Representative Christopher H. Smith, Chair
Senator Jeff Merkley, Cochair
PRC Legal Provisions
Additional Laws and Regulations
Regulations on the Locations and Surrounding Areas Where Mass Rallies and Demonstrations Are Prohibited
April 3, 2006
The following text was retrieved from the Law-Lib.com <A HREF="https://www.law-lib.com/law/law_view.asp?id=20856">Web site</A> on March 27, 2006. |
Central Party Regulations On the Work of Grassroots Rural Organizations
April 3, 2006
This document was retrieved on March 9, 2006 from the Law-Lib <a href="https://www.law-lib.com/law/law_view.asp?id=14411">web site</a>. Partial staff translation follows. Article 8 The main responsibilities of town and township Party organizations are: 1) Carrying out Party policy and the directives of higher level Party organizations and town or township Party assembly. . . . 3) Leading (lingdao) town and township government bureaus and mass organizations, supporting and ensuring that these bureaus and organizations exercise their responsibilities in accordance with national law and their charters. . . . 6) Leading the construction of socialist rule of law and spiritual civilization in the respective town or township, carrying out comprehensive management of social order and birth control work. Article 9 The main responsibilities of village Party branches are: 1) Carrying out Party policy and the directives of higher level Party organizations and villager Party assembly. . . . 3) Leading (lingdao) and promoting village-level democratic elections, democratic decisions, and democratic supervision. Supporting and promoting villager economic activities to develop autonomously in accordance with law. Leading villager committees, collective village economic organizations, the Youth League, Women's Federation, the people's militia, and other mass organizations. Supporting and ensuring that these organizations exercise their responsibilities in accordance with national law and their charters. |
Chinese White Paper on Democratic Governance (Chinese and English Text)
March 31, 2006
The following translation was retrieved from the Xinhua Online <a HREF="https://news.xinhuanet.com/english/2005-10/19/content_3645750.htm">Web site</a> on October 19, 2005.<HR> White paper: Building of Political Democracy in China (Full text) www.chinaview.cn 2005-10-19 10:55:15 BEIJING, Oct. 19 (Xinhuanet) -- The Information Office of China's State Council on Wednesday issued a white paper titled Building of Political Democracy in China. The following is the full text of the document: Building of Political Democracy in China Information Office of the State Council of the People's Republic of China October 2005, Beijing Contents Preface I. A Choice Suited to China's Conditions II. The CPC Led the People to Become Masters of the State III. The People's Congress System IV. The System of Multi-Party Cooperation and Political Consultation Under the Leadership of the CPC V. The System of Ethnic Regional Autonomy VI. Grassroots Democracy in Urban and Rural Areas VII. Respecting and Safeguarding Human Rights VIII. The Democratic Rule by the Communist Party of China IX. Government Democracy X. Judicial Democracy Conclusion Preface Democracy is an outcome of the development of political civilization of mankind. It is also the common desire of people all over the world. Democracy of a country is generated internally,not imposed by external forces. In the course of their modern history, the Chinese people have waged unrelenting struggles and made arduous explorations in orderto win their democratic rights. But only under the leadership of the Communist Party of China (CPC) did they really win the right to be masters of the state. The Chinese people dearly cherish and resolutely protect their hard-earned democratic achievements. Because situations differ from one country to another, the paths the people of different countries take to win and develop democracy are different. Based on the specific conditions of China,the CPC and the Chinese people first engaged in a New Democratic Revolution, and after New China was founded in 1949, and proceeding from the actual situation of the primary stage of socialism, began to practice socialist democracy with its own characteristics. The experience over the past few decades has proved that embarking on this road of development of political democracy chosen by the Chinese people themselves not only realized the Chinese people's demand to be masters of their own country, but is also gradually realizing their common ideal to build their country into a strong and modern socialist country. Socialist democracy with Chinese characteristics is being constantly improved and developed. Since China adopted the reform and opening-up policies at the end of the 1970s, while making efforts to steadily deepen the reform of its economic system, the country has unswervingly pushed forward reforms of its political system. China's democratic system has been continuously improved, and the forms of democracy are becoming more varied. The people are exercising fully their right to be masters of the state. The building of political democracy with Chinese characteristics is progressing with the times, exhibiting great vigor and vitality. I. A Choice Suited to China's Conditions The experience of political civilization of mankind over a history of several millenniums is ample proof of the truth that the political system a country adopts and the road to democracy ittakes must be in conformity with the conditions of that country. The socialist political democracy of China is rooted in the vast land of fertile soil on which the Chinese nation has depended for its subsistence and development over thousands of years. It grew out of the experience of the CPC and the Chinese people in their great practice of striving for national independence, liberation of the people and prosperity of the country. It is the apt choice suited to China's conditions and meeting the requirement of socialprogress. China has a history of 5,000 years of civilization. Boasting a splendid civilization in the same league as those of ancient Egypt,India and Babylon, China has contributed greatly to the development and progress of mankind. The Chinese people are industrious, courageous and full of wisdom. It is generally acknowledged in the world that the Chinese nation has a long, uninterrupted history and a rich cultural heritage. China had a long history of feudal society, and when, from 1840on, the Western imperialist powers launched, time and again, aggressive wars against China, the corrupt and weak feudal ruling class buckled, and China was reduced to a semi-colonial, semi-feudal society. For nearly 110 years after that, China becamea target of plunder for almost all the imperialist countries, big and small. The Chinese nation was plunged into the most dangerous situation: suffering from invasion by imperialism from the outsideand oppression by feudalism on the inside. The Chinese people had no democratic rights whatsoever. To change the fate of the countryand the nation, generation after generation of Chinese people roseup and waged heroic struggles, one stepping into the breach the moment another fell. In this movement to save China from destruction, some of the elite turned their eyes to the West for a road that would save thecountry and the people. They started a bourgeois democratic revolution in China. The Revolution of 1911, led by Dr. Sun Yat-sen, forerunner of the democratic revolution in China, broughtto an end the autocratic monarchical system that had been in placefor more than 2,000 years. But the bourgeois republic, including the parliamentarism and multi-party system that were subsequently established after the Revolution of 1911 in imitation of the mode of Western democracy, did not fulfill the fervent desire of the Chinese people for independence and democracy. The new republic soon collapsed under the onslaught of domestic and foreign reactionary forces. A contemporary said in anger and grief, "Many lives were lost and a lot of blood was shed, but what we achieved was a counterfeit republic." The Chinese people had still not shaken off oppression, slavery and exploitation. What was the way out for China? The Chinese people were pondering, exploring and struggling in the dark. Through painstaking exploration and hard struggle, the Chinese people finally came to realize that mechanically copying the Western bourgeois political system and applying it to China would lead them nowhere. To accomplish the historic task of saving Chinaand triumphing over imperialism and feudalism, the Chinese people needed new thought and new theories to open up a new road for the Chinese revolution and establish a totally new political system. The important historic task of leading the Chinese people to find this new road and establish a new system landed on the shoulders of the Chinese communists. In 1921, some progressive intellectualswho had studied the ideology of democracy and science combined Marxism and Leninism with the Chinese workers' movement, and founded the CPC. After that, under the leadership of the CPC, the Chinese revolution entered the period of New Democracy, characterized by thorough opposition to imperialism, feudalism andbureaucratic capitalism. After fighting bravely for 28 difficult years, China finally achieved national independence and the people's liberation. As the vanguard of the Chinese working class, the Chinese people and the Chinese nation, the CPC has taken as its own task the realization and development of a people's democracy right fromthe date of its founding. The goal of the CPC's leadership of the people in revolutionary struggles is to realize democracy for the overwhelming majority of people, and not just for a minority of the people. The CPC creatively combines the general truth of Marxism-Leninism with