This English document is coming from "LAWS AND REGULATIONS OFTHE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS"(1991.7)
which is compiled by the Brueau of Legislative Affairs of theState
Council of the People's Republic of China, and is published by theChina
Legal System PublishingHouse.
In case of discrepancy, theoriginal version in Chinese shall prevail.
Whole Document (法规全文)
CONSTITUTION OF THE PEOPLE'SREPUBLIC OF CHINA
(Adopted at theFifth Session of the Fifth National People's
Congress and promulgated forimplementation by the Proclamation of the
National People's Congress onDecember 4, 1982)
Contents
Preamble
Chapter IGeneral Principle
Chapter II The Fundamental Rights and Duties of Citizens
Chapter III TheStructure of the State
Section 1 The National People'sCongress
Section 2 The President of thePeople's Republic of China
Section 3 The StateCouncil
Section 4 The Central MilitaryCommission
Section 5 The Local People'sCongresses and Local People's
Governments at VariousLevels
Section 6 The Organs ofSelf-Government of National
Autonomous Areas Section 7 ThePeople's Courts and the
People's Procuratorates
Chapter IV The National Flag , the National Emblem and the Capital
Preamble
China is a country with one ofthe longest histories in the world. Thepeople of all of China's nationalities havejointly created a culture ofgrandeur and have a glorious revolutionarytradition.After 1840, feudal China was graduallyturned into a semi-colonial andsemi-feudal country. The Chinese people waged many successive heroicstruggles for national independence andliberation and for democracy andfreedom.Great and earthshaking historical changes havetaken place in China in the20th century. The Revolution of 1911, ledby Dr. Sun Yat-sen, abolishedthe feudal monarchy and gave birthto the Republic of China. But thehistoric mission of the Chinese people to overthrow imperialism andfeudalism remained unaccomplished.After waging protracted and arduous struggles,armed and otherwise, alonga zigzag course, the Chinese people of all nationalities led by theCommunist Party of China with Chairman Mao Zedong as its leaderultimately, in 1949, overthrew the rule of imperialism, feudalism andbureaucrat-capitalism, won a great victory in the New-DemocraticRevolution and founded the People'sRepublic of China. Since then theChinese people have taken control of state powerand become masters of thecountry. After the founding of the People's Republic, China graduallyachieved its transition from a New-Democratic toa socialist society. Thesocialist transformation of the private ownership of the means ofproduction has been completed, the system ofexploitation of man by manabolished and the socialist systemestablished. The people's democraticdictatorship led by the working class and basedon the alliance of workersand peasants, which is in essence thedictatorship of the proletariat, hasbeen consolidated and developed. The Chinese people and the ChinesePeople's Liberation Army have defeated imperialist and hegemonistaggression, sabotage and armed provocations andhave thereby safeguardedChina's national independence and security andstrengthened its nationaldefence. Major successes have been achievedin economic development. Anindependent and relatively comprehensivesocialist system of industry hasbasically been established. There has been a marked increase inagricultural production. Significant advances have been made ineducational, scientific and cultural undertakings, while education insocialist ideology has produced noteworthyresults. The life of the peoplehas improved considerably.
Both the victory in China'sNew-Democratic Revolution and the successes inits socialist cause have been achieved by the Chinese people of allnationalities, under the leadership of theCommunist Party of China andthe guidance of Marxism-Leninism and Mao Zedong Thought, by upholdingtruth, correcting errors and surmounting numerous difficulties andhardships. The basic task of the nation in the years to come is toconcentrate its effort on socialistmodernization. Under the leadership ofthe Communist Party of China and the guidance ofMarxism-Leninism and MaoZedong Thought, the Chinese people of allnationalities will continue toadhere to the people's democraticdictatorship and the socialist road,steadily improve socialist institutions, develop socialist democracy,improve the socialist legal system, and workhard and self-reliantly tomodernize the country's industry, agriculture, national defence andscience and technology step by step to turnChina into a socialist countrywith a high level of culture anddemocracy.The exploiting classes as such have beenabolished in our country.However, class struggle will continue to existwithin certain bounds for along time to come. The Chinese people must fightagainst those forces andelements, both at home and abroad, that arehostile to China's socialistsystem and try to undermine it. Taiwan ispart of the sacred territory ofthe People's Republic of China. It is theinviolable duty of all Chinesepeople, including our compatriots in Taiwan, toaccomplish the great taskof reunifying the motherland.
In building socialism it isessential to rely on workers, peasants andintellectuals and to unite all forces thatcan be united. In the longyears of revolution and construction,there has been formed under theleadership of the Communist Party of China abroad patriotic united frontwhich is composed of the democratic parties andpeople's organizations andwhich embraces all socialist working people, all patriots who supportsocialism and all patriots who stand for the reunification of themotherland. This united front will continue to be consolidated anddeveloped. The Chinese People's Political Consultative Conference, abroadly based representative organization of theunited front which hasplayed a significant historical role, willplay a still more importantrole in the country's political and social life,in promoting friendshipwith other countries and in the struggle forsocialist modernization andfor the reunification and unity of thecountry.The People's Republic of China is aunitary multinational state createdjointly by the people of all its nationalities. Socialist relations ofequality, unity and mutualassistance have been established among thenationalities and will continue to bestrengthened. In the struggle tosafeguard the unity of the nationalities, it isnecessary to combat big-nation chauvinism, mainly Han chauvinism,and to combat local nationalchauvinism. The state will do its utmost topromote the common prosperityof all the nationalities. China's achievements in revolution andconstruction are inseparable from the support ofthe people of the world.The future of China is closely linked to thefuture of the world. Chinaconsistently carries out an independent foreignpolicy and adheres to thefive principles of mutual respect for sovereignty and territorialintegrity, mutual non-aggression, non-interference in each other'sinternal affairs, equality and mutual benefit,and peaceful coexistence indeveloping diplomatic relations and economic andcultural exchanges withother countries. China consistentlyopposes imperialism, hegemonism andcolonialism, works to strengthen unity with thepeople of other countries,supports the oppressed nations and thedeveloping countries in their juststruggle to win and preserve national independence and develop theirnational economies, and strives to safeguardworld peace and promote thecause of human progress.This Constitution, in legal form, affirms the achievements of thestruggles of the Chinese people of allnationalities and defines the basicsystem and basic tasks of the state; itis the fundamental law of thestate and has supreme legal authority. Thepeople of all nationalities,all state organs, the armed forces, all political parties and publicorganizations and all enterprises andinstitutions in the country musttake the Constitution as the basic standard ofconduct, and they have theduty to uphold the dignity of the Constitution and ensure itsimplementation.
Chapter I General Principles
Article 1
The People's Republic of Chinais a socialist state under the people'sdemocratic dictatorship led by the working classand based on the allianceof workers and peasants. Thesocialist system is the basic system of thePeople's Republic of China. Disruptionof the socialist system by anyorganization or individual isprohibited.
