(Adopted at the Fifth Session of the Fifth National People's Congress on December 4, 1982 and promulgated by the Announcement of the National People's Congress on December 4, 1982
According to the Amendment to the Constitution of the People's Republic of China adopted at the first session of the Seventh National People's Congress on April 12, 1988, the Amendment to the Constitution of the People's Republic of China adopted at the first session of the Eighth National People's Congress on March 29, 1993, and the Amendment to the Constitution of the People's Republic of China adopted at the second session of the Ninth National People's Congress on March 15, 1999.Amendments to the Constitution of the People's Republic of China, Amendments to the Constitution of the People's Republic of China adopted at the Second Session of the Tenth National People's Congress on March 14, 2004, and Amendments to the Constitution of the People's Republic of China adopted at the first session of the 13th National People's Congress on March 11, 2018)
目 录
序 言
Chapter I General Outline
Chapter II Basic Rights and Duties of Citizens
Chapter III State institutions
Section 1 The National People's Congress
Section 2 The President of the People's Republic of China
Section 3 The State Council
Section 4 The Central Military Commission
Section 5 Local people's congresses and local people's governments at various levels
Section 6 Organs of self-government of national autonomous areas
Section 7 The Supervisory Commission
Section 8 The People's Courts and the People's procuratorates
Chapter IV The National Flag, the National Anthem, the National Emblem and the capital
序 言
China is one of the countries with the longest history in the world。The Chinese people of all ethnic groups have jointly created a splendid culture and have a glorious revolutionary tradition。
After 1840, feudal China gradually became a semi-colonial and semi-feudal country。The Chinese people have made successive heroic struggles for national independence, national liberation and democracy and freedom。
In the 20th century, great historical changes have taken place in China。
The 1911 Revolution led by Dr. Sun Yat-sen abolished the feudal monarchy and founded the Republic of China。However, the historical task of the Chinese people in opposing imperialism and feudalism has not yet been completed。
The year 1949，以毛泽东主席为领袖的中国共产党领导中国各族人民，After a long and tortuous period of armed struggle and other forms of struggle，The rule of imperialism, feudalism and bureaucratic capitalism was finally overthrown，Achieved a great victory in the new democratic revolution，The People's Republic of China was established。Since then, the Chinese people have grasped the power of the state and become the masters of the country。
After the founding of the People's Republic of China, our society gradually realized the transition from new democracy to socialism。The socialist transformation of private ownership of the means of production has been completed, the system of exploitation of man by man has been abolished, and the socialist system has been established。The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is essentially the dictatorship of the proletariat, has been consolidated and developed。The Chinese people and the Chinese People's Liberation Army have defeated imperialist and hegemonic aggression, sabotage and armed provocations, safeguarded national independence and security, and strengthened national defense。Major achievements have been made in economic development, an independent and relatively complete socialist industrial system has basically taken shape, and agricultural production has increased markedly。Great progress has been made in education, science and culture, and education in socialist ideology has achieved notable results。The lives of the people have been greatly improved。
中国新民主主义革命的胜利和社会主义事业的成就，是中国共产党领导中国各族人民，在马克思列宁主义、毛泽东思想的指引下，坚持真理，修正错误，战胜许多艰难险阻而取得的。Our country will remain in the primary stage of socialism for a long time to come。The fundamental task of the state is to concentrate its efforts on socialist modernization along the road of socialism with Chinese characteristics。The Chinese people of all ethnic groups will continue to live under the leadership of the Communist Party of China，在马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想指引下，Uphold the people's democratic dictatorship，Adhere to the socialist path，Adhere to reform and opening up，Constantly improve all socialist systems，Develop the socialist market economy，Develop socialist democracy，Improve the socialist rule of law，Implement a new vision for development，self-reliance，Hard work，We will gradually realize the modernization of industry, agriculture, national defense and science and technology，We will promote the coordinated development of material, political, spiritual, social and ecological progress，We will build our country into a great modern socialist country that is prosperous, democratic, culturally advanced, harmonious and beautiful，To achieve the great rejuvenation of the Chinese nation。
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 wage a struggle against hostile forces and elements at home and abroad that are hostile to and undermine our socialist system。
Taiwan is part of the sacred territory of the People's Republic of China。It is the sacred duty of all Chinese people, including the Taiwan compatriots, to accomplish the great cause of reunifying the motherland。
The cause of building socialism must rely on workers, peasants and intellectuals and unite all forces that can be united。In the long process of revolution, construction and reform，Has been formed under the leadership of the Communist Party of China，With the participation of all democratic parties and people's organizations，The broad patriotic united front includes all socialist workers, builders of the cause of socialism, patriots who support socialism, patriots who support the reunification of the motherland and patriots who are committed to the great rejuvenation of the Chinese nation，This united front will continue to consolidate and develop。The Chinese People's Political Consultative Conference is a broadly representative united front organization，The past plays an important historical role，In the future, in the country's political life, social life and foreign friendly activities，In the struggle to carry out socialist modernization and maintain national unity and solidarity，Will further play its important role。The system of multi-party cooperation and political consultation under the leadership of the CPC will exist and develop for a long time to come。
The People's Republic of China is a unified multi-ethnic country founded by the people of all ethnic groups。Socialist ethnic relations featuring equality, solidarity, mutual assistance and harmony have been established and will continue to be strengthened。In the struggle to maintain national unity, we must oppose big nationalism, mainly Han chauvinism, as well as local nationalism。The State makes every effort to promote the common prosperity of all ethnic groups in the country。
China's achievements in revolution, construction and reform cannot be separated from the support of the people of the world。China's future is closely linked with the future of the world。China adheres to an independent foreign policy，Adhere to the five principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence，Adhere to the path of peaceful development，Adhere to the win-win strategy of opening-up，To develop diplomatic relations and economic and cultural exchanges with other countries，Building a community with a shared future for mankind;We will oppose imperialism, hegemonism and colonialism，Strengthen solidarity with the people of all countries in the world，Support oppressed nations and developing countries in their just struggle to win and safeguard national independence and develop their national economy，To safeguard world peace and promote the cause of human progress。
This Constitution confirms, in legal form, the achievements of the struggles of the Chinese people of all ethnic groups, defines the basic system and basic tasks of the state, is the fundamental law of the state, and has supreme legal effect。The people of all ethnic groups, all state organs and armed forces, all political parties and public organizations, all enterprises and institutions in the country must take the Constitution as the fundamental criterion for their activities, and have the duty to safeguard the dignity of the Constitution and ensure its implementation。
Chapter I General Outline
Article 1 The 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 fundamental system of the People's Republic of China。The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics。Any organization or individual is prohibited from undermining the socialist system。