the actual situation of the Chinese revolution, setting out such democratic concepts as "democracy forthe workers and peasants," "people's democracy," and "new democracy," to enrich and develop Marxist theories on political democracy. In its history, the CPC has adopted many different organizational forms, such as the congress of workers on strike, peasants' association, the Soviet of representatives of workers, peasants and soldiers, the congress of councilors, and the congress of people from all walks of life. These forms of political democracy were suited to the actual conditions in China at various periods of time and were able to guarantee that the people were the masters of the state. These forms of political democracy were a striking contrast to the ruling system of the Kuomintang, and they reflected the people's wishes and enjoyed popular support. The first plenary session of the Chinese People's Political Consultative Conference (CPPCC) was convened in September 1949, onthe eve of the founding of the People's Republic of China (PRC). It was an important meeting at which the CPC discussed major matters concerning the founding of the new republic in line with the principle of democracy with all democratic parties, people's organizations and democratic personages without party affiliation.It decided on the state system and organizational form of state power of New China. The meeting adopted the "Common Program of theChinese People's Political Consultative Conference," which served as a provisional constitution of the new republic. The Common Program clearly stipulated, "The People's Republic of China is a state of new democracy, or of the people's democracy. It will practice people's democratic dictatorship under the leadership of the working class, on the basis of the alliance of workers and peasants, uniting all democratic classes and people of all ethnic groups in China"; "The state power of the People's Republic of China belongs to the people. The organs through which the people exercise state power are the people's congresses and people's governments at all levels." The founding of the PRC on October 1, 1949 marked the great victory of the New Democratic Revolution wonby the Chinese people under the leadership of the CPC and the fundamental change that had taken in the political status of the Chinese people. From then on, the Chinese people became the real masters of their country, society and their own fate. The establishment of New China marked a great leap from the 2,000-year-old autocratic feudal political system and the unsuccessful trials in contemporary China imitating the mode of Western democratic political systems to the new people's democratic political system. Not long after the founding of New China, the first general election in Chinese history -- with the biggest-ever turnout of the people -- was held all over the country in 1953. The people exercised the power of being masters of the state by electing their own deputies, and people's congresses were held first at lower levels and then at higher levels. In September 1954, the first session of the First National People's Congress was held, marking the formal establishment of the system of people's congress all over China. The Constitution of the People's Republicof China, which had been discussed widely among the people prior to the session, was adopted at the congress. It established the state system of the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, and the political system, i.e., the people's congress system, as the basic political systems of the PRC. It also clearly stipulatedthat "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. Democratic centralism shall be practiced in the National People's Congress and the local people'scongresses at various levels as well as in all other state organs." The establishment of the system of people's congress and the promulgation of the Constitution of the People's Republic of Chinameant that the Chinese people's exercise of the right to be masters of the state now had a reliable institutional guarantee and constitutional basis. By 1956, most areas in China had completed the socialist transformation of the private ownership ofthe means of production, thereby completing the transition from the historical period of New Democracy to that of socialism. Thus,the basic system of socialism was established, and the widest and deepest social transformation in Chinese history has accomplished.But, New China made some detours in its quest of the way to build political democracy. The grave mistakes of the "cultural revolution" (1966-1976), in particular, caused a serious setback for China in building its political democracy, and the nation learned a bitter lesson. After China adopted the reform and opening-up policies in the late 1970s, the CPC summed up both its positive and negative historical experiences, and led the people into a new period in building China's socialist political democracy. Without democracy there could be no socialism, much less socialist modernization; the socialist legal system had to be strengthened so that democracy could be institutionalized; it was necessary to govern the country by law and build a socialist country under the rule oflaw; socialist political democracy had to be developed and socialist political civilization had to be built; the CPC's leadership, the people being the masters of the state and governing the country by law had to be integrated; and the people had to be put first, and the country must be governed for the people so as to build a harmonious socialist country. All these have become the common understanding of the CPC and the people of all ethnic groups of China as they improve and develop socialist political democracy, and will serve as their guiding principles asthey move forward. Over the past 20 years and more, great progress has been made in China's practice of building a socialist democratic political system. The system of the people's congress, the system of multi-party cooperation and political consultation under the leadership of the CPC, and the system of regional autonomy for ethnic minorities -- all important components of China's democratic system -- have been continuously improved and developed. The democratic rights of people at the grassroots levelin urban and rural areas have been constantly increased, and the citizens' basic rights are respected and guaranteed. The CPC's capability to rule the country in a democratic manner has been enhanced further, while the government's capability to administer the country in a democratic manner has been strengthened noticeably. Continual progress has been made in building a democratic system within the legal framework. Marked achievements have been recorded in the reform of the state leadership system, legislative system, administrative management system, decision-making system, judicial system, personnel system, and supervision and checking system. Guided by the objective of rulingthe country by law and building a socialist country under the ruleof law, more efforts are being made to build socialist democracy so that it is institutionalized, standardized and in line with prescribed procedures. A socialist law regime with Chinese characteristics and with the Constitution at its core has been preliminarily formed. Major aspects of China's politics, economics,culture and social life are now within the purview of the rule of law. In building socialist political democracy, China has always adhered to the basic principle that the Marxist theory of democracy be combined with the reality of China, borrowed from theuseful achievements of the political civilization of mankind, including Western democracy, and assimilated the democratic elements of China's traditional culture and institutional civilization. Therefore, China's socialist political democracy shows distinctive Chinese characteristics. -- China's democracy is a people's democracy under the leadership of the CPC. Without the Communist Party there would be no New China. Nor would there be people's democracy. This is a fact that has been borne out by history. The Chinese people won the right to be masters of the state only after many years of arduous struggle under the leadership of the CPC. The democratic political system in China was established by the Chinese people led by the CPC. The development and improvement of this system arealso carried out under the CPC's leadership. The leadership of CPCis a fundamental guarantee for the Chinese people to be masters inmanaging the affairs of their own country. -- China's democracy is a democracy in which the overwhelming majority of the people act as masters of state affairs. That the people are the masters is the quintessence of China's socialist democracy. In China, the publicly owned sector of the economy is the economic foundation of China's socialist system. In the primary stage of socialism, the state persists in the basic economic system with public ownership playing a dominant role and diverse forms of ownership developing side by side and the distribution system in which to each according to his work is predominant while other forms of distribution exist side by side. This ensures, from the perspective of economic foundation, that China's democracy will not be manipulated by capital; it is not a democracy for a small number of people, but one for the overwhelming majority of the people. In China, people enjoying thedemocratic rights include everyone who has not been deprived of political rights by law. -- China's democracy is a democracy guaranteed by the people's democratic dictatorship. Under the people's democratic dictatorship, on the one hand, democracy of the widest scope is practiced among the people, human rights are respected and ensured,and state power is in the hands of the people and serves the interests of the