Communist Party’s Proposals for Amending the P.R.C. Constitution

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A complete translation of this document was produced by longtime CLT contributor,  Changhao Wei, on his excellent NPC OBSERVER blog, where he has also annotated the major changes. It is reprinted here with his permission, and the understanding that some terms may change through normal use of this site.

Standing Committee of the National People's Congress:

Based on the new circumstances and new practices of upholding to and developing socialism with Chinese characteristics in a new era, the Central Committee of the Communist Party of China puts forward proposals for partially amending the Constitution of the People’s Republic of China as follows:

1. In the seventh paragraph of the Preamble to the Constitution, “the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of Three Represents” is amended to read “the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era”; “improve the socialist legal system” is amended to read “improve the socialist rule of law”; before “work hard and self-reliantly” is inserted “apply a new vision of development”; and “promote the coordinated development of the material, political and spiritual civilizations, to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced” is amended to read “promote the coordinated development of the material, political, spiritual, social and ecological civilizations, to turn China into a strong modern socialist country that is prosperous, democratic, culturally advanced, harmonious, and beautiful, and to realize the great rejuvenation for the Chinese nation.” This paragraph is accordingly amended to read: “The victory in China’s New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. China will be in the primary stage of socialism for a long time to come. China will be in the primary stage of socialism for a long time to come. The basic task of the nation is to concentrate its effort on socialist modernization along the road of Chinese-style socialism. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the Chinese people of all nationalities will continue to adhere to the people’s democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, apply a new vision of development, and work hard and self-reliantly to modernize the country’s industry, agriculture, national defense and science and technology step by step and promote the coordinated development of the material, political, spiritual, social and ecological civilizations, to turn China into a strong modern socialist country that is prosperous, democratic, culturally advanced, harmonious, and beautiful, and to realize the great rejuvenation for the Chinese nation.” "

2. In the tenth paragraph of the Preamble to the Constitution, “In the long years of revolution and construction” is amended to read “In the long years of revolution, construction, and reform”; “which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland” is amended to read “which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland and endeavor to revitalize the Chinese nation”. This paragraph is accordingly amended to read: “In building socialism it is essential to rely on workers, peasants and intellectuals and to unite all forces that can be united. In the long years of revolution, construction, and reform, there has been formed under the leadership of the Communist Party of China a broad patriotic united front which is composed of the democratic parties and people’s organizations and which embraces all socialist working people, all builders of socialism, all patriots who support socialism, and all patriots who stand for the reunification of the motherland and endeavor to revitalize the Chinese nation. The Chinese People’s Political Consultative Conference, a broadly based representative organization of the united front which has played a significant historical role, will play a still more important role in the country’s political and social life, in promoting friendship with other countries and in the struggle for socialist modernization and for the reunification and unity of the country. The system of the multi-party cooperation and political consultation led by the Communist Party of China will exist and develop for a long time to come. "

3. In the eleventh paragraph of the Preamble to the Constitution, “Socialist relations of equality, unity and mutual assistance have been established among the nationalities and will continue to be strengthened. is amended to read “Socialist relations of equality, unity, mutual assistance, and harmony have been established among the nationalities and will continue to be strengthened. "

4. In the twelfth paragraph of the Preamble to the Constitution, “China’s achievements in revolution and construction are inseparable from the support of the people of the world” is amended to read “China’s achievements in revolution, construction, and reform are inseparable from the support of the people of the world”; after “China consistently carries out an independent foreign policy and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence” is inserted “follows a path of peaceful development, and pursues a mutually beneficial strategy of opening up.” This paragraph is accordingly amended to read: “China’s achievements in 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 consistently carries out an independent foreign policy, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence, follows a path of peaceful development, and pursues a mutually beneficial strategy of opening up in developing diplomatic relations and economic and cultural exchanges with other countries. China consistently opposes imperialism, hegemonism and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.” "