Article 2
All power in the People'sRepublic of China belongs to the people.The National People's Congress and the local people's congresses atvarious levels are the organsthrough which the people exercise statepower.The people administer state affairs and manage economic, cultural andsocial affairs through various channels and invarious ways in accordancewith the law.
Article 3
The state organs of the People'sRepublic of China apply the principle ofdemocratic centralism.The National People's Congress and the local people's congresses atvarious levels are constituted through democratic elections. They areresponsible to the people and subject to theirsupervision.All administrative, judicial and procuratorialorgans of the state arecreated by the people's congresses to which theyare responsible and bywhich they are supervised. Thedivision of functions and powers betweenthe central and local state organs is guided bythe principle of givingfull scope to the initiative and enthusiasm ofthe local authorities underthe unified leadership of the centralauthorities.
Article 4
All nationalities in thePeople's Republic of China are equal. The stateprotects the lawful rights and interests of theminority nationalities andupholds and develops a relationship of equality, unity and mutualassistance among all of China's nationalities.Discrimination against andoppression of any nationality are prohibited;any act which undermines theunity of the nationalities or instigatesdivision is prohibited.The state assists areas inhabited by minority nationalities inaccelerating their economic and cultural development according to thecharacteristics and needs of the variousminority nationalities.Regional autonomy is practised in areas where people of minoritynationalities live in concentrated communities;in these areas organs ofself-government are established to exercisethe power of autonomy. Allnational autonomous areas are integral parts ofthe People's Republic ofChina.All nationalities have the freedom to use anddevelop their own spoken andwritten languages and to preserve or reform their own folkways andcustoms.
Article 5
The state upholdsthe uniformity and dignity of the socialist legalsystem.No laws or administrative or local rulesand regulations may contravenethe Constitution. All state organs, the armed forces, all politicalparties and public organizations and allenterprises and institutions mustabide by the Constitution and the law. All acts in violation of theConstitution or the law must beinvestigated.No organization or individual is privileged tobe beyond the Constitutionor the law.
Article 6
The basis of the socialisteconomic system of the People's Republic ofChina is socialist public ownership of themeans of production, namely,ownership by the whole people and collective ownership by the workingpeople.The system of socialist public ownership supersedes the system ofexploitation of man by man; it applies the principle of "from eachaccording to his ability, to each according to his work."
Article 7
The state economy is the sectorof socialist economy under ownership bythe whole people; it is the leading forcein the national economy. Thestate ensures the consolidation and growth ofthe state economy.
Article 8
Rural people's communes,agricultural producers cooperatives and otherforms of cooperatives economy, such asproducers', supply and marketing,credit and consumers cooperatives, belong to the sector of socialisteconomy under collective ownership by theworking people. Working peoplewho are members of rural economic collectivehave the right, within thelimits prescribed by law, to farm plots of cropland and hilly landallotted for their private use, engagein household sideline productionand raise privately owned livestock.The various forms of cooperative economy in thecities and towns, such asthose in the handicraft, industrial, building,transport, commercial andservice trades, all belong to the sector of socialist economy undercollective ownership by the workingpeople. The state protects the lawfulrights and interests of the urban and rural economic collective andencourages, guides and helps the growth of thecollective economy.
Article 9
All mineral resources, waters,forests, mountains, grassland, unreclaimedland, beaches and other natural resources areowned by the state, that is,by the whole people, with the exception of the forests, mountains,grasslands, unreclaimed land and beaches thatare owned by collective inaccordance with the law.The state ensures the rational use of naturalresources and protects rareanimals and plants. Appropriation or damaging ofnatural resources by anyorganization or individual by whatever means isprohibited.
Article 10
Land in the cities is owned bythe state.Land in the rural and suburban areas is ownedby collectives except forthose portions which belong to the state inaccordance with the law; housesites and privately farmed plots of cropland andhilly land are also ownedby collectives.The state may, in the public interest,requisition land for its use inaccordance with the law.No organization or individual may appropriate,buy, sell or lease land orotherwise engage in the transfer of land byunlawful means.All organizations and individuals using landmust ensure its rational use.
Article 11
The individual economy of urbanand rural working people, operating withinthe limits prescribed by law, is a complement to the socialist publiceconomy. The state protects the lawful rights and interests of theindividual economy.The state guides, assists and supervises the individual economy byadministrative control.
Article 12
Socialist public property isinviolable.The state protects socialist public property.Appropriation or damaging ofstate or collective property by any organizationor individual by whatevermeans is prohibited.
Article 13
The state protects the right ofcitizens to own lawfully earned income,savings, houses and other lawful property.The state protects according to law the right of citizens to inheritprivate property.
Article 14
The state continuously raises labour productivity, improves economicresults and develops the productive forces byenhancing the enthusiasm ofthe working people, raising the level of their technical skill,disseminating advanced science and technology,improving the systems ofeconomic administration and enterprise operation and management,instituting the socialist system ofresponsibility in various forms andimproving the organization of work.The state practises strict economy and combatswaste.The state properly apportions accumulation and consumption, concernsitself with the interests of the collective andthe individual as well asof the state and, on the basis of expandedproduction, gradually improvesthe material and cultural life of thepeople.
Article 15
The state practises plannedeconomy on the basis of socialist publicownership. It ensures theproportionate and coordinated growth of thenational economy through overall balancing byeconomic planning and thesupplementary role of regulation by the market. Disturbance of thesocioeconomic order or disruption of the state economic plan by anyorganization or individual isprohibited.
Article 16
State enterprises havedecision-making power with regard to operation andmanagement within the limits prescribed bylaw, on condition that theysubmit to unified leadership by the state andfulfil all their obligationsunder the state plan. Stateenterprises practise democratic managementthrough congresses of workers and staff and inother ways in accordancewith the law.
Article 17
Collective economicorganizations have decision-making power in conductingindependent economic activities, on condition that they accept theguidance of the state plan and abide by therelevant laws.Collective economic organizations practise democratic management inaccordance with the law. The entire body of their workers elects orremoves their managerial personnel and decideson major issues concerningoperation and management.
Article 18
The People's Republic of Chinapermits foreign enterprises, other foreigneconomic organizations and individual foreignersto invest in China and toenter into various forms of economic cooperationwith Chinese enterprisesand other Chinese economic organizations inaccordance with the law of thePeople's Republic of China. All foreign enterprises, other foreigneconomic organizations as well asChinese-foreign joint ventures withinChinese territory shall abide by the law of the People's Republic ofChina. Their lawful rights and interests areprotected by the law of thePeople's Republic of China.
