The People's Republic of China Constitutional Amendment

the People's Republic of China Constitutional Amendment

(Adoption at the First Session of the Thirteenth National People's Congress on March 11, 2018)

Article 32 in the seventh natural paragraph of the preamble to the constitution, "under the guidance of Marxism Leninism, Mao Zedong thought, Deng Xiaoping theory and the important thought of" Three Represents ", it is revised to" under the guidance of Marxism Leninism, Mao Zedong thought, Deng Xiaoping theory, the important thought of "Three Represents", the scientific outlook on development and Xi Jinping's new socialist ideology with Chinese characteristics ";" improving the socialist legal system "is revised"; before "self-reliance and hard work", add "implement the new development concept"; "promote the coordinated development of material civilization, political civilization and spiritual civilization, and build China into a prosperous, democratic and civilized socialist country" to "promote the coordinated development of material civilization, political civilization, spiritual civilization, social civilization and ecological civilization, To build China into a prosperous, strong, democratic, civilized, harmonious and beautiful modern socialist country, to realize the great rejuvenation of the Chinese nation". This natural paragraph is revised accordingly: "the victory of China's new democratic revolution and the achievements of the socialist cause are achieved by the Chinese people of all ethnic groups under the leadership of the Communist Party of China, under the guidance of Marxism Leninism and Mao Zedong thought, adhering to the truth, correcting mistakes and overcoming many difficulties and obstacles. Our country will be in the primary stage of socialism for a long time. The fundamental task of the state is to concentrate on socialist modernization along the road of socialism with Chinese characteristics. The people of all ethnic groups in China will continue to adhere to the people's democratic dictatorship under the leadership of the Communist Party of China, under the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thinking of the'Three Represents', the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to the socialist road, adhere to reform and opening up, and continuously improve various socialist systems, self-reliance, hard work, gradually realize the modernization of industry, agriculture, national defense, and science and technology, promote the coordinated development of material civilization, political civilization, spiritual civilization, social civilization, and ecological civilization, and build my country into a prosperous, democratic, civilized, harmonious and beautiful modern socialist country, To realize the great rejuvenation of the Chinese nation."

Article 33 In the tenth natural paragraph of the Preamble to the Constitution, the words "in the course of long-term revolution and construction" are amended to read "in the course of long-term revolution, construction and reform"; "A broad patriotic united front that includes all socialist laborers, builders of the socialist cause, patriots who support socialism, and patriots who support the reunification of the motherland" was revised to "include all socialist laborers and socialist cause A broad patriotic united front of builders, patriots who support socialism, patriots who support the reunification of the motherland and are committed to the great rejuvenation of the Chinese nation". This natural paragraph is revised accordingly: "The cause of socialist construction must rely on workers, peasants, and intellectuals, and unite all forces that can be united. In the long-term process of revolution, construction, and reform, it has been formed under the leadership of the Communist Party of China, with the participation of various democratic parties and people's organizations, including all socialist workers, builders of the socialist cause, and patriots who support socialism A broad patriotic united front of patriots who support the reunification of the motherland and are committed to the great rejuvenation of the Chinese nation. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference is a widely representative united front organization. It has played an important historical role in the past. In the future, it will be in the country's political life, social life, and foreign friendship activities, in the socialist modernization drive, and in the maintenance of national unity and unity. In the struggle, it will further play its important role. The system of multi-party cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time to come."

Article 34 In the eleventh natural paragraph of the preamble to the Constitution, "the socialist ethnic relations of equality, unity and mutual assistance have been established and will continue to be strengthened." Revised to read: "Socialist ethnic relations of equality, unity, mutual assistance and harmony have been established and will continue to be strengthened."

Article 35 In the twelfth natural paragraph of the preamble to the Constitution, "The achievements of China's revolution and construction are inseparable from the support of the people of the world" is revised to "The achievements of China's revolution, construction, and reform are inseparable from the support of the people of the world"; "China adheres to an independent foreign policy, adhere to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, and add" adhere to the path of peaceful development and adhere to the strategy of mutual benefit and win-win opening up ";" Develop diplomatic relations and economic and cultural exchanges with other countries "was revised to" develop diplomatic relations and economic and cultural exchanges with other countries, and promote the construction of a community with a shared future for mankind ". This natural paragraph is revised accordingly: "The achievements of China's revolution, construction, and reform are inseparable from the support of the people of the world. The future of China is closely linked to the future of the world. China adheres to an independent foreign policy, adheres to the five principles of mutual respect for sovereignty and territorial integrity, non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, adheres to the path of peaceful development, adheres to the strategy of mutual benefit and win-win opening up, develops diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a community with a shared future for mankind; insists on opposing imperialism, hegemonism and colonialism, strengthen unity with the people of all countries in the world, support the oppressed nations and developing countries in their just struggle for and maintain national independence and develop their national economy, and work hard to maintain world peace and promote the cause of human progress."

