The Constitution of China is a set of fundamental rules and principles that define how a country or organization is governed. The constitution of China was adopted on the 4th of December 1982.
The Communist Party of China plays a crucial role in leading the country with the help of the constitution. This Constitution is like a rulebook for how China’s government works. It contains the country’s important laws and Chinese citizens’ rights.
In this article, we will learn about The Constitution of China, Its features, Amendments, and Importance.
What is the Constitution of China?
The Constitution of China is a rule book with all the rules necessary to run the country. Mr. Carsun Chang and the members of the National Constituent Assembly wrote it. It was adopted on December 4, 1982, by the Fifth National People’s Congress of the People’s Republic of China.
It consists of five parts the first part is the Preamble, the second is the General Principles, the third is the Fundamental Rights and Duties of the citizens, the Structure of the State and National Flag, National Emblem, and the Capital. It is the Supreme Law of the People’s Republic of China. It’s like a rulebook explaining China’s government works, what laws are important, and the rights of Chinese citizens
The Constitution of China Overview
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Full Title
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Constitution of the People’s Republic of China
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Country
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People’s Republic of China
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Drafted by
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Various committees and working groups, with significant input from the Communist Party of China.
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Adopted
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December 4, 1982 (Current Constitution)
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Significant Amendments
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1988, 1993, 1999, 2004, 2018
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Structure
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Preamble, followed by Chapters, Sections, and Articles
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Key Focus Areas
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- The Fundamental system of the state (Socialism)
- Guiding Principles (Leadership of the communist party)
- Structure of Government
- Rights and Duties of Citizens
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Ruling Political Party
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Communist Party of China
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Important Amendments in the Constitution of China
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Year
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Amendment
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Significance
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1988
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First
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The changes added a new clause to the Constitution: “The State permits the private sector of the economy to exist and develop within the limits prescribed by law.”
This changed the way for the growth of private businesses, encouraging entrepreneurship and contributing to China’s later economic boom.
The Constitution was changed to allow for the transfer of land-use rights according to the law.
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1993
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Second
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The fundamental principle outlining the economic system was changed from a “planned economy” to a “socialist market economy.”
China acknowledged the importance of market forces like supply and demand, competition, and pricing in guiding its economy.
The goal was to combine the strengths of planned economic coordination with the dynamism of a market economy to drive economic development.
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1999
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Third
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The phrase “governing the country according to law and building a socialist country ruled by law” was added to the constitution.
The concept of the “Three Represents” was officially added to the Constitution. This political theory by Jiang Zemin stressed that the Communist Party should represent advanced productive forces, advanced culture, and the interests of the majority of Chinese people
The Preamble was updated to reflect the progress made under the theory of “building socialism with Chinese characteristics.”
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2004
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Fourth
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The language of the Constitution was significantly modified. Statements like “Citizens’ lawful private property is inviolable” were added. It explicitly allowed for compensation in cases where the state expropriates private property for public use.
This reflected China’s growing private sector. It aimed to give business owners and investors greater security, encouraging further economic development.
The phrase “The State respects and protects human rights” was included. This marked the first explicit mention of human rights in the Constitution.
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2018
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Fifth
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The clause limiting presidential terms was removed.”Supervisory commissions” were added to the existing structure of government, courts, and prosecution offices.
This Amendment helped Xi Jinping to hold his position as President of China for a longer time.
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Constitution of China – Preamble
The preamble is like an intro to the main context of the Constitution. China is a very old country with a long history. In 1949, the People’s Revolution, led by the Communist Party of China and Chairman Mao Zedong, finally succeeded. This created the People’s Republic of China. China is working hard to build a modern socialist country that is wealthy, strong, democratic, culturally advanced, harmonious, and beautiful.
The 4 Components of the Constitution of China Preamble are as follows:
- Historical Narrative
- Transition to Socialism
- The Political Framework
- Aspirations and Long-term Goals
Chinese Constitution Framework
The Chinese Constitution has a unique framework that reflects China’s political ideology and historical context. Here’s a breakdown of its key elements:
Preamble
- the historical development of China, including the Chinese Communist Party’s (CCP) leadership role.
- Highlights a socialist system.
- The goals of modernization and building a prosperous socialist society.
Fundamental Principles
- Socialism with Chinese Characteristics: The core of the Chinese political system, state-led development and a blend of principles with state ownership.
