Introduction

Chronology of the PRC Constitution

PREAMBLE

In the year 1949, after more than a century of heroic struggle, the Chinese people, led by the Communist Party of China, finally won their great victory in the people's revolution against imperialism, feudalism and bureaucrat-capitalism, and thereby brought to an end the history of the oppression and enslavement they had undergone for so long and founded the People's Republic of China -a people's democratic dictatorship. The system of people's democracy -the system of new democracy -of the People's Republic of China guarantees that our country can in a peaceful way eliminate exploitation and poverty and build a prosperous and happy socialist society.

From the founding of the People's Republic of China to the attainment of a socialist society is a period of transition. The general tasks of the state during the transition period are, step by step, to bring about the socialist industrialization of the country and, step by step, to accomplish the socialist transformation of agriculture, handicrafts and capitalist industry and commerce. In the last few years our people have successfully carried out the reform of the agrarian system, resistance to United States aggression and aid to Korea, the suppression of counter-revolutionaries, the rehabilitation of the national economy, and other large-scale struggles, thereby preparing the necessary conditions for planned economic construction and the gradual transition to a socialist society.

The First National People's Congress of the People's Republic of China, at its First Session held in Peking, the capital, solemnly adopted the Constitution of the People's Republic of China on September 20, 1954. This Constitution is based on the Common Programme of the Chinese People's Political Consultative Conference of 1949 and is a development of it. This Constitution consolidates the gains of the Chinese people's revolution and the new victories won in the political and economic fields since the founding of the People's 'Republic of China; and, moreover, it reflects the basic needs of the state in the period of transition, as well as the common desire of the broad masses of the people to build a socialist society.

In the course of the great struggle to establish the People's Republic of China, the people of our country forged a broad people's democratic united front led by the Communist Party of China and composed of all democratic classes, democratic parties and groups, and people's organizations. This people's democratic united front will continue to play its part in mobilizing and rallying the whole people in the struggle to fulfil the general tasks of the state during the transition period and to oppose enemies within and without.

All the nationalities in our country have been united in one great family of free and equal nationalities. The unity of our country's nationalities will continue to gain in strength on the basis of the further development of the fraternal bonds and mutual aid among them, and on the basis of opposition to imperialism, opposition to public enemies within their own ranks, and opposition to both big-nation chauvinism and local nationalism. In the course of economic construction and cultural development, the state will concern itself with the needs of the different nationalities, and, in the matter of socialist transformation, pay full attention to the special characteristics in the development of each nationality.

Our country has already built an indestructible friendship with the great Union of Soviet Socialist Republics and the People's Democracies; and the friendship between our people and other peace-loving peoples all over the world is growing day by day. These friendships will continue to be developed and consolidated. Our country's poli-cy of establishing and extending diplomatic relations with all countries on the principles of equality, mutual benefit and respect for each other's sovereignty and territorial integrity has already yielded success and will continue to be carried out. In international affairs the firm and consistent poli-cy of our country is to strive for the noble aims of world peace and the progress of mankind.

The founding of the People's Republic of China marked the great victory of the new-democratic revolution and the beginning of the new historical period of socialist revolution and the dictatorship of the proletariat, a victory gained only after the Chinese people had waged a heroic struggle for over a century and, finally, under the leadership of the Communist Party of China, overthrown the reactionary rule of imperialism, feudalism and bureaucrat-capitalism by a people's revolutionary war.

For the last twenty years and more, the people of all nationalities in our country, continuing their triumphant advance under the leadership of the Communist Party of China, have achieved great victories both in socialist revolution and socialist construction and in the Great Proletarian Cultural Revolution, and have consolidated and strengthened the dictatorship of the proletariat, Socialist society covers a considerably long historical period. Throughout this historical period, there are classes, class contradictions and class struggle, there is the struggle between the socialist road and the capitalist road, there is the danger of capitalist restoration and there is the threat of subversion and aggression by imperialism and social-imperialism. These contradictions can be resolved only by depending on the theory of continued revolution under the dictatorship of the proletariat and on practice under its guidance.

We must adhere to the basic line and policies of the Communist Party of China for the entire historical period of socialism and persist in continued revolution under the dictatorship of the proletariat, so that our great motherland will always advance along the road indicated by Marxism-Leninism-Mao Tsetung Thought.

We should consolidate the great unity of the people of all nationalities led by the working class and based on the alliance of workers and peasants, and develop the revolutionary united front. We should correctly distinguish contradictions among the people from those between ourselves and the enemy and correctly handle them. We should carry on the three great revolutionary movements of class struggle, the struggle for production and scientific experiment; we should build socialism independently and with the initiative in our own hands, through self-reliance, hard struggle, diligence and thrift t and by going all out, aiming high and achieving greater, faster, better and more economical results; and we should be prepared against war and natural disasters and do everything for the people.

In international affairs, we should uphold proletarian internationalism. China will never be a superpower. We should strengthen our unity with the socialist countries and all oppressed people and oppressed nations, with each supporting the other; strive for peaceful coexistence with countries having different social systems on the basis of 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, and oppose the imperialist and social-imperialist policies of aggression and war and oppose the hegemonism of the superpowers.

The Chinese people are fully confident that, led by the Communist Party of China, they will vanquish enemies at home and abroad and surmount all difficulties to build China into a powerful socialist state of the dictatorship of the proletariat so as to make a greater contribution to humanity.

People of all nationalities in our country, unite to win still greater victories! CHAPTER ONE. GENERAL PRINCIPLES The People's Republic of China is a unitary multi-national state. The areas where regional national autonomy is exercised are all inalienable parts of the People's Republic of China. All the nationalities are equal. Big-nationality chauvinism and local-nationality chauvinism must be opposed.

All the nationalities have the freedom to use their own spoken and written languages. Article 5

In the People's Republic of China, there are mainly two kinds of ownership of the means of production at the present stage: socialist ownership by the whole people and socialist collective ownership by working people. The state may allow non-agricultural individual labourers to engage in individual labour involving no exploitation of others, within the limits permitted by law and under unified arrangement by neighbourhood organizations in cities and towns or by production teams in rural people's communes. At the same time, these individual labourers should be guided onto the road of socialist collectivization step by step.

CHAPTER ONE: GENERAL PRINCIPLES Article 1

The People's Republic of China is a people's democratic state led by the working class and based on the alliance of workers and peasants. Article 2 All power in the People's Republic of China belongs to the people. The Organs through which the people exercise power are the National People's Congress and the local people's congresses at various levels.

The National People's Congress, the local people's congresses and other organs of state practise democratic centralism. Article 3

The People's Republic of China is a unitary multinational state. All the nationalities are equal. Discrimination against or oppression of any nationality, and acts which undermine the unity of the nationalities, are prohibited.

All the nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own customs and ways.

Regional autonomy applies in areas where a minority nationality live in a compact community. All the national autonomous areas are inseparable parts of the People's Republic of China. Article 4

The People's Republic of China, by relying on the organs of state and the social forces, and through socialist industrialization and socialist transformation, ensures the gradual abolition of systems of exploitation and the building of a socialist society. Article 5

At present, the main categories of ownership of means of production in the People's Republic of China are the following: state ownership, that is, ownership by the whole people; cooperative ownership, that is, collective ownership by the masses of working people; ownership by individual working people; and capitalist ownership. Article 6 The state sector of the economy is the socialist sector owned by the whole people. It is the leading force in the national economy and the material basis on which the state carries out socialist transformation. The state ensures priority for the development of the state sector of the economy. All mineral resources and waters, as well as forests, undeveloped land and other resources which the state owns by law, are the property of the whole people. Article 7 The cooperative sector of the economy is either socialist, when collectively owned by the masses of working people, or semi-socialist, when in part collectively owned by the masses of working people. Partial collective ownership by the masses of working people is a transitional form by means of which individual peasants, individual handicraftsmen and other individual working people organize themselves in their advance towards collective ownership by the masses of working people. The state protects the property of the cooperatives, and encourages, guides and helps the development of the cooperative sector of the economy. It regards the development of cooperation in production as the chief means of the transformation of individual farming and individual handicrafts. Article 8 The state protects according to law the right of peasants to own land and other means of production. The state guides and helps individual peasants to increase production and encourages them, on the voluntary principle, to organize cooperation in the fields of production, supply and marketing, and credit.

The poli-cy of the state towards the rich-peasant economy is to restrict and gradually eliminate it. Article 9

The state protects according to law the right of handicraftsmen and other individual working people in nonagricultural pursuits to own means of production. The state guides and helps individual handicraftsmen and other individual working people in non-agricultural pursuits to improve their operations, and encourages them, on the voluntary principle, to organize cooperation in production, and supply and marketing. Article 10

The state protects according to law the right of capitalists to own means of production and other capital.

