【Constitution and Law Publicity Month】Constitution of the People's Republic of China

Constitution of the People's Republic of China

(Adopted at the Fifth Session of the Fifth National People's Congress on December 4, 1982; promulgated by the Announcement of the National People's Congress on December 4, 1982; in accordance with 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) 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 Amendment 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 Amendment to the Constitution of the People's Republic of China adopted at the First Session of the Thirteenth National People's Congress on March 11, 2018)

directory

preface

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 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 at all levels and local people's governments at all levels

Section 6: Organs of self-government in ethnic autonomous areas

Section 7: Supervision Commissions

Section 8: People's courts and people's procuratorates

Chapter IV National Flag, National Anthem, National Emblem, and Capital

preface

China is one of the oldest countries in the world. The Chinese people of all nationalities 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 waged heroic struggles one after another for national independence, national liberation, and democratic freedom.

In the 20 th century, China underwent earth-shaking and great historical changes.

In 1911, the Xinhai Revolution led by Dr. Sun Yat-sen abolished the feudal imperial system and founded the Republic of China. However, the historical task of the Chinese people to oppose imperialism and feudalism has not yet been completed.

In 1949, the Communist Party of China (CPC) led by Chairman Mao Zedong as the leader of the Chinese people of all nationalities to finally overthrow the rule of imperialism, feudalism and bureaucratic capitalism, win the great victory of the new democratic revolution, and establish the People's Republic of China after a long period of arduous and tortuous armed struggle and other forms of struggle. Since then, the Chinese have seized the power of the state and become the masters of the country.

Since the founding of the People's Republic of China, mainland society has 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 eliminated, 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, in essence, the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations, safeguarded national independence and security, and strengthened national defense. Major achievements have been made in economic construction, an independent and relatively complete socialist industrial system has been basically formed, and agricultural production has increased markedly. Education, science, culture, and other undertakings have made great progress, and socialist ideological education has achieved remarkable results. The living standards of the broad masses of the people have improved considerably.

The victory of China's new democratic revolution and the achievements of the socialist cause were achieved by the Chinese people of all nationalities under the leadership of the Communist Party of China and under the guidance of Marxism-Leninism and Mao Zedong Thought, upholding the truth, correcting mistakes, and overcoming many difficulties and obstacles. The mainland will remain in the primary stage of socialism for a long time. The fundamental task of the state is to concentrate its efforts on socialist modernization along the road of socialism with Chinese characteristics. Under the leadership of the Communist Party of China, the Chinese people of all nationalities will continue to work closely under the leadership of the Communist Party of China in Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the "Three Represents," the Scientific Outlook on Development, and the Chinese People's Outlook on Development. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to the people's democratic dictatorship, adhere to the socialist road, adhere to reform and opening up, constantly improve the socialist system, develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, implement the new development concept, self-reliance, hard work, and gradually realize the modernization of industry, agriculture, national defense, and science and technology, and promote material, political, spiritual, and social civilization. Ecological civilization will develop in a coordinated manner, build the mainland into a prosperous, strong, democratic, civilized, harmonious and beautiful modern socialist country, and realize the great rejuvenation of the Chinese nation.

On the mainland, the exploiting class has been eliminated as a class, but the class struggle will continue to exist for a long time within a certain scope. The Chinese people must wage a struggle against hostile forces and hostile elements at home and abroad that are hostile to and undermine the socialist system on the mainland.

Taiwan is part of the sacred territory of the People's Republic of China. Accomplishing the great cause of reunifying the motherland is the sacred duty of the entire Chinese people, including the Taiwan compatriots.

The cause of building socialism must rely on the workers, peasants, and intellectuals and unite all forces that can be united. In the course of revolution, construction, and reform over a long period of time, a broad patriotic united front has been formed under the leadership of the Communist Party of China with the participation of all democratic parties and mass organizations, including all socialist workers, builders of the socialist cause, patriots who support socialism, and patriots who support the reunification of the motherland and devote themselves to the great rejuvenation of the Chinese nation, and this united front will continue to consolidate and develop. The Chinese People's Political Consultative Conference is a broadly representative united front organization that has played an important historical role in the past and will further play its important role in the country's political and social life, in foreign friendship activities, in socialist modernization, and in the struggle to safeguard national unity and unity. The system of multiparty cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time.

The People's Republic of China is a unified multi-ethnic country jointly created by the people of all ethnic groups throughout the country. The socialist ethnic relations of equality, unity, mutual assistance, and harmony have been established and will continue to be strengthened. In the struggle to safeguard national unity, it is necessary to oppose great nationalism, mainly Han nationalism, as well as local nationalism. The State shall make every effort to promote the common prosperity of all ethnic groups in the country.

China's achievements in revolution, construction, and reform are inseparable from the support of the people of the world. China's future is closely linked to the future of the world. China adheres to an independent foreign policy, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, adheres to the path of peaceful development, adheres to the strategy of mutual benefit and win-win opening-up, develops diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a community with a shared future for mankind. We should strive for the just struggle to develop the national economy and safeguard world peace and promote the cause of human progress.

This Constitution confirms the achievements of the struggle of the Chinese people of all nationalities in the form of law, stipulates the fundamental system and fundamental tasks of the state, and is the fundamental law of the state and has the highest legal effect. The people of all ethnic groups throughout the country, all state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must take the Constitution as the fundamental norm 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 country 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. It is forbidden for any organization or individual to undermine the socialist system.

Article 2 All power in the People's Republic of China belongs to the people.

The organs through which the people exercise state power are the National People's Congress and local people's congresses at all levels.

In accordance with the provisions of the law, the people manage state affairs, economic and cultural undertakings, and social affairs through various channels and forms.

