What is the Constitution of the People's Republic of China?

The Constitution of the People's Republic of China serves as the supreme law of the country. It outlines the fundamental principles, structure of government, and rights and duties of citizens within the PRC.

What document functioned as the temporary constitution of the PRC before the first official constitution was adopted?

Before the first official constitution was adopted, the Common Program, adopted by the first plenary session of the Chinese People's Political Consultative Conference in September 1949, served as the temporary constitution following the foundation of the People's Republic of China.

When was the first constitution of the People's Republic of China adopted, and by which body?

The first constitution of the People's Republic of China was adopted on September 20, 1954, by the first session of the 1st National People's Congress.

What were the years of the previous constitutions of the PRC before the current one?

Prior to the current constitution, the People's Republic of China had previous constitutions enacted in 1954, 1975, and 1978.

When was the current Constitution of the People's Republic of China adopted, and how many times has it been amended?

The current Constitution of the People's Republic of China was adopted on December 4, 1982, by the 5th National People's Congress. It has subsequently been amended five times.

What is the overall structure of the current PRC Constitution?

The current Constitution consists of four chapters and 143 articles, detailing the nature of the state, fundamental rights and duties of citizens, the structure of the state, and national symbols.

How does the Constitution describe the nature of the People's Republic of China?

The Constitution describes the People's Republic of China as a socialist state governed by a people's democratic dictatorship, which is led by the working class and founded on the alliance of workers and peasants.

What fundamental political systems does the PRC Constitution establish?

The Constitution establishes the system of people's congresses as the central political structure, alongside the system of community-level self-governance and the regional ethnic autonomy system.

What role does the Chinese Communist Party (CCP) play according to the Constitution?

The Constitution establishes the leadership of the Chinese Communist Party (CCP) as a fundamental principle of the state, signifying its central role in governing China.

How did the 1982 Constitution address the rhetoric of the Cultural Revolution?

The 1982 Constitution expunged almost all rhetoric associated with the Cultural Revolution that had been included in the 1975 version, reflecting a significant shift in political ideology.

What historical reassessment influenced the 1982 Constitution's treatment of Mao Zedong's contributions?

The 1982 Constitution's portrayal of Mao Zedong's contributions was shaped by a major historical reassessment produced in June 1981 by the Sixth Plenum of the Eleventh Central Committee, specifically through the 'Resolution on Certain Questions in the History of Our Party since the Founding of the People's Republic of China'.

Which key government posts, abolished in earlier constitutions, were re-established by the 1982 Constitution?

The posts of President and Vice President, which had been abolished in the 1975 and 1978 constitutions, were re-established in the 1982 Constitution.

What term limits were imposed by Deng Xiaoping, and which leadership post was an exception?

Deng Xiaoping imposed a two-term limit, totaling 10 years, on most key leadership posts. However, the chair of the Central Military Commission was an exception to this term limit.

How does the PRC Constitution's structure compare to the 1936 Soviet Constitution?

The PRC Constitution is modeled in part after the 1936 Soviet Constitution. However, while the Soviet constitution included an explicit right of secession, the Chinese constitution explicitly forbids secession. Additionally, the PRC Constitution establishes a unitary state, contrasting with the federal system formally created by the Soviet constitution.

What does the preamble of the PRC Constitution state about China's history?

The preamble describes China as a nation with a long history, whose people have created a grand culture and possess a glorious revolutionary tradition, dating this revolutionary history as beginning in 1840.

According to Article 1 of the Constitution, what is the fundamental nature of the PRC's state system?

Article 1 defines the People's Republic of China as a socialist state operating under a people's democratic dictatorship, which is characterized by an alliance of the working classes (workers and peasants) and is led by the Chinese Communist Party.

What does Article 3 of the Constitution stipulate regarding the division of power between central and local governments?

Article 3 states that the division of responsibility and power between the central and local governments is managed under the unified leadership of the central government, while simultaneously encouraging local government initiative and proactivity.

What fundamental freedoms are guaranteed to citizens under Article 35 of the 1982 Constitution?

