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CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA


Adopted on December 4, 1982

 
PREAMBLE China is one of the countries with the longest histories in
the world. The people of all nationalities in China have jointly created
a splendid culture and have a glorious revolutionary tradition. Feudal
China was gradually reduced after 1840 to a semi-colonial and semi-
feudal country. The Chinese people waged wave upon wave of heroic
struggles for national independence and liberation and for democracy and
freedom. Great and earth-shaking historical changes have taken place in
China in the 20th century. The Revolution of 1911, led by Dr Sun
Yat-sen, abolished the feudal monarchy and gave birth to the Republic of
China. But the Chinese people had yet to fulfil their historical task of
overthrowing imperialism and feudalism. After waging hard, protracted
and tortuous struggles, armed and otherwise, the Chinese people of all
nationalities led by the Communist Party of China with Chairman Mao
Zedong as its leader ultimately, in 1949, overthrew the rule of
imperialism, feudalism and bureaucrat capitalism, won the great victory
of the new-democratic revolution and founded the People's Republic of
China. Thereupon the Chinese people took state power into their own
hands and became masters of the country. After the founding of the
People's Republic, the transition of Chinese society from a
new-democratic to a socialist society was effected step by step. The
socialist transformation of the private ownership of the means of
production was completed, the system of exploitation of man by man
eliminated and the socialist system established. The people's democratic
dictatorship led by the working class and based on the alliance of
workers and peasants, which is in essence the dictatorship of the
proletariat, has been consolidated and developed. The Chinese people and
the Chinese People's Liberation Army have thwarted aggression, sabotage
and armed provocations by imperialists and hegemonists,safeguarded
China's national independence and security and strengthened its national
defence. Major successes have been achieved in economic development. An
independent and fairly comprehensive socialist system of industry has in
the main been established. There has been a marked increase in
agricultural production. Significant progress has been made in
educational, scientific, cultural and other undertakings, and socialist
ideological education has yielded noteworthy results. The living
standards of the people have improved considerably. Both the victory of
China's new-democratic revolution and the successes of 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, and by upholding truth,
correcting errors and overcoming numerous difficulties and hardships.
The basic task of the nation in the years to come is to concentrate its
effort on socialist modernization. Under the leadership of the Communist
Party of China and the guidance of Marxism-Leninism and Mao Zedong
Thought, the Chinese people of all nationalities will continue to adhere
to the people's democratic dictatorship and follow the socialist road,
steadily improve socialist institutions, develop socialist democracy,
improve the socialist legal system and work hard and self-reliantly to
modernize industry, agriculture, national defence and science and
technology step by step to turn China into a socialist country with a
high level of culture and democracy. The exploiting classes as such have
been eliminated in our country. However, class struggle will continue to
exist within certain limits for a long time to come. The Chinese people
must fight against those forces and elements, both at home and abroad,
that are hostile to China's socialist system and try to undermine it.
Taiwan is part of the sacred territory of the People's Republic of
China. It is the lofty duty of the entire Chinese people, including our
compatriots in Taiwan, to accomplish the great task of reunifying the
motherland. In building socialism it is imperative to rely on the
workers, peasants and intellectuals and unite with all the forces that
can be united. In the long years of revolution and construction, there
has been formed under the leadership of the Communist Party of China a
broad patriotic united front that is composed of democratic parties and
people's organizations and embraces all socialist working people, all
patriots who support socialism and all patriots who stand for
reunification of the motherland. This united front will continue to be
consolidated and developed. The Chinese People's Political Consultative
Conference is a broadly representative organization of the united front,
which has played a significant historical role and will continue to do
so in the political and social life of the country, in promoting
friendship with the people of other countries and in the struggle for
socialist modernization and for the reunification and unity of the
country. The People's Republic of China is a unitary multi-national
state built up jointly by the people of all its nationalities. Socialist
relations of equality, unity and mutual assistance have been established
among them and will continue to be strengthened. In the struggle to
safeguard the unity of the nationalities, it is necessary to combat
big-nation chauvinism, mainly Han chauvinism, and also necessary to
combat local-national chauvinism. The state does its utmost to promote
the common prosperity of all nationalities in the country. China's
achievements in revolution and construction are inseparable from support
by the people of the world. The future of China is closely linked with
that of the whole world. China adheres to an independent foreign policy
as well as 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 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. This
Constitution affirms the achievements of the struggles of the Chinese
people of all nationalities and defines the basic system and basic tasks
of the state in legal form; it is the fundamental law of the state and
has supreme legal authority. The people of all nationalities, all state
organs, the armed forces, all political parties and public organizations
and all enterprises and undertakings in the country must take the
Constitution as the basic norm of conduct, and they have the duty to
uphold the dignity of the Constitution and ensure its implementation.

CHAPTER I. GENERAL PRINCIPLES

Article 1. The People's Republic of China is a socialist state under the
people's democratic dictatorship led by the working class and based on
the alliance of workers and peasants. The socialist system is the basic
system of the People's Republic of China. Sabotage of the socialist
system by any organization or individual is prohibited.

Article 2. All power in the People's Republic of China belongs to the
people. The organs through which the people exercise state power are the
National People's Congress and the local people's congresses at
different levels. The people administer state affairs and manage
economic, cultural and social affairs through various channels and in
various ways in accordance with the law.

Article 3. The state organs of the People's Republic of China apply the
principle of democratic centralism. The National People's Congress and
the local people's congresses at different levels are instituted through
democratic election. They are responsible to the people and subject to
their supervision. All administrative, judicial and procuratorial organs
of the state are created by the people's congresses to which they are
responsible and under whose supervision they operate. The division of
functions and powers between the central and local state organs is
guided by the principle of giving full play to the initiative and
enthusiasm of the local authorities under the unified leadership of the
central authorities.

Article 4. All nationalities in the People's Republic of China are
equal. The state protects the lawful rights and interests of the
minority nationalities and upholds and develops the relationship of
equality, unity and mutual assistance among all of China's
nationalities. Discrimination against and oppression of any nationality
are prohibited; any acts that undermine the unity of the nationalities
or instigate their secession are prohibited. The state helps the areas
inhabited by minority nationalities speed up their economic and cultural
development in accordance with the peculiarities and needs of the
different minority nationalities. Regional autonomy is practised in
areas where people of minority nationalities live in compact
communities; in these areas organs of self- government are established
for the exercise of the right of autonomy. All the national autonomous
areas are inalienable parts of the People's Republic of China. The
people of all nationalities have the freedom to use and develop their
own spoken and written languages, and to preserve or reform their own
ways and customs.

