THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA (Adopted on December 4, 1982 by the Fifth National People's Congress of the People's Republic of China at its Fifth Session) FOREIGN LANGUAGES PRESS BEIJING PERGAMON PRESS OXFORD NEW YORK TORONTO SYDNEY PARIS FRANKFURT First edition 1983 Distributed in the United Kingdom and the United States of America by: PERGAMON PRESS LTD., Headington Hill Hall, Oxford OX3 OBW, England PERGAMON PRESS INC., Maxwell House, Fairview Park, Elmsford, NY 10523, USA Library of Congress Cataloging in Publication Data China. The Constitution of the People's Republic of China. 1. China—Constitution. I. Title. LAW 342.51Ό23 345.10223 83-13222 British Library Cataloguing in Publication Data China The constitution of the People's Republic of China. 1. China—Constitution I. Title 345.102'2 JQ1500 ISBN 0-08-03Ö818-X (Hardcover) ISBN 0-08-030817-1 (Flexicover) Foreign Languages Press 24 Baiwanzhuang Road, Beijing, China Printed in the People 's Republic of China PREAMBLE CHINA is one of the countries with the longest histories in the world. The people of all na- tionalities in China have jointly created a splendid culture and have a glorious revolutionary tradition. Feudal China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. The Chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom. Great and earth-shaking 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 and gave birth to the Republic of China. But the Chinese people had yet to fulfil their historical task of overthrowing imperialism and feudalism. After waging hard, protracted and tortuous struggles, armed and otherwise, 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 imperial- ism^ feudalism and bureaucrat-capitalism, won the 3 great victory of the new-democratic revolution and founded the People's Republic of China. There- upon the Chinese people took state power into their own hands and became masters of the country. After the founding of the People's Republic, the transition of Chinese society from a new-democratic to a socialist society was effected step by step. The socialist transformation of the private ownership of the means of production was completed, the system of exploitation of man by man eliminated and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the prole- tariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have thwarted aggression, sabotage and armed provocations by imperialists and hegemo- nists, safeguarded China's national independence and security and strengthened its national defence. Major successes have been achieved in economic development. An independent and fairly compre- hensive socialist system of industry has in the main been established. There has been a marked increase in agricultural production. Significant progress has been made in educational, scientific, cultural and 4 other undertakings, and socialist ideological edu- cation has yielded noteworthy results. The living standards of the people have improved consid- erably. Both the victory of China's new-democratic rev- olution and the successes of its socialist cause have been achieved by the Chinese people of all nation- alities under the leadership of the Communist Party of China and the guidance of Marxism- Leninism and Mao Zedong Thought, and by up- holding truth, correcting errors and overcoming numerous difficulties and hardships. The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nation- alities will continue to adhere to the people's demo- cratic dictatorship and follow the socialist road, steadily improve socialist institutions, develop so- cialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize in- dustry, agriculture, national defence and science and technology step by step to turn China into a socialist country with a high level of culture and democracy. 5 The exploiting classes as such have been eliminat- ed in our country. However, class struggle will continue to exist within certain limits for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it. Taiwan is part of the sacred territory of the Peo- ple's Republic of China. It is the lofty duty of the entire Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland. In building socialism it is imperative to rely on the workers, peasants and intellectuals and unite with all the forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front that is composed of democratic parties and people's or- ganizations and embraces all socialist working peo- ple, all patriots who support socialism and all patriots who stand for reunification of the mother- land. This united front will continue to be consoli- dated and developed. The Chinese People's Polit- ical Consultative Conference is a broadly represent- ative organization of the united front, which has 6 played a significant historical role and will con- tinue to do so in the political and social life of the country, in promoting friendship with the people of other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The People's Republic of China is a unitary multi- national state built up jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have been established among them and will continue to be strengthened. In the struggle to safeguard the unity of the nation- alities, it is necessary to combat big-nation chauvin- ism, mainly Han chauvinism, and also necessary to combat local-national chauvinism. The state does its utmost to promote the common prosperity of all nationalities in the country. China's achievements in revolution and construc- tion are inseparable from support by the people of the world. The future of China is closely linked with that of the whole world. China adheres to an independent foreign policy as well as to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non- interference in each other's internal affairs, equal- ity and mutual benefit, and peaceful coexistence 7 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, and strives to safeguard world peace and promote the cause of human progress. This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; 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 undertakings in the coun- try must take the Constitution as the basic norm of conduct, and they have the duty to uphold the dig- nity of the Constitution and ensure its implementa- tion. 8 CHAPTER ONE GENERAL PRINCIPLES