Article 35 of the 1982 Constitution guarantees citizens the freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom of procession, and freedom of demonstration.

Which specific rights guaranteed in the 1978 Constitution were omitted from the 1982 Constitution?

The 1982 Constitution omitted the right to strike and the 'four big rights' (to speak freely, air views fully, hold great debates, and write big-character posters) that were guaranteed in the 1978 Constitution.

What does Article 53 of the 1982 Constitution require of citizens?

Article 53 of the 1982 Constitution requires citizens to abide by the Constitution and laws, uphold labor discipline, and maintain public order.

What is the constitutional stance on the formation of new political parties in China?

The Constitution prohibits Chinese citizens from forming new political parties, reinforcing the single-party system.

How did the Hukou system impact voting power, and what change occurred in 2010?

Historically, the Hukou system meant rural residents had significantly less voting power than townsmen. However, an amendment to the election law in March 2010 readjusted the ratio to 1:1, equalizing the vote power.

What population policy was incorporated into the 1982 Constitution?

The 1982 Constitution included the birth planning policy, commonly known as the one-child policy.

What was the primary purpose of the 1988 amendment to the Constitution?

The 1988 amendment aimed to allow the emergence of a private sector by revising Articles 10 and 11 of the Constitution, and it also legalized the separation of land use rights from land ownership.

How did the 1988 constitutional revision impact the real estate market?

The 1988 revision provided the constitutional basis for the 1990 Regulation of Urban Land Use Rights, which permitted the buying and selling of land use rights, thereby enabling the development of a real estate market without altering the fundamental ownership of the land.

What significant guarantees were added to the Constitution by the 2004 amendment?

The 2004 amendment introduced guarantees concerning private property, stating that legally obtained private property is protected from violation, and also included a provision that the state respects and protects human rights.

What major changes were enacted by the 2018 amendment to the Constitution?

The 2018 amendment cemented the CCP's control by establishing the National Supervisory Commission, adding Xi Jinping Thought and Hu Jintao's Scientific Outlook on Development to the Preamble, and crucially, removing term limits for the President and Vice President.

What was the impact of removing presidential term limits in the 2018 amendment?

The removal of presidential term limits in 2018 allows the current President, Xi Jinping, to potentially remain in office indefinitely, breaking previous constitutional norms.

How did the 2018 amendment strengthen the constitutional position of the Chinese Communist Party?

The 2018 amendment incorporated the phrases 'Communist Party of China' and its 'leadership' into the main body of the Constitution, moving beyond their mention solely in the preamble. This legally enshrines one-party rule as a defining feature of China's political system.

What is the significance of Xi Jinping's theories being enshrined in the constitution during his lifetime?

Xi Jinping holds the distinction of being the first Chinese leader to have his political theories, specifically 'Xi Jinping Thought,' incorporated into the constitution while he is still in power, reinforcing his ideological authority.

What does Xi Jinping's statement, 'The Party leads everything,' signify in the context of the constitution?

This statement, emphasized in relation to the constitutional amendments, signifies the paramount and overarching authority of the Chinese Communist Party in all aspects of governance, including government, military, and civilian affairs.

What is the documented history of the CCP's adherence to the constitution's provisions?

The Chinese Communist Party (CCP) has a documented history of violating many constitutional provisions and censoring calls for greater adherence to the constitution, despite it being the supreme legal authority.

Which bodies are constitutionally empowered to review laws for compliance with the constitution?

The National People's Congress (NPC) and its Standing Committee are constitutionally empowered to review whether laws or activities comply with the constitution.

Do Chinese courts possess the power of judicial review?

No, unlike many Western legal systems, Chinese courts do not have the power of judicial review and cannot invalidate statutes on the grounds of violating the constitution.

What role does the NPC's Constitution and Law Committee play in constitutional matters?

Since 2002, the Constitution and Law Committee within the NPC has been responsible for constitutional review and enforcement, although it has never formally ruled a law unconstitutional.

How did the Sun Zhigang incident relate to constitutional enforcement?

The Sun Zhigang incident led to public outcry, prompting the Standing Committee of the National People's Congress to signal it would rule regulations unconstitutional, ultimately forcing the State Council to rescind them. This demonstrated an indirect form of constitutional enforcement.