Article 2 All 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 manage state affairs, economic and cultural undertakings and social affairs through various channels and in various forms in accordance with the law。
Article 3 The state institutions of the People's Republic of China practice the principle of democratic centralism。
Both the National People's Congress and the local people's congresses at various levels are democratically elected, accountable to the people and subject to their supervision。
The administrative, supervisory, judicial and procuratorial organs of the State are all created by the people's congresses, to which they are responsible and subject to their supervision。
The division of functions and powers between the central and local state institutions shall follow the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities。
Article 4 All ethnic groups in the People's Republic of China are equal。The State protects the lawful rights and interests of all ethnic minorities and maintains and develops the relationship of equality, solidarity, mutual assistance and harmony among all ethnic groups。Discrimination against and oppression of any ethnic group, acts that undermine national unity and create division among ethnic groups are prohibited。
The State helps ethnic minority areas accelerate their economic and cultural development in accordance with their characteristics and needs。
Areas where ethnic minorities live in concentrated communities shall exercise regional autonomy and set up organs of self-government to exercise the right of autonomy。All ethnic autonomous areas are inalienable parts of the People's Republic of China。
All ethnic groups have the freedom to use and develop their own spoken and written languages and to maintain or reform their own customs and habits。
Article 5 The People's Republic of China practices the rule of law and builds a socialist country under the rule of law。
The state upholds the unity and dignity of the socialist legal system。
No law, administrative regulation or local regulation may contravene the Constitution。
All state organs and armed forces, political parties and public organizations, enterprises and institutions must abide by the Constitution and the law。All acts that violate the Constitution and the law must be investigated。
No organization or individual shall have the privilege to override the Constitution and laws。
Article 6 The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, that is, ownership by the whole people and collective ownership by the working people。Socialist public ownership eliminates the system of exploitation of man by man, and implements the principle of distribution according to work from each according to his ability。
In the primary stage of socialism, the state adheres to the basic economic system with public ownership as the mainstay and diverse forms of ownership developing side by side, and to the distribution system in which distribution according to work is the mainstay and multiple forms of distribution coexist。
Article 7 The state-owned economy, that is, the socialist economy owned by the whole people, is the leading force in the national economy。The state ensures the consolidation and development of the state-owned economy。
Article 8 The rural collective economic organizations practice a two-tier management system based on household contract management and combining unified management with division。The various forms of cooperative economy in rural areas, such as production, supply and marketing, credit and consumption, are socialist economies under collective ownership by the working people。Workers participating in rural collective economic organizations shall have the right to operate their own land, their own mountain, their family side business and to raise their own livestock within the scope prescribed by law。
The various forms of cooperative economy in urban areas, such as handicrafts, industry, construction, transportation, commerce and service industries, are all under the collective ownership of the socialist working people。
The State protects the lawful rights and interests of urban and rural economic collectives, encourages, guides and assists the development of the collective economy。
Article 9 All mineral resources, water flows, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources shall be owned by the state, that is, by the whole people.With the exception of forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives as prescribed by law。
The State ensures the rational utilization of natural resources and protects precious animals and plants。Appropriation or destruction of natural resources by any organization or individual by any means is prohibited。
Article 10 Land in cities shall be owned by the State。
Land in the rural and suburban areas of cities shall be owned by collectives, except for those that belong to the State as prescribed by law;Homesteads, private plots and private hills shall also be owned by collectives。
The State may, for the public interest, expropriate or requisition land and give compensation in accordance with the law。
No organization or individual may occupy, buy, sell or illegally transfer land by any other means。The right to use land may be transferred in accordance with the provisions of the law。
All organizations and individuals using land must make reasonable use of land。
Article 11 The individual economy, the private economy and other non-public sectors of the economy within the scope prescribed by law are important components of the socialist market economy。
The State protects the lawful rights and interests of the individual, private and other non-public sectors of the economy。The State encourages, supports and guides the development of the non-public economy and exercises supervision and administration over the non-public economy in accordance with law。
Article 12 Socialist public property is sacred and inviolable。
The state protects socialist public property。Appropriation or destruction of state or collective property by any organization or individual by any means is prohibited。
Article 13 The lawful private property of a citizen is inviolable。
The state protects citizens' right to private property and inheritance in accordance with the law。
For the public interest, the State may, in accordance with the law, expropriate or requisition the private property of citizens and compensate them。
Article 14 The State continuously raises Labour productivity and economic returns and develops the productive forces of society by increasing the enthusiasm of the working people and their technical level, popularizing advanced science and technology, improving the system of economic management and the system of enterprise operation and management, adopting various forms of socialist responsibility and improving Labour organization。
The state practices strict economy and opposes waste。
The State makes reasonable arrangements for accumulation and consumption, taking into account the interests of the state, the collective and the individual, and gradually improving the material and cultural life of the people on the basis of developing production。
The state establishes and improves a social security system commensurate with the level of economic development。
Article 15 The State practices a socialist market economy。
The state has strengthened economic legislation and improved macro-control。
According to law, the state prohibits any organization or individual from disrupting the social and economic order。
Article 16 State-owned enterprises shall have the right to operate independently within the scope prescribed by law。
State-owned enterprises shall, in accordance with the law, exercise democratic management through congresses of workers and staff and other forms。
Article 17 Collective economic organizations have the autonomy to conduct economic activities independently on the premise that they abide by relevant laws。
Collective economic organizations exercise democratic management, elect and remove their managers in accordance with the law, and decide on major issues concerning operation and management。
Article 18 The People's Republic of China permits foreign enterprises and other economic organizations or individuals to invest in China and engage in various forms of economic cooperation with Chinese enterprises or other economic organizations in accordance with the laws of the People's Republic of China。
All foreign enterprises, other foreign economic organizations and Chinese-foreign joint ventures in China must abide by the laws of the People's Republic of China。Their lawful rights and interests shall be protected by the laws of the People's Republic of China。