- People’s Democratic : The CCP as the leading force in society, while also noting the role of other political parties and organizations within the system.
- Rule of Law: Stresses that the law is supreme, but this is interpreted within the context of CCP leadership.
- Upholding and Improving the System of Multiparty Cooperation and Political Consultation Under the Leadership of the CCP: Establishes a framework where other political parties exist but with the CCP maintaining its leading role.
Fundamental Rights and Duties of Citizens
- Includes rights like freedom of speech, religion, and assembly, but often subject to restrictions in the name of national security or social stability.
- The duties of citizens toward the state, include working and defending the homeland.
Structure of the State
- National People’s Congress (NPC): The highest legislative body, though it mostly endorses decisions made by the CCP leadership.
- President: Head of state, nominated by the NPC.
- State Council: The central executive body of the government.
- Central Military Commission: Supervises the People’s Liberation Army and other armed forces.
- The Judiciary: Includes the Supreme People’s Court and lower-level courts.
National Symbols
- Defines the national flag, emblem, anthem, and the capital city (Beijing).
Important Considerations
- Power of the CCP: The CCP’s sole power, the Constitution, combined with other laws and regulations, consolidates the CCP as the central force controlling all aspects of the state.
- Socialist Rule of Law: The rule of law framework is interpreted within the context of CCP leadership. The party ultimately dictates how laws are created, implemented, and interpreted.
- Amendments: The Constitution has been amended several times, often reflecting shifts in the CCP’s ideology and leadership.
How Many Articles in China Constitution?
The Constitution of the People’s Republic of China, as of its latest major revision in 1982 (with subsequent amendments), consists of a preamble and 138 articles divided into four chapters:
- General Principles
- The Fundamental Rights and Duties of Citizens
- The Structure of the State
- The National Flag, The National Emblem, and The Capital
The constitution has undergone several amendments since 1982, with changes that may affect the number of articles or their content. These amendments have been made to address evolving political, economic, and social needs within China.
Chinese Constitution 1982
The Constitution of the People’s Republic of China, adopted on December 4, 1982, is a fundamental legal document that outlines the country’s political and social framework. It established the structure of the state, the duties and rights of citizens, and the country’s fundamental principles. This 1982 Constitution replaced the 1978 version, marking a significant shift towards reform and opening-up policies. Here are key highlights of the 1982 Constitution:
General Principles
- Affirms the socialist nature of China under the leadership of the Communist Party of China (CPC).
- Emphasizes the people’s democratic dictatorship, socialist road, and cultural advancements.
- Stresses on the Marxist-Leninist-Mao Zedong Thought as guiding theories.
Fundamental Rights and Duties of Citizens
- Guarantees freedoms and rights such as speech, press, assembly, association, procession, demonstration, and religious belief.
- Outlines the duty of citizens to uphold the unity of the country and the socialist system, observe state laws, and safeguard national security.
Structure of the State
- Describes the organization of the state’s major components: the National People’s Congress (NPC) and its Standing Committee, the President and the State Council, the Central Military Commission, local people’s congresses and governments at various levels, and the judiciary.
- Establishes the NPC as the highest organ of state power and details its functions and powers.
The National Flag, The National Emblem, and The Capital
- Specifies the design of the national flag and the national emblem.
- Designates Beijing as the capital of the People’s Republic of China.
Amendments
Since its adoption, the Constitution has been amended several times to reflect the changing political and economic landscape in China. Amendments have included emphasis on the socialist market economy, the strengthening of the CPC’s leadership, the promotion of private property rights alongside public ownership, and the concept of “socialist rule of law.”
The 1982 Constitution is significant for its role in guiding China’s reform period, laying the legal and ideological foundation for the country’s rapid economic growth and development while maintaining the CPC’s leadership.
Chinese Political Process
One-Party State Dominated by the CCP
- The Chinese Communist Party (CCP) sits at the top of the political system, ultimately controlling all decision-making and power structures.
- The CCP has around 95 million members and is deeply integrated into all aspects of Chinese society.
Hierarchical and Interlocking Power Structures
- National People’s Congress (NPC): The highest legislative body, but it functions largely to formalize decisions already made by the CCP leadership.
- Chinese People’s Political Consultative Conference (CPPCC): A body including various political parties and social groups, serving an advisory role and promoting a sense of unity.
- State Council: The central executive branch led by the Premier.
- President: Head of state, a largely ceremonial role.