Article 36 The second paragraph of Article 1 of the Constitution "The socialist system is the fundamental system of the People's Republic of China." After that, add a sentence, the content is: "the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics."

Article 37, paragraph 3, of Article 3 of the Constitution: "State administrative organs, judicial organs and procuratorial organs are all formed by the people's congresses, are responsible to them and are subject to their supervision." It is revised as follows: "state administrative organs, supervisory organs, judicial organs and procuratorial organs are all formed by the people's Congress, responsible to it and subject to its supervision."

Article 38 In the first paragraph of Article 4 of the Constitution, "The state protects the lawful rights and interests of all ethnic minorities, and maintains and develops the relationship of equality, unity, and mutual assistance among all ethnic groups." Amend to read: "The state protects the legitimate rights and interests of all ethnic minorities, and maintains and develops equality, unity, mutual assistance and harmonious relations among all ethnic groups."

Article 39 in the second paragraph of Article 24 of the Constitution, "the state advocates the public morality of loving the motherland, the people, labor, science and socialism" is amended to "the state advocates the socialist core values and advocates the public morality of loving the motherland, the people, labor, science and socialism". This paragraph is revised accordingly: "The state advocates the core values of socialism, advocates the public morality of loving the motherland, the people, labor, science, and socialism, and conducts patriotism, collectivism, internationalism, and communism among the people. Education, education in dialectical materialism and historical materialism, and opposition to capitalist, feudal and other decadent ideas."

Article 40 One paragraph is added to Article 27 of the Constitution as the third paragraph: "When taking office, state functionaries shall publicly take the constitutional oath in accordance with the law."

Article 41 An item is added to Article 62 of the Constitution, "The National People's Congress shall exercise the following functions and powers", as the seventh item "(VII) the election of the director of the National Supervisory Commission", and items 7 to 15 shall be changed to items 8 to 16 accordingly.

Article 42: Article 63 of the Constitution "The National People's Congress has the power to remove the following persons" is added as the fourth item "(IV) the director of the National Supervisory Commission", and the fourth and fifth items are changed accordingly Item 5 and item 6.

Article 43 Paragraph 4 of Article 65 of the Constitution "Members of the Standing Committee of the National People's Congress shall not hold positions in state administrative, judicial and procuratorial organs." It is amended to read: "Members of the Standing Committee of the National People's Congress shall not hold posts in state administrative organs, supervisory organs, judicial organs and procuratorial organs."

Article 44 Item 6 of Article 67 of the Constitution, "The Standing Committee of the National People's Congress exercises the following functions and powers", "(VI) supervise the work of the State Council, the Central Military Commission, the Supreme People's Court and the Supreme People's Procuratorate" is amended to "(VI) supervise the work of the State Council, the Central Military Commission, the State Supervisory Commission, the Supreme People's Court and the Supreme People's Procuratorate, as item 11" (11) Appointment and removal of vice-chairmen and members of the State Supervisory Commission at the request of the Director of the State Supervisory Commission ", items 11 to 21 are correspondingly changed to items 12 to 22.

In the first paragraph of Article 70 of the Constitution, "The National People's Congress establishes the Nationalities Committee, the Law Committee, the Finance and Economic Committee, the Education, Science, Culture and Health Committee, the Foreign Affairs Committee, the Overseas Chinese Committee and other special committees that need to be established." Amend to read: "The National People's Congress establishes the Nationalities Committee, the Constitution and Law Committee, the Finance and Economic Committee, the Education, Science, Culture and Health Committee, the Foreign Affairs Committee, the Overseas Chinese Committee and other special committees that need to be established."

Article 45 The third paragraph of Article 79 of the Constitution "The term of office of the chairman and vice-chairmen of the the People's Republic of China shall be the same as that of the National People's Congress, and shall not serve more than two consecutive terms." Amend to read: "The term of office of the chairman and vice-chairmen of the the People's Republic of China is the same as that of the National People's Congress."

Article 46 The sixth item "(VI) leadership and management of economic work and urban and rural construction" in Article 89 of the Constitution "The State Council exercises the following functions and powers" is amended to "(VI) leadership and management of economic work, urban and rural construction, and ecological civilization construction"; The eighth item "(VIII) leadership and management of civil affairs, public security, judicial administration and supervision" is revised to "(VIII) leadership and management of civil affairs, public security, judicial administration, etc".

