يقول رسول الله صلى الله عليه وآله وسلم : أتاني جبريل عليه السلام فقال يا محمد : إن أمتك مختلفة بعدك . قال : فقلت له : فأين المخرج يا جبريل ، فقال : كتاب الله تعالى به يقصم الله كل جبار ، من اعتصم به نجا ، ومن تركه هلك ، قال وفيه قول فصل ، وليس بالهزل ، لا تختلقه الألسن ، ولا تفنى أعاجيبه . فيه نبأ ما كان من قبلكم ، وفصل ما بينكم ، وخبر ما هو كائن بعدكم . ))

الموقع الشخصي
لأعمال الدكتور
راتب عبد الوهاب السمان
info@kitabuallah.com

الدستور الصيني


The Constitution of the People's Republic of China

Preamble

China is a country with one of the longest histories in the world. Thepeople of all of China's nationalities have jointly created a culture ofgrandeur and have a glorious revolutionary tradition.

After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles fornational independence and liberation and for democracy and freedom.

Great and earthshaking historical changes have taken place in China in the20th century.

The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudalmonarchy and gave birth to the Republic of China. But the historic mission ofthe Chinese people to overthrow imperialism and feudalism remainedunaccomplished.

After waging protracted and arduous struggles, armed and otherwise, along azigzag course, the Chinese people of all nationalities led by the CommunistParty of China with Chairman Mao Zedong as its leader ultimately, in 1949,overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won agreat victory in the New-Democratic Revolution and founded the People'sRepublic of China. Since then the Chinese people have taken control of statepower and become masters of the country.

After founding the People's Republic, China gradually achieved itstransition from a New-Democratic to a socialist society. The socialisttransformation of the private ownership of the means of production has beencompleted, the system of exploitation of man by man abolished and the socialistsystem established. The people's democratic dictatorship held by the workingclass and based on the alliance of workers and peasants, which is in essencethe dictatorship of the proletariat, has been consolidated and developed. TheChinese people and the Chinese People's Liberation Army have defeatedimperialist and hegemonist aggression, sabotage and armed provocations and havethereby safeguarded China's national independence and security and strengthenedits national defense. Major successes have been achieved in economicdevelopment. An independent and relatively comprehensive socialist system ofindustry has basically been established. There has been a marked increase inagricultural production. Significant advances have been made in educational,scientific and cultural undertakings, while education in socialist ideology hasproduced noteworthy results. The life of the people has improvedconsiderably.

Both the victory of China's new-democratic revolution and the successes ofits socialist cause have been achieved by the Chinese people of allnationalities under the leadership of the Communist Party of China and theguidance of Marxism-Leninism and Mao Zedong Thought, and by upholding truth,correcting errors and overcoming numerous difficulties and hardships. China willstay in the primary stage of socialism for a long period of time. The basic taskof the nation is to concentrate its efforts on socialist modernization byfollowing the road of Chinese-style socialism. Under the leadership of theCommunist Party of China and the guidance of Marxism-Leninism, Mao ZedongThought, Deng Xiaoping Theory, and the important thought of the "ThreeRepresents," the Chinese people of all nationalities will continue to adhere tothe people's democratic dictatorship, follow the socialist road, persist inreform and opening-up, steadily improve socialist institutions, develop asocialist market economy, advance socialist democracy, improve the socialistlegal system and work hard and self-reliantly to modernize industry,agriculture, national defense and science and technology step by step, promotethe co-ordinated development of the material, political and spiritualcivilizations to turn China into a powerful and prosperous socialist countrywith a high level of culture and democracy.

The exploiting classes as such have been abolished in our country. However,class struggle will continue to exist within certain bounds for a long time tocome. The Chinese people must fight against those forces and elements, both athome and abroad, that are hostile to China's socialist system and try toundermine it.

Taiwan is part of the sacred territory of the People's Republic of China. Itis the inviolable duty of all Chinese people, including our compatriots inTaiwan, to accomplish the great task of reunifying the motherland.

In building socialism it is essential to rely on workers, peasants andintellectuals and to unite all forces that can be united. In the long years ofrevolution and construction, there has been formed under the leadership of theCommunist Party of China a broad patriotic united front which is composed of thedemocratic parties and people's organizations and which embraces all socialistworking people, all builders of socialism, all patriots who support socialismand all patriots who stand for the reunification of the motherland. This unitedfront will continue to be consolidated and developed. The Chinese People'sPolitical Consultative Conference, a broadly based representative organizationof the united front which has played a significant historical role, will play astill more important role in the country's political and social life, inpromoting friendship with other countries and in the struggle for socialistmodernization and for the reunification and unity of the country. Multi-partycooperation and the political consultation system under the leadership of theCommunist Party of China shall continue and develop for the extended future. Thesystem of multi-party cooperation and political consultation led by theCommunist Party of China will exist and develop in China for a long time tocome.

The People's Republic of China is a unitary multi-national state createdjointly by the people of all its nationalities. Socialist relations ofequality, unity and mutual assistance have been established among thenationalities and will continue to be strengthened. In the struggle tosafeguard the unity of the nationalities, it is necessary to combat big-nationchauvinism, mainly Han chauvinism, and to combat local national chauvinism. Thestate will do its utmost to promote the common prosperity of all thenationalities.

China's achievements in revolution and construction are inseparable from thesupport of the people of the world. The future of China is closely linked tothe future of the world. China consistently carries out an independent foreignpolicy and adheres to the five principles of mutual respect for sovereignty andterritorial integrity, mutual non-aggression, non-interference in each other'sinternal affairs, equality and mutual benefit, and peaceful coexistence indeveloping diplomatic relations and economic and cultural exchanges with othercountries. China consistently opposes imperialism, hegemonism and colonialism,works to strengthen unity with people of other countries, supports theoppressed nations and the developing countries in their just struggle to winand preserve national independence and develop national economies, and strivesto safeguard world peace and promote the cause of human progress.

This Constitution, in legal form, affirms the achievements of the strugglesof the Chinese people of all nationalities and defines the basic system andbasic tasks of the state; it is the fundamental law of the state and hassupreme legal authority. The people of all nationalities, all state organs, thearmed forces, all political parties and public organizations and allenterprises and institutions in the country must take the Constitution as thebasic standard of conduct, and they have the duty to uphold the dignity of theConstitution and ensure its implementation.


CHAPTER I. GeneralPrinciples

Article 1. Socialist state

The People's Republic of China is a socialist state under the people'sdemocratic dictatorship led by the working class and based on the alliance ofworkers and peasants.

The socialist system is the basic system of the People's Republic of China.Disruption of the socialist system by any organization or individual isprohibited.

Article 2. Power belongs to thepeople

All power in the People's Republic of China belongs to the people.

The National People's Congress and the local people's congresses at variouslevels are the organs through which the people exercise state power.