What was the Open Constitution Initiative, and what happened to it?

The Open Constitution Initiative was a group of Chinese lawyers and academics advocating for the rule of law and enhanced constitutional protections. The government shut down this organization on July 14, 2009.

What movement emerged in China in early 2013 concerning the constitution?

In early 2013, a movement gained traction among Chinese reformers focused on enforcing the existing provisions of the constitution.

According to scholars Li and Zhou, why is the constitution appealing to the CCP?

According to Ling Li and Wenzhang Zhou, the constitution appeals to the CCP because it avoids providing definitive solutions to fundamental governance issues, allowing the Party to address these matters through other regulatory mechanisms outside the constitutional framework.

What is depicted on the cover of the current constitution as shown in the source material?

The provided image shows the cover of the current constitution of the People's Republic of China.

What is the Pinyin romanization for the original title of the Constitution?

The Pinyin romanization for the original title of the Constitution is Zhōnghuá Rénmín Gònghéguó Xiànfǎ.

What are the six branches of government structure mentioned in the constitution's overview?

The constitution's overview lists six branches of government: Legislative (National People's Congress), Executive (State Council), Military (Central Military Commission), Supervisory (National Supervisory Commission), Judicial (Supreme People's Court), and Procuratorial (Supreme People's Procuratorate).

What is the constitutional role of the President of China?

The Constitution designates the President of China as the head of state, although it notes that China does not constitutionally have a head of state in the traditional sense, referring to the role as a 'state representative'.

What is the legislative structure of China according to the constitution?

The constitution establishes a unicameral legislative system, with the National People's Congress serving as the highest organ of state power.

Who heads the executive branch of the Chinese government?

The executive branch is headed by the State Council, which is led by the Premier of the State Council.

What are the highest judicial and procuratorial bodies in China?

The highest judicial body is the Supreme People's Court, and the highest procuratorial body is the Supreme People's Procuratorate.

Does China operate under a federal system according to its constitution?

No, the Chinese constitution establishes a unitary state, although it allows for decentralization and includes special administrative regions.

How is the National People's Congress elected?

The National People's Congress is elected through a system of indirect election. County and township People's Congresses elect provincial People's Congress members, who then elect the members of the National People's Congress.

When was the Chinese People's Political Consultative Conference established as a legislative body?

The Chinese People's Political Consultative Conference served as the first legislature, established on September 21, 1949.

When did the National People's Congress officially become the legislature?

The National People's Congress officially became the legislature on September 27, 1954, following the adoption of the first constitution.

Constitution Of China Wiki: The Guiding Charter: Understanding China's Constitution

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Constitutional Overview

Supreme Law

The Constitution of the People's Republic of China (PRC) serves as the supreme law of the land. It establishes the fundamental principles, governmental structure, and rights and duties within the PRC.

Foundation and Evolution

Initially adopted on September 20, 1954, the current constitution was promulgated on December 4, 1982. It has undergone several significant amendments to reflect evolving political and economic landscapes.

Core Principles

It defines the PRC as a socialist state under a people's democratic dictatorship, led by the working class and based on the worker-peasant alliance. It enshrines the leadership of the Chinese Communist Party (CCP) and the system of people's congresses.

Historical Trajectory

Early Frameworks

Following the PRC's establishment in 1949, the Common Program served as a provisional constitution. The first formal constitution was adopted in 1954, followed by significant revisions in 1975 and 1978, reflecting major political shifts.

The 1982 Constitution

The current constitution, enacted in 1982, marked a departure from the radicalism of the Cultural Revolution era. It re-established key state institutions like the Presidency and Vice Presidency and provided a legal basis for economic reforms.

The 1982 Constitution aimed to consolidate political stability and support economic modernization. It notably omitted references to the Cultural Revolution and incorporated a revised historical assessment of Mao Zedong's contributions, aligning with the CCP's official historical narrative.

