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Encyclopedia > Constitution of the People's Republic of China
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This article is part of the series
Politics of the PRC
Constitution
President
National People's Congress
   Standing Committee
Premier
State Council
People's Liberation Army
Central Military Commission
Law of the PRC
Supreme People's Court
Supreme People's Procuratorate
Political Parties
CPPCC
Communist Party of China
   Constitution
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   National Congress
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   Politburo
      Standing Committee
Elections
See also
   Politics of Hong Kong
   Politics of Macau

The National Emblem of the Peoples Republic of China. ... State power within the Peoples Republic of China (PRC) is divided among three bodies: the Party, the State, and the Army. ... The President of the Peoples Republic of China (Chinese: 中华人民共和国主席 pinyin: Zhōnghuá Rénmín Gònghéguó ZhÇ”xí, or abbreviated Guojia-Zhuxi 国家主席) is the head of state of the Peoples Republic of China. ... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... The Standing Committee of the National Peoples Congress (NPCSC; Chinese: 全国人民代表大会常务委员会, pinyin: Quánguó Rénmín Dàibiǎo Dàhuì Chángwù Wěiyuánhuì) is a committee of about 150 members of the National Peoples Congress (NPC) of the Peoples Republic of China (PRC), which is convened between plenary sessions of the NPC... The Premier ( Chinese: 总理 pinyin: zŏnglĭ), sometimes referred to as the Prime Minister, is the Chairman of the State Council of the Peoples Republic of China and head of Central Peoples Government. ... The State Council (国务院, pinyin: Guówùyuàn) of the Central Peoples Government is the chief civilian administrative body of the Peoples Republic of China. ... Jump to: navigation, search The Chinese Peoples Liberation Army (PLA) (Simplified Chinese: 中国人民解放军; Traditional Chinese: 中國人民解放軍; pinyin: ), which includes an army, navy, air force, and strategic nuclear forces, serves as the military of the Peoples Republic of China (PRC). ... The Central Military Commission (Chinese: 中央军事委员会 pinyin: Zhōngyāng JÅ«nshì WÄ›iyuánhuì ) refers to one of two bodies within the Peoples Republic of China. ... Law of the Peoples Republic of China is the legal regime of the Peoples Republic of China, incorporating the separate legal traditions and systems of Mainland China, Hong Kong and Macao. ... The Supreme Peoples Court (最高人民法院; pinyin: Zuìgāo Rénmín FÇŽyuàn) is the highest court in the judicial system of the Peoples Republic of China. ... Supreme Peoples Procuratorate (simplified Chinese: 最高人民检察院; pinyin: Zuìgāo Rénmín FÇŽyuàn Jiānchá Yùan) is the highest agency at the national level responsible for prosecution in the Peoples Republic of China. ... The Peoples Republic of China is in many regards a single-party state. ... The Chinese Peoples Political Consultative Conference (中国人民政治协商会议 Pinyin: Zhongguo renmin zhengzhi xieshang huiyi), abbreviated CPPCC, is an advisory body in the Peoples Republic of China. ... Jump to: navigation, search Communist Party of China flag The Communist Party of China (Simplified Chinese: 中国共产党; Traditional Chinese: 中國共産黨; pinyin: ) is the ruling party of the Peoples Republic of China. ... The General Secretary of the Communist Party of China Central Committee (Chinese: 中国共产党中央委员会总书记 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng WÄ›iyuánhuì ZÇ’ngshÅ«jì) is the highest ranking official within the Communist Party of China and heads the Secretariat of the Communist Party of China. ... The National Congress of the Communist Party of China (中国共产党全国代表大会 Pinyin: Zhōnguó Gòngchǎndǎng Quánguó Dàibiǎo Dàhuì) is a party congress that is held about once every five years. ... The Central Committee of the Communist Party of China (Chinese: 中国共产党中央委员会 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng WÄ›iyuánhuì) is the highest authority within the Communist Party of China between Party Congresses. ... The Secretariat of the Communist Party of China Central Committee (Chinese: 中国共产党中央委员会书记处 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng WÄ›iyuánhuì ShÅ«jìchù) is the permanent bureaucracy of the Communist Party of China and forms a parallel structure to state organizations in the Peoples Republic... The Politburo of the Communist Party of China ( Chinese: 中国共产党中央政治局 pinyin: Zhōngguó Gòngchǎndǎng Zhōngyāng Zhèngzhìjú) is a group of 19 to 25 people who oversee the Communist Party of China. ... The Politburo Standing Committee of the Communist Party of China (Chinese: 中国共产党中央政治局常务委员会 pinyin: Zhōngguó GòngchÇŽndÇŽng Zhōngyāng Zhèngzhìjú Chángwù WÄ›iyuánhuì) is a committee whose membership varies between 5 and 9 and includes the top leadership of the Communist Party of China. ... Elections in the mainland of the Peoples Republic of China take two forms: elections for selected local government positions in selected rural villages, and elections by Communist Party peoples congresses for the national legislature: the National Peoples Congress (Quanguo Renmin Daibiao Dahui). ... On July 1, 1997, the Peoples Republic of China (PRC) resumed its exercise of sovereignty over Hong Kong, ending more than 150 years of British colonial control. ... In accordance with Article 31 of the Constitution of the Peoples Republic of China, Macau has Special Administrative Region status, which provides constitutional guarantees for implementing the policy of one country, two systems and the constitutional basis for enacting the Basic Law of the Macau Special Administrative Region. ...