Article 5. The state upholds the uniformity and dignity of the socialist
legal system. No law or administrative or local rules and regulations
shall contravene the constitution. All state organs, the armed forces,
all political parties and public organizations and all enterprises and
undertakings must abide by the Constitution and the law. All acts in
violation of the Constitution and the law must be investigated. No
organization or individual may enjoy the privilege of being above the
Constitution and the law.

Article 6. The basis of the socialist economic system of the People's
Republic of China is socialist public ownership of the means of
production, namely, ownership by the whole people and collective
ownership by the working people. The system of socialist public
ownership supersedes the system of exploitation of man by man; it
applies the principle of 'from each according to his ability, to each
according to his work.'

Article 7. The state economy is the sector of socialist economy under
ownership by the whole people; it is the leading force in the national
economy. The state ensures the consolidation and growth of the state
economy.

Article 8. Rural people's communes, agricultural producers'
co-operatives, and other forms of co-operative economy such as
producers' supply and marketing, credit and consumers' co-operatives,
belong to the sector of socialist economy under collective ownership by
the working people. Working people who are members of rural economic
collectives have the right, within the limits prescribed by law, to farm
private plots of cropland and hilly land, engage in household sideline
production and raise privately owned livestock. The various forms of
co-operative economy in the cities and towns, such as those in the
handicraft, industrial, building, transport, commerical and service
trades, all belong to the sector of socialist economy under collective
ownership by the working people. The state protects the lawful rights
and interests of the urban and rural economic collectives and
encourages, guides and helps the growth of the collective economy.

Article 9. Mineral resources, waters, forests, mountains, grassland,
unreclaimed land, beaches and other natural resources are owned by the
state, that is, by the whole people, with the exception of the forests,
mountains, grassland, unreclaimed land and beaches that are owned by
collectives in accordance with the law. The state ensures the rational
use of natural resources and protects rare animals and plants. The
appropriation or damage of natural resources by any organization or
individual by whatever means is prohibited.

Article 10. Land in the cities is owned by the state. Land in the rural
and suburban areas is owned by collectives except for those portions
which belong to the state in accordance with the law; house sites and
private plots of cropland and hilly land are also owned by collectives.
The state may in the public interest take over land for its use in
accordance with the law. No organization or individual may appropriate,
buy, sell or lease land, or unlawfully transfer land in other ways. All
organizations and individuals who use land must make rational use of the
land.

Article 11. The individual economy of urban and rural working people,
operated within the limits prescribed by law, is a complement to the
socialist public economy. The state protects the lawful rights and
interests of the individual economy. The state guides, helps and
supervises the individual economy by exercising administrative control.

Article 12. Socialist public property is sacred and inviolable. The
state protects socialist public property. Appropriation or damage of
state or collective property by any organization or individual by
whatever means is prohibited.

Article 13. The state protects the right of citizens to own lawfully
earned income, savings, houses and other lawful property. The state
protects by law the right of citizens to inherit private property.

Article 14. The state continuously raises labour productivity, improves
economic results and develops the productive forces by enhancing the
enthusiasm of the working people, raising the level of their technical
skill, disseminating advanced science and technology, improving the
systems of economic administration and enterprise operation and
management, instituting the socialist system of responsibility in
various forms and improving organization of work. The state practises
strict economy and combats waste. The state properly apportions
accumulation and consumption, pays attention to the interests of the
collective and the individual as well as of the state and, on the basis
of expanded production, gradually improves the material and cultural
life of the people.

Article 15. The state practises economic planning on the basis of
socialist public ownership. It ensures the proportionate and
co-ordinated growth of the national economy through overall balancing by
economic planning and the supplementary role of regulation by the
market. Disturbance of the orderly functioning of the social economy or
disruption of the state economic plan by any organization or individual
is prohibited.

Article 16. State enterprises have decision-making power in operation
and management within the limits prescribed by law, on condition that
they submit to unified leadership by the state and fulfil all their
obligations under the state plan. State enterprises practise democratic
management through congresses of workers and staff and in other ways in
accordance with the law.

Article 17. Collective economic organizations have decision-making power
in conducting independent economic activities, on condition that they
accept the guidance of the state plan and abide by the relevant laws.
Collective economic organizations practise democratic management in
accordance with the law, with the entire body of their workers electing
or removing their managerial personnel and deciding on major issues
concerning operation and management.

Article 18. The People's Republic of China permits foreign enterprises,
other foreign economic organizations and individual foreigners to invest
in China and to enter into various forms of economic co-operation with
Chinese enterprises and other economic organizations in accordance with
the law of the People's Republic of China. All foreign enterprises and
other foreign economic organizations in China, as well as joint ventures
with Chinese and foreign investment located in China, shall abide by the
law of the People's Republic of China. Their lawful rights and interests
are protected by the law of the People's Republic of China.

Article 19. The state develops socialist educational undertakings and
works to raise the scientific and cultural level of the whole nation.
The state runs schools of various types, makes primary education
compulsory and universal, develops secondary, vocational and higher
education and promotes pre-school education. The state develops
educational facilities of various types in order to wipe out illiteracy
and provide political, cultural, scientific, technical and professional
education for workers, peasants, state functionaries and other working
people. It encourages people to become educated through self- study. The
state encourages the collective economic organizations, state
enterprises and undertakings and other social forces to set up
educational institutions of various types in accordance with the law.
The state promotes the nationwide use of Putonghua (common speech based
on Beijing pronunciation).

Article 20. The state promotes the development of the natural and social
sciences, disseminates scientific and technical knowledge, and commends
and rewards achievements in scientific research as well as technological
discoveries and inventions.

Article 21. The state develops medical and health services, promotes
modern medicine and traditional Chinese medicine, encourages and
supports the setting up of various medical and health facilities by the
rural economic collectives, state enterprises and undertakings and
neighbourhood organizations, and promotes sanitation activities of a
mass character, all to protect the people's health. The state develops
physical culture and promotes mass sports activities to build up the
people's physique.

