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Constitutional amendment
Also known as "constitutional amendment", it is a constitutional creation activity in which the framers of the Constitution or the state organs or other specific subjects that have the right to amend the Constitution according to the provisions of the Constitution delete, add or change some contents of the Constitution according to the specific amendment procedures provided by the Constitution that do not meet the interests of the framers of the Constitution or the actual needs of the society.
Constitutional amendment has a negative effect on the stability of the constitution itself and the continuity of politics. Frequent constitutional changes can even undermine the constitutional and political processes
Social order
. In order to reduce the negative impact of constitutional amendment and give full play to its positive role in adapting to the real society, constitutional amendment should follow certain principles.
Constitutional amendment is one of the main forms of constitutional change in essence. At the same time, it should be noted that constitutional amendments are changes to parts of the Constitution.
- Chinese name
- Constitutional amendment
- Foreign name
- amendment of constitution
- Abbreviated form
- Constitutional amendment
The Constitution is the fundamental law of the state, the general constitution of the state, and the centralized embodiment of the will of the Party and the people.
Socialism with Chinese characteristics
Major decisions made at an overall and strategic level are major institutional arrangements to ensure long-term peace and stability of the Party and the country.
Only by constantly adapting to new situations, absorbing new experience, recognizing new achievements and making new norms can the Constitution have lasting vitality. Constitutional subordination
Socialist system
The provisions on adhering to and strengthening the Party's overall leadership are conducive to strengthening the Party's leadership consciousness among all the people and ensuring that the cause of the Party and the country always moves in the right direction.
The First Constitution was adopted at the first session of the First National People's Congress on September 20, 1954, consisting of four chapters and 106 articles.
On January 17, 1975, the first session of the Fourth National People's Congress adopted the second Constitution, with a total of 30 articles.
On March 5, 1978, the first session of the Fifth National People's Congress adopted the third Constitution, consisting of 4 chapters and 60 articles.
On July 1, 1979, the Second Session of the Fifth National People's Congress adopted a draft amendment to the
Constitution of People's Republic of China
A number of provisions of the resolution;
On September 10, 1980, the Third session of the Fifth National People's Congress adopted a resolution on amending Article 45 of the Constitution of the People's Republic of China.
On December 4, 1982, the Fifth session of the Fifth National People's Congress adopted the Fourth Constitution, consisting of four chapters and 138 articles.
On April 12, 1988, the first session of the Seventh National People's Congress adopted the amendment to the Constitution.
The amendment to the Constitution was adopted at the first session of the Eighth National People's Congress on March 29, 1993.
On March 15, 1999, the Second session of the Ninth National People's Congress adopted the amendment to the Constitution.
On March 14, 2004, the Second session of the 10th National People's Congress adopted the amendment to the Constitution. The text of the Constitution as amended by the Constitutional amendment:
(1) Add the important thought of "Three Represents" to the Guiding Ideology, amend "the road of building socialism with Chinese characteristics" to "the road of socialism with Chinese characteristics", and add provisions "promoting the coordinated development of material civilization, political civilization and spiritual civilization";
(3) Clearly stipulates that "the state may, in the public interest, expropriate or requisition land in accordance with the law"; At the same time, add the provision "and give compensation";
4. Modify the country pairs again
Non-public economy
The state encourages, supports and guides the development of the non-public economy, and exercises supervision and management over the non-public economy according to law.
(5) It is amended to provide that "the state protects citizens' private property rights and inheritance rights in accordance with the provisions of the law" and adds that "citizens' lawful private property is inviolable";
6. Add the provision that "The State shall establish and improve a social security system commensurate with the level of economic development";
7. Add the provision that "the State respects and guarantees human rights";
8. It is clearly stipulated that the NPC shall be composed of deputies elected by provinces, autonomous regions, municipalities directly under the Central Government and the armed forces. Also included by
Special administrative region
Elected representatives;
9. Amend "martial law" to "state of emergency";
(10) To increase the authority of the President to conduct state activities;
11. Village,
National township
The term of office of the people's Congress of the town will be changed from three years to five years, so that the term of office of the people's Congress at all levels in the country will be the same, and will be five years;
12. Add that the national anthem of the People's Republic of China is"
The March of the Volunteers
".