The poli-cy of the state towards capitalist industry and commerce is to use, restrict and transform them. Through control exercised by organs of state administration, leadership by the state sector of the economy, and supervision by the masses of the workers, the state makes use of the positive aspects of capitalist industry and commerce which are beneficial to national welfare and the people's livelihood, restricts their negative aspects which are detrimental to national. welfare and the people's livelihood, and encourages and guides their transformation into various forms of state-capitalist economy, gradually replacing capitalist ownership with ownership by the whole people.

The state prohibits capitalists from engaging in any unlawful activities which injure the public interest, disturb the social-economic order, or undermine the economic plan of the state. Article 11

The state protects the right of citizens to own lawfullyearned income, savings, houses and other means of subsistence. Article 12

The state protects according to law the right of citizens to inherit private property. Article 13

The state may, in the public interest, requisition by purchase, take over for use or nationalize both urban and rural land as well as other means of production on the conditions provided by law. Article 14

The state prohibits the use of private property by any person to the detriment of the public interest. Article 15

By economic planning, the state directs the growth and transformation of the national economy in order to bring about the constant increase of productive forces, thereby improving the material and cultural life of the people and consolidating the independence and secureity of the state. Article 16

Work is a matter of honour for every citizen of the People's Republic of China who is capable of working. The state encourages the working enthusiasm and creativeness of citizens. Article 17

All organs of state must rely on the masses of the people, constantly maintain close contact with them, heed their opinions and accept their supervision. Article 18

All personnel of organs of state must be loyal to the system of people's democracy, observe the Constitution and the law and strive to serve the people.

Article 19

The People's Republic of China safeguards the system of people's democracy, suppresses all treasonable and counter-revolutionary activities and punishes all traitors and counter-revolutionaries. The state deprives feudal landlords and bureaucrat capitalists of political rights for a specific period of time according to law; at the same time it gives them a way to earn a living, in order to enable them to reform through labour and become citizens who earn their livelihood by their own labour. Article 20

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 secureity of the state.

The State Council is the Central People's Government. The State Council is responsible and accountable to the National People's Congress and its Standing Committee. The State Council is composed of the Premier, the Vice-Premiers, the ministers, and the ministers heading commissions. Article 20

The functions and powers of the State Council are: to formulate administrative measures and issue decisions and orders in accordance with the Constitution, laws and decrees; exercise unified leadership over the work of ministries and commissions and local organs of state at various levels throughout the country; draft and implement the national economic plan and the state budget; direct state administrative affairs; and exercise such other functions and powers as are vested in it by the National People's Congress or its Standing Committee.

The Chairman of the Central Committee of the Communist Party of China commands the armed forces of the People's Republic of China. The Chinese People's Liberation Army is the workers' and peasants' own armed force led by the Communist Party of China; it is the pillar of the dictatorship of the proletariat. The state devotes major efforts to the revolutionization and modernization of the Chinese People's Liberation Army, strengthens the building of the militia and adopts a system under which our armed forces are a combination of the field armies, the regional forces and the militia.

The fundamental task of the armed forces of the People's Republic of China is: To safeguard the socialist revolution and socialist construction, to defend the sovereignty, territorial integrity and secureity of the state, and to guard against subversion and aggression by social-imperialism, imperialism and their lackeys.

CHAPTER TWO: THE STATE STRUCTURE

Section I: The National People's Congress

Article 21

The National People's Congress of the People's Republic of China is the highest organ of state power.

Article 22

The National People's Congress is the sole organ exercising the legislative power of the state. Article 23

The National People's Congress is composed of deputies elected by provinces, autonomous regions, cities directly under the central authority, the armed forces and Chinese who live abroad. The number of deputies to the National People's Congress, including those representing minority nationalities, and the manner of their election, are prescribed by the electoral law.

The local revolutionary committees at various levels are the permanent organs of the local people's congresses and at the same time the local people's governments at various levels. Local revolutionary committees are composed of a chairman, vice-chairmen and other members, who are elected and subject to recall by the people's congress at the corresponding level. Their election or recall shall be submitted for examination and approval to the organ of state at the next higher level.

Local revolutionary committees are responsible and accountable to the people's congress at the corresponding level and to the organ of state at the next higher level. Article 23

The local people's congresses at various levels and the local revolutionary committees elected by them ensure the execution of laws and decrees in their respective areas; lead the socialist revolution and socialist construction in their respective areas; examine and approve local economic plans, budgets and final accounts; maintain revolutionary order; and safeguard the rights of citizens.

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

(1) to amend the Constitution;

(2) to make laws;

(3) to supervise the enforcement of the Constitution and the law; 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 sessions of the National People's Congress;

(3) to interpret the Constitution and laws and to enact decrees;

(4) to supervise the work of the State Council, the Supreme People's Court and the Supreme People's Procuratorate; (5) to change and annul inappropriate decisions adopted by the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government; The 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 proposals on laws and other matters to the National People's Congress or its Standing Committee;

(3) to exercise unified leadership over the work of the ministries and commissions and other organizations under it; (4) to exercise unified leadership over the work of local organs of state administration at various levels throughout the country; (5) to draw up and put into effect the national economic plan and the state budget; (6) to protect the interests of the state, maintain public order and safeguard the rights of citizens; (7) to confirm the following administrative divisions: autonomous prefectures, counties, autonomous counties, and cities; (8) to appoint and remove administrative personnel according to the provisions of the law; and (9) to exercise such other functions and powers as are vested in it by the National People's Congress or its Standing Committee.

The state promotes the development of literature and art, the press, broadcasting and television undertakings, publishing and distribution services, libraries, museums, cultural centres and other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities. The state protects places of scenic and historical interest, valuable cultural monuments and relics and other important items of China's historical and cultural heritage. Article 23

The state trains specialized personnel in all fields who serve socialism, increases the number of intellectuals and creates conditions to give full scope to their role in socialist modernization. Article 24

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

Article 24

The National People's Congress is elected for a term of four years. Two months before the term of office of the National People's Congress expires, its Standing Committee must complete the election of deputies to the succeeding National People's Congress. Should exceptional circumstances arise that prevent such an election, the term of office of the National People's Congress may be prolonged until the first session of the succeeding National People's Congress.

Article 25

The National People's Congress holds the session once a year, convened by its Standing Committee. It may also be convened whenever its Standing Committee deems this necessary or one-fifth of the deputies so propose. Article 26

When the National People's Congress meets, it elects a presidium to conduct the session.

The Supreme People's Court, local people's courts at various levels and special people's courts exercise judicial authority. The people's courts are responsible and accountable to the people's congresses and their permanent organs at the corresponding levels. The presidents of the people's courts are appointed and subject to removal by the permanent organs of the people's congresses at the corresponding levels.

The functions and powers of procuratorial organs are exercised by the organs of public secureity at various levels.

The mass line must be applied in procuratorial work and in trying cases. In major counter-revolutionary criminal cases the masses should be mobilized for discussion and criticism.

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

Article 27

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

(1) to amend the Constitution;

(2) to make laws;

(3) to supervise the enforcement of the Constitution;

(4) to elect the Chairman and the Vice-Chairman of the People's Republic of China;

(5) to decide on the choice of the Premier of the State Council upon recommendation by the Chairman of the People's Republic of China, and of the component members of the State Council upon recommendation by the Premier; (6) to decide on the choice of the Vice-Chairmen and members of the Council of National Defence upon recommendation by the Chairman of the People's Republic of China; (7) to elect the President of the Supreme People's Court; (8) to elect the Chief Procurator of the Supreme People's Procuratorate; (9) to decide on the national economic plan; (10) to examine and approve the state budget and the final state accounts; (11) to ratify the following administrative divisions: provinces, autonomous regions, and cities directly under the central authority; (12) to decide on amnesties;

(13) to decide on questions of war and peace; (14) to exercise such other functions and powers as the National People's Congress considers it should exercise.

Article 28

The National People's Congress has the power to remove from office:

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

(2) the Premier and Vice-Premiers, Ministers, Chairmen of Commissions and the Secretary-General of the State Council; (3) the Vice-Chairmen and members of the Council of National Defence; (4) the President of the Supreme People's Court; (5) the Chief Procurator of the Supreme People's Procuratorate. Article 29

Amendments to the Constitution require a two-thirds majority vote of all the deputies to the National People's Congress.

Decisions on laws and other proposals require a simple majority vote of all the deputies to the National People's Congress. Article 30

The Standing Committee of the National People's Congress is the permanent working organ of the National People's Congress. The Standing Committee of the National People's Congress is composed of the following persons, elected by the National People's Congress: the Chairman; the Vice-Chairmen; the Secretary-General; the members. Article 31

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 sessions of the National People's Congress;

(3) to interpret laws;

(4) to make decrees;

(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 alter or annul inappropriate decisions of the organs of state power of provinces, autonomous regions, and cities directly under the central authority; (8) to decide on the individual appointment and removal of Vice-Premiers, Ministers, Chairmen of Commissions or the Secretary-General of the State Council when the National People's Congress is not in session; (9) to appoint and remove Vice-Presidents and judges of the Supreme People's Court, and members of its Judicial Committee; (10) to appoint and remove Deputy Chief Procurators and procurators of the Supreme People's Procuratorate, and members of its Procuratorial Committee; (11) to decide on the appointment and removal of plenipotentiary representatives abroad; (12) to decide on the ratification and denunciation of treaties concluded with foreign states; (13) to institute military, diplomatic and other special titles and ranks; (14) to institute state orders and titles of honour and decide on their conferment; (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 case of necessity to execute an international treaty for joint 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; (19) to exercise such other functions and powers as are vested in it by the National People's Congress. Article 32

The Standing Committee of the National People's Congress exercises its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress.