Article 3: The State organs of the People's Republic of China practice the principle of democratic centralism.

The National People's Congress and local people's congresses at all levels are democratically elected, accountable to the people, and subject to their supervision.

The administrative, supervising, adjudicating, and procuratorial organs of the state are all created by the people's congress and are responsible to it and subject to its supervision.

The division of functions and powers between the central and local state organs follows the principle of giving full play to the initiative and enthusiasm of the localities 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 legitimate rights and interests of all ethnic minorities and maintains and develops the harmonious relations of equality, unity, mutual assistance, and harmony among all ethnic groups. It is forbidden to discriminate against and oppress any ethnic group, and to prohibit acts that undermine national unity and create ethnic divisions.

In accordance with the characteristics and needs of ethnic minorities, the State shall help ethnic minority areas accelerate their economic and cultural development.

Regional autonomy shall be exercised in areas where ethnic minorities live in large concentrations, and organs of self-government shall be established to exercise the right of self-government. All ethnic autonomous areas are inseparable parts of the People's Republic of China.

All nationalities have the freedom to use and develop their own spoken and written languages, and to maintain or reform their own customs and habits.

Article 5: The People's Republic of China implements 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.

All laws, administrative regulations, and local regulations must not contradict the Constitution.

All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated.

No organization or individual may have privileges that go beyond the Constitution and laws.

Article 6 The basis of the socialist economic system of the People's Republic of China is the socialist public ownership of the means of production, that is, ownership by the whole people and collective ownership by the working masses. Socialist public ownership abolishes the system of exploitation of man, and implements the principle of distribution according to work.

In the initial stage of socialism, the state adhered to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership, and the distribution system with distribution according to work as the mainstay and the coexistence of various forms of distribution.

Article 7 The state-owned economy, i.e., the socialist economy owned by the whole people, is the leading force in the national economy. The state guarantees the consolidation and development of the state-owned economy.

Article 8: Rural collective economic organizations shall implement a two-tier management system based on household contract management and combining centralized and decentralized management. Various forms of cooperative economy, such as production, supply and marketing, credit, and consumption, in the rural areas are socialist economies under the collective ownership of the working masses. Laborers participating in rural collective economic organizations have the right to operate their own land, their own hills, their household sideline businesses, and raise their own livestock within the limits prescribed by law.

The various forms of cooperative economy in the handicraft, industrial, construction, transportation, commercial, and service industries in the cities and towns are all socialist economies under the collective ownership of the working masses.

The State protects the legitimate rights and interests of urban and rural collective economic organizations, and encourages, guides, and assists the development of the collective economy.

Article 9 Natural resources such as mineral deposits, water streams, forests, mountains, grasslands, wastelands, and tidal flats shall all belong to the State, that is, to the whole people;

The State guarantees the rational use of natural resources and protects precious animals and plants. It is forbidden for any organization or individual to use any means to encroach upon or destroy natural resources.

Article 10 The land of cities shall be owned by the State.

Land in rural areas and suburban areas is collectively owned, except for land owned by the State as prescribed by law;

The State may, in accordance with the provisions of law, expropriate or expropriate land and provide compensation for the needs of the public interest.

No organization or individual may occupy, buy, sell, or otherwise illegally transfer land. The right to use land may be transferred in accordance with the provisions of the law.

All organizations and individuals using land must make rational 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 legitimate rights and interests of the individual, private, and other non-public economies. The State encourages, supports, and guides the development of the non-public economy, and exercises supervision and management over the non-public economy in accordance with the law.

Article 12: Socialist public property is sacrosanct and inviolable.

The state protects socialist public property. It is forbidden for any organization or individual to use any means to encroach upon or destroy the property of the state or the collective.

Article 13: Citizens' lawful private property shall not be infringed upon.

The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law.

The State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and provide compensation for the needs of the public interest.

Article 14 The State shall continuously increase labor productivity and economic efficiency and develop social productive forces by raising the enthusiasm and technical level of laborers, popularizing advanced science and technology, improving the economic management system and the enterprise management system, implementing various forms of the socialist responsibility system, and improving labor organization.

The state practices economy and opposes waste.

The state makes rational arrangements for accumulation and consumption, takes into account the interests of the state, the collective, and the individual, and gradually improves the people's material and cultural life on the basis of developing production.

The State shall establish and improve a social security system commensurate with the level of economic development.

Article 15: The State implements a socialist market economy.

The state has strengthened economic legislation and improved macroeconomic regulation and control.

The State prohibits any organization or individual from disrupting the social and economic order in accordance with law.

Article 16 State-owned enterprises have the right to operate independently within the scope prescribed by law.

In accordance with the provisions of the law, state-owned enterprises practice democratic management through workers' congresses and other forms.

Article 17 Collective economic organizations shall have the autonomy to independently carry out economic activities on the premise of abiding by the relevant laws.

Collective economic organizations practice democratic management, elect and dismiss management personnel in accordance with the law, and decide on major issues of operation and management.

Article 18 The People's Republic of China allows foreign enterprises and other economic organizations or individuals to invest in China in accordance with the provisions of the laws of the People's Republic of China and to engage in various forms of economic cooperation with Chinese enterprises or other economic organizations.

Foreign enterprises and other foreign economic organizations, as well as Sino-foreign joint ventures, in China must abide by the laws of the People's Republic of China. Their legitimate rights and interests are 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 people throughout the country.

The State runs schools to make primary education universal, to develop secondary, vocational and higher education, and to develop pre-school education.

The State develops educational facilities, eradicates illiteracy, educates workers, peasants, State functionaries and other working people in politics, culture, science, technology and business, and encourages self-education.

