Isabella Carter
The Constitution of the People's Republic of China is the supreme law of the land. It was first adopted in 1954 and has since undergone several revisions, with the current version being enacted in 1982. This version has been amended five times. The Constitution establishes China as a socialist state under the leadership of the Chinese Communist Party (CCP) and enshrines the country's commitment to democratic centralism, construction of modernity, and the protection of basic rights. It outlines the relationship between the central and local governments, with the central government taking the lead while encouraging local government initiative. The Constitution also emphasises China's independent foreign policy and its opposition to imperialism, hegemonism, and colonialism. It grants the National People's Congress the power to remove key government officials from office and outlines the functions and powers of the Standing Committee of the National People's Congress, including interpreting and enforcing the Constitution.
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What You'll Learn
- China's constitution is amended every five years
- The constitution is based on the 1936 Constitution of the Soviet Union
- The constitution establishes the Chinese Communist Party's leadership
- The constitution guarantees freedom of speech, press, assembly, and association
- The constitution outlines China's independent foreign policy
China's constitution is amended every five years
China's current constitution was adopted in 1982, and it has been amended five times since. The constitution is amended every five years to reflect the "current situation" of the world. The National People's Congress has the power to amend the constitution, and it must 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.
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 a two-term limit (10 years total) on all but the chair of the Central Military Commission.
The 1982 Constitution expunged almost all of the rhetoric associated with the Cultural Revolution that had been inserted in 1975. Instead, it omitted all references to the Cultural Revolution and restated CCP Chairman Mao Zedong's contributions in accordance with a major historical reassessment.
The National People's Congress has the power to recall or remove from office the President, Vice-President, Premier, Vice-Premiers, State Councilors, Ministers, Chairperson of the Central Military Commission, Chairperson of the National Commission of Supervision, President of the Supreme People's Court, and Procurator General of the Supreme People's Procuratorate.
The Standing Committee of the National People's Congress has the power to interpret the Constitution, supervise its enforcement, and enact and amend laws, with the exception of those that should be enacted by the National People's Congress. It can also partially supplement and amend laws enacted by the National People's Congress when it is not in session, provided that the basic principles of those laws are not contravened.
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The constitution is based on the 1936 Constitution of the Soviet Union
The 1982 State Constitution of the People's Republic of China was modelled on the 1936 Constitution of the Soviet Union, also known as the Stalin Constitution. The 1936 Constitution was the second iteration of the USSR's constitution, the first having been issued shortly after Lenin's death in 1924. The Stalin Constitution was designed to consolidate the principles of the new socialist state and present an attractive image for both domestic and international consumption.
The 1936 Constitution of the Soviet Union established the USSR as a socialist state of workers and peasants, with all power belonging to the working people of town and country. The political foundation of the USSR was the Soviets of Working People's Deputies, which had grown strong as a result of the overthrow of the landlords and capitalists and the achievement of the dictatorship of the proletariat. The Stalin Constitution introduced universal, equal, and direct suffrage with voting by secret ballot, and all citizens were granted equal rights for labour and rest, financial support in old age and sickness, and the liberty of conscience, the freedom of speech, of the press, of assembly, and of meetings.
The 1982 Constitution of the People's Republic of China provided a legal basis for broad changes in China's social and economic institutions and significantly revised the government structure. The 1982 Constitution re-established the posts of President and Vice President, which had been abolished in the 1975 and 1978 Constitutions. While the Soviet Constitution contains an explicit right of secession, the Chinese Constitution explicitly forbids it. The Soviet Constitution formally creates a federal system, while the Chinese Constitution establishes a unitary multi-national state.
Despite these differences, the Chinese Constitution draws heavily from the Soviet model. Both constitutions emphasise the importance of a socialist economy and the role of the working class. The Chinese Constitution describes China as "a socialist state under the people's democratic dictatorship" led by the Chinese Communist Party (CCP), which is analogous to the Soviet Union's establishment as a "socialist state of workers and peasants" with power belonging to the working people.
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The constitution establishes the Chinese Communist Party's leadership
The Constitution of the People's Republic of China establishes the country as 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". This socialist state is led by the Chinese Communist Party (CCP), which has governed China since its victory in the Chinese Civil War and the proclamation of the People's Republic of China (PRC) in 1949.
The CCP's leadership is enshrined in Article 1 of the Constitution, which describes China as "a socialist state under the people's democratic dictatorship". This means that the system is based on an alliance of the working classes—the workers and peasants—and is led by the CCP, the vanguard of the working class. The Constitution further outlines the CCP's role in leading the Chinese people in developing socialist democracy and preserving the organic unity of the country.