5. In paragraph 2 of article 1 of the Constitution, after “The socialist system is the basic system of the People’s Republic of China. is inserted a new sentence that reads: “The defining feature of socialism with Chinese characteristics is the leadership of the Communist Party of China. "

6. Paragraph 3 of article 3 of the Constitution that reads “All administrative, adjudicatory and procuratorial organs of the State are created by the people’s congresses to which they are responsible and by which they are supervised. is amended to read: “All administrative, supervision, adjudicatory and procuratorial organs of the State are created by the people’s congresses to which they are responsible and by which they are supervised. "

7. In paragraph 1 of article 4 of the Constitution, “The State protects the lawful rights and interests of the minority nationalities and upholds and develops a relationship of equality, unity and mutual assistance among all of China’s nationalities.” is amended to read: “The State protects the lawful rights and interests of the minority nationalities and upholds and develops a relationship of equality, unity, mutual assistance, and harmony among all of China’s nationalities. "

8. In paragraph 2 of article 24 of the Constitution, “The State advocates the civic virtues of love of the motherland, of the people, of labor, of science and of socialism.” is amended to read: “The State champions core socialist values and advocates the civic virtues of love of the motherland, of the people, of labor, of science and of socialism.” This paragraph is according amended to read: “The State champions core socialist values and advocates the civic virtues of love of the motherland, of the people, of labor, of science and of socialism. It conducts education among the people in patriotism and collectivism, in internationalism and communism and in dialectical and historical materialism, to combat capitalist, feudal and other decadent ideas. "

9. In article 27 of the Constitution, a new paragraph is added to be paragraph 3 and reads: “State functionaries shall take a public oath of allegiance to the Constitution when assuming office. "

10. In article 62 of the Constitution, a new item is added under “The National People’s Congress exercises the following functions and powers” to be item 7 and to read “(7) to elect the Chairman of the State Supervision Commission,” and items 7 through 15 are accordingly changed to items 8 through 16.

11. In article 63 of the Constitution, a new item is added under “The National People’s Congress has the power to remove from office the following persons” to be item 4 and to read “(4) the Chairman of the State Supervision Commission,” and items 4 and 5 are accordingly changed to items 5 and 6.

12. Paragraph 4 of article 65 of the Constitution that reads “No one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, adjudicatory or procuratorial organs of the State. is amended to read: “No one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, supervision, adjudicatory or procuratorial organs of the State.” is amended to read: “No one on the Standing Committee of the National People’s Congress shall hold office in any of the administrative, supervision, adjudicatory or procuratorial organs of the State.” "

13. In article 67 of the Constitution under “The Standing Committee of the National People’s Congress exercises the following functions and powers,” item 6 that reads “(6) to 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 read “(6) to supervise the work of the State Council, the Central Military Commission, the State Supervision Commission, the Supreme People’s Court and the Supreme People’s Procuratorate”; and a new item is added to be item 11 and to read “(11) to appoint or remove, at the recommendation of the Chairman of the Supervision Commission, the Vice Chairmen and members of the State Supervision Commission,” and items 11 through 21 are accordingly changed to items 12 through 22.

14. Paragraph 3 of article 79 of the Constitution that reads “The term of office of the President and Vice President of the People’s Republic of China is the same as that of the National People’s Congress, and they shall serve no more than two consecutive terms. ” is amended to read: “The term of office of the President and Vice President of the People’s Republic of China is the same as that of the National People’s Congress. "

15. In article 89 of the Constitution under “The State Council exercises the following functions and powers,” item 6 that reads “(6) to direct and administer economic affairs and urban and rural development” is amended to read “(6) to direct and administer economic affairs and urban and rural development, as well as the building of an ecological civilization;” and item 8 that reads “(8) to direct and administer civil affairs, public security, judicial administration, supervision, and other related matters” is amended to read “(8) to direct and administer civil affairs, public security, judicial administration, and other related matters.”

