Constitution of China | LekiPedia

DEFINITION OF CONSTITUTION:  

A body of fundamental principles according to which a state to be governed. It is basically the set of rules which are being followed by the state  and the population. The origin of the constitution can be traced back to Greek. The term constitution was first used by Aristotle as Poletia which means control state activities.  

Importance of Constitution  

• Constitution differentiates between rights and duties.  

• Constitution creates the sense of nationalism.  

• It distributes powers between organs of the state.  

Introduction to China: 

China is one of the oldest country that have longest history in the world. The people of all nationalities in china have jointly  created a splendid culture. The people of all nationalities, all state organs, the armed forces, all political parties and public organization 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. 

General principles/Salient Features of the Constitution of China 

Question 1: Explain the General principles of the constitution of China? 

Article 1 to 32 of the people’s Republic of china deals with the general principles of the constitution. 

General Principles: 

Article 1 (socialist State): 

• 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(Sovereignty): 

• 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 congress at different level. 

Article 3(Democratic Centralism): 

• 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. 

Article 4(Nationalities, Minorities, Regions, Languages): 

• All nationalities in the People’s Republic of china are equal. The state protects the lawful rights. Discrimination against and oppression of  any nationality are prohibited. 

• Regional autonomy is practiced in areas where people of minority nationalities lives in compact communities. • 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(Socialist Legal system): 

• The people’s Republic of china practices ruling the country in accordance with the law and building a socialist country of law. • 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.

• organization or individual may enjoy the privilege of being above the constitution and the law. 

Article 6(Socialist Public Ownership): 

• 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(State Economy): 

• The state-owned economy, that is, the socialist economy under ownership by the whole people, is the leading force in the national economy. The State ensures the consolidation and growth of the State-owned economy. 

Article 8(Agriculture): 

• Rural collective economic organizations practice the double-tier management system that combines unified and separate operations on  the basis of the household-based output related contracted responsibility system. 

• Working people who are members of rural economic collectives have the right, within the limits prescribed by law. • 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(Resources): 

• Mineral resources, waters, forests, mountain, grassland, unreclaimed land, Beaches, and other natural resources are owned by the state. • 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 Ownership): 

• Land in the cities is owned by the state. 

• Land in the rural and suburban areas is owned by collectives for those portions which belong to the State in accordance with the law. • No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the  use of land may be transferred according to law. 

• All organizations and individuals who use land must make rational use of the land. 

Article 11 (Private Sector of the Economy): 

• Individual, private and other non-public economies that exist within the limits prescribed by law are major components of the socialist  market economy. 

• The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of  the economy. The State encourages, supports and guides the development of the non public sectors of the economy and in accordance  with law, exercises supervision and control over the non-public sectors of the economy. 

Article 12(protection of Socialist Public property): 

• 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(Protection of Private property): 

• Citizens' lawful private property is inviolable. 

• The state, in accordance with the law, protects the rights of citizens to private property and to its inheritance.

 Article 14(Labor Productivity): 

• The state continuously raises labor productivity, improves economic results and develops the productive forces by enhancing working  people, raising technical skill. 

• The state practices strict economy and combats waste. 

• The state establishes a sound social security system compatible with the level of economic development. 

Article 15(Economic Planning): 

• The state has put into practice a socialist market economy. The State strengthens formulating economic laws, improves macro adjustment  and control and forbids according to law any units or individuals from interfering with the social Economic order. 

Article 16(State Enterprises): 

• Stated owned enterprises have decision making power in operation and management within the limits prescribed by law. State owned  enterprises practice democratic management through Congresses of workers and staff and in other ways in accordance with the law. 

Article 17(Collective Economic Organizations): 

• Collective economic organizations have decision making power in conducting independent economic activities, on condition that they  abide by the relevant laws. 

Article 18(Foreign Enterprises):

• The people’s Republic of china permits foreign enterprises, other foreign economic organizations, and individual foreigners to invest in  china.

• All foreign enterprises and other foreign economic organizations in china, as well as joint ventures with Chinese and foreign investment located in china. 

Article 19(Education): 

• 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 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. 

Article 20(Science): 

• 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(Health): 

• The state promotes medical and health, 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 neighborhood  organizations, and promotes public health 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(Culture): 

• The state promotes the development of literature and art, the press, broadcasting, and television undertakings, publishing and distribution services, libraries, museum, cultural centers 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.

Article 23(Intellectuals Education): 

• The state trains specialized personnel in all fields who serve socialism, increases the number of intellectuals, and creates condition to give  full scope to their role in collective modernization. 