Article 19
The state undertakes thedevelopment of socialist education and works toraise the scientific and cultural level of thewhole nation.The state establishes and administers schools of various types,universalizes compulsory primary education and promotes secondary,vocational and higher education as well aspreschool education.The state develops educational facilities inorder to eliminate illiteracyand provide political, scientific, technical andprofessional education aswell as general education for workers, peasants,state functionaries andother working people. It encourages people to become educated throughindependent study.The state encourages the collective economic organizations, stateenterprises and institutions and othersectors of society to establisheducational institutions of various types inaccordance with the law.The state promotes the nationwide use ofPutonghua (common speech based onBeijing pronunciation).
Article 20
The state promotes thedevelopment of the natural and social sciences,disseminates knowledge of science andtechnology, and commends and rewardsachievements in scientific research as wellas technological innovationsand inventions.
Article 21
The state develops medical andhealth services, promotes modern medicineand traditional Chinese medicine, encourages andsupports the setting upof various medical and health facilities by the rural economiccollectives, state enterprises and institutions and neighbourhoodorganizations, and promotes health andsanitation activities of a masscharacter, all for the protection of thepeople's health.The state develops physical culture and promotesmass sports activities toimprove the people's physical fitness.
Article 22
The state promotes thedevelopment of art and literature, the press, radioand television broadcasting, publishing and distribution services,libraries, museums, cultural centres and othercultural undertakings thatserve the people and socialism, and it sponsorsmass cultural activities.The state protects sites of scenic and historical interest, valuablecultural monuments and relics and other significant items of China'shistorical and cultural heritage.
Article 23
The state trains specializedpersonnel in all fields who serve socialism,expands the ranks of intellectuals andcreates conditions to give fullscope to their role in socialistmodernization.
Article 24
The state strengthens thebuilding of a socialist society with an advancedculture and ideology by promoting education in high ideals, ethics,general knowledge, discipline and legality, and by promoting theformulation and observance of rules of conduct and common pledges byvarious sections of the people in urban and rural areas. The stateadvocates the civic virtues of love of themotherland, of the people, oflabour, of science and of socialism. It conducts education among thepeople in patriotism and collectivism, ininternationalism and communismand in dialectical and historical materialism, to combat capitalist,feudal and other decadent ideas.
Article 25
The state promotes familyplanning so that population growth may fit theplans for economic and socialdevelopment.
Article 26
The state protects and improvesthe environment in which people live andthe ecological environment. It prevents andcontrols pollution and otherpublic hazards. The state organizes andencourages afforestation and theprotection of forests.
Article 27
All state organs carry out the principle of simple and efficientadministration, the system of responsibility forwork and the system oftraining functionaries and appraising their performance in orderconstantly to improve the quality of work and efficiency and combatbureaucratism.All state organs and functionaries must rely onthe support of the people,keep in close touch with them, heed theiropinions and suggestions, accepttheir supervision and do their best to servethem.
Article 28
The state maintains publicorder and suppresses treasonable and othercounter-revolutionary activities; itpenalizes criminal activities thatendanger public security and disruptthe socialist economy as well asother criminal activities; and it punishes andreforms criminals.
Article 29
The armed forces of the People'sRepublic of China belong to the people.Their tasks are to strengthen national defence,resist aggression, defendthe motherland, safeguard thepeople's peaceful labour, participate innational reconstruction and do their best toserve the people.The state strengthens the revolutionization, modernization andregularization of the armed forces in order toincrease national defencecapability.
Article 30
The administrative divisionof the People's Republic of China is asfollows:
(1) The country is divided into provinces, autonomous regions andmunicipalities directly under the CentralGovernment;
(2) Provinces and autonomous regions are divided into autonomousprefectures, counties, autonomous counties, andcities;
(3) Counties and autonomous counties are divided into townships,nationality townships, and towns.Municipalities directly under the Central Government and other largecities are divided into districts and counties.Autonomous prefectures aredivided into counties, autonomous counties, andcities.All autonomous regions, autonomous prefecturesand autonomous counties arenational autonomous areas.
Article 31
The state may establish specialadministrative regions when necessary. Thesystems to be instituted in special administrative regions shall beprescribed by law enacted by the NationalPeople's Congress in the lightof specific conditions.
Article 32
The People's Republic of Chinaprotects the lawful rights and interests offoreigners within Chinese territory; foreignerson Chinese territory mustabide by the laws of the People's Republic ofChina.The People's Republic of China may grant asylumto foreigners who requestit for political reasons.
Chapter II The Fundamental Rights and Duties ofCitizens
Article 33
All persons holding thenationality of the People's Republic of China arecitizens of the People's Republic ofChina.All citizens of the People's Republic of Chinaare equal before the law.Every citizen is entitled to the rights and atthe same time must performthe duties prescribed by the Constitution andthe law.
Article 34
All citizens of the People'sRepublic of China who have reached the age of18 have the right to vote and standfor election, regardless of ethnicstatus, race, sex, occupation, family background, religious belief,education, property status or length ofresidence, except persons deprivedof political rights according to law.
Article 35
Citizens of the People'sRepublic of China enjoy freedom of speech, of thepress, of assembly, of association, ofprocession and of demonstration.
Article 36
Citizens of the People'sRepublic of China enjoy freedom of religiousbelief. No state organ,public organization or individual may compelcitizens to believe in, or not to believe in,any religion; nor may theydiscriminate against citizens who believe in, ordo not believe in, anyreligion.The state protects normal religious activities.No one may make use ofreligion to engage in activities thatdisrupt public order, impair thehealth of citizens or interfere with theeducational system of the state.Religious bodies and religious affairsare not subject to any foreigndomination.
Article 37
Freedom of the person ofcitizens of the People's Republic of China isinviolable. No citizen may be arrestedexcept with the approval or bydecision of a people's procuratorate or bydecision of a people's court,and arrests must be made by a public securityorgan.Unlawful detention or deprivation or restrictionof citizens freedom ofthe person by other means is prohibited, andunlawful search of the personof citizens is prohibited.
Article 38
The personal dignity of citizensof the People's Republic of China isinviolable. Insult, libel, false accusation or false incriminationdirected against citizens by any means isprohibited.
Article 39
The residences of citizens of the People's Republic of China areinviolable. Unlawful search of, or intrusioninto, a citizen's residenceis prohibited.
Article 40
Freedom and privacy ofcorrespondence of citizens of the People's Republicof China are protected by law. No organizationor individual may, on anyground, infringe upon citizens freedom and privacy of correspondence,except in cases where, to meet the needs ofstate security or of criminalinvestigation, public security or procuratorialorgans are permitted tocensor correspondence in accordance withprocedures prescribed by law.
Article 41
Citizens of the People'sRepublic of China have the right to criticize andmake suggestions regarding any state organ orfunctionary. Citizens havethe right to make to relevant state organscomplaints or charges against,or exposures of, any state organ or functionaryfor violation of the lawor dereliction of duty; but fabrication or distortion of facts forpurposes of libel or false incrimination isprohibited.The state organ concerned must deal withcomplaints, charges or exposuresmade by citizens in a responsible manner afterascertaining the facts. Noone may suppress such complaints, charges and exposures or retaliateagainst the citizens making them. Citizenswho have suffered losses as aresult of infringement of their civic rights by any state organ orfunctionary have the right to compensation inaccordance with the law.
