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Prior to the adoption of the first official constitution in 1954, the PRC operated without any form of temporary governing document.
Answer: False
Explanation: Before the first official constitution was adopted, the Common Program, enacted by the first plenary session of the Chinese People's Political Consultative Conference in September 1949, functioned as the provisional constitution of the People's Republic of China.
The first constitution of the People's Republic of China was adopted in 1954 by the National People's Congress.
Answer: True
Explanation: The foundational constitution of the PRC was formally adopted during the first session of the First National People's Congress in 1954.
The PRC has had more than two constitutions; previous versions were adopted in 1954, 1975, and 1978, preceding the current 1982 constitution.
Answer: True
Explanation: The People's Republic of China has adopted multiple constitutions throughout its history. Prior to the current 1982 version, constitutions were enacted in 1954, 1975, and 1978.
The 1982 PRC Constitution is composed of four chapters and 143 articles, not five chapters and 150 articles.
Answer: True
Explanation: The current Constitution, adopted in 1982, is structured into four chapters and comprises 143 articles.
The 1982 Constitution largely expunged the political rhetoric associated with the Cultural Revolution, contrary to retaining it.
Answer: True
Explanation: The 1982 Constitution marked a significant departure from the preceding 1975 constitution by expunging most of the political rhetoric characteristic of the Cultural Revolution.
The 1982 Constitution's assessment of Mao Zedong's contributions was significantly influenced by a pivotal 1981 resolution adopted by the Eleventh Central Committee.
Answer: True
Explanation: The 'Resolution on Certain Questions in the History of Our Party since the Founding of the People's Republic of China,' passed by the Sixth Plenum of the Eleventh Central Committee in 1981, provided the historical reassessment that informed the 1982 Constitution's treatment of Mao Zedong's legacy.
The preamble of the PRC Constitution states that China's revolutionary history began in 1840, not 1949.
Answer: True
Explanation: The preamble of the Constitution references the nation's 'glorious revolutionary tradition' and states that the people's revolutionary struggle dates back to 1840, not the founding of the PRC in 1949.
The 1982 Constitution omitted the right to strike and the 'four big rights' that were guaranteed in the 1978 version.
Answer: True
Explanation: The 1982 Constitution marked a departure from the 1978 version by removing the right to strike and the 'four big rights' (freedom of speech, airing views fully, holding great debates, and writing big-character posters).
Prior to the adoption of the first official constitution in 1954, what document functioned as the provisional constitution of the People's Republic of China?
Answer: The Common Program
Explanation: The Common Program, adopted by the first plenary session of the Chinese People's Political Consultative Conference in September 1949, served as the provisional constitution of the PRC until the adoption of the first official constitution.
In what year was the first constitution of the People's Republic of China officially adopted?
Answer: September 20, 1954
Explanation: The first constitution of the People's Republic of China was officially adopted on September 20, 1954.
Identify the years in which previous constitutions of the PRC were enacted prior to the current 1982 constitution.
Answer: 1954, 1975, 1978
Explanation: Previous constitutions of the PRC were enacted in 1954, 1975, and 1978, preceding the current constitution adopted in 1982.
What is the total number of chapters and articles comprising the current PRC Constitution adopted in 1982?
Answer: 4 chapters and 143 articles
Explanation: The current PRC Constitution, adopted in 1982, consists of four chapters and 143 articles.
What approach did the 1982 Constitution take regarding the political rhetoric prevalent during the Cultural Revolution?
Answer: It expunged almost all rhetoric associated with the Cultural Revolution.
Explanation: The 1982 Constitution marked a significant departure from the preceding 1975 constitution by expunging most of the political rhetoric characteristic of the Cultural Revolution.
As indicated in the preamble, to what historical period does China's 'glorious revolutionary tradition,' as referenced in the Constitution, date back?
Answer: 1840
Explanation: The preamble of the Constitution references the nation's 'glorious revolutionary tradition' and states that the people's revolutionary struggle dates back to 1840, not the founding of the PRC in 1949.