The State encourages collective economic organizations, state enterprises, public institutions, and other social forces to organize all kinds of educational undertakings in accordance with the provisions of law.

The state promotes the use of Mandarin throughout the country.

Article 20 The State shall develop natural and social sciences, popularize scientific and technological knowledge, and reward scientific research achievements and technological inventions and creations.

Article 21: The State develops medical and health undertakings, develops modern medicine and traditional mainland medicine, encourages and supports rural collective economic organizations, state enterprises, public institutions, and neighborhood organizations to set up various medical and health facilities, and carry out mass health activities to protect the people's health.

The state develops sports undertakings, carries out mass sports activities, and enhances the people's physical fitness.

Article 22: The State develops literary and artistic undertakings, news, 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 mass cultural activities.

The State protects places of interest, precious cultural relics and other important historical and cultural heritage.

Article 23 The State cultivates all kinds of professionals to serve socialism, expands the ranks of intellectuals, and creates conditions for them to give full play to their role in socialist modernization.

Article 24: The State strengthens the building of socialist spiritual civilization through the popularization of education on ideals, morality, culture, discipline, and the legal system, and through the formulation and implementation of various codes and conventions among the masses in different spheres of urban and rural areas.

The State advocates the core values of socialism, advocates the public virtues of loving the motherland, the people, labor, science, and socialism, conducts education in patriotism, collectivism, internationalism, and communism among the people, conducts education in dialectical materialism and historical materialism, and opposes capitalism, feudalism, and other decadent ideas.

Article 25 The State shall promote family planning so that population growth is commensurate with economic and social development plans.

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 organizes and encourages afforestation and the protection of forests.

Article 27 All State organs shall implement the principle of streamlining, implement the work responsibility system, implement the training and evaluation system for staff, continuously improve the quality and efficiency of work, and oppose bureaucracy.

All state organs and functionaries must rely on the support of the people, always maintain close ties with the people, listen to the people's opinions and suggestions, accept the people's supervision, and strive to serve the people.

State functionaries shall take a constitutional oath publicly in accordance with the provisions of law when taking office.

Article 28: The State preserves social order, suppresses treason and other criminal activities endangering national security, sanctions activities that endanger public security, undermine the socialist economy, and other crimes, and punish and reform 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, defend the peaceful labor of the people, participate in the cause of national construction, and strive to serve the people.

The State has strengthened the revolutionization, modernization, and regularization of the armed forces and strengthened its national defense capabilities.

Article 30 The administrative regions of the People's Republic of China are divided as follows:

(1) The whole 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, ethnic townships, and towns.

Municipalities and larger cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities.

Autonomous regions, autonomous prefectures, and autonomous counties are all ethnic autonomous areas.

Article 31: The State may, when necessary, establish special administrative regions. The systems to be implemented in the special administrative regions shall be prescribed by law by the National People's Congress in accordance with specific circumstances.

Article 32 The People's Republic of China protects the lawful rights and interests of foreigners within the territory of China, and foreigners within the territory of China must abide by the laws of the People's Republic of China.

The People's Republic of China may grant asylum to foreigners who seek asylum for political reasons.

Chapter II: Basic Rights and Duties of Citizens

Article 33 All persons with 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 provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.

Article 34: Citizens of the People's Republic of China who have reached the age of 18 have the right to vote and to stand for election, regardless of ethnicity, race, sex, occupation, family background, religious belief, educational level, property status, or period of residence;

Article 35: Citizens of the People's Republic of China have 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 have freedom of religious belief.

No state organ, social group, or individual may compel citizens to believe in a religion or not to believe in a religion, and must not discriminate against citizens who believe in a religion or those who do not believe in a religion.

The State protects normal religious activities. No one may use religion to engage in activities that disrupt social order, harm citizens' health, or obstruct the national education system.

Religious communities and religious affairs are not subject to the domination of foreign powers.

Article 37: The personal liberty of citizens of the People's Republic of China is inviolable.

No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs.

It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body.

Article 38: The personal dignity of citizens of the People's Republic of China is inviolable. It is forbidden to insult, slander or falsely accuse citizens in any way.

Article 39 The homes of citizens of the People's Republic of China shall not be infringed upon. It is forbidden to unlawfully search or trespass into citizens' homes.

Article 40: The freedom and confidentiality of correspondence of citizens of the People's Republic of China are protected by law. Except for the need for national security or the investigation of criminal offenses, where public security organs or procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of correspondence for any reason.

Article 41: Citizens of the People's Republic of China have the right to criticize and make suggestions to any State organ or State functionary, and have the right to lodge a complaint, accusation, or report to the relevant State organ for any State organ or State functionary's illegal or dereliction of duty, but must not fabricate or distort facts to make false accusations and frame up.

With regard to citizens' complaints, accusations, or reports, the relevant state organs must ascertain the facts and be responsible for handling them. No one may suppress or retaliate.

Persons who have suffered damages as a result of violations of the rights of citizens by State organs and State agents have the right to compensation in accordance with the provisions of the law.

Article 42 Citizens of the People's Republic of China have the right and obligation to work.

Through various means, the State creates conditions for labor employment, strengthens labor protection, improves labor conditions, and increases labor remuneration and welfare benefits on the basis of developing production.

Labor is the glorious duty of all citizens who are able to work. Workers in state-owned enterprises and urban and rural collective economic organizations should treat their labor with the attitude of being the masters of the state. The State advocates socialist labor competition and rewards model workers and advanced workers. The State encourages citizens to engage in voluntary work.

The State shall provide necessary labor and employment training to citizens before employment.

Article 43 Laborers of the People's Republic of China have the right to rest.

The State develops facilities for rest and recuperation for workers, and stipulates the working hours and leave system for workers.