On March 11, 2018,
The 13th National People's Congress
The third plenary meeting of the First Conference adopted the amendment to the Constitution of the People's Republic of China.
[1]
The full text is as follows:
Amendment to the Constitution of the People's Republic of China
(Adopted at the First Session of the 13th National People's Congress on March 11, 2018)
"Improve the socialist legal system" is amended to "improve the socialist rule of law"; To add "implementing the new concept of development" before "self-reliance and hard work"; "Promote the coordinated development of material civilization, political civilization and spiritual civilization, and build China into a prosperous, democratic and civilized socialist country" is amended to "promote the coordinated development of material civilization, political civilization, spiritual civilization, social civilization and ecological civilization, and build China into a powerful modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation". Our country will remain in the primary stage of socialism for a long time to come. The fundamental task of the state is to concentrate its efforts on socialist modernization along the road of socialism with Chinese characteristics. Under the leadership of the Communist Party of China and 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 Thought on Socialism with Chinese Characteristics for a New Era, the Chinese people of all ethnic groups will continue to uphold the people's democratic dictatorship, adhere to the socialist path, adhere to reform and opening up, and constantly improve all socialist systems. We should develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, implement the new vision for development, self-reliance and hard work to gradually modernize industry, agriculture, national defense, science and technology, and promote the coordinated development of material, political, spiritual, social and ecological progress. We will build China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful, and realize the great rejuvenation of the Chinese nation."
Article 33 In the tenth paragraph of the preamble of the Constitution, "in the long process of revolution and construction" is amended to "in the long process of revolution, construction and reform"; "A broad patriotic united front that includes all socialist working people, builders of the cause of socialism, patriots who support socialism and patriots who support the reunification of the motherland" is amended to "a broad patriotic united front that includes all socialist working people, builders of the cause of socialism, patriots who support the reunification of the motherland and patriots who are committed to the great rejuvenation of the Chinese nation. Patriotic united front ". This paragraph is accordingly amended to read: "The cause of socialist construction must rely on the workers, peasants and intellectuals and unite all the forces that can be united. In the long process of revolution, construction and reform, a broad patriotic united front has been formed under the leadership of the Communist Party of China and with the participation of all democratic parties and people's organizations, including all socialist workers, builders of the cause of socialism, patriots who support socialism, the reunification of the motherland and patriots committed to the great rejuvenation of the Chinese nation. This united front will continue to consolidate and develop. The Chinese People's Political Consultative Conference is a broadly representative united front organization that has played an important historical role in the past and will continue to play an important role in the political and social life of the country and in activities of friendship with other countries, as well as in the struggle to carry out socialist modernization and safeguard national unity and solidarity. The system of multi-party cooperation and political consultation under the leadership of the CPC will exist and develop for a long time."
Article 34 In paragraph 11 of the preamble of the Constitution, "Socialist ethnic relations of equality, unity and mutual assistance have been established and will continue to be strengthened." It is amended to read: "Socialist ethnic relations featuring equality, solidarity, mutual assistance and harmony have been established and will continue to be strengthened."
Article 35 In the twelfth preambular paragraph of the Constitution, "the achievements of China's revolution and construction are inseparable from the support of the people of the world" is amended to read "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 and 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" after "Adhere to the path of peaceful development and adhere to the win-win strategy of opening-up"; "To develop diplomatic relations and economic and cultural exchanges with all countries" is amended to "to develop diplomatic relations and economic and cultural exchanges with all countries and promote the building of a community with a shared future for mankind". This paragraph is amended accordingly to read: "The achievements of China's revolution, construction and reform are inseparable from the support of the people of the world. China's future is closely linked with the future of the world. China follows 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. China is committed to the path of peaceful development and the win-win strategy of opening up. It has developed diplomatic relations and economic and cultural exchanges with other countries, and worked to build a community with a shared future for mankind. We will continue to oppose imperialism, hegemonism and colonialism, strengthen solidarity with the people of all countries in the world, support the oppressed nations and developing countries in their just struggle for and safeguard national independence and develop their national economy, and work hard to safeguard world peace and promote the cause of human progress.
