Constitution of China 英文版
CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA
(Full text after amendment on March 14, 2004)
(Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Announcement of the National People's
Congress on December 4, 1982
Amended in accordance with the Amendments to the Constitution of the People's Republic of China adopted respectively at the First Session of the Seventh National People's Congress on April 12, 1988, the First Session of the Eighth National People's Congress on March 29, 1993, the Second Session of the Ninth National People's Congress on March 15, 1999 and the Second Session of the Tenth National People's
Congress on March 14, 2004)
Preamble
China is 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.
After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom.
Great and earthshaking historical changes have taken place in China in the 20th century.
The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.
After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the
New-Democratic Revolution and founded the People’s Republic of China. Since then the Chinese people have taken control of state power and become masters of the country.
After the foundin g of the People’s Republic, China gradually achieved its transition from a New-Democratic to a socialist society. The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of man by man abolished and the socialist system established. The people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. T he Chinese people and the Chinese People’s Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China’s national independence and security and strengthened its national defence. Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific and cultural undertakings, while education in socialist ideology has produced noteworthy results. The life of the people has improved considerably.
The victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of Chinese-style socialism. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship a nd the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions,
develop the socialist market economy, develop socialist democracy, improve the socialist legal system and work hard and self-reliantly to modernize the country’s industry, agriculture, national defence and science and technology step by step and promote the coordinated development of the material, political and spiritual civilizations, to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced.
The exploiting classes as such have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China’s socialist system and try to undermine it.
Taiwan is part of the sacred territory of the People’s Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.
In building socialism it is essential to rely on workers, peasants and intellectuals and to unite all forces that can be united. In the long years of revolution and construction, there has been formed under the leadership of the Communist Party of China a broad patriotic united front which is composed of the democratic parties and people’s organizations and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland. This united front will continue to be consolidated and developed. The Chinese People’s Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country’s political and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The system of the multi-party cooperation and political consultation led by the Communist Party of China will exist and develop for a long time to come.
The People’s Republic of China is a unitary mul ti-national State created jointly by the people of all its nationalities. Socialist relations of equality, unity and mutual assistance have been established among the nationalities and will continue to be
strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and to combat local national chauvinism. The State will do its utmost to promote the common prosperity of all the nationalities.
China’s achievements in revolut ion and construction are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy and adheres to the five principles of 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 in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.
This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the State; it is the fundamental law of the State and has supreme legal authority. The people of all nationalities, all State organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.
Chapter I General Principles
Article 1The People’s Republic of China is a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants.
The socialist system is the basic system of the People’s Republic of China. Disruption of the socialist system by any organization or individual is prohibited.
Article 2All power in the People’s Republic of China belongs to the people.
The National People’s Congress and the local people’s congresses at various levels are the organs through which the people exercise state power.
The people administer State affairs and manage economic and cultural undertakings and social affairs through various channels and in various ways in accordance with the provisions of law.
Article 3The State organs of the People’s Republ ic of China apply the principle of democratic centralism.
The National People’s Congress and the local people’s congresses at various levels are constituted through democratic elections. They are responsible to the people and subject to their supervision.
All administrative, judicial and procuratorial organs of the State are created by the people’s congresses to which they are responsible and by which they are supervised.
The division of functions and powers between the central and local State organs is guided by the principle of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.
Article 4All nationalities in the People’s Republic of China are equal. The State protects the lawful rights and interests of the minority nationalities and upholds and develops a relationship of equality, unity and mutual assistance among all of China’s nationalities. Discrimination against and oppression of any nationality are prohibited; any act which undermines the unity of the nationalities or instigates division is prohibited.
The State assists areas inhabited by minority nationalities in accelerating their economic and cultural development according to the characteristics and needs of the various minority nationalities.
Regional autonomy is practised in areas where people of minority nationalities live in concentrated communities; in these areas organs of self-government are
established to exercise the power of autonomy. All national autonomous areas are integral parts of the People’s Republic of China.
All nationalities have the freedom to use and develop their own spoken and written languages and to preserve or reform their own folkways and customs.
Article 5The People’s Republic of China governs the country according to law and makes it a socialist country under rule of law.
The State upholds the uniformity and dignity of the socialist legal system.
No laws or administrative or local regulations may contravene the Constitution.
All State organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and other laws. All acts in violation of the Constitution or other laws must be investigated.
No organization or individual is privileged to be beyond the Constitution or other laws.
Article 6 The basis o f the socialist economic system of the People’s Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of “from each according to his ability, to each according to his work”.
In the primary stage of socialism, the State upholds the basic economic system in which the public ownership is dominant and diverse forms of ownership develop side by side and keeps to the distribution system in which distribution according to work is dominant and diverse modes of distribution coexist.
Article 7The State-owned economy, namely, the socialist economy under ownership by the whole people, is the leading force in the national economy. The State ensures the consolidation and growth of the State-owned economy.
