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中华人民共和国宪法修正案(附:《中华人民共和国宪法〔1999年修正本〕》) The Amendment to the Constitution of the Peoples Republic of C

2009-03-24 法律英语 来源:互联网 作者:
abroad and protects the lawful rights and interests of returned 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 of the collective, or 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 Citizen

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

  Article 54 In is the duty of citizens of the People's Republic of China to safeguard the security, honor and interests of the motherland; they must not commit acts detrimental to the security, honor 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 and resist aggression.

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

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

  Chapter Three 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 and municipalities directly under the Central Government and of deputies elected from the armed forces. All minority nationalities are entitled to appropriate representation.

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

  The number of deputies to 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 National People's Congress two months prior to the expiration of the term of office of the current National People's Congress. Should extraordinary circumstances prevent 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 so 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 offenses, 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 Councilors, 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 a

ll 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) to 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 from office the following persons:

  (1) the President and Vice-President of the People's Republic of China;

  (2) the Premier, Vice-Premiers, State Councilors, 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;

  (4) the President of the Supreme People's Court; and

  (5) the Procurator General of the Supreme People's Procuratorate.

  Article 64 Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies of the National People's Congress and adopted by a vote of more than two-thirds of all the deputies to the Congress.

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

  Article 65 The Standing Committee of the National People's Congress is composed of the following:

  the Chairman;

  the Vice-Chairmen;

  the Secretary-General; and

  the members.

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

  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 National People's Congress shall hold office in any of the administrative, judicial or procuratorial organs of the state.

  Article 66 The Standing Committee of the National People's Congress is elected for the same term of the National People's Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress.

  The Chairman and Vice-Chairman of the Standing Committee shall serve no more than two consecutive terms.

  Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers:

  (1) to interpret the Constitution and supervise its enforcement;

  (2) to enact and amend laws, with the exception of those which should be enacted by the National People's Congress;

  (3) to partially supplement and amend, when the National People's Congress is not in session, laws enacted by the National People's Congress provided that the basic principles of those laws are not contravened;

  (4) to interpret laws;

  (5) to review and approve, when the National People's Congress is not in session, partial adjustments to the plan for national economic and social development or to the state budget that prove necessary in the course of their implementation;

  (6) to supervise the work of the State Council, the Central Military Commission, the Supreme People's Court and the Supreme People's Pro

curatorate;

  (7) to annul those administrative rules and regulations, decisions or orders of the State Council that contravene the Constitution or the law;

  (8) to annual those local regulations or decisions of the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the Constitution, the law or the administrative rules and regulations;

  (9) to decide, when the National People's Congress is not in session, on the choice of Ministers in charge of ministries or commissions, the Auditor General or the Secretary General of the State Council upon nomination by the Premier of the State Council;

  (10) to decide, upon nomination by the Chairman of the Central Military Commission, on the choice of other members of the Commission, when the National People's Congress is not in session;

  (11) to appoint or remove, at the recommendation of the President of the Supreme People's Court, the Vice-Presidents and Judges of the Supreme People's Court, members of its Judicial Committee and the President of the Military Court;

  (12) to appoint or remove, at the recomm

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