Malcolm Rivera
The Constitution of the People's Republic of China is the country's supreme law. It was first adopted in 1954 and has since undergone several revisions, with the current version being enacted in 1982 and amended five times. The Constitution outlines China's political system, including the leadership of the Chinese Communist Party (CCP), and provides for fundamental rights and freedoms such as freedom of speech and assembly. It also establishes the country's foreign policy principles, emphasising independence, mutual respect, non-aggression, and peaceful coexistence. China's Constitution is modelled after the 1936 Constitution of the Soviet Union, but with significant differences, such as the explicit forbiddance of secession.
| Characteristics | Values |
|---|---|
| Date of adoption | 4 December 1982 |
| Number of chapters | 4 |
| Number of articles | 143 |
| Nature of the People's Republic of China | A socialist state governed by a people's democratic dictatorship |
| Basis of the state | An alliance of workers and peasants |
| Leadership | Chinese Communist Party (CCP) |
| Type of state | Unitary multi-national |
| Rights guaranteed | Freedom of speech, press, assembly, association, procession, and demonstration |
| Rights removed | Right to strike, the "four big rights" |
| Amendments | 6 |
| Power to amend | National People's Congress |
| Power to remove from office | National People's Congress |
| Power to interpret the Constitution | Standing Committee of the National People's Congress |
| Power to enact and amend laws | Standing Committee of the National People's Congress |
| Foreign policy | Independent, peaceful development, mutually beneficial |
| Opposition | Imperialism, hegemonism, colonialism |
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What You'll Learn
- The National People's Congress has the power to remove the President and Vice President from office
- The Constitution guarantees freedom of speech, press, assembly, association, procession and demonstration
- China's foreign policy includes opposing imperialism, hegemonism and colonialism
- The Constitution establishes the leadership of the Chinese Communist Party (CCP)
- The 1982 Constitution re-established the posts of President and Vice President
The National People's Congress has the power to remove the President and Vice President from office
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China (PRC). The first Constitution was declared in 1954, with the current version being declared in 1982, after two intervening versions enacted in 1975 and 1978. The National People's Congress (NPC) is the highest organ of state power and is granted significant powers over the affairs of state.
The National People's Congress has the power to remove from office the President and Vice President of the People's Republic of China. This is outlined in Article 63 of the Constitution, which states that the NPC can remove the following personnel from office:
- The President and Vice President of the People's Republic of China
- The Premier, Vice Premiers, State Councilors, Ministers in charge of ministries or commissions, the Auditor General, and the Secretary-General of the State Council
- The Chairman of the Central Military Commission and other members of the Commission
- The President of the Supreme People's Court
- The Procurator General of the Supreme People's Procuratorate
The NPC is also the sole body able to change the state constitution and dismiss senior members of the executive. It is responsible for electing the Chinese President to a five-year term and making changes to the Chinese constitution. The NPC is composed of deputies from all parts of China, totalling just under 3,000. Amendments to the Constitution must be proposed by the Standing Committee of the NPC or by at least one-fifth of the NPC deputies and be adopted by a vote of at least two-thirds of the NPC deputies.
The Constitution of China outlines certain rights and freedoms for citizens, such as freedom of speech, press, assembly, association, procession, and demonstration. It also establishes the leadership of the Chinese Communist Party (CCP) and describes China as a "socialist state under the people's democratic dictatorship," led by the CCP and based on an alliance of the working classes. The Constitution also affirms China's independent foreign policy and its opposition to imperialism, hegemonism, and colonialism.
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The Constitution guarantees freedom of speech, press, assembly, association, procession and demonstration
The Constitution of the People's Republic of China was first declared in 1954, with the current constitution being adopted in 1982. It consists of 4 chapters and 143 articles, explaining the nature of the People's Republic of China and highlighting the concept of democratic centralism.
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 article is in line with Article 19 of the Universal Declaration of Human Rights (UDHR), which states that "everyone has the right to freedom of opinion and expression."
However, it is important to note that in practice, the ruling Chinese Communist Party (CCP) places significant restrictions on the exercise of freedom of speech, considering it potentially destabilizing to the regime. The CCP has sought to maintain dominance over all channels of communication, including the internet and social media.
The 1982 Constitution also 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. Additionally, it imposed term limits on leadership posts, with Deng imposing a two-term limit (totaling 10 years) on all positions except the chair of the Central Military Commission.
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China's foreign policy includes opposing imperialism, hegemonism and colonialism
The Constitution of the People's Republic of China, first declared in 1954 and last amended in 1982, outlines China's foreign policy. This includes opposing imperialism, hegemonism, and colonialism.