Article 44 The State shall, in accordance with the provisions of law, implement a retirement system for the employees of enterprises and institutions and the staff of State organs. The livelihood of retirees is guaranteed by the state and society.

Article 45 Citizens of the People's Republic of China have the right to receive material assistance from the State and society in the event of old age, illness or loss of ability to work. The State develops social insurance, social assistance and health services for citizens to enjoy these rights.

The state and social security for the livelihood of disabled servicemen, the families of martyrs, and the families of servicemen are given preferential treatment.

The State and society help to arrange the work, life and education of citizens who are blind, deaf, mute and otherwise disabled.

Article 46: Citizens of the People's Republic of China have the right and obligation to receive education.

The State cultivates the all-round development of youth, adolescents and children in terms of morality, intelligence and physique.

Article 47: Citizens of the People's Republic of China have the freedom to conduct scientific research, literary and artistic creation, and other cultural activities. The State encourages and assists citizens engaged in educational, scientific, technical, literary, artistic and other cultural undertakings in their creative work that is beneficial to the people.

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 the rights and interests of women, implements equal pay for men and women for equal work, and trains and selects women cadres.

Article 49: Marriage, family, motherhood and children are under the protection of the State.

Both husband and wife have the obligation to practice family planning.

Parents have the obligation to raise and educate their minor children, and adult children have the obligation to support and support their parents.

It is forbidden to undermine the freedom of marriage and to abuse the elderly, women and children.

Article 50 The People's Republic of China shall protect the legitimate rights and interests of overseas Chinese and the legitimate rights and interests of returned overseas Chinese and their relatives.

Article 51: In exercising their freedoms and rights, citizens of the People's Republic of China must not harm the interests of the State, society, or the collective, or the lawful freedoms and rights of other citizens.

Article 52: Citizens of the People's Republic of China have the obligation to preserve national unity and the unity of all ethnic groups throughout the country.

Article 53: Citizens of the People's Republic of China must abide by the Constitution and laws, keep State secrets, protect public property, abide by labor discipline, abide by public order, and respect social morality.

Article 54: Citizens of the People's Republic of China have the obligation to safeguard the security, honor, and interests of the motherland, and must not engage in conduct that endangers the security, honor, and interests of the motherland.

Article 55 Defending the motherland and resisting aggression is the sacred duty of every citizen of the People's Republic of China.

Military service and participation in militia organizations in accordance with the law are the honorable obligations of citizens of the People's Republic of China.

Article 56 Citizens of the People's Republic of China have the obligation to pay taxes in accordance with 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 the Standing Committee of the National People's Congress exercise state legislative power.

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 military. All ethnic minorities should be represented in an appropriate number of countries.

The election of deputies to the National People's Congress is presided over by the Standing Committee of the National People's Congress.

The number of deputies to the National People's Congress and the method for selecting deputies shall be 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. In the event of extraordinary circumstances in which an election cannot be held, 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 of all its members. Within one year after the end of the extraordinary situation, the election of deputies to the next National People's Congress must be completed.

Article 61: Sessions of the National People's Congress are convened once a year and are convened by the Standing Committee of the National People's Congress. 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 may temporarily convene a session of the National People's Congress.

When the National People's Congress convenes, the presidium is elected to preside over the meeting.

Article 62: The National People's Congress exercises the following functions and powers:

(1) Amending the Constitution;

(2) Supervise the implementation of the Constitution;

(3) To enact and revise criminal, civil, state institutional, and other basic laws;

(4) To elect the President and Vice-President of the People's Republic of China;

(5) To decide on the candidates for the Premier of the State Council on the nomination of the President of the People's Republic of China, and on the nomination of the Premier of the State Council, on the candidates for the Vice Premiers, State Councilors, Ministers, Ministers, Chairmen of Commissions, Auditor-General and Secretary-General of the State Council;

(6) To elect the Chairman of the Central Military Commission and, on the basis of nominations by the Chairman of the Central Military Commission, to decide on the candidates for other members of the Central Military Commission;

(7) Elect the chairman of the State Supervision 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 national economic and social development plan and the report on the implementation of the plan;

(xi) To review and approve the budget of the State and the report on the implementation of the budget;

(12) Changing or revoking inappropriate decisions of the Standing Committee of the National People's Congress;

(13) To approve the establishment of provinces, autonomous regions and municipalities directly under the Central Government;

(14) To decide on the establishment of special administrative regions and their systems;

(xv) to decide on questions of war and peace;

(16) Other functions and powers that shall be exercised by the highest organ of state power.

Article 63: The National People's Congress has the power to recall the following persons:

(1) The President and Vice-President of the People's Republic of China;

(2) Premiers, vice premiers, state councilors, ministers, chairmen of commissions, auditors-general and secretary-general of the State Council;

(3) the Chairman of the Central Military Commission and other members of the Central Military Commission;

(4) The director of the State Supervision Commission;

(5) the President of the Supreme People's Court;

(6) The chief procurator of the Supreme People's Procuratorate.

Article 64: Amendments to the Constitution are proposed by the Standing Committee of the National People's Congress or more than one-fifth of the deputies to the National People's Congress, and are to be adopted by the National People's Congress by a two-thirds majority of all deputies.

Laws and other bills are passed by the National People's Congress by a majority of all deputies.

Article 65: The Standing Committee of the National People's Congress is composed of the following members:

Chairman

A number of Vice-Chairmen,

Secretary

There are a number of members.

Among the members of the Standing Committee of the National People's Congress, there shall be an appropriate number of ethnic minority deputies.

The National People's Congress elects and has the power to recall the members of the Standing Committee of the National People's Congress.

Constituent members of the Standing Committee of the National People's Congress must not hold positions in state administrative, supervision, adjudication, or procuratorial organs.