people. On the other, criminal activities, such as sabotage of the socialist system, endangering state security and public security, infringement on citizens' rights of the person or their democratic rights, embezzlement, bribery and dereliction of duty, are penalized according to law so as to safeguard the fundamental interests of the broad masses. -- China's democracy is a democracy with democratic centralism as the basic organizational principle and mode of operation. Democratic centralism is the fundamental principle of organizationand leadership of state power in China. When democratic centralismis practiced, it requires that we give full play to democracy and discuss matters of concern collectively, so that people's wishes and demands are fully expressed and reflected. Then, all the correct opinions are pooled, and decisions are made collectively so that the people's wishes and demands are realized and met. The practice of democratic centralism also requires that "the majoritybe respected while the minority is protected." We are against the anarchic call for "democracy for all," and against anybody placinghis own will above that of the collective. II. The CPC Led the People to Become Masters of the State The CPC's leading status was established gradually in the protracted struggle and practice of the Chinese people in pursuingnational independence, prosperity and a happy life. It was a choice made by history and by the people. The Chinese revolution, construction and reform have demonstrated to the world that it wasthe CPC that led the Chinese people to find the correct road to win national independence and liberation. It was the CPC that led the Chinese people to find the correct road to build China into a prosperous, democratic and civilized modern country. It is precisely because of this historical reason that the CPC's leadingstatus is clearly described in the Constitution of the People's Republic of China. Today, the CPC's leadership and rule in China is an objective requirement of the country's development and progress. -- The CPC's leadership and rule is needed for promoting socialist modernization and realizing great national rejuvenation.It has been the aspiration and dream for the Chinese people to ridtheir country of its poor and backward outlook, and realize modernization and national rejuvenation over the past 100 years. Under the leadership of the CPC, after making a range of explorations and efforts over the past 56 years since the foundingof New China, China has cast off its former state of abject poverty. Productivity has grown rapidly, overall national strengthhas increased greatly and people's life has improved markedly. China's international status has been elevated, and its international influence is increasing day by day. Especially in the 26 years since the initiation of the reform and opening-up policies, China has created an economic miracle -- its GDP has been increasing at an average annual rate of 9.4 percent, and the general living standard of the 1.3 billion Chinese people has, in general, reached the moderately well-off level. It is the unswerving choice of the Chinese people to march toward the goal of prosperous, democratic, civilized socialist modernization underthe leadership of the CPC. -- The CPC's leadership and rule is needed for safeguarding China's unification and keeping Chinese society harmonious and stable. History has proved time and again that, without the unification of the country and social stability, there will be no prosperity for the country, and the people will not be able to live and work in peace and contentment. Foreign invasions, warlordrampages and political turmoil brought disaster after disaster to contemporary China. That period of history left an indelible impression on the memory of the Chinese people. The unification and stability of China is a blessing for the Chinese people. It isalso in keeping with the interests of the people of all other countries in the world. To safeguard the country's unification andsocial stability has always been a matter of paramount importance at which the people of all ethnic groups in China are most concerned. The CPC is the faithful representative of the fundamental interests of the Chinese people of all ethnic groups. Guided by scientific theories, with the support of nearly 3,500,000 Party organizations and 69,600,000 Party members and based on its rich experience in exercising state power and its capability in controlling the overall situation, the CPC has been planning as a whole social and economic development and making efforts to build a harmonious socialist society to safeguard the country's unification as well as social harmony and stability. -- The CPC's leadership and rule is needed for making the statepower stable. China is a vast country with a large population. There are great disparities in terms of development between urban and rural areas, and between different regions. It is of unusual significance for China to have a stable state power. Only then canChina concentrate on construction and development, and only then can the country's development strategy and goal of modernization be pursued for a long time and through to the end. Only then can all kinds of unnecessary and unwanted internal political strife beminimized, all positive factors be exploited to the full, and all resources, strength and wisdom be pooled to tackle major problems that have a bearing on the nation's economy and the people's livelihood, and to ensure sustainable social and economic development. -- The CPC's leadership and rule is needed for uniting hundredsof millions of people to work in concerted efforts in building a beautiful future. In Old China, the society was disunited, like a heap of loose sand. That was a painful experience for the Chinese people. In a big country like China, with such a large population and where things are complicated, if there had not been a strong political core and if there had not been a lofty goal that can unite the people of all ethnic groups in their common struggle, the country would have disintegrated easily, and it would have been impossible for China to develop and make progress. Experiencehas shown that, in China, it is the CPC that unites the Chinese people, gives full play to their enthusiasm, initiative and creativity, and has them engage, heart and soul, in the common struggle for their common interests, common cause, common ideal and a better future for China. -- The CPC's leadership and rule is, in essence, to lead, support and ensure that the people are the masters of the state. All power in the PRC belongs to the people. This is a fundamental principle for building political democracy in China. It is also anessential requirement of the CPC's leadership and exercise of state power. In China, the CPC leads and supports the people to bethe masters of the state and ensures its realization. This provides an institutional and legal guarantee that the fundamentalprinciple, that is, all power in the PRC belongs to the people, isfully and thoroughly implemented and embodied in every aspect of national and social activities. The CPC has led the people to formulate the Constitution and laws. It takes the lead in observing and safeguarding the Constitution and laws, and combats resolutely all activities that violate the Constitution and laws. The following specific forms explain how the CPC leads and supports the people to be the masters of the state, and ensures its realization: First, it provides leadership to the people in wielding state power through the people's congress system. In thisway, it ensures that the laws, guiding principles and policies formulated by the state reflect the common will of the people and protect their fundamental interests, and guarantees that the people become the masters of the state. Second, it leads the people to manage state affairs, economic and cultural undertakingsand social affairs by abiding by the Constitution and the provisions of the laws and through various channels and in different forms, so as to ensure that the development of all undertakings of the state is in line with the people's wishes, interests and demands. Third, it leads the people to practice grassroots democracy and manage their own affairs in accordance with the law, so as to enable them to exercise self-management, self-education and self-service through democratic elections, democratic decision-making, democratic management and democratic supervision. Fourth, it leads the people to strictly observe the principle that all citizens are equal before the law, so as to enable the citizens to enjoy widespread freedom and rights as prescribed in the law as well as in practice, respect and protect human rights, and safeguard fairness and justice. These institutional and legal guarantees ensure that the people are the masters of the country, and they can use their own public rights and all rights of citizenship to safeguard and realize their own interests. III. The People's Congress System The people's congress system is the fundamental political system by which the Chinese people act as masters of the state. The Chinese people exercise state power through the National People's Congress (NPC) and the local people's congresses at various levels. China has adopted a unicameral parliamentary system based on its national conditions, rather than the bicameral system instituted in Western countries. The Chinese Constitution stipulates: the NPC of the PRC is the highest organ of state power. In China, all administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and by which they are supervised. All major issues of the state are decided by the people's congresses. The administrative organs are responsible for implementing the laws, resolutions and decisions adopted by the people's congresses. The courts and procuratorates exercise