Article 42
Citizens of the People'sRepublic of China have the right as well as theduty to work. Through various channels,the state creates conditions foremployment, enhances occupational safety and health, improves workingconditions and, on the basis of expanded production, increasesremuneration for work and welfarebenefits. Work is a matter of honourfor every citizen who is able to work. All working people in stateenterprises and in urban and ruraleconomic collectives should approachtheir work as the masters of the country thatthey are. The state promotessocialist labour emulation, and commends andrewards model and advancedworkers. The state encourages citizens to takepart in voluntary labour.The state provides necessary vocational trainingfor citizens before theyare employed.
Article 43
Working people in the People'sRepublic of China have the right to rest.The state expands facilities for the rest andrecuperation of the workingpeople and prescribes working hours andvacations for workers and staff.
Article 44
The state applies thesystem of retirement for workers and staff ofenterprises and institutions and for functionaries of organs of stateaccording to law. The livelihood of retiredpersonnel is ensured by thestate and society.
Article 45
Citizens of the People'sRepublic of China have the right to materialassistance from the state and society when theyare old, ill or disabled.The state develops social insurance, socialrelief and medical and healthservices that are required for citizens to enjoythis right.The state and society ensure the livelihoodof disabled members of thearmed forces, provide pensions to the families of martyrs and givepreferential treatment to the families ofmilitary personnel.The state and society help make arrangements forthe work, livelihood andeducation of the blind, deaf-mutes and otherhandicapped citizens.
Article 46
Citizens of the People'sRepublic of China have the duty as well as theright to receive education.The state promotes the all-round development ofchildren and young people,morally, intellectually andphysically.
Article 47
Citizens of the People'sRepublic of China have the freedom to engage inscientific research, literary andartistic creation and other culturalpursuits. The state encourages and assistscreative endeavors conducive tothe interests of the people that are made by citizens engaged ineducation, science, technology, literature, artand other cultural work.
Article 48
Women in the People's Republicof China enjoy equal rights with men in allspheres of life, in political, economic,cultural, social and family life.The state protects the rights and interests of women, applies theprinciple of equal pay for equal work to men andwomen alike and trainsand selects cadres from among women.
Article 49
Marriage, the family and motherand child are protected by the state.Both husband and wife have the duty to practisefamily planning.Parents have the duty to rear and educate theirchildren who are minors,and children who have come of age havethe duty to support and assisttheir parents. Violation of the freedom ofmarriage is prohibited.Maltreatment of old people, women and childrenis prohibited.
Article 50
The People's Republic of China protects the legitimate rights andinterests of Chinese nationals residingabroad and protects the lawfulrights and interests of returned overseas Chinese and of the familymembers of Chinese nationals residingabroad.
Article 51
Citizens of the People'sRepublic of China, in exercising their freedomsand rights, may not infringe upon the interestsof the state, of societyor of the collective, or upon thelawful freedoms and rights of othercitizens.
Article 52
It is the duty of citizens ofthe People's Republic of China to safeguardthe unification of the country and the unity ofall its nationalities.
Article 53
Citizens of the People'sRepublic of China must abide by the Constitutionand the law, keep state secrets, protect publicproperty, observe labourdiscipline and public order and respect socialethics.
Article 54
It is the duty of citizens ofthe People's Republic of China to safeguardthe security, honour and interests of themotherland; they must not commitacts detrimental to the security, honour andinterests of the motherland.
Article 55
It is the sacred duty of everycitizen of the People's Republic of Chinato defend the motherland and resistaggression.It is the honorable duty of citizens of thePeople's Republic of China toperform military service and join the militia inaccordance with the law.
Article 56
It is duty of citizens of thePeople's Republic of China to pay taxes inaccordance with the law.
Chapter III The Structure of the State
Section 1 The National People'sCongress
Article 57
The National People's Congressof the People's Republic of China is thehighest organ of state power. Its permanent bodyis the Standing Committeeof the National People's Congress.
Article 58
The National People's Congressand its Standing Committee exercise thelegislative power of the state.
Article 59
The National People's Congressis composed of deputies elected from theprovinces, autonomous regions and municipalities directly under theCentral Government and of deputies elected fromthe armed forces. All theminority nationalities are entitled toappropriate representation.Election of deputies to the National People'sCongress is conducted by theStanding Committee of the National People'sCongress.The number of deputies to the National People'sCongress and the procedureof their election are prescribed bylaw.
Article 60
The National People's Congressis elected for a term of five years.The Standing Committee of the National People'sCongress must ensure thecompletion of election of deputiesto the succeeding National People'sCongress two months prior to the expiration ofthe term of office of thecurrent National People's Congress. Should extraordinary circumstancesprevent such an election, it may be postponedand the term of office ofthe current National People's Congress extendedby the decision of a voteof more than two-thirds of all thoseon the Standing Committee of thecurrent National People's Congress. The election of deputies to thesucceeding National People's Congress must becompleted within one yearafter the termination of such extraordinarycircumstances.
Article 61
The National People'sCongress meets in session once a year and isconvened by its Standing Committee. Asession of the National People'sCongress may be convened at any time the Standing Committee deems itnecessary or when more than one-fifthof the deputies to the NationalPeople's Congress so propose.When the National People's Congress meets, it elects a Presidium toconduct its session.
Article 62
The NationalPeople's Congress exercises the following functions andpowers:
(1) to amend theConstitution;
(2) to supervise the enforcementof the Constitution;
(3) to enact andamend basic laws governing criminal offences, civilaffairs, the state organs and othermatters;
(4) to elect the President andthe Vice-President of the People's Republicof China;
(5) to decide on the choice ofthe Premier of the State Council uponnomination by the President of the People'sRepublic of China, and on thechoice of the Vice-Premiers, StateCouncillors, Ministers in charge ofministries or commissions, the Auditor-Generaland the Secretary-Generalof the State Council upon nomination by thePremier;
(6) to elect the Chairman of theCentral Military Commission and, uponnomination by the Chairman, to decide on thechoice of all other membersof the Central Military Commission;
(7) to elect the President ofthe Supreme People's Court;
(8) to elect theProcurator-General of the Supreme People's Procuratorate;
(9) to examine and approvethe plan for national economic and socialdevelopment and the report on itsimplementation;
(10) to examine andapprove the state budget and the report on itsimplementation;
(11) to alter or annulinappropriate decisions of the Standing Committeeof the National People's Congress;
(12) to approve theestablishment of provinces, autonomous regions, andmunicipalities directly under the CentralGovernment;
(13) to decide on theestablishment of special administrative regions andthe systems to be instituted there;
(14) to decide on questions ofwar and peace; and
(15) to exercise such otherfunctions and powers as the highest organ ofstate power should exercise.
