Omar Bennett
The Constitution of the People's Republic of China was first declared in 1954, with the current version being enacted in 1982. This constitution has been amended five times, with the most recent revision taking place in 2004. While the constitution grants various freedoms and rights to citizens, such as freedom of speech, assembly, and religious belief, it also imposes obligations on citizens, including safeguarding national unity and protecting public property. The constitution establishes a socialist economic system, with public ownership of the means of production, and affirms China's independent foreign policy and opposition to imperialism and colonialism. However, the legal applicability of the Chinese constitution is debated, and the country's political system has been characterized as a one-party state, with the Chinese Communist Party (CCP) holding supreme authority and a history of violating constitutional provisions.
| Characteristics | Values |
|---|---|
| Date of current constitution | 1982 |
| Number of constitutions | 4 |
| Previous constitution | 1978 |
| First constitution | 1954 |
| Basis of constitution | 1936 Constitution of the Soviet Union |
| Constitutional review and enforcement | Constitution and Law Committee of the National People's Congress |
| Constitutional amendments | 5 |
| Constitutional rights | Freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom of procession, freedom of demonstration, freedom of religious belief, universal suffrage |
| Constitutional obligations | Abide by the Constitution and the law, keep state secrets, protect public property, observe discipline in the workplace, observe public order, respect social morality, safeguard national unity, safeguard the security, honour and interests of the motherland |
| Constitutional powers | National legislative power vested in the National People's Congress and its Standing Committee |
| Constitutional authority | The National Party Congress is the highest decision-making body |
| Constitutional leadership | The Chinese Communist Party (CCP) |
| Constitutional status | One-party state |
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What You'll Learn
- The Chinese constitution establishes one-party rule led by the CCP
- The constitution has faced opposition from the People's Republic of China and the United States due to Taiwan's independence
- Courts cannot invalidate a statute on the grounds of unconstitutionality, unlike Western legal systems
- The constitution protects human rights and private property
- The constitution forbids secession, unlike the Soviet constitution
The Chinese constitution establishes one-party rule led by the CCP
The Chinese Constitution, first declared in 1954 and currently enforced from 1982, establishes one-party rule led by the Chinese Communist Party (CCP). The CCP emerged victorious in the Chinese Civil War against the Kuomintang and proclaimed the establishment of the People's Republic of China (PRC) under the chairmanship of Mao Zedong in October 1949. The CCP has governed China with sole control over the People's Liberation Army (PLA) since its victory in the Civil War. The 1954 Constitution of the PRC abolished the previous coalition government and established the CCP's one-party system.
Article 1 of the Constitution describes China as "a socialist state under the people's democratic dictatorship," led by the working class and based on an alliance of workers and peasants. It is important to note that the Chinese Constitution is modelled after the 1936 Constitution of the Soviet Union, but with significant differences. While the Soviet Constitution contains an explicit right of secession, the Chinese Constitution forbids it. The Soviet Constitution creates a federal system, whereas the Chinese Constitution establishes a unitary multi-national state.
The Chinese Constitution has been amended multiple times to further cement the CCP's control and supremacy. For example, the 2018 amendment removed term limits for the President and Vice President, enabling Xi Jinping to remain president indefinitely. Additionally, the CCP has a documented history of violating the Constitution's provisions and censoring calls for greater constitutional protections.
The Constitution also outlines the fundamental rights and obligations of citizens. It guarantees freedoms of speech, the press, assembly, association, procession, demonstration, and religious belief. However, citizens must exercise these freedoms without undermining the interests of the state, society, or collectives, and must abide by the Constitution, keep state secrets, protect public property, and safeguard national unity.
In conclusion, the Chinese Constitution, through its establishment of a "people's democratic dictatorship" and centralisation of power in the CCP, provides the legal framework for one-party rule in China. The CCP's control has been strengthened through constitutional amendments, and it has utilised its position to pursue policies such as the Anti-Rightist Campaign and the Great Leap Forward, which have had significant impacts on the country's political and economic landscape.
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The constitution has faced opposition from the People's Republic of China and the United States due to Taiwan's independence
The Constitution of the Republic of China was intended for the entire territory of the Republic of China, but it was never effectively implemented due to the Chinese Civil War. The ROC government retreated to Taiwan, and the country became an authoritarian one-party state. Democratization began in the 1980s, and the Constitution was last amended in 2005.
During the 1990s and early 2000s, supporters of Taiwan's independence pushed for a new Taiwanese constitution because of the existing constitution's origins in mainland China. The Democratic Progressive Party administration attempted to create a new constitution, but these efforts failed due to opposition from the Kuomintang, which controlled the Legislative Yuan.
The proposal to implement an entirely new constitution faced strong opposition from the People's Republic of China and unease from the United States. Both feared that rewriting the constitution was an attempt to achieve Taiwan's independence and sever historic links to mainland China. In December 2003, the United States announced its opposition to any referendum that would move Taiwan toward formal "independence".
The Pan-Blue Coalition argued that a new constitution was unnecessary and that inefficiencies in the ROC Constitution could be improved through the normal legislative process. In his May 2004 inaugural address, Chen called for a "Constitutional Reform Committee" to be formed by members of the ruling party, opposition parties, legal experts, and scholars. However, this proposal went nowhere due to a lack of cooperation from the opposition Pan-Blue.
