Simone Lawson
The People's Republic of China has had four constitutions since 1949, with the current constitution being enacted in 1982 and amended five times since, most recently in 2018. The constitution is the supreme law of the People's Republic of China and is considered the fundamental law of the state with supreme legal force. It establishes a socialist state under the rule of law, led by the working class and based on an alliance of workers and peasants. The constitution also affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and tasks of the state. It outlines the rights and duties of citizens, including freedom of speech, assembly, and religious belief, and establishes the leadership of the Chinese Communist Party (CCP). While the constitution theoretically holds supreme legal authority, the ruling CCP has a history of violating its provisions and censoring calls for greater constitutional protections.
| Characteristics | Values |
|---|---|
| Year of first Constitution | 1954 |
| Current Constitution | 1982 |
| Number of Constitutions | 4 |
| Number of Amendments to the current Constitution | 5 |
| Number of Chapters in the current Constitution | 4 |
| Number of Articles in the current Constitution | 143 |
| Nature of the People's Republic of China | A "socialist state governed by a people's democratic dictatorship that is led by the working class and based on an alliance of workers and peasants" |
| Power of Judicial Review | Courts do not have the power of judicial review |
| Constitutional Review and Enforcement | A special committee within the NPC called the Constitution and Law Committee |
| Legal Applicability | Debated |
| Constitutional Basis | One-party state |
| Supreme Legal Authority | The ruling Chinese Communist Party (CCP) |
| Voting Rights | All citizens of or above the age of 18 years |
| Freedom of Speech, Press, Assembly, Association, Procession and Demonstration | Yes |
| Freedom of Religion | Yes |
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What You'll Learn
The current constitution of the People's Republic of China
The first Constitution of the PRC was declared in 1954. The current Constitution was declared in 1982, after two intervening versions enacted in 1975 and 1978. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended five times. The 1982 Constitution expunges almost all of the rhetoric associated with the Cultural Revolution originally inserted in 1975. In fact, the Constitution omits all references to the Cultural Revolution and restates CCP Chairman Mao Zedong's contributions in accordance with a major historical reassessment produced in June 1981 at the Sixth Plenum of the Eleventh Central Committee.
The current Constitution of the PRC affirms, in legal form, the achievements of the struggles of the Chinese people of all ethnic groups and stipulates the fundamental system and task of the state. It is the fundamental law of the state and has supreme legal force. The people of all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions in the country must treat the Constitution as the fundamental standard of conduct; they have a duty to uphold the sanctity of the Constitution and ensure its compliance.
Article 5 of the current Constitution states that the PRC shall practice law-based governance and build a socialist state under the rule of law. The state shall safeguard the unity and sanctity of the socialist legal system. No law, administrative regulation, or local regulation shall be in conflict with the Constitution. All state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. Accountability must be enforced for all acts that violate the Constitution or laws. No organization or individual shall have any privilege beyond the Constitution or the law.
Article 35 of the 1982 Constitution proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration."
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The history of China's constitution
The People's Republic of China has had four constitutions in its history. The first was enacted in 1946, when the Kuomintang-controlled government declared an end to the "political tutelage" stage of Sun Yat-sen's three-stage theory of constitutional government. However, the Chinese Civil War turned in favour of the Chinese Communist Party (CCP) in 1949, and the first meeting of the Chinese People's Political Consultative Conference (CPPCC) was organised by the CCP in June of that year. The CPPCC served as a constitutional convention, approving the Common Program—an interim constitution specifying the structure of the new government and determining the name and symbols of the new state.
The first permanent constitution of the People's Republic of China was approved on 20 September 1954 by the first session of the 1st National People's Congress. The drafting process was dominated by the Communist Party and was almost exclusively restricted to the Politburo. The 1954 constitution was superseded by two further constitutions in 1975 and 1978, before the current constitution was adopted in 1982. The 1982 Constitution has subsequently been amended five times.
The current constitution consists of 4 chapters and 143 articles. It explains the nature of the People's Republic of China, highlights the concept of democratic centralism, and states that the country is a "socialist state governed by a people's democratic dictatorship that is led by the working class and based on an alliance of workers and peasants". It also establishes the leadership of the CCP, with the party leading "everything".
Unlike many Western legal systems, courts in China do not have the power of judicial review and cannot invalidate a statute on the grounds that it violates the constitution. Since 2002, a special committee within the National People's Congress called the Constitution and Law Committee has been responsible for constitutional review and enforcement.
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The constitutional basis for China's status as a one-party state
China's current constitution, which was adopted in 1982, provides a constitutional basis for China's status as a one-party state. The constitution establishes the leadership of the Chinese Communist Party (CCP), describing China as a ""socialist state under the people's democratic dictatorship" led by the CCP, which is the "vanguard of the working class".
The 1982 Constitution established the state Central Military Commission as the key governmental body charged with "directing the armed forces". The CCP and state constitutions adopted in 1982 also stipulated a number of positions that confer membership status on the Standing Committee of the Political Bureau. The Standing Committee of the Political Bureau and the Political Bureau as a whole have the authority to decide on any issue they wish to take up. The CCP constitution of 1982 also declared the National Party Congress as the highest decision-making body.