The people administer state affairs and manage economic, cultural and socialaffairs through various channels and in various ways in accordance with thelaw.

Article 3. Democracy

The state organs of the People's Republic of China apply the principle ofdemocratic centralism.

The National People's Congress and the local people's congresses at variouslevels are constituted through democratic elections. They are responsible tothe people and subject to their supervision.

All administrative, judicial and procuratorial organs of the state arecreated by the people's congresses to which they are responsible and by whichthey are supervised.

The divisions of functions and powers between the central and local stateorgans is guided by the principle of giving full scope to the initiative andenthusiasm of the local authorities under the unified leadership of the centralauthorities.

Article 4. Minority rights

All nationalities in the People's Republic of China are equal. The stateprotects the lawful rights and interests of the minority nationalities andupholds and develops a relationship of equality, unity and mutual assistanceamong all of China's nationalities. Discrimination against and oppression ofany nationality are prohibited; any act which undermines the unity of thenationalities or instigates division is prohibited.

The state assists areas inhabited by minority nationalities acceleratingtheir economic and cultural development according to the characteristics andneeds of the various minority nationalities.

Regional autonomy is practiced in areas where people of minoritynationalities live in concentrated communities; in these areas organs of self-government are established to exercise the power of autonomy. All nationalautonomous areas are integral parts of the People's Republic of China.

All nationalities have the freedom to use and develop their own spoken andwritten languages and to preserve or reform their own folkways and customs.

Article 5. Constitutionalsupremacy

The People's Republic of China practices ruling the country in accordancewith the law and building a socialist country of law.

The state upholds the uniformity and dignity of the socialist legalsystem.

No laws or administrative or local rules and regulations may contravene theConstitution.

All state organs, the armed forces, all political parties and publicorganizations and all enterprises and institutions must abide by theConstitution and the law. All acts in violation of the Constitution and the lawmust be investigated.

No organization or individual is privileged to be beyond the Constitution orthe law.

Article 6. Socialist supremacy

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

During the primary stage of socialism, the State adheres to the basiceconomic system with the public ownership remaining dominant and diverse sectorsof the economy developing side by side, and to the distribution system with thedistribution according to work remaining dominant and the coexistence of avariety of modes of distribution.

Article 7. State economy

The State-owned economy, that is, the socialist economy under ownership bythe whole people, is the leading force in the national economy. The Stateensures the consolidation and growth of the State-owned economy.

Article 8. Communes andcollectives

Rural collective economic organizations practice the double-tier managementsystem that combines unified and separate operations on the basis of thehousehold-based output-related contracted responsibility system. Various formsof the cooperative economy in rural areas such as producers', supply andmarketing, credit and consumers' cooperatives belong to the sector of thesocialist 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 landallotted for private use, engage in household sideline production and raiseprivately owned livestock.

The various forms of cooperative economy in the cities and towns, such asthose in the handicraft, industrial, building, transport, commercial andservice trades, all belong to the sector of socialist economy under collectiveownership by the working people.

The state protects the lawful rights and interests of the urban and ruraleconomic collectives and encourages, guides and helps the growth of thecollective economy.

Article 9. Natural resources

All mineral resources, waters, forests, mountains, grasslands, unreclaimedland, beaches, and other natural resources are owned by the state, that is, bythe whole people, with the exception of the forest, mountains, grasslands andunreclaimed land and beaches that are owned by collectives in accordance withthe law.

The state ensures the rational use of natural resources and protects rareanimals and plants. Appropriation or damaging natural resources by anyorganization or individual by whatever means is prohibited.

Article 10. Ownership of land

Land in cities is owned by the state.

Land in the rural and suburban areas is owned by collectives except forthose portions which belong to the state in accordance with the law; housesites and privately farmed plots of cropland and hilly land are also owned bycollectives.

The State may, in the public interest and in accordance with the provisionsof law, expropriate or requisition land for its use and shall make compensationfor the land expropriated or requisitioned.

No organization or individual may appropriate, buy, sell or unlawfullytransfer land in other ways. The right to the use of the land may betransferred in accordance with the law.

All organizations and individuals using land must ensure its rationaluse.

Article 11. Private economy

Individual, private and other non-public economies that exist within thelimits prescribed by law are major components of the socialist marketeconomy.

The State protects the lawful rights and interests of the non-public sectorsof the economy such as the individual and private sectors of the economy. TheState encourages, supports and guides the development of the non-public sectorsof the economy and, in accordance with law, exercises supervision and controlover the non-public sectors of the economy.

Article 12. Public property

Socialist public property is inviolable.

The state protects socialist property. Appropriation or damaging of state orcollective property by any organization or individual by whatever means isprohibited.

Article 13. Private property,inheritance

Citizens' lawful private property is inviolable.

The State, in accordance with law, protects the rights of citizens to privateproperty and to its inheritance.

The State may, in the public interest and in accordance with law, expropriateor requisition private property for its use and shall make compensation for theprivate property expropriated or requisitioned.

Article 14. Economicimprovement

The state continuously raises labor productivity, improves economic resultsand develops the productive forces by enhancing the enthusiasm of the workingpeople, raising the level of their technical skill, disseminating advancedscience and technology, improving the systems of economic administration andenterprise operation and management, instituting the socialist system ofresponsibility in various forms and improving the organization of work.

The state practices strict economy and combats waste.

The state properly apportions accumulation and consumption, concerns itselfwith the interests of the collective and the individual as well as of the stateand, on the basis of expanded production, gradually improves the material andcultural life of the people.

The State establishes a sound social security system compatible with thelevel of economic development.

Article 15. Economic planning

The state has put into practice a socialist market economy. The Statestrengthens formulating economic laws, improves macro adjustment and control andforbids according to law any units or individuals from interfering with thesocial economic order.

Article 16. State-ownedenterprise

Stated-owned enterprises have decision-making power in operation andmanagement within the limits prescribed by law. State-owned enterprises practicedemocratic management through congresses of workers and staff and in other waysin accordance with the law.

Article 17. Collective-ownedenterprise

Collective economic organizations have decision-making power in conductingindependent economic activities, on condition that they abide by the relevantlaws. Collective economic organizations practice democratic management, elect orremove their managerial personnel and decide on major issue concerning operationand management according to law.

Article 18. Foreign investment

The People's Republic of China permits foreign enterprises, other foreigneconomic organizations and individual foreigners to invest in China and toenter into various forms of economic cooperation with Chinese enterprises andother Chinese economic organizations in accordance with the law of the People'sRepublic of China.

All foreign enterprises, other foreign economic organizations as well asChinese-foreign joint ventures within Chinese territory shall abide by the lawof the People's Republic of China.

Article 19. Education

The state undertakes the development of socialist education and works toraise the scientific and cultural level of the whole nation.