Politics Portal

The Constitution of the People's Republic of China (中华人民共和国宪法; pinyin: Zhōnghuá Rénmín Gònghéguó Xiànfǎ) is the highest law within the People's Republic of China. The current version was adopted by the National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions--those of 1954, 1975, and 1978--were superseded in turn. The Constitution has five sections: the preamble, general principles, the fundamental rights and duties of citizens, the structure of the state, and the national flag and emblems of state. Jump to: navigation, search Pinyin (Chinese: 拼音, pÄ«nyÄ«n) literally means join (together) sounds (a less literal translation being phoneticize, spell or transcription) in Chinese and usually refers to HànyÇ” PÄ«nyÄ«n (汉语拼音, literal meaning: Han language pinyin), which is a system of romanization (phonemic notation and transcription to... The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... Jump to: navigation, search December 4 is the 338th day (339th on leap years) of the Gregorian calendar. ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1988 (MCMLXXXVIII) is a leap year starting on a Friday of the Gregorian calendar. ... Jump to: navigation, search 1993 (MCMXCIII) is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... Jump to: navigation, search 1999(MCMXCIX) is a common year starting on Friday Anno Domini (or the Current Era), and was designated the International Year of Older Persons by the United Nations. ... Jump to: navigation, search 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The 1954 Constitution of the Peoples Republic of China was promulgated by the National Peoples Congress meeting in Beijing on September 20, 1954, apparently unanimously in favour. ... The 1975 Constitution of the Peoples Republic of China was promulgated in the midst of the unrest of the Cultural Revolution. ... The 1978 Constitution of the Peoples Republic of China was promulgated in 1978. ... Jump to: navigation, search Ratio 2:3 The Flag of the Peoples Republic of China, the Five-Starred Red Flag (五星红旗 in pinyin: wÇ” xÄ«ng hóng qí), was designed by Zeng Liansong, an economist by trade and a talented artist who took residence in Ruian (瑞安 ruì ān), Zhejiang. ... A national emblem is a symbol that represents a nation. ...



