Constitution of the People's Republic of China facts for kids

Quick facts for kids Constitution of the People's Republic of China
Cover of the current constitution
Original title	中华人民共和国宪法
Jurisdiction	People's Republic of China
Ratified	December 4, 1982
Date effective	December 4, 1982
System	Unitary Marxist-Leninist one-party socialist republic
Branches	Six (Legislative, Executive, Military, Supervisory, Judicial, Procuratorial)
Head of state	President
Chambers	Unicameral (National People's Congress)
Executive	State Council headed by the Premier of the State Council
Judiciary	Supreme People's Court Supreme People's Procuratorate
Federalism	No - Decentralization within a Unitary State (special administrative regions)
Electoral college	Yes – the National People's Congress, which elects all other state authorities, is itself elected by two layers of Indirect election: County and Township People's Congresses elect the members of Provincial People's Congresses, who in turn elect the members of the National People's Congress.
First legislature	September 21, 1949 (Chinese People's Political Consultative Conference) September 27, 1954 (National People's Congress)
First executive	September 27, 1954 (Chairman) October 1, 1949 (Premier)
First court	October 22, 1949
Amendments	5
Last amended	11 March 2018
Location	Beijing
Commissioned by	11th Communist Party Central Committee
Supersedes	1978 Constitution of the People's Republic of China

The Constitution of the People's Republic of China is the most important law in China. It is like a rulebook for how the country is run. This constitution was officially adopted on December 4, 1982. Since then, it has been updated several times. It is the fourth constitution China has had in its history. It replaced earlier versions from 1954, 1975, and 1978.

History of China's Constitution

The first constitution for the People's Republic of China was created in 1954. The current constitution, from 1982, came after two other versions. These earlier versions were from 1975 and 1978. Each constitution had important differences. The 1982 Constitution has been changed five times since it was first made.

What's Inside the Constitution?

The Constitution of China is organized into different parts:

• Preamble: This is like an introduction. It talks about China's long history.
• General Principles (Chapter 1): This section explains the basic ideas of the country.
• Rights and Duties of Citizens (Chapter 2): This part describes what rights people have. It also explains what duties citizens must follow.
• How the State Works (Chapter 3): This chapter explains how the government is set up. It includes important groups like the National People's Congress. It also covers the President of the People's Republic of China and the State Council of the People's Republic of China. Other parts include the Central Military Commission and the courts.
• National Symbols (Chapter 4): This section talks about the national flag, anthem, and emblem. It also names the capital city.

The 1982 Constitution and Its Changes

The 1982 Constitution brought big changes to China's society and economy. It also changed how the government was organized. For example, the jobs of President and Vice President were brought back. These jobs had been removed in the 1975 and 1978 constitutions.

Before 1982, there were no time limits for how long leaders could stay in their positions. After 1982, a two-term limit (10 years total) was put in place for most top leadership roles.

The Chinese Constitution is similar to the 1936 Constitution of the Soviet Union in some ways. However, there are key differences. For instance, the Chinese constitution does not allow regions to break away from the country. It also sets up China as a single, unified country with many different ethnic groups. This is different from a system where states have more independent power.

The introduction, or preamble, of the Constitution says China has a very long history. It states that all of China's different groups have created a great culture. It also mentions a "glorious revolutionary tradition" that started in 1840.

Article 1 of the Constitution says China is a "socialist state." This means the country's system is based on an alliance of workers and farmers. It is led by the Chinese Communist Party (CCP). The Constitution also gives a renewed role to groups like the Chinese People's Political Consultative Conference.

The 1982 Constitution removed many ideas from the Cultural Revolution. It also described Chairman Mao Zedong's contributions in a new way. This was based on a major historical review from 1981.

Article 35 of the 1982 Constitution states that citizens have freedom of speech, press, assembly, and the freedom to form groups and hold demonstrations. However, some rights that were in the 1978 constitution were removed. These included the right to strike and the "four big rights." The "four big rights" allowed people to speak out freely, air views fully, hold debates, and write big-character posters. These were removed in 1980.

The Constitution also says that citizens must follow the law and maintain public order. This means that while people have certain freedoms, they must use them responsibly. Chinese citizens are not allowed to form new political parties.

All Chinese citizens have the right to vote and be elected. In 2010, the voting power for rural and town residents became equal.

The 1982 constitution also included the one-child policy. This was a rule about family planning.

Updates and Changes to the Constitution

The National People's Congress (NPC) has made five major updates to the 1982 Constitution.

1988 Amendments

In 1988, the Constitution was changed to allow private businesses to grow. It also allowed people to transfer the right to use land.

2004 Amendments

On March 14, 2004, the Constitution was updated again. It added guarantees for private property. This means that "legally obtained private property of the citizens shall not be violated." It also added that "the State respects and protects human rights." The government said these changes showed progress for Chinese democracy. They also showed that the Chinese Communist Party understood the need to adapt to China's growing economy. This economy had created a larger middle class who wanted their private property protected.

2018 Amendments

The Constitution was changed on March 11, 2018. These changes further strengthened the Chinese Communist Party's control. They included setting up the National Supervisory Commission, a new anti-corruption agency. The changes also added Xi Jinping Thought to the Constitution's introduction.

A very important change was removing the term limits for the President and Vice President. This means that Xi Jinping can remain president for an unlimited time. He is also the leader of the Chinese Communist Party, which is the most powerful position in China.

The idea of building an "ecological civilization" was also added to the Constitution. This means focusing on protecting the environment. The amendments also added the phrases "Communist Party of China" and its "leadership" into the main part of the Constitution. This makes the CCP's leadership a key part of China's socialist system.

How the Constitution is Enforced

The Constitution is considered the "supreme legal authority" in China. However, the ruling Chinese Communist Party (CCP) has sometimes been seen as not fully following all its rules.

The National People's Congress (NPC) and its Standing Committee are supposed to check if laws or activities go against the Constitution. Unlike in many Western countries, courts in China cannot cancel a law because it violates the Constitution.

Since 2002, a special committee within the NPC, called the Constitution and Law Committee, has been in charge of checking and enforcing the Constitution. This committee has never officially said that a law or rule is unconstitutional. However, there was one case where the government had to change a rule after public outcry. This happened after the death of Sun Zhigang. The NPC Standing Committee made it clear that the rule allowing police to detain people without residency permits was unconstitutional.

Discussions About the Constitution

Some groups and individuals in China have discussed how the Constitution is used. The Open Constitution Initiative was a group of lawyers and academics. They supported the rule of law and stronger constitutional protections. This group was closed down by the government in 2009.

In 2013, some reformers in China started a movement to push for the Constitution's rules to be followed more closely.

Some experts have noted that the Constitution does not always provide clear solutions for how the government should operate. Instead, these issues are often handled by the Chinese Communist Party through other rules outside of the Constitution.

See also

• Constitutional history of the People's Republic of China
• Law of the People's Republic of China
• Constitution of the Chinese Communist Party