The state establishes and administers schools of various types,universalizes compulsory primary education and promotes secondary, vocationaland higher education as well as pre-school education.

The state develops educational facilities in order to eliminate illiteracyand provide political, scientific, technical and professional education as wellas general education for workers, peasants, state functionaries and otherworking people. It encourages people to become educated through independentstudy.

The state encourages the collective economic organizations, stateenterprises and institutions and other sectors of society to establisheducational institutions of various types in accordance with the law.

The state promotes the development of natural and social sciences,disseminates knowledge of science and technology, and commends and rewardsachievements in scientific research as well as technological innovations andinventions.

Article 20. Science andtechnology

deleted

Article 21. Medicine andfitness

The state develops medical and health services, promotes modern medicine andtraditional Chinese medicine, encourages and supports the setting up of variousmedical and health facilities by the rural economic collectives, stateenterprises and institutions and neighborhood organizations, and promoteshealth and sanitation activities of a mass character, all for the protection ofthe people's health.

The state develops physical culture and promotes mass sports activities toimprove the people's physical fitness.

Article 22. Art, mass media, andculture

The state promotes the development of art and literature, the press, radioand television broadcasting, publishing and distribution services, libraries,museums, cultural centers and other cultural undertakings that serve the peopleand socialism, and it sponsors mass cultural activities.

The state protects sites of scenic and historical interest, valuablecultural monuments and relics and other significant items of China's historicaland cultural heritage.

Article 23. State training to servesocialism

The state trains specialized personnel in all fields who serve socialism,expands the ranks of intellectuals and creates conditions to give full scope totheir role in socialist modernization.

Article 24. Teaching in morality andpatriotism

The state strengthens the building of a socialist society with an advancedculture and ideology by promoting education in high ideals, ethics, generalknowledge, discipline and legality, and by promoting the formulation andobservance of rules of conduct and common pledges by various sections of thepeople in urban and rural areas.

Article 25. Family planning

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

Article 26. Pollution control,forests

The state protects and improves the environment in which people live and theecological environment. It prevents and controls pollution and other publichazards.

The state organizes and encourages afforestation and the protection offorests.

Article 27. Responsibilty ofwork

All state organs carry out the principle of simple and efficientadministration, the system of responsibility for work and the system oftraining functionaries and appraising their performance in order constantly toimprove the quality of work and efficiency and combat bureaucratism.

Article 28. Maintaining order

The State maintains public order and suppresses treasonable and othercriminal activities that endanger State security; it penalizes actions thatendanger public security and disrupt the socialist economy and other criminalactivities, and punishes and reforms criminals.

Article 29. Armed forces

The armed forces of the People's Republic of China belong to the people.Their tasks are to strengthen national defense, resist aggression, defend themotherland, safeguard the people's peaceful labor, participate in nationalreconstruction and do their best to serve the people.

Article 30. Governmentaldivisions

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

1)The country is divided into provinces, autonomous regions andmunicipalities 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, nationalitytownships, and towns.

Municipalities directly under the Central Government and other large citiesare divided into districts and counties. Autonomous prefectures are dividedinto counties, autonomous counties, and cities.

All autonomous regions, autonomous prefectures and autonomous counties arenational autonomous areas.

Article 31. Special administrativeregions

The state may establish special administrative regions when necessary. Thesystems to be instituted in special administrative regions shall be prescribedby law enacted by the National People's Congress in the light of the specificconditions.

Article 32. Protection of right offoreigners

The People's Republic of China protects the lawful rights and interests offoreigners within Chinese territory; foreigners on Chinese territory must abideby the laws of the People's Republic of China.

The People's Republic of China may grant asylum to foreigners who request itfor political reasons.


CHAPTER II. TheFundamental Rights and Duties of Citizens

Article 33. Citizenship

All persons holding the nationality of the People's Republic of China arecitizens of the People's Republic of China.

All citizens of the People's Republic of China are equal before the law.

Every citizen is entitled to the rights and at the same time must performthe duties prescribed by the Constitution and the law.

The State respects and preserves human rights.

Article 34. Voting requirements

All citizens of the People's Republic of China who have reached the age of18 have the right to vote and stand for election, regardless of ethnic status,race, sex, occupation, family background, religious belief, education, propertystatus or length of residence, except persons deprived of political rightsaccording to law.

Article 35. Freedom of speech, press,assembly

Citizens of the People's Republic of China enjoy freedom of speech, of thepress, of assembly, of association, of procession and of demonstration.

Article 36. Religious freedom

Citizens of the People's Republic of China enjoy freedom of religiousbelief.

No state organ, public organization or individual may compel citizens tobelieve in, or not believe in, any religion; nor may they discriminate againstcitizens who believe in, or do not believe in, any religion.

The state protects normal religious activities. No one may make use ofreligion to engage in activities that disrupt public order, impair the healthof citizens or interfere with the educational system of the state.

Religious bodies and religious affairs are not subject to any foreigndomination.

Article 37. Freedom of person

Freedom of the person of citizens of the People's Republic of China isinviolable.

No citizens may be arrested except with the approval or by decision of apeople's procuratorate or by decision of a people's court, and arrests must bemade by a public security organ.

Unlawful detention or deprivation or restriction of citizens' freedom of theperson by other means is prohibited, and unlawful search of the person ofcitizens is prohibited.

Article 38. Freedom from insult

The personal dignity of citizens of the People's Republic of China isinviolable. Insult, libel, false accusation or false incrimination directedagainst citizens by any means is prohibited.

Article 39. Inviolability of thehome

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

Article 40. Privacy ofcorrespondence

Freedom and privacy of correspondence of citizens of the People's Republicof China are protected by law. No organization or individual may, on anyground, infringe on citizens' freedom of privacy of correspondence, except incases where to meet the needs of state security or of criminal investigation,public security or procuratorial organs are permitted to censor correspondencein accordance with procedures prescribed by law.

Article 41. Right to petition thestate

Citizens of the People's Republic of China have the right to criticize andmake suggestions regarding any state organ or functionary. Citizens have theright to make to relevant state organs complaints or charges against, orexposures of, any state organ or functionary for violation of the law ordereliction of duty, but fabrication or distortion of facts for purposes oflibel or false incrimination is prohibited.

The state organ concerned must deal with complaints, charges or exposuresmade by citizens in a responsible manner after ascertaining the facts. No onemay suppress such complaints, charges and exposures or retaliate against thecitizens making them.

Citizens who have suffered losses as a result of infringement of their civicrights by any state organ or functionary have the right to compensation inaccordance with the law.

Article 42. Right and duty towork

Citizens of the People's Republic of China have the right as well as theduty to work.

Through various channels, the state creates conditions for employment,enhances occupational safety and health, improves working conditions and, onthe basis of expanded production, increases remuneration for work and welfarebenefits.

