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Constitution of the peoples Republic of China 中华人民共和国宪法

2009-03-24 法律英语 来源:互联网 作者:

(Adopted at the Fifth Session of the Fifth National people's Congress and promulgated for implementation by the Announcement of the National people's Congress on December 4, 1982, amended in accordance With he Amendments to the Constitution of the people's Republic of China adopted respectively at the First Session of the Seventy National people's Congress on April 12, 1988, the First Session of the Eighth National people's Congress on March 29,1993, the Second Session of the Ninth National people's Congress on March 15,1999 and the Second Session of the Tenth National people's Congress on March 14, 2004 )

颁布日期:20040314  实施日期:19821204  颁布单位:全国人大

  Contents

  Preamble

  Chapter Ⅰ General Principles

  Chapter Ⅱ The Fundamental Rights and Duties of Citizens

  Chapter Ⅲ The Structure of the State

  Section 1 The National people's Congress

  Section 2 The president of the people's Republic of China

  Section 3 The State Council

  Section 4 The Central Military Commission

  Section 5 The Local people's Congresses and Local people's Governments at Various Levels

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

  Section 7 The people's Courts and the people's Procuratorates

  Chapter Ⅳ The National Flag, the National Anthem, the National Emblem and the Capital

  Preamble

  China is a country with one of the longest histories in the world. The people of all of China's nationalities have jointly created a culture of grandeur 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 for national independence and liberation and for democracy and freedom.

  Great and earthshaking historical changes have taken place in China in the 20th century.

  The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy an gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.

  After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New-Democratic Revolution and founded the people's Republic of China Since then the Chinese people have taken control of state power and become masters of the country.

  After the founding of the people's Republic, China gradually achieved its transition form a New-Democratic to a socialist society. The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of man by man abolished and the socialist system established. The people's democratic dictatorship led the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese people's Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China's national independence and security and strengthened its national defence. Major successes have been achieved in enonomic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific and cultural undertakings, while education in socialist ideology has produces noteworthy results. The life of the people has improved considerably.

  The victory in C

hina's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of Chinese-style socialism. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improver socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize the country's industry, agriculture, national defence and science and technology step by step and promote the coordinated development of the material, political and spiritual civilizations, to turn China into socialist country that is prosperous, powerful, democratic and culturally advanced.

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

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

  In building socialism it is essential to rely on workers, peasants and intellectuals and to unite all forces that can be united. In the long years of revolution, there has been formed under the leadership of the Communist Party of China a broad patriotic united front which is composed of the democratic parties and people's organizations and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese people's Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country's and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The system of the multi-party cooperation and political consultation led by the Communist Parry of China will exist and develop for a long time to come. The people's Republic of China is a unitary multi-national State created jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have been established among the nationalities and will continue to be strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, an to combat local national chauvinism. The State will do its utmost to promote the common prosperity of all the nationalities.

  China's achievements in revolution and construction are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy and adheres to the fivie principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each

other's internal affairs, equality and mutual benefit, and peaceful coexistence in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism, and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, an strives to safeguard world peace and promote the cause of human progress.

  This Constitution, on legal form. affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the State; it is the fundamental law of the State and has supreme legal authority. The people of all nationalities, all State organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.

  Chapter Ⅰ General Principles

  Article 1 The people's Republic of China is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers 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 is prohibited.

  Article 2 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 various levels are the organs through which the people exercise state power.

  The people administer State affairs and manage economic and cultural un

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