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, and it exercises its functions and powers until the next National People's Congress elects a new Standing Committee.

The chairperson and vice-chairperson of the committee must not serve more than two consecutive terms.

Article 67: The Standing Committee of the National People's Congress exercises the following functions and powers:

(1) Interpreting the Constitution and supervising the implementation of the Constitution;

(2) to enact and revise laws other than those that shall be enacted by the National People's Congress;

(3) When the National People's Congress is not in session, make partial additions to or revise laws enacted by the National People's Congress, provided that they do not contradict the basic principles of that law;

(4) Interpreting laws;

(5) To examine and approve the national economic and social development plan and the part of the adjustment plan necessary in the implementation of the state budget when the National People's Congress is not in session;

(6) Supervise the work of the State Council, the Central Military Commission, the State Supervision Commission, the Supreme People's Court, and the Supreme People's Procuratorate;

(7) Revoke administrative regulations, decisions, and orders formulated by the State Council that contradict the Constitution or laws;

(8) Revoke local regulations and resolutions formulated by the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contradict the Constitution, laws, and administrative regulations;

(9) When the National People's Congress is not in session, decide on the candidates for ministers, chairmen of committees, auditors-general and secretary-generals on the basis of nominations by the Premier of the State Council;

(10) When the National People's Congress is not in session, decide on the candidates for other members of the Central Military Commission on the basis of nominations by the Chairman of the Central Military Commission;

(11) Appoint or remove vice chairmen and members of the State Supervision Commission upon the request of the director of the State Supervision Commission;

(12) Appoint or remove vice presidents, adjudicators, members of the adjudication committee, and presidents of military courts of the Supreme People's Court on the basis of the request of the president of the Supreme People's Court;

(13) To appoint and remove deputy chief procurators, procurators, members of the procuratorial committee, and chief procurators of military procuratorates of the Supreme People's Procuratorate at the request of the chief procurator of the Supreme People's Procuratorate, and to approve the appointment and 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 dismissal of plenipotentiaries stationed abroad;

(15) To decide on the ratification and abrogation of treaties and important agreements concluded with foreign countries;

(16) To stipulate the system of ranks and other special ranks for military personnel and diplomats;

(17) To stipulate and decide on the awarding of State medals and honorary titles;

(18) Decide on amnesty;

(19) To decide on the declaration of a state of war when the National People's Congress is not in session, if the country is subjected to armed aggression or if it is necessary to fulfill international treaties for the common prevention of aggression;

(20) Decide on national general mobilization or partial mobilization;

(21) Decide on a state of emergency for the whole country or 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 of the National People's Congress and convenes meetings of the Standing Committee of the National People's Congress. The vice chairperson and the secretary-general shall assist the chairman in his work.

The chairman, vice-chairman, and secretary-general of the NPC Standing Committee shall form a chairmanship meeting to handle the important routine 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 shall establish the Nationalities Committee, the Constitution and Law Committee, the Finance and Economic Committee, the Education, Science, Culture and Health Committee, the Foreign Affairs Committee, the Overseas Chinese Affairs Committee, and other special committees that need to be established. 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.

Article 71: When the National People's Congress and the Standing Committee of the National People's Congress find it necessary, they may organize an investigation committee on a specific issue, and make corresponding resolutions on the basis of the investigation committee's report.

When the Commission of Inquiry conducts an investigation, all relevant State organs, social organizations and citizens are obliged to provide it with the necessary materials.

Article 72: Deputies to the National People's Congress and members of the Standing Committee of the National People's Congress have the right to submit bills within the scope of the authority of the National People's Congress and the Standing Committee of the National People's Congress in accordance with the procedures prescribed by law.

Article 73: During the sessions of the National People's Congress, deputies to the National People's Congress, and constituent members of the Standing Committee of the National People's Congress have the right to submit motions of inquiry against the State Council or its ministries and committees in accordance with the procedures prescribed by law. The organ questioned must be responsible for replying.

Article 74: Deputies to the National People's Congress are not subject to arrest or criminal trial without the permission of the Presidium of the National People's Congress, and without the permission of the Standing Committee of the National People's Congress when the National People's Congress is not in session.

Article 75: Deputies to the National People's Congress are not subject to legal prosecution for their speeches and votes at various sessions of the National People's Congress.

Article 76: Deputies to the National People's Congress must abide by the Constitution and laws in an exemplary manner, keep State secrets, and assist in the implementation of the Constitution and laws in the production, work, and social activities in which they participate.

Deputies to the National People's Congress shall maintain close ties with their original electoral units and the people, listen to and reflect the people's opinions and demands, and strive to serve the people.

Article 77: Deputies to the National People's Congress are subject to the supervision of their original election units. The original electoral unit has the right to recall the deputies elected by the unit in accordance with the procedures prescribed by law.

Article 78: The organization and work procedures of the National People's Congress and the Standing Committee of the National People's Congress are provided for by law.

Section 2 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 to stand for election and who have reached the age of 45 may be elected President and 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: In accordance with the decisions of the National People's Congress and the Standing Committee of the National People's Congress, the President of the People's Republic of China promulgates laws, appoints and dismisses the premier, vice premiers, state councilors, ministers, chairmen of commissions, auditors-general and secretary-generals, confers State medals and honorary titles, issues amnesty decrees, declares a state of emergency, declares a state of war, and issues mobilization orders.

Article 81 On behalf of the People's Republic of China, the President of the People's Republic of China conducts state activities and accepts foreign envoys, and in accordance with the decision of the Standing Committee of the National People's Congress, dispatches and recalls plenipotentiaries stationed abroad and ratifies and abrogates treaties and important agreements concluded with foreign countries.