Work is the glorious duty of every able-bodied citizen. All working people inState-owned enterprises and in urban and rural economic collectives shouldperform their tasks with an attitude consonant with their status as masters ofthe country. The State promotes socialist labor emulation, and commends andrewards model and advanced workers. The State encourages citizens to take partin voluntary labor.

The state provides necessary vocational training for citizens before theyare employed.

Article 43. Right to rest

Working people in the People's Republic of China have the right to rest.

The state expands facilities for the rest and recuperation of the workingpeople and prescribes working hours and vacations for workers and staff.

Article 44. Protection ofretirement

The state applies the system of retirement for workers and staff ofenterprises and institutions and for functionaries of organs of state accordingto law. The livelihood of retried personnel is ensured by the state andsociety.

Article 45. Protection of old, ill,disabled

Citizens of the People's Republic of China have the right to materialassistance from the state and society when they are old, ill or disabled. Thestate develops social insurance, social relief and medical and health servicesthat are required for citizens to enjoy this right.

The state and society ensure the livelihood of disabled members of the armedforces, provides pensions to the families of martyrs and gives preferentialtreatment to the families of military personnel.

The state and society help make arrangements for the work, livelihood andeducation of the blind, deaf-mutes and other handicapped citizens.

Article 46. Right to and duty ofeducation

Citizens of the People's Republic of China have the right as well as theduty to receive education.

The state promotes the all-round development of children and young people,morally, intellectually and physically.

Article 47. Right to pursue art,science

Citizens of the People's Republic of China have the freedom to engage inscientific research, literary and artistic creation and other culturalpursuits. The state encourages and assists creative endeavours conducive to theinterests of the people that are made by citizens engaged in education,science, technology, literature, art and other cultural work.

Article 48. Equal rights forwomen

Women in the People's Republic of China enjoy equal rights with men in allspheres of life, political, economic, cultural, social, and family life.

The state protects the rights and interests of women, applies the principleof equal pay for equal work for men and women alike and trains and selectscadres from among women.

Article 49. Protection of marriage andfamily

Marriage, the family and mother and child are protected by the state.

Both husband and wife have the duty to practice family planning.

Parents have the duty to rear and educate their children who are minors, andchildren who have come of age have the duty to support and assist theirparents.

Violation of the freedom of marriage is prohibited. Maltreatment of oldpeople, women and children is prohibited.

Article 50. Protection of Chinese whileoverseas

The People's Republic of China protects the legitimate rights and interestsof Chinese nationals residing abroad and protects the lawful rights andinterests of returned overseas Chinese and of the family members of Chinesenationals residing abroad.

Article 51. Non-infringement ofrights

Citizens of the People's Republic of China, in exercising their freedoms andrights, may not infringe upon the interests of the state, of society or of thecollective, or upon the lawful freedoms and rights of other citizens.

Article 52. Duty to safeguardunity

It is the duty of citizens of the People's Republic of China to safeguardthe unification of the country and the unity of all its nationalities.

Article 53. Duty to upholdConstitution

Citizens of the People's Republic of China must abide by the constitutionand the law, keep state secrets, protect public property and observe labourdiscipline and public order and respect social ethics.

Article 54. Duty to honor themotherland

It is the duty of citizens of the People's Republic of China to safeguardthe security, honour and interests of the motherland; they must not commit actsdetrimental to the security, honour and interests of the motherland.

Article 55. Duty to defend themotherland

It is the sacred duty of every citizen of the People's Republic of China todefend the motherland and resist aggression.

It is the honorable duty of citizens of the People's Republic of China toperform military service and join the militia in accordance with the law.

Article 56. Duty to pay taxes

It is the duty of citizens of the People's Republic of China to pay taxes inaccordance with the law.


CHAPTER III. TheStructure of the State

§ 1. The National People'sCongress

Article 57. Stature

The National People's Congress of the People's Republic of China is thehighest organ of state power. Its permanent body is the Standing Committee ofthe National People's Congress.

Article 58. Legislative Power

The National People's Congress and its Standing Committee exercise thelegislative power of the state.

Article 59. Composition

The National People's Congress is composed of deputies elected from theprovinces, autonomous regions, municipalities directly under the CentralGovernment, and the special administrative regions, and of deputies elected fromthe armed forces. All the minority nationalities are entitled to appropriaterepresentation.

Election of deputies to the National People's Congress is conducted by theStanding Committee of the National People's Congress.

The number of deputies to the National People's Congress and the procedureof their election are prescribed by law.

Article 60. Term

The National People's Congress is elected for a term of five years.

The Standing Committee of the National People's Congress must ensure thecompletion of election of deputies to the succeeding National People's Congresstwo months prior to the expiration of the term of office of the currentNational People's Congress. Should extraordinary circumstances prevent such anelection, it may be postponed and the term of office of the current NationalPeople's Congress extended by the decision of a vote of more than two-thirds ofall those on the Standing Committee of the current National People's Congress.The election of deputies to the succeeding National People's Congress must becompleted within one year after the termination of such extraordinarycircumstances.

Article 61. Annual session

The National People's Congress meets in session once a year and is convenedby its Standing Committee. A session of the National People's Congress may beconvened at any time the Standing Committee deems it necessary or when morethan one-fifth of the deputies to the National People's Congress sopropose.

When the National People's Congress meets, it elects a Presidium to conductits session.

Article 62. Enumerated powers

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

(1) to amend the Constitution;
(2) to supervise the enforcement of the Constitution;
(3) to enact and amend basic laws governing criminal offenses, civil affairs,the state organs and other matters;
(4) to elect the President and the Vice President of the People's Republic ofChina;
(5) to decide on the choice of the Premier of the State Council upon nominationby the President of the People's Republic of China, and on the choice of theVice Premiers, State Councilors, Ministers in charge of ministries orcommissions, the Auditor General and the Secretary General of the State Councilupon nomination by the Premier;
(6) to elect the Chairman of the Central Military Commission and, upon,nomination by the Chairman, to decide on the choice of all other members of theCentral Military Commission;
(7) to elect the President of the Supreme People's Court;
(8) to elect the Procurator General of the Supreme People's Procuratorate;
(9) to examine and approve the plan for national economic and socialdevelopment and the report on its implementation;
(10) to examine and approve the state budget and the report on itsimplementation;
(11) to alter or annul inappropriate decisions of the Standing Committee of theNational People's Congress;
(12) to approve the establishment of provinces, autonomous regions, andmunicipalities directly under the Central Government;
(13) to decide on the establishment of special administrative regions and thesystems to be instituted there;
(14) to decide on questions of war and peace; and
(15) to exercise such other functions and powers as the highest organ of statepower should exercise.