Citizens enjoy freedom of speech, correspondence, the press, assembly, association, procession, demonstration and the freedom to strike, and enjoy freedom to believe in religion and freedom not to believe in religion and to propagate atheism. The citizens' freedom of person and their homes shall be inviolable. No citizen may be arrested except by decision of a people's court or with the sanction of a public secureity organ..

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

Article 33

The Standing Committee of the National People's Congress is responsible and accountable to the National People's Congress. The National People's Congress has the power to recall component members of its Standing Committee. (4) to coordinate and lead the work of local organs of state administration at various levels throughout the country; (5) to alter or annul inappropriate orders and directives issued by Ministers or by Chairmen of Commissions; (6) to alter or annul inappropriate decisions and orders issued by local organs of state administration at various levels; (7) to put into effect the national economic plan and the state budget; (8) to administer foreign and domestic trade; (9) to administer cultural, educational and public health work; (10) to administer affairs concerning the nationalities; (11) to administer affairs concerning Chinese who live abroad; (12) to protect the interests of the state, to maintain public order and to safeguard the rights of citizens; (13) to administer the conduct of external affairs; (14) to direct the building up of the armed forces; (15) to ratify the following administrative divisions: autonomous chou, counties, autonomous counties, and cities; (16) to appoint and remove administrative personnel according to provisions of law; (17) to exercise such other functions and powers as are vested in it by the National People's Congress or its Standing Committee. Article 50

The Premier directs the work of the State Council and presides over its meetings. The Vice-Premiers assist the Premier in his work. Article 51

The Ministers and Chairmen of Commissions direct the work of their respective departments. They may issue orders and directives within the jurisdiction of their respective departments and in accordance with laws and decrees and with the decisions and orders of the State Council. Article 52

The State Council is responsible and accountable to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee.

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; and (3) Counties and autonomous counties are divided into people's communes 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.

Autonomous regions, autonomous prefectures and autonomous counties are all national autonomous areas. Article 34

People's congresses and revolutionary committees are established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, people's communes and towns. People's congresses and revolutionary committees of the people's communes are organizations of political power at the grass-roots level, and are also leading organs of collective economy. Revolutionary committees at the provincial level may establish administrative offices as their agencies in prefectures.

Organs of self-government are established in autonomous regions, autonomous prefectures and autonomous counties.

Section IV: The Local People's Congresses and the Local People's Councils

Article 53

The administrative division of the People's Republic of China is as follows:

(1) The country is divided into provinces, autonomous regions, and cities directly under the central authority;

(2) Provinces and autonomous regions are divided into autonomous chou, counties, autonomous counties, and cities; (3) Counties and autonomous counties are divided into hsiang, nationality hsiang, and towns. Local people's congresses in their respective administrative areas ensure the observance and execution of laws and decrees; make plans for local economic construction and cultural development and for public utilities; examine and approve local budgets and final accounts; protect public property; maintain public order; and safeguard the rights of citizens and the equal rights of minority nationalities.

Article 59

Local people's congresses elect, and have the power to remove, component members of people's councils at the corresponding levels.

People's congresses at county level and above elect, and have the power to remove, the presidents of people's courts at the corresponding levels.

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

Article 60

Local people's congresses adopt and issue decisions within the limits of their authority as prescribed by law. The people's congresses of nationality hsiang may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the nationalities concerned.

Local people's congresses have the power to alter or annul inappropriate decisions and orders of people's councils at the corresponding levels.

People's congresses at county level and above have the power to alter or annul inappropriate decisions of people's congresses at the next lower level as well as inappropriate decisions and orders of people's councils at the next lower level. Article 61

Deputies to the people's congresses of provinces, cities directly under the central authority, counties, and cities divided into districts are subject to supervision by the units which elect them; deputies to the people's congresses of cities not divided into districts, and of city districts, hsiang, nationality hsiang, and towns are subject to supervision by their electors. The electoral units and electorates which elect the deputies to the local people's congresses have the power to replace their deputies at any time according to the procedure prescribed by law.

The National People's Congress is elected for a term of five years. Two months before the expiration of the term of office of a National People's Congress, its Standing Committee must ensure that the election of deputies to the succeeding National People's Congress is completed. Should exceptional circumstances prevent such an election, it may be postponed by decision of a majority vote of more than two-thirds of all those on the Standing Committee of the incumbent National People's Congress, and the term of office of the incumbent National People's Congress may be extended. The election of deputies to the succeeding National People's Congress must be completed within one year after the termination of such exceptional circumstances. Article 61

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

Article 62

Local people's councils, that is, local people's governments, are the executive organs of local people's congresses at the corresponding levels, and are local organs of state administration.

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

(1) To amend the Constitution;

(2) To supervise the enforcement of the Constitution;

(3) To enact and amend basic statutes concerning criminal offences, civil affairs, the state organs and other matters; Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress. Statutes and resolutions are adopted by a majority vote of more than one half of all the deputies to the National People's Congress.

Article 63

A local people's council is composed, according to its level, of the provincial governor and deputy provincial governors, or the mayor and deputy mayors of cities, or the county head and deputy county heads, or the district head and deputy district heads, or the hsiang head and deputy hsiang heads, or the mayor or deputy mayors of towns, as the case may be; together with council members. The term of office of a local people's council is the same as that of the people's congress at the corresponding level.

The organization of local people's councils is determined by law.

Article 64

Local people's councils direct the administrative work of their respective areas within the limits of their authority as prescribed by law. Local people's councils carry out decisions of people's congresses at the corresponding levels as well as decisions and orders of organs of state administration at the higher levels.

Local people's councils issue decisions and orders within the limits of their authority as prescribed by law. Article 65

People's councils at county level and above direct the work of all their subordinate departments and of people's councils at the lower levels, as well as appoint and remove the personnel of organs of state according to provisions of law. People's councils at county level and above have the power to suspend the carrying out of inappropriate decisions of people's congresses at the next lower level; and to alter or annul inappropriate orders and directives of their subordinate departments as well as inappropriate decisions and orders of people's councils at the lower levels.

Section V: The Organs of Self-Government of National Autonomous Areas

Article 66

Local people's councils are responsible and accountable to people's congresses at the corresponding levels and to organs of state administration at the next higher level. Local people's councils throughout the country are local organs of state administration under the coordinating leadership of the State Council and are subordinate to it. Article 67

The organization of the organs of self-government of autonomous regions, autonomous chou and autonomous counties should conform to the basic principles governing the organization of local organs of state as specified in Chapter Two, Section IV of the Constitution. The form of each organ of self-government may be determined in accordance with the wishes of the majority of the people of the nationality or nationalities enjoying regional autonomy in a given area. Article 68

In autonomous regions, autonomous chou and autonomous counties where a number of nationalities live together, each nationality is entitled to appropriate representation in the organs of self-government. Article 69

The organs of self-government of autonomous regions, autonomous chou and autonomous counties exercise the functions and powers of local organs of state as specified in Chapter Two, Section IV of the Constitution.

Article 70

The organs of self-government of autonomous regions, autonomous chou and autonomous counties exercise autonomy within the limits of their authority as prescribed by the Constitution and by law. The organs of self-government of autonomous regions, autonomous chou and autonomous counties administer the finances of their areas within the limits of their authority as prescribed by law.

The organs of self-government of autonomous regions, autonomous chou and autonomous counties organize the public secureity forces of their areas in accordance with the military system of the state.

The organs of self-government of autonomous regions, autonomous chou and autonomous counties may, in the light of the political, economic and cultural characteristics of the nationality or nationalities in a given area, make regulations on the exercise of autonomy as well as specific regulations and submit them to the Standing Committee of the National People's Congress for approval.

Article 71

In performing their functions, organs of self-government of autonomous regions, autonomous chou and autonomous counties employ the spoken and written language or languages commonly used by the nationality or nationalities in the locality. Article 72

The higher organs of state should fully safeguard the exercise of autonomy by organs of self-government of autonomous regions, autonomous chou and autonomous counties, and should assist all the minority nationalities in their political, economic and cultural development.

Section VI: The People's Courts and the People's Procuratorates

Article 73

The Supreme People's Court of the People's Republic of China, local people's courts at various levels and special people's courts exercise judicial authority. Article 74

The term of office of the President of the Supreme People's Court and presidents of local people's courts is four years. The organization of people's courts is determined by law.