Article 63
The National People's Congresshas the power to remove from office thefollowing persons:
(1) the President andthe Vice-President of the People's Republic ofChina;
(2) the Premier, Vice-Premiers,State Councillors, Ministers in charge ofministries or commissions, the Auditor-Generaland the Secretary-Generalof the State Council;
(3) the Chairman of the CentralMilitary Commission and other members ofthe Commission;
(4) the President of the SupremePeople's Court; and
(5) the Procurator-General ofthe Supreme People's Procuratorate.Article 64Amendments to the Constitution are to be proposed by the StandingCommittee of the National People's Congress orby more than one-fifth ofthe deputies to the National People's Congressand adopted by a vote ofmore than two-thirds of all the deputies to theCongress.Laws and resolutions are to be adoptedby a majority vote of all thedeputies to the National People'sCongress.
Article 65
The Standing Committee of theNational People's Congress is composed ofthe following: the Chairman;the Vice-Chairmen;the Secretary-General; andthe members.Minority nationalities are entitled toappropriate representation on theStanding Committee of the National People'sCongress.The National People's Congress elects, and has the power to recall,members of its Standing Committee.No one on the Standing Committee of the NationalPeople's Congress shallhold office in any of the administrative,judicial or procuratorial organsof the state.
Article 66
The Standing Committee of theNational People's Congress is elected forthe same term as the National People'sCongress; it shall exercise itsfunctions and powers until a newStanding Committee is elected by thesucceeding National People'sCongress. The Chairman and Vice-Chairmen ofthe Standing Committee shall serve no more thantwo consecutive terms.
Article 67
The Standing Committee of theNational People's Congress exercises thefollowing functions and powers:
(1) to interpret theConstitution and supervise its enforcement;
(2) to enact and amend laws,with the exception of those which should beenacted by the National People'sCongress;
(3) to partially supplement andamend, when the National People's Congressis not in session, laws enacted by the NationalPeople's Congress providedthat the basic principles of these laws are notcontravened;
(4) to interpret laws;
(5) to review and approve, whenthe National People's Congress is not insession, partial adjustments to the plan fornational economic and socialdevelopment or to the state budget that provenecessary in the course oftheir implementation;
(6) to supervise the workof the State Council, the Central MilitaryCommission, the Supreme People's Court and the Supreme People'sProcuratorate;
(7) to annul thoseadministrative rules and regulations, decisions ororders of the State Council that contravene theConstitution or the law;
(8) to annul those localregulations or decisions of the organs of statepower of provinces, autonomous regions, andmunicipalities directly underthe Central Government that contravene theConstitution, the law or theadministrative rules and regulations;
(9) to decide, when the NationalPeople's Congress is not in session, onthe choice of Ministers in charge of ministries or commissions, theAuditor-General or the Secretary-General of the State Council uponnomination by the Premier of the StateCouncil;
(10) to decide, upon nominationby the Chairman of the Central MilitaryCommission, on the choice of other membersof the Commission, when theNational People's Congress is not insession;
(11) to appoint or remove, atthe recommendation of the President of theSupreme People's Court, theVice-Presidents and Judges of the SupremePeople's Court, members of its JudicialCommittee and the President of theMilitary Court;
(12) to appoint or remove, atthe recommendation of the Procurator-Generalof the Supreme People's Procuratorate, theDeputy Procurators-General andprocurators of the Supreme People's Procuratorate, members of itsProcuratorial Committee and the Chief Procurator of the MilitaryProcuratorate, and to approve theappointment or removal of the chiefprocurators of the people's procuratorates of provinces, autonomousregions, and municipalities directly under theCentral Government;
(13) to decide on the appointment or recall of plenipotentiaryrepresentatives abroad;
(14) to decide on theratification or abrogation of treaties and importantagreements concluded with foreignstates;
(15) to institute systems oftitles and ranks for military and diplomaticpersonnel and of other specific titles andranks;
(16) to institute state medalsand titles of honour and decide on theirconferment;
(17) to decide on the grantingof special pardons;
(18) to decide, when theNational People's Congress is not in session, onthe proclamation of a state of war in the eventof an armed attack on thecountry or in fulfillment of internationaltreaty obligations concerningcommon defence against aggression;
(19) to decide on generalmobilization or partial mobilization;
(20) to decide on the impositionof martial law throughout the country orin particular provinces, autonomousregions, or municipalities directlyunder the Central Government; and
(21) to exercise such otherfunctions and powers as the National People'sCongress may assign to it.
Article 68
The Chairman of the StandingCommittee of the National People's Congressdirects the work of the Standing Committee andconvenes its meetings. TheVice-Chairmen and the Secretary-General assistthe Chairman in his work.The Chairman, the Vice-Chairmen and theSecretary-General constitute theCouncil of Chairmen which handles theimportant day-to-day work of theStanding Committee of the National People'sCongress.
Article 69
The Standing Committee of theNational People's Congress is responsible tothe National People's Congress and reports onits work to the Congress.
Article 70
The National People's Congressestablishes a Nationalities Committee, aLaw Committee, a Finance and EconomicCommittee, an Education, Science,Culture and Public Health Committee, a Foreign Affairs Committee, anOverseas Chinese Committee and such other special committees as arenecessary. These special committees work under the direction of theStanding Committee of the National People'sCongress when the Congress isnot in session.The special committees examine, discuss anddraw up relevant bills anddraft resolutions under the direction ofthe National People's Congressand its Standing Committee.
Article 71
The National People's Congressand its Standing Committee may, when theydeem it necessary, appoint committees of inquiryinto specific questionsand adopt relevant resolutions in the light oftheir reports. All organsof state, public organizations and citizens concerned are obliged tofurnish necessary information to the committees of inquiry when theyconduct investigations.
Article 72
Deputies to the NationalPeople's Congress and members of its StandingCommittee have the right, in accordance withprocedures prescribed by law,to submit bills and proposals within the scopeof the respective functionsand powers of the National People's Congress andits Standing Committee.
Article 73
Deputies to the NationalPeople's Congress and members of the StandingCommittee have the right, during thesessions of the Congress and themeetings of the Committee, to address questions, in accordance withprocedures prescribed by law, to the StateCouncil or the ministries andcommissions under the State Council, which mustanswer the questions in aresponsible manner.
Article 74
No deputy to the NationalPeople's Congress may be arrested or placed oncriminal trial without the consent of thePresidium of the current sessionof the National People's Congress or, when theNational People's Congressis not in session, without the consent of itsStanding Committee.
Article 75
Deputies to the NationalPeople's Congress may not be held legally liablefor their speeches or votes at itsmeetings.
Article 76
Deputies to the NationalPeople's Congress must play an exemplary role inabiding by the Constitution and the law andkeeping state secrets and, inpublic activities, production and other work,assist in the enforcement ofthe Constitution and the law. Deputiesto the National People's Congressshould maintain close contact with the unitswhich elected them and withthe people, heed and convey the opinions anddemands of the people andwork hard to serve them.