Article 19 The State develops socialist education and raises the scientific and cultural level of the whole nation。
The State runs various schools, makes primary education compulsory, develops secondary education, vocational education and higher education, and develops preschool education。
The State develops all kinds of educational facilities, eliminates illiteracy, provides political, cultural, scientific, technical and professional education to workers, peasants, state functionaries and other working people, and encourages self-study。
The State encourages collective economic organizations, state enterprises and institutions and other social forces to organize various educational undertakings in accordance with the law。
The state promotes the use of Mandarin throughout the country。
Article 20 The State develops natural and social sciences, popularizes scientific and technological knowledge, and rewards achievements in scientific research and technological inventions and creations。
Article 21 The State develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the establishment of various medical and health facilities by rural economic collectives, state enterprises and institutions and neighborhood organizations, and carries out health activities of a mass nature in order to protect the people's health。
The State develops sports undertakings and carries out mass sports activities to improve the people's physical fitness。
Article 22 The State develops literary and artistic undertakings, press, radio and television undertakings, publishing and distribution undertakings, libraries, museums, cultural centers and other cultural undertakings that serve the people and socialism, and carries out cultural activities of a mass nature。
The state protects scenic spots and historic sites, precious cultural relics and other important historical and cultural heritage。
Article 23 The State trains all kinds of professional personnel who serve socialism, expands the ranks of intellectuals and creates conditions to give full play to their role in socialist modernization。
Article 24 The State strengthens the building of socialist spiritual civilization by popularizing education in ideals, morality, culture, discipline and the legal system, and by formulating and implementing codes of conduct and conventions among the masses in different areas of urban and rural areas。
The state advocates core socialist values，Advocate the public morality of loving the motherland, the people, labor, science and socialism，To educate the people in patriotism, collectivism, internationalism, and communism，To carry on the education of dialectical materialism and historical materialism，Oppose capitalist, feudal and other decadent ideas。
Article 25 The State promotes family planning so that the growth of population may conform to the plans for economic and social development。
Article 26 The State protects and improves the living environment and the ecological environment, and prevents and controls pollution and other public hazards。
The State shall organize and encourage afforestation to protect forest trees。
Article 27 All state organs practice the principle of simplification, the system of responsibility for their work, the system of training and assessment of their staff, constantly improve the quality and efficiency of their work, and oppose bureaucracy。
All state organs and functionaries must rely on the support of the people, keep in close contact with them, listen to their opinions and suggestions, accept their supervision and work hard to serve them。
When assuming office, state functionaries shall publicly take an oath to the Constitution in accordance with the law。
Article 28 The State maintains public order, suppresses treason and other criminal activities that endanger State security, punishes those activities that endanger public security, disrupt the socialist economy and other crimes, and punishes and reforms criminals。
Article 29 The armed forces of the People's Republic of China belong to the people。Its tasks are to consolidate national defense, resist aggression, defend the motherland, safeguard the peaceful labor of the people, participate in the cause of national construction, and strive to serve the people。
The state shall strengthen the revolutionary, modern and regularized construction of the armed forces and strengthen the national defense forces。
Article 30 The administrative regions of the People's Republic of China are divided 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;
(3) Counties and autonomous counties are divided into townships, nationality townships and towns。
Municipalities directly under the central government and larger 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 ethnic autonomous areas。
Article 31 The State may establish special administrative regions when necessary。The systems to be implemented in special administrative regions shall be prescribed by law by the National People's Congress in the light of specific circumstances。
Article 32 The People's Republic of China protects the lawful rights and interests of aliens within Chinese territory. Aliens within Chinese territory must abide by the laws of the People's Republic of China。
The People's Republic of China may grant the right of asylum to foreigners who request asylum for political reasons。
Chapter II Basic Rights and Duties of Citizens
Article 33 All 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 protects human rights。
Every citizen enjoys the rights prescribed by the Constitution and the law, and at the same time must fulfill the obligations prescribed by the Constitution and the law。
Article 34 All 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 origin, race, sex, occupation, family background, religious belief, education, property status, or length of residence.Except for persons deprived of political rights in accordance with the law。
Article 35 Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration。
Article 36 Citizens 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 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 foreign domination。
Article 37 The freedom of the person of citizens of the People's Republic of China is inviolable。
No citizen shall be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and the arrest shall be carried out by a public security organ。
Unlawful detention or deprivation or restriction of citizens' freedom of the person by other means shall be prohibited, and unlawful search of citizens' bodies shall be prohibited。
Article 38 The personal dignity of citizens of the People's Republic of China is inviolable。It is prohibited to insult, slander, falsely accuse or incriminate citizens by any means。
Article 39 The residences of citizens of the People's Republic of China are inviolable。It is prohibited to illegally search or trespass into a citizen's residence。
Article 40 The freedom and privacy of correspondence of citizens of the People's Republic of China shall be protected by law。No organization or individual may infringe upon citizens' freedom and privacy of correspondence for any reason, except for the inspection of correspondence by public security or procuratorial organs in accordance with the procedures prescribed by law when it is necessary for state security or the investigation of criminal offences。
Article 41 Citizens of the People's Republic of China shall respect any state organ or state functioner，The right to make criticisms and suggestions;Illegal and dereliction of duty of any state organ or state functionary，The right to lodge complaints, charges or reports with relevant state organs，However, no one may fabricate or distort the facts to make false accusations or frame up。
The state organ concerned must find out the facts and handle complaints, charges or reports made by citizens in a responsible manner。No one may suppress or retaliate。
Persons who have suffered losses as a result of violations of civil rights by State organs or functionaries shall have the right to compensation in accordance with the law。
Article 42 Citizens of the People's Republic of China have the right and duty to work。
The State shall, through various channels, create conditions for employment, strengthen Labour protection, improve working conditions and, on the basis of the development of production, raise remuneration for work and welfare benefits。
Work is the glorious duty of all citizens who are able to work。Workers in state-owned enterprises and urban and rural economic collectives should treat their work as masters of the country。The state advocates socialist Labour competition and rewards model workers and advanced workers。The state encourages citizens to engage in voluntary Labour。
