative  organ,   public   organization   or
  individual.
  Article 132
  The Supreme People's Procuratorate is the highest procuratorial organ.
  The Supreme People's  Procuratorate  directs  the  work  of  the  people's
  procuratorates at  various  local  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. People's  procuratorates  at  various
  local levels are responsible to the organs of state  power  which  created
  them and to the people's procuratorates at higher levels.
  Article 134
  Citizens of all China's nationalities have the right to use  their  native
  spoken and written languages 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
  commonly used in the locality.
  In an area where people of a minority nationality live in  a  concentrated
  community or where a number of nationalities live together, court hearings
  should be conducted in the language or  languages  commonly  used  in  the
  locality; indictments, judgments, notices and other  documents  should  be
  written, according to actual needs, in the language or languages  commonly
  used in the locality.
  Article 135
  The people's courts, the people's procuratorates and the  public  security
  organs shall, in handling criminal cases,  divide  their  functions,  each
  taking responsibility for its own work, and they  shall  coordinate  their
  efforts  and  check  each  other  to  ensure  the  correct  and  effective
  enforcement of the 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 consists of an image        of Tian'anmen in its 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.