their respective powers of jurisdiction and prosecution independently, in line with the stipulations of the law, free from interference by any administrative authority, social organization or individual. The NPC and the local people's congresses at various levels areestablished through democratic elections. They are responsible to the people and subject to their supervision. The Chinese Constitution states that all citizens who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religiousbelief, education, property status or length of residence, except for persons deprived of political rights in accordance with the law. The deputies to the local people's congresses at county and township levels are elected directly by the electors. Over the years, the population that has enjoyed the right to vote and standfor election has accounted for more than 99 percent of the number of citizens at or above the age of 18, and the ratio of participation in elections has been around 90 percent. Due to China's realities, the deputies to the people's congresses above the county level are elected indirectly, that is, by the people's congress at the immediately lower level. A competitive election system is adopted in both direct and indirect elections in accordance with the law. The electors and the electoral units havethe power to recall or replace deputies they have elected according to the procedures prescribed by law. At present, there are 2.8 million deputies to the people's congresses at all levels nationwide, and they are from various ethnic groups, trades, social strata and political parties and are therefore highly representative. The deputies from workers and farmers account for a considerable proportion of deputies to people's congresses at different levels. For instance, worker and farmer deputies accountfor 18.4 percent of the total number of deputies to the Tenth NPC (March 2003-March 2008). To ensure that state power is truly in the hands of the entire people, the deputies must convey and represent the interests and will of the people when exercising their functions and powers. They have the right to propose bills, examine and discuss bills and reports, and vote on bills in accordance with the law, and may not be held legally liable for their speeches or votes at the meetings of the people's congresses. The Chinese Constitution and law stipulate that the term of office of each NPC and each of local people's congresses at various levels is five years, and the NPC meets in session once a year, and local people's congresses at various levels meet at least once a year. The Election Law of People's Congresses also prescribes that the number of deputies to each NPC shall not exceed 3,000. Since the number of deputies to the NPC is fairly large and makes it inconvenient to hold frequent meetings, the NPCStanding Committee is established in accordance with the stipulation of the Constitution to exercise the functions and powers of the highest organ of state power when the NPC is not in session. The NPC Standing Committee normally meets once every two months. It is composed of one chairperson, a number of vice-chairpersons, one secretary-general and a number of members. The Standing Committee of the Tenth NPC has 175 members, includingone chairperson and 15 vice-chairpersons. Standing committees havealso been established by local people's congresses at and above the county level. The members of the Standing Committee of the NPCand standing committees of the local people's congresses at and above the county level are elected from among the deputies to the people's congresses in competitive elections, and for the same term as the NPC and local people's congresses at the correspondinglevels. The people's congresses and their standing committees pursue a democratic style of work, draw on the wisdom of all deputies, and represent and convey the will and basic interests of the people. The principle of absolute majority is observed when the people's congresses and their standing committees vote on bills, that is, abill can only be adopted by the agreement of more than half of thetotal number of members. Amendments to the Constitution are adopted by a vote of more than two-thirds of all the deputies to the NPC. When the people's congresses and their standing committees holdmeetings, persons in charge of departments concerned may attend asnon-voting delegates, and the departments and individuals concerned may audit. Those attending as non-voting delegates have the right to speak, but not the right to vote. Those auditing are not entitled to speak. If they have any comment on the bills discussed by the standing committee, they may submit their opinions to the working organ of the standing committee in writing. In recent years, the standing committees in some localities have opened their doors to citizens who wish to be observers at their meetings. The auditors are chosen in sequence of applications of citizens. The people's congresses have four main functions and powers: legislation, supervision, appointment and removal of officials, and making decisions on major issues. These functions are a major reflection of the way the Chinese people exercise their power as masters of the state through the system of people's congress. -- Power of legislation. The Chinese Constitution states that the NPC and its Standing Committee exercise the legislative power of the state, mainly to amend the Constitution, and enact and amend the basic laws concerning criminal offences, civil affairs, state organs and other matters. The people's congress at provincial level and its standing committee may, in the light of the specific conditions and practical needs of that particular administrative area, enact local regulations under the precondition that the regulations they enact must not contravene the Constitution, the law or the administrative regulations of thestate. The people's congress of a big city and its standing committee may, in the light of the specific conditions and practical needs of the city, enact local regulations under the precondition that the regulations they enact must not contravene either the Constitution, the law or the administrative regulationsof the state, or the regulations of the province or autonomous region the city belongs to, and submit the newly enacted local regulations to the standing committee of the people's congress of the province or autonomous region for approval be-fore they are put into effect. The people's congress and its standing committee of a province or city that has special economic zones may, in linewith authorization by the NPC, enact local regulations that take effect within the special economic zones. The people's congresses of the ethnic autonomous areas have the power to enact regulationson the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the ethnic group(s), and make appropriate adaptations of the laws and administrative regulations. In the three decades from 1949, when the PRC was founded, to 1978, the NPC formulated 134 laws, 16 of which are still in force today. When the reform and opening-up policies were initiated in the late 1970s, China's socialist democratic legal construction entered a new era. In 1982, the NPC revised the Constitution, and adopted four amendments to it in the ensuing years. So far, the NPC and its Standing Committee have enacted more than 200 laws that are still in effect and over 200 decisions on legal issues. The local people's congresses and their standing committees have enacted more than 7,500 local regulations that are still in effect,and the people's congresses of ethnic autonomous areas have enacted more than 600 regulations on the exercise of autonomy and other regulations. In recent years, democracy has been promoted continuously in China's legislation. Experts are invited to give their opinions atsymposia organized on the draft of almost every bill. In some cases, the legislative organ even entrusts specialized research institutions to draft the bills. For bills aiming at adjusting important social relations, the standing committees of local people's congresses often hold hearings to let parties with different interests voice their opinions. The Legislation Law of China has included provisions on legislative hearings. Since 1982,the NPC and its Standing Committee have published the drafts of a dozen important bills that are closely related to the immediate interests of the people, including the amendments to the Constitution, the draft for revision of the Marriage Law, the draft of the Contract Law, and the draft of the Property Law, to solicit public opinion during the process of formulation. The direct participation of the people in the formulation of laws has not only improved the quality of legislation and ensured that the laws fully represent the will and demands of the people, but has also enhanced the whole society's sense of law, so that the laws can be enforced in a smooth way after adoption. -- Power of supervision. To supervise the enforcement of the Constitution and the law is a major content of the supervisory power exercised by the NPC and its Standing Committee. The basic way such supervision is carried out is by examination of the enforcement of laws and by checking the reporting of regulations for the record. Regarding the examination of law enforcement, the Standing Committee of the Ninth NPC conducted 22 examinations of the enforcement of 21 laws, and the Standing Committee of the Tenth NPC examined the enforcement of 10 laws in the period 2003-2004. The standing committees of the local people's congresses have also examined the enforcement of laws and relevantregulations within their respective administrative areas. Through the examination of law enforcement, the standing committees of thepeople's congresses have obtained detailed information about the true situation and existing problems in the enforcement of laws and regulations, and urged the governments, the courts and the procuratorates at the same level to improve their law-enforcement work, and thus ensured that the organs in charge of law enforcement act in accordance with the law and exercise judicial power justly. Regarding checking on the reporting of regulations for the record, more than 7,500 local regulations, 600 regulationson the exercise of autonomy and separate regulations, and nearly 300 regulations applied to the special economic zones have so far been filed to the NPC Standing Committee for the record. The Standing Committee of the Tenth NPC has set up a special examiningorgan to further standardize this work. The standing committees ofthe people's congresses at the provincial level and of big cities have also examined, in accordance with the law, the reporting of rules and regulations for the record by the local governments. Through these efforts, rules and regulations that contravene the Constitution and the law are annulled, and organs that have formulated regulations that include inappropriate articles and clauses are urged to correct them. This is of great significance for keeping the legal system of the state in unison. In recent years, the NPC Standing Committee has started to examine the reporting for the record of judicial interpretations by the Supreme People's Court and the Supreme People's Procuratorate. To supervise the work of the governments, the courts and the procuratorates are another important part of the supervisory powerof the people's congresses and their standing committees at the corresponding level. To hear and review the work reports of the State Council, the Supreme People's Court and the Supreme People'sProcuratorate are a basic means by which the NPC and its Standing Committee exercise their power of supervision. When the people's congresses are in session, the people's governments, people's courts and people's procuratorates at the same level shall report their work to the session, and the people's governments shall submit their draft budgets and draft plans for national economic and social development, and the draft budgets shall be reviewed for approval by the session. When the standing committees of the people's congresses are in session, they hear work reports and reports on issues that are significant to the reform, development and stability, as well as urgent topics or difficulties that are related to the immediate interests of the people. The Standing Committee of the Ninth NPC heard and reviewed 40 special reports during its five-year tenure, and the Standing Committee of the Tenth NPC has heard and reviewed 22 special reports in the first two years of its tenure. -- Power of personnel appointment and removal. The people's congresses and their standing committees have the power to elect, decide on, appoint or remove, replace or recall members of relevant organs of state power. The NPC elects the president and the vice-president of the PRC, and the chairperson of the Central Military Commission of the state; decides on the choice of the premier of the State Council upon nomination by the president; decides on the choice of the vice-premiers, state councilors, ministers in charge of various ministries or commissions, the auditor-general and the secretary-general of the State Council upon nomination by the premier; upon nomination by the chairman ofthe Central Military Commission of the state, decides on the choice of all other members of the Central Military Commission; and elects the president of the Supreme People's Court and the procurator-general of the Supreme People's Procuratorate. The local people's congresses at all levels exercise their power to elect, decide on, appoint or remove, replace or recall members of local organs of state power in accordance with the law. -- Power to making decisions regarding major issues. The NPC isentitled by the Constitution to approve the establishment of provinces, autonomous regions, and municipalities directly under the central government, decide on the establishment of special administrative regions and the systems to be instituted there, anddecide on questions of war and peace, and other major issues. Issues that are significant to the national economy and social development, such as the Three Gorges Project, can only be implemented after a resolution has been made by the NPC. In recentyears, the people's congresses and their standing committees have exercised their power to make decisions on urban construction planning, environmental protection and other major issues in theirown areas. Practice has proved that the system of people's congress is a fundamental political system that is in accord with the national conditions of China, embodies the nature of the socialist state ofChina and ensures the people to be the masters of the country. It has taken root among the masses and, therefore, is full of vigor; it represents the common will and fundamental interests of the people, and motivates the whole people to plunge in state construction as the masters of the state, guarantees that state organs operate in a coordinated and efficient way, and safeguards national unification and ethnic unity. Through the system of people's congress, the Chinese people of all ethnic groups hold the future and destiny of the state and the nation firmly in theirown hands. IV. The System of Multi-Party Cooperation and Political Consultation Under the Leadership of the CPC What kind of political party system to adopt is determined by the nature of the country, the national conditions, as well as thedemands of national interests and social development. The political party system China has adopted is multi-party cooperation and political consultation under the leadership of theCPC, which is different from both the two-party or multi-party competition system of Western countries and the one-party system practiced in some other countries. This system was established andhas been developed during the long-term practice of the CPC and democratic parties in the course of the Chinese revolution, construction and reform. It is a result of the united struggle of the CPC and the democratic parties through thick and thin and is abasic political system in contemporary China. There are nine political parties in China at present. Besides the CPC, there are the Revolutionary Committee of the Chinese Kuomintang (founded in 1948), the China Democratic League (foundedin 1941), the China National Democratic Construction Association (founded in 1945), the China Association for Promoting Democracy (founded in 1945), the Chinese Peasants and Workers Democratic Party (founded in 1930), the China Zhi Gong Dang (founded in 1925),the Jiusan Society (founded in 1945) and the Taiwan Democratic Self-Government League (founded in 1947). Since most of these political parties were founded during the War of Resistance Against Japanese Aggression (1937-1945) and the War of Liberation (1946-1949) in the pursuit of national liberation and democracy ofthe people, they were given the joint name of "democratic parties." In present-day China, these democratic parties are political alliances of the socialist working people, builders of socialism and patriots who support socialism, among whom they havemaintained ties respectively. Another important force in China's political life is the personages without party affiliation, or people who have not joined any political party but have certain public influence coupled with positive contributions. The majorityare intellectuals. The salient characteristics of China's political party system are: multi-party cooperation under the leadership of the CPC, withthe CPC holding power and the democratic parties participating fully in state affairs. These democratic parties are close friendsof the CPC. They unite and cooperate with the latter in their participation in state affairs, instead of being opposition parties or out-of-power parties. They participate in the exercise of state power, the consultation in fundamental state policies andthe choice of state leaders, the administration of state affairs, and the formulation and implementation of state policies, laws andregulations. In China, the CPC and the democratic parties share the same goal of struggle. The Chinese Constitution states that "under the leadership of the Communist Party of China multi-party cooperationand the political consultative system will continue to exist and develop for a long time to come." The cooperation between the CPC and the democratic parties is based on the basic principle of "long-term coexistence, mutual supervision, treating each other with sincerity and sharing each other's weal and woe." The national conditions and the nature of the state determine that theleadership of the CPC is the first and foremost prerequisite and fundamental guarantee for the multi-party cooperation. At the sametime, such a leadership is not one of simple monopoly, but one of political leadership, that is, leadership in terms of political principle, political orientation, and major policies and programs.Both the CPC and the democratic parties take the Constitution as the basic norms of their conduct, and shoulder the responsibility to uphold the dignity of the Constitution and ensure its implementation. The Chinese People's Political Consultative Conference (CPPCC) is an organization of the patriotic united front of the Chinese people. It is an important organ of multi-party cooperation and political consultation under the leadership of the CPC, and an important instrument of democracy in the country's political life.The CPPCC National Committee is composed of members of the CPC andthe democratic parties, personages without party affiliation, representatives of people's organizations, ethnic minorities and all walks of life, representatives of compatriots of the Hong KongSpecial Administrative Region, the Macao Special Administrative Region and Taiwan, as well as of returned overseas Chinese and other specially invited people, who are divided into several circles. The CPPCC National Committee has one chairperson, a number of vice-chairpersons and one secretary-general, serves for a term of five years, and holds a plenary session once a year. Theprovinces, autonomous regions, municipalities directly under the central government establish CPPCC committees of the provinces, autonomous regions and municipalities. The autonomous prefectures,cities divided into districts, counties, autonomous counties, cities not divided into districts and districts under the jurisdiction of cities, where there are suitable conditions for setting up local committees, may establish CPPCC committees in thecorresponding areas. The tenure of these committees is five years,and a plenary session shall be held at least once a year. The CPPCC conducts its work centering on the two themes of unity and democracy, and exercises the functions of political consultation, democratic supervision, and participating in the administration and discussion of state affairs. The CPPCC plays an important rolein the state's political life, social life and overseas friendshipactivities, as well as the country's modernization drive and the struggle to safeguard national reunification and unity. The CPC and the governments at all levels consult the CPPCC on fundamentalpolicies and important issues in political, economic, cultural andsocial affairs before a decision is adopted and during the implementation of such decisions, so as to heed and canvass a widerange of opinions. This is a key link for the CPC and the governments at all levels to ensure that decision-making is scientific and democratic. The increasing importance of the system of multi-party cooperation and political consultation under the leadership of theCPC in the state's political and social life can be specified as follows: -- Political consultation between the CPC and the democratic parties and personages without party affiliation has been gradually institutionalized and standardized. The CPC Central Committee rou-tinely invites leaders of the democratic parties andrepresentative personages without party affiliation to consultative conferences, small-scale meetings and forums at whichCPC leaders inform the participants of major events, hear their opinions and suggestions, and discuss state affairs with them. In addition to these consultation meetings, the central committees ofthe democratic parties may submit suggestions in writing to the CPC Central Committee. Consultations may cover important documentsof the CPC National Congress and the CPC Central Committee; proposed amendments to the Constitution and important laws; candidates for senior offices of the state; important decisions concerning the reform and opening-up program; the medium- and long-term plans for national economic and social development; major issues that have a bearing on the overall situation of the country; circulation of information about important documents and situations, and soliciting of opinions; as well as other major issues that need to be discussed with the democratic parties. In 2003 and 2004, 36 consultative conferences, forums and briefings were convened by CPC leaders or entrusted by them to be convened by relevant departments, 13 of which were presided over by the General Secretary of the CPC Central Committee. -- Members of the democratic parties and personages without party affiliation play an important role in the people's congresses. Members of the democratic parties and personages without party affiliation hold an appropriate proportion in the deputies to the NPC, the Standing Committee and the special committees of the NPC. Through their activities in the people's congresses, they reflect the wishes of the people, participate in decision-making on major state issues and in the formulation of laws, and supervise the work of the government. In 2003, when a new term of office began, 176,000 members of the democratic parties and personages without party affiliation were elected deputies to the people's congresses at various levels nationwide. Among them, seven are vice-chairpersons of the NPC Standing Committee and 50 are members of the NPC Standing Committee; 41 arevice-chairpersons of the standing committees of provincial-level people's congresses and 462 are members of such standing committees; and 352 are vice-chairpersons of the standing committees of municipal-level people's congresses and 2,084 are members of such standing committees. -- Members of the democratic parties and personages without party affiliation hold leading positions in government and judicial organs at various levels. At the end of 2004, over 32,000members of the democratic parties and personages without party affiliation held leading positions in government and law-enforcement departments at and above the county level. Among them, 19 held leading posts in the Supreme People's Court, the Supreme People's Procuratorate as well as the various ministries and commissions under the central government; 27 served as deputy governors, vice-chairpersons or deputy mayors in the 31 provinces,autonomous regions and municipalities on the mainland of China; 354 served as deputy mayors in the people's governments of 397 cities (prefectures, leagues or districts); 19 were vice-presidents of courts or deputy chief procurators of procuratorates at the provincial level; and 87 were vice-presidents of courts or deputy chief procurators of procuratorates at the prefecture level. Engaging in mutual supportwith CPC officials, they play a significant role in the organs of state power. -- Members of the democratic parties and personages without party affiliation play an important role in the CPPCC. As deputiesto the CPPCC, members of the democratic parties and personages without party affiliation can air their opinions, put forth bills and motions, and participate in the administration and discussion of state affairs. They also hold a fairly big proportion in the members, standing committees members and leaders of the CPPCC at various levels. The latest CPPCC election, held in 2003, saw 337,000 members of the democratic parties and personages without party affiliation elected CPPCC members at various levels nationwide. About 60.1 percent of the members of the Tenth CPPCC National Committee and 65.2 percent of the members of its StandingCommittee were members of the democratic parties and personages without party affiliation; and of 24 vice-chairpersons of the vice-chairpersons of the Tenth CPPCC National Committee, 13 are members of the democratic parties and personages without party affiliation. -- Members of the democratic parties and personages without party affiliation exercise democratic supervision over the work ofthe party in power and the state organs through diversified channels and means. Such supervision mainly covers the implementation of the Constitution, and laws and regulations of the state; the formulation and implementation of major principles and policies of the CPC and the government; and the performance and honesty of the CPC organizations and CPC members who hold leading posts. In recent years, government departments and judicial organs have appointed members of democratic parties and personages without party affiliation as special inspectors, invited and organized members of democratic parties and personageswithout party affiliation to examine the work style of the CPC, and to take part in other special checks and supervision over law enforcement, thus further opening up the channels of, and constantly strengthening, democratic supervision. -- Members of the democratic parties and personages without party affiliation actively participate in the country's reform andopening-up and modernization drive, and make suggestions to promote the reunification of the motherland and overall social progress. Since 1989, the central committees of the democratic parties have submitted to the CPC Central Committee, the State Council and departments concerned nearly 180 important proposals on the overall work of the CPC and the state, as well as on issuesthat are key to the national economy and the people's livelihood, especially the two major tasks of economic construction and peaceful reunification, on the basis of investigations they have conducted, and their local organizations have submitted more than 80,000 proposals and motions. Many of the proposals and motions have been adopted. The local organizations of the democratic parties at various levels have devised more than 40,000 consultingprograms, run more than 1,000 schools of various kinds and trainedabout 3 million people in various special skills. In February 2005, the CPC promulgated the "Opinions of the CPC Central Committee on Further Strengthening the Building of the System of Multi-Party Cooperation and Political Consultation Underthe Leadership of the CPC," which, on the basis of summing up historical experience and successful operations in multi-party cooperation and political consultation, further clarified the principles, contents, ways and procedures of the system of multi-party cooperation and political consultation, and pointed the direction for improving the socialist political party system with Chinese characteristics. The political advantages of the system of multi-party cooperation and political consultation under the leadership of theCPC lie in the fact that it can both achieve wide democratic participation, pool the wisdom of the democratic parties, mass organizations and people of all walks of life and promote the scientific and democratic decision-making of the party in power and the governments at all levels, and realize centralization and unity and draw up unified plans with due consideration given to the interests of different sections of the people. Moreover, it can avoid both the problem of insufficient supervision common under one party rule, and political chaos and a lack of stability and unity that may be caused by the disputes and strife of severalparties. V. The System of Ethnic Regional Autonomy China is a unitary multi-ethnic country. To date, 56 ethnic groups have been identified and recognized by the central government. The population of the Han ethnic group accounts for the majority. As the population of the other 55 ethnic groups is relatively small, they are customarily referred to as "ethnic minorities." According to statistics collected in the fifth national census, conducted in 2000, the population of all ethnic minority groups totaled 106.43 million, accounting for 8.41 percent of the national total. To solve the problems of ethnic groups, different systems have been adopted by different multi-ethnic countries around the world,and what China practices is the system of ethnic regional autonomy. Ethnic regional autonomy means that, under the unified leadership of the state, organs of self-government are establishedfor the exercise of autonomy and regional autonomy is practiced inareas where people of ethnic minorities live in compact communities. China's adoption of ethnic regional autonomy to solvethe ethnic problems is an institutional arrangement based on its own historical development, cultural characteristics, ethnic relations and distribution of the ethnic groups, as well as other specific conditions, which is in accord with the common interests of all ethnic groups and their demands for development. Both the Constitution and the Law on Ethnic Regional Autonomy contain clearstipulations on ethnic regional autonomy and its implementation. The system of ethnic regional autonomy is a basic political systemof China. Ethnic autonomous areas in China are divided into three levels,namely, autonomous regions, autonomous prefectures and autonomous counties. In 1947, before the People's Republic of China was founded, under the leadership of the CPC, the first provincial-level autonomous region in China -- the Inner Mongolia Autonomous Region -- was established in the liberated areas inhabited by Mongolians in compact communities. After New China was founded in 1949, the Chinese government began to introduce thesystem of ethnic regional autonomy to all areas where ethnic minorities lived in compact communities. In October 1955, the Xinjiang Uygur Autonomous Region was established; in March 1958, the Guangxi Zhuang Autonomous Region was established; in October 1958, the Ningxia Hui Autonomous Region was established; and in September 1965, the Tibet Autonomous Region was established. Now, China has established 155 ethnic autonomous areas, including five autonomous regions, 30 autonomous prefectures and 120 autonomous counties (banners). Of the 55 ethnic minorities, 44 have their ownautonomous areas. The population of ethnic minorities implementingregional autonomy accounts for 71 percent of the total population of ethnic minorities. Meanwhile, China has established 1,173 autonomous townships in places equivalent to townships where ethnic minorities live in compact communities, as a supplement to the autonomous areas. Of the 11 ethnic minorities for which regional autonomy is not implemented because their populations andhabitats are relatively small, nine have set up autonomous townships. In accordance with the Constitution and the Law on Ethnic Regional Autonomy, the organs of self-government of ethnic autonomous areas are the people's congresses and people's governments of autonomous regions, autonomous prefectures and autonomous counties. In addition to exercising the functions and powers of local state organs at the corresponding level, they alsoexercise the power of autonomy. First, independently managing the internal affairs of their ethnic groups in their autonomous areas.Among the chairpersons or vice-chairpersons of the standing committees of the people's congresses of all 155 autonomous areas in China, there are citizens of the ethnic group or groups exercising regional autonomy in the area concerned. The chairperson of an autonomous region, the prefect of an autonomous prefecture and the head of an autonomous county are all citizens of the ethnic group or groups exercising regional autonomy in the area concerned. In the working departments of the self-government organs in these autonomous areas, a rational proportion of officials from the ethnic group or groups exercising regional autonomy as well as members of other minorities living in the areaconcerned are appointed in accordance with the law. At present, minority officials total more than 2.9 million nationwide. Second,having the power to formulate regulations on the exercise of autonomy and separate regulations. By the end of 2004, the ethnic autonomous areas had formulated 133 regulations on the exercise ofautonomy and 418 separate regulations, all of which are still effective now. In the light of the particular situation in each area, they had made 68 flexible alterations or supplementary regulations to such laws as the Marriage Law, the Law of Succession, the Election Law, the Law on Land Administration and the Grassland Law. Third, using and developing their own spoken and written languages. At present, 22 ethnic minorities in China use 28 written languages of their own. In 2003, 4,787 titles of books with a total print-run of 50.34 million copies, 205 magazines with a total print-run of 7.81 million volumes, and 88 newspapers with a total print-run of 131.3 million copies were published in the languages of ethnic minorities. Now available arecoded character sets, national standards for fonts and keyboards in the Mongolian, Tibetan, Uygur, Korean and Yi languages, software in these languages can be run using the Windows system, and laser photo-typesetting in these languages has been realized. Fourth, respecting and protecting the freedom of religious belief of ethnic minorities. By the end of 2004, Tibetan Buddhist sites numbered more than 1,700 in the Tibet Autonomous Region, with 46,000 resident monks and nuns, and mosques numbered 23,900 in theXinjiang Uygur Autonomous Region, with 27,000 clerical personnel. In addition, regional autonomous areas have the right to preserve or reform their own folk ways and customs, independently arrange, manage and develop the economic construction of the locality concerned, independently manage local revenues, and independently develop undertakings of education, science and technology, cultureand sports. The state assists ethnic autonomous areas to accelerate their economic and social development through various measures. Primarily they are: giving strategic prominence to speeding up the developm |
CPPCC Rules on Political Consultation, Democratic Supervision and Political Discussion
March 29, 2006
This document was retrieved from the Chinese People's Political Consultative Conference <a href="https://www.cppcc.gov.cn/htm/jianjie/mzjd.htm">Web site</a> on March 29, 2006. |
Regulations on the Selection of Party and Government Leaders
March 22, 2006
These regulations were retrieved from the People's Daily <a href="https://www.people.com.cn/GB/shizheng/16/20020723/782504.html">Web site</a> on March 22, 2006. |
Adoption Law of the People's Republic of China and Decision on the Revision Thereof (English text)
March 22, 2006
The following text was retrieved from the Chinese government official Web site on March 22, 2006. Decision on the Revision of the Adoption Law of the People's Republic of China by the Standing Committee of the National People's Congress (Adopted at the 5th Meeting of the Standing Committee of the 9th National People's Congress on November 4, 1998 and promulgated by Order No. 10 of the President of the People's Republic of China on November 4, 1998) The 5th Meeting of the Standing Committee of the 9th National People's Congress hereby decides to make the following revisions in the Adoption Law of the People's Republic of China: I. Article 2 shall be revised to read as: "Adoption should in the interest of the upbringing and growth of the minors adopted, safeguarding of the legitimate rights and interests of the person adopted and the consignee following the principle of equality and voluntariness, and should not violate social ethics." II.A section shall be added in Article 6 to read as the Third Section: "(3) those who have not contracted disease(s) that is(are) considered medically not advisable to adopt children;" The Third Section shall be revised to read as the Fourth Section: "(4) at the age of 30 full years." III. The First Paragraph of Article 7 shall be revised to read as: "Adoption of a child of collateral relative by blood of the same generation and up to the third degree of kinship may not be subjected to the restrictions of Section (3) of Article 4, the Section (3) of Article 5, Article 9 of this Law and the adopted minor under the age of 14 full years." IV. The Second Paragraph of Article 8 shall be revised to read as: "Adoption of orphans, disabled children or abandoned infants or children under the care of social welfare institutions whose own parents cannot be ascertained and found may not be subjected to restrictions of the consignee being childless and of adoption of one child." V. Article 14 shall be revised to read as: "A stepfather or stepmother may, with the consent of his/her own parents of the stepson or stepdaughter, adopt the stepson or stepdaughter and such adoption may not be subjected to restrictions of Section (3) of Article 4, Section (3) of Article 5 and Article 6 of this Law and the restriction that the adopted minor must be under 14 full years of age as well as adoption of one child." VI. The First Paragraph of Article 15 shall be revised