The State shall provide necessary Labour and employment training to citizens before they are employed。
Article 43 Workers in the People's Republic of China have the right to rest。
The State shall develop facilities for rest and recuperation of workers, and prescribe working hours and leave systems for workers and staff。
Article 44 The State shall, in accordance with the law, implement a retirement system for employees of enterprises and institutions and for functionaries of state organs。The life of retirees is guaranteed by the state and society。
Article 45 Citizens of the People's Republic of China shall have the right to material assistance from the State and society when they are old, ill or unable to work。The State develops social insurance, social relief and medical and health services necessary for citizens to enjoy these rights。
The state and society ensure the livelihood of disabled servicemen, provide compensation to the families of martyrs and give preferential treatment to the families of servicemen。
The State and society help to arrange the work, living and education of citizens who are blind, deaf, mute and other disabled。
Article 46 Citizens of the People's Republic of China have the right and duty to receive education。
The state cultivates the all-round development of young people, adolescents and children in moral, intellectual and physical aspects。
Article 47 Citizens of the People's Republic of China shall have freedom to engage in scientific research, literary and artistic creation and other cultural activities。The State encourages and assists creative work beneficial to the people by citizens engaged in education, science, technology, literature, art and other cultural undertakings。
Article 48 Women in the People's Republic of China enjoy equal rights with men in all aspects of political, economic, cultural, social and family life。
The state protects women's rights and interests, practices equal pay for equal work between men and women, and trains and selects female cadres。
Article 49 Marriage, the family, mothers and children shall be protected by the State。
Both husband and wife have the obligation to practice family planning。
Parents shall have the duty to bring up and educate minor children, and adult children shall have the duty to support and assist their parents。
The violation of the freedom of marriage and the abuse of the elderly, women and children are prohibited。
Article 50 The People's Republic of China protects the legitimate rights and interests of overseas Chinese and the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese。
Article 51 Citizens of the People's Republic of China, in exercising their freedoms and rights, may not impair the interests of the State, society and the collective or the lawful freedoms and rights of other citizens。
Article 52 It is the duty of citizens of the People's Republic of China to safeguard the unity of the state and the unity of all its ethnic groups。
Article 53 Citizens of the People's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe Labour discipline, observe public order and respect social ethics。
Article 54 Citizens of the People's Republic of China shall have the duty to safeguard the security, honour and interests of the motherland; they shall not commit acts endangering the security, honour and interests of the motherland。
Article 55 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression。
It is the honorable duty of citizens of the People's Republic of China to perform military service and join militia organizations in accordance with the law。
Article 56 Citizens of the People's Republic of China shall have the obligation to pay taxes in accordance with the law。
Chapter III State institutions
Section 1 The National People's Congress
Article 57 The National People's Congress of the People's Republic of China is the highest organ of state power。Its permanent organ is the Standing Committee of the National People's Congress。
Article 58 The National People's Congress and its Standing Committee exercise the legislative power of the State。
Article 59 The National People's Congress is composed of deputies elected by provinces, autonomous regions, municipalities directly under the central Government, special administrative regions and the armed forces。All ethnic minorities should have appropriate representation。
The election of deputies to the National People's Congress is conducted by the Standing Committee of the National People's Congress。
The number of deputies to the National People's Congress and the method for their election are prescribed by law。
Article 60 The term of office of the National People's Congress is five years。
Two months before the expiration of the term of office of the National People's Congress, the Standing Committee of the National People's Congress must complete the election of deputies to the next National People's Congress。If an election cannot be held under extraordinary circumstances, the Standing Committee of the National People's Congress may postpone the election and extend the term of office of the current National People's Congress by a two-thirds majority vote of all its members。The election of deputies to the next National People's Congress must be completed within one year after the end of the emergency。
Article 61 The National People's Congress meets once a year in session and is convened by its Standing Committee。A session of the National People's Congress may be convened temporarily if the Standing Committee of the National People's Congress deems it necessary, or if more than one-fifth of the deputies to the National People's Congress propose it。
When the National People's Congress is in session, it elects a presidium to preside over the session。
Article 62 The National People's Congress shall exercise the following functions and powers:
(1) To amend the Constitution;
(2) to supervise the implementation of the Constitution;
(3) To enact and amend criminal, civil, state and other basic laws;
(4) To elect the President and Vice-President of the People's Republic of China;
(5) To decide on the candidate for the Premier of The State Council upon nomination by the President of the People's Republic of China;To decide, on nomination by the Premier of The State Council, on the candidates for Vice-Premiers, State councillors, ministers in charge of ministries and commissions, the Auditor-General and the Secretary-General of The State Council;
(6) To elect the Chairman of the Central Military Commission;To decide on the selection of other members of the Central Military Commission upon nomination by the Chairman of the Central Military Commission;
(7) To elect the Chairman of the State Supervisory Commission;
(8) To elect the President of the Supreme People's Court;
(9) To elect the Procurator-General of the Supreme People's Procuratorate;
(10) To examine and approve the plan for national economic and social development and the report on its implementation;
(11) To examine and approve the State budget and the report on its implementation;
(12) To alter or annul inappropriate decisions of the Standing Committee of the National People's Congress;
(13) To approve the construction of provinces, autonomous regions and municipalities directly under the Central Government;
(14) To decide on the establishment of special administrative regions and their systems;
(15) To decide on questions of war and peace;
(16) Other functions and powers that should be exercised by the highest organ of state power。
Article 63 The National People's Congress has the power to remove the following persons:
(1) The President and Vice-President of the People's Republic of China;
(2) The Premier, Vice-premiers, State councillors, ministers in charge of ministries and commissions, the Auditor-General and the Secretary-General of The State Council;
(3) The Chairman and other members of the Central Military Commission;
(4) Chairman of the National Supervisory Commission;
(5) The President of the Supreme People's Court;
(6) Procurator-General of the Supreme People's Procuratorate。
Article 64 Amendments to the Constitution shall 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 two-thirds majority of all the deputies to the National People's Congress。
Laws and other bills shall be passed by a majority vote of all the deputies to the National People's Congress。
Article 65 The Standing Committee of the National People's Congress is composed of the following:
Chairman,
Several Vice-chairmen,
Secretary General,
Number of members。
The Standing Committee of the National People's Congress shall have an appropriate number of representatives from minority nationalities。