Article 8 The rural collective economic organizations apply the dual operation system characterized by the combination of centralized operation with decentralized operation on the basis of operation by households under a contract. In rural areas, all forms of cooperative economy, such as producers’, supply and marketing, credit and
consumers’ cooper atives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock.
The various forms of cooperative economy in cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people.
The State protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy.
Article 9All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources are owned by the State, that is, by the whole people, with the exception of the forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives as prescribed by law.
The State ensures the rational use of natural resources and protects rare animals and plants. Appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited.
Article 10 Land in the cities is owned by the State.
Land in the rural and suburban areas is owned by collectives except for those portions which belong to the State as prescribed by law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives.
The State may, in the public interest and in accordance with law, expropriate or requisition land for its use and make compensation for the land expropriated or requisitioned.
No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law.
All organizations and individuals using land must ensure its rational use.
Article 11The non-public sectors of the economy such as the individual and private sectors of the economy, operating within the limits prescribed by law, constitute an important component of the socialist market economy.
The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy. The State encourages, supports and guides the development of the non-public sectors of the economy and, in accordance with law, exercises supervision and control over the non-public sectors of the economy.
Article 12 Socialist public property is inviolable.
The State protects socialist public property. Appropriation or damaging of State or collective property by any organization or individual by whatever means is prohibited. Article 13 Citizens’ lawful private property is inviolable.
The State, in accordance with law, protects the rights of citizens to private property and to its inheritance.
The State may, in the public interest and in accordance with law, expropriate or requisition private property for its use and make compensation for the private property expropriated or requisitioned.
Article 14The State continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving the organization of work.
The State practises strict economy and combats waste.
The State properly apportions accumulation and consumption, concerns itself with the interests of the collective and the individual as well as of the State and, on the basis of expanded production, gradually improves the material and cultural life of the people.
The State establishes a sound social security system compatible with the level of economic development.
Article 15 The State practises socialist market economy.
The State strengthens economic legislation, improves macro-regulation and control.
The State prohibits in accordance with law any organization or individual from disturbing the socio-economic order.
Article 16 State-owned enterprises have decision-making power with regard to their operation within the limits prescribed by law.
State-owned enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with law.
Article 17Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws.
Collective economic organizations practise democratic management and, in accordance with law, elect or remove their managerial personnel and decide on major issues concerning operation and management.
Article 18The People’s Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic cooperation with Chinese enterprises and other Chinese economic organizations in accordance with the provisions of the laws of the People’s Republic of China.
All foreign enterprises, other foreign economic organizations as well as Chinese-foreign joint ventures within Chinese territory shall abide by the laws of the People’s Republic of China. Their lawful rights and interests are protected by the laws of the People’s Republic of China.
Article 19The State undertakes the development of socialist education and works to raise the scientific and cultural level of the whole nation.
The State establishes and administers schools of various types, universalizes compulsory primary education and promotes secondary, vocational and higher education as well as pre-school education.
The State develops educational facilities in order to eliminate illiteracy and provide political, scientific, technical and professional education for workers, peasants, State functionaries and other working people. It encourages people to become educated through independent study.
The State encourages the collective economic organizations, State enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with law.
The State promotes the nationwide use of Putonghua [common speech based on Beijing pronunciation--Tr.].
Article 20The State promotes the development of the natural and social sciences, disseminates knowledge of science and technology, and commends and rewards achievements in scientific research as well as technological innovations and inventions.
Article 21The State develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, State enterprises and institutions and neighbourhood organizations, and promotes health and sanitation activities of a mass character, all for the protection of the people’s health.
The State develops physical culture and promotes mass sports activities to improve the people’s physical fitness.
Article 22 The State promotes the development of art and literature, the press, radio and television broadcasting, publishing and distribution services, libraries, museums, cultural centres and other cultural undertakings that serve the people and socialism, and it sponsors mass cultural activities.
The State protects sites of scenic and historical interest, valuable cultural monuments and relics and other significant items of China’s historical and cultural heritage.
Article 23The State trains specialized personnel in all fields who serve socialism, expands the ranks of intellectuals and creates conditions to give full scope to their role in socialist modernization.
Article 24The State strengthens the building of a socialist society with an advanced culture and ideology by promoting education in high ideals, ethics, general knowledge, discipline and the legal system, and by promoting the formulation and observance of rules of conduct and common pledges by various sections of the people in urban and rural areas.
The State advocates the civic virtues of love of the motherland, of the people, of labour, of science and of socialism. It conducts education among the people in patriotism and collectivism, in internationalism and communism and in dialectical and historical materialism, to combat capitalist, feudal and other decadent ideas.
Article 25 The State promotes family planning so that population growth may fit the plans for economic and social development.