Article 82 The Vice-President of the People's Republic of China shall assist the President in his work.

The Vice-President of the People's Republic of China may, as entrusted by the President, act as the President for part of his or her powers.

Article 83: The President and Vice-Presidents of the People's Republic of China shall exercise their functions and powers until the President and Vice-Presidents elected by the next National People's Congress assume office.

Article 84 In the absence of the President of the People's Republic of China, the Vice-President shall succeed him to the post of President.

In the absence of the Vice-President of the People's Republic of China, the National People's Congress shall be elected in a by-election.

When the President and Vice President of the People's Republic of China are vacant, the National People's Congress shall be elected in a by-election;

Section 3: The State Council

Article 85: The State Council of the People's Republic of China, i.e., the Central People's Government, is the executive organ of the highest organ of state power and the highest state administrative organ.

Article 86: The State Council is composed of the following personnel:

premier

A number of Deputy Prime Ministers,

a number of State Councilors,

Ministers,

Directors of the Committees,

Auditor General,

Secretary.

The State Council implements the premier's responsibility system. All ministries and commissions implement the responsibility system of ministers and directors.

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 premier and state councilor shall not serve more than two consecutive terms.

Article 88 The Prime Minister shall lead the work of the State Council. The Deputy Prime Minister and State Councilor assist the Prime Minister in his work.

The Premier, Vice Premiers, State Councilors and Secretary-General shall form the executive meeting of the State Council.

The Premier convenes and presides over the executive meetings of the State Council and the plenary sessions of the State Council.

Article 89: The State Council exercises the following functions and powers:

(1) In accordance with the Constitution and laws, stipulate administrative measures, formulate administrative regulations, and issue decisions and orders;

(2) Submit bills to the National People's Congress or the Standing Committee of the National People's Congress;

(3) To stipulate the tasks and responsibilities of the ministries and commissions, to provide unified leadership for the work of the ministries and commissions, and to lead the national administrative work that is not part of the ministries and commissions;

(4) To uniformly lead the work of local state administrative organs at all levels throughout the country, and to stipulate the specific division of functions and powers between the central and provincial, autonomous regional, and municipal state administrative organs;

(5) Formulating and implementing national economic and social development plans and state budgets;

(6) To lead and manage economic work, urban and rural construction, and the construction of ecological civilization;

(7) To lead and manage education, science, culture, health, physical education, and family planning work;

(8) Leading and managing civil affairs, public security, judicial administration, and other such work;

(9) To administer foreign affairs and conclude treaties and agreements with foreign countries;

(10) To lead and manage the cause of national defense construction;

(11) To lead and administer ethnic affairs, and to guarantee the equal rights of ethnic minorities and the right to autonomy of ethnic autonomous areas;

(12) To protect the legitimate rights and interests of overseas Chinese, and to protect the legitimate rights and interests of returned overseas Chinese and their relatives;

(13) To change or revoke inappropriate orders, directives and regulations issued by ministries and commissions;

(14) Changing or revoking inappropriate decisions and orders of local state administrative organs at all 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) Decide on a state of emergency in some areas within the scope of provinces, autonomous regions, or municipalities directly under the Central Government in accordance with the provisions of law;

(17) to examine and approve the establishment of administrative bodies, in accordance with the provisions of law to appoint and remove, train, evaluate and reward and punish administrative personnel;

(18) Other functions and powers conferred by the National People's Congress and the Standing Committee of the National People's Congress.

Article 90: Ministers of departments and chairmen of committees under the State Council shall be responsible for the work of their respective departments, and shall convene and preside over ministerial meetings, committee meetings, and committee meetings to discuss and decide on major issues in the work of their departments.

Ministries and commissions shall issue orders, directives and rules in accordance with the law and the administrative regulations, decisions and orders of the State Council and within the scope of their respective authority.

Article 91 The State Council shall establish auditing organs to audit and supervise the financial revenues and expenditures of the departments of the State Council and local governments at all levels, as well as the financial revenues and expenditures of the State's financial institutions, enterprises and institutions.

Under the leadership of the Premier of the State Council, auditing institutions shall independently exercise the power of auditing and supervision in accordance with the provisions of the law, and shall not be interfered with by other administrative organs, social organizations and individuals.

Article 92: The State Council is responsible to and reports on the work of the National People's Congress, and when the National People's Congress is not in session, it is responsible to and reports on the work of the Standing Committee of the National People's Congress.

Section 4 The Central Military Commission

Article 93: The Central Military Commission of the People's Republic of China leads the armed forces of the whole country.

The Central Military Commission is composed of the following members:

chairman

A number of Vice-Chairmen,

There are a number of members.

The Central Military Commission implements the chairman's responsibility system.

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 the Standing Committee of the National People's Congress.

Section 5: Local people's congresses at all levels and local people's governments at all levels

Article 95: People's congresses and people's governments are to be established in provinces, municipalities directly under the Central Government, counties, cities, municipal districts, townships, ethnic townships, and towns.

The organization of local people's congresses at all levels and local people's governments at all levels shall be prescribed by law.

Autonomous regions, autonomous prefectures, and autonomous counties shall establish organs of self-government. The organization and work of the organs of self-government shall be prescribed 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 all levels are local organs of state power.

Local people's congresses at or above the county level shall establish standing committees.

Article 97: Deputies to the people's congresses of provinces, municipalities directly under the Central Government, and cities divided into districts are to be elected by the people's congresses at the next lower level;

The number of deputies to local people's congresses at all levels and the method for selecting deputies shall be prescribed by law.

Article 98: The term of office of local people's congresses at all levels is five years.