The National People's Congress elects and has the power to recall members of its Standing Committee。
No member of the Standing Committee of the National People's Congress may hold office in an administrative, supervisory, judicial or procuratorial organ of the State。
Article 66 The term of office of the Standing Committee of the National People's Congress is the same as that of the National People's Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the next National People's Congress。
The Chairman and vice chairmen shall serve no more than two consecutive terms。
Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers:
(1) To interpret the Constitution and supervise its implementation;
(2) To enact and amend laws other than those that should be enacted by the National People's Congress;
(3) When the National People's Congress is not in session, to partially supplement or amend laws enacted by the National People's Congress, provided that they do not contravene the basic principles of such laws;
(4) To interpret the law;
(5) to examine and approve, when the National People's Congress is not in session, part of the plans for adjustments to the national economic and social development and the State budget that must be made in the course of their implementation;
(6) to supervise the work of The State Council, the Central Military Commission, the National Supervisory Commission, the Supreme People's Court and the Supreme People's Procuratorate;
(7) To revoke administrative regulations, decisions and orders enacted by The State Council that contravene the Constitution and laws;
(8) To revoke local regulations and resolutions formulated by organs of state power of provinces, autonomous regions and municipalities directly under the Central Government that contravene the Constitution, laws and administrative rules and regulations;
(9) To decide, when the National People's Congress is not in session, on the nomination of the Premier of The State Council, on the candidates for ministers, chairmen of commissions, Auditor-General and Secretary-General;
(10) When the National People's Congress is not in session, to decide on the selection of other members of the Central Military Commission on the basis of nomination by the Chairman of the Central Military Commission;
(11) To appoint or remove, upon the proposal of the Director of the National Supervisory Commission, vice-chairmen and members of the Commission;
(12) To appoint or remove, at the request of the President of the Supreme People's Court, the Vice-President of the Supreme People's Court, judges, members of the judicial committee and the president of the military court;
(13) To appoint or remove, at the request of the Chief Procurator of the Supreme People's Procuratorate, deputy Chief Procurators, members of the Procuratorial Committee and chief procurators of the military Procuratorate of the Supreme People's Procuratorate, and to approve the appointment or removal of chief procurators of the people's procuratorates of provinces, autonomous regions and municipalities directly under the Central Government;
(14) To decide on the appointment and removal of plenipotentiary representatives abroad;
(15) To decide on the ratification or abrogation of treaties and important agreements concluded with foreign States;
(16) To establish a system of titles and ranks for military and diplomatic personnel and other special titles and ranks;
(17) to prescribe and decide on the awarding of state MEDALS and titles of honor;
(18) To decide on amnesty;
(19) To decide, when the National People's Congress is not in session, on the declaration of a state of war in the event that the State is subjected to armed aggression or is obliged to fulfil international treaties on mutual prevention of aggression;
(20) To decide on general mobilization or partial mobilization throughout the country;
(21) To decide to declare a state of emergency throughout the country or in individual provinces, autonomous regions or municipalities directly under the Central Government;
(22) Other functions and powers conferred by the National People's Congress。
Article 68 The Chairman of the Standing Committee of the National People's Congress presides over the work of the Standing Committee and convenes its meetings。The Vice Chairmen and the Secretary-General assist the Chairman in his work。
The Chairman, Vice-chairmen and Secretary-General constitute the Council of Chairmen and handle the important daily work of the Standing Committee of the National People's Congress。
Article 69 The Standing Committee of the National People's Congress is responsible to the National People's Congress and reports on its work。
Article 70 The National People's Congress establishes Ethnic Affairs Committee, Constitution and Law Committee, Finance and Economic Committee, Education, Science, Culture and Health Committee, Foreign Affairs Committee, Overseas Chinese Committee and such other special committees as may be necessary。When the National People's Congress is not in session, the special committees are under the leadership of the Standing Committee of the National People's Congress。
Under the leadership of the National People's Congress and the Standing Committee of the National People's Congress, the special committees study, deliberate and formulate relevant bills and proposals。
Article 71 The National People's Congress and its Standing Committee may, when they deem it necessary, form committees of inquiry on specific questions and adopt corresponding resolutions on the basis of their reports。
All relevant state organs, public organizations and citizens are obliged to provide the necessary information to the Commission of inquiry when it conducts an investigation。
Article 72 Deputies to the National People's Congress and members of its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the functions and powers of the National People's Congress and its Standing Committee respectively。
Article 73 Deputies to the National People's Congress and members of its Standing Committee shall, when the National People's Congress is in session, have the right, in accordance with procedures prescribed by law, to submit questions to The State Council or its ministries and commissions。The authority questioned must be responsible for answering。
Article 74 No deputy to the National People's Congress may be arrested or brought to criminal trial without the permission of its presidium or, when the National People's Congress is not in session, without the permission of its Standing Committee。
Article 75 Deputies to the National People's Congress shall be immune from legal action for their speeches and votes at its meetings。
Article 76 Deputies to the National People's Congress must abide by the Constitution and the law in an exemplary manner, keep state secrets and assist in the implementation of the Constitution and the law in production, work and social activities in which they participate。
Deputies to the National People's Congress shall maintain close ties with the units that elected them and with the people, listen to and reflect the views and demands of the people, and strive to serve them。
Article 77 Deputies to the National People's Congress are subject to supervision by the units that elected them。The electoral unit has the right to recall the deputies elected by it in accordance with the procedures prescribed by law。
Article 78 The organization and working procedures of the National People's Congress and its Standing Committee are prescribed by law。
Section 2 The President of the People's Republic of China
Article 79 The President and Vice-President of the People's Republic of China are elected by the National People's Congress。
Citizens of the People's Republic of China who have the right to vote and stand for election and have reached the age of 45 May be elected President or Vice-President of the People's Republic of China。
The term of office of the President and Vice-President of the People's Republic of China is the same as that of the National People's Congress。
Article 80 The President of the People's Republic of China acts in accordance with the decisions of the National People's Congress and the decisions of its Standing Committee，Promulgation of law，To appoint or remove the Premier, Vice-Premiers, State councillors, ministers in charge of ministries and commissions, the Auditor-General and the Secretary-General of The State Council，State MEDALS and honorary titles，Issue a special amnesty，A state of emergency was declared，Declare a state of war，Issue mobilization orders。