Article 22. The state promotes the development of literature and art,
the press, broadcasting and television undertakings, publishing and
distribution services, libraries, museums, cultural centres and other
cultural undertakings, that serve the people and socialism, and sponsors
mass cultural activities. The state protects places of scenic and
historical interest,valuable cultural monuments and relics and other
important items of China's historical and cultural heritage.

Article 23. The state trains specialized personnel in all fields who
serve socialism, increases the number of intellectuals and creates
conditions to give full scope to their role in socialist modernization.

Article 24. The state strengthens the building of socialist spiritual
civilization through spreading education in high ideals and morality,
general education and education in discipline and the legal system, and
through promoting the formulation and observance of rules of conduct and
common pledges by different sections of the people in urban and rural
areas. The state advocates the civic virtues of love for the motherland,
for the people, for labour, for science and for socialism; it educates
the people in patriotism, collectivism, internationalism and communism
and in dialectical and historical materialism; it combats the decadent
ideas of capitalism and feudalism and other decadent ideas.

Article 25. The state promotes family planning so that population growth
may fit the plans for economic and social development.

Article 26. The state protects and improves the living environment and
the ecological environment, and prevents and controls pollution and
other public hazards. The state organizes and encourages afforestation
and the protection of forests.

Article 27. All state organs carry out the principle of simple and
efficient administration, the system of responsibility for work and the
system of training functionaries and appraising their work in order
constantly to improve quality of work and efficiency and combat
bureaucratism. All state organs and functionaries must rely on the
support of the people, keep in close touch with them, heed their
opinions and suggestions, accept their supervision and work hard to
serve them.

Article 28. The state maintains public order and suppresses treasonable
and other counter-revolutionary activities; it penalizes actions that
endanger public security and disrupt the socialist economy and other
criminal activities, and punishes and reforms criminals.

Article 29. The armed forces of the People's Republic of China belong to
the people. Their tasks are to strengthen national defence, resist
aggression, defend the motherland, safeguard the people's peaceful
labour, participate in national reconstruction, and work hard to serve
the people. The state strengthens the revolutionization, modernization
and regularization of the armed forces in order to increase the national
defence capability.

Article 30. The administrative division of the People's Republic of
China is as follows: (1) The country is divided into provinces,
autonomous regions and municipalities directly under the Central
Government; (2) Provinces and autonomous regions are divided into
autonomous prefectures, counties, autonomous counties and cities; (3)
Counties and autonomous counties are divided into townships, nationality
townships and towns. Municipalities directly under the Central
Government and other large cities are divided into districts and
counties. Autonomous prefectures are divided into counties, autonomous
counties, and cities. All autonomous regions, autonomous prefectures and
autonomous counties are national autonomous areas.

Article 31. The state may establish special administrative regions when
necessary. The systems to be instituted in special administrative
regions shall be prescribed by law enacted by the National People's
Congress in the light of the specific conditions.

Article 32. The People's Republic of China protects the lawful rights
and interests of foreigners within Chinese territory, and while on
Chinese territory foreigners must abide by the law of the People's
Republic of China. The People's Republic of China may grant asylum to
foreigners who request it for political reasons.

CHAPTER II. THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

Article 33. All persons holding the nationality of the People's Republic
of China are citizens of the People's Republic of China. All citizens of
the People's Republic of China are equal before the law. Every citizen
enjoys the rights and at the same time must perform the duties
prescribed by the Constitution and the law.

Article 34. All citizens of the People's Republic of China who have
reached the age of 18 have the right to vote and stand for election,
regardless of nationality, race, sex, occupation, family background,
religious belief, education, property status, or length of residence,
except persons deprived of political rights according to law.

Article 35. Citizens of the People's Republic of China enjoy freedom of
speech, of the press, of assembly, of association, of procession and of
demonstration.

Article 36. Citizens of the People's Republic of China enjoy freedom of
religious belief. No state organ, public organization or individual may
compel citizens to believe in, or not to believe in, any religion; nor
may they discriminate against citizens who believe in, or do not believe
in, any religion. The state protects normal religious activities. No one
may make use of religion to engage in activities that disrupt public
order, impair the health of citizens or interfere with the educational
system of the state. Religious bodies and religious affairs are not
subject to any foreign domination.

Article 37. The freedom of person of citizens of the People's Republic
of China is inviolable. No citizen may be arrested except with the
approval or by decision of a people's procuratorate or by decision of a
people's court, and arrests must be made by a public security organ.
Unlawful deprivation or restriction of citizens' freedom of person by
detention or other means is prohibited; and unlawful search of the
person of citizens is prohibited.

Article 38. The personal dignity of citizens of the People's Republic of
China is inviolable. Insult, libel, false charge or frame-up directed
against citizens by any means is prohibited.

Article 39. The home of citizens of the People's Republic of China is
inviolable. Unlawful search of, or intrusion into, a citizen's home is
prohibited.

Article 40. The freedom and privacy of correspondence of citizens of the
People's Republic of China are protected by law. No organization or
individual may, on any ground, infringe upon the freedom and privacy of
citizens' correspondence except in cases where, to meet the needs of
state security or of investigation into criminal offences, public
security or procuratorial organs are permitted to censor correspondence
in accordance with procedures prescribed by law.

Article 41. Citizens of the People's Republic of China have the right to
criticize and make suggestions to any state organ or functionary.
Citizens have the right to make to relevant state organs complaints and
charges against, or exposures of, violation of the law or dereliction of
duty by any state organ or functionary; but fabrication or distortion of
facts with the intention of libel or frame-up is prohibited. In case of
complaints, charges or exposures made by citizens, the state organ
concerned must deal with them in a responsible manner after ascertaining
the facts. No one may suppress such complaints, charges and exposures,
or retaliate against the citizens making them. Citizens who have
suffered losses through infringement of their civil rights by any state
organ or functionary have the right to compensation in accordance with
the law.

Article 42. Citizens of the People's Republic of China have the right as
well as the duty to work. Using various channels, the state creates
conditions for employment, strengthens labour protection, improves
working conditions and, on the basis of expanded production, increases
remuneration for work and social benefits. Work is the glorious duty of
every able-bodied citizen. All working people in state enterprises and
in urban and rural economic collectives should perform their tasks with
an attitude consonant with their status as masters of the country. The
state promotes socialist labour emulation, and commends and rewards
model and advanced workers. The state encourages citizens to take part
in voluntary labour. The state provides necessary vocational training to
citizens before they are employed.