Article 47 One paragraph is added to Article 100 of the Constitution as the second paragraph: "The people's congresses of cities divided into districts and their standing committees shall, on the premise that different constitutions, laws, administrative regulations and the local regulations of this province or autonomous region conflict with each other, formulate local regulations in accordance with the provisions of the law, which shall be submitted to the standing committee of the people's congress of this province or autonomous region for approval before implementation."

Article 48 in the second paragraph of Article 101 of the Constitution, "local people's congresses at or above the county level elect and have the power to recall the president of the people's court at the corresponding level and the chief procurator of the people's procuratorate at the corresponding level." Amend to read: "Local people's congresses at or above the county level elect and have the power to remove the chairman of the supervisory committee at the corresponding level, the president of the people's court at the corresponding level, and the chief procurator of the people's procuratorate at the corresponding level."

Article 49 Article 103 Paragraph 3 of the Constitution "Members of the standing committees of local people's congresses at or above the county level shall not hold posts in state administrative, judicial and procuratorial organs." It is revised as follows: "members of the standing committees of local people's congresses at or above the county level shall not hold posts in state administrative organs, supervisory organs, judicial organs and procuratorial organs."

Article 50 In Article 104 of the Constitution, the words "supervise the work of the people's government, the people's court and the people's procuratorate at the corresponding level" are amended to read "supervise the work of the people's government, the supervisory committee, the people's court and the people's procuratorate at the corresponding level". This article is amended accordingly: "The standing committees of local people's congresses at or above the county level discuss and decide on major issues in all aspects of work within their administrative regions; supervise the work of the people's governments, supervisory committees, people's courts and people's procuratorates at the corresponding levels; revoke inappropriate decisions and orders of the people's governments at the corresponding levels; revoke inappropriate resolutions of the people's congresses at the next lower level; and decide on the appointment and removal of state functionaries in accordance with the authority prescribed by law; when the people's congress at the corresponding level is not in session, individual deputies to the people's congress at the next higher level shall be removed and elected by-election."

Article 51, paragraph 1 of Article 107 of the Constitution, "Local people's governments at or above the county level shall, in accordance with the limits of authority prescribed by law, administer the economic, educational, scientific, cultural, health, sports, urban and rural construction and finance, civil affairs, public security, ethnic affairs, judicial administration, supervision, family planning and other administrative work within their respective administrative areas, and issue decisions and orders. Appoint and remove, train, assess, reward and punish administrative staff." Amend to read: "Local people's governments at or above the county level shall, in accordance with the authority prescribed by law, manage the economy, education, science, culture, health, sports, urban and rural construction, finance, civil affairs, public security, ethnic affairs, Judicial administration, family planning and other administrative work, issue decisions and orders, appoint, remove, train, assess, reward and punish administrative staff."

Article 52 A section is added to Chapter III "State Institutions" of the Constitution as Section VII "Supervisory Committee"; five articles are added as Articles 123 to 127 respectively. The contents are as follows:

Section 7 Supervisory Committee

Article 123 The the People's Republic of China supervisory commissions at all levels shall be the supervisory organs of the State.

Article 124 The the People's Republic of China establishes a State supervisory committee and local supervisory committees at all levels.

The Supervisory Committee shall be composed:

Director,

a number of deputy directors,

Several members.

The term of office of the director of the supervisory committee is the same as that of the people's congress at the corresponding level. The Director of the National Supervisory Commission shall not serve more than two consecutive terms.

The organization and powers of the supervisory committee shall be prescribed by law.

Article 125 The the People's Republic of China State Supervisory Commission shall be the highest supervisory organ.

The State Supervisory Committee shall lead the work of the local supervisory committees at all levels, and the supervisory committees at higher levels shall lead the work of the supervisory committees at lower levels.

Article 126 The State Supervisory Commission is responsible to the National People's Congress and its Standing Committee. The local supervisory committees at all levels are responsible to the organs of State power that created them and to the supervisory committees at the next higher level.

Article 127 The Supervisory Committee shall exercise its supervisory power independently in accordance with the provisions of the law and shall not be subject to interference by administrative organs, public organizations or individuals.

Supervisory organs shall cooperate with judicial organs, procuratorial organs and law enforcement departments in handling cases of job-related violations and job-related crimes.

Section 7 is correspondingly changed to Section 8, and Articles 123 to 138 are correspondingly changed to Articles 128 to 143.