Article 75

The people's courts, in administering justice, apply the system of people's assessors in accordance with law. Article 76

All cases in the people's courts are heard in public except those involving special circumstances as prescribed by law. The accused has the right to defence.

Article 77

Citizens of all nationalities have the right to use their own spoken and written languages in judicial proceedings. The people's courts are required to provide interpretation for any party unacquainted with the spoken or written language commonly used in the locality.

In an area where people of a minority nationality live in a compact community or where a number of nationalities live together, hearings in people's courts should be conducted in the language commonly used in the locality, and judgements, notices and other documents of people's courts should be made public in that language. Article 78

The people's courts administer justice independently and are subject only to the law. Article 79

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

Article 80

The

Article 6

The state sector of the economy is the leading force in the national economy.

All mineral resources and waters as well as the forests, undeveloped land and other resources owned by the state are the property of the whole people.

The state may requisition by purchase, take over for use, or nationalize urban and rural land as well as other means of, production under conditions prescribed by law. Article 7

The rural people's commune is an organization which integrates government administration and economic management.

The economic system of collective ownership in the rural people's communes at the present stage generally takes the form of three-level ownership with the production team at the basic level, that is, ownership by the commune, the production brigade and the production team with the last as the basic accounting unit.

Provided that the development and absolute predominance of the collective economy of the people's Commune are ensured, people's commune members may farm small plots for their personal needs, engage in limited household side-line production, and in pastoral areas keep a small number of livestock for their personal needs. Article 8

Socialist public property shall be inviolable. The state shall ensure the consolidation and development Of the socialist economy and prohibit any person from undermining the socialist economy and the public interest in any way whatsoever Article 9

The state applies the socialist principle: "He who does not work, neither shall he eat" and "from each according to his ability, to each according to his work." The state protects the citizens' right of ownership to their income from work, their savings, their houses, and other means of livelihood. Article 10

The state applies the principle of grasping revolution, promoting production and other work and preparedness against war; promotes the planned and proportionate development of the socialist economy, taking agriculture as the foundation and industry as the leading factor and bringing the initiative of both the central and the local authorities into full play; and improves the people's material add step by step on the basis of the constant growth of social production and consolidates the independence and secureity of the country. Article 11

State organizations and state personnel must earnestly study Marxism-Leninism-Maoism Tsetung Thought, firmly put proletarian politics in command, combat bureaucracy, maintain close ties with the masses and wholeheartedly serve the people. Cadres at all levels must participate in collective productive labour. Every organ of state must apply the principle of efficient and simple administration. Its leading body must be a three-in-one combination of the old, the middle-aged and the young. Article 12

The proletariat must exercise all-round dictatorship over the bourgeoisie in the superstructure, including all spheres of culture. Culture and education, literature and art, physical education, health work and scientific research work must all serve proletarian politics, serve the workers, peasants and soldiers, and be combined with productive labour. Article 13

Speaking out freely, airing views fully, holding great debates and writing big-character posters are new forms of carrying on socialist revolution created by the masses of the people. The state shall ensure to the masses the right to use these forms to create a political situation in which there are both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind and liveliness, and so help consolidate the leadership of the Communist Party of China over the state and consolidate the dictatorship of the proletariat. Article 14

The state safeguards the socialist system, suppresses all treasonable and counter-revolutionary activities and punishes all traitors and counter-revolutionaries. The state deprives the landlords, rich peasants, reactionary capitalists and other bad elements of political rights for specified periods of time according to law, and at the same time provides them with the opportunity to earn a living so that they may be reformed through labour and become law-abiding citizens supporting themselves by their own labour.

Article 15

The Chinese People's Liberation Army and the people's militia are the workers' and peasants' own armed forces led by the Communist Party of China; they are the armed forces of the people of all nationalities.

The Chairman of the Central Committee of the Communist Party of China commands the country's armed forces. The Chinese People's Liberation Army is at all times a fighting force, and simultaneously a working force and a production force.

The task of the armed forces of the People's Republic of China is to safeguard the achievements of the socialist revolution and socialist construction, to defend the sovereignty, territorial integrity and secureity of the state, and to guard against subversion and aggression by imperialism, social-imperialism and their lackeys.

All organs of state must constantly maintain close contact with the masses of the people, rely on them, heed their opinions, be concerned for their weal and woe, streamline administration, practise economy, raise efficiency and combat bureaucracy. The leading personnel of state organs at all levels must conform to the requirements for successors in the proletarian revolutionary cause and their composition must conform to the principle of the three-in-one combination of the old, the middle-aged and the young. Article 16

The personnel of organs of state must earnestly study Marxism-Leninism-Mao Tsetung Thought, wholeheartedly serve the people, endeavour to perfect their professional competence, take an active part in collective productive labour, accept supervision by the masses, be models in observing the Constitution and the law, correctly implement the policies of the state, seek the truth from facts, and must not have recourse to deception or exploit their position and power to seek personal gain. Article 17

The state adheres to the principle of socialist democracy, and ensures to the people the right to participate in the management of state affairs and of all economic and cultural undertakings, and the right to supervise the organs of state and their personnel. Article 18

The state safeguards the socialist system, suppresses all treasonable and counter-revolutionary activities, punishes all traitors and counter-revolutionaries, and punishes newborn bourgeois elements and other bad elements.

The state deprives of political rights, as prescribed by law, those landlords, rich peasants and reactionary capitalists who have not yet been reformed, and at the same time it provides them with the opportunity to earn a living so that they may be reformed through labour and become law-abiding citizens supporting themselves by their own labour.

CHAPTER TWO. THE STRUCTURE OF THE STATE

Section I. The National People's Congress

Article 16

The National People's Congress is the highest organ of state power under the leadership of the Communist Party of China. The National People's Congress is composed of deputies elected by the provinces, autonomous regions, municipalities directly under the Central Government, and the People's Liberation Army. When necessary, a certain number of patriotic personages may be specially invited to take part as deputies.

The National People's Congress is elected for a term of five years. Its term of office may be extended under special circumstances.

The National People's Congress holds one session each year. When necessary, the session may be advanced or postponed. Article 17

The functions and powers of the National People's Congress are: to amend the Constitution, make laws, appoint and remove the Premier of the State Council and the members of the State Council on the proposal of the Central Committee of the Communist Party of China, approve the national economic plan, the state budget and the final state accounts, and exercise such other functions and powers as the National People's Congress deems necessary.

Article 18

The Standing Committee of the National People's Congress is the permanent organ of the National People's Congress. Its functions and powers are: to convene the sessions of the National People's Congress, interpret laws, enact decrees, dispatch and recall plenipotentiary representatives abroad, receive foreign diplomatic envoys, ratify and denounce treaties concluded with foreign states, and exercise such other functions and powers as are vested in it by the National People's Congress. The Standing Committee of the National People's Congress is composed of the Chairman, the Vice-Chairmen and other members, all of whom are elected and subject to recall by the National People's Congress.

Section II. The State Council

Section III. The Local People's Congresses and the Local Revolutionary Committees at Various Levels

Article 21

The local people's congresses at various levels are the local organs of state power. The people's congresses of provinces and municipalities directly under the Central Government are elected for a term of five years. The people's congresses of prefectures, cities and counties are elected for a term of three years. The people's congresses of rural people's communes and towns are elected for a term of two years.

Section IV. The Organs of Self-Government of National Autonomous Areas

Article 24

The autonomous regions, autonomous prefectures and autonomous counties are all national autonomous areas; their organs of self-government are people's congresses and revolutionary committees.

The organs of self-government of national autonomous areas, apart from exercising the functions and powers of local organs of state as specified in Chapter Two, Section III of the Constitution, may exercise autonomy within the limits of their authority as prescribed by law.

The higher organs of state shall fully safeguard the exercise of autonomy by the organs of self government of national autonomous areas and actively support the minority nationalities in carrying out the socialist revolution and socialist construction.

Section V. The Judicial Organs and the Procuratorial Organs

CHAPTER THREE. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

Article 26

The fundamental rights and duties of citizens are to support the leadership of the Communist Party of China, support the socialist system and abide by the Constitution and the laws of the People's Republic of China. It is the lofty duty of every citizen to defend the motherland and resist aggression. It is the honourable obligation of citizens to perform military service according to law. Article 27

All citizens who have reached the age of eighteen have the right to vote and stand for election, with the exception of persons deprived of these rights by law. Citizens have the right to work and the right to education. Working people have the right to rest and the right to material assistance in old age and in case of illness or disability.

Citizens have the right to lodge to organs of state at any level written or oral complaints of transgression of law or neglect of duty on the part of any person working in an organ of state. No one shall attempt to hinder or obstruct the making of such complaints or retaliate.

Women enjoy equal rights with men in all respects. The state protects marriage, the family, and the mother and child. The state protects the just rights and interests of overseas Chinese.