Article 43. Working people in the People's Republic of China have the
right to rest. The state expands facilities for rest and recuperation of
working people, and prescribes working hours and vacations for workers
and staff.

Article 44. The state prescribes by law the system of retirement for
workers and staff in enterprises and undertakings and for functionaries
of organs of state. The livelihood of retired personnel is ensured by
the state and society.

Article 45. Citizens of the People's Republic of China have the right to
material assistance from the state and society when they are old, ill or
disabled. The state develops the social insurance, social relief and
medical and health services that are required to enable citizens to
enjoy this right. The state and society ensure the livelihood of
disabled members of the armed forces, provide pensions to the families
of martyrs and give preferential treatment to the families of military
personnel. The state and society help make arrangements for the work,
livelihood and education of the blind, deaf-mute and other handicapped
citizens. Article 46. Citizens of the People's Republic of China have
the duty as well as the right to receive education. The state promotes
the all-round moral, intellectual and physical development of children
and young people.

Article 47. Citizens of the People's Republic of China have the freedom
to engage in scientific research, literary and artistic creation and
other cultural pursuits. The state encourages and assists creative
endeavours conducive to the interests of the people made by citizens
engaged in education, science, technology, literature, art and other
cultural work.

Article 48. Women in the People's Republic of China enjoy equal rights
with men in all spheres of life, political, economic, cultural and
social, and family life. The state protects the rights and interests of
women, applies the principle of equal pay for equal work for men and
women alike and trains and selects cadres from among women.

Article 49. Marriage, the family, and mother and child are protected by
the state. Both husband and wife have the duty to practise family
planning. Parents have the duty to rear and educate their minor
children, and children who have come of age have the duty to support and
assist their parents. Violation of the freedom of marriage is
prohibited. Maltreatment of old people, women and children is
prohibited.

Article 50. The People's Republic of China protects the legitimate
rights and interests of Chinese nationals residing abroad and protects
the lawful rights and interests of returned overseas Chinese and of the
family members of Chinese nationals residing abroad.

Article 51. The exercise by citizens of the People's Republic of China
of their freedoms and rights may not infringe upon the interests of the
state, of society and of the collective, or upon the lawful freedoms and
rights of other citizens.

Article 52. It is the duty of citizens of the People's Republic of China
to safeguard the unity of the country and the unity of all its
nationalities.

Article 53. Citizens of the People's Republic of China must abide by the
constitution and the law, keep state secrets, protect public property
and observe labour discipline and public order and respect social
ethics.

Article 54. It is the duty of citizens of the People's Republic of China
to safeguard the security, honour and interests of the motherland; they
must not commit acts detrimental to the security, honour and interests
of the motherland.

Article 55. It is the sacred obligation of every citizen of the People's
Republic of China to defend the motherland and resist aggression. It is
the honourable duty of citizens of the People's Republic of China to
perform military service and join the militia in accordance with the
law.

Article 56. It is the duty of citizens of the People's Republic of China
to pay taxes in accordance with the law.

CHAPTER III. THE STRUCTURE OF THE STATE

SECTION 1. THE NATIONAL PEOPLE'S CONGRESS

Article 57. The National People's Congress of the People's Republic of
China is the highest organ of state power. Its permanent body is the
Standing Committee of the National People's Congress.

Article 58. The National People's Congress and its Standing Committee
exercise the legislative power of the state.

Article 59. The National People's Congress is composed of deputies
elected by the provinces, autonomous regions and municipalities directly
under the Central Government, and by the armed forces. All the minority
nationalities are entitled to appropriate representation. Election of
deputies to the National People's Congress is conducted by the Standing
Committee of the National People's Congress. The number of deputies to
the National People's Congress and the manner of their election are
prescribed by law.

Article 60. The National People's Congress is elected for a term of five
years. Two months before the expiration of the term of office of a
National People's Congress, its Standing Committee must ensure that the
election of deputies to the succeeding National People's Congress is
completed. Should exceptional circumstances prevent such an election, it
may be postponed by decision of a majority vote of more than two-thirds
of all those on the Standing Committee of the incumbent National
People's Congress, and the term of office of the incumbent National
People's Congress may be extended. The election of deputies to the
succeeding National People's Congress must be completed within one year
after the termination of such exceptional circumstances.

Article 61. The National People's Congress meets in session once a year
and is convened by its Standing Committee. A session of the National
People's Congress may be convened at any time the Standing Committee
deems this necessary, or when more than one-fifth of the deputies to the
National People's Congress so propose. When the National People's
Congress meets, it elects a presidium to conduct its session.

Article 62. The National People's Congress exercises the following
functions and powers: (1) To amend the Constitution; (2) To supervise
the enforcement of the Constitution; (3) To enact and amend basic
statutes concerning criminal offences, civil affairs, the state organs
and other matters; (4) To elect the President and the Vice-President of
the People's Republic of China; (previously translated as Chairman and
Vice-Chairman of the People's Republic of China--translator's note.) (5)
To decide on the choice of the Premier of the State Council upon
nomination by the President of the People's Republic of China, and to
decide on the choice of the Vice-Premiers, State Councillors, Ministers
in charge of Ministries or Commissions and the Auditor-General and the
Secretary-General of the State Council upon nomination by the Premier;
(6) To elect the Chairman of the Central Military Commission and, upon
his nomination, to decide on the choice of the other members of the
Central Military Commission; (7) To elect the President of the Supreme
People's Court; (8) To elect the Procurator-General of the Supreme
People's Procuratorate; (9) To examine and approve the plan for national
economic and social development and the reports on its implementation;
(10) To examine and approve the state budget and the report on its
implementation; (11) To alter or annul inappropriate decisions of the
Standing Committee of the National People's Congress; (12) To approve
the establishment of provinces, autonomous regions, and municipalities
directly under the Central Government; (13) To decide on the
establishment of special administrative regions and the systems to be
instituted there; (14) To decide on questions of war and peace; and (15)
To exercise such other functions and powers as the highest organ of
state power should exercise.

Article 63. The National People's Congress has the power to recall or
remove from office the following persons: (1) The President and the
Vice-President of the People's Republic of China; (2) The Premier,
Vice-Premiers, State Councillors, Ministers in charge of Ministries or
Commissions and the Auditor-General and the Secretary-General of the
State Council; (3) The Chairman of the Central Military Commission and
others on the commission; (4) The President of the Supreme People's
Court; and (5) The Procurator-General of the Supreme People's
Procuratorate.