Identify the specific rights guaranteed in the 1978 Constitution that were notably omitted from the 1982 Constitution.
Answer: The right to strike and the 'four big rights'
Explanation: The 1982 Constitution marked a departure from the 1978 version by removing the right to strike and the 'four big rights' (freedom of speech, airing views fully, holding great debates, and writing big-character posters).
The Constitution of the People's Republic of China functions as the supreme legal document, delineating the framework of governmental organization and enumerating the rights and obligations of its citizenry.
Answer: True
Explanation: The Constitution of the People's Republic of China serves as the paramount legal instrument, establishing the fundamental principles, governmental architecture, and the spectrum of rights and duties incumbent upon citizens.
The Constitution formally defines the People's Republic of China as a socialist state, predicated upon a people's democratic dictatorship, with the working class serving as the leading force and the alliance between workers and peasants as its foundation.
Answer: True
Explanation: Article 1 of the Constitution establishes the People's Republic of China as a socialist state under the people's democratic dictatorship, led by the working class and based on the alliance of workers and peasants.
The Constitution establishes the system of people's congresses as the primary political structure, alongside the system of community-level self-governance and the regional ethnic autonomy system.
Answer: True
Explanation: The Constitution establishes the system of people's congresses as the primary political structure and central governing mechanism of the People's Republic of China.
Article 1 of the Constitution defines the PRC as a socialist state under a people's democratic dictatorship, led by the working class, and explicitly states it is a unitary state, not federal, and not led by the military.
Answer: True
Explanation: Article 1 defines the PRC as a socialist state under a people's democratic dictatorship, led by the working class and founded on the worker-peasant alliance. It establishes a unitary state structure and does not designate the military as the leading force.
As stipulated by the Constitution, the People's Republic of China is characterized as a state governed by a people's democratic dictatorship, led by which specific social class?
Answer: The working class
Explanation: The Constitution defines the PRC as a socialist state under a people's democratic dictatorship, led by the working class.
What fundamental political system is constitutionally established as the central governing structure of the PRC?
Answer: The system of people's congresses
Explanation: The Constitution establishes the system of people's congresses as the primary political structure and central governing mechanism of the People's Republic of China.
Article 35 of the Constitution guarantees citizens fundamental freedoms including speech, press, assembly, association, procession, and demonstration.
Answer: True
Explanation: Article 35 enumerates key civil liberties, ensuring citizens' rights to express themselves, gather, and associate, subject to legal frameworks.
Article 53 mandates that citizens uphold the Constitution and laws, maintain public order, and adhere to labor discipline.
Answer: True
Explanation: Article 53 outlines fundamental duties incumbent upon all citizens, emphasizing adherence to the legal framework, social order, and workplace regulations.
Chinese citizens are constitutionally prohibited from forming new political parties, irrespective of the level of support they might garner.
Answer: True
Explanation: The Constitution explicitly prohibits the formation of new political parties by citizens, reinforcing the established single-party system.
Which specific article within the 1982 Constitution guarantees citizens fundamental freedoms including speech, press, assembly, and association?
Answer: Article 35
Explanation: Article 35 enumerates key civil liberties, ensuring citizens' rights to express themselves, gather, and associate, subject to legal frameworks.
What fundamental requirements does Article 53 of the 1982 Constitution impose upon citizens?
Answer: To abide by the Constitution and laws, uphold labor discipline, and maintain public order.
Explanation: Article 53 outlines fundamental duties incumbent upon all citizens, emphasizing adherence to the legal framework, social order, and workplace regulations.
What is the constitutional position regarding the formation of new political parties within China?
Answer: The Constitution prohibits Chinese citizens from forming new political parties.
Explanation: The Constitution explicitly prohibits the formation of new political parties by citizens, reinforcing the established single-party system.
The current Constitution of the People's Republic of China, adopted on December 4, 1982, has undergone five amendments, not six.
Answer: True
Explanation: While the current Constitution was adopted on December 4, 1982, it has been amended five times, not six. The amendments occurred in 1988, 1993, 1999, 2004, and 2018.
