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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:
dertakings and social affairs thought various channels and in various ways in accordance with the provisions of law.

  Article 3 The State organs of the people's Republic of China apply the principle of democratic centralism.

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

  All administrative judicial and procuratorial organs of the State are created by the people's congresses to which they are responsible and by which they are supervised.

  The division of functions and powers between the central and local State organs is guided by the principle of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.

  Article 4 All nationalities in the people's Republic of China are equal. The State protects the lawful rights and interests of the minority nationalities and upholds and develops a relationships of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality are prohibited; any act which undermines the unity of the nationalities or instigates division is prohibited.

  The State assists areas inhabited by minority nationalities in accelerating their economic and cultural development according to the characteristics and needs of the various minority nationalities

  Regional autonomy is practiced in areas where people of minority nationalities live in concentrated communities In these areas organs of self-government are established to exercise the power of autonomy. All national autonomous areas are integral parts of the people's Republic of China.

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

  Article 5 The people's Republic of China governs the country according to law and makes it a socialist country under rule of law.

  The State

upholds uniformity and dignity of the socialist legal system.

  No laws or administrative or local regulations may contravene the Constitution.

  All State organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and other laws. All acts in violation of the Constitution or other laws must be investigated.

  No organizational of individual is privileged to be beyond the Constitution or other laws.

  Article 6 The basis of the socialist economic system of the people's Republic of China is socialist public ownership of the meads of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of "from each according to his ability, to each according to his work".

  In the primary stage of socialism, the State upholds the basic economic system in which the public ownership is dominant and diverse forms of ownership develop side by side and keeps to the distribution system in which distribution according to work is dominant and diverse modes of distribution coexist.

  Article 7 The State-owned economy, namely, the socialist economy under ownership by the whole people, is the leading force in the national economy. The State ensures the consolidation and growth of the State-owned economy.

  Article 8 The rural collective economic organizations apply the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract. In rural areas, all forms of cooperative economy, such as producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of socialist 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 rarm plots of cropland and hilly land allotted for their private use, engage in household sideline privately owned livestock.

  The various forms of cooperative economy in cities and towns, sic has those in the hundicraft industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people.

  The State protects the lawful right and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy.

  Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources are owned by the State , that is, by the whole people, with the exception of the forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives as prescribed by law.

  The State ensures the rational use of natural resources and protects rare animals and plants. Appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited

  Article 10 Land in the citied is owned by the State.

  Land in the rural and suburban areas is owned by collectives except for those portions which belong to the State as prescribed by law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives.

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

  No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law.

  All organizations and individuals using land must ensure its rational use.

  Article 11 The non-public sectors of t

he economy such as the individual and private sectors of the economy , operating within the limits prescribed by law, constitute an important component of the socialist market economy.

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

  Article 12 Socialist public property is inviolable.

  The State protects socialist public property. Appropriation or damaging of State or collective property by any organization or individual by whatever means is prohibited.

  Article 13 Citizens' lawful private property is inviolable.

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

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

  Article 14 The State continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, rising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management instituting the socialist system of responsibility 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 itself with the interests of the collective and the individual as well as of the State and, on the basis of expanded production, gradually improves the material and cultural life of the people.

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

  Article 15 The State practices socialist market economy.

  The State strengthens economic legislation, improves macro-regulation and control.

  The State prohibits in accordance with law any organization or individual from disturbing the socio-economic order.

  Article 16 State-owned enterprises have decision-making power with regard to their operation within the limits prescribed buy law.

  State-owned enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with law.

  Article 17 Collective economic organization have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws.

  Collective economic organizations practise democratic management and, in accordance with law, elect or remove their managerial personnel and decide on major issues concerning operation and management.

  Article 18 The people's Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic cooperation with Chinese enterprises and other Chinese economic organizations in accordance with the provisions of the laws the people's Republic of China.

  All foreign enterprises, other foreign economic organizations as well as Chinese-foreign joint ventures within Chinese territory shall abide by the laws of the people's Republic of China. Their lawful rights and interests are protected by the l

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