- Central Military Commission: Powerful commission overseeing the People’s Liberation Army (PLA). The Chairman of the CMC is usually the paramount leader of China.
- Judiciary: Courts exist at various levels but are not fully independent and operate under CCP direction.
Decision-Making Processes
- Top-down: Major decisions originate from the CCP leadership, with lower-level officials responsible for implementation.
- Consensus-driven: Factional politics and internal debate exist within the CCP, but ultimately, major decisions are aimed at achieving consensus under the party’s overall leadership.
- Opaque: Deliberations and discussions within the CCP are often confidential, leading to a lack of transparency for the public.
Elections and Representation
- Limited Elections: Elections are held at local levels but with candidates vetted by the CCP. Elections at the national level are indirect, with NPC representatives chosen from lower levels.
- Managed Representation: The CCP aims to incorporate a broad range of interests within its structure, including professionals, business leaders, and representatives of social groups.
Features of the Constitutions
- Socialist Character: The Constitution shows that China is a socialist state. This guides the country’s economic, political, and social structure as a socialist.
- Leadership of the Communist Party: The uncontested leadership of the Communist Party of China (CPC) is enshrined in the Constitution. The CPC plays a central role in guiding the direction of the country and policy making.
- Unitary System: China has a unitary system of government, meaning the central government holds ultimate authority, though administrative powers are delegated to provinces and local levels. This helps in quick and faster decision-making and Implementation.
- Mixed Economy: The Constitution shows a significant role for both state-owned and non-state sectors of the economy, reflecting China’s “socialist market economy” model that eventually helps them to grow faster.
- Fundamental Rights and Duties: The Constitution includes a chapter outlining the fundamental rights of citizens such as freedom of speech, assembly, and religion, as well as their duties like paying taxes, defending the country, and upholding the law these are the fundamental rights and duties that a good citizen must follow.
- Supremacy of the Constitution: It’s declared as the supreme law of the country. All other laws and regulations are under their decisions and judgements. It is important to have because it limits any government and private company power misuse.
Importance of Constitution
1. Foundation for the Legal System: The Constitution acts as the supreme law of the country, setting the framework for all other laws and regulations. It establishes the rules of the game for everyone – individuals, institutions, and the government itself.
2. Protection of Rights and Responsibilities: The Constitution contains the fundamental rights of citizens, such as freedom of speech, assembly, and religion. It also specifies citizens about their responsibilities towards the state, country and society.
3. Framework for Governance: The Constitution tells the structure and powers of the government, including the different branches and their roles. It defies the governments and different entities about their limit of power gain and their usage. The country needs to have a Constitution that limits power to a government or private entity.
Conclusion
China’s Constitution is very different from many countries. China is a Socialist country with a one-party system which is led by the Communist Party of China. Constitution is a very important document that contains the fundamental principles of the Chinese government laws and fundamental rights and duties of the citizens of their country. It was first written in 1954 and has been changed several times until the final output or version came out in 1982.
It consists of five parts the first part is the Preamble, the second is the General Principles, the third is the Fundamental Rights and Duties of the citizens, the Structure of the State and National Flag, National Emblem and the Capital.Recent Amendment in 2018 in the Constitution of China states that the Supreme leader can now extend their leadership tenure as they want like Xi Jinping extended.
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Constitution of China – FAQs
Who wrote China’s Constitution?
Authors of the China Constitution are Mr.Carsun Chang and the members of the National Constituent Assembly.It was adopted on 4 th of December , 1982.
What is the Preamble of the Constitution of China?
The Preamble of the Constitution of China is the introductory section that sets out the historical context, founding principles, and goals of the nation.It aslo conatins and written related to China’s History, Socialist Transformation , Party Leadership and National long term goals.
Who is the leader of China?
Xi Jinping is the leader of China .Xi Jinping is currently serving his third term as the General Secretary of the Communist Party of China and President of the People’s Republic of China. He began his third term in October 2022.
Is China a democratic Country?
China is not a liberal or representative democracy. The Chinese Communist Party (CCP) and the Chinese government state that China is a socialist democracy and a people’s democratic dictatorship. Under Xi Jinping, China is also termed a whole-process people’s democracy.
What is China’s government called?
In China, politics functions within a communist state framework based on the system of people’s congress under the leadership of the Chinese Communist Party (CCP), with the National People’s Congress (NPC) functioning as the highest organ of state power and only branch of government per the principle of unified power.
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