Deng Xiaoping advocated for term limits on most leadership posts, not lifetime limits, and there were exceptions.
Answer: True
Explanation: Deng Xiaoping championed the implementation of term limits, specifically a two-term limit (10 years), for most key leadership positions. The chair of the Central Military Commission was notably an exception to this policy.
While drawing partial inspiration from the 1936 Soviet Constitution, the PRC Constitution explicitly prohibits secession, a feature not present in its Soviet model.
Answer: True
Explanation: The PRC Constitution, while influenced by the 1936 Soviet Constitution, explicitly forbids secession by constituent regions. The Soviet constitution, conversely, formally included a right of secession.
A 2010 amendment to the election law equalized the voting power between rural and urban residents by adjusting the representation ratio, effectively mitigating disparities previously exacerbated by the Hukou system.
Answer: True
Explanation: The March 2010 amendment to the election law adjusted the ratio of rural to urban representation in elections, establishing parity in voting power between these demographic groups.
The 1982 Constitution incorporated the policy of birth planning, which became widely known as the 'one-child policy'.
Answer: True
Explanation: The 1982 Constitution included provisions for birth planning, a policy that became popularly recognized as the 'one-child policy'.
The primary purpose of the 1988 amendment was to facilitate the separation of land ownership from land use rights, enabling the development of land markets.
Answer: True
Explanation: The 1988 amendment revised Articles 10 and 11 of the Constitution, providing the legal basis for separating land ownership from land use rights and allowing for the transfer of land use rights, thereby fostering economic development.
The 2004 amendment significantly enhanced constitutional protections by adding clauses that guarantee the inviolability of legally obtained private property and affirm the state's commitment to respecting and protecting human rights.
Answer: True
Explanation: The 2004 amendment significantly enhanced constitutional protections by adding clauses that guarantee the inviolability of legally obtained private property and affirm the state's commitment to respecting and protecting human rights.
The 2018 amendment removed term limits for the President and Vice President of the PRC, not the Premier of the State Council.
Answer: True
Explanation: The 2018 amendment to the Constitution notably removed the term limits for the President and Vice President of the People's Republic of China. Term limits for the Premier of the State Council were not addressed in this amendment.
What was the duration of the term limit imposed by Deng Xiaoping on most key leadership posts?
Answer: 10 years
Explanation: Deng Xiaoping advocated for a two-term limit, totaling 10 years, on most key leadership positions.
Which specific action or status is explicitly forbidden by the PRC Constitution, notwithstanding its partial modeling after the 1936 Soviet Constitution?
Answer: Secession by constituent regions
Explanation: The PRC Constitution explicitly forbids secession by constituent regions, a prohibition not present in the 1936 Soviet Constitution.
What policy, widely recognized as the 'one-child policy,' was incorporated into the 1982 Constitution?
Answer: The birth planning policy
Explanation: The 1982 Constitution included provisions for birth planning, a policy that became popularly recognized as the 'one-child policy'.
What specific economic development was primarily facilitated by the 1988 amendment to the Constitution?
Answer: The emergence of a private sector and land use rights trading
Explanation: The 1988 amendment revised Articles 10 and 11 of the Constitution, providing the legal basis for separating land ownership from land use rights and allowing for the transfer of land use rights, thereby fostering economic development.
What significant guarantees were introduced into the Constitution by the 2004 amendment?
Answer: Protection of legally obtained private property and respect for human rights
Explanation: The 2004 amendment significantly enhanced constitutional protections by adding clauses that guarantee the inviolability of legally obtained private property and affirm the state's commitment to respecting and protecting human rights.
The Constitution references the Chinese Communist Party (CCP) exclusively as a historical entity, devoid of any indication of its contemporary role in governance.
Answer: False
Explanation: This statement is factually incorrect. The Constitution explicitly enshrines the leadership of the Chinese Communist Party as a fundamental principle of the state, not merely as a historical reference.
The 2018 amendment substantively strengthened the CCP's constitutional position by incorporating references to its leadership into the main body of the Constitution, moving beyond their previous placement solely in the preamble.