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Courts cannot invalidate a statute on the grounds of unconstitutionality, unlike Western legal systems
The Constitution of the People's Republic of China was first declared in 1954, with the current version being enacted in 1982. This constitution is based on the 1936 Constitution of the Soviet Union, with some key differences. Notably, China's constitution explicitly forbids secession, while the Soviet constitution includes an explicit right to secession.
While the Chinese constitution outlines various rights and freedoms for citizens, such as freedom of speech, assembly, and religious belief, it also imposes certain obligations. Citizens must abide by the law, protect public property, maintain discipline, and respect social morality. Additionally, when exercising their rights, citizens cannot undermine the interests of the state or infringe upon the rights of others.
Unlike Western legal systems, Chinese courts do not have the power of judicial review. This means that courts cannot invalidate a statute on the grounds that it violates the constitution. Instead, since 2002, constitutional review and enforcement have been the responsibility of a special committee within the National People's Congress (NPC) called the Constitution and Law Committee. This committee has never explicitly ruled a law or regulation as unconstitutional. However, in one instance, public pressure and media outcry led to the State Council rescinding regulations that allowed police to detain individuals without residency permits.
The Chinese Communist Party (CCP), which leads the country according to the constitution, has been accused of violating constitutional provisions. There have been attempts to create a new Taiwanese constitution, separate from mainland China, but these have been opposed by both the PRC and the United States, which see it as a push for Taiwan's independence.
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The constitution protects human rights and private property
The Constitution of the People's Republic of China was first declared in 1954, with the current version being enacted in 1982. The 1982 Constitution has subsequently been amended five times, with the most recent revision taking place in 2018. This constitution is based on the 1936 Constitution of the Soviet Union, with some significant differences. Notably, the Chinese constitution explicitly forbids secession, creating a unitary multi-national state.
The Constitution of the People's Republic of China includes provisions that protect human rights and private property. According to Article 34 and 35, citizens have the right to vote and stand for elections, freedom of speech, assembly, association, procession, and demonstration, as well as freedom of religious belief. The Constitution also guarantees that "legally obtained private property of the citizens shall not be violated".
However, the practical implementation of these constitutional rights is debated. While the Constitution enshrines the rule of law, the Communist Party (CCP) asserts that its authority supersedes that of the law. This contradiction results in a lack of independence for the judiciary, with judges facing political pressure and private party committees dictating the outcomes of certain cases.
Additionally, independent organizations such as Amnesty International and Human Rights Watch have presented evidence of the PRC violating the freedoms of speech, movement, and religion of its citizens. The PRC authorities claim improvement in human rights, but their definition is dependent on "national culture" and the country's level of development.
Furthermore, the Constitution also imposes certain restrictions on citizens' freedoms and rights. For example, citizens must not undermine the interests of the state, society, or collectives, and must protect public property and state secrets. These restrictions, along with the CCP's interpretation of the "Four Cardinal Principles", have been used as a legal basis for the arrest of individuals who allegedly seek to overthrow the government.
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The constitution forbids secession, unlike the Soviet constitution
The Constitution of the People's Republic of China is the supreme law of the land. It was first declared in 1954, with the current version being adopted in 1982. The Constitution has been amended five times since 1982, with the most recent revision taking place in 2004.
The Chinese Constitution is modelled after the 1936 Constitution of the Soviet Union, but there are significant differences. One notable difference is that while the Soviet Constitution contains an explicit right of secession, the Chinese Constitution explicitly forbids it. The Soviet Constitution establishes a federal system, whereas the Chinese Constitution establishes a unitary multi-national state.
The Chinese Constitution describes China as:
> a country with one of the longest histories in the world. The people of all of China's nationalities have jointly created a culture of grandeur and have a glorious revolutionary tradition.
This preamble dates China's revolutionary history as beginning in 1840. Article 1 of the Constitution further 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 Chinese Constitution also outlines the basic national policies and establishes the leadership of the CCP. It stipulates that central and local state institutions work under the system of the people's congress and outlines basic political systems such as community-level self-governance and regional ethnic autonomy.
The Constitution guarantees certain rights to Chinese citizens, such as freedom of speech, freedom of the press, freedom of assembly, and freedom of religious belief. However, citizens must also fulfil certain obligations, such as safeguarding national unity and the security of the country.
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Frequently asked questions
The Chinese constitution establishes one-party rule by enshrining the leadership of the CCP as the "defining feature of socialism with Chinese characteristics". The constitution also permits the appointment of vice-premiers, a secretary-general, and councillors of state and heads of ministries and commissions.
The Chinese constitution grants all national legislative power to the National People's Congress and its Standing Committee. It also guarantees human rights and the right to private property. The constitution also includes a birth planning policy known as the one-child policy.
The first Constitution of the People's Republic of China was declared in 1954. The current version was declared in 1982 and has been amended five times since then. The 1982 Constitution removed all references to the Cultural Revolution and included guarantees of human rights and private property.
