1982 china constitution

The replacement of local government by Revolutionary Committees was also formalised. It was officially recognized by the National People Congress (NPC), which met in December 1982. The current version was adopted by the 5th National People's Congress on December 4, 1982, with further revisions in 1988, 1993, 1999, and 2004. The following translation was retrieved from the China.org.cn Web site on May 31, 2013. [1] These culminated in the Cultural Revolution (1966-1976), a period in which the normal operation of government virtually ceased. Specifically, article 46 of the Chinese Constitution states as follows: It defines ownership of land in China This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. The first Constitution of the People's Republic of China was promulgated in 1954. CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA (1982) Introduction The People’s Republic of China (PRC) has had four constitutions, promulgated in 1954, 1975, 1978, and 1982. The Constitution was shorted to 30 articles, and the Fundamental Rights and Duties of Citizens was greatly shortened. In theory, it requires the Chinese Communist Party to abide by the Constitution and the law (Gittings and Whitfort 11). [1], Mao died in 1976, and the Gang of Four who had dominated Chinese politics were driven out of power by October 1976. (Full text after amendment on March 14, 2004), (Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Announcement of the National People's Congress on December 4, 1982, Amended in accordance with the Amendments to the Constitution of the People's Republic of China adopted respectively at the First Session of the Seventh National People's Congress on April 12, 1988, the First Session of the Eighth National People's Congress on March 29, 1993, the Second Session of the Ninth National People's Congress on March 15, 1999 and the Second Session of the Tenth National People's Congress on March 14, 2004), Constitution of the People's Republic of China, Chapter II The Fundamental Rights and Duties of Citizens, Section 2 The President of the People's Republic of China, Section 4 The Central Military Commission, Section 5 The Local People's Congresses and Local People's Governments at Various Levels, Section 6 The Organs of Self-Government of National Autonomous Areas, Section 7 The People's Courts and the People's Procuratorates, Chapter IV The National Flag, the National Anthem, the National Emblem and the Capital. The State Council and its Standing Committee, by contrast, are made responsible for … In 1957, the Anti-Rightist Movement marked the beginning of a series of political movements and purges during which the Constitution's protections against Party interference in the judiciary largely failed to be respected. Autonomous ethnic areas would decide on their forms of government according to the wishes of the "majority of the people" in these areas. 2 The 1982 Constitution is essentially a Dengist constitution, reflecting Deng Xiaoping’s ideas for modernising China, i.e., social stability, economic development and opening to the outside. Historically, the 1982 Constitution needs to be placed in the context of the history of Chinese constitutionalism that begins with the Common Program and dealt with accordingly. The 1982 Constitution was born in a political environment where the past, including Mao's "errors" and almost all of the Communist Party's policies from 1949, were relatively objectively re-examined, and the country's future, including the pursuit of market economic reforms, was being openly debated. The Republic of China government progressively lost control of mainland China in the late 1940s to early 1950s, but the Constitution of the Republic of China, with amendments, is still the organic law of the government in Taiwan. The 1982 Chinese Constitution and the Rule of Law . In 1949, the Chinese Civil War was turning decisively in favour of the Communist Party of China. The first CPPCC served in effect as a Constitutional Convention. The 1954 Constitution included a preamble and 108 articles organised into four chapters. It contained 60 sections organised into four Chapters. There had been five major revisions by the National People's Congress (NPC) to the 1982 Constitution. The most significant of these occurred in 1989–1993. All nationalities in the People's Republic of China are equal. The 1978 Constitution was again short-lived. The 1982 Constitution of the People’s Republic of China (PRC or China) declares that a citizen has not only the right, but also the obligation to receive an education. Sub-national government was to be composed of people's congresses and people's committees of various levels. Constitution of the People's Republic of China," 21 April 1982, Ta Kung Pao, 28 April People's Congress Standing Committee on 22 April 1982," Ta Kung Pao 29 April 1982, p. 3 (Chinese version), and Beijing Review 25:19 (10 May 1982), pp. In June, the Communist Party organised a "Chinese People's Political Consultative Conference" (CPPCC) to prepare for the establishment of a "New Democracy" regime to replace the Kuomintang-dominated Republic of China government. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. China (People’s Republic of) 1982 (rev. The people of all nationalities in China have ⋆ The Constitution • Constitution.com Constitution of the People’s Republic of China Adopted on December 4, 1982 During this period, most government bodies around the country ceased operation; various levels of people's governments were replaced by Revolutionary Committees. During the 1989 Tiananmen Square Protests, the President, Yang Shangkun, also the Vice chairman of Central Military Commission, used his formal powers under the Constitution to deploy troops to Beijing in support of the state of emergency declared by the Premier Li Peng, and colluded in the subsequent violent crackdown in Beijing,[3] against the wishes of Zhao Ziyang, the General Secretary of the Party. Thus, the decisions are definitely first made at the party level and then got support from the government which again is under the thumb of the party. In this way, the centres of power were unified. In theory, it requires the Chinese Communist Party to abide by the Constitution and the law (Gittings and Whitfort 11). Article 2All power in the People's Republic of China belongs to the people. 