Jonah Patel
The People's Republic of China has enacted four constitutions, with the first being adopted in 1954. The current constitution was adopted in 1982 and has been amended five times since then, in 1988, 1993, 1999, 2004, and 2018. The constitution is the supreme law of the People's Republic of China and has supreme legal force. It describes China as a socialist state under the people's democratic dictatorship, led by the Chinese Communist Party (CCP) and based on an alliance of workers and peasants.
| Characteristics | Values |
|---|---|
| First Constitution | 1954 |
| Current Constitution | 1982 |
| Number of Constitutions | 4 |
| Number of Revisions to Current Constitution | 5 |
| Year of First Revision | 1988 |
| Year of Latest Revision | 2018 |
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What You'll Learn
The first constitution was adopted in 1954
The first constitution of the People's Republic of China was adopted in 1954, on September 20. This was the first formal constitution of the PRC, though a temporary constitution was adopted in 1949, after the PRC's foundation. The 1954 constitution was declared by the first session of the 1st National People's Congress. It went through two major revisions, in 1975 and 1978, before the current constitution was adopted in 1982.
The 1982 Constitution has been amended five times, in 1988, 1993, 1999, 2004, and 2018. The 1982 version provided a legal basis for broad changes in China's social and economic institutions and significantly altered the government structure. It re-established the posts of President and Vice President, which had been abolished in the 1975 and 1978 constitutions. It also, for the first time, stipulated a number of positions that confer membership status on the Standing Committee of the Political Bureau.
The first attempt towards constitutionalism in China was made in 1898 by the Guangxu Emperor and his supporters during the Hundred Days' Reform. However, this effort was thwarted by a coup led by conservative monarchists loyal to Empress Dowager Cixi. The first constitutional document was published in 1908, and the first constitutional document with legal force, the "Nineteen Covenants", was implemented in 1911, after the 1911 Revolution. The constitution was first drafted by the Kuomintang (KMT) in 1913 as part of its third stage of national development.
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The current constitution was declared in 1982
The current Chinese Constitution was declared in 1982 and is the fundamental law of the state, with supreme legal force. It is the fourth constitution of the People's Republic of China and was adopted by the 5th National People's Congress on December 4, 1982, with five subsequent revisions. The 1982 Constitution has provided a legal basis for broad changes in China's social and economic institutions and significantly revised the government structure. It consists of 4 chapters and 143 articles.
The 1982 Constitution explains the nature of the People's Republic of China, highlighting the concept of democratic centralism. It states that the PRC 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". The preamble describes China as "a country with one of the longest histories in the world". It goes on to say that the "people of all of China's nationalities have jointly created a culture of grandeur and have a glorious revolutionary tradition".
Article 1 of the 1982 Constitution describes China as "a socialist state under the people's democratic dictatorship", led by the Chinese Communist Party (CCP), the vanguard of the working class. The 1982 Constitution also re-established the posts of President and Vice President, which had been abolished in the 1975 and 1978 Constitutions. It imposed a two-term limit (10 years total) on all but the chair of the Central Military Commission.
The 1982 Constitution also stipulates that all ethnic groups shall have the freedom to use and develop their own spoken and written languages and to preserve or reform their traditions and customs. It also affirms China's independent foreign policy and its opposition to imperialism, hegemonism, and colonialism.
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The 1982 constitution has been amended five times
The current Chinese Constitution, adopted in 1982, has been amended five times. It is the fundamental law of the state and has supreme legal force. It explains the nature of the People's Republic of China, highlighting the concept of democratic centralism and stating that the PRC is a "socialist state governed by a people's democratic dictatorship".
The 1982 Constitution provided a legal basis for broad changes in China's social and economic institutions and significantly revised the government structure. It re-established the posts of President and Vice President, which had been abolished in the 1975 and 1978 Constitutions. It also imposed term limits on key leadership posts, with Deng imposing a two-term limit (a total of 10 years) on all but the chair of the Central Military Commission.
The 1982 Constitution expunged almost all rhetoric associated with the Cultural Revolution that had been inserted in 1975. It omitted all references to the Cultural Revolution and restated CCP Chairman Mao Zedong's contributions in accordance with a major historical reassessment.
The 1982 Constitution also made changes to the rights and freedoms of citizens. While the 1978 Constitution guaranteed freedom of speech, press, assembly, association, procession, and demonstration, it also guaranteed the right to strike and the "four big rights": the right to speak out freely, air views fully, hold great debates, and write big-character posters. The 1982 Constitution abolished the right to strike and the four big rights, which had been abolished in 1980 following the Democracy Wall period.
The 1982 Constitution also affirms, in legal form, the achievements of the struggles of the Chinese people of all ethnic groups. It stipulates that all ethnic groups shall have the freedom to use and develop their own spoken and written languages and to preserve or reform their traditions and customs.
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The constitution outlines China as a socialist state
The first Constitution of the People's Republic of China was declared in 1954, with the current version being adopted in 1982. The 1982 Constitution has been amended five times since its declaration. The Constitution of the People's Republic of China is the supreme law of the land and has supreme legal force.
The socialist economic system of China is based on socialist public ownership of the means of production, or ownership by the whole people and collective ownership by the working people. The state is responsible for safeguarding the unity and sanctity of the socialist legal system. All state organs, armed forces, political parties, social organizations, enterprises, and public institutions must abide by the Constitution and the law, and any violation must be held accountable.
The Constitution also stipulates that China implements basic political systems such as community-level self-governance and the regional ethnic autonomy system. It provides for a renewed and vital role for the Chinese People's Political Consultative Conference, minor political parties, and people's organizations. The Constitution guarantees freedom of speech, press, assembly, association, procession, and demonstration for the citizens of the People's Republic of China.
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The constitution establishes the leadership of the Chinese Communist Party (CCP)
The Constitution of the People's Republic of China was first adopted in 1954 and has been revised several times since, with the current version in place since 1982. The constitution establishes the country as a socialist state under the leadership of the Chinese Communist Party (CCP), also known as the Communist Party of China (CPC).
Article 1 of the constitution describes China as:
> "a socialist state under the people's democratic dictatorship,"
Meaning that the system is based on an alliance of the working classes—the workers and peasants—and is led by the CCP, which is described as the "vanguard of the working class."
The constitution also outlines the basic policies and structure of the Chinese government, including the roles of central and local state institutions, the system of people's congress, and the concept of democratic centralism. It establishes the leadership role of the CCP in several key areas, including the development of socialist democracy, the strengthening of a socialist legal system, and the promotion of economic and social development.
The CCP's constitution, which has also undergone several revisions, further emphasizes the party's leadership role. The 20th National Congress in 2022, for example, saw amendments that strengthened the status of both the CCP and Xi Jinping, with the party named as the "supreme political leadership force." The CCP's constitution also outlines the party's organizational structure, symbolism, and official ideology, which includes Marxism-Leninism and Mao Zedong Thought.
The leadership of the CCP is a defining feature of socialism with Chinese characteristics, and the party's constitution reflects this through its emphasis on centralization and cohesion. This has been particularly evident under Xi Jinping's leadership, which has been marked by a concentration of power and a highly personalized style of policymaking.
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Frequently asked questions
The first Constitution of the People's Republic of China was written in 1954.
The People's Republic of China has enacted four Constitutions in 1954, 1975, 1978, and 1982.
The current Constitution of the People's Republic of China was adopted in 1982 and has since been amended five times.
The 1982 Constitution provided a legal basis for broad changes in China's social and economic institutions and significantly revised the government structure. It re-established the posts of President and Vice President and imposed a two-term limit on all but the chair of the Central Military Commission.