Article 81 The President of the People's Republic of China, on behalf of the People's Republic of China, conducts state activities and receives foreign diplomatic representatives;In accordance with the decisions of the Standing Committee of the National People's Congress, plenipotentiary representatives abroad shall be dispatched and recalled, and treaties and important agreements concluded with foreign states shall be ratified and annulled。
Article 82 The Vice President of the People's Republic of China assists the President in his work。
The Vice President of the People's Republic of China may, as entrusted by the President, exercise some of the functions and powers of the President。
Article 83 The President and Vice-President of the People's Republic of China exercise their functions and powers until the President and Vice-President elected by the next National People's Congress take office。
Article 84 In the event of the absence of the President of the People's Republic of China, the Vice President shall succeed the President。
In the absence of a Vice-President of the People's Republic of China, he shall be by-elected by the National People's Congress。
In the absence of either the President or the Vice-President of the People's Republic of China, the National People's Congress shall by-elect them;Until the by-election, the Chairman of the Standing Committee of the National People's Congress temporarily acts as the President。
Section 3 The State Council
Article 85 The State Council, that is, the Central People's Government of the People's Republic of China, is the executive body of the highest organ of state power; it is the highest organ of state administration。
Article 86 The State Council is composed of the following persons:
总理，
Several deputy Prime ministers,
The number of State councillors,
The Ministers,
Heads of committees,
Auditor-general,
Secretary general。
The Premier assumes overall responsibility for The State Council。Ministers and directors assume overall responsibility for all ministries and commissions。
The organization of The State Council is prescribed by law。
Article 87 The term of office of The State Council is the same as that of the National People's Congress。
The Premier, vice-premiers and State councillors shall serve no more than two consecutive terms。
Article 88 The Premier directs the work of The State Council。The Vice-Premiers and State councillors assist the Premier in his work。
The Premier, vice-premiers, State councillors and Secretary-General constitute the executive meeting of The State Council。
The Premier shall convene and preside over the executive meetings and plenary meetings of The State Council。
Article 89 The State Council shall exercise the following functions and powers:
(1) to adopt administrative measures, enact administrative regulations and issue decisions and orders in accordance with the Constitution and the law;
(2) To submit proposals to the National People's Congress or its Standing Committee;
(3) to define the tasks and responsibilities of the ministries and commissions, to exercise unified leadership over the work of the ministries and commissions, and to exercise leadership over national administrative work that is not part of the ministries and commissions;
(4) to provide unified leadership over the work of local state administrative organs at all levels throughout the country, and to specify the specific division of functions and powers between the central government and state administrative organs of provinces, autonomous regions and municipalities directly under the central Government;
(5) To formulate and implement the plan for national economic and social development and the state budget;
(6) To direct and administer economic work, urban and rural development, and ecological progress;
(7) to direct and administer work in education, science, culture, public health, physical education and family planning;
(8) To direct and administer civil affairs, public security and judicial administration;
(9) to administer external affairs and conclude treaties and agreements with foreign states;
(10) to direct and administer the building of national defense;
(11) To direct and administer ethnic affairs and safeguard the equal rights of the minority nationalities and the right of autonomy of the national autonomous areas;
(12) To protect the legitimate rights and interests of overseas Chinese and the lawful rights and interests of returned overseas Chinese and the family members of overseas Chinese;
(13) to alter or rescind inappropriate orders, instructions and regulations issued by ministries and commissions;
(14) to alter or annul inappropriate decisions and orders of local state administrative organs at various levels;
(15) To approve the regional division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and regional division of autonomous prefectures, counties, autonomous counties and cities;
(16) To decide, in accordance with the law, to declare a state of emergency in parts of provinces, autonomous regions and municipalities directly under the Central Government;
(17) to examine and approve the establishment of administrative organs, appoint, remove, train, assess, reward and punish administrative personnel in accordance with the provisions of law;
(18) Other functions and powers conferred by the National People's Congress and its Standing Committee。
Article 90 Ministers in charge of ministries and commissions under The State Council shall be responsible for the work of their respective departments;To convene and preside over ministerial meetings or committee meetings, and discuss and decide on major issues in the work of the department。
The ministries and commissions issue orders, instructions and rules within the scope of their authority in accordance with the law and the administrative regulations, decisions and orders of The State Council。
Article 91 The State Council establishes an auditing body to exercise supervision through auditing over the revenues and expenditures of all departments under The State Council and of local governments at various levels and over the revenues and expenditures of state financial and financial institutions, enterprises and institutions。
Under the leadership of the Premier of The State Council, audit institutions independently exercise their power of supervision through auditing in accordance with the law and are not subject to interference by other administrative organs, public organizations or individuals。
Article 92 The State Council is responsible to the National People's Congress and reports on its work;To be responsible and report on its work to the Standing Committee of the National People's Congress when the Congress is not in session。
Section 4 The Central Military Commission
Article 93 The Central Military Commission of the People's Republic of China directs the armed forces of the country。
The Central Military Commission is composed of:
主席，
Several Vice-Presidents,
Number of members。
The chairman of the Central Military Commission assumes overall responsibility。
The term of office of the Central Military Commission is the same as that of the National People's Congress。
Article 94 The Chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee。
Section 5 Local people's congresses and local people's governments at various levels
Article 95 People's congresses and people's governments shall be established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, nationality townships and towns。
The organization of local people's congresses and local people's governments at various levels shall be prescribed by law。
Organs of self-government shall be established in autonomous regions, autonomous prefectures and autonomous counties。The organization and work of organs of self-government shall be regulated by law in accordance with the basic principles laid down in Sections 5 and 6 of Chapter III of the Constitution。
Article 96 Local people's congresses at various levels are local organs of state power。
A local people's congress at or above the county level establishes a standing committee。
Article 97 Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are elected by the people's congresses at the next higher level;Deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are directly elected by voters。
The number of deputies to local people's congresses at various levels and the method for their election are prescribed by law。
Article 98 Local people's congresses at various levels are elected for a term of five years。
Article 99 Local people's congresses at various levels ensure the observance and implementation of the Constitution, laws and administrative rules and regulations within their respective administrative areas;To adopt and issue resolutions, examine and decide on local plans for economic, cultural and public construction within the limits of authority prescribed by law。