Article 99: Local people's congresses at all levels shall ensure the observance and enforcement of the Constitution, laws, and administrative regulations within their respective administrative regions;

Local people's congresses at and above the county level examine and approve the national economic and social development plans and budgets within their respective administrative regions and reports on their implementation;

The people's congresses of ethnic townships may, in accordance with the authority prescribed by law, adopt specific measures suited to 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, on the premise that they are not in conflict with the Constitution, laws, or administrative regulations, formulate local regulations and report them to the Standing Committee of the National People's Congress for the record.

The people's congresses of districted cities and their standing committees may, on the premise that they are not in conflict with the Constitution, laws, administrative regulations, or local regulations of that province or autonomous region, formulate local regulations in accordance with the provisions of law, and report them to the standing committee of the people's congress of that province or autonomous region for approval before they take effect.

Article 101: Local people's congresses at all levels separately elect and have the power to recall the governor and vice governor, mayor and vice mayor, county head and deputy county head, district head and deputy district head, township head and deputy township head, town head and deputy town head of the people's government at the same level.

Local people's congresses at the county level or above elect and have the power to remove the chairman of the supervision commission at that level, the president of the people's court at that level, and the chief procurator of the people's procuratorate at that level. The election or removal of the chief procurator of a people's procuratorate must be reported to the chief procurator of the 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 shall be subject to the supervision of their original electoral units; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships and towns shall be subject to the supervision of their voters.

The electoral units and voters of deputies to local people's congresses at all levels have the right to recall deputies elected by them in accordance with the procedures prescribed by law.

Article 103: The standing committees of local people's congresses at or above the county level are composed of chairmen, vice-chairmen, and members, and are responsible to the people's congresses at that level and report on their work.

Local people's congresses at or above the county level elect and have the power to recall the members of the standing committees of the people's congresses at that level.

Members of the standing committees of local people's congresses at the county level or above must not hold positions in state administrative, supervising, adjudicating, or procuratorial organs.

Article 104: The standing committees of local people's congresses at or above the county level discuss and decide on major matters in all aspects of work within their respective administrative regions; The work of the people's courts and people's procuratorates; revoke inappropriate decisions and orders of the people's governments at the same level; revoke inappropriate resolutions of the people's congresses at the next lower level; decide on the appointment and dismissal of functionaries of state organs in accordance with the authority prescribed by law; and recall and by-elect individual deputies to the people's congresses at the next higher level when the people's congresses at the same level are not in session.

Article 105: Local people's governments at all levels are the executive organs of local organs of state power at all levels, and are local state administrative organs at all levels.

Local people's governments at all levels implement a system of responsibility for provincial governors, mayors, county heads, district heads, township heads, and town heads.

Article 106: The term of office of local people's governments at all levels is the same as that of the people's congress at that level.

Article 107: Local people's governments at or above the county level shall, in accordance with the authority prescribed by law, manage economic, educational, scientific, cultural, health, sports, urban and rural construction undertakings, as well as administrative work such as finance, civil affairs, public security, ethnic affairs, judicial administration, and family planning, within their respective administrative regions, and issue decisions and orders, appointing, dismissing, training, evaluating, rewarding and punishing administrative personnel.

The people's governments of townships, ethnic townships, and towns shall implement 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 manage 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, ethnic townships, and towns.

Article 108:Local people's governments at or above the county level have the right to change or revoke inappropriate decisions of their subordinate departments and lower-level people's governments in leading the work of their subordinate departments and lower-level people's governments.

Article 109: Local people's governments at or above the county level shall establish auditing organs. Local audit institutions at all levels independently exercise the power of auditing and supervision in accordance with the provisions of the law, and are responsible to the people's governments at the same level and the audit institutions at the next higher level.

Article 110: Local people's governments at all levels are responsible to the people's congresses at that level and report on their work. Local people's governments at or above the county level shall be responsible to the standing committees of the people's congresses at the corresponding levels and report on their work when the people's congresses at the corresponding levels are not in session.

Local people's governments at all levels are responsible to the state administrative organs at the next higher level and report on their work. 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 the State Council.

Article 111: Residents' committees or villagers' committees established in urban and rural areas according to the areas where residents live are basic-level mass autonomous organizations. The directors, vice-chairmen, and members of residents' committees and villagers' committees are elected by residents. The relationship between residents' committees and villagers' committees and grass-roots political power shall be prescribed by law.

Residents' committees and villagers' committees are to set up people's mediation, public security, public health, and other committees to handle public affairs and public welfare undertakings in their respective areas of residence, mediate civil disputes, assist in maintaining public order, and reflect the opinions, demands, and suggestions of the masses to the people's government.

Section 6: Organs of self-government in ethnic autonomous areas

Article 112: The organs of self-government in ethnic 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 congresses of autonomous regions, autonomous prefectures, and autonomous counties, in addition to the representatives of the ethnic groups exercising regional autonomy, other ethnic groups residing in their respective administrative regions shall also have an appropriate number of representatives.

The standing committees of the people's congresses of autonomous regions, autonomous prefectures, and autonomous counties shall have citizens of ethnic groups exercising regional autonomy serving as chairmen or vice-chairmen.

Article 114:The chairman of an autonomous region, the governor of an autonomous prefecture, and the head of an autonomous county shall be a citizen of an ethnic group 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 3 of the Constitution, and at the same time exercise the right of autonomy in accordance with the authority provided for in the Constitution, the Law on Regional Ethnic Autonomy, and other laws, and implement the laws and policies of the State in accordance with the actual conditions of their respective localities.

Article 116: The people's congresses of ethnic autonomous areas have the power to formulate autonomous regulations and special regulations in accordance with the political, economic, and cultural characteristics of the local ethnic groups. The autonomous region's autonomous regulations and special regulations shall take effect after being submitted to the Standing Committee of the National People's Congress for approval. Autonomous regulations and special regulations of autonomous prefectures and autonomous counties shall take effect after approval by the standing committee of the people's congress of the province or autonomous region, and shall be reported to the Standing Committee of the National People's Congress for the record.