Constitutional Architecture

Chapter Breakdown

The Constitution is organized into four main chapters:

Preamble
General Principles
Fundamental Rights and Duties of Citizens
Structure of the State
National Flag, Anthem, Emblem, and Capital

State Organs

Chapter 3 outlines the primary state institutions, including:

National People's Congress (NPC)
President
State Council
Central Military Commission (CMC)
Local People's Congresses and Governments
Commissions of Supervision
People's Courts and Procuratorates

Foundational Concepts

Key principles articulated include:

Democratic Centralism: Governing principle for state organs.
Unitary State: Emphasizing centralized authority within a unified national structure.
People's Democratic Dictatorship: Defining the political system's class basis and leadership.

Amendments and Revisions

1988 Amendment

Legalized the separation of land use rights from ownership, laying the groundwork for the real estate market and economic reforms.

2004 Amendment

Incorporated guarantees for private property and human rights, reflecting the economic changes and the emergence of a middle class.

2018 Amendment

This significant revision enshrined "Xi Jinping Thought" and "Scientific Outlook on Development" in the preamble, established the National Supervisory Commission, and removed presidential term limits, consolidating CCP leadership and Xi Jinping's authority.

The 2018 amendments formally integrated the CCP's leadership into the main body of the Constitution, solidifying its role as the ultimate governing authority. This move was interpreted as constitutionally grounding the one-party state system.

Constitutional Enforcement

Enforcement Challenges

Despite its status as supreme law, the Constitution's provisions have historically faced challenges in consistent enforcement. The CCP has, at times, acted in ways that appear to contradict constitutional mandates, leading to debates about its practical application.

Judicial Review and NPC Role

Unlike many Western systems, Chinese courts do not possess the power of judicial review to invalidate laws based on constitutional grounds. The NPC and its Standing Committee hold the authority for constitutional review, though explicit rulings against laws are rare.

Citizen Action and Rights

While Article 35 guarantees freedoms of speech, press, assembly, and demonstration, the exercise of these rights is subject to legal and political constraints. The abolition of the "four big rights" (free speech, full airing of views, great debates, and big-character posters) in 1980 reflects the emphasis on political stability.

Critical Perspectives

Enforcement Gaps

Critics point to the gap between constitutional guarantees and their practical implementation, particularly concerning civil liberties and the rule of law. Organizations advocating for constitutional enforcement have faced government restrictions.

Party Supremacy

The constitutional framework is often viewed as subordinate to the political authority of the CCP. The integration of Party ideology into the Constitution, especially following the 2018 amendments, reinforces this dynamic, leading to discussions about the nature of constitutionalism in China.

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References

The de facto legislature is the Standing Committee of the National People's Congress

A full list of references for this article are available at the Constitution of China Wikipedia page

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The Guiding Charter

💡 Dive in with Flashcard Learning! 💡

Constitutional Overview ⚖️

📜 Supreme Law

🏛️ Foundation and Evolution

🇨🇳 Core Principles

Historical Trajectory ⏳

📅 Early Frameworks

✨ The 1982 Constitution

Constitutional Architecture 🏗️

📖 Chapter Breakdown

⚖️ State Organs

🌐 Foundational Concepts

Amendments and Revisions 🔄

📈 1988 Amendment

💡 2004 Amendment

⭐ 2018 Amendment

Constitutional Enforcement 🔍

❓ Enforcement Challenges

⚖️ Judicial Review and NPC Role

🗣️ Citizen Action and Rights

Critical Perspectives ⚠️

🚫 Enforcement Gaps

🤔 Party Supremacy

Teacher's Corner 🧑‍🏫

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📜 Important Notice

Dive in with Flashcard Learning!

Constitutional Overview

Supreme Law

Foundation and Evolution

Core Principles

Historical Trajectory

Early Frameworks

The 1982 Constitution

Constitutional Architecture

Chapter Breakdown

State Organs

Foundational Concepts

Amendments and Revisions

1988 Amendment

2004 Amendment

2018 Amendment

Constitutional Enforcement

Enforcement Challenges

Judicial Review and NPC Role

Citizen Action and Rights

Critical Perspectives

Enforcement Gaps

Party Supremacy

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice