Constitution of the People's Republic of China (1975)

by drafted by the 4th National People's Congress

THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted on January 17, 1975, by the Fourth National People's Congress of the People's Republic of China at its First Session)

PREAMBLE

The founding of the People's Republic of China marked the great victory of the new-democratic revolution and the beginning of the new historical period of socialist revolution and the dictatorship of the proletariat, a victory gained only after the Chinese people had waged a heroic struggle for over a century and, finally, under the leadership of the Communist Party of China, overthrown the reactionary rule of imperialism, feudalism and bureaucrat-capitalism by a people's revolutionary war.

For the last twenty years and more, the people of all nationalities in our country, continuing their triumphant advance under the leadership of the Communist Party of China, have achieved great victories both in socialist revolution and socialist construction and in the Great Proletarian Cultural Revolution, and have consolidated and strengthened the dictatorship of the proletariat.

Socialist society covers a considerably long historical period. Throughout this historical period, there are classes, class contradictions and class struggle, there is the struggle between the socialist road and the capitalist road, there is the danger of capitalist restoration and there is the threat of subversion and aggression by imperialism and social-imperialism. These contradictions can be resolved only by depending on the theory of continued revolution under the dictatorship of the proletariat and on practice under its guidance.

We must adhere to the basic line and policies of the Communist Party of China for the entire historical period of socialism and persist in continued revolution under the dictatorship of the proletariat, so that our great motherland will always advance along the road indicated by Marxism-Leninism-Mao Tsetung Thought.

We should consolidate the great unity of the people of all nationalities led by the working class and based on the alliance of workers and peasants, and develop the revolutionary united front. We should correctly distinguish contradictions among the people from those between ourselves and the enemy and correctly handle them. We should carry on the three great revolutionary movements of class struggle, the struggle for production and scientific experiment; we should build socialism independently and with the initiative in our own hands, through self-reliance, hard struggle, diligence and thrift and by going all out, aiming high and achieving greater, faster, better and more economical results; and we should be prepared against war and natural disasters and do everything for the people.

In international affairs, we should uphold proletarian internationalism. China will never be a superpower. We should strengthen our unity with the socialist countries and all oppressed people and oppressed nations, with each supporting the other; strive for peaceful coexistence with countries having different social systems on the basis of 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 co-existence, and choose the imperialist and social-imperialist policies of aggression and war and oppose the hegemonism of the superpowers.

The Chinese people are fully confident that, led by the Communist Party of China, they will vanquish enemies at home and abroad and surmount all difficulties to build China into a powerful socialist state of the dictatorship of the proletariat so as to make a greater contribution of humanity.

People of all nationalities in our country, unite to win still greater victories!

CHAPTER 1.—GENERAL PRINCIPLES

ARTICLE 1. The People's Republic of China is a socialist state of the dictatorship of the proletariat led by the working class and based on the alliance of workers and peasants.

ARTICLE 2. The Communist Party of China is the core of leadership of the whole Chinese people. The working class exercises leadership over the state through its vanguard, the Communist Party of China.

Marxism-Leninism-Mao Tsetung Thought is the theoretical basis guiding the thinking of our nation.

ARTICLE 3. All power in the People's Republic of China belongs to the people. The organs through which the people exercise power are the people's congresses at all levels, with deputies of workers, peasants and soldiers as their main body.

The people's congresses at all levels and all other organs of state practise democratic centralism.

Deputies to the people's congresses at all levels are elected through democratic consultation. The electoral units and electors have the power to supervise the deputies they elect and to replace them at any time according to provisions of law.

ARTICLE 4. The People's Republic of China is a unitary multi-national state. The areas where regional national autonomy is exercised are all inalienable parts of the People's Republic of China.

All the nationalities are equal. Big-nationality chauvinism and local-nationality chauvinism must be opposed.

All the nationalities have the freedom to use their own spoken and written languages.

ARTICLE 5. In the People's Republic of China, there are mainly two kinds of ownership of the means of production at the present stage: Socialist ownership by the whole people and socialist collective ownership by working people.

The state may allow non-agricultural individual labourers to engage in individual labor involving no exploitation of others, within the limits permitted by law and under unified arrangement by neighbourhood organizations in cities and towns or by production teams in rural people's communes. At the same time, these individual labourers should be guided on the road of socialist collectivization step by step.

ARTICLE 6. The state sector of the economy is the leading force in the national economy.

All mineral resources and waters as well as the forests, undeveloped land and other resources owned by the state are the property of the whole people.

The state may requisition by purchase, take over for use, or nationalize urban and rural land as well as other means of production under conditions prescribed by law.

ARTICLE 7. The rural people's commune is an organization which integrates government administration and economic management.