Article 26The State protects and improves the environment in which people live and the ecological environment. It prevents and controls pollution and other public hazards.
The State organizes and encourages afforestation and the protection of forests.
Article 27All State organs carry out the principle of simple and efficient administration, the system of responsibility for work and the system of training functionaries and appraising their performance in order constantly to improve the quality of work and efficiency and combat bureaucratism.
All State organs and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and do their best to serve them.
Article 28The State maintains public order and suppresses treasonable and other criminal activities that endanger State security; it penalizes criminal activities that endanger public security and disrupt the socialist economy as well as other criminal activities; and it punishes and reforms criminals.
Article 29The armed fo rces of the People’s Republic of China belong to the people. Their tasks are to strengthen national defence, resist aggression, defend the motherland, safeguard the people’s peaceful labour, participate in national reconstruction and do their best to serve the people.
The State strengthens the revolutionization, modernization and regularization of the armed forces in order to increase national defence capability.
Article 30The administrative division of the People’s Republic of China is as follows:
(1) The country is divided into provinces, autonomous regions, and municipalities directly under the Central Government;
(2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities; and
(3) Counties and autonomous counties are divided into townships, nationality townships, and towns.
Municipalities directly under the Central Government and other large cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities.
All autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas.
Article 31The State may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People’s Congress in the light of specific conditions.
Article 32The People’s Republic of China protects the lawful rights and interests of foreigners within Chinese territory; foreigners on Chinese territory must abide by the laws of the People’s Republic of China.
The People’s Republic of China may grant asylum to foreigners who request it for political reasons.
Chapter II The Fundamental Rights and Duties of Citizens
Article 33All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China.
All citizens of the People’s Republic of China are equal before the law.
The State respects and preserves human rights.
Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and other laws.
Article 34All citizens of the People’s Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except persons deprived of political rights according to law.
Article 35Citizens of the People’s Republic of China enjo y freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Article 36Citizens of the People’s Republic of China enjoy freedom of religious belief.
No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The State protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.
Religious bodies and religious affairs are not subject to any foreign domination.
Article 37Freedom of the person of citizens of the People’s Repu blic of China is inviolable.
No citizen may be arrested except with the approval or by decision of a people’s procuratorate or by decision of a people’s court, and arrests must be made by a public security organ.
Unlawful detention or deprivation or restri ction of citizens’ freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.
Article 38The personal dignity of citizens of the People’s Republic of China is inviolable. Insult, libel, false accusation or false incrimination directed against citizens by any means is prohibited.
Article 39The residences of citizens of the People’s Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen’s residence is prohibited.
Article 40 Fre edom and privacy of correspondence of citizens of the People’s Republic of China are protected by law. No organization or individual may, on any ground, infringe upon citizens’ freedom and privacy of correspondence, except in cases where, to meet the needs of State security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with the procedures prescribed by law.
Article 41Citizens of the People’s Republic of China have the right to criticize and make suggestions regarding any State organ or functionary. Citizens have the right to make to relevant State organs complaints or charges against, or exposures of, any State organ or functionary for violation of law or dereliction of duty; but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited.
The State organ concerned must, in a responsible manner and by ascertaining the facts, deal with the complaints, charges or exposures made by citizens. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them.
Citizens who have suffered losses as a result of infringement of their civic rights by any State organ or functionary have the right to compensation in accordance with the provisions of law.
Article 42Citizens of the People’s Republic of China have the right as well as the duty to work.
Through various channels, the State creates conditions for employment, enhances occupational safety and health, improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits.
Work is a matter of honour for every citizen who is able to work. All working people in State-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The State promotes socialist labour emulation, and commends and rewards model and advanced workers. The State encourages citizens to take part in voluntary labour.
The State provides necessary vocational training for citizens before they are employed.
Article 43Working people in the People’s Republic of China have the right to rest.
The State expands facilities for the rest and recuperation of the working people and prescribes working hours and vacations for workers and staff.
Article 44The State applies the system of retirement for workers and staff members of enterprises and institutions and for functionaries of organs of State according to law. The livelihood of retired persons is ensured by the State and society.
Article 45Citizens of the People’s Republic of China have the right to material assistance from the State and society when they are old, ill or disabled. The State develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right.
The State and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel.
The State and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens.
Article 46 Citizens of the P eople’s Republic of China have the duty as well as the right to receive education.
The State promotes the all-round development of children and young people, morally, intellectually and physically.
Article 47Citizens of the People’s Republic of China hav e the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits.
The State encourages and assists creative endeavours conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work.
Article 48Women in the People’s Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life.
The State protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.
Article 49 Marriage, the family and mother and child are protected by the State.
Both husband and wife have the duty to practise family planning.
Parents have the duty to rear and educate their children who are minors, and children who have come of age have the duty to support and assist their parents.
Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.
Article 50The People’s Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.