The local people's congresses at or above the county level examine and approve the plans and budgets for national economic and social development and the reports on their implementation within their respective administrative areas;The power to alter or annul inappropriate decisions of the Standing Committee of the people's Congress at the corresponding level。
The people's congresses of ethnic townships may, within the limits of their authority as prescribed by law, adopt specific measures suitable for the characteristics of the ethnic groups。
Article 100 The people's congresses of provinces and municipalities directly under the Central Government and their standing committees may formulate local regulations and report them to the Standing Committee of the National People's Congress for the record, provided that they do not contravene the Constitution, laws or administrative rules and regulations。
The people's congress of a city divided into districts and its standing committee may, on the premise that the Constitution, national law, administrative rules and regulations or the local rules and regulations of the province or autonomous region do not contravene them, formulate local rules and regulations in accordance with the provisions of the law and submit them to the Standing committee of the people's congress of the province or autonomous region for approval before they come into effect。
Article 101 Local people's congresses at various levels elect and have the power to remove governors and vice-governors, mayors and vice-mayors, county heads and vice-heads, district heads and vice-heads, township heads and vice-heads, and vice-heads of the people's governments at the corresponding levels。
Local people's congresses at or above the county level elect and have the power to remove the heads of their supervisory commissions, the presidents of their people's courts and the chief procurators of their people's procuratorates。The election or removal of the chief procurator of a people's procuratorate must be reported to the chief procurator of a people's procuratorate at a higher level for approval by the Standing Committee of the people's Congress at that level。
Article 102 Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units that elected them;Deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are subject to supervision by their electors。
The electing units and electors of deputies to local people's congresses at various levels have the power to recall the deputies elected by them in accordance with procedures prescribed by law。
Article 103 The Standing committee of a local people's congress at or above the county level is composed of a chairman, vice-chairmen and members and is responsible and reports on its work to the people's congress at the corresponding level。
A local people's congress at or above the county level elects and has the power to recall members of its standing committee。
No member of the Standing committee of a local people's congress at or above the county level may hold office in an administrative, supervisory, judicial or procuratorial organ of the State。
Article 104 The Standing committees of local people's congresses at or above the county level discuss and decide on major matters concerning all aspects of work in their respective administrative areas;To supervise the work of the people's governments, supervisory commissions, people's courts and people's procuratorates at the corresponding levels;Revoking inappropriate decisions and orders of the people's government at the corresponding level;Annulling inappropriate resolutions of the people's Congress at the next lower level;To decide on the appointment or removal of functionaries of state organs within the limits of their powers as prescribed by law;When the people's Congress at the corresponding level is not in session，Recall and by-elect individual deputies to the people's congress at the next higher level。
Article 105 Local people's governments at various levels are the executive organs of local organs of state power and local organs of state administration at various levels。
Governors, mayors, county, district, township and town heads assume overall responsibility for local people's governments at various levels。
Article 106 The term of office of a local people's government at various levels is the same as that of the people's congress at the corresponding level。
Article 107 The local people's governments at or above the county level shall have their powers of authority as prescribed by law，To administer the economic, educational, scientific, cultural, public health, physical education, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration, family planning and other administrative work within their respective administrative areas，Issue decisions and orders，To appoint, remove, train, assess, reward and punish administrative staff。
People's governments of townships, nationality townships and towns carry out the resolutions of the people's congresses at the corresponding levels and the decisions and orders of the state administrative organs at higher levels, and administer the administrative work within their respective administrative areas。
The people's governments of provinces and municipalities directly under the central government decide on the establishment and regional division of townships, nationality townships and towns。
Article 108 Local people's governments at or above the county level direct the work of their subordinate departments and the people's governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and the people's governments at lower levels。
Article 109 Auditing bodies shall be established by local people's governments at or above the county level。Local audit institutions at various levels independently exercise their power of supervision through auditing in accordance with the law and are responsible to the people's governments at the corresponding levels and the audit institutions at the next higher level。
Article 110 Local people's governments at various levels are responsible and report on their work to the people's congresses at the corresponding levels。Local people's governments at or above the county level are responsible and report on their work to the Standing Committee of the people's congress at or above the county level when the people's congress is not in session。
Local people's governments at various levels are responsible and report on their work to the state administrative organs at the next higher level。Local people's governments at all levels throughout the country are state administrative organs under the unified leadership of The State Council and are subordinate to it。
Article 111 The residents' committees or villagers' committees established in cities and rural areas according to the areas where residents live are mass organizations of self-government at the grass-roots level。The chairman, vice-chairmen and members of the residents' and villagers' committees shall be elected by the residents。The relationship between the residents' and villagers' committees and the political power at the basic level shall be prescribed by law。
The residents and villagers committees shall set up committees for people's mediation, public security and public health to handle public affairs and public welfare undertakings in their residential areas, mediate disputes among the people, assist in the maintenance of public order, and reflect the opinions and demands of the people and make suggestions to the people's government。
Section 6 Organs of self-government of national autonomous areas
Article 112 The organs of self-government of national autonomous areas are the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties。
Article 113 In the people's congress of an autonomous region, autonomous prefecture or autonomous county, in addition to the deputies of the nationality exercising regional autonomy, the other nationalities residing in the respective administrative area shall also have appropriate representation。
The Standing committee of the people's congress of an autonomous region, autonomous prefecture or autonomous county shall have a citizen of the nationality exercising regional autonomy as its chairman or vice-chairmen。
Article 114 The Chairman of an autonomous region, the governor of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy。
Article 115 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties exercise the functions and powers of local state organs as provided for in Section 5 of Chapter III of the Constitution; at the same time, they exercise the power of autonomy within the limits of their powers as provided for in the Constitution, the Law on Regional National Autonomy and other laws, and implement the laws and policies of the State in light of the actual local conditions。
