China Is A Socialsit State

Henry C.K. Liu hliu at SPAMmindspring.com
Sat Feb 17 09:41:12 MST 2001


No country can live up to all the ideals of its constitution,  Yet no
country can stray too far these ideals.  These ideals define the
political culture and aims of a nation.  Compared to the US
constitution, it is undeniable that China is a socialist nation.

Excerpts from the PRC Constitution as adopted in December 4, 1984:

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
ZedongThought, 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 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 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 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.








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