The CCP's leadership is also reflected in the Constitution's provisions on the role of the state and its institutions. The Constitution establishes the central government's leadership over local governments, with Article 3 stating that the "division of responsibility and power between the central and local government is governed under the unified leadership of the central government". The Constitution also outlines the basic national policies and establishes the role of the National People's Congress in interpreting and enforcing the Constitution, as well as enacting and amending laws.
Furthermore, the Constitution outlines the CCP's control over the armed forces of the People's Republic of China, which belong to the people and have missions such as strengthening national defence, resisting aggression, and defending the motherland. The state is responsible for making the armed forces more revolutionary, modernised, and better regulated to strengthen national defence capabilities.
The Constitution of the PRC has undergone several revisions, with the current version adopted in 1982 and subsequently 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, including the re-establishment of the posts of President and Vice President with term limits.
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The constitution guarantees freedom of speech, press, assembly, and association
The Constitution of the People's Republic of China is the supreme law of the land. The current constitution was adopted in 1982, with five subsequent revisions. Notably, the 1982 Constitution provided a legal basis for significant changes in China's social and economic institutions and substantially revised the government structure.
Article 35 of the 1982 Constitution guarantees 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." This language mirrors Article 19 of the Universal Declaration of Human Rights (UDHR), which asserts that "everyone has the right to freedom of opinion and expression."
However, in practice, the Chinese Communist Party (CCP) imposes substantial restrictions on the exercise of these freedoms, considering them potentially destabilising to the regime. While the CCP has, in recent years, demonstrated some tolerance for criticism, this is largely limited to certain categories of people, often referred to as a "free-speech elite." This group primarily includes senior government and Communist Party leaders, those with the patronage of such leaders, and, to a lesser extent, academics and journalism professionals.
Furthermore, China is one of the few countries with laws requiring individuals to possess wealth before publishing a newspaper or magazine. Article 11 of China's Publishing Regulations mandates that anyone wishing to publish a periodical must have registered capital of at least RMB 300,000 (approximately US$35,000), a significant amount that effectively limits the ability to publish.
The inclusion of freedom of speech in the 1982 Constitution was part of a broader reform trajectory. The term "news reform" gained traction in the early 1980s, reflecting a growing conviction that strict controls over the press and ideology had contributed to painful political extremes in the preceding decades. However, the events of 1989 marked a turning point, leading to a new regime of speech controls and a renewed emphasis on the CCP's dominance over all channels of communication, including the emerging internet and social media platforms.
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The constitution outlines China's independent foreign policy
The Constitution of the People's Republic of China outlines the country's commitment to an independent foreign policy. This is reflected in Article 1, which describes China as "a socialist state under the people's democratic dictatorship", with the Chinese Communist Party (CCP) as its leader.
China's independent foreign policy is characterised by five principles: mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence. These principles guide China's approach to developing diplomatic relations and cultural and economic exchanges with other nations.
In pursuing an independent foreign policy, China actively opposes imperialism, hegemonism, and colonialism. It works to strengthen unity and solidarity with other countries, particularly those that have experienced oppression or are in the process of economic development. China also promotes world peace and supports the progress of humanity.
The Constitution also outlines China's approach to foreign enterprises and investments. While the country permits foreign enterprises, economic organisations, and individuals to invest in China and collaborate with Chinese enterprises, these entities must abide by Chinese laws.
Furthermore, the Constitution grants the People's Republic of China the authority to provide asylum to foreigners who request it for political reasons. This aspect of China's foreign policy reflects its commitment to protecting the rights and interests of foreigners within its territory.
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Frequently asked questions
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China (PRC). It lays down the law, assigns duties to different organs of the government, and is the "written" constitution.
The first Constitution of the People's Republic of China was declared in 1954. The current Constitution was adopted on December 4, 1982, with five subsequent revisions.
The Constitution outlines China as a "socialist state" with a system based on an alliance of the working classes (the workers and peasants) and led by the Chinese Communist Party (CCP). It highlights the concept of democratic centralism and establishes the CCP's leadership.
The Chinese Constitution is amended every five years to reflect the "current situation" of the world. Amendments must be proposed by the National People's Congress Standing Committee or at least one-fifth of the National People's Congress deputies and adopted by a two-thirds majority vote.
The Constitution stipulates the relationship between the central and local governments, with the central government taking the lead. It outlines the basic national policies, the role of the armed forces in defending the nation and serving the people, and the administrative divisions of the country. It also grants the National People's Congress the power to remove key personnel from office, including the President, Vice President, and various ministers.