Article 77
Deputies to the NationalPeople's Congress are subject to supervision bythe units which elected them. The electoralunits have the power, throughprocedures prescribed by law, to recall deputiesthey elected.
Article 78
The organization and workingprocedures of the National People's Congressand its Standing Committee are prescribed bylaw.Section 2 The President of the People's Republic of China
Article 79
The President and Vice-Presidentof the People's Republic of China areelected by the National People's Congress.Citizens of the People's Republic of China whohave the right to vote andto stand for election and who have reached theage of 45 are eligible forelection as President or Vice-President of thePeople's Republic of China.The term of office of the Presidentand Vice-President of the People'sRepublic of China is the same as that of theNational People's Congress,and they shall serve no more than twoconsecutive terms.
Article 80
The President of the People'sRepublic of China, in pursuance of thedecisions of the National People's Congressand its Standing Committee,promulgates statutes, appoints or removes the Premier, Vice-Premiers,State Councillors, Ministers in charge ofministries or commissions, theAuditor-General and the Secretary-General ofthe State Council; confersstate medals and titles of honour; issues ordersof special pardons;proclaims martial law; proclaims a state of war;and issues mobilizationorders.
Article 81
The President of the People's Republic of China receives foreigndiplomatic representatives on behalf ofthe People's Republic of Chinaand, in pursuance of the decisions of the Standing Committee of theNational People's Congress, appoints or recalls plenipotentiaryrepresentatives abroad, and ratifies orabrogates treaties and importantagreements concluded with foreignstates.
Article 82
The Vice-President of thePeople's Republic of China assists the Presidentin his work. The Vice-President of thePeople's Republic of China mayexercise such functions and powers of thePresident as the President mayentrust to him.
Article 83
The President and Vice-President of the People's Republic of Chinaexercise their functions and powersuntil the new President and Vice-President elected by the succeeding National People's Congress assumeoffice.
Article 84
In the event that the office ofthe President of the People's Republic ofChina falls vacant, theVice-President succeeds to the office of thePresident.In the event that the office of the Vice-President of the People'sRepublic of China falls vacant, the NationalPeople's Congress shall electa new Vice-President to fill the vacancy. In theevent that the office ofboth the President and theVice-President of the People's Republic ofChina fall vacant, the National People's Congress shall elect a newPresident and a new Vice-President. Prior tosuch election, the Chairmanof the Standing Committee of the National People's Congress shalltemporarily act as the President of the People'sRepublic of China.Section 3 The State Council
Article 85
The State Council,that is, the Central People's Government, of thePeople's Republic of China is the executive bodyof the highest organ ofstate power; it is the highest organ of stateadministration.
Article 86The State Council is composed of thefollowing:the Premier;the Vice-Premiers;the State Councillors;the Ministers in charge of ministries;the Ministers in charge of commissions;the Auditor-General; andthe Secretary-General.The Premier assumes overallresponsibility for the work of the StateCouncil. The Ministers assume overallresponsibility for the work of theministries and commissions. Theorganization of the State Council isprescribed by law.
Article 87
The term of office of theState Council is the same as that of theNational People's Congress.The Premier, Vice-Premiers and State Councillorsshall serve no more thantwo consecutive terms.
Article 88
The Premier directs the work ofthe State Council. The Vice-Premiers andState Councillors assist the Premier in hiswork.Executive meetings of the State Council are tobe attended by the Premier,the Vice-Premiers, the State Councillors and theSecretary-General of theState Council. The Premier convenes and presides over the executivemeetings and plenary meetings of the StateCouncil.
Article 89
The State Council exercises thefollowing functions and powers:
(1) to adopt administrative measures, enact administrative rules andregulations and issue decisions and orders in accordance with theConstitution and the law;
(2) to submit proposals to theNational People's Congress or its StandingCommittee;
(3) to formulate the tasksand responsibilities of the ministries andcommissions of the State Council, to exerciseunified leadership over thework of the ministries and commissions and to direct all otheradministrative work of a national character thatdoes not fall within thejurisdiction of the ministries andcommissions;
(4) to exercise unifiedleadership over the work of local organs of stateadministration at various levels throughout thecountry, and to formulatethe detailed division of functions and powers between the CentralGovernment and the organs of stateadministration of provinces, autonomousregions, and municipalities directly under theCentral Government;
(5) to draw up and implement theplan for national economic and socialdevelopment and the state budget;
(6) to direct and administer economic affairs and urban and ruraldevelopment;
(7) to direct and administer theaffairs of education, science, culture,public health, physical culture and familyplanning;
(8) to direct andadminister civil affairs, public security, judicialadministration, supervision and other relatedmatters;
(9) to conduct foreign affairsand conclude treaties and agreements withforeign states;
(10) to direct and administerthe building of national defence;
(11) to direct and administeraffairs concerning the nationalities and tosafeguard the equal rights ofminority nationalities and the right toautonomy of the national autonomousareas;
(12) to protect the legitimaterights and interests of Chinese nationalsresiding abroad and protect the lawful rightsand interests of returnedoverseas Chinese and of the family members ofChinese nationals residingabroad;
(13) to alter or annulinappropriate orders, directives and regulationsissued by the ministries orcommissions;
(14) to alter or annulinappropriate decisions and orders issued by localorgans of state administration at variouslevels;
(15) to approve the geographicdivision of provinces, autonomous regionsand municipalities directly under the CentralGovernment, and to approvethe establishment and geographic division of autonomous prefectures,counties, autonomous counties, andcities;
(16) to decide on the impositionof martial law in parts of provinces,autonomous regions, and municipalities directly under the CentralGovernment;
(17) to examine and decide onthe size of administrative organs and, inaccordance with the law, to appointor remove administrative officials,train them, appraise their performance andreward or punish them; and
(18) to exercise such otherfunctions and powers as the National People'sCongress or its Standing Committee may assign toit.
Article 90
Ministers in charge of theministries or commissions of the State Councilare responsible for the work of their respective departments and theyconvene and preside over ministerialmeetings or general and executivemeetings of the commissions to discuss anddecide on major issues in thework of their respective departments. The ministries and commissionsissue orders, directives and regulations withinthe jurisdiction of theirrespective departments and in accordance with the law and theadministrative rules and regulations, decisionsand orders issued by theState Council.
Article 91
The State Council establishes an auditing body to supervise throughauditing the revenue and expenditure of alldepartments under the StateCouncil and of the local governments at variouslevels, and the revenueand expenditure of all financial andmonetary organizations, enterprisesand institutions of the state.Under the direction of the Premier of the StateCouncil, the auditing bodyindependently exercises its power of supervision through auditing inaccordance with the law, subject to no interference by any otheradministrative organ or any public organizationor individual.