Article 51Citizens of the People’s Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the State, of society or of the collective, or upon the lawful freedoms and rights of other citizens.
Article 52It is the duty of citizens of the People’s Republic of China to safeguard the unification of the country and the unity of all its nationalities.
Article 53Citizens of the People’s Republic of China must abide by the Constitution and other laws, keep State secrets, protect public property, observe labour discipline and public order and respect social ethics.
Article 54It is the duty of citizens of the Peopl e’s Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland.
Article 55It is the sacred duty of every citizen of the People’s Republ ic of China to defend the motherland and resist aggression.
It is the honourable duty of citizens of the People’s Republic of China to perform military service and join the militia in accordance with law.
Article 56It is the duty of citizens of the People’s Republic of China to pay taxes in accordance with law.
Chapter III The Structure of the State
Section 1 The National People's Congress
Article 57The National People’s Congress of the People’s Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People’s Congress.
Article 58The National People’s Congress and its Standing Committee exer cise the legislative power of the State.
Article 59The National People’s Congress is composed of deputies elected from the provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions, and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation.
Election of deputies to the National People’s Congress is conducted by the Standing Committee of the National People’s Congress.
The number of d eputies to the National People’s Congress and the procedure of their election are prescribed by law.
Article 60The National People’s Congress is elected for a term of five years.
The Standing Committee of the National People’s Congress must ensure the com pletion of election of deputies to the succeeding National People’s Congress two months prior to the expiration of the term of office of the current National People’s Congress. Should extraordinary circumstances prevent such an election, it may be postpone d and the term of office of the current National People’s Congress extended by the decision of a vote of more than two-thirds of all those on the Standing
Committee of the current National People’s Congress. The election of deputies to the succeeding Natio nal People’s Congress must be completed within one year after the termination of such extraordinary circumstances.
Article 61The National People’s Congress meets in session once a year and is convened by its Standing Committee. A session of the National P eople’s Congress may be convened at any time the Standing Committee deems it necessary or when more than one-fifth of the deputies to the National People’s Congress so propose.
When the National People’s Congress meets, it elects a Presidium to conduct its session.
Article 62The National People’s Congress exercises the following functions and powers:
(1) to amend the Constitution;
(2) to supervise the enforcement of the Constitution;
(3) to enact and amend basic laws governing criminal offences, civil affairs, the State organs and other matters;
(4) to elect the President and the Vice-President of the People’s Republic of China;
(5) to decide on the choice of the Premier of the State Council upon nomination by the President of the People’s Republic of C hina, and on the choice of the Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier;
(6) to elect the Chairman of the Central Military Commission and, upon nomination by the Chairman, to decide on the choice of all other members of the Central Military Commission;
(7) to elect the President of the Supreme People’s Court;
(8) to elect the Procurator-General of the Supreme People’s Procuratorate;
(9) to examine and approve the plan for national economic and social development and the report on its implementation;
(10) to examine and approve the State budget and the report on its implementation;
(11) to alter or annul inappropriate decisions of the Standing Committee of the National People’s Congress;
(12) to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government;
(13) to decide on the establishment of special administrative regions and the systems to be instituted there;
(14) to decide on questions of war and peace; and
(15) to exercise such other functions and powers as the highest organ of state power should exercise.
Article 63The National People’s Congress has the power to remove from office the following persons:
(1) the President and the Vice-President of the People’s Republic of China;
(2) the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council;
(3) the Chairman of the Central Military Commission and other members of the Commission;
(4) the President of the Supreme People’s Court; and
(5) the Procurator-General of the Supreme People’s Procuratorate.
Article 64 Amendments to the Constitution are to 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 vote of more than two-thirds of all the deputies to the Congress.
Laws and resolutions are to be adopted by a majority vote of all the deputies to the National People’s Congress.
Article 65The Standing Committee of the National People’s Congress is composed of the following:
the Chairman;
the Vice-Chairmen;
the Secretary-General; and
the members.
Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People’s Congress.
The National People’s Congress elects, and has the power to recall, membe rs of its Standing Committee.
No one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, judicial or procuratorial organs of the State.
Article 66The Standing Committee of the National People’s Congr ess is elected for the same term as the National People’s Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the succeeding National People’s Congress.
The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms.
Article 67The Standing Committee of the National People’s Congress exercises the following functions and powers:
(1) to interpret the Constitution and supervise its enforcement;
(2) to enact and amend laws, with the exception of those which should be enacted by the National People’s Congress;
(3) to partially supplement and amend, when the National People’s Congress is not in session, laws enacted by the National People’s Congress, provided that the basic principles of these laws are not contravened;
(4) to interpret laws;
(5) to review and approve, when the National People’s Congress is not in session, partial adjustments to the plan for national economic and social development or to the State budget that prove necessary in the course of their implementation;
(6) to supervise the work of the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate;