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The formal structure of government is based on the State Constitution adopted on December 4, 1982, by the National People's Congress (NPC), China's highest legislative body. The 1982 Constitution superseded three previous state constitutions--those of 1954, 1975, and 1978.
The 1982 Constitution is a lengthy, hybrid document with 138 articles. Large sections were adapted directly from the 1978 constitution, but many of its changes derive from the 1954 constitution. Specifically, the new Constitution deemphasizes class struggle and places top priority on development and on incorporating the contributions and interests of nonparty groups that can play a central role in modernization.
The 1982 Constitution has been amended twice since its adoption:
- Articles 10 and 11 were amended at the First Session of the Seventh National People's Congress on April 12, 1988. (view amendments)
- The Preamble and Articles 7, 8, 15, 16, 17, 42 and 98 were amended at the First Session of the Seventh National People's Congress on March 29,1993. (view amendments)
Article 1 of the Constitution describes China as a "people's democratic dictatorship," meaning that the system is based on an alliance of the working classes--in Communist terminology, the workers and peasants--and is led by the Communist Party.
The 1982 State Constitution emphasizes socialist law as a regulator of political behavior. Thus, the rights and obligations of citizens are set out in detail far exceeding that provided in the 1978 constitution. Probably because of the excesses that filled the years of the Cultural Revolution, the 1982 Constitution gives even greater attention to clarifying citizens' "fundamental rights and duties" than the 1954 constitution did.
Article 35 of the 1982 State Constitution states that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration." In the 1978 constitution, these rights were guaranteed, but so were the rights to strike and the "four big rights," often called the "four bigs": to speak out freely, air views fully, hold great debates, and write big-character posters. In February 1980, following the Democracy Wall period, the four bigs were abolished in response to a party decision ratified by the National People's Congress. The right to strike was also dropped from the 1982 Constitution. The widespread expression of the four big rights during the student protests of late 1986 elicited the regime's strong censure because of their illegality. The official response cited Article 53 of the 1982 Constitution, which states that citizens must abide by the law and observe labor discipline and public order. Besides being illegal, practicing the four big rights offered the possibility of straying into criticism of the CCP, which was in fact what appeared in student wall posters. In a new era that strove for political stability and economic development, party leaders considered the four big rights politically destabilizing.
The 1982 State Constitution is also more specific about the responsibilities and functions of offices and organs in the state structure. There are clear admonitions against familiar Chinese practices that the reformers have labeled abuses, such as concentrating power in the hands of a few leaders and permitting lifelong tenure in leadership positions. In addition, the 1982 Constitution provides an extensive legal framework for the liberalizing economic policies of the 1980s. It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity. Members of the expanded rural collectives have the right "to farm private plots, engage in household sideline production, and raise privately owned livestock." The primary emphasis is given to expanding the national economy, which is to be accomplished by balancing centralized economic planning with supplementary regulation by the market.
Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside help for the modernization program. Whereas the 1978 constitution stressed "self-reliance" in modernization efforts, the 1982 document provides the constitutional basis for the considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy. In addition, the 1982 State Constitution reflects the more flexible and less ideological orientation of foreign policy since 1978. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped.
Amendments to the 1982 PRC Constitution
Adopted at the First Session of the Seventh National People's Congress on April 12, 1988
1. Article 11 of the Constitution shall include a new paragraph, which reads: "The state permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the socialist public economy. The state protects the lawful rights and interests of the private sector of the economy, and exercises guidance, supervision and control over the private sector of the economy."
2. The fourth paragraph of Article 10 of the Constitution, which provides that "no organization or individual may appropriate, buy, sell or lease land, or unlawfully transfer land in other ways," shall be amended as: "No organization or individual may appropriate, buy, sell or unlawfully transfer land in other ways. The right to the use of the land may be transferred in accordance with the law."
Adopted at the First Session of the Seventh National People's Congress on March 29,1993
Article 3
The final two sentences of the seventh paragraph of the Preamble to the Constitution, ("The basic task of the nation in the years to come is to concentrate its efforts on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step to turn China into a socialist country with a high level of culture and democracy."), are amended to "Our country is in the primary stage of socialism. The basic task before the nation is the concentration of efforts of socialist modernization construction in accordance with the theory of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road and to uphold reform and opening to the outside world, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step to build China into a strong, prosperous culturally advances, democratic socialist nation."
Article 4
The following sentence is added to the end of the tenth paragraph of the Preamble to the Constitution: "Multi-party cooperation and the political consultation system under the leadership of the Communist Party of China shall continue and develop for the extended future."
Article 5
Article 7 of the Constitution, ("The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy."), is amended to "The state-owned economy, i.e. the socialist economy with ownership by the people as a whole, is the leading force in the national economy. The state will ensure the consolidation and development to the state-owned economy."
Article 6 The first
paragraph of Article 8 of the Constitution, ("Rural people's communes, agricultural producers' cooperatives and other forms of cooperative economy, such as producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of the socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their use, engage in household sideline production and raise privately owned livestock.)", is amended to "The rural contracted responsibility system based mainly on the household linking remuneration to output and cooperative economic forms such as producers', supply and marketing, credit and consumers' cooperatives are part of the socialist economy collectively owned by the working people. Working people who are all members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock."
Article 7
Article 15 of the Constitution, ("The state practices planned economy on the basis of socialist public ownership. It ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market. Disturbance of socioeconomic order or disruption of the state economic plan by an organization or individual is prohibited."), is amended to "The state practices socialist market economy." "The shall enhance economic legislation and improve macro-control of the economy." "The state shall, in accordance with the law, prohibit disturbance of the socioeconomic order by any organization or individual."
Article 8
Article 16 of the Constitution, ("State enterprises have decision-making power with regard to operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state and fulfill their obligations under the state plan. State enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law."), is amended to "State-owned enterprises have decision-making power with regard to operations within the limits prescribed by law. State-owned enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law."
Article 9
Article 17 of the Constitution, ("Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws. Collective economic organizations practice democratic management in accordance with the law. The entire body of their workers elects or removes their managerial personnel and decides on major issues concerning operation and management."), is amended to "Collective economic organizations have decision-making power in conduction independent economic activities, on condition that they abide by the relevant laws. Collective economic organizations practice democratic management, elect and remove their managerial personnel in accordance with the law and decide major issues concerning operation and management."
Article 10
The third paragraph of Article 42 of the Constitution, ("Work is a matter of honor for every citizen who is able to work. All working people in state enterprises and in urban and rural economic collectives, should approach their work as the masters of the country that they are. The state promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor."), is amended to "Work is a matter of honor for every citizen who is able to work. All working people in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor."
Article 11
Article 98 of the Constitution, ("The term of office of the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns is three years.") is amended to "The term of office of the people's congresses of provinces, municipalities directly under the Central Government, counties, cities and districts under the jurisdiction of the municipal government is five years. The term of office of the people's congresses of townships, nationality townships and towns is three years."
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