The 1982 document reflects Deng Xiaoping's determination to lay a lasting institutional foundation for domestic stability and modernization. The new State Constitution provides a legal basis for the broad changes in China's social and economic institutions and significantly revises government structure and procedures. Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search Deng Xiaoping Deng Xiaoping listen ▶(?) (Simplified Chinese: 邓小平; Traditional Chinese: 鄧小平; pinyin: ; Wade-Giles: Teng Hsiao-ping; August 22, 1904—February 19, 1997) was a revolutionary elder in the Communist Party of China (CPC) who served as the de facto ruler of the Peoples Republic of...


There have been four major revisions by the National People's Congress to the 1982 Constitution. It is very commonly believed in the West that China's Constitution is subordinate to the party. However this is formally incorrect as the Chinese Constitution explicitly states that the all Chinese organizations are subordinate to the Constitution, and the view that party is subordinate to the Constitution is universal among Chinese legal scholars and party officials. The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ...


In response, many argue that the distinction is meaningless because the Communist Party is able to maintain overwhelming control of the Chinese political system through the appointment of key officials. And the CCP could control the legislation or amendment of constitution by making proposal to NPC first. All of the four amendments were first discuss in the Plenary Meeting of National Congress of CCP or even National Congress of CCP itself.Then CCP submitted the opinions on amendment to NPC, which would passed by NPC later. However, most Chinese officials would argue that the formal subordination of the Party to the Constitution and Chinese law is important as it provides a systematic and predictable framework for decisions to be made, and that this rule of law limits artibrary decisions and the establishment of a cult of personality. In addition, there have been a few cases in which the subordination of the party to the constitution has had some practical consequences, as in 1993, when the NPC refused to allow the Party to directly submit constitutional amendments on the grounds that it was not a state organization. The rule of law implies that government authority may only be exercised in accordance with written laws, which were adopted through an established procedure. ... Jump to: navigation, search Joseph Stalin, the subject of a massive Communist Party campaign to rename locations in his honor (see List of places named after Stalin). ... Jump to: navigation, search 1993 (MCMXCIII) is a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ...


Much of the PRC Constitution is modelled after the 1936 Constitution of the Soviet Union, but there are some significant differences. For example, while the Soviet constitution contains an explicit right of secession, the Chinese constitution explicitly forbids secession. While the Soviet constitution formally creates a federal system, the Chinese constitution formally creates a unitary multi-national state. (Redirected from 1936 Constitution of the Soviet Union) The 1936 Soviet constitution, adopted on December 5, 1936, and also known as the Stalin constitution, redesigned the government. ...


The 1982 State Constitution is a lengthy, hybrid document with 138 articles. Large sections were adapted directly from the 1978 constitution, but many of its changes derive from the 1954 constitution. Specifically, the new Constitution deemphasizes class struggle and places top priority on development and on incorporating the contributions and interests of nonparty groups that can play a central role in modernization. Accordingly, Article 1 of the State Constitution describes China as a "people's democratic dictatorship," meaning that the system is based on an alliance of the working classes--in communist terminology, the workers and peasants--and is led by the Communist Party, the vanguard of the working class. Elsewhere, the Constitution provides for a renewed and vital role for the groups that make up that basic alliance--the CPPCC, democratic parties, and mass organizations. The 1982 Constitution expunges almost all of the rhetoric associated with the Cultural Revolution incorporated in the 1978 version. In fact, the Constitution omits all references to the Cultural Revolution and restates Mao Zedong's contributions in accordance with a major historical reassessment produced in June 1981 at the Sixth Plenum of the Eleventh Central Committee, the "Resolution on Some Historical Issues of the Party since the Founding of the People's Republic." Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1954(MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... Class struggle is class conflict looked at from a Marxist, libertarian socialist, or anarchist perspective. ... Jump to: navigation, search This politics-related article is a stub. ... The Chinese Peoples Political Consultative Conference (中国人民政治协商会议 Pinyin: Zhongguo renmin zhengzhi xieshang huiyi), abbreviated CPPCC, is an advisory body in the Peoples Republic of China. ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search A poster during the Cultural Revolution. ... Jump to: navigation, search 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... Jump to: navigation, search June is the sixth month of the year in the Gregorian Calendar, with a length of 30 days The month is named after the Roman goddess Juno (mythology), wife of Jupiter and equivalent to the Greek goddess Hera. ... Jump to: navigation, search 1981 (MCMLXXXI)is a common year starting on Thursday of the Gregorian calendar. ...