Article 116 The people's congresses of national autonomous areas have the power to enact regulations on autonomy and separate regulations in the light of the political, economic and cultural characteristics of the local nationalities。Regulations on autonomy and special regulations of autonomous regions shall come into force after being submitted to the Standing Committee of the National People's Congress for approval。Regulations on autonomy and special regulations of autonomous prefectures and autonomous counties shall come into force after being submitted to the Standing Committee of the people's Congress of the province or autonomous region for approval, and shall be submitted to the Standing Committee of the National People's Congress for the record。
Article 117 The organs of self-government of national autonomous areas have the power of autonomy in the management of local finances。All fiscal revenues belonging to the national autonomous areas according to the state financial system shall be allocated and used independently by the organs of self-government of the national autonomous areas。
Article 118 The organs of self-government of national autonomous areas independently arrange and administer local economic construction under the guidance of state plans。
In exploiting natural resources and building enterprises in the national autonomous areas, the State shall give due consideration to the interests of the national autonomous areas。
Article 119 The organs of self-government of the national autonomous areas shall independently administer the educational, scientific, cultural, public health and sports undertakings in their respective areas, protect and collate the cultural heritage of the nation, and develop and prosper the culture of the nation。
Article 120 The organs of self-government of the national autonomous areas may, in accordance with the military system of the State and the actual local needs and with the approval of The State Council, organize local public security forces for the maintenance of public order。
Article 121 In performing their functions, the organs of self-government of the national autonomous areas shall, in accordance with the regulations on autonomy of the national autonomous areas, use the spoken and written languages or languages commonly used in the local areas。
Article 122 The State provides financial, material and technical assistance to the minority nationalities in accelerating their economic and cultural development。
The state helps the national autonomous areas to train a large number of cadres at various levels, professionals of various kinds and skilled workers from the local ethnic groups。
Section 7 The Supervisory Commission
Article 123 Supervisory commissions at various levels of the People's Republic of China are state supervisory organs。
Article 124 The People's Republic of China establishes a National Supervisory Commission and a local supervisory commission at various levels。
The Supervisory Committee shall be composed of:
主任，
Several deputy directors,
Number of members。
The term of office of the chairman of the supervisory Commission is the same as that of the people's Congress at the corresponding level。The director of the National Supervisory Commission shall serve no more than two consecutive terms。
The organization, functions and powers of a supervisory commission shall be prescribed by law。
Article 125 The National Supervisory Commission of the People's Republic of China is the highest supervisory organ。
The National Supervisory Commission directs the work of the local supervisory commissions at all levels, and the supervisory commissions at higher levels direct the work of the supervisory commissions at lower levels。
Article 126 The National Supervisory Commission is responsible to the National People's Congress and its Standing Committee。Local supervisory commissions at various levels are responsible to the organs of state power that created them and to the supervisory commissions at the next higher level。
Article 127 A supervisory commission shall exercise its supervisory power independently in accordance with the law and shall not be subject to interference by any administrative organ, public organization or individual。
Supervisory organs shall cooperate with the judicial organs, procuratorial organs and law enforcement departments in handling cases of duty violations and duty crimes and check each other。
Section 8 The People's Courts and the People's procuratorates
Article 128 The people's courts of the People's Republic of China are the judicial organs of the State。
Article 129 The People's Republic of China establishes the Supreme People's Court, local people's courts at various levels, military courts and other special people's courts。
The term of office of the President of the Supreme People's Court is the same as that of the National People's Congress, and he shall serve no more than two consecutive terms。
The organization of the people's courts is prescribed by law。
Article 130 Except in special circumstances as prescribed by law, all cases in the people's courts shall be heard in public。The accused has the right to a defence。
Article 131 The people's courts exercise judicial power independently in accordance with the provisions of the law and are not subject to interference by any administrative organ, public organization or individual。
Article 132 The Supreme People's Court is the highest judicial organ。
The Supreme People's Court supervises the judicial work of the local people's courts at various levels and the special people's courts, and the people's courts at higher levels supervise the judicial work of the people's courts at lower levels。
Article 133 The Supreme People's Court is responsible to the National People's Congress and its Standing Committee。Local people's courts at various levels are responsible to the organs of state power that created them。
Article 134 The People's procuratorates of the People's Republic of China are state organs for legal supervision。
Article 135 The People's Republic of China establishes the Supreme People's Procuratorate, the people's procuratorates at various local levels, the military procuratorates and other special people's procuratorates。
The term of office of the Procurator-General of the Supreme People's Procuratorate is the same as that of the National People's Congress, and the procurator-General shall serve no more than two consecutive terms。
The organization of the people's procuratorates is prescribed by law。
Article 136 The people's procuratorates exercise procuratorial power independently in accordance with the law and are not subject to interference by any administrative organ, public organization or individual。
Article 137 The Supreme People's Procuratorate is the highest procuratorial organ。
The Supreme People's Procuratorate directs the work of the local people's procuratorates at all levels and the special people's procuratorates, while the people's procuratorates at higher levels direct the work of the people's procuratorates at lower levels。
Article 138 The Supreme People's Procuratorate is responsible to the National People's Congress and its Standing Committee。Local people's procuratorates at various levels are responsible to the organs of state power that created them and to the people's procuratorates at higher levels。
Article 139 Citizens of all nationalities have the right to use their own spoken and written languages in litigation。The people's courts and people's procuratorates shall translate for participants in the proceedings who are not familiar with the spoken and written languages commonly used in the locality。
In areas where minority nationalities live in concentrated communities or where multiple nationalities live together, the trial shall be conducted in the language commonly used there;Indictments, judgments, notices and other documents shall, according to actual needs, be written in one or more languages commonly used locally。
Article 140 In handling criminal cases, the people's courts, the people's procuratorates and the public security organs shall divide their responsibilities, cooperate with and check each other so as to ensure the accurate and effective implementation of the law。
Chapter IV The National Flag, the National Anthem, the National Emblem and the capital
Article 141 The national flag of the People's Republic of China is a red flag with five stars。
The national anthem of the People's Republic of China is "March of the Volunteers"。
Article 142 The National emblem of the People's Republic of China shows Tian 'anmen illuminated by five stars in the middle, surrounded by ears of grain and gears。
Article 143 The capital of the People's Republic of China is Beijing。