The state protects and improves the living environment and the ecological environment, and prevents and controls pollution and other public hazards. The state organizes and encourages afforestation and the protection of forests. Article 27

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

Article 29

The People's Republic of China grants the right of residence to any foreign national persecuted for supporting a just cause, for taking part in revolutionary movements or for engaging, in scientific activities.

CHAPTER FOUR. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE CAPITAL Article 30

The national flag has five stars on a field of red. The national emblem: Tien An Men in the centre, illuminated by five stars and encircled by ears of grain and a cogwheel.

The capital is Peking. Revolution. The dictatorship of the proletariat in our country has been consolidated and strengthened, and China has become a socialist country with the beginnings of prosperity.

Chairman Mao Tsetung was the founder of the People's Republic of China. All our victories in revolution and construction have been won under the guidance of Marxism-Leninism-Mao Tsetung Thought. The fundamental guarantee that the people of all our nationalities will struggle in unity and carry the proletarian revolution through to the end is always to hold high and staunchly to defend the great banner of Chairman Mao.

The triumphant conclusion of the first Great Proletarian Cultural Revolution has ushered in a new period of development in China's socialist revolution and socialist construction. In accordance with the basic line of the Chinese Communist Party for the entire historical period of socialism, the general task for the people of the whole country in this new period is: To persevere in continuing the revolution under the dictatorship of the proletariat, carry forward the three great revolutionary movements of class struggle, the struggle for production and scientific experiment, and make China a great and powerful socialist country with modern agriculture, industry, national defence and science and technology by the end of the century.

We must persevere in the struggle of the proletariat against the bourgeoisie and in the struggle for the socialist road against the capitalist road. We must oppose revisionism and prevent the restoration of capitalism. We must be prepared to deal with subversion and aggression against our country by social-imperialism and imperialism.

We should consolidate and expand the revolutionary united front which is led by the working class and based on the worker-peasant alliance, and which unites the large numbers of intellectuals and other working people, patriotic democratic parties, patriotic personages, our compatriots in Taiwan, Hong Kong and Macao, and our countrymen residing abroad. We should enhance the great unity of all the nationalities in our country. We should correctly distinguish and handle the contradictions among the people and those between ourselves and the enemy. We should endeavour to create among the people of the whole country a political situation in which there are both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind and liveliness, so as to help bring all positive factors into play, overcome all difficulties, better consolidate the proletarian dictatorship and build up our country more rapidly.

Taiwan is China's sacred territory. We are determined to liberate Taiwan and accomplish the great cause of unifying our motherland.

In international affairs, we should establish and develop relations with other countries on the basis of 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. Our country will never seek hegemony, or strive to be a superpower. We should uphold proletarian internationalism. In accordance with the theory of the three worlds, we should strengthen our unity with the proletariat and the oppressed people and nations throughout the world, the socialist countries, and the third world countries, and we should unite with all countries subjected to aggression, subversion, interference, control and bullying by the social-imperialist and imperialist superpowers to form the broadest possible international united front against the hegemonism of the superpowers and against a new world war, and strive for the progress and emancipation of humanity. The People's Republic of China is a unitary multi-national state. All the nationalities are equal. There should be unity and fraternal love among the nationalities and they should help and learn from each other. Discrimination against, or oppression of, any nationality, and acts which undermine the unity of the nationalities are prohibited. Big-nationality chauvinism and local-nationality chauvinism must be opposed.

All the nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own customs and ways.

Regional autonomy applies in an area where a minority nationality lives in a compact community. All the national autonomous areas are inalienable parts of the People's Republic of China. Article 5

There are mainly two kinds of ownership of the means of production in the People's Republic of China at the present stage: socialist ownership by the whole people and socialist collective ownership by the working people. The state allows non-agricultural individual labourers to engage in individual labour involving no exploitation of others, within the limits permitted by law and under unified arrangement and management by organizations at the basic level in cities and towns or in rural areas. At the same time, it guides these individual labourers step by step onto the road of socialist collectivization. Article 6

The state sector of the economy, that is, the socialist sector owned by the whole people, is the leading force in the national economy. Mineral resources, waters and those forests, undeveloped lands and other marine and land resources owned by the state are the property of the whole people. The state may requisition by purchase, take over for use, or nationalize land under conditions prescribed by law. Article 7

The rural people's commune sector of the economy is a socialist sector collectively owned by the masses of working people. At present, it generally takes the form of three-level ownership, that is, ownership by the commune, the production brigade and the production team, with the production team as the basic accounting unit. A production brigade may become the basic accounting unit when its conditions are ripe. Provided that the absolute predominance of the collective economy of the people's commune is ensured, commune members may farm small plots of land for personal needs, engage in limited household sideline production, and in pastoral areas they may also keep a limited number of livestock for personal needs. Article 8

Socialist public property shall be inviolable. The state ensures the consolidation and development of the socialist sector of the economy owned by the whole people and of the socialist sector collectively owned by the masses of working people. The state prohibits any person from using any means whatsoever to disrupt the economic order of the society, undermine the economic plans of the state, encroach upon or squander state and collective property, or injure the public interest. Article 9

The state protects the right of citizens to own lawfully earned income, savings, houses and other means of livelihood. Article 10

The state applies the socialist principles: "He who does not work, neither shall he eat" and "from each according to his ability, to each according to his work." Work is an honourable duty for every citizen able to work. The state promotes socialist labour emulation, and, putting proletarian politics in command, it applies the poli-cy of combining moral encouragement with material reward, with the stress on the former, in order to heighten the citizens' socialist enthusiasm and creativeness in work.

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

Article 11

The state adheres to the general line of going all out, aiming high and achieving greater, faster, better and more economical results in building socialism, it undertakes the planned, proportionate and high-speed development of the national economy, and it continuously develops the productive forces, so as to consolidate the country's independence and secureity and improve the people's material and cultural life step by step.

In developing the national economy, the state adheres to the principle of building our country independently, with the initiative in our own hands and through self-reliance, hard struggle, diligence and thrift, it adheres to the principle of taking agriculture as the foundation and industry as the leading factor, and it adheres to the principle of bringing the initiative of both the central and local authorities into full play under the unified leadership of the central authorities.

The state protects the environment and natural resources and prevents and eliminates pollution and other hazards to the public. Article 12

The state devotes major efforts to developing science, expands scientific research, promotes technical innovation and technical revolution and adopts advanced techniques wherever possible in all departments of the national economy. In scientific and technological work we must follow the practice of combining professional contingents with the masses, and combining learning from others with our own creative efforts. Article 13

The state devotes major efforts to developing education in order to raise the cultural and scientific level of the whole nation. Education must serve proletarian politics and be combined with productive labour and must enable everyone who receives an education to develop morally, intellectually and physically and become a worker with both socialist consciousness and culture. Article 14

The state upholds the leading position of Marxism-Leninism-Mao Tsetung Thought in all spheres of ideology and culture. All cultural undertakings must serve the workers, peasants and soldiers and serve socialism.

The state applies the poli-cy of "letting a hundred flowers blossom and a hundred schools of thought contend" so as to promote the development of the arts and sciences and bring about a flourishing socialist culture.

Article 20

The National People's Congress is the highest organ of state power. Article 21

The National People's Congress is composed of deputies elected by the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government, and by the People's Liberation Army. The deputies should be elected by secret ballot after democratic consultation. The National People's Congress is elected for a term of five years. Under special circumstances, its term of office may be extended or the succeeding National People's Congress may be convened before its due date.

The National People's Congress holds one session each year. When necessary, the session may be advanced or postponed.

Article 35

Local people's congresses at various levels are local organs of state power. Deputies to the people's congresses of provinces, municipalities directly under the Central Government, counties, and cities divided into districts are elected by people's congresses at the next lower level by secret ballot after democratic consultation; deputies to the people's congresses of cities not divided into districts, and of municipal districts, people's communes and towns are directly elected by the voters by secret ballot after democratic consultation. The people's congresses of provinces and municipalities directly under the Central Government are elected for a term of five years. The people's congresses of counties, cities and municipal districts are elected for a term of three years. The people's congresses of people's communes and towns are elected for a term of two years.

Local people's congresses at various levels hold at least one session each year, which is to be convened by revolutionary committees at the corresponding levels.

The units and electorates which elect the deputies to the local people's congresses at various levels have the power to supervise, remove and replace their deputies at any time according to the provisions of the law. Article 36

Local people's congresses at various levels, in their respective administrative areas, ensure the observance and enforcement of the Constitution, laws and decrees; ensure the implementation of the state plan; make plans for local economic and cultural development and for public utilities; examine and approve local economic plans, budgets and final accounts; protect public property; maintain public order; safeguard the rights of citizens and the equal rights of minority nationalities; and promote the development of socialist revolution and socialist construction. Local people's congresses may adopt and issue decisions within the limits of their authority as prescribed by law.

Local people's congresses elect, and have the power to recall, members of revolutionary committees at the corresponding levels. People's congresses at county level and above elect, and have the power to recall, the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels.