to read as: "The adoption should be registered with the civil affairs department of people's government above the county level. The adoptive relationship shall be established as of the date of registration." A paragraph shall be added to read as the Second Paragraph: "For adoption of abandoned infants and children whose own parents cannot be ascertained and found, the civil affairs departments handling the registration should make an announcement prior to the processing of registration." The Second Paragraph shall be revised to be two paragraphs as the Third Paragraph and the Fourth Paragraph which read as: "The parties concerned to the adoptive relationship willing to conclude an adoption agreement may conclude the adoption agreement. "When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for the adoption, notarization for the adoption should be completed." VII. An article shall be added to read as Article 16:"The public security department should, upon establishment of the adoptive relationship, process household registration for the adopted minor pursuant to relevant state provisions." VIII. Article 20 shall be turned into Article 21, the Second Paragraph shall be turned into two paragraphs as the Second Paragraph and the Third Paragraph which read as: "Adoption of children by an alien in the People's Republic of China should be subject to the examination and approval of the competent organ of the country of domicile pursuant to laws of the said country. The consignee should provide certification on such particulars as age, marital status, occupation, property, health and whether or not he/she has been subjected to criminal penalty issued by an organ with authority of his/her country of domicile. The said certification should be authenticated by the organ of foreign affairs or the institution authorized by the organ of foreign affairs of the country of domicile, and authenticated by the Embassy or Consulate of the People's Republic of China in the said country. The said consignee should conclude an agreement in writing with the consignor, and enter into registration at the civil affairs department of people's government at the provincial level in person. "When both sides or one side of the parties concerned to the adoptive relationship request(s) notarization for adoption, notarization for the adoption should be completed at a notary organ with qualifications of handling foreign-related notarization confirmed by the department of justice administration under the State Council." IX. Article 27 shall be turned into Article 28 which shall be revised to read as: "The parties concerned who agree to terminate the adoptive relationship should go through registration for the termination of the adoptive relationship at the civil affairs department." X. Article 30 shall be turned into Article 31, the First Paragraph shall be revised to read as: "Whoever abducts and sells children under the cloak of adoption shall be investigated for criminal liability according to law." The Second Paragraph shall be revised to read as: "Whoever abandons an infant shall be imposed a fine by the public security department; where a crime has been constituted, criminal liability shall be investigated according to law." The Third Paragraph shall be revised to read as: "Whoever sells his/her/their own child(children) shall be confisticated of the illegal income and imposed a fine by the public security department; where a crime has been constituted, criminal liability shall be investigated according to law. XI. This Decision shall enter into force as of April 1, 1999. No registration shall be processed for the establishment or termination of adoptive relationship in pursuance of the Adoption Law of the People's Republic of China pending the implementation of this Decision. Corresponding revisions of the Adoption Law of the People's Republic of China shall be made in accordance with this Decision and promulgated again. Adoption Law of the People's Republic of China (Adopted at the 23rd Meeting of the Standing Committee of the 7th National People's Congress on December 29, 1991 and revised in accordance with the Decision on the Revision of the Adoption Law of the People's Republic of China taken by the 5th Meeting of the Standing Committee of the 9th National People's Congress on November 4, 1998) Contents Chapter I General Provisions Chapter II Establishment of Adoptive Relationship Chapter III Validity of Adoption Chapter IV Termination of Adoptive Relationship Chapter V Legal Responsibility Chapter VI Supplementary Provisions Chapter I |
Circular Regarding Rectifying the Publishing Market and Cultural Entertainment Market to Create a Good Atmosphere for New Years, Spring Festival, and the "Two Meetings" (Chinese Text)
March 20, 2006
The following text was retrieved from the Guangdong based <a href="https://www.zsnews.cn/Government/Showcontent.asp?id=539842">Zhongshan Daily</a> Web site on January 21. |
Circular Regarding Strictly Implementing the "Three Reviews System" and the "Three Proofs and One Read" System to Ensure Publication Quality (Chinese Text)
March 20, 2006
The following text was retrieved from the Guangdong Province Press and Publication Administration <A HREF="https://www.xwcbj.gd.gov.cn/xygg/xygg_brow.asp?id=47"> Web site</A>on January 3, 2006. <HR> |
Shanghai Measures on the Administration of Religious Printed Products (Chinese Text)
March 15, 2006
The following text was retrieved from the Shanghai Government <a href="https://www.shanghai.gov.cn/shanghai/node2314/node2316/node2639/node2722/userobject6ai464.html">Web site</a> on March 15, 2006. |
Notice Regarding Strenghtening the Work of Screening Illegal Publications with Political Characteristics (Chinese Text)
March 10, 2006
The following text was retrieved from the bjchp.gov.cn <A HREF="https://www.ly.bjchp.gov.cn/standard/detail.cfm?id=10515">Web site</A> on March 10, 2006. |
State Council's Official Reply Regarding Questions Relating to the Establishment of China Satellite Communications Corp. (CECC Partial Translation)
March 10, 2006
The following is a partial translation prepared by the Congressional-Executive Commission on China of the "State Council's Offical Reply Regarding Questions Relating to the Establishment of China Satellite Communications Corp." issued by the State Council on June 16, 2000. The Chinese text was retrieved from the China Academy of Telecommunication Reseach <A HREF="https://www.cttl.com.cn/bzhfg/zhcfg_show.php?id=363">Web site</A> on March 10, 2006.<HR> 2. In principle China Satellite Communications Corp. is a large-scale, state owned communications enterprise established upon the foundation of the China communication broadcast satellite companies and the other satellites and communications companies leased by the former Ministry of Posts and Telecommunications [now the <a href="/pages/virtualAcad/exp/expcensors.php#mii">Ministry of Information Industry</a>]. 3. The corporation shall be administered by the central government. |
Book Quality Assurance System (Chinese Text)
March 10, 2006
The following text was retrieved from the General Administration for Press and Publication <A HREF="https://press.gapp.gov.cn/news/wenb.php?val=news&aid=765">Web site</A> on March 10, 2006. |
Communist Party Regulations On The Election Work Of Grassroots Organizations (Experimental)
March 9, 2006
This document was retrieved from the CCP's <a href="https://www.cau.edu.cn/party/dangjian/xjbf.htm">web site</a> on March 9, 2006. |
Provisions on Public Security Use of Continuous Interrogation (Chinese Text)
March 9, 2006
The following text was retrieved from the <a href="https://www.chinalaw.gov.cn/jsp/contentpub/browser/contentpro.jsp?contentid=co2089478934">Web site of the China Legislative Information Network System</a> on March 9, 2006. |
Notice Regarding Investigation of Printing and Selling Books with Severe Political Problems (Chinese Text)
March 7, 2006
The following text was retrieved from the <A HREF="https://www.hflib.gov.cn/law/law/falvfagui2/xzf/flfg/gsxzgl/1081.htm">Hefei Library</A> Web Site on March 7, 2006. Repealed in accordance with 关于废止有关工商行政管理规章、规范性文件的决定,2004-7-28, 工商法字[2004]第98号, which stated: 各省、自治区、直辖市、计划单列市及副省级市工商行政管理局： 根据《中华人民共和国行政许可法》、《国务院关于贯彻实施的通知》（国发[2003]23号）的要求以及国务院决定取消和调整的行政审批项目，现决定废止我局发布的312件规章和规范性文件。 |
Decision Regarding Reforming the System of Investment Organization (Chinese Text)
March 7, 2006
The following text was retrieved from the <A HREF="https://news.xinhuanet.com/zhengfu/2004-07/26/content_1648074.htm">Xinhua News Agency</A> Web site on March 7, 2006. |
Notice Regarding Realistically Preventing the Selling of Audio Visual Materials with Severe Political Problems, and Eliminating Audio Visual Materials with Covers and Packaging with Base, Vulgar, and Obscene Contents (Chinese Text)
March 7, 2006
The following text was retrieved from the <A HREF="https://www.ccm.gov.cn/mediaMovieChannel/main/yxdy-3o.jsp?lm=zcfg&id=194&type=11">China Culture Market Government Web site</A> on March 7, 2006. |
Jiangsu Press and Publication Administration: Notice Regarding Restatement of Rules and Regulations on Newspaper and Magazine Publishing (Chinese Text)
March 7, 2006
The following text was retrieved from the <A HREF="https://www.jsxwcbj.gov.cn/ReadNews.asp?NewsID=1529">Jiangsu News Agency</A> Web site on March 7, 2006. |
Pledge of Self-Discipline for Websites to Prohibit Obscenity, Pornography, and Harmful Information (Chinese Text)
March 7, 2006
The following text was retrieved from the <A HREF="https://www.china.org.cn/chinese/PI-c/583717.htm">China.org</A> Web site on March 7, 2006. |
State Council Circular on the Implementation of Several Policy Measures Regarding Extensive Development of The West
March 7, 2006
The following text was retrieved from the <A HREF="https://www.cas.cn/html/Dir/2000/01/01/9838.htm">Chinese Academy of Science</A> Web site on March 7, 2006. |