The economic system of collective ownership in the rural people's communes at the present stage generally takes the form of three-level ownership with the production team at the basic level, that is, ownership by the commune, the production brigade and the production team, with the last as the basic accounting unit.

Provided that the development and absolute predominance of the collective economy of the people's commune are ensured, people's commune members may farm small plots for their personal needs, engage in limited household side-line production, and in pastoral areas keep a small number of livestock for their personal needs.

ARTICLE 8. Socialist public property shall be inviolable. The state shall ensure the consolidation and development of the socialist economy and prohibit any person from undermining the socialist economy and the public interest in any way whatsoever.

ARTICLE 9. The state applies the socialist principle: "He who does not work, neither shall he eat" and "from each according to his ability, to each according to his work."

The state protects the citizens' right of ownership to their income from work, their savings, their houses, and other means of livelihood.

ARTICLE 10. The state applies the principle of grasping revolution, promoting production and other work and preparedness against war; promotes the planned and proportionate development of the socialist economy, taking agriculture as the foundation and industry as the leading factor and bringing the initiative of both the central and the local authorities into full play; and improves the people's material and cultural life step by step on the basis of the constant growth of social production and consolidates the independence and security of the country.

ARTICLE 11. State organizations and state personnel must earnestly study Marxism-Leninism-Mao Tsetung Thought, firmly put proletarian politics in command, combat bureaucracy, maintain close ties with the masses and wholeheartedly serve the people. Cadres at all levels must participate in collective productive labour.

Every organ of state must apply the principle of efficient and simple administration. Its leading body must be a three-in-one combination of the old, the middle-aged and the young.

ARTICLE 12. The proletariat must exercise all-round dictatorship over the bourgeoisie in the superstructure, including all spheres of culture. Culture and education, literature and art, physical education, health work and scientific research work must all serve proletarian politics, serve the workers, peasants and soldiers, and be combined with productive labour.

ARTICLE 13. Speaking out freely, airing views fully, holding great debates and writing big-character posters are new forms of carrying on socialist revolution created by the masses of the people. The state shall ensure to the masses the right to use these forms to create a political situation in which there are both centralism and democracy, both discipline and freedom, both unity of will and personal ease of mind and liveliness, and so help consolidate the leadership of the Communist Party of China over the state and consolidate the dictatorship of the proletariat.

ARTICLE 14. The state safeguards the socialist system, suppresses all treasonable and counter-revolutionary activities and punishes all traitors and counter-revolutionaries.

The state deprives the landlords, rich peasants, reactionary capitalists and other bad elements of political rights for specified periods of time according to law, and at the same time provides them with the opportunity to earn a living so that they may be reformed through labour and become law-abiding citizens supporting themselves by their own labour.

ARTICLE 15. The Chinese People's Liberation Army and the people's militia are the workers' and peasants' own armed forces led by the Communist Party of China; they are the armed forces of the people of all nationalities.

The Chairman of the Central Committee of the Communist Party of China commands the country's armed forces.

The Chinese People's Liberation Army is at all times a fighting force, and simultaneously a working force and a production force.

The task of the armed forces of the People's Republic of China is to safeguard the achievements of the socialist revolution and socialist construction, to defend the sovereignty, territorial integrity and security of the state, and to guard against subversion and aggression by imperialism, social-imperialism and their lackeys.

CHAPTER 2.—THE STRUCTURE OF THE STATE

Section I. The National People's Congress

ARTICLE 16. The National People's Congress is the highest organ of state power under the leadership of the Communist Party of China.

The National People's Congress is composed of deputies elected by the provinces, autonomous regions, municipalities directly under the central government, and the People's Liberation Army. When necessary, a certain number of patriotic personages may be specially invited to take part as deputies.

The National People's Congress is elected for a term of five years. Its term of office may be extended under special circumstances.

The National People's Congress holds one session each year. When necessary, the session may be advanced or postponed.

ARTICLE 17. The functions and powers of the National People's Congress are: to amend the Constitution, make laws, appoint and remove the Premier of the State Council and the members of the State Council on the proposal of the Central Committee of the Communist Party of China, approve the national economic plan, the state budget and the final state accounts, and exercise such other functions and powers as the National People's Congress deems necessary.

ARTICLE 18. The Standing Committee of the National People's Congress is the permanent organ of the National People's Congress. Its functions and powers are: to convene the sessions of the National People's Congress, interpret laws, enact decrees, dispatch and recall plenipotentiary representatives abroad, receive foreign diplomatic envoys, ratify and denounce treaties concluded with foreign states, and exercise such other functions and powers as are vested in it by the National People's Congress.

The Standing Committee of the National People's Congress is composed of the Chairman, the Vice-Chairmen and other members, all of whom are elected and subject to recall by the National People's Congress.

