China's National People's Congress approves constitutional amendments A version of this article appears in print on March 15, , on Page A of the. Year of Version: Date of Text (Adopted): December 4, Type of Text: Constitution / Basic Law. Subject Matter: Other. Available Texts: Chinese. It is also a year that saw all-round progress in China's human rights undertakings. In that year, China expressly stated in its Constitution that "The state respects.


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By doing so, the private sectors final achieve equal status with their public counterparts in most economic activities The controversial part of the revision concerns the revision of Article Article 13 constitution of china 2004 provide protection to lawful income, houses and other private property and the right to inheritance.

Constitution of the People's Republic of China 2004

There has long been uncertainty about Article First, the listing of lawful income, wages, houses, etc. Secondly, public property is declared sacred and constitution of china 2004 by the Constitution Article 12while the state only offers protection for limited private property.

  • The Revision of the Constitution in the PRC
  • Constitution of the People's Republic of China - Table of Contents
  • China's Progress in Human Rights in
  • The Constitution law of the People's Republic of China

This implicitly indicates a different degree of protection to the constitution of china 2004 types of property. Further, Article 13 refers to ownership rights to property suoyouquan instead of the more universally understood term of property rights caichanquan.


The revision thus intends to do away with one of the last remnants of the influence of Soviet law. Further, if private property is expropriated or taken over for state use, compensation must be paid by the state under the revised Constitution.

Similarly, as land-use rights have been commercialised, compensation for expropriation or taking over constitution of china 2004 use by the state is also guaranteed by the revised Constitution 56As such one can say quite comfortably that for most practical purposes equal constitution of china 2004 is now provided for both public and private property.

This should now clear away one of the most difficult aspects of enacting a civil code in China: However, the controversy is not about the protection for private property per se, it is the concern about the legalisation of illegally acquired property, such as that acquired through corruption, the embezzlement of public property by various means, and other illegal means.

This the Chinese government in fact began to address several years ago The present revision now makes it a constitutional obligation of the state to establish a social security system appropriate to the level of national economic development Once again, it is a positive development that should provide the poor with a constitutional claim, at least theoretically, or a moral claim, against the government should the government fail to deliver a minimum social safety net.

A civilian approach to a state of emergency 21The original Constitution provided the Standing Committee of the NPC with the power to declare the imposition of martial law jieyan to be proclaimed by the President of the PRC throughout the country or in particular provinces, autonomous regions or municipalities directly under the Central Government, and gave the State Council the power to impose the order in constitution of china 2004 of provinces, autonomous regions and municipalities directly under the Central Government This the State Council did in Tibet and in Peking in However, the circumstances under which martial law may be declared are only vaguely defined by Article 2 of the Martial Law of the PRC 61which provides for the constitution of china 2004 of martial law in a state of emergency in which social turmoil dongluana violent upheaval baoluan or serious disturbance yanzhong saoluan is occurring and where extraordinary measures must be taken to maintain social order and protect life and property.

Under this definition and through the experiences in Tibet and Peking inmartial law is widely perceived as immediately and directly invoking a military-style solution to civilian unrest that might not warrant any violent solution, thus causing constitution of china 2004 unnecessary involvement of the army The revision now replaces the power to order martial law with the power to declare a state of emergency jinji zhuangkuang.

While this revision clearly widens the scope within which restrictions may be imposed through a declaration, such as in cases of the SARS epidemic and other natural disasters such as floods 63it also signals the willingness of the state authorities to explore civilian solutions, such as the primary use of civilian police to deal with civil unrest and other emergency situations, leaving the military solution as the last resort.

Constitution of the People's Republic of China - Wikipedia

Considering the tragedies in Tibet, Peking and several other cities inthe revision is both positive and potentially life-saving. Since the Martial Law of the PRC was enacted constitution of china 2004the revision of the Constitution would now require that the law be revised.

Since the Constitution provides few procedures or criteria for declaring a state of emergency, it is hoped that a new law on states of emergency will clearly set out all these details 64hence providing further protection constitution of china 2004 the peaceful exercise of some fundamental human rights, such as the right to assembly and to demonstration.

Other technical revisions 22Other revisions are largely non-controversial and technical in nature. Heads of state in all countries routinely conduct state affairs, such as paying or hosting state visits, so the President of the PRC, being the head of state, is now provided with the power to conduct such affairs Finally, the national anthem, the March of the Volunteers 68has been sung by the Chinese people ever since the founding of the PRC, and was formally declared the national anthem by the NPC in so it is again appropriate to give it constitutional status Further, the incorporation of the national anthem in the state constitution is to immortalise the revolutionary spirit as contained in the national anthem and, surely, makes any future change of the national anthem difficult.

The new State Constitution provides a legal basis for the broad changes in China's constitution of china 2004 and economic institutions and significantly revises government structure. The posts of President and Vice President which were abolished in the and constitutions are re-established in the Constitution.

For example, while the Soviet constitution contains an explicit right of secessionthe Chinese constitution explicitly forbids secession.

Constitution of the People’s Republic of China

While the Soviet constitution formally creates a federal system, the Chinese constitution formally creates a unitary multi-national state. The State Constitution is a lengthy, hybrid document with articles.

Specifically, the new Constitution de-emphasizes class struggle and places top priority on development and on incorporating the contributions and interests of non-party groups that can play a central role in modernization.

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