Article 64. Amendments to the Constitution are to be proposed by the
Standing Committee of the National People's Congress or by more than
one-fifth of the deputies to the National People's Congress and adopted
by a majority vote of more than two-thirds of all the deputies to the
Congress. Statutes and resolutions are adopted by a majority vote of
more than one half of all the deputies to the National People's
Congress. Article 65. The Standing Committee of the National People's
Congress is composed of the following: The Chairman; The Vice-Chairmen;
The Secretary-General; and Members. Minority nationalities are entitled
to appropriate representation on the Standing Committee of the National
People's Congress. The National People's Congress elects, and has the
power to recall, all those on its Standing Committee. No one on the
Standing Committee of the National People's Congress shall hold any post
in any of the administrative, judicial or procuratorial organs of the
state.

Article 66. The Standing Committee of the National People's Congress is
elected for the same term as the National People's Congress; it
exercises its functions and powers until a new Standing Committee is
elected by the succeeding National People's Congress. The Chairman and
Vice-Chairmen of the Standing Committee shall serve no more than two
consecutive terms.

Article 67. The Standing Committee of the National People's Congress
exercises the following functions and powers: (1) To interpret the
Constitution and supervise its enforcement; (2) To enact and amend
statutes with the exception of those which should be enacted by the
National People's Congress; (3) To enact,when the National People's
Congress is not in session, partial supplements and amendments to
statutes enacted by the National People's Congress provided that they do
not contravene the basic principles of these statutes; (4) To interpret
statutes; (5) To examine and approve, when the National People's
Congress is not in session, partial adjustments to the plan for national
economic and social development and to the state budget that prove
necessary in the course of their implementation; (6) To supervise the
work of the State Council,the Central Military Commission, the Supreme
People's Court and the Supreme People's Procuratorate; (7) To annual
those administrative rules and regulations, decisions or orders of the
State Council that contravene the Constitution or the statutes; (8) To
annul those local regulations or decisions of the organs of state power
of provinces, autonomous regions and municipalities directly under the
Central Government that contravene the Constitution, the statutes or the
administrative rules and regulations; (9) To decide, when the National
People's Congress is not in session, on the choice of Ministers in
charge of Ministries or Commissions or the Auditor-General and the
Secretary-General of the State Council upon nomination by the Premier of
the State Council; (10) To decide, upon nomination by the Chairman of
the Central Military Commission, on the choice of others on the
commission, when the National People's Congress is not in session; (11)
To appoint and remove the Vice-Presidents and judges of the Supreme
People's Court, members of its Judicial Committee and the President of
the Military Court at the suggestion of the President of the Supreme
People's Court; (12) To appoint and remove the Deputy
Procurators-General and procurators of the Supreme People's
Procuratorate, members of its Procuratorial Committee and the Chief
Procurator of the Military Procuratorate at the request of the
Procurator-General of the Supreme People's Procuratorate, and to approve
the appointment and removal of the chief procurators of the people's
procuratorates of provinces, autonomous regions and municipalities
directly under the Central Government; (13) To decide on the appointment
and recall of plenipotentiary representatives abroad; (14) To decide on
the ratification and abrogation of treaties and important agreements
concluded with foreign states; (15) To institute systems of titles and
ranks for military and diplomatic personnel and of other specific titles
and ranks; (16) To institute state medals and titles of honour and
decide on their conferment; (17) To decide on the granting of special
pardons; (18) To decide, when the National People's Congress is not in
session, on the proclamation of a state of war in the event of an armed
attack on the country or in fulfillment of international treaty
obligations concerning common defence against aggression; (19) To decide
on general mobilization or partial mobilization; (20) To decide on the
enforcement of martial law throughout the country or in particular
provinces, autonomous regions or municipalities directly under the
Central Government; and (21) To exercise such other functions and powers
as the National People's Congress may assign to it.

Article 68. The Chairman of the Standing Committee of the National
People's Congress presides over the work of the Standing Committee and
convenes its meetings. The Vice-Chairmen and the Secretary-General
assist the Chairman in his work. Chairmanship meetings with the
participation of the chairman, vice- chairmen and secretary-general
handle the important day-to-day work of the Standing Committee of the
National People's Congress.

Article 69. The Standing Committee of the National People's Congress is
responsible to the National People's Congress and reports on its work to
the Congress.

Article 70. The National People's Congress establishes a Nationalities
Committee, a Law Committee, a Finance and Economic Committee, an
Education, Science, Culture and Public Health Committee, a Foreign
Affairs Committee, an Overseas Chinese Committee and such other special
committees as are necessary. These special committees work under the
direction of the Standing Committee of the National People's Congress
when the Congress is not in session. The special committees examine,
discuss and draw up relevant bills and draft resolutions under the
direction of the National People's Congress and its Standing Committee.

Article 71. The National People's Congress and its Standing Committee
may, when they deem it necessary, appoint committees of inquiry into
specific questions and adopt relevant resolutions in the light of their
reports. All organs of state, public organizations and citizens
concerned are obliged to supply the necessary information to those
committees of inquiry when they conduct investigations.

Article 72. Deputies to the National People's Congress and all those on
its Standing Committee have the right, in accordance with procedures
prescribed by law, to submit bills and proposals within the scope of the
respective functions and powers of the National People's Congress and
its Standing Committee.

Article 73. Deputies to the National People's Congress during its
sessions, and all those on its Standing Committee during its meetings,
have the right to address questions, in accordance with procedures
prescribed by law, to the State Council or the ministries and
commissions under the State Council, which must answer the questions in
a responsible manner.

Article 74. No deputy to the National People's Congress may be arrested
or placed on criminal trial without the consent of the Presidium of the
current session of the National People's Congress or, when the National
People's Congress is not in session, without the consent of its Standing
Committee.

Article 75. Deputies to the National People's Congress may not be called
to legal account for their speeches or votes at its meetings.

Article 76. Deputies to the National People's Congress must play an
exemplary role in abiding by the Constitution and the law and keeping
state secrets and, in production and other work and their public
activities, assist in the enforcement of the Constitution and the law.
Deputies to the National People's Congress should maintain close contact
with the units and people which elected them, listen to and convey their
opinions and demands and work hard to serve them.