Article 63. Power of recall

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

(1) the President and Vice President of the People's Republic of China;
(2) the Premier, Vice Premiers, State Councilors, Ministers in charge ofministries or commissions, the Auditor General and the Secretary General of theState Council;
(3) the Chairman of the Central Military Commission and other members of theCommission;
(4) the President of the Supreme People's Court; and
(5) the Procurator General of the Supreme People's Procuratorate.

Article 64. AmendingConstitution

Amendments to the Constitution are to be proposed by the Standing Committeeof the National People's Congress or by more than one-fifth of the deputies ofthe National People's Congress and adopted by a vote of more than two-thirds ofall the deputies to the Congress.

Laws and resolutions are to be adopted by a majority vote of all deputies tothe National People's Congress.

Article 65. Composition of StandingCommittee

The Standing Committee of the National People's Congress is composed of thefollowing:

the Chairman; the Vice Chairmen; the Secretary-General; and the members.

Minority nationalities are entitled to appropriate representation on theStanding Committee of the National People's Congress.

The National People's Congress elects, and has the power to recall, membersof its Standing Committee.

No one on the Standing Committee of the National People's Congress shallhold office in any of the administrative, judicial or procuratorial organs ofthe state.

Article 66. Term of StandingCommittee

The Standing Committee of the National People's Congress is elected for thesame term of the National People's Congress; it shall exercise its functionsand powers until a new Standing Committee is elected by the succeeding NationalPeople's Congress.

The Chairman and Vice Chairman of the Standing Committee shall serve no morethan two consecutive terms.

Article 67. Enumerated powers of StandingCommittee

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

(1) to interpret the Constitution and supervise its enforcement;
(2) to enact and amend laws, with the exception of those which should beenacted by the National People's Congress;
(3) to partially supplement and amend, when the National People's Congress isnot in session, laws enacted by the National People's Congress provided thatthe basic principles of those laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the National People's Congress is not insession, partial adjustments to the plan for national economic and socialdevelopment or to the state budget that prove necessary in the course of theirimplementation;
(6) to supervise the work of the State Council, the Central MilitaryCommission, the Supreme People's Court and the Supreme People'sProcuratorate;
(7) to annul those administrative rules and regulations, decisions or orders ofthe State Council that contravene the Constitution or the law;
(8) to annual those local regulations or decisions of the organs of state powerof provinces, autonomous regions, and municipalities directly under the CentralGovernment that contravene the Constitution, the law or the administrativerules and regulations;
(9) to decide, when the National People's Congress is not in session, on thechoice of Ministers in charge of ministries or commissions, the Auditor Generalor the Secretary General of the State Council upon nomination by the Premier ofthe State Council;
(10) to decide, upon nomination by the Chairman of the Central MilitaryCommission, on the choice of other members of the Commission, when the NationalPeople's Congress is not in session;
(11) to appoint or remove, at the recommendation of the President of theSupreme People's Court, the Vice Presidents and Judges of the Supreme People'sCourt, members of its Judicial Committee and the President of the MilitaryCourt;
(12) to appoint or remove, at the recommendation of the Procurator General ofthe Supreme People's Procuratorate, the Deputy Procurators-General andprocurators of the Supreme People's Procuratorate, members of its ProcuratorialCommittee and the Chief Procurator of the Military Procuratorate, and toapprove the appointment or removal of the chief procurators of the people'sprocuratorates of provinces, autonomous regions, and municipalities directlyunder the Central Government;
(13) to decide on the appointment or recall of plenipotentiary representativesabroad;
(14) to decide on the ratification or abrogation of treaties and importantagreements concluded with foreign states;
(15) to institute systems of titles and ranks for military and diplomaticpersonnel and of other specific titles and ranks;
(16) to institute state medals and titles of honor and decide on theirconferment;
(17) to decide on the granting of special pardons;
(18) to decide, when the National People's Congress is not in session, on theproclamation of the state of war in the event or an armed attack on the countryor in fulfillment of international treaty obligations concerning common defenseagainst aggression;
(19) to decide on general mobilization or partial mobilization;
(20) to decide on entering the state of emergency throughout the country or inparticular provinces, autonomous regions, or municipalities directly under theCentral Government; and
(21) to exercise such other functions and powers as the National People'sCongress may assign to it.

Article 68. Chairman of the StandingCommittee

The Chairman of the Standing Committee of the National People's Congressdirects the work of the Standing Committee and convenes its meeting. The ViceChairmen and the Secretary-General assist the Chairman in his work.

The Chairman, the Vice Chairmen and the Secretary-General constitute theCouncil of Chairmen which handles the important day-to-day work of the StandingCommittee of the National People's Congress.

Article 69. Standing Committee reports toCongress

The Standing Committee of the National People's Congress is responsible tothe National People's Congress and reports on its work to the Congress.

Article 70. Other Committees

The National People's Congress establishes a Nationalities Committee, a LawCommittee, a Finance and Economic Committee, an Education, Science, Culture andPublic Health Committee, a Foreign Affairs Committee, an Overseas ChineseCommittee and such other special committees as are necessary. These specialcommittees work under the direction of the Standing Committee of the NationalPeople's Congress when the Congress is not in session.

The special committees examine, discuss and draw up relevant bills and draftresolutions under the direction of the National People's Congress and itsStanding Committee.

Article 71. Committees ofinquiry

The National People's Congress and its Standing Committee, when they deemnecessary, appoint committees of inquiry into special questions and adoptrelevant resolutions in the light of their reports.

All organs of state, public organizations and citizens concerned are obligedto furnish when necessary information to the committees of inquiry when theyconduct investigations.

Article 72. Right to submitbills

Deputies to the National People's Congress and members of its StandingCommittee have the right, in accordance with the procedures prescribed by law,to submit bills and proposals within the scope of the respective functions andpowers of the National People's Congress and its Standing Committee.

Article 73. Right to question

Deputies to the National People's Congress and members of its StandingCommittee have the right, during the sessions of Congress and the meetings ofthe Committee, to address questions, in accordance with procedures prescribedby law, to the State Council or the ministries and commissions under the StateCouncil, which must answer the questions in a responsible manner.

Article 74. Freedom from arrest

No deputy to the National People's Congress may be arrested or placed oncriminal trial without the consent of the Presidium of the current session ofthe National People's Congress or, when the National People's Congress is notin session, without the consent of its Standing Committee.

Article 75. Immunity of speeches inCongress

Deputies to the National People's Congress may not be held legally liablefor their speeches or votes at its meetings.

Article 76. Duty to upholdConstitution

Deputies to the National People's Congress must play an exemplary role inabiding by the Constitution and the law and keeping state secrets, in publicactivities, production and other work, assist in enforcement of theConstitution and the law.

Deputies to the National People's Congress should maintain close contactwith the unites which elected them and with the people, heed and convey theopinions and demands of the people and work hard to serve them.