Answer: True
Explanation: By integrating explicit mentions of the Chinese Communist Party's leadership into the core articles of the Constitution, the 2018 amendment legally solidified its paramount role in the state's structure and governance.
What fundamental principle does the Constitution establish concerning the role and position of the Chinese Communist Party (CCP)?
Answer: The CCP's leadership is a fundamental principle of the state.
Explanation: The Constitution formally establishes the leadership of the Chinese Communist Party (CCP) as a foundational principle of the state, thereby signifying its central and paramount role in the governance of China.
In what manner did the 2018 amendment legally solidify the Chinese Communist Party's dominance?
Answer: By incorporating CCP leadership phrases into the main body of the Constitution.
Explanation: By integrating explicit mentions of the Chinese Communist Party's leadership into the core articles of the Constitution, the 2018 amendment legally solidified its paramount role in the state's structure and governance.
Which Chinese leader holds the distinction of being the first to have their political theories formally enshrined in the Constitution during their tenure?
Answer: Xi Jinping
Explanation: Xi Jinping is recognized as the first Chinese leader whose political theories, specifically 'Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era,' were incorporated into the Constitution while he remained in office.
What is the significance of the phrase 'The Party leads everything,' particularly in the context of constitutional amendments?
Answer: The Party leads government, military, and civilian affairs, signifying its paramount authority.
Explanation: This assertion signifies the paramount and pervasive authority of the Chinese Communist Party across all domains of governance, encompassing governmental, military, and civilian affairs.
Article 3 of the Constitution does not grant significant independent power to local governments; it stipulates that the division of powers is managed under the unified leadership of the central government.
Answer: True
Explanation: Article 3 outlines that the division of responsibilities and powers between the central and local governments operates under the unified leadership of the central government, while simultaneously encouraging local initiative.
Chinese judicial bodies are vested with the authority of judicial review, empowering them to nullify legislation found to be in contravention of the constitution.
Answer: False
Explanation: Contrary to systems prevalent in many Western jurisdictions, Chinese courts are not endowed with the power of judicial review, precluding them from invalidating statutes on constitutional grounds. Such authority rests with the National People's Congress and its Standing Committee.
The Sun Zhigang incident did not result in direct constitutional enforcement via a court ruling, but rather through indirect administrative action.
Answer: True
Explanation: The Sun Zhigang incident prompted public discourse on constitutional rights, leading the State Council to rescind regulations indirectly, rather than through a direct judicial ruling invalidating the law.
What is the constitutional authority of Chinese courts concerning the review and invalidation of laws?
Answer: They cannot invalidate statutes on the grounds of violating the constitution.
Explanation: Chinese courts lack the constitutional power of judicial review; they cannot invalidate statutes on the grounds that they violate the constitution.
Regarding constitutional enforcement, what was the outcome of the Sun Zhigang incident?
Answer: It prompted the State Council to rescind regulations after indirect signaling of unconstitutionality.
Explanation: The Sun Zhigang incident led to the State Council rescinding regulations, not through direct judicial invalidation, but via indirect signaling of their unconstitutionality, demonstrating a nuanced form of constitutional enforcement.
What was the fate of the Open Constitution Initiative?
Answer: It was shut down by the government on July 14, 2009.
Explanation: The Open Constitution Initiative, an organization advocating for constitutional adherence, was officially shut down by the government on July 14, 2009.
According to scholars Li and Zhou, what characteristic of the constitution makes it appealing to the Chinese Communist Party (CCP)?
Answer: Because it allows the Party to address fundamental issues through external regulatory mechanisms.
Explanation: Scholars Li and Zhou posit that the constitution appeals to the CCP because it avoids definitive resolutions to fundamental governance issues, thereby allowing the Party to address such matters through alternative regulatory mechanisms outside the constitutional framework.
What is the constitutional structure of the legislative branch in China?
Answer: Unicameral, with the National People's Congress as the highest organ.
Explanation: The Constitution establishes a unicameral legislative system, designating the National People's Congress (NPC) as the supreme organ of state power.