Article 77. Deputies to the National People's Congress are subject to
the supervision of the units which elected them. The electoral units
have the power, through procedures prescribed by law, to recall the
deputies whom they elected.

Article 78. The organization and working procedures of the National
People's Congress and its Standing Committee are prescribed by law.

SECTION 2. THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA The President
and Vice-President of the People's Republic of China are elected by the
National People's Congress. Citizens of the People's Republic of China
who have the right to vote and to stand for election and who have
reached the age of 45 are eligible for election as President or
Vice-President of the People's Republic of China. 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.

Article 80. The President of the People's Republic of China, in
pursuance of decisions of the National People's Congress and its
Standing Committee, promulgates statutes; appoints and removes the
Premier, Vice-Premiers, State Councillors, Ministers in charge of
Ministries or Commissions, and the Auditor- General and the
Secretary-General of the State Council; confers state medals and titles
of honour; issues orders of special pardons; proclaims martial law;
proclaims a state of war; and issues mobilization orders.

Article 81. The President of the People's Republic of China receives
foreign diplomatic representatives on behalf of the People's Republic of
China and, in pursuance of decisions of the Standing Committee of the
National People's Congress, appoints and recalls plenipotentiary
representatives abroad, and ratifies and abrogates treaties and
important agreements concluded with foreign states.

Article 82. The Vice-President of the People's Republic of China assists
the President in his work. The Vice-President of the People's Republic
of China may exercise such parts of the functions and powers of the
President as the President may entrust to him.

Article 83. The President and Vice-President of the People's Republic of
China exercise their functions and powers until the new President and
Vice- President elected by the succeeding National People's Congress
assume office.

Article 84. In case the office of the President of the People's Republic
of China falls vacant, the Vice-President succeeds to the office of
President. In case the office of the Vice-President of the People's
Republic of China falls vacant, the National People's Congress shall
elect a new Vice-President to fill the vacancy. In the event that the
offices of both the President and the Vice-President of the People's
Republic of China fall vacant, the National People's Congress shall
elect a new President and a new Vice-President. Prior to such election,
the Chairman of the Standing Committee of the National People's Congress
shall temporarily act as the President of the People's Republic of
China.

SECTION 3. THE STATE COUNCIL

Article 85. The State Council, that is, the Central People's Government
of the People's Republic of China, is the executive body of the highest
organ of state power; it is the highest organ of state administration.

Article 86. The State Council is composed of the following: The Premier;
The Vice-Premiers; The State Councillors; The Ministers in charge of
Ministries; The Ministers in charge of Commissions; The Auditor-General;
and The Secretary-General. The Premier has overall responsibility for
the State Council. The Ministers have overall responsibility for the
respective ministries or commissions under their charge. The
organization of the State Council is prescribed by law.

Article 87. The term of office of the State Council is the same as that
of the National People's Congress. The Premier, Vice-Premiers and State
Councillors shall serve no more than two consecutive terms.

Article 88. The Premier directs the work of the State Council. The Vice-
Premiers and State Councillors assist the Premier in his work. Executive
meetings of the State Council are composed of the Premier, the
Vice-Premiers, the State Councillors and the Secretary-General of the
State Council. The Premier convenes and presides over the executive
meetings and plenary meetings of the State Council.

Article 89. The State Council exercises the following functions and
powers: (1) To adopt administrative measures,enact administrative rules
and regulations and issue decisions and orders in accordance with the
Constitution and the statutes; (2) To submit proposals to the National
People's Congress or its Standing Committee; (3) To lay down the tasks
and responsibilities of the ministries and commissions of the State
Council, to exercise unified leadership over the work of the ministries
and commissions and to direct all other administrative work of a
national character that does not fall within the jurisdiction of the
ministries and commissions; (4) To exercise unified leadership over the
work of local organs of state administration at different levels
throughout the country, and to lay down the detailed division of
functions and powers between the Central Government and the organs of
state administration of provinces, autonomous regions and municipalities
directly under the Central Government; (5) To draw up and implement the
plan for national economic and social development and the state budget;
(6) To direct and administer economic work and urban and rural
development; (7) To direct and administer the work concerning education,
science, culture, public health, physical culture and family planning;
(8) To direct and administer the work concerning civil affairs, public
security, judicial administration, supervision and other related
matters; (9) To conduct foreign affairs and conclude treaties and
agreements with foreign states; (10) To direct and administer the
building of national defence; (11) To direct and administer affairs
concerning the nationalities and to safeguard the equal rights of
minority nationalities and the right of autonomy of the national
autonomous areas; (12) To protect the legitimate rights and interests of
Chinese nationals residing abroad and protect the lawful rights and
interests of returned overseas Chinese and of the family members of
Chinese nationals residing abroad; (13) To alter or annul inappropriate
orders, directives and regulations issued by the ministries or
commissions; (14) To alter or annul inappropriate decisions and orders
issued by local organs of state administration at different levels; (15)
To approve the geographic division of provinces, autonomous regions and
municipalities directly under the Central Government, and to approve the
establishment and geographic division of autonomous prefectures,
counties, autonomous counties and cities; (16) To decide on the
enforcement of martial law in parts of provinces, autonomous regions and
municipalities directly under the Central Government; (17) To examine
and decide on the size of administrative organs and, in accordance with
the law, to appoint, remove and train administrative officers, appraise
their work and reward or punish them; and (18) To exercise such other
functions and powers as the National People's Congress or its Standing
Committee may assign it.

Article 90. The ministers in charge of ministries or commissions of the
State Council are responsible for the work of their respective
departments and convene and preside over their ministerial meetings or
commission meetings that discuss and decide on major issues in the work
of their respective departments. The ministries and commissions issue
orders, directives and regulations within the jurisdiction of their
respective departments and in accordance with the statutes and the
administrative rules and regulations, decisions and orders issued by the
State Council.

Article 91. The State Council establishes an auditing body to supervise
through auditing the revenue and expenditure of all departments under
the State Council and of the local governments at different levels, and
those of the state financial and monetary organizations and of
enterprises and undertakings. Under the direction of the Premier of the
State Council,the auditing body independently exercises its power to
supervise through auditing in accordance with the law, subject to no
interference by any other administrative organ or any public
organization or individual.

Article 92. The State Council is responsible, and reports on its work,
to the National People's Congress or, when the National People's
Congress is not in session, to its Standing Committee.