Article 36 Article 1, paragraph 2, of the Constitution "The socialist system is the fundamental system of the People's Republic of China." A new sentence was added to read: "The leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics."
Article 37, Article 3, paragraph 3, of the Constitution "All administrative, judicial and procuratorial organs of the State are created by the people's congresses, to which they are responsible and subject to their supervision." It is amended to read: "The administrative, supervisory, judicial and procuratorial organs of the state are all created by the people's congresses, to which they are responsible and subject to their supervision."
Article 38 In Article 4, paragraph 1, of the Constitution, "The State shall safeguard the lawful rights and interests of all ethnic minorities, and safeguard and develop equality, unity and mutual assistance among all ethnic groups." The state shall protect the lawful rights and interests of all ethnic minorities and safeguard and develop the relationship of equality, solidarity, mutual assistance and harmony among all ethnic groups.
Article 39 In the second paragraph of Article 24 of the Constitution, "The state advocates the public virtues of love of the motherland, love of the people, love of labor, love of science and love of socialism" is amended to "The state advocates the core values of socialism, and advocates the public virtues of love of the motherland, love of the people, love of labor, love of science and love of socialism". This paragraph is amended accordingly as follows: "The state advocates the core socialist values, the public virtues of love for the motherland, the people, Labour, science and socialism, conducts education among the people in patriotism, collectivism, internationalism and communism, dialectical materialism and historical materialism, and opposes capitalist, feudal and other decadent ideas."
Article 40 A new paragraph is added to Article 27 of the Constitution as paragraph 3: "When assuming office, state functionaries shall publicly take the oath of office to the Constitution in accordance with the provisions of the law."
Article 41 In Article 62 of the Constitution, "The National People's Congress exercises the following functions and powers", a new subparagraph is added as subparagraph 7, "(7) electing the Director of the National Supervisory Commission", and subparagraphs 7 to 15 are correspondingly changed to subparagraphs 8 to 16.
Article 42 In Article 63 of the Constitution, "The National People's Congress has the power to remove the following persons", a new subparagraph is added as subparagraph 4, "(4) Chairman of the National Supervisory Commission", and subparagraphs 4 and 5 are correspondingly changed to subparagraphs 5 and 6.
Article 43 (4) of Article 65 of the Constitution "No member of the Standing Committee of the National People's Congress shall hold any post in any administrative, judicial or procuratorial organ of the State." It is amended as: "No member of the Standing Committee of the National People's Congress shall hold office in any administrative, supervisory, judicial or procuratorial organ of the State."
Article 44 In Article 67 of the Constitution, "The Standing Committee of the National People's Congress exercises the following functions and powers," subparagraph 6, "(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 "(6) to 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 "; One item is added as item 11 "(11) At the request of the Director of the National Supervisory Commission, appoint or remove deputy directors and members of the National Supervisory Commission", and items 11 to 21 are correspondingly changed to items 12 to 22.
Article 70, paragraph 1, of the Constitution states that "the National People's Congress shall establish an Ethnic Affairs Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and other special committees as necessary." The National People's Congress shall establish an Ethnic Affairs Committee, a Constitution and Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special committees as may be necessary.
Article 45 Article 79 (3) of the Constitution "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." 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.
Article 46 In Article 89 of the Constitution, "The State Council exercises the following functions and powers", subparagraph 6 "(6) to direct and administer economic work and urban and rural construction" is amended to "(6) to direct and administer economic work and urban and rural construction and ecological civilization construction"; Item 8 "(8) Leading and managing civil affairs, public security, judicial administration and supervision" is amended to "(8) Leading and managing civil affairs, public security, judicial administration and other work".
Article 47 One paragraph is added to Article 100 of the Constitution as paragraph 2: "Where the people's congress of a city divided into districts and its standing committee do not contravene the Constitution, laws, administrative regulations or local regulations of the province or autonomous region, they may formulate local regulations in accordance with the provisions of the law, which shall come into force after being submitted to the Standing Committee of the people's congress of the province or autonomous region for approval."
