Simone Lawson
The Constitution of the People's Republic of China is the fundamental law of the state and has supreme legal force. The Chinese constitution can reflect on historical events such as revolution, self-reliance, or reforms in a more adaptive manner. 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 to the National People's Congress and adopted by a majority vote of more than two-thirds of all the deputies to the Congress. The 1982 Constitution was amended five times before 2018, in 1988, 1993, 1999, 2004, and 2018. The 2018 amendment contains 21 articles, including the addition of a new section on The Supervision Commissions in the Constitution. The National People's Congress Standing Committee has the power to interpret the Constitution and oversee its enforcement, as well as to enact and amend laws.
| Characteristics | Values |
|---|---|
| Frequency of Amendments | The 1982 Constitution was amended in 1988, 1993, 1999, 2004, and 2018. |
| Who Can Propose Amendments | The Standing Committee of the National People's Congress or at least one-fifth of the deputies to the National People's Congress. |
| Who Adopts Amendments | Amendments are adopted by a majority vote of more than two-thirds of all deputies to the Congress. |
| Who Enacts Amendments | The State Council and the Standing Committee. |
| Who Elects Members of the People's Congress | Chinese citizens who are 18 or older. |
| Who Holds the Decision-Making Power | The executive organs of the state and the CPC. |
| Who Interprets the Constitution | The Standing Committee of the National People's Congress. |
| Who Has the Power to Amend Respective Constitutions | The NCCPC and the NPC. |
| Who Abolished Term Limits for the Presidency | Xi Jinping. |
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What You'll Learn
- The Chinese constitution has been amended multiple times, most recently in 2018
- The National People's Congress (NPC) can amend the constitution
- The constitution reflects historical events like revolution, self-reliance, and reforms
- The 2018 amendment added a new section on The Supervision Commissions
- The 1999 amendment included a section on ruling the country in accordance with the law
The Chinese constitution has been amended multiple times, most recently in 2018
The Chinese Constitution of 1982 has been amended multiple times, most recently in 2018.
The 1982 Constitution was amended five times before 2018: in 1988, 1993, 1999, 2004, and 2018. The 2018 amendment was adopted by the National People's Congress (NPC) of the People's Republic of China (PRC) on March 11, 2018, and contains 21 articles numbered 32 to 52.
Amendments to the Chinese Constitution are proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and are adopted by a majority vote of more than two-thirds of all the deputies to the Congress. The Standing Committee of the National People's Congress also has the power to interpret the Constitution, supervise its enforcement, and enact and amend statutes, except those that should be enacted by the National People's Congress. The executive bodies responsible for enacting laws are the State Council and the Standing Committee.
The 2018 amendment to the Chinese Constitution made several changes, including adding a new section on the state supervision organ, the "Supervision Commissions," in Chapter III of the Constitution, "The Structure of the State." It also added the phrase "supervision organ" to paragraph 3 of Article 3 of the Constitution, now reading: "All administrative organs, supervision organs, adjudicatory organs, and procuratorial organs of the State are created by the people's congresses to which they are responsible and by which they are supervised." Another notable change was the addition of a new paragraph 3 to Article 27, stating that "State functionaries shall take a public oath of allegiance to the Constitution when assuming office."
The Chinese Constitution has been amended multiple times to reflect historical events and the realities of the country's survival and growth needs. The amendments also reflect the country's commitment to an independent foreign policy, opposition to imperialism and colonialism, and support for oppressed peoples and developing countries.
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The National People's Congress (NPC) can amend the constitution
The National People's Congress (NPC) is the highest organ of state power in the People's Republic of China (PRC). It is the country's national legislature and has the authority to amend the Constitution. The NPC is the only branch of government in China, and all other state organs, from the State Council to the Supreme People's Court (SPC), are subject to it.
The NPC has the sole power to "enact and amend basic criminal and civil laws, basic laws governing the State organs, and other basic laws". It acts in accordance with the Constitution and laws of the PRC regarding its legislative activities. The NPC meets for about two weeks each year, usually in the spring, and its Standing Committee enacts all legislation presented to it by the CCP Central Committee, the State Council, or the Central Military Commission when the congress is in recess.
The NPC's legislative work includes creating, examining, and reviewing major national issues of concern presented to the Congress by the CCP Central Committee, the State Council, or its deputies. The NPC also has the power to fill top state offices, enact important legislation, approve the central government's budget, and ratify plans for national economic and social development.
The NPC has amended the Constitution several times. For example, in 2018, the NPC adopted an amendment to the PRC Constitution, which included 21 articles. This amendment added a new section on the state supervision organ and made other changes, such as requiring state functionaries to take a public oath of allegiance to the Constitution when assuming office.
The NPC also has the power to revoke "inappropriate decisions" made by its Standing Committee, although this power has never been used. Overall, the NPC plays a crucial role in the legislative process and has the authority to amend the Constitution of the PRC.