Article 92
The State Council is responsibleand reports on its work to the NationalPeople's Congress or, when the National People's Congress is not insession, to its Standing Committee.Section 4 The Central MilitaryCommission
Article 93
The Central Military Commissionof the People's Republic of China directsthe armed forces of the country.The Central Military Commission is composed ofthe following:the Chairman;the Vice-Chairmen; andthe members.The Chairman assumes overall responsibility forthe work of the CentralMilitary Commission.The term of office of the Central MilitaryCommission is the same as thatof the National People's Congress.
Article 94
The Chairman of the CentralMilitary Commission is responsible to theNational People's Congress and its StandingCommittee.Section 5 The Local People's Congresses andLocal People's Governments atVarious Levels
Article 95
People's congresses and people'sgovernments are established in provinces,municipalities directly under theCentral Government, counties, cities,municipal districts, townships, nationalitytownships, and towns.The organization of local people's congresses and local people'sgovernments at various levels is prescribed bylaw.Organs of self-government are established in autonomous regions,autonomous prefectures and autonomous counties. The organization andworking procedures of organs of self-governmentare prescribed by law inaccordance with the basic principles laid downin Sections 5 and 6 of
Chapter III of the Constitution.
Article 96
Local people's congresses atvarious levels are local organs of statepower. Local people's congressesat and above the county level establishstanding committees.
Article 97
Deputies to the people'scongresses of provinces, municipalities directlyunder the Central Government and cities dividedinto districts are electedby the people's congresses at the next lower level; deputies to thepeople's congresses of counties, cities not divided into districts,municipal districts, townships, nationality townships, and towns areelected directly by their constituencies.The number of deputies to local people'scongresses at various levels andthe manner of their election are prescribed bylaw.
Article 98
The term of office of thepeople's congresses of provinces, municipalitiesdirectly under the Central Government and citiesdivided into districts isfive years. The term of office ofthe people's congresses of counties,cities not divided into districts, municipal districts, townships,nationality townships, and towns is threeyears.
Article 99
Local people's congresses atvarious levels ensure the observance andimplementation of the Constitutionand the law and the administrativerules and regulations in their respectiveadministrative areas. Within thelimits of their authority asprescribed by law, they adopt and issueresolutions and examine and decide on plans for local economic andcultural development and for the developmentof public services. Localpeople's congresses at and above the county level shall examine andapprove the plans for economic and socialdevelopment and the budgets oftheir respective administrative areas andexamine and approve the reportson their implementation. They have the power to alter or annulinappropriate decisions of their own standing committees. The people'scongresses of nationality townships may, within the limits of theirauthority as prescribed by law, take specific measures suited to thecharacteristics of the nationalitiesconcerned.
Article 100
The people's congresses ofprovinces and municipalities directly under theCentral Government and their standing committees may adopt localregulations, which must not contravene theConstitution and the law andadministrative rules and regulations, andthey shall report such localregulations to the Standing Committee ofthe National People's Congressfor the record.
Article 101
Local people's congresses attheir respective levels elect and have thepower to recall governors and deputy governors, or mayors and deputymayors, or heads and deputy heads ofcounties, districts, townships andtowns.Local people's congresses at and above thecounty level elect, and havethe power to recall, presidents of people'scourts and chief procuratorsof people's procuratorates at thecorresponding level. The election orrecall of chief procurators of people'sprocuratorates shall be reportedto the chief procurators of the people'sprocuratorates at the next higherlevel for submission to the standing committeesof the people's congressesat the corresponding level forapproval.
Article 102
Deputies to the people'scongresses of provinces, municipalities directlyunder the Central Government and cities dividedinto districts are subjectto supervision by the units which elected them;deputies to the people'scongresses of counties, cities not divided into districts, municipaldistricts, townships, nationalitytownships, and towns are subject tosupervision by their constituencies.The electoral units and constituencies which elect deputies to localpeople's congresses at various levels have the power to recall thedeputies according to procedures prescribed bylaw.
Article 103
The standing committee of alocal 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 countylevel elects, and has thepower to recall, members of its standingcommittee.No one on the standing committee of a localpeople's congress at or abovethe county level shall hold office in stateadministrative, judicial andprocuratorial organs.
Article 104
The standing committee of alocal people's congress at or above the countylevel discusses and decides on major issues inall fields of work in itsadministrative area; supervises the work of the people's government,people's court and people's procuratorate at thecorresponding level;annuls inappropriate decisions and orders ofthe people's government atthe corresponding level; annuls inappropriateresolutions of the people'scongress at the next lower level; decides on theappointment or removal offunctionaries of state organs within the limits of its authority asprescribed by law; and, when the people'scongress at the correspondinglevel is not in session, recalls individual deputies to the people'scongress at the next higher level and electsindividual deputies to fillvacancies in that people's congress.
Article 105
Local people's governments atvarious levels are the executive bodies oflocal organs of state power as well as the local organs of stateadministration at the correspondinglevels.Governors, mayors and heads of counties,districts, townships and townsassume overall responsibility for localpeople's governments at variouslevels.
Article 106
The term of office of localpeople's governments at various levels is thesame as that of the people's congresses at thecorresponding levels.
Article 107
Local people's governments atand above the county level, within thelimits of their authority asprescribed by law, conduct administrativework concerning the economy, education, science,culture, public health,physical culture, urban and rural development, finance, civil affairs,public security, nationalities affairs, judicial administration,supervision and family planning in theirrespective administrative areas;issue decisions and orders; appoint or remove administrativefunctionaries, train them, appraise theirperformance and reward or punishthem.People's governments of townships, nationality townships, and townsexecute the resolutions of the people'scongresses at the correspondinglevels as well as the decisions andorders of the state administrativeorgans at the next higher level and conductadministrative work in theirrespective administrative areas. People'sgovernments of provinces andmunicipalities directly under the Central Government decide on theestablishment and geographic division oftownships, nationality townships,and towns.
Article 108
Local people's governments atand above the county level direct the workof their subordinate departments and of people's governments at lowerlevels, and have the power to alter orannul inappropriate decisions oftheir subordinate departments and ofthe people's governments at lowerlevels.
Article 109
Auditing bodies are establishedby local people's governments at and abovethe county level. Local auditing bodiesat various levels independentlyexercise their power of supervision throughauditing in accordance withthe law and are responsible to the people's government at thecorresponding level and to the auditing body atthe next higher level.
Article 110
Local people's governments atvarious levels are responsible and report ontheir work to people's congresses at the corresponding levels. Localpeople's governments at and above thecounty level are responsible andreport on their work to the standing committeesof the people's congressesat the corresponding levels when the congressesare not in session.Local people's governments at various levels areresponsible and report ontheir work to the state administrative organs atthe next higher level.Local people's governments at various levels throughout the country arestate administrative organs underthe unified leadership of the StateCouncil and are subordinate to it.