16. In article 100 of the Constitution, a new paragraph is added to be paragraph 2 and to read: “The people’s congresses of cities divided into districts and their standing committees may adopt local regulations in accordance with the provisions of law, provided that they do not contravene the Constitution, laws, administrative regulations, and the local regulations of the corresponding provinces or autonomous regions, and they shall take effect after being report to and approved by the standing committees of the people’s congresses of the corresponding provinces or autonomous regions. "

17. In paragraph 2 of article 101 of the Constitution, “Local people’s congresses at or above the county level elect, and have the power to recall, presidents of people’s courts and chief procurators of people’s procuratorates at the corresponding level. ” is amended to read: “Local people’s congresses at or above the county level elect, and have the power to recall, chairmen of Supervision Commissions, presidents of people’s courts and chief procurators of people’s procuratorates at the corresponding level. "

18. Paragraph 3 of article 103 of the Constitution that reads “No one on the standing committee of a local people’s congress at or above the county level shall hold office in State administrative, adjudicatory and procuratorial organs. ” is amended to read: “No one on the standing committee of a local people’s congress at or above the county level shall hold office in State administrative, supervision, adjudicatory and procuratorial organs. "

19. In article 104 of the Constitution, “supervises the work of the people’s government, people’s court and people’s procuratorate at the corresponding level” is amended to read “supervises the work of the people’s government, Supervision Commission, people’s court and people’s procuratorate at the corresponding level.” This article is accordingly amended to read: “The standing committee of a local people’s congress at or above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people’s government, Supervision Commission, people’s court and people’s procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people’s government at the corresponding level; annuls inappropriate resolutions of the people’s congress at the next lower level; decides on the appointment or removal of functionaries of State organs within the limits of its authority as prescribed by law; and, when the people’s congress at the corresponding level is not in session, recalls individual deputies to the people’s congress at the next higher level and elects individual deputies to fill vacancies in that people’s congress. "

20. Paragraph 1 of article 107 of the Constitution that reads “Local people’s governments at or above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train them, appraise their performance and reward or punish them.” is amended to read: “Local people’s governments at or above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train them, appraise their performance and reward or punish them. "

21. In Chapter III of the Constitution titled “The Structure of the State,” a new section is added to be Section 7 titled “The Supervision Commissions”; and five new articles are added to be articles 123 through 127. The content is as follows:

Section 7 The Supervision Commissions

Article 123:The Supervision Commissions of the People’s Republic of China at various levels are the Supervision Organs of the State.

Article 124:The People’s Republic of China establishes the National Supervision Commission and local Supervision Commissions at various levels.

Supervision Commissions are composed of the following:

a Chairperson,

several Vice Chairpersons and,

several members.

The term of office for the Chairperson of a Supervision Commission is the same as that of the people’s congress at the same level. The Chairperson of the State Supervision Commission shall serve no more than two consecutive terms.

The organization and functions and powers of the Supervision Commissions are prescribed by law.

Article 125:The State Supervision Commission of the People’s Republic of China is the highest Supervision Organ.

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

Article 126:The State Supervision Commission is responsible to the National People’s Congress and its Standing Committee. Supervision Commissions at various local levels are responsible to the organs of state power which created them and to the Supervision Commissions at higher levels.

Article 127:The Supervision Commissions exercise supervision power independently, in accordance with the provisions of law, and not subject to interference by any administrative organ, social group, or individual.

Supervision Organs handling cases of violations or crimes abusing public office, shall mutually cooperate with and mutually restrict the adjudicatory organs, procuratorial organs, and law enforcement departments.

Section 7 is accordingly changed to Section 8, and article 123 through 138 are accordingly changed to article 128 through 143.

The Standing Committee of the National People’s Congress is requested to put forward a bill of constitutional amendment in accordance with legally prescribed procedures and based on the foregoing proposals and to submit it to the 1st Session of the 13th National People’s Congress for deliberation.

Central Committee of the Communist Party of China

January 26, 2018

 

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