Section II. The State Council

ARTICLE 19. The State Council is the Central People's Government. The State Council is responsible and accountable to the National People's Congress and its Standing Committee.

The State Council is composed of the Premier, the Vice-Premiers, the ministers, and the ministers heading commissions.

ARTICLE 20. The functions and powers of the State Council are: to formulate administrative measures and issue decisions and orders in accordance with the Constitution, laws and decrees; exercise unified leadership over the work of ministries and commissions and local organs of state at various levels throughout the country; draft and implement the national economic plan and the state budget; direct state administrative affairs; and exercise such other functions and powers as are vested in it by the National People's Congress or its Standing Committee.

Section III. The Local People's Congresses and the Local Revolutionary Committees at Various Levels

ARTICLE 21. The local people's congresses at various levels are the local organs of state power.

The people's congresses of provinces and municipalities directly under the central government are elected for a term of five years. The people's congresses of prefectures, cities and counties are elected for a term of three years. The people's congresses of rural power communes and towns are elected for a term of two years.

ARTICLE 22. The local revolutionary committees at various levels are the permanent organs of the local people's congresses and at the same time the local people's governments at various levels.

Local revolutionary committees are composed of a chairman, vice-chairmen and other members, who are elected and subject to recall by the people's congress at the corresponding level. Their election or recall shall be submitted for examination and approval to the organ of state at the next higher level.

Local revolutionary committees are responsible and accountable to the people's congress at the corresponding level and to the organ of state at the next higher level.

ARTICLE 23. The local people's congresses at various levels and the local revolutionary committees elected by them ensure the execution of laws and decrees in their respective areas; lead the socialist revolution and socialist construction, in their respective areas; examine and approve local economic plans, budgets and final accounts; maintain revolutionary order; and safeguard the rights of citizens.

Section IV. The Organs of Self-Government of National Autonomous Areas

ARTICLE 24. The autonomous regions, autonomous prefectures and autonomous counties are all national autonomous areas; their organs of self-government are people's congresses and revolutionary committees.

The organs of self-government of national autonomous areas, apart from exercising the functions and powers of local organs of state as specified in Chapter Two, Section III of the Constitution, may exercise autonomy within the limits of their authority as prescribed by law.

The higher organs of state fully safeguard the exercise of autonomy by the organs of self-government of national autonomous areas and actively support the minority nationalities in carrying out the socialist revolution and socialist construction.

Section V. The Judicial Organs and the Procuratorial Organs

ARTICLE 25. The Supreme People's Court, local people's courts at various levels and special people's courts exercise judicial authority. The people's courts are responsible and accountable to the people's congresses and their permanent organs at the corresponding levels. The presidents of the people's courts are appointed and subject to removal by the permanent organs of the people's congresses at the corresponding levels.

The functions and powers of procuratorial organs are exercised by the organs of public security at various levels.

The mass line must be applied in procuratorial ways and in trying cases. In major counter-revolutionary criminal cases the masses should be mobilized for discussion and criticism.

CHAPTER 3.—THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

ARTICLE 26. The fundamental rights and duties of citizens are to support the leadership of the Communist Party of China, support the socialist system and abide by the Constitution and the laws of the People's Republic of China.

It is the lofty duty of every citizen to defend the motherland and resist aggression. It is the honourable obligation of citizens to perform military service according to law.

ARTICLE 27. All citizens who have reached the age of eighteen have the right to vote and stand for election, with the exception of persons deprived of these rights by law.

Citizens have the right to work and the right to education. Working people have the right to rest and the right to material assistance in old age and in case of illness or disability.

Citizens have the right to lodge to organs of state at any level written or oral complaints of transgression of law or neglect of duty on the part of any person working in an organ of state. No one shall attempt to hinder or obstruct the making of such complaints or retaliate.

Women enjoy equal rights with men in all aspects.

The state protects marriage, the family, and the mother and child.

The state protects the just rights and interests of overseas Chinese.

ARTICLE 28. Citizens enjoy freedom of speech, correspondence, the press, assembly, association, procession, demonstration and the freedom to strike, and enjoy freedom to believe in religion and freedom not to believe in religion and to propagate atheism.

The citizens' freedom of person and their homes shall be inviolable. No citizen may be arrested except by decision of a people's court or with the sanction of a public security organ.

ARTICLE 29. The People's Republic of China grants the right of residence to any foreign national persecuted for supporting a just cause, for taking part in revolutionary movements or for engaging in scientific activities.

CHAPTER 4.—THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE CAPITAL

ARTICLE 30. The national flag has five stars on a field of red.

The national emblem: Tien An Men in the centre, illuminated by five stars and encircled by ears of grain and a cogwheel.

The capital is Peking.