There also is emphasis throughout the 1982 State Constitution on socialist law as a regulator of political behavior. Thus, the rights and obligations of citizens are set out in detail far exceeding that provided in the 1978 constitution. Probably because of the excesses that filled the years of the Cultural Revolution, the 1982 Constitution gives even greater attention to clarifying citizens' "fundamental rights and duties" than the 1954 constitution did. The right to vote and to run for election begins at the age of eighteen except for those disenfranchised by law. The Constitution guarantees the freedom of religious worship as well as the "freedom not to believe in any religion" and affirms that "religious bodies and religious affairs are not subject to any foreign domination." Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... The Law of China, for most of the history of China, was rooted in the Confucian philosophy of social control. ... Jump to: navigation, search 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1954(MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... Freedom of religion is the individuals right or freedom to hold whatever religious beliefs he or she wishes, or none at all. ... Jump to: navigation, search Atheism, in its broadest sense, is characterized by an absence of belief in the existence of god(s), thus contrasting with theism. ...


Article 35 of the 1982 State Constitution proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration." In the 1978 constitution, these rights were guaranteed, but so were the right to strike and the "four big rights," often called the "four bigs": to speak out freely, air views fully, hold great debates, and write big-character posters. In February 1980, following the Democracy Wall period, the four bigs were abolished in response to a party decision ratified by the National People's Congress. The right to strike was also dropped from the 1982 Constitution. The widespread expression of the four big rights during the student protests of late 1986 elicited the regime's strong censure because of their illegality. The official response cited Article 53 of the 1982 Constitution, which states that citizens must abide by the law and observe labor discipline and public order. Besides being illegal, practicing the four big rights offered the possibility of straying into criticism of the Communist Party of China, which was in fact what appeared in student wall posters. In a new era that strove for political stability and economic development, party leaders considered the four big rights politically destabilizing. Except for the ostentatious and puppetized so-called six democratic parties,Chinese citizens are prohibited from organization of parties,which is to ensure the totalitarianism of CCP.As the strict censorship of speech and press, strike ,association and demonstration should be granted first, these rights are more formalistic than real bestowal.The suppression of journalists and harassment of dissidents are quite frequent in China. Furthermore, websites are often blocked for restriction of free flow of information. Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search A public demonstration Freedom of speech is often regarded as an integral concept in modern liberal democracies, where it is understood to outlaw censorship. ... Freedom of the press (or press freedom) is the guarantee by a government of free public speech often through a state constitution for its citizens, and associations of individuals extended to members of news gathering organizations, and their published reporting. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ... Jump to: navigation, search 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... February is the second month of the year in the Gregorian Calendar. ... Jump to: navigation, search 1980 (MCMLXXX) is a leap year starting on Tuesday. ... Democracy Wall was a wall in the Xidan District in Beijing. ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1986 (MCMLXXXVI) is a common year starting on Wednesday of the Gregorian calendar. ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search Communist Party of China flag The Communist Party of China (Simplified Chinese: 中国共产党; Traditional Chinese: 中國共産黨; pinyin: ) is the ruling party of the Peoples Republic of China. ...


Among the political rights granted by the constitution, all Chinese citizens have rights for election or got elected. But as free election is confined to the village level , it is strictly limited too.Although some orthodox scholars argue that this is some kind of Electoral College system, people appoint representatives who are going to vote for them. But the question is as most of the candidates picked by CCP, how can people ensure those who got elected can protect their interests.Furthermore, according to the later promulgated election law, rual residents have only 1/4 vote power of townsmen.As Chinese citizens are categorized into rural resident and town resident,and the consitution has no stipulation of freedom of transference, those rural residents are restricted by the Hukou(registered permanant residence) and have less rights on politics, economy and education.Under this mechanism, the gap between rural areas and towns are widening day by day. Jump to: navigation, search An electoral college is a set of electors who are empowered as a deliberative body to elect someone to a particular office. ...