Article 77. Recall of deputies

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

Article 78. Organization

The organization and working procedures of the National People's Congressand its Standing Committee are prescribed by law.


§ 2. The President of the People's Republicof China

Article 79. Election,qualifications

The President and the Vice President of the People's Republic of China areelected by the National People's Congress.

Citizens of the People's Republic of China who have the right to vote and tostand for election and who have reached the age of 45 are eligible for electionas President or National People's Congress ice President of the People'sRepublic of China.

The term of office of the President and Vice President of the People'sRepublic of China is the same as that of the National People's Congress, andthey shall serve no more than two consecutive terms.

Article 80. Powers

The President of the People's Republic of China, in pursuance of thedecisions of the National People's Congress and its Standing Committee,promulgates statutes, appoints or removes the Premier, Vice Premiers, StateCouncilors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council, confers state medals andtitles of honor; issues orders of special pardons; proclaims entering of thestate of emergency; proclaims a state of war; and issues mobilizationorders.

Article 81. Duties

The President of the People's Republic of China, on behalf of the People'sRepublic of China, engages in activities involving State affairs and receivesforeign diplomatic representatives and, in pursuance of the decisions of theStanding Committee of the National People's Congress, appoints or recallsplenipotentiary representatives abroad, and ratifies or abrogates treaties andimportant agreements concluded with foreign states.

Article 82. Vice-President

The Vice President of the People's Republic of China assists the Presidentin his work.

The Vice President of the People's Republic of China may exercise suchfunctions and powers of the President and the President may entrust to him.

Article 83. Transition of power

The President and the Vice President of the People's Republic of Chinaexercise their functions and powers until the new President and Vice Presidentelected by the succeeding National People's Congress assume office.

Article 84. Presidentialsuccession

In the event that the office of the President of the People's Republic ofChina falls vacant, the Vice President of the People's Republic of Chinasucceeds to the office of President.

In the event the office of the Vice President of the People's Republic ofChina falls vacant, the National People's Congress shall elect a new VicePresident to fill the vacancy.

In the event that the offices of both the President and the Vice Presidentof the People's Republic of China fall vacant, the National People's Congressshall elect a new President and a new Vice President. Prior to such election,the Chairman of the Standing Committee of the National People's Congress shalltemporarily act as the President of the People's Republic of China.


§ 3. The State Council

Article 85. Executive branch

The State Council, that is, the Central People's Government of the People'sRepublic of China, is the executive body of the highest organ of state power;it is the highest organ of state administration.

Article 86. Composition

The State Council is composed of the following:

the Premier; the Vice Premiers; the State Councilors; the Ministers incharge of ministries; the Ministers in charge of commissions; the AuditorGeneral; and the Secretary General.

The Premier assumes overall responsibility for the work of the State Council. The Ministers assume overall responsibility for the work of the ministries and commissions.

The organization of the State Council is prescribed by law.

Article 87. Term

The term of office of the State Council is the same as that of the NationalPeople's Congress.

Article 88. Duties of Premier

The Premier directs the work of the State Council. The Vice Premiers andState Councilors assist the Premier in his work.

Executive meetings of the State Council are to be attended by the Premier,the Vice Premiers, the State Councilors and the Secretary General of the StateCouncil.

Article 89. Enumerated powers

The State Council exercises the following functions and powers:

(1) to adopt administrative measures, enact administrative rules andregulations and issue decisions and orders in accordance with the Constitutionand the law;
(2) to submit proposals to the National People's Congress or its StandingCommittee;
(3) to formulate the tasks and responsibilities of the ministries andcommissions of the State Council, to exercise unified leadership over the workof the ministries and commissions and direct all other administrative work of anational character that does not fall within the jurisdiction of the ministriesand commissions;
(4) to exercise unified leadership over the work of local organs of stateadministration at various levels throughout the country, and to formulate thedetailed division of functions and powers between the Central Government andthe organs of state administration of provinces, autonomous regions, andmunicipalities directly under the Central Government;
(5) to draw up and implement the plan for national economic and socialdevelopment of the state budget;
(6) to direct and administer economic affairs and urban and ruraldevelopment;
(7) to direct and administer the affairs of education, science, culture, publichealth, physical culture and family planning;
(8) to direct and administer civil affairs, public security, judicialadministration, supervision and other related matters;
(9) to conduct foreign affairs and conclude treaties and agreements withforeign states;
(10) to direct and administer the building of national defense;
(11) to direct and administer affairs concerning the nationalities and tosafeguard the equal rights of minority nationalities and the right to autonomyof the national autonomous areas;
(12) to protect the legitimate rights and interests of Chinese nationalsresiding abroad and protect the lawful rights and interests of returnedoverseas Chinese and of the family members of Chinese nationals residingabroad;
(13) to alter or annul inappropriate orders, directives and regulations issuedby the ministries or commissions;
(14) to alter or annul inappropriate decisions and orders issued by localorgans of state administration at various levels;
(15) to approve the geographic division of provinces, autonomous regions andmunicipalities directly under the Central Government, and to approve theestablishment and geographic division of autonomous prefectures, counties,autonomous counties, and cities;
(16) in accordance with the provisions of law, to decide on entering the stateof emergency in parts of provinces, autonomous regions, and municipalitiesdirectly under the Central Government;
(17) to examine and decide on the size of administrative organs and, inaccordance with the law, to appoint or remove administrative officials, trainthem, appraise their performance and reward or punish them; and
(18) to exercise such other functions and powers as the National People'sCongress or its Standing Committee may assign to it.

Article 90. Ministers

Ministers in charge of the ministries or commissions of the State Councilare responsible for the work of their respective departments and they conveneand preside over ministerial meetings for general and executive meetings of thecommissions to discuss and decide major issues in the work of their respectivedepartments.

The ministries and commissions issues orders, directives and regulationswithin the jurisdiction of their respective departments in accordance with thelaw and the administrative rules and regulations, decisions and orders issuedby the State Council.

Article 91. Auditors

The State Council establishes an auditing body to supervise through auditingthe revenue and expenditure of all departments under the State Council and ofthe local governments at various levels, and the revenue and expenditure of allfinancial and monetary organizations, enterprises and institutions of thestate.

Under the direction of the Premier of the State Council, the auditing bodyindependently exercises its power of supervision through auditing in accordancewith the law, subject to no interference by any other administrative organ ofany public organization or individual.

Article 92. State Council reports toCongress

The State Council is responsible, and reports on its work, to the NationalPeople's Congress or, when the National People's Congress is not in session, toits Standing Committee.


§ 4. The Central MilitaryCommission

Article 93. Function,composition

The Central Military Commission of the People's Republic of China directsthe armed forces of the country.

The Central Military Commission is composed of the following:

the Chairman; the Vice Chairmen; and the members.