2004) Page 6 • Duty to obey the constitution Article 5 The People's Republic of China exercises power in accordance with the law and establishes a socialist country under the rule of law. Header and Footer Blocks. However, Chinese constitution has undergone four re-enactments, and there were numerous contradictions and breaks among different constitutions. As part of the Deng faction's political reform agenda, a fourth Constitution was promulgated on 4 December 1982. Finally, a hierarchy of courts headed by the Supreme People's Court and the Supreme People's Procuratorate (which would investigate crimes by the government) formed the judicial system.[1]. The 1982 Constitution reflects Deng Xiaoping's determination to lay a lasting institutional foundation for domestic stability and modernization. Most of these, especially those authored by the Kuomintang, purported to reflect Sun Yat-sen's Three Principles of the People and Western norms. The first meeting of the CPPCC opened on 21 September 1949, and was attended by the Communist Party along with eight aligned parties. This instrument was not given a chapter number under the Legislation [1] The executive was composed of the President and the State Council. The 1982 Chinese Constitution appears on the surface to be enforceable in the courts. China's Constitution was adopted by the Fifth Session of the Fifth National People's Congress on Dec 4, 1982. The People's Republic of China functioned for the next five years under the Common Program, with a degree of democracy and inclusion that was not seen again in Chinese government to the present day. Constitution of the People's Republic of China (Full text after amendment on March 14, 2004) (Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Announcement of the National People's Congress on December 4, 1982 Special features of the Constitution of China Essay Sample. Concurrently, the duty to pay taxes was also removed. The Constitution of the People's Republic of China is nominally the supreme law within the People's Republic of China. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. In accordance with the Common Program, preparations soon began for convening the first National People's Congress and the drafting of the first permanent Constitution of the People's Republic of China. An essay or paper on The 1982 Chinese Constitution. THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA . The posts of President and Vice President(which were abolished in the 1975 and 1978 constitutions) are re-e… In many ways, the 1978 Constitution was a compromise between the interim leadership's desire to consolidate power using Mao's moral authority, while responding to the popular desire to reverse the Leftists extremes of the previous period. 1982 Constitution of the People's Republic of China (Current Full Text) Simplified Chinese (407.31 KB) Traditional Chinese (616.77 KB) Get Involved. After the end of the conference, the People's Republic of China was proclaimed on 1 October 1949. The fourth constitution of the People’s Republic of China was adopted in 1982. 18-26 (English version); (3) Hu Sheng, " On the Revision of the Constitution," Beijing Review 25:18 (3 May 1982) Instead of (formally) by election, power passed via public denunciations and, in many cases, violent clashes. The Constitution is the fundamental law of the state. In addition, changing Constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution. Formal duties of the President as Head of State were to be performed by the Chairman of the National People's Congress (who was, at the time, Zhu De). Despite the separation made between the party and the government by the 1982 constitution, the Communist Party of China (CPC) constitutes full involvement in the working of the government. It specified a government structure remarkably similar to the current system. In 1975, Mao Zedong and his supporters sought to formalise their power through the promulgation of a new Constitution. A Socialist Constitution: The 1982 Constitution continues to be a constitution of the socialist state. As drafted, the 1982 Constitution contemplated that the power of the state would be distributed amongst the General Secretary of the Communist Party of China, the Premier of the State Council, and the Chairman of the Central Military Commission. The electronic text was acquired from the The Wiretap Electronic Text Archive and was marked up for Web display by Steve Mount.If you are aware of any changes to the Constitution that are not reflected on this page, please let us know. At the same time, the need for "Socialist democracy" was emphasised (Article 3), and the 1954 system of government was largely restored, including its significant checks on executive power.[1]. The 1954 Constitution was intended to be a transitional constitution, to be revised after China developed into a socialist economy.[1]. Under the 1975 Constitution, the office of the President (officially translated as "Chairman" during this period) was abolished, leaving Mao, as the Chairman of the Communist Party, as the sole power centre. The National People's Congress and the local people's congresses at various levels are the organs through … After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. This version has subsequently been called the "1954 Constitution". The first People's Government, elected in 1949, included a significant number of representatives from parties other than the Communist Party. The socialist system is the basic system of the People's Republic of China. General Principles Article 1. The 1982 Chinese Constitution appears on the surface to be enforceable in the courts. The current version, adopted on December 4, 1982 by the Fifth National People’s Congress of the PRC, has since been amended four times, in 1988, 1993, 1999, and 2004. On 20 September 1954, exactly five years after the passage of the Common Program, the first meeting of the first National People's Congress unanimously approved the new Constitution. On 24 December 1952, a resolution was moved by Premier Zhou Enlai on behalf of the Communist Party of China at the 43rd meeting of the first CPPCC Standing Committee to draft the new, permanent, Constitution. Guarantees removed included the rights to property and privacy, freedom from political discrimination, freedom of movement, speech, and artistic freedom, among other human rights. 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