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The constitution reflects historical events like revolution, self-reliance, and reforms
The Chinese constitution is the fundamental law of the state and has supreme legal force. The constitution reflects historical events like revolution, self-reliance, and reforms. The preamble describes China as a country with one of the longest histories in the world, and its people of all nationalities have jointly created a magnificent culture with a glorious revolutionary tradition. This tradition is said to have begun in 1840 when feudal China gradually became a semi-colonial and semi-feudal country. The Chinese people fought for national independence, liberation, democracy, and freedom. The Revolution of 1911, led by Dr Sun Yat-sen, abolished the feudal monarchy and established the Republic of China. However, the struggle against imperialism and feudalism continued until 1949, when the Chinese Communist Party (CCP), led by Mao Zedong, overthrew imperial, feudal, and bureaucrat-capitalist rule. The 1949 revolution led to the first constitution of the People's Republic of China in 1954.
The current Chinese constitution, adopted in 1982, is the fourth and was shaped by the Cultural Revolution. It also draws from the "Resolution of the CPC on Certain Historical Issues since the Founding of the PRC" and the shift towards "socialist modernisation". The 1982 Constitution expunged rhetoric associated with the Cultural Revolution and restated Mao Zedong's contributions. It has since been amended five times, with the most recent amendment in 2018 being the first in 14 years. The 2018 amendment added 21 articles, moving away from Deng's reforms and replacing them with a "Xi Jinping constitution".
The Chinese constitution reflects the country's revolutionary tradition and its pursuit of independence and modernisation. It also highlights the role of workers, peasants, and intellectuals in building socialism and uniting the country. The constitution has been amended several times to address the realities of the country's survival and growth, showing its adaptive nature and ability to reflect on historical events.
The National People's Congress (NPC) and its Standing Committee are responsible for reviewing and enforcing the constitution. The NPC has the power to amend the constitution, and its amendments reflect the country's political and social needs. The 2018 amendments, for example, included the elimination of term limits for the presidency, allowing Xi Jinping to maintain power and strengthen his domestic political strategies.
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The 2018 amendment added a new section on The Supervision Commissions
The Chinese Constitution can be amended by the NCCPC and the NPC, depending on their survival and growth needs. The 2018 amendment to the Chinese Constitution added a new section on "The Supervision Commissions". This amendment was proposed in February 2018, with the aim of making national and local supervision commissions official state organs.
The National Supervisory Commission (NSC) is a political body with tasks including monitoring policy implementation, investigating official malfeasance, and deciding on administrative sanctions among civil servants. The NSC's jurisdiction includes all public sector employees and village officials, regardless of whether they are Chinese Communist Party (CCP) members.
The 2018 amendment gave constitutional status to the NSC, with the commission now listed alongside the State Council, the Supreme People's Court, and the Supreme People's Procuratorate in the Constitution. The amendment also provided for the establishment of local supervision commissions, which would be appointed by local people's congresses at the county level and above, and would be accountable to them and to the higher-level supervision commission.
In October 2019, the National People's Congress Standing Committee (NPCSC) granted the NSC the power to make supervision regulations, which took effect the following day. These regulations are a new type of regulation under Chinese law, and the NPCSC has the power to revoke them if they conflict with the Constitution or laws.
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The 1999 amendment included a section on ruling the country in accordance with the law
The Chinese Constitution is the fundamental law of the state and has supreme legal force. All people and institutions in the country must treat the Constitution as the fundamental standard of conduct and have a duty to uphold its sanctity and ensure compliance. The Constitution is amended in accordance with the realities of the country's survival and growth needs.
The 1982 Constitution was amended five times before the 2018 amendment—in 1988, 1993, 1999, 2004, and 2018. The 1999 amendment, adopted at the Second Session of the Ninth National People's Congress, included six articles. One of the key changes was the addition of a section on ruling the country in accordance with the law. This amendment reflects the adaptive nature of the Chinese Constitution, allowing it to incorporate historical events and social structures.
The specific additions or changes made within the section on ruling the country in accordance with the law are not explicitly mentioned in the sources. However, the 1999 amendment as a whole included six articles, indicating that it made substantial changes to the Constitution. The National People's Congress (NPC) has the power to amend the Constitution, and these amendments carry significant weight in the country's governance.
The 2018 amendment, for example, included 21 articles and introduced important changes such as the establishment of a new supervision organ (supervisory commissions) with constitutional status. It also emphasised the leadership of the Communist Party of China as a defining feature of socialism with Chinese characteristics.
While the specific details of the 1999 amendment regarding ruling the country in accordance with the law are not readily available, it is clear that the Chinese Constitution is a living document that adapts to the country's evolving needs and circumstances.
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Frequently asked questions
Amendments to the Chinese Constitution are proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress. Amendments are then adopted by a majority vote of more than two-thirds of all the deputies to the Congress.
The 1982 Chinese Constitution has been amended six times — in 1988, 1993, 1999, 2004, 2018, and 2020.
Some examples of amendments to the Chinese Constitution include the addition of a new section on the state supervision organ, changes to the system of public ownership, and the elimination of term limits for the presidency.