The 1982 State Constitution is also more specific about the responsibilities and functions of offices and organs in the state structure. There are clear admonitions against familiar Chinese practices that the reformers have labeled abuses, such as concentrating power in the hands of a few leaders and permitting lifelong tenure in leadership positions. On the other hand, the constitution strongly oppose the western system of division of power by executive, legislature and judicial. It stipulates NPC as the highest organ of state authority power, under which the State Council, as the highest organ of sate administration;the Supreme People's Court and the Supreme People's Procuratorate as the highest organ of state judicial shall be elected and reponsible for NPC.But with all candidates for these important positions shall be first submitted and granted by CCP, and financing for all these organs coming from CCP, it is impossible to keep the independence of these organs. Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... State Council or National Council is the name of a major governmental body in some countries. ... The Supreme Peoples Court (最高人民法院; pinyin: Zuìgāo Rénmín Fǎyuàn) is the highest court in the judicial system of the Peoples Republic of China. ... Supreme Peoples Procuratorate (simplified Chinese: 最高人民检察院; pinyin: Zuìgāo Rénmín Fǎyuàn Jiānchá Yùan) is the highest agency at the national level responsible for prosecution in the Peoples Republic of China. ...


In addition, the 1982 Constitution provides an extensive legal framework for the liberalizing economic policies of the 1980s. It allows the collective economic sector not owned by the state a broader role and provides for limited private economic activity. Members of the expanded rural collectives have the right "to farm private plots, engage in household sideline production, and raise privately owned livestock." The primary emphasis is given to expanding the national economy, which is to be accomplished by balancing centralized economic planning with supplementary regulation by the market. Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ...


Another key difference between the 1978 and 1982 state constitutions is the latter's approach to outside help for the modernization program. Whereas the 1978 constitution stressed "self-reliance" in modernization efforts, the 1982 document provides the constitutional basis for the considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy. In addition, the 1982 document reflects the more flexible and less ideological orientation of foreign policy since 1978. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped. Jump to: navigation, search 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ... Jump to: navigation, search 1978 (MCMLXXVIII) was a common year starting on Sunday (the link is to a full 1978 calendar). ... Proletarian internationalism is a concept advanced by the marxist social class theory. ...



The Constitution was amended on March 14, 2004 to include guarantees regarding private property ("Legally obtained private property of the citizens shall not be violated,") and human rights ("The state respects and protects human rights.") This is a progress for Chinese democracy and compromise from CCP, because booming Chinese economy brought up a new class of rich and middle class who care about protection of their own properties than ever. Although they cry for the slogan of Property Being Sacred and Inviolable as Bill of Rights,their proposal was accepted partly.The government still keep the right of nationalization or condemnation.The article is the government can use the measure of nationalization of private porperty when it think time is right and necessary. The government will give appropriate compensation, not the generally accepted standard of fair, sufficient and punctual compensation, and the Due Process for nationalization is not mentioned in this constitution at all.As China hasn't ratified United Nations Agreements on Human Rights yet, Chinese citizen have enough reasons not to be free from fear.Especially with recent years' booming economy, local governments are zealous in requisition of lands and houses by using force and without fair compensation,which raise great tension. Also, according to the New York Times, "The constitutional changes of March, 2004 were unlikely to have any direct influence on the outcomes of court cases, said Chinese legal experts, because the courts here usually do not test laws and government decisions for fidelity to the Constitution" [1] The Washington Post took a more optimistic view, quoting Premier Wen Jiabao as saying, "These amendments of the Chinese constitution are of great importance to the development of China." "We will make serious efforts to carry them out in practice." [2]. Jump to: navigation, search March 14 is the 73rd day of the year in the Gregorian Calendar (74th in Leap years) with 292 days remaining in the year. ... Jump to: navigation, search 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... This page deals with property as ownership rights. ... Human rights are rights which some hold to be inalienable and belonging to all humans. ... Jump to: navigation, search A bill of rights is a statement of certain rights that citizens and/or residents of a free and democratic society have (or ought to have) under the laws of that society. ... Jump to: navigation, search Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... The New York Times is an internationally known daily newspaper published in New York City and distributed in the United States and many other nations worldwide. ... Jump to: navigation, search March is the third month of the year in the Gregorian Calendar and one of seven Gregorian months with the length of 31 days. ... Jump to: navigation, search 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... ... Wen Jiabao (Simplified Chinese: 温家宝; Traditional Chinese: 溫家寶; pinyin: ; Wade-Giles: Wen Chia-pao) (born September 1942) is the Premier of the State Council of the Peoples Republic of China. ...