Article 117 The organs of self-government of ethnic autonomous areas shall have the right of autonomy in managing local finances. All the fiscal revenues belonging to the ethnic autonomous areas in accordance with the state financial system shall be arranged and used by the organs of self-government of the ethnic autonomous areas on their own initiative.

Article 118 The organs of self-government of ethnic autonomous areas shall, under the guidance of the State plan, independently arrange and manage local economic construction undertakings.

The state shall take into account the interests of ethnic autonomous areas when developing resources and building enterprises.

Article 119: The organs of self-government of ethnic autonomous areas shall independently manage their own educational, scientific, cultural, public health, and sports undertakings, protect and organize the cultural heritage of ethnic groups, and develop and prosper ethnic culture.

Article 120: In accordance with the military system of the State and the actual needs of the locality, and with the approval of the State Council, the organs of self-government of ethnic autonomous areas may organize public security forces for the maintenance of public order in their respective localities.

Article 121 In performing their duties, the organs of self-government of ethnic autonomous areas shall, in accordance with the provisions of the regulations on the autonomy of their respective ethnic autonomous areas, use one or more languages commonly used in the locality.

Article 122: The State shall assist all ethnic minorities in accelerating the development of economic and cultural construction in the areas of finance, materials, and technology.

The State assists ethnic autonomous areas in training a large number of cadres at all levels, various professional personnel, and skilled workers from among the local ethnic groups.

Section 7: Supervision Commissions

Article 123: All levels of Supervision Commissions of the People's Republic of China are the State's Supervision Organs.

Article 124: The People's Republic of China is to establish the State Supervision Commission and all levels of local Supervision Commission.

The Supervisory Committee is composed of the following members:

director

Several deputy directors,

There are a number of members.

The term of office of the chairperson of the Supervision Commission is the same as that of the people's congress at that level. The director of the State Supervision Commission must not serve more than two consecutive terms.

The organization and authority of the Supervision Commission shall be prescribed by law.

Article 125: The State Supervision Commission of the People's Republic of China is the highest supervision organ.

The State Supervision Commission leads the work of all levels of local Supervision Commissions, and the higher-level Supervision Commission leads the work of the Supervision Commissions at the lower level.

Article 126: The State Supervision Commission is responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local supervision commissions at all levels are responsible to the organs of state power that produced them and to the supervision commissions at the next higher level.

Article 127: Supervision commissions are to exercise supervision power independently in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Supervision organs handling cases of violations and crimes abusing public office shall cooperate with the adjudication organs, procuratorates, and law enforcement departments and restrain each other.

Section 8: People's courts and people's procuratorates

Article 128:The people's courts of the People's Republic of China are the adjudication organs of the state.

Article 129:The People's Republic of China is to establish the Supreme People's Court, local people's courts at all levels, military courts, and other specialized 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 or she must not serve more than two consecutive terms.

The organization of the people's courts shall be prescribed by law.

Article 130:People's courts hearing cases are to be heard in public, except in special circumstances provided for by law. The accused has the right to a defence.

Article 131:People's courts exercise adjudication power independently in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 132:The Supreme People's Court is the highest adjudication organ.

The Supreme People's Court supervises the adjudication work of local people's courts at all levels and specialized people's courts, and the people's courts at higher levels supervise the adjudication 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 the Standing Committee of the National People's Congress. The local people's courts at all levels are responsible to the organs of state power that gave rise to them.

Article 134: The People's Procuratorate of the People's Republic of China is the State's legal supervision organ.

Article 135: The People's Republic of China establishes specialized people's procuratorates such as the Supreme People's Procuratorate, local people's procuratorates at all levels, and military procuratorates.

The term of office of the chief procurator of the Supreme People's Procuratorate is the same as that of the National People's Congress, and the term of office must not exceed two consecutive terms.

The organization of the people's procuratorate shall be prescribed by law.

Article 136: The People's Procuratorate exercises its procuratorial power independently in accordance with the provisions of law, and is not subject to interference by administrative organs, social groups, or individuals.

Article 137: The Supreme People's Procuratorate is the highest procuratorial organ.

The Supreme People's Procuratorate leads the work of local people's procuratorates at all levels and specialized people's procuratorates, and the people's procuratorates at higher levels lead 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 the Standing Committee of the National People's Congress. Local people's procuratorates at all levels are responsible to the organs of state power that produced them and to the people's procuratorates at higher levels.

Article 139:Citizens of all ethnic groups have the right to conduct litigation in their own spoken and written languages. People's courts and people's procuratorates shall translate for litigation participants who are not proficient in the spoken and written languages commonly used in the locality.

In areas where ethnic minorities live in large concentrations or where multiple ethnic groups live together, trials shall be conducted in the language commonly used in the locality, and indictments, judgments, notices, and other documents shall be in one or more languages commonly used in the locality as needed.

Article 140: People's courts, people's procuratorates, and public security organs handling criminal cases shall divide labor and responsibility, cooperate with each other, and restrain each other, so as to ensure accurate and effective enforcement of the law.

Chapter IV National Flag, National Anthem, National Emblem, and Capital

Article 141: The national flag of the People's Republic of China is a five-star red flag.

The national anthem of the People's Republic of China is the March of the Volunteers.

Article 142 The National Emblem of the People's Republic of China has Tiananmen Square illuminated by five stars in the center, surrounded by ears of grain and gears.

Article 143: The capital of the People's Republic of China is Beijing.

Source: He Jing Nusheng