The Chairman assumes overall responsibility for the work of the CentralMilitary Commission.

The term of office of the Central Military Commission is the same as that ofthe National People's Congress.

Article 94. Chairman reports toCongress

The Chairman of the Central Military Commission is responsible to theNational People's Congress and its Standing Committee.


§ 5. The Local People's Congresses and theLocal People's Governments at Different Levels

Article 95. Distribution

People's congresses and people's governments are established in provinces,municipalities directly under the Central Government, counties, cities,municipal districts, townships, nationality townships, and towns.

The organization of local people's congresses and local people's governmentsat various levels is prescribed by law.

Organs of self-government are established in autonomous regions, autonomousprefectures and autonomous counties. The organization and working procedures oforgans of self-government are prescribed by law in accordance with the basicprinciples laid down in Sections V and VI of Chapter Three of theConstitution.

Article 96. Composition

Local people's congresses at various levels are local organs of statepower.

Local people's congresses at and above the county level establish standingcommittees.

Article 97. Election ofdeputies

Deputies to the people's congresses of provinces, municipalities directlyunder the Central Government and cities divided into districts are elected bythe people's congresses at the next lower level; deputies to the people'scongresses of counties, cities not divided into districts, municipal districts,townships, nationality townships, and towns are elected directly by theirconstituencies.

The number of deputies to local people's congresses at various levels andthe manner of their election are prescribed by law.

Article 98. Term

The term of office of the local people's congresses at various levels is fiveyears.

Article 99. Duties and powers

Local people's congresses at various levels ensure the observance andimplementation of the Constitution and the law and the administrative rules andregulations in their respective administrative areas. Within the limits oftheir authority as prescribed by law, they adopt and issue regulations andexamine and decide on plans for local economic and cultural development and forthe development of public services.

Local people's congresses at and above the county level shall examine andapprove the plans for economic and social development and the budgets of theirrespective administrative areas and examine and approve the reports on theirimplementation. They have the power to alter or annual inappropriate decisionsof their own standing committees.

The people's congresses of nationality townships may, within the limits oftheir authority as prescribed by law, take specific measures suited to thecharacteristics of the nationalities concerned.

Article 100. Adoption of locallaw

The people's congresses of provinces and municipalities directly under theCentral Government and their standing committees may adopt local regulations,which must not contravene the Constitution and the law and administrative rulesand regulations, and they shall report such local regulations to the StandingCommittee of the National People's Congress for the record.

Article 101. Election and recall ofgovernors

Local people's congresses and their respective levels elect and have thepower to recall governors and deputy governors, or mayors and deputy mayors, orheads deputy heads of counties, districts, townships and towns.

Local people's congresses at and above the county level elect, and have thepower to recall, presidents of people's courts and chief pocurators of people'sprocuratorates at the corresponding level. The election or recall of chiefprocurators of people's procuratorates at the next higher level for submissionto the standing committees of the people's congresses at the correspondinglevel for approval.

Article 102. Deputies subject to electoralsupervision

Deputies to the people's congresses of provinces, municipalities directlyunder the Central Government and cities divided into districts are subject tosupervision by the units which elected them; deputies to the people'scongresses of counties, cities not divided into districts, municipal districts,townships, nationality townships, and towns are subject to supervision by theirconstituencies.

The electoral units and constituencies which elect deputies to localpeople's congresses at various levels have the power to recall the deputiesaccording to procedures prescribed by law.

Article 103. Composition of standingcommittees

The standing committee of the local people's congress at and above thecounty level is composed of a chairman, vice chairmen and members, and isresponsible and reports on its work to the people's congress at thecorresponding level.

A local people's congress at or above the county level elects, and has thepower to recall, members of its standing committee.

No one on the standing committee of a local people's congress at or abovethe county level shall hold office in state administrative, judicial andprocuratorial organs.

Article 104. Duties of standingcommittees

The standing committee of a local people's congress at and above the countylevel discusses and decides on major issues in all fields of work in itsadministrative area; supervises the work of the people's government, people'scourt and people's procuratorate at the corresponding level; annulsinappropriate decisions and orders of the people's government at thecorresponding level; annuls inappropriate resolutions of the people's congressat the next lower level, decides on the appointment or removal of functionariesof state organs within the limits of its authority as prescribed by law; and,when the people's congress at the corresponding level is not in session,recalls individual deputies to the people's congress at the next higher leveland elects individual deputies to fill vacancies in that people's congress.

Article 105. Local governments

Local people's governments at various levels are the executive bodies oflocal organs of state power as well as the local organs of state administrationat the corresponding levels.

Governors, mayors and heads of counties, districts, townships and townsassume overall responsibility for local people's governments at variouslevels.

Article 106. Terms

The term of office of local people's governments at various levels is thesame as that of the people's congresses at the corresponding levels.

Article 107. Powers

Local people's governments at and above the county level, within the limitsof their authority as prescribed by law, conduct administrative work concerningthe economy, education, science, culture, public health, physical culture,urban and rural development, finance, civil affairs, public security,nationalities affairs, judicial administration, supervision and family planningin their respective administrative areas, issue decisions and orders; appointor remove administrative functionaries, train them, appraise their performanceand reward or punish them.

People's governments of townships, nationality townships, and towns executethe resolutions of the people's congress at the corresponding level as well asthe decisions and orders of the state administrative organs at the next higherlevel and conduct administrative work in their respective administrativeareas.

Article 108. Hierarchy ofgovernment

Local people's governments at and above the county level direct the work oftheir subordinate departments and of people's governments at lower levels, andhave the power to alter or annul inappropriate decisions of their subordinatedepartments and of people's governments at lower levels.

Article 109. Auditing

Auditing bodies are established by local people's governments at and abovethe county level. Local auditing bodies at various levels independentlyexercise their power of supervision through auditing in accordance with the lawand are responsible to the people's government at the corresponding level andto the auditing body at the next higher level.

Article 110. Responsibility forreporting

Local people's governments at various levels are responsible and report ontheir work to the state administrative organs at the next higher level. Localpeople's governments at various levels throughout the country are stateadministrative organs under the unified leadership of the State Council and aresubordinate to it.

Article 111. Grass-rootsgovernment

The residents' committees and villagers' committees established among urbanand rural residents on the basis of their place of residence are massorganizations of self-management at the grass roots level. The chairman, vicechairmen and members of each residents' or villagers' committee are elected bythe 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'smediation, public security, public health and other matters in order to managepublic affairs and social services in their areas, mediate civil disputes, helpmaintain public order and convey residents' opinions and demands and makesuggestions to the people's government.


§ 6. The Organs of Self-Government ofNational Autonomous Areas

Article 112. Composition

The organs of self-government of national autonomous areas are the people'scongresses and people's governments of autonomous regions, autonomousprefectures and autonomous counties.