Contents


Constitutional Enforcement

There is no special organ established for the enforcement of constitution.Although in the constitution it stipulates that the National People's Congress and its Standing Committee have the power to review laws or activities whether violate the constitution, it is quite difficult for NPC to review for it being held only once a year and the Standing Committee being rather a rubber stamp than powerful organ. Furthermore,under the legal system of the People's Republic of China, courts do not have the power of judicial review and cannot strike down a law for violation of constitution,they also can't quote the articles of the constitution for a judgement. The only exception was in 2001, in the Supreme People's Court's official reply given to Shandong Higher People's Court on the case of Qi Yuling, it first quoted the articles of constitution on education rights as base for judgement. Nonetheless, since 2002, there has been a special committee of the Standing Committee of the National People's Congress which has reviewed laws and regulations for constitutionality. Although this committee has not yet explicitly ruled that a law or regulation is unconstitutional, in one case, after the death and subsequent media outcry over the death of Sun Zhigang, the State Council was force to rescind regulations allowing police to detain persons without residency permits after the NPCSC made it clear that it would rule such regulations unconstitutional if they were not rescinded. The Great Hall of the People, where the NPC convenes The National Peoples Congress (全国人民代表大会 in Pinyin: Quánguó Rénmín Dàibiǎo Dàhuì, literally Pan-Nation Congress of the Peoples Representatives), abbreviated PNCOTPR, is the highest legislative body in the Peoples Republic of China. ... Jump to: navigation, search Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... Jump to: navigation, search Shandong (Simplified Chinese: 山东; Traditional Chinese: 山東; pinyin: ; Wade-Giles: Shan-tung) is a coastal province of eastern Peoples Republic of China. ... State Council or National Council is the name of a major governmental body in some countries. ...


See also

Law of the Peoples Republic of China is the legal regime of the Peoples Republic of China, incorporating the separate legal traditions and systems of Mainland China, Hong Kong and Macao. ...

External link

  • An English translation of the Constitution of 1982

Reference


  Results from FactBites:
 
East Asian History Sourcebook: People's Republic of China: Constitution, 1982 (1994 words)
China's Constitution was adopted by the Fifth Session of the Fifth National People's Congress on Dec 4, 1982.
The People's Republic of China is a socialist state and a dictatorship of the people based on an alliance of workers and peasants.
The Government of the United Kingdom and the Government of the People's Republic of China agree to implement the preceding declarations and the Annexes to this Joint Declaration.
Constitution of the People's Republic of China - The U.S. Constitution Online - USConstitution.net (10117 words)
The residences of citizens of the People's Republic of China are inviolable.
It is the duty of citizens of the People's Republic of China to safeguard the unification of the country and the unity of all its nationalities.
People's governments of townships, nationality townships, and towns execute the resolutions of the people's congress at the corresponding level as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas.
  More results at FactBites »

 
 

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