Article 24(Socialist Education): 

• 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. 

• The state advocates the civic virtues of level of the motherland, of the people, of labor, of science and of socialism. 

Article 25(Family Planning): 

• The state promotes family planning so that population growth may fit the plan for economic and social development. 

Article 26(Environment):

 • The state protects and improves the living environment and the ecological environment, and prevents and remedies pollution and other  public hazards. 

• The state organizes and encourages afforestation and the protection of forests. 

Article 27(Administration): 

• 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. • 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. 

Article 28(Public order): 

• The state maintains public order and suppresses treasonable and other criminal activities that endanger public security and disrupt the  socialist economy and other criminal activities, and punishes and reforms criminal. 

Article 29(Armed forces): 

• The armed forces of the People’s Republic of china belongs to the people. Their tasks are to strengthen national defence, resist  aggression, defend the motherland, safeguard the people’s peaceful labor, 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(Administrative division): 

• The country is divided into provinces, autonomous regions, and municipalities directly under the central government. • Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities. • Counties and autonomous counties are divided into township, 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(Special Administrative Regions): 

• The state may establish special administrative regions when necessary. The system 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 (Rights of Foreigners): 

• The people’s Republic of china protects the lawful rights and interests of 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.

Conclusion: 

The general Principles of the constitution of china conclude that the people’s Republic of china is a socialist State under the  people’s democratic dictatorship led by working class and based on the alliance of workers and peasants. All powers of the  People’s Republic of china belongs to People. 

Fundamental Rights in the Constitution of China 

Question 2: Explain the fundamental Rights and duties of the citizens according to the constitution of China? 

Introduction: 

 Fundamental Rights are the core rights of the citizens. The constitution of the People’s Republic of china guarantee the  fundamental Rights of the citizens. 

Definition of Fundamental Rights: 

• Acc.to Black’s law dictionary; 

“A right derived from natural or fundamental law”. 

• Acc.to Merriam’s Webster; 

“Fundamental Rights are those rights which are explicitly or implicitly guaranteed in the constitution”. 

Article 33 to 56 of the constitution of the people’s Republic of china deals with the fundamental Rights and duties of citizens. Fundamental Rights:

Article 33(Citizenship, Equality): 

• 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 enjoy the rights. 

• The state respects and preserve human rights.

Article 34(Electoral Rights and Equality): 

• 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, property status, family background, religious belief, or length of residence, except persons deprived of  political rights according to law. 

Article 35(Freedom of speech): 

• 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(Religion): 

• 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, not may  discriminate against citizens who believe in, or not believe in any religion. 

• The state protects normal religious activities. 

• Religious bodies and religious affairs are not subject to any foreign domination. 

Article 37(Personal freedom):

• The personal freedom 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 people’s Court, and  arrest must be made by a public security organ. 

• Unlawful deprivation or restriction of citizens' personal freedom by detention or other means is prohibited; and unlawful search of the  person of citizens is prohibited. 

Article 38(Personal Dignity): 

• 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(Home): 

• 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(Correspondence): 

• The freedom and privacy of correspondence of citizens Of the People’s Republic of China are protected by law. Article 41(Freedom of speech): 

• Citizens of the People’s Republic of China have the right to criticize and make suggestions to any state organ or functionary. • The state organ concerned must deal with complaints, charges or exposures made by in a responsible manner after ascertaining the fact. 

• Citizens who have suffered losses through infringement of their Civic rights by any state organ or functionary have the right to  compensation in accordance with the law. 

Article 42(Work): 

• Citizens of the people’s Republic of China have the right as well as the duty to work.

• Using various channels, the state creates condition for employment, strengthens Labor protection, improves working condition. 

• Work is the glorious duty of every able-bodied citizens. All working people in state owned by enterprises and in urban and rural  economic collectives should perform their task with an attitude consonent with their status as Masters off the country. 

Article 43(Leisure): 

• Working people in the peoples Republic of China have the right to rest. 

• The state expands facilities for rest recuperation of working people, and prescribes and working hours and vacations for workers and  staff. 

Article 44(Retirement): 

• 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(Social security): 

• 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 and society ensure the livelihood of disabled Members of the armed forces, provide pensions for the families of martyrs. 

• The state and society help make arrangements for the work, livelihood and education of the blind, deaf, mute any other handicapped  citizen.

Article 46(Education): 

• 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(Research): 

• 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 assist creative endeavors conducive.

 
Article 48(Gender Equality): 

• Women in the People’s Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural and social,  including family life . 