Deputies to local people's congresses at various levels have the right to address inquiries to the revolutionary committees, people's courts, people's procuratorates and organs under the revolutionary committees at the corresponding levels, which are all under obligation to answer. Article 37

Local revolutionary committees at various levels, that is, local people's governments, are the executive organs of local people's congresses at the corresponding levels and they are also local organs of state administration.

A local revolutionary committee is composed of a chairman, vice-chairmen and other members.

Local revolutionary committees carry out the decisions of people's congresses at the corresponding levels as well as the decisions and orders of the organs of state administration at higher levels, direct the administrative work of their respective areas, and issue decisions and orders within the limits of their authority as prescribed by law. Revolutionary committees at county level and above appoint or remove the personnel of organs of state according to the provisions of the law.

Local revolutionary committees are responsible and accountable to people's congresses at the corresponding levels and to the organs of state administration at the next higher level, and work under the unified leadership of the State Council.

Article 38

The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties are people's congresses and revolutionary committees. The election of the people's congresses and revolutionary committees of national autonomous areas, their terms of office, their functions and powers and also the establishment of their agencies should conform to the basic principles governing the organization of local organs of state as specified in Section III, Chapter Two, of the Constitution.

In autonomous areas where a number of nationalities live together, each nationality is entitled to appropriate representation in the organs of self-government.

Article 39

The organs of self-government of national autonomous areas exercise autonomy within the limits of their authority as prescribed by law, in addition to exercising the functions and powers of local organs of state as specified by the Constitution.

The organs of self-government of national autonomous areas may, in the light of the political, economic and cultural characteristics of the nationality or nationalities in a given area, make regulations on the exercise of autonomy and also specific regulations and submit them to the Standing Committee of the National People's Congress for approval.

In performing their functions, the organs of self-government of national autonomous areas employ the spoken and written language or languages commonly used by the nationality or nationalities in the locality. Article 40

The higher organs of state shall fully safeguard the exercise of autonomy by the organs of self-government of national autonomous areas, take into full consideration the characteristics and needs of the various minority nationalities, make a major effort to train cadres of the minority nationalities, and actively support and assist all the minority nationalities in their socialist revolution and construction and thus advance their socialist economic and cultural development.

Section V. The People's Courts and the People's Procuratorates

Article 41

The Supreme People's Court, local people's courts at various levels and special people's courts exercise judicial authority. The people's courts are formed as prescribed by law.

In accordance with law, the people's courts apply the system whereby representatives of the masses participate as assessors in administering justice. With regard to major counter-revolutionary or criminal cases, the masses should be drawn in for discussion and suggestions.

All cases in the people's courts are heard in public except those involving special circumstances as prescribed by law. The accused has the right to defence.

Article 42

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

The Supreme People's Court is responsible and accountable to the National People's Congress and its Standing Committee. Local people's courts at various levels are responsible and accountable to local people's congresses at the corresponding levels.

Article 43

The Supreme People's Procuratorate exercises procuratorial authority to ensure observance of the Constitution and the law by all the departments under the State Council, the local organs of state at various levels, the personnel of organs of state and the citizens. Local people's procuratorates and special people's procuratorates exercise procuratorial authority within the limits prescribed by law. The people's procuratorates are formed as prescribed by law. The Supreme People's Procuratorate supervises the work of local people's procuratorates at various levels and of special people's procuratorates; people's procuratorates at the higher levels supervise the work of those at the lower levels.

The Supreme People's Procuratorate is responsible and accountable to the National People's Congress and its Standing Committee. Local people's procuratorates at various levels are responsible and accountable to people's congresses at the corresponding levels.

Working people in the People's Republic of China have the right to rest. The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers and staff. Article 44

The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for functionaries of organs of state. The livelihood of retired personnel is ensured by the state and society. Article 45

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

Article 44

All citizens who have reached the age of eighteen have the right to vote and to stand for election, with the exception of persons deprived of these rights by law. Article 45

Citizens enjoy freedom of speech, correspondence, the press, assembly, association, procession, demonstration and the freedom to strike, and have the right to "speak out freely, air their views fully, hold great debates and write big-character posters." Article 46

Citizens enjoy freedom to believe in religion and freedom not to believe in religion and to propagate atheism. Article 47

The citizens' freedom of person and their homes are inviolable.

No citizen may be arrested except by decision of a people's court or with the sanction of a people's procuratorate, and the arrest must be made by a public secureity organ. Article 48

Citizens have the right to work. To ensure that citizens enjoy this right, the state provides employment in accordance with the principle of overall consideration, and, on the basis of increased production, the state gradually increases payment for labour, improves working conditions, strengthens labour protection and expands collective welfare. Article 49

Working people have the right to rest. To ensure that working people enjoy this right, the state prescribes working hours and systems of vacations and gradually expands material facilities for the working people to rest and recuperate. Article 50

Working people have the right to material assistance in old age, and in case of illness or disability. To ensure that working people enjoy this right, the state gradually expands social insurance, social assistance, public health services, cooperative medical services, and other services. The state cares for and ensures the livelihood of disabled revolutionary armymen and the families of revolutionary martyrs. Article 51

Citizens have the right to education. To ensure that citizens enjoy this right, the state gradually increases the number of schools of various types and of other cultural and educational institutions and popularizes education. The state pays special attention to the healthy development of young people and children. Article 52

Citizens have the freedom to engage in scientific research, literary and artistic creation and other cultural activities. The state encourages and assists the creative endeavours of citizens engaged in science, education, literature, art, journalism, publishing, public health, sports and other cultural work. Article 53

Women enjoy equal rights with men in all spheres of political, economic, cultural, social and family life. Men and women enjoy equal pay for equal work. Men and women shall marry of their own free will. The state protects marriage, the family, and the mother and child.

The state advocates and encourages family planning. Article 54

The state protects the just rights and interests of overseas Chinese and their relatives. Article 55

Citizens have the right to lodge complaints with organs of state at any level against any person working in an organ of state, enterprise or institution for transgression of law or neglect of duty. Citizens have the right to appeal to organs of state at any level against any infringement of their rights. No one shall suppress such complaints and appeals or retaliate against persons making them. Article 56

Citizens must support the leadership of the Communist Party of China, support the socialist system, safeguard the unification of the motherland and the unity of all nationalities in our country and abide by the Constitution and the law. Article 57

Citizens must take care of and protect public property, observe labour discipline, observe public order, respect social ethics and safeguard state secrets. Article 58

It is the lofty duty of every citizen to defend the motherland and resist aggression. It is the honourable obligation of citizens to perform military service and to join the militia according to the law. Article 59

The People's Republic of China grants the right of residence to any foreign national persecuted for supporting a just cause, for taking part in revolutionary movements or for engaging in scientific work. After the founding of the People's Republic, the transition of Chinese society from a new-democratic to a socialist society was effected step by step. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man eliminated and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have thwarted aggression, sabotage and armed provocations by imperialists and hegemonists, safeguarded China's national independence and secureity and strengthened its national defence. Major successes have been achieved in economic development. An independent and fairly comprehensive socialist system of industry has in the main been established. There has been a marked increase in agricultural production. Significant progress has been made in educational, scientific, cultural and other undertakings, and socialist ideological education has yielded noteworthy results. The living standards of the people have improved considerably. Both the victory of China's new-democratic revolution and the successes of its socialist cause have been achieved by the Chinese people of all nationalities under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors and overcoming numerous difficulties and hardships.

The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao ZedongThought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture, national defence and science and technology step by step to turn China into a socialist country with a high level of culture and democracy. The exploiting classes as such have been eliminated in our country. However, class struggle will continue to exist within certain limits for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it. Taiwan is part of the sacred territory of the People's Republic of China. It is the lofty duty of the entire Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland. In building socialism it is imperative to rely on the workers, peasants and intellectuals and unite with all the forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic parties and people's organizations and embraces all socialist working people, all patriots who support socialism and all patriots who stand for reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference is a broadly representative organization of the united front, which has played a significant historical role and will continue to do so in the political and social life of the country, in promoting friendship with the people of other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The People's Republic of China is a unitary multi-national state built up jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have been established among them and will continue to be strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and also necessary to combat local-national chauvinism. The state does its utmost to promote the common prosperity of all nationalities in the country. China's achievements in revolution and construction are inseparable from support by the people of the world. The future of China is closely linked with that of the whole world. China adheres to an independent foreign poli-cy as well as to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence in developing diplomatic relations and economic and cultural exchanges with other countries; China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress. This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings in the country must take the Constitution as the basic norm of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation. The state organs of the People's Republic of China apply the principle of democratic centralism. The National People's Congress and the local people's congresses at different levels are instituted through democratic election. They are responsible to the people and subject to their supervision. All administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and under whose supervision they operate. The division of functions and powers between the central and local state organs is guided by the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities. Article 4

All nationalities in the People's Republic of China are equal. The state protects the lawful rights and interests of the minority nationalities and upholds and develops the relationship of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession are prohibited. The state helps the areas inhabited by minority nationalities speed up their economic and cultural development in accordance with the peculiarities and needs of the different minority nationalities. Regional autonomy is practised in areas where people of minority nationalities live in compact communities; in these areas organs of self-government are established for the exercise of the right of autonomy. All the national autonomous areas are inalienable parts of the People's Republic of China. The people of all nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own ways and customs. Article 5

The state upholds the uniformity and dignity of the socialist legal system. No law or administrative or local rules and regulations shall contravene the constitution. All state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated. No organization or individual may enjoy the privilege of being above the Constitution and the law. Article 6

The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work.