SECTION 4. THE CENTRAL MILITARY COMMISSION

Article 93. The Central Military Commission of the People's Republic of
China directs the armed forces of the country. The Central Military
Commission is composed of the following: The Chairman; The
Vice-Chairmen; and Members. The Chairman of the Central Military
Commission has overall responsibility for the commission. The term of
office of the Central Military Commission is the same as that of the
National People's Congress.

Article 94. The Chairman of the Central Military Commission is
responsible to the National People's Congress and its Standing
Committee.

SECTION 5. THE LOCAL PEOPLE'S CONGRESS AND THE LOCAL PEOPLE'S
GOVERNMENTS AT DIFFERENT LEVELS

Article 95. People's congresses and people's governments are established
in provinces, municipalities directly under the Central Government,
counties, cities, municipal districts, townships, nationality townships
and towns. The organization of local people's congresses and local
people's governments at different levels is prescribed by law. Organs of
self-government are established in autonomous regions, autonomous
prefectures and autonomous counties. The organization and working
procedures of organs of self-government are prescribed by law in
accordance with the basic principles laid down in Sections V and VI of
Chapter Three of the Constitution.

Article 96. Local people's congresses at different levels are local
organs of state power. Local people's congresses at and above the county
level establish standing committees.

Article 97. Deputies to the people's congresses of provinces,
municipalities directly under the Central Government, and cities divided
into districts are elected by the people's congresses at the next lower
level; deputies to the people's congresses of counties, cities not
divided into districts, municipal districts, townships, nationality
townships and towns are elected directly by their constituencies. The
number of deputies to local people's congresses at different levels and
the manner of their election are prescribed by law.

Article 98. The term of office of the people's congresses of provinces,
municipalities directly under the Central Government and cities divided
into districts is five years. The term of office of the people's
congresses of counties, cities not divided into districts, municipal
districts, townships, nationality townships and towns is three years.

Article 99. Local people's congresses at different levels ensure the
observance and implementation of the Constitution, the statutes and the
administrative rules and regulations in their respective administrative
areas. Within the limits of their authority as prescribed by law, they
adopt and issue resolutions and examine and decide on plans for local
economic and cultural development and for development of public
services. Local people's congresses at and above the county level
examine and approve the plans for economic and social development and
the budgets of their respective administrative areas, and examine and
approve reports on their implementation. They have the power to alter or
annul inappropriate decisions of their own standing committees. The
people's congresses of nationality townships may, within the limits of
their authority as prescribed by law, take specific measures suited to
the peculiarities of the nationalities concerned.

Article 100. The people's congresses of provinces and municipalities
directly under the Central Government, and their standing committees,
may adopt local regulations, which must not contravene the Constitution,
the statutes and the administrative rules and regulations, and they
shall report such local regulations to the Standing Committee of the
National People's Congress for the record.

Article 101. At their respective levels, local people's congresses
elect, and have the power to recall, governors and deputy governors, or
mayors and deputy mayors, or heads and deputy heads of counties,
districts, townships and towns. Local people's congresses at and 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. The election or recall of chief procurators of
people's procuratorates shall be reported to the chief procurators of
the people's procuratorates at the next higher level for submission to
the standing committees of the people's congresses at the corresponding
level for approval.

Article 102. Deputies to the people's congresses of provinces,
municipalities, directly under the Central Government and cities divided
into districts are subject to supervision by the units which elected
them; deputies to the people's congresses of counties, cities not
divided into districts, municipal districts, townships, nationality
townships and towns are subject to supervision by their constituencies.
The electoral units and constituencies which elect deputies to local
people's congresses at different levels have the power, according to
procedures prescribed by law, to recall deputies whom they elected.

Article 103. The standing committee of a local people's congress at and
above the county level is composed of a chairman, vice-chairmen and
members, and is responsible, and reports on its work, to the people's
congress at the corresponding level. The local people's congress at and
above the county level elects, and has the power to recall, anyone on
the standing committee of the people's congress at the corresponding
level. No one on the standing committee of a local people's congress at
and above the county level shall hold any post in state administrative,
judicial and procuratorial organs.

Article 104. The standing committee of a local people's congress at and
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, 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 and removal of functionaries of state organs within its
jurisdiction 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.

Article 105. Local people's governments at different levels are the
executive bodies of local organs of state power as well as the local
organs of state administration at the corresponding level. Local
people's governments at different levels practise the system of overall
responsibility by governors, mayors, county heads, district heads,
township heads and town heads.

Article 106. The term of office of local people's governments at
different levels is the same as that of the people's congresses at the
corresponding level.

Article 107. Local people's governments at and above the county level,
within the limits of their authority as prescribed by law, conduct the
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, remove and
train administrative functionaries, appraise their work and reward or
punish them. People's governments of townships, nationality townships
and towns carry out 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. People's
governments of provinces and municipalities directly under the Central
Government decide on the establishment and geographic division of
townships, nationality townships and towns.

Article 108. Local people's governments at and above the county level
direct the work of their subordinate departments and of people's
governments at lower levels, and have the power to alter or annul
inappropriate decisions of their subordinate departments and people's
governments at lower levels.

Article 109. Auditing bodies are established by local people's
governments at and above the county level. Local auditing bodies at
different levels independently exercise their power to supervise through
auditing in accordance with the law and are responsible to the people's
government at the corresponding level and to the auditing body at the
next higher level.

Article 110. Local people's governments at different levels are
responsible, and report on their work, to people's congresses at the
corresponding level. Local people's governments at and above the county
level are responsible, and report on their work, to the standing
committee of the people's congress at the corresponding level when the
congress is not in session. Local people's governments at different
levels are responsible, and report on their work, to the state
administrative organs at the next higher level. Local people's
governments at different levels throughout the country are state
administrative organs under the unified leadership of the State Council
and are subordinate to it.

Article 111. The residents' committees and villagers' committees
established among urban and rural residents on the basis of their place
of residence are mass organizations of self-management at the
grass-roots level. The chairman, vice-chairmen and members of each
residents' or villagers' committee are elected by the residents. The
relationship between the residents' and villagers' committees and the
grass-roots organs of state power is prescribed by law. The residents'
and villagers' committees establish committees for people's mediation,
public security, public health and other matters in order to manage
public affairs and social services in their areas, mediate civil
disputes, help maintain public order and convey residents' opinions and
demands and make suggestions to the people's government.