• The state protects the right and interests of women, applies the principle of equal pay for equal work for men and woman alike, and trains  and select cadres from among women. 

Article 49(Marriage, Family, Parentage): 

• Marriage, the family, and mother and child are protected by the state. 

• Both husband and wife have the duty to practice 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. Mall treatment of old people, woman and children is prohibited. 

Article 50(Nationals Abroad): 

• The people’s Republic of China protects the legitimate rights and interest of Chinese Nationals residing abroad and protects the lawful  rights and interest off returned overseas Chinese and of the family members of Chinese Nationals residing abroad. 

Article 51(Interests of the State): 

• The citizens of the people’s Republic of China exercise the freedoms and rights may not infringe upon the interest off the state, of society  and of the collective, or upon the lawful freedom and rights of other citizens. 

Fundamental Duties: 
Article 52(Unity): 

• 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 nationalities.

 Article 53(Obedience to the constitution): 

• Citizens of the people’s Republic of China must abide by the constitution and the law, keep state secrets, protect public property, and  observe labor discipline and public order and respect social ethics. 

Article 54(Integrity of the motherland): 

• It is the duty of the people’s Republic of China to safeguard the security, honor, and interests of the motherland; they must not commit  act detrimental to the security, honor and interests of the motherland. 

Article 55(Defence): 

• It is the sacred obligation of every citizen of the people’s Republic of China to defend motherland and resist aggression. 

• It is the honorable duty of citizens of the people Republic of China to perform military service and join the military in accordance with  the law. 

Article 56(Taxation): 

• It is the duty of the people’s Republic of China to pay taxes in accordance with the law.

Conclusion: 

 To conclude that the fundamental rights are part and parcel of the constitutional law. There can be no Democratic constitution  without fundamental rights and duties and this is the guarantee to safeguard the fundamental rights of the citizen.  

Question 3: Explain the structure of central government according to the constitution of china? 

President and Vice President: 

 All the executive powers under the Constitution, belongs to president of the Republic, Vice president and the state council. The  head of the state is termed as president of the Republic, who is elected for a period of five years by the National people’s Congress. Vice  president elects for the same period. Both of them can hold office not more than two consecutive terms. 

Article 79 to 84 of the constitution of china deals with the president of china. 

Article 79 (Election, Term): 

• 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 (Functions and Powers): 

• 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 Councilors, 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 honor; issues  Orders of special pardons; proclaims entering of the state of Emergency; proclaims a state of war; and issues mobilization orders.  

Article 81 (Diplomatic Representation): 

• The President of the People’s Republic of China, on behalf of the People’s Republic of China, engages in activities involving State affairs and receives foreign diplomatic representatives 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 (Vice President): 

• The Vice President of the People’s Republic of China assists in the work of the President.  

• The Vice President of the People’s Republic of China may exercise such parts of the functions and powers of the President as may be  deputed by the President.  

Article 83 (End of Office): 

• 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 (Vacancy): 

• 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. 

Article 85 (Governmental Powers): 

• 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 (Composition): 

The State Council is composed of the following:  

• The Premier;  

• The Vice Premiers;  

• The State Councilors;  

• 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 ministries or commissions  Under their charge. 

• The organization of the State Council is prescribed by law.  

Article 87 (Term): 

• 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 (Premier): 

• The Premier directs the work of the State Council. The Vice Premiers and State Councillors assist in the work of the Premier.  

• 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 (Functions and Powers): 

The State Council exercises the following functions and powers:  

• To adopt administrative measures, enact administrative rules and Regulations, and issue decisions and orders in accordance with the  Constitution and the statutes; 

• To submit proposals to the National People’s Congress or its Standing Committee;

• 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;  

• 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;  

• To draw up and implement the plan for national economic and Social development and the state budget;  

• To direct and administer economic affairs and urban and rural Development;  

• To direct and administer affairs of education, science, culture, Public health, physical culture, and family planning;  • To direct and administer civil affairs, public security, judicial Administration, supervision, and other related matters;  

• To conduct foreign affairs and conclude treaties and agreements with foreign states;  

• To direct and administer the building of national defence;  

• 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;  

• 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;  

• To alter or annul inappropriate orders, directives, and regulations Issued by the ministries or commissions;  • To alter or annul inappropriate decisions and orders issued by Local organs of state administration at different levels;  

• 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;  

• In accordance with the provisions of law, to decide on entering the State of emergency in parts of provinces, autonomous regions, and  Municipalities directly under the Central Government; 

• 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  

• To exercise such other functions and powers as the National People’s Congress or its Standing Committee may assign it. 