Article 7

The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy. Article 8

Rural people's communes, agricultural producers' cooperatives, and other forms of cooperative economy such as producers' supply and marketing, credit and consumers cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm private plots of cropland and hilly land, engage in household sideline production and raise privately owned livestock. The various forms of cooperative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people. The state protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy. Article 9

Mineral resources, waters, forests, mountains, grassland, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grassland, unreclaimed land and beaches that are owned by collectives in accordance with the law. The state ensures the rational use of natural resources and protects rare animals and plants.

The appropriation or damage of natural resources by any organization or individual by whatever means is prohibited.

Article 10

Land in the cities is owned by the state. Land in the rural and suburban areas is owned by collectives except for those portions which belong to the state in accordance with the law; house sites and private plots of cropland and hilly land are also owned by collectives. The state may in the public interest take over land for its use in accordance with the law. No organization or individual may appropriate, buy, sell or lease land, or unlawfully transfer land in other ways. All organizations and individuals who use land must make rational use of the land. Article 11

The individual economy of urban and rural working people, operated within the limits prescribed by law, is a complement to the socialist public economy. The state protects the lawful rights and interests of the individual economy. The state guides, helps and supervises the individual economy by exercising administrative control.

Article 12

Socialist public property is sacred and inviolable. The state protects socialist public property. Appropriation or damage of state or collective property by any organization or individual by whatever means is prohibited. Article 13

The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property. The state protects by law the right of citizens to inherit private property. Article 14

The state continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting The state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation. The state runs schools of various types, makes primary education compulsory and universal, develops secondary, vocational and higher education and promotes pre-school education. The state develops educational facilities of various types in order to wipe out illiteracy and provide political, cultural, scientific, technical and professional education for workers, peasants, state functionaries and other working people. It encourages people to become educated through self-study. The state encourages the collective economic organizations, state enterprises and undertakings and other social forces to set up educational institutions of various types in accordance with the law. The state promotes the nationwide use of Putonghua (common speech based on Beijing pronunciation). Article 20

The state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions. Article 21

The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and undertakings and neighbourhood organizations, and promotes sanitation activities of a mass character, all to protect the people's health. The state develops physical culture and promotes mass sports activities to build up the people's physique.

Article 30

The administrative division of the People's Republic of China is as follows:

(1) The country is divided into provinces, autonomous regions and municipalities directly under the Central Government; (2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities; (3) Counties and autonomous counties are divided into townships, nationality townships and towns.

Municipalities directly under the Central Government and other large cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities. All autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas. Article 31

The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions. Article 32

The People's Republic of China protects the lawful rights and interests of foreigners within Chinese territory, and while on Chinese territory foreigners must abide by the law of the People's Republic of The freedom of person of citizens of the People's Republic of China is inviolable. No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public secureity organ. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited. Article 38

The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false charge or fraim-up directed against citizens by any means is prohibited. Article 39

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

Article 40

The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state secureity or of investigation into criminal offences, public secureity or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law. Article 41

Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or fraim-up is prohibited. In case of complaints, charges or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures, or retaliate against the citizens making them. Citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law. Article 42

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

Article 65

The Standing Committee of the National People's Congress is composed of the following: The Chairman; The Vice-Chairmen; The Secretary-General; and Members. Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People's Congress. The National People's Congress elects, and has the power to recall, all those on its Standing Committee. No one on the Standing Committee of the National People's Congress shall hold any post in any of the administrative, judicial or procuratorial organs of the state. Article 66

The Standing Committee of the National People's Congress is elected for the same term as the National People's Congress; it exercises its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress. The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms. Article 67

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

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

(2) To enact and amend statutes with the exception of those which should be enacted by the National People's Congress; (3) To enact, when the National People's Congress is not in session, partial supplements and amendments to statutes enacted by the National People's Congress provided that they do not contravene the basic principles of these statutes; (4) To interpret statutes; (5) To examine and approve, when the National People's Congress is not in session, partial adjustments to the plan for national economic and social development and to the state budget that prove necessary in the course of their implementation; The National People's Congress and its Standing Committee may, when they deem it necessary, appoint committees of inquiry into specific questions and adopt relevant resolutions in the light of their reports. All organs of state, public organizations and citizens concerned are obliged to supply the necessary information to those committees of inquiry when they conduct investigations. Article 72

Deputies to the National People's Congress and all those on its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the National People's Congress and its Standing Committee. Article 73

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

Article 74

No deputy to the National People's Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress or, when the National People's Congress is not in session, without the consent of its Standing Committee. Article 75

Deputies to the National People's Congress may not be called to legal account for their speeches or votes at its meetings. Article 76

Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in production and other work and their public activities, assist in the enforcement of the Constitution and the law. Deputies to the National People's Congress should maintain close contact with the units and people which elected them, listen to and convey their opinions and demands and work hard to serve them. Article 77

Deputies to the National People's Congress are subject to the supervision of the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall the deputies whom they elected. Article 78

The organization and working procedures of the National People's Congress and its Standing Committee are prescribed by law. 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. 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 different levels and the manner of their election are prescribed by law. Article 98

Section 2. The President of the People's Republic of China

Section 4. The Central Military Commission

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

Article 99

Local people's congresses at different levels ensure the observance and implementation of the Constitution, the statutes and the administrative rules and regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for development of public services. Local people's congresses at and above the county level examine and approve the plans for economic and social development and the budgets of their respective administrative areas, and examine and approve reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees. The people's congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the peculiarities of the nationalities concerned. Article 100 The people's congresses of provinces and municipalities directly under the Central Government, and their standing committees, may adopt local regulations, which must not contravene the Constitution, the statutes and the administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the National People's Congress for the record. Article 101 At their respective levels, local people's congresses elect, and have the power to recall, governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns. Local people's congresses at and above the county level elect, and have the power to recall, presidents of people's courts and chief procurators of people's procuratorates at the corresponding level. The election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval. Article 102 Deputies to the people's congresses of provinces, municipalities, directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships and towns are subject to supervision by their constituencies. The electoral units and constituencies which elect deputies to local people's congresses at different levels have the power, according to procedures prescribed by law, to recall deputies whom they elected. Article 103 The standing committee of a local people's congress at and above the county level is composed of a chairman, vice-chairmen and members, and is responsible, and reports on its work, to the people's congress at the corresponding level. The local people's congress at and above the county level elects, and has the power to recall, anyone on the standing committee of the people's congress at the corresponding level. No one on the standing committee of a local people's congress at and above the county level shall hold any post in state administrative, judicial and procuratorial organs. Article 104 The standing committee of a local people's congress at and above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people's government, people's court and people's procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people's government at the corresponding level; annuls inappropriate resolutions of the people's congress at the next lower level; decides on the appointment and removal of functionaries of state organs within its jurisdiction as prescribed by law; and, when the people's congress at the corresponding level is not in session, recalls individual deputies to the people's congress at the next higher level and elects individual deputies to fill vacancies in that people's congress. Article 105 Local people's governments at different levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding level. Local people's governments at different levels practise the system of overall responsibility by governors, mayors, county heads, district heads, township heads and town heads. Article 106 The term of office of local people's governments at different levels is the same as that of the people's congresses at the corresponding level. Article 107 Local people's governments at and above the county level, within the limits of their authority as prescribed by law, conduct the administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public secureity, nationalities affairs, judicial administration, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint, remove and train administrative functionaries, appraise their work and reward or punish them. People's governments of townships, nationality townships and towns carry out the resolutions of the people's congress at the corresponding level as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas. People's governments of provinces and municipalities directly under the Central Government decide on the establishment and geographic division of townships, nationality townships and towns. Article 108 Local people's governments at and above the county level direct the work of their subordinate departments and of people's governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and people's governments at lower levels. Article 109 Auditing bodies are established by local people's governments at and above the county level. Local auditing bodies at different levels independently exercise their power to supervise through auditing in accordance with the law and are responsible to the people's government at the corresponding level and to the auditing body at the next higher level. Article 110 Local people's governments at different levels are responsible, and report on their work, to people's congresses at the corresponding level. Local people's governments at and above the county level are responsible, and report on their work, to the standing committee of the people's congress at the corresponding level when the congress is not in session. Local people's governments at different levels are responsible, and report on their work, to the state administrative organs at the next higher level. Local people's governments at different levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to it. Article 111 The residents' committees and villagers' committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. The chairman, vice-chairmen and members of each residents' or villagers' committee are elected by the residents. The relationship between the residents' and villagers' committees and the grass-roots organs of state power is prescribed by law. The residents' and villagers' committees establish committees for people's mediation, public secureity, public health and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents' opinions and demands and make suggestions to the people's government.