SECTION 6. THE ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS AREAS

Article 112. The organs of self-government of national autonomous areas
are the people's congresses and people's governments of autonomous
regions, autonomous prefectures and autonomous counties.

Article 113. In the people's congress of an autonomous region,
prefecture or county, in addition to the deputies of the nationality or
nationalities exercising regional autonomy in the administrative area,
the other nationalities inhabiting the area are also entitled to
appropriate representation. The chairmanship and vice-chairmenships of
the standing committee of the people's congress of an autonomous region,
prefecture or county shall include a citizen or citizens of the
nationality or nationalities exercising regional autonomy in the area
concerned.

Article 114. The administrative head of an autonomous region, prefecture
or county shall be a citizen of the nationality, or of one of the
nationalities, exercising regional autonomy in the area concerned.

Article 115. The organs of self-government of autonomous regions,
prefectures and counties exercise the functions and powers of local
organs of state as specified in Section V of Chapter Three of the
Constitution. At the same time, they exercise the right of autonomy
within the limits of their authority as prescribed by the Constitution,
the law of regional national autonomy and other laws, and implement the
laws and policies of the state in the light of the existing local
situation.

Article 116. People's congresses of national autonomous areas have the
power to enact autonomy regulations and specific regulations in the
light of the political, economic and cultural characteristics of the
nationality or nationalities in the areas concerned. The autonomy
regulations and specific regulations of autonomous regions shall be
submitted to the Standing Committee of the National People's Congress
for approval before they go into effect. Those of autonomous prefectures
and counties shall be submitted to the standing committees of the
people's congresses of provinces or autonomous regions for approval
before they go into effect, and they shall be reported to the Standing
Committee of the National People's Congress for the record.

Article 117. The organs of self-government of the national autonomous
areas have the power of autonomy in administering the finances of their
areas. All revenues accruing to the national autonomous areas under the
financial system of the state shall be managed and used independently by
the organs of self-government of those areas.

Article 118. The organs of self-government of the national autonomous
areas independently arrange for and administer local economic
development under the guidance of state plans. In developing natural
resources and building enterprises in the national autonomous areas, the
state shall give due consideration to the interests of those areas.

Article 119. The organs of self-government of the national autonomous
areas independently administer educational, scientific, cultural, public
health and physical culture affairs in their respective areas, sort out
and protect the cultural legacy of the nationalities and work for the
development and prosperity of their cultures.

Article 120. The organs of self-government of the national autonomous
areas may, in accordance with the military system of the state and
concrete local needs and with the approval of the State Council,
organize local public security forces for the maintenance of public
order.

Article 121. In performing their functions, the organs of
self-government of the national autonomous areas, in accordance with the
autonomy regulations of the respective areas, employ the spoken and
written language or languages in common use in the locality.

Article 122. The state gives financial, material and technical
assistance to the minority nationalities to accelerate their economic
and cultural development. The state helps the national autonomous areas
train large numbers of cadres at different levels and specialized
personnel and skilled workers of different professions and trades from
among the nationality or nationalities in those areas.

Section VI. The People's Court and the People's

PROCURATORATES

Article 123. The people's courts in the People's Republic of China are
the judicial organs of the state.

Article 124. The People's Republic of China establishes the Supreme
People's Court and the local people's courts at different levels,
military courts and other special people's courts. The term of office of
the President of the Supreme People's Court is the same as that of the
National People's Congress; he shall serve no more than two consecutive
terms. The organization of people's courts is prescribed by law.

Article 125. All cases handled by the people's courts, except for those
involving special circumstances as specified by law, shall be heard in
public. The accused has the right of defence.

Article 126. The people's courts shall, in accordance with the law,
exercise judicial power independently and are not subject to
interference by administrative organs, public organizations or
individuals.

Article 127. The Supreme People's Court is the highest judicial organ.
The Supreme People's Court supervises the administration of justice by
the local people's courts at different levels and by the special
people's courts; people's courts at higher levels supervise the
administration of justice by those at lower levels.

Article 128. The Supreme People's Court is responsible to the National
People's Congress and its Standing Committee. Local people's courts at
different levels are responsible to the organs of state power which
created them.

Article 129. The people's procuratorates of the People's Republic of
China are state organs for legal supervision.

Article 130. The People's Republic of China establishes the Supreme
People's Procuratorate and the local people's procuratorates at
different levels, military procuratorates and other special people's
procuratorates. The term of office of the Procurator-General of the
Supreme People's Procuratorate is the same as that of the National
People's Congress; he shall serve no more than two consecutive terms.
The organization of people's procuratorates is prescribed by law.

Article 131. People's procuratorates shall, in accordance with the law,
exercise procuratorial power independently and are not subject to
interference by administrative organs, public organizations or
individuals.

Article 132. The Supreme People's Procuratorate is the highest
procuratorial organ. The Supreme People's Procuratorate directs the work
of the local people's procuratorates at different levels and of the
special people's procuratorates; people's procuratorates at higher
levels direct the work of those at lower levels.

Article 133. The Supreme People's Procuratorate is responsible to the
National People's Congress and its Standing Committee. Local people's
procuratorates at different levels are responsible to the organs of
state power at the corresponding levels which created them and to the
people's procuratorates at the higher level.

Article 134. Citizens of all nationalities have the right to use the
spoken and written languages of their own nationalities in court
proceedings. The people's courts and people's procuratorates should
provide translation for any party to the court proceedings who is not
familiar with the spoken or written languages in common use in the
locality. In an area where people of a minority nationality live in a
compact community or where a number of nationalities live together,
hearings should be conducted in the language or languages in common use
in the locality; indictments, judgments, notices and other documents
should be written, according to actual needs, in the language or
languages in common use in the locality.

Article 135. The people's courts, people's procuratorates and public
security organs shall, in handling criminal cases, divide their
functions, each taking responsibility for its own work, and they shall
co-ordinate their efforts and check each other to ensure correct and
effective enforcement of law.

CHAPTER IV. THE NATIONAL FLAG, THE NATIONAL EMBLEM AND THE CAPITAL

Article 136. The national flag of the People's Republic of China is a
red flag with five stars.

Article 137. The national emblem of the People's Republic of China is
Tian'anmen in the centre illuminated by five stars and encircled by ears
of grain and a cogwheel.

Article 138. The capital of the People's Republic of China is Beijing.