 Article 90 (Ministers): 

• 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 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 (Auditing Body): 

• 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 (Report on the Work): 

• 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. 

Article 93 (Function, Composition, Term): 

• 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 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 (Responsibility): 

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

 To conclude that the president and the vice president of the People’s Republic of China are elected by the national people’s  Congress. The State Council is composed of the Premier, the vice Premier and the state Councilor and the ministers in charge of ministries the  minister in charge of Commission, the Auditor General and the secretary general. Chairman of the central military Commission is responsible to  the national people’s Congress and its Standing committee.

Question 4: Explain the structure of local government according to the constitution of china? 

Introduction: 

 Local people’s congresses and people's government are established in provinces, municipalities directly under the central  government, counties, cities, municipal district, townships, nationality townships and towns. The organization of local people's congresses and  local people government at various levels is prescribed by law. 

Article 95(Local Governments): 

• 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 (State Power, Standing Committees): 

• 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): 

• 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 (Term): 

• The term of office of the local people's congresses at various levels is five years.  

Article 99 (Obedience to the Constitution): 

• 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 the 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 (Obedience to the Central Government): 

• 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 (Power to Elect and Recall Officials):

• 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 appromandat. 

Article 102 (Direct/Imperative Mandate): 

• 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 (Responsibility of Standing Committees): 

• 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 pro-curatorial organs.  

Article 104 (Functions and Powers): 

• 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 the limits of its authority as prescribed by law; and, when the people's congress at the corresponding level is not in  session, recalls individual deputies to the people's congress at the next higher level and elects individual deputies to fill vacancies in that  people's congress.  

Article 105(Executive Bodies): 

• 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 practice the system of overall responsibility by governors, mayors, county heads, district  heads, township heads, and town heads.

Article 106 (Corresponding Terms): 

• 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 (Administrative Work): 

• 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(Hierarchy of Government): 

• 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): 

• 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 (Responsibility):

• 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 (Committees on Grass Roots Level): 

• 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  inorder 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.  

Conclusions: 

To conclude that Local people’s governments at and above the county level, within the limits of their authority as prescribed by  law, conduct administrative work concerning the economy, education, science, culture, Public health, physical culture, urban and rural Development. 

Structure of People’s Courts in the Constitution of China 

Question 5: Explain the structure of people’s courts and the people’s procratorates? 

Introduction: 

The people’s Republic of china establishes the supreme people’s courts and the people’s courts at various local levels,  military courts and other special people’s courts. The term of office of the president of the supreme people’s courts is the same as that of the  National people’s Congress. The President shall serve no more than two Consecutive terms. The Organization of the people’s courts is  prescribed by law. 

Article 123 to 135 of the constitution of the people’s Republic of china deals with the people’s courts and the people’s procuratorates. The People’s Courts and Procuratorates: 

Article 123 (Judicial Organs): 

• The people’s courts in the People’s Republic of China are the judicial Organs of the state.  

Article 124 (Supreme People’s Court): 

• 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; the President  shall serve no more than two consecutive terms.  

• The organization of people’s courts in prescribed by law.  

Article 125 (Publicity, Right of Defense): 

• 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 defense. 

Article 126 (Independence): 

• 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 (Highest Judicial Organ): 

• 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 (Responsibility of the Supreme People’s Court):

• 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 (People’s Procuratorates): 

• The people’s procuratorates of the People’s Republic of China are State organs for legal supervision.  

Article 130 (Supreme People’s Procuratorate): 

• 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;  the Procurator General shall serve no more than two Consecutive terms. The organization of people’s procuratorates is prescribed by law.  

Article 131 (Procuratorial Power, Independence): 

• 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 (Highest Procuratorial Organ): 

• The Supreme People’s Procuratorate is the highest procuratorial Organ. The Supreme People’s Procuratorate directs the work of the local  People’s Procuratorate at different levels and of the special people’s Procuratorate; people’s procuratorates at higher levels direct the  work of those at lower levels.  

Article 133 (Responsibility of Supreme People’s Procuratorate): 

• The Supreme People’s Procuratorate is responsible to the National People’s Congress and its Standing Committee. Local people’s  Procuratorate 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 (Language in Trials): 

• 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, judgements, notices, and other documents should be written, according to actual needs, in the language or languages in common use in the locality.  

Article 135 (Independence of Functions): 

• 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. 

Conclusions: 

 To conclude that the people’s Republic of china establishes the supreme people’s procuratorate and the people’s procuratorates at  various 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 National people’s Congress. The procurator General shall serve no more than two Consecutive  terms.