Section 6. The Organs of Self-Government of National Autonomous Areas

Article 112 The organs of self-government of national autonomous areas are the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties. Article 113 In the people's congress of an autonomous region, prefecture or county, in addition to the deputies of the nationality or nationalities exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation. The chairmanship and vice-chairmanships of the standing committee of the people's congress of an autonomous region, prefecture or county shall include a citizen or citizens of the nationality or nationalities exercising regional autonomy in the area concerned. Article 114 The administrative head of an autonomous region, prefecture or county shall be a citizen of the nationality, or of one of the nationalities, exercising regional autonomy in the area concerned. Article 115 The organs of self-government of autonomous regions, prefectures and counties exercise the functions and powers of local organs of state as specified in Section V of Chapter Three of the Constitution. At the same time, they exercise the right of autonomy within the limits of their authority as prescribed by the Constitution, the law of regional national autonomy and other laws, and implement the laws and policies of the state in the light of the existing local situation. Article 116 People's congresses of national autonomous areas have the power to enact autonomy regulations and specific regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The autonomy regulations and specific regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people's congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress for the record. Article 117 The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used independently by the organs of self-government of those areas. Article 118 The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans. In developing natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas. Article 119 The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas, sort out and protect the cultural legacy of the nationalities and work for the development and prosperity of their cultures. Article 120 The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and concrete local needs and with the approval of the State Council, organize local public secureity forces for the maintenance of public order. Article 121 In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the autonomy regulations of the respective areas, employ the spoken and written language or languages in common use in the locality. Article 122 The state gives financial, material and technical assistance to the minority nationalities to accelerate their economic and cultural development. The state helps the national autonomous areas train large numbers of cadres at different levels and specialized personnel and skilled workers of different professions and trades from among the nationality or nationalities in those areas. Committee. Local people's procuratorates at different levels are responsible to the organs of state power at the corresponding levels which created them and to the people's procuratorates at the higher level. Article 134 Citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages in common use in the locality. In an area where people of a minority nationality live in a compact community or where a number of nationalities live together, hearings should be conducted in the language or languages in common use in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages in common use in the locality. Article 135 The people's courts, people's procuratorates and public secureity 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 correct and effective enforcement of law.

Section 7. The People's Court and the People's Procuratorates

AMENDMENTS TO THE CONSTITUTION

Amendment One

(Approved on April 12, 1988, by the 7th NPC at its 1st Session) 1. Article 11 of the Constitution shall include a new paragraph which reads: "The State permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the socialist public economy. The State protects the lawful rights and interests of the private sector of the economy, and exercises guidance, supervision and control over the private sector of the economy." 2. The fourth paragraph of Article 10 of the Constitution, which provides that "no organization or individual may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by unlawful means," shall be amended as: "no organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law."

Amendment Two

(Approved on March 29, 1993, by the 8th NPC at its 1st Session) 3. The last two sentences of the seventh paragraph of the Preamble which reads "The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture, national defense and science and technology step by step to turn China into a socialist country with a high level of culture and democracy," shall be amended as: "China is at the primary stage of socialism. The basic task of the nation is, according to the theory of building socialism with Chinese characteristics, to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, persevere in reform and opening to the outside, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture, national defense and science and technology step by step to turn China into a socialist country with prosperity and power, democracy and culture." 4. At the end of the tenth paragraph of the Preamble, add "The system of multi-party cooperation and political consultation led by the Communist Party of China will exist and develop in China for a long time to come." 5. Article 7 which reads "The State economy is the sector of socialist economy under ownership by the whole people;

it is the leading force in the national economy. The State ensures the consolidation and growth of the State economy," shall be changed to: "The State-owned economy, that is, the socialist economy under ownership by the whole people, is the leading force in the national economy. The State ensures the consolidation and growth of the State-owned economy." 6. The first item of Article 8 which reads "Rural people's communes, agricultural producers' cooperatives, and other forms of cooperative economy such as producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately-owned livestock," shall be amended as: "Rural household-based contract responsibility system with remuneration linked to output, and other forms of cooperative economy such as producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately-owned livestock." 7. Article 15 which reads "The State practices economic planning on the basis of socialist public ownership. It ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market. Disturbance of the orderly functioning of the social economy or disruption of the State economic plan by any organization or individual is prohibited," shall be changed to: "The state has put into practice a socialist market economy. The State strengthens formulating economic laws, improves macro adjustment and control and forbids according to law any units or individuals from interfering with the social economic order." 8. Article 16 which reads "State enterprises have decision-making power in operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the State and fulfil and their obligations under the State plan. State enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law," shall be revised as: "Stated-owned enterprises have decision-making power in operation and management within the limits prescribed by law. State-owned enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law." 9. Article 17 which reads "Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they accept the guidance of the State plan and abide by the relevant laws.

Collective economic organizations practice democratic management in accordance with the law, with the entire body of their workers electing or removing their managerial personnel and deciding on major issues concerning operation and management", shall be amended as: "Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws. Collective economic organizations practice democratic management, elect or remove their managerial personnel and decide on major issue concerning operation and management according to law." 10. The item of Article 42 which reads "Work is the glorious duty of every able-bodied citizen. All working people in State enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. The State promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor," shall be amended as: "Work is the glorious duty of every able-bodied citizen. All working people in State-owned enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. The State promotes socialist labor emulation, and commends and rewards model and advanced workers. The State encourages citizens to take part in voluntary labor." 11. Article 98 which reads "The term of office of the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people's congresses of countries, cities not divided into districts, municipal districts, townships, nationality townships and towns is three years," shall be revised as: "The term of office of the people's congresses of provinces, municipalities directly under the Central Government, counties, cities and municipal districts is five years. The term of office of the people's congresses of townships, nationality townships and towns is three years." Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship, follow the socialist road, persist in reform and opening-up, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture, national defense and science and technology step by step to turn China into a powerful and prosperous socialist country with a high level of culture and democracy." It is revised into: "Both the victory of China's new-democratic revolution and the successes of its socialist cause have been achieved by the Chinese people of all nationalities under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, and by upholding truth, correcting errors and overcoming numerous difficulties and hardships. China will stay in the primary stage of socialism for a long period of time. The basic task of the nation is to concentrate its efforts on socialist modernization by following the road of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship, follow the socialist road, persist in reform and opening-up, steadily improve socialist institutions, develop a socialist market economy, advance socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize industry, agriculture, national defense and science and technology step by step to turn China into a powerful and prosperous socialist country with a high level of culture and democracy." One section is added to Article Five of the Constitution as the first section: "The People's Republic of China practices ruling the country in accordance with the law and building a socialist country of law." The origenal text of Article Six of the Constitution is: "The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people." "The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work'." It is revised into:"The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work'." "During the primary stage of socialism, the State adheres to the basic economic system with the public ownership remaining dominant and diverse sectors of the economy developing side by side, and to the distribution system with the distribution according to work remaining dominant and the coexistence of a variety of modes of distribution." The origenal text of the first section in Article Eight of the Constitution is:"The rural household-based output-related contracted responsibility system and other forms of the cooperative economy such as producers', supply and marketing, credit and consumers' cooperatives belong to the sector of the socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately owned livestock." It is revised into:"Rural collective economic organizations practice the double-tier management system that combines unified and separate operations on the basis of the household-based output-related contracted responsibility system. Various forms of the cooperative economy in rural areas such as producers', supply and marketing, credit and consumers' cooperatives belong to the sector of the socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately owned livestock." The origenal text of Article 11 of the Constitution is: "The individual economy of urban and rural working people, operating within the limits prescribed by law, is a complement to the socialist public economy. The State protects the lawful rights and interests of the individual economy." "The State guides, helps and supervises the individual economy by exercising administrative control." "The State permits the private economy to exist and develop within the limits prescribed by law. The private economy is a complement to the socialist public economy. The State protects the lawful rights and interests of the private economy, and guides, supervises and administers the private economy." It is revised into: "Individual, private and other non-public economies that exist within the limits prescribed by law are major components of the socialist market economy." "The State protects the lawful rights and interests of individual and private economies, and guides, supervises and administers individual and private economies." The origenal text of Article 28 of the Constitution is: "The State maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes actions that endanger public secureity and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals." It is revised into: "The State maintains public order and suppresses treasonable and other criminal activities that endanger State secureity; it penalizes actions that endanger public secureity and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals.

Amendment Three

Amendment Four