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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:
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  Citizens who gave suffered losses as a result of infringement of their civic rights by any Sate organ or functionary have the right to compensation in accordance with the provisions of law.

  Article 42 Citizens of the people's Republic of China have the right as well as the duty to work……

  Through various channels, the State creates condition for employment, enhances occupational safety and health improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits.

  Work is a matter of honour for every citizen who is able to work. All working people in State-owned enterprises and in urban and rural economic collectives should approach their work their work as the masters of the country that they are. The State promotes socialist labour emulation, and commends and rewards model and advanced workers. The State encourages citizens to take part in voluntary labour.

  The State provides necessary vocational training for citizens before they are employed.

  Article 43 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 working people prescribes working hours and vacations for workers and staff.

  Article 44 The State applies the system of retirement for workers and staff members of enterprises and institutions and for functionaries of organs of State according to law. The livelihood of retired persons is ensured by the State and society.

  Article 45 Citizens of the people's Republic of China have the right to material assistance from the State and society when they are old, ill or disabled. The develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right.

  The State and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel.

  The State and society help make arrangements for the work, livelihood and education for the blind, deaf-mutes and other handicapped citizens.

  Article 46 Citizens of the people's republic of China have the duty as well as the right to receive education.

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

  Article 47 Citizens of the people's Republic of China have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The State encourages and assists creative endeavours conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work……

  Article 48 Women in the People's Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.

  The State protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.

  Article 49 Marriage, the family and mother and child are protected by the State.

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

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

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

  Article 50 The people's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of retuned overseas Chinese and of the family members of Chinese nationals residing abroad.

  Article 51 Citizens of the people's Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the State, of society or the collective, upon the lawful freedoms and rights of other citizens.

  Article 52 It is the duty of citizens of the people's Republic of China to safeguard the unification of the country and the unity of all its nationalities.

  Article 53 Citizens of the people's Republic of China must abide by the Constitution and other laws, keep State secrets, protect public property, observe labour discipline and public order and respect social ethics.

  Article 54 It is the duty of citizens of the people's Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland.

  Article 55 It is the sacred duty of every citizen of the people's Republic of China to defend the motherland resist aggression.

  It is the honourable duty of citizens of the people's Republic of China to perform military service and join the militia in accordance with law.

  Article 56 It is the duty of citizens of the people's Republic of China to pay taxes in accordance with law.

  Chapter Ⅲ The Structure of the State

  Section Ⅰ The National people's Congress

  Article 57 The National people's Congress of the people's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National people's Congress.

  Article 58 The National people's Congress and its Standing Committee exercise the legislative power of the State.

  Article 59 The National people's Congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under he Central Government, and special administrative regions, and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation.

  Election of deputies to of National people's Congress in conducted by the Standing Committee of the National people's Congress.

  The number of deputies of the National people's Congress and the procedure of their election are prescribed by law.

  Article 60 The National people's Congress is elected for a term of five years.

  The Standing Committee of the National people's Congress must ensure the completion of election of deputies to the succeeding Natio

nal people's Congress who months prior to the expiration of the term of office of the current National people's Congress. Should extraordinary circumstances prevents such an election, it may be postponed and the term of office of the current National people's Congress extended by the decision of a vote of more than two-thirds of all those on the Standing committee of the current National people's Congress. The election of deputies to the succeeding National people's Congress must be completed within one year after the termination of such extraordinary circumstances.

  Article 61 The National people's Congress meets in session once a year and is convened by its Standing Committee. A session of the National people's Congress may be convened at any time the Standing Committee deems it necessary or when more than one-fifth of the deputies to the National people's Congress to propose.

  When the National people's Congress meets, it elects a Presidium to conduct its session.

  Article 62 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 offences, civil affairs, the State organs and other matters;

  (4)to elect the president and the Vice-President of the People's Republic of China;

  (5)to decide on the choice of the Premier of the State Council upon nomination by the President of the people's Republic of China, and on the choice of the Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council upon 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 the Central 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 social development and the report on its implementation;

  (10)to examine and approve the State budget and the report on its implementation;

  (11) to alter or annul inappropriate decisions of the Standing Committee of the National people's Congress;

  (12) approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government;

  (13)to decide on the establishment of special administrative regions and the systems 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 state power should exercise.

  Article 63 The National people's Congress has the power to remove office the following persons:

  (1)the president and the Vice-president of the people's Republic of China;

  (2)the premier, Vice-premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council;

  (3)the Chairman of the Central Military Commission and other members of the Commission

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