Article 111
The residents committees andvillagers committees established among urbanand rural residents on the basis oftheir place of residence are massorganizations of self-management at thegrass-roots level. The chairman,vice-chairmen and members of eachresidents or villagers committee areelected by the residents. The relationship between the residents andvillagers committees and the grass-roots organs of state power isprescribed by law.The residents and villagers committees establish sub-committees forpeople's mediation, public security, publichealth and other matters inorder to manage public affairs and socialservices in their areas, mediatecivil disputes, help maintain public order andconvey residents opinionsand demands and make suggestions to the people'sgovernment.Section 6 The Organs of Self-Government of National Autonomous Areas
Article 112
The organs of self-government of national autonomous areas are thepeople's congresses and people's governments of autonomous regions,autonomous prefectures and autonomouscounties.
Article 113
In the people's congress of anautonomous region, autonomous prefecture orautonomous county, in addition to the deputies of the nationalityexercising regional autonomy in the administrative area, the othernationalities inhabiting the area are also entitled to appropriaterepresentation.Among the chairman and vice-chairmenof the standing committee of thepeople's congress of an autonomous region, autonomous prefecture orautonomous county there shall be one or morecitizens of the nationalityor nationalities exercising regional autonomy inthe area concerned.
Article 114
The chairman of an autonomous region, the prefect of an autonomousprefecture or the head of an autonomous countyshall be a citizen of thenationality exercising regional autonomy in thearea concerned.
Article 115
The organs of self-government of autonomous regions, autonomousprefectures and autonomous counties exercise thefunctions and powers oflocal organs of state as specified in Section5 of Chapter III of theConstitution. At the same time, they exercisethe power of autonomy withinthe limits of their authority as prescribed bythe Constitution, the Lawof the People's Republic of China on RegionalNational Autonomy and otherlaws and implement the laws and policies of thestate in the light of theexisting local situation.
Article 116
The people's congresses ofnational autonomous areas have the power toenact regulations on the exercise of autonomy and other separateregulations in the light of the political, economic and culturalcharacteristics of the nationality or nationalities in the areasconcerned. The regulations on the exercise ofautonomy and other separateregulations of autonomous regions shall be submitted to the StandingCommittee of the National People's Congress forapproval before they gointo effect. Those of autonomous prefectures and counties shall besubmitted to the standing committee of the people's congresses ofprovinces or autonomous regions for approvalbefore they go into effect,and they shall be reported to the Standing Committee of the NationalPeople's Congress for the record.
Article 117
The organs of self-government ofthe national autonomous areas have thepower of autonomy in administering the finances of their areas. Allrevenues accruing to the nationalautonomous areas under the financialsystem of the state shall be managedand used by the organs of self-government of those areas on theirown.
Article 118
The organs of self-government of the national autonomous areasindependently arrange for and administer localeconomic development underthe guidance of state plans. In exploitingnatural resources and buildingenterprises in the national autonomous areas,the state shall give dueconsideration to the interests of thoseareas.
Article 119
The organs of self-government of the national autonomous areasindependently administer educational,scientific, cultural, public healthand physical culture affairs in their respectiveareas, protect and siftthrough the cultural heritage of thenationalities and work for a vigorousdevelopment of their cultures.
Article 120
The organs of self-government ofthe national autonomous areas may, inaccordance with the military system of the stateand practical local needsand with the approval of the State Council,organize local public securityforces for the maintenance of publicorder.
Article 121
In performing their functions, the organs of self-government of thenational autonomous areas, in accordance with the regulations on theexercise of autonomy in those areas, employ the spoken and writtenlanguage or languages in common use in thelocality.
Article 122
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 ofcadres at various levels and specializedpersonnel and skilled workers ofvarious professions and trades from among thenationality or nationalitiesin those areas.Section 7 The People's Courts and the People's Procuratorates
Article 123
The people's courts of thePeople's Republic of China are the judicialorgans of the state.
Article 124
The People's Republic of Chinaestablishes the Supreme People's Court andthe people's courts at various locallevels, military courts and otherspecial people's courts. The termof office of the President of theSupreme People's Court is the same as that of the National People'sCongress. The President shall serve no more thantwo consecutive terms.The organization of the people's courts isprescribed by law.
Article 125
Except in special circumstancesas specified by law, all cases in thepeople's courts are heard in public. The accusedhas the right to defence.
Article 126
The people's courts exercisejudicial power independently, in accordancewith the provisions of the law, and are notsubject to interference by anyadministrative organ, public organization orindividual.
Article 127
The Supreme People's Court isthe highest judicial organ.The Supreme People's Court supervises theadministration of justice by thepeople's courts at various local levels and by the special people'scourts. People's courts at higher levelssupervise the administration ofjustice by those at lower levels.
Article 128
The Supreme People's Court is responsible to the National People'sCongress and its Standing Committee. Local people's courts at variouslevels are responsible to the organs of statepower which created them.
Article 129
The people's procuratorates ofthe People's Republic of China are stateorgans for legal supervision.
Article 130
The People's Republic of China establishes the Supreme People'sProcuratorate and the people'sprocuratorates at various local levels,military procuratorates and other specialpeople's procuratorates.The term of office of the Procurator-General of the Supreme People'sProcuratorate is the same as that of theNational People's Congress; theProcurator-General shall serve no more than twoconsecutive terms.The organization of the people's procuratoratesis prescribed by law.
Article 131
The people's procuratoratesexercise procuratorial power independently, inaccordance with the provisions of the law, and are not subject tointerference by any administrative organ, public organization orindividual.
Article 132
The Supreme People'sProcuratorate 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. People's procuratorates athigher levels direct the workof those at lower levels.
Article 133
The Supreme People'sProcuratorate is responsible to the National People'sCongress and its Standing Committee.People's procuratorates at variouslocal levels are responsible to the organs ofstate power which createdthem and to the people's procuratorates athigher levels.
Article 134
Citizens of all China'snationalities have the right to use their nativespoken and written languages in courtproceedings. The people's courts andpeople's procuratorates should providetranslation for any party to thecourt proceedings who is not familiar with thespoken or written languagescommonly used in the locality.In an area where people of a minoritynationality live in a concentratedcommunity or where a number of nationalitieslive together, court hearingsshould be conducted in the languageor languages commonly used in thelocality; indictments, judgments, notices andother documents should bewritten, according to actual needs, in thelanguage or languages commonlyused in the locality.
Article 135
The people's courts, thepeople's procuratorates and the public securityorgans shall, in handling criminalcases, divide their functions, eachtaking responsibility for its own work, andthey shall coordinate theirefforts and check each other to ensure the correct and effectiveenforcement of the law.
Chapter IV The National Flag, the National Emblem andthe Capital
Article 136
The national flag of thePeople's Republic of China is a red flag withfive stars.
Article 137
The national emblem of thePeople's Republic of China consists of an imageof Tian'anmen in its centre illuminated byfive stars and encircled byears of grain and a cogwheel.
Article 138
The capital of the People'sRepublic of China is Beijing.