Article 48 In Article 101, paragraph 2, of the Constitution, "Local people's congresses at or above the county level elect and have the power to recall the presidents of the people's courts and the chief procurators of the people's procuratorates at the same level." "Local people's congresses at or above the county level elect and have the power to remove the heads of supervisory commissions and people's courts at the same level and the chief procurators of people's procuratorates at the same level."
Article 49 "No member of the Standing Committee of a local people's congress at or above the county level may hold office in an administrative, judicial or procuratorial organ of the State." It is amended as follows: "No member of the Standing Committee of a local people's congress at or above the county level may hold office in an administrative, supervisory, judicial or procuratorial organ of the State."
Article 50 In Article 104 of the Constitution, "to supervise the work of the people's governments, people's courts and people's procuratorates at the corresponding levels" is amended to "to supervise the work of the people's governments, supervisory commissions, people's courts and people's procuratorates at the corresponding levels". The Standing committees of local people's congresses at or above the county level discuss and decide on major matters in all aspects of work within their respective administrative areas; To supervise the work of the people's governments, supervisory commissions, people's courts and people's procuratorates at the corresponding levels; Revoking inappropriate decisions and orders of the people's government at the corresponding level; Annulling inappropriate resolutions of the people's Congress at the next lower level; To decide on the appointment or removal of functionaries of state organs within the limits of their powers as prescribed by law; When the people's congress at the corresponding level is not in session, recall or by-elect individual deputies to the people's congress at the next higher level."
Article 51 Article 107 (1) of the Constitution "Local people's governments at or above the county level shall, in accordance with the limits of their powers as prescribed by law, exercise control over the economic, educational, scientific, cultural, public health, sports, urban and rural development, and the administrative work of finance, civil affairs, public security, ethnic affairs, judicial administration, supervision and family planning within their respective administrative areas, issue decisions and orders; Appointment, removal, training, assessment, reward and punishment of administrative staff." The local people's governments at or above the county level shall, within the limits of their powers as prescribed by law, administer the administrative work of the economy, education, science, culture, public health, sports, urban and rural development, finance, civil affairs, public security, ethnic affairs, judicial administration and family planning within their respective administrative areas; issue decisions and orders; appoint or remove, train, assess, reward or punish administrative personnel.
Article 52 In Chapter III of the Constitution, "State Institutions," a section is added as Section VII, "Supervisory Commissions." Five new articles are added as Articles 123 to 127 respectively. The contents are as follows:
Section 7 The Supervisory Commission
Article 123 Supervisory commissions at various levels of the People's Republic of China are state supervisory organs.
Article 124 The People's Republic of China establishes a National Supervisory Commission and a local supervisory commission at various levels.
The Supervisory Committee shall be composed of:
Director,
Several deputy directors,
The number of members.
The term of office of the chairman of the supervisory Commission is the same as that of the people's Congress at the corresponding level. The director of the National Supervisory Commission shall serve no more than two consecutive terms.
The organization, functions and powers of a supervisory commission shall be prescribed by law.
Article 125 The National Supervisory Commission of the People's Republic of China is the highest supervisory organ.
The National Supervisory Commission directs the work of the local supervisory commissions at all levels, and the supervisory commissions at higher levels direct the work of the supervisory commissions at lower levels.
Article 126 The National Supervisory Commission is responsible to the National People's Congress and its Standing Committee. Local supervisory commissions at various levels are responsible to the organs of state power that created them and to the supervisory commissions at the next higher level.
Article 127 A supervisory commission shall exercise its supervisory power independently in accordance with the law and shall not be subject to interference by any administrative organ, public organization or individual.
Supervisory organs shall cooperate with the judicial organs, procuratorial organs and law enforcement departments in handling cases of duty violations and duty crimes and check each other.
Section 7 shall be changed accordingly to Section 8, and Articles 123 to 138 shall be changed accordingly to Articles 128 to 143.