Article 113. Right of nationalities inCongress

In the people's congress of an autonomous region, prefecture or county, inaddition to the deputies of the nationality exercising regional autonomy in theadministrative area, the other nationalities inhabiting the area are alsoentitled to appropriate representation.

Among the chairman and vice chairmen of the standing committee of thepeople's congress of an autonomous region, prefecture or county there shall beone or more citizens of the nationality or nationalities exercising regionalautonomy in the area concerned.

Article 114. Administrative head to be oflocal nationality

The chairman of an autonomous region, the prefect of an autonomousprefecture or the head of an autonomous county shall be a citizen of thenationality exercising regional autonomy in the area concerned.

Article 115. Powers andfunctions

The organs of self-government of autonomous regions, prefectures andcounties exercise the functions and powers of local organs of state asspecified in Section V of Chapter Three of the Constitution. At the same time,they exercise the power of autonomy within the limits of their authority asprescribed by the Constitution, the Law of the People's Republic of China onRegional National Autonomy and other laws and implement the laws and policiesof the state in the light of the existing local situation.

Article 116. Concurrency of regional andnational law

The people's congresses of the national autonomous areas have the power toenact regulations on the exercise of autonomy and other separate regulations inthe light of the political, economic and cultural characteristics of thenationality or nationalities in the areas concerned. The regulations on theexercise of autonomy and other separate regulations of autonomous regions shallbe submitted to the Standing Committee of the National People's Congress forapproval before they go into effect. Those of autonomous prefectures andcounties shall be submitted to the standing committees of the people'scongresses of provinces of autonomous regions for approval before they go intoeffect, and they shall be reported to the Standing Committee of the NationalPeople's Congress for the record.

Article 117. Independence offinance

The organs of self-government of the national autonomous areas have thepower of autonomy in administering the finances of their areas. All revenuesaccruing to the national autonomous areas under the financial system of thestate shall be managed and used by the organs of self-government of those areason their own.

Article 118. Independence of economicplanning

The organs of self-government of the national autonomous areas independentlyarrange for and administer local economic development under the guidance of thestate plans.

In exploiting natural resources and building enterprises in the nationalautonomous areas, the state shall give due consideration to the interests ofthose areas.

Article 119. Independence of art, science,and culture

The organs of self-government of the national autonomous areas independentlyadminister educational, scientific, cultural, public health and physicalculture affairs in their respective areas, protect and sift through thecultural heritage of the nationalities and work for a vigorous development oftheir cultures.

Article 120. Organization of localpolice

The organs of self-government of the national autonomous areas may, inaccordance with the military system of the state and practical local needs andwith the approval of the State Council, organize local public security forcesfor the maintenance of public order.

Article 121. Use of locallanguage

deleted

Article 122. Assistance from thestate

The state provides financial, material and technical assistance to theminority nationalities to accelerate their economic and culturaldevelopment.

The state helps the national autonomous areas train large numbers of cadresat various levels and specialized personnel and skilled workers of variousprofession and trades from among the nationality or nationalities in thoseareas.


§ 7. The People's Courts and the People'sProcuratorates

Article 123. Judicial branch

The people's courts in the People's Republic of China are the judicialorgans of the state.

Article 124. Composition

The People's Republic of China establishes the Supreme People's Court andthe people's courts at various local levels, military courts and other specialpeople's courts.

The term of office of the President of the Supreme People's Court is thesame as that of the National People's Congress. The President shall serve nomore than two consecutive terms.

The organization of the people's courts is prescribed by law.

Article 125. Trial to be public, right todefense

Except in special circumstances as specified by law, all cases in thepeople's courts are heard in public. The accused has the right to defense.

Article 126. Judicialindependence

The people's courts exercise judicial power independently, in accordancewith the provisions of the law, and are not subject to interference by anyadministrative organ, public organization or individual.

Article 127. Supreme People'sCourt

The Supreme People's Court is the highest judicial organ.

The Supreme People's Court supervises the administration of justice by thepeople's courts at various local levels and by the special people's courts.People's courts at higher levels supervise the administration of justice bythose at lower levels.

Article 128. Supreme Court reports toCongress

The Supreme People's Court is responsible to the National People's Congressand its Standing Committee. Local people's courts at various levels areresponsible to the organs of the state power which created them.

Article 129. Procuratoratesdefined

The people's procuratorates of the People's Republic of China are stateorgans for legal supervision.

Article 130. Division ofprocuratorates

The People's Republic of China establishes the Supreme People'sProcuratorate and the people's procuratorates at various levels, militaryprocuratortates and other special people's procuratorates.

The term of office of the Procurator General of the Supreme People'sProcuratorate is the same as that of the National People's Congress; theProcurator General shall serve no more than two consecutive terms.

The organization of the people's procuratorates is prescribed by law.

Article 131. Procuratorialindependence

The people's procuratorates exercise procuratorial power independently, inaccordance with the provisions of the law, and are not subject to interferenceby any administrative organ, public organization or individual.

Article 132. Supreme People'sProcuratorate

The Supreme People's Procuratorate is the highest procuratorial organ.

The Supreme People's Procuratorate directs the work of the people'sprocuratorates at various local levels and of the special people'sprocuratorates at various local levels. People's procuratorates at higherlevels direct the work of those at lower levels.

Article 133. Supreme Procuratorate reportsto Congress

The Supreme People's Procuratorate is responsible to the National People'sCongress and its Standing Committee. People's procuratorates at various levelsare responsible to the organs of state power which created them and to thepeople's procuratorates at higher levels.

Article 134. Right to use nationallanguage

Citizens of all nationalities have the right to use the spoken and writtenlanguages of their own nationalities in court proceedings. The people's courtsand people's procuratorates should provide translation for any party to thecourt proceedings who is not familiar with the spoken or written languagescommonly used in the locality.

In an area where people of a minority nationality live in a concentratedcommunity or where a number of nationalities live together, court hearingsshould be conducted in the language or languages commonly used in the locality;indictments, judgments, notices and other documents should be written,according to actual needs, in the language or languages commonly used in thelocality.

Article 135. Coordination ofefforts

The people's courts, the people's procuratorates and the public securityorgans shall, in handling criminal cases, divide their functions, each takingresponsibility for its own work, and they shall coordinate their efforts andcheck each other to ensure the correct and effective enforcement of thelaw.


CHAPTER IV. The NationalFlag, the National Anthem, the National Emblem and the Capital

Article 136. Flag

The national flag of the People's Republic of China is a red flag with fivestars.

The National Anthem of the People's Republic of China is the March of theVolunteers.

Article 137. Emblem

The national emblem of the People's Republic of China consists of an imageof Tiananmen in its center illuminated by five stars and encircled by ears ofgrain and a cogwheel.

Article 138. Capital

The capital of the People's Republic of China is Beijing.