The 1982 Constitution also expunged all rhetoric associated with the Cultural Revolution and restated CCP Chairman Mao Zedong's contributions in accordance with a major historical reassessment. The 1982 Constitution has subsequently been amended several times, with the amendments adding the phrases "Communist Party of China" and its "leadership" into the main body of the Constitution. Prior to the amendment, the CCP and its leadership were only mentioned in the preamble, which is often not legally binding.
The constitution also provides for a renewed and vital role for the groups that make up the basic alliance, including the Chinese People's Political Consultative Conference, minor political parties, and people's organizations. The constitution further explains the nature of the People's Republic of China, highlighting the concept of democratic centralism, and states that China implements basic political systems such as the system of community-level self-governance and the regional ethnic autonomy system.
The Chinese constitution states multiple times that the political system is headed by the leadership of the CCP, which in itself makes it a one-party state. The ruling Chinese Communist Party (CCP) has a documented history of violating many of the constitution's provisions and censoring calls for greater constitutional protections.
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The constitutional rights and duties of Chinese citizens
The People's Republic of China has a formal written constitution, which is the supreme law of the land. The current constitution was adopted in 1982 and has been amended five times since. It is the fundamental law of the state and has supreme legal force.
The constitutional rights of Chinese citizens include:
- The right to vote and stand for election, regardless of ethnicity, race, gender, occupation, family background, religious belief, level of education, property status or length of residence.
- Freedom of speech, the press, assembly, association, procession, and demonstration.
- Freedom of religious belief, with no coercion from any state organ, social organization, or individual to believe in or not believe in any religion.
- The right to criticize and make suggestions regarding any state organ or state employee, and the right to file complaints, charges, or reports against any state organ or state employee for violations of the law or dereliction of duty.
- The right to work, rest, and receive pre-employment training.
- The right to education, freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits.
- Equality for women in all spheres of life: political, economic, cultural, social, and familial.
The constitutional duties of Chinese citizens include:
- The obligation to safeguard national unity and the solidarity of all the country's ethnic groups.
- The duty to abide by the Constitution and the law, keep state secrets, protect public property, observe discipline in the workplace, observe public order, and respect social morality.
- The sacred duty to defend the motherland and resist aggression, including the obligation to perform military service or join the militia in accordance with the law.
- The duty to uphold the sanctity of the Constitution and ensure its compliance.
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The constitutional role of the Chinese Communist Party (CCP)
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China (PRC). The current constitution was adopted by the 5th National People's Congress on December 4, 1982, and has since been amended five times. The constitution stipulates that central and local state institutions work under the system of people's congress and that China implements basic political systems such as the system of community-level self-governance and the regional ethnic autonomy system.
The Chinese Communist Party (CCP) is the ruling party of China and has been since 1949. The CCP is recognised by the Constitution of the People's Republic of China as the "supreme political leadership force". The CCP's constitution has 55 articles that describe the program of the party, its organisational structure, and party symbolism. The CCP's 1945 constitution described Mao Zedong Thought as the party's working compass. The CCP's 16th National Congress in November 2002 included the incorporation of the Three Represents. The CCP's 18th National Congress in November 2012 saw the inclusion of the concept of ecological civilisation. The CCP's 19th National Congress in October 2017 ratified amendments, including the incorporation of Xi Jinping Thought.
The CCP's role in the Constitution of the People's Republic of China is established in its leadership of the state. The constitution lists its basic national policies and establishes the leadership of the CCP. The CCP's power is further demonstrated in its ability to amend the constitution to further cement its control and supremacy. For example, amendments have included removing term limits for both the President and Vice President, enabling Xi Jinping to remain president indefinitely, and adding the phrases "Communist Party of China" and its "leadership" into the main body of the Constitution.
The actual decision-making authority in China resides in the state's executive organs and in the CCP. The Standing Committee of the Political Bureau (Politburo), the Political Bureau itself, and the Secretariat are the various organs at the top of the CCP. The distribution of power among these organs has varied, and the Secretariat did not function at all from 1966 until the late 1970s. The National Party Congress is the highest decision-making body of the CCP and is empowered to act when the Congress is not in session. The CCP's role in the constitution is further demonstrated by its ability to violate the constitution's provisions and censor calls for greater adherence to it.
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Frequently asked questions
Yes, China has a formal written constitution. The current version was adopted in 1982 and has been amended five times since then, in 1988, 1993, 1999, 2004, and 2018.
The first attempt to establish a written constitution in China was made in 1898 during the Hundred Days' Reform. However, this effort was thwarted by a coup led by conservative monarchists. The first constitutional document was published in 1908, and the first with legal force was implemented in 1911 after the 1911 Revolution. Since the founding of the People's Republic of China in 1949, four constitutions have been enacted, in 1954, 1975, 1978, and 1982.
The Chinese constitution is the supreme law of the People's Republic of China. It establishes a socialist state under the rule of law, led by the working class and based on an alliance of workers and peasants. It guarantees freedom of speech, religion, assembly, and association for all citizens, and stipulates that all citizens are equal before the law. It also affirms the achievements of the Chinese people and defines the basic system and tasks of the state.
Unlike many Western legal systems, courts in China do not have the power of judicial review and cannot declare a statute unconstitutional. Since 2002, constitutional review and enforcement have been the responsibility of a special committee within the National People's Congress called the Constitution and Law Committee.