China's foreign policy is centred around an independent approach, observing the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in internal affairs, equality, and peaceful coexistence. China has consistently opposed imperialism, hegemonism, and colonialism, and strives to strengthen its solidarity with other countries, particularly those that are oppressed or developing.
Despite this, China has been criticised for engaging in "great-power chauvinism and hegemonism" by the Japanese Communist Party (JCP), who also criticised the CCP for its human rights record. China's foreign policy has also been criticised by Hong Kong's Trotskyist political organisation, Socialist Action, which accuses the CCP of political repression and economic colonisation of Hong Kong.
Additionally, China has been accused of media and cultural imperialism, with researchers focusing on the international expansion of Chinese internet companies and movie industries. Some Western and non-Western news media stories have framed China as an incipient media and cultural imperialist.
China's foreign policy has also been influenced by its alliance with US imperialism, particularly during the Cold War when China allied with the US to oppose Soviet imperialism. Chinese leaders have also sought to learn from European ruling classes to become a junior imperialist power.
Despite these criticisms and complexities, China's foreign policy remains focused on opposing imperialism, hegemonism, and colonialism, as outlined in its Constitution.
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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 since undergone several revisions, with the current version being enacted in 1982. This constitution establishes the leadership of the Chinese Communist Party (CCP) and outlines the country's commitment to socialism and a one-party state system.
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—in communist terminology, the workers and peasants—and is led by the Chinese Communist Party (CCP), the vanguard of the working class.
The CCP has governed China since its victory in the Chinese Civil War in 1949, during which it established the People's Republic of China under the chairmanship of Mao Zedong. The CCP has had sole control over the People's Liberation Army (PLA) and has worked to maintain relations with other communist states and non-communist parties worldwide.
The Constitution establishes the CCP's leadership as the "defining feature of socialism with Chinese characteristics," solidifying its one-party rule. The CCP's core ideology has evolved over time, with Marxism-Leninism as its first official ideology, followed by Mao Zedong Thought, and the addition of Deng Xiaoping Theory in 1992.
The 1982 Constitution provided a legal basis for significant changes in China's social and economic institutions and government structure. It re-established the posts of President and Vice President, imposed term limits, and outlined basic national policies. The Constitution also emphasises the role of the National People's Congress, which has the power to interpret, enforce, and amend the Constitution, as well as remove key personnel from office.
The CCP's leadership is further emphasised in the Constitution through its commitment to developing socialist democracy, balancing urban and rural development, and strengthening its capacity for governance. The Constitution also establishes the role of the Communist Youth League of China, which operates under the leadership of the CCP and aims to educate young people about socialism and communism.
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The 1982 Constitution re-established the posts of President and Vice President
The current Chinese constitution, established in 1982, re-established the posts of President and Vice President. The 1982 Constitution has been amended five times since its inception, with the most recent amendment in 2018. The 1982 Constitution provides a legal basis for broad changes in China's social and economic institutions and significantly revises the government structure. Notably, it reintroduces the positions of President and Vice President, which had been abolished in the 1975 and 1978 constitutions.
The National People's Congress, as outlined in Article 62 of the 1982 Constitution, is responsible for electing the President and Vice President of the People's Republic of China. Eligible candidates for these positions must be citizens of the PRC with the right to vote and stand for election, and they must be at least 45 years old. The Vice President's role, as described in Article 82, is to assist the President and exercise any functions or powers delegated to them by the President.
The 1982 Constitution also outlines the powers of the National People's Congress, which include interpreting and enforcing the Constitution, enacting and amending laws, and removing certain officials from office. The Congress can remove the President and Vice President from office, as well as other key figures such as the Premier, Vice Premiers, and ministers. Amendments to the Constitution must be proposed by the National People's Congress Standing Committee or by at least one-fifth of the National People's Congress deputies and adopted by a two-thirds majority vote.
The 1982 Constitution also introduced a two-term limit (totaling 10 years) on key leadership positions, excluding the chair of the Central Military Commission. This was a significant change from the previous situation, where there were no term limits on these posts. The Constitution also expunged rhetoric associated with the Cultural Revolution and omitted all references to it, instead emphasising the contributions of CCP Chairman Mao Zedong.
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Frequently asked questions
The Constitution of the People's Republic of China.
A socialist state under the people's democratic dictatorship.
The 1936 Constitution of the Soviet Union.
The Chinese Constitution explicitly forbids secession.
Mutual respect for sovereignty and territorial integrity, mutual non-aggression, mutual non-interference in internal affairs, equality and mutual benefit, and peaceful coexistence.
