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Constitution of China

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The Constitution of the People's Republic of China is the supreme law of the nation. It is a communist state constitution that defines how the country is governed. This document sets out the basic policies and the nature of the state. It also establishes the leadership of the Chinese Communist Party (CCP). By providing a legal framework, the constitution helps organize the central and local institutions of the government.

2018-03-11 第十三届全国人民代表大会第一次会议表决修宪案
2018-03-11 第十三届全国人民代表大会第一次会议表决修宪案

China's journey toward a constitutional system began much earlier than the current government. In 1898, the Guangxu Emperor attempted the Hundred Days' Reform to modernize the country. However, a coup by conservative monarchists led by Empress Dowager Cixi ended this effort. Later, the 1911 Revolution overthrew the Qing dynasty. The new Republic of China adopted a Provisional Constitution in 1912. This document aimed to create a parliamentary system with a weak president. Unfortunately, the system failed as China entered a period of warlordism, where military leaders held power.

In 1928, the Kuomintang unified most of China. They introduced the Provisional Constitution of the Political Tutelage Period in 1931. This was intended to stay in place until the country was pacified and the people were educated for democratic government. The Kuomintang later ratified a new Constitution of the Republic of China in 1946. However, the outbreak of the Chinese Civil War prevented this document from being effectively implemented. These early attempts show a long struggle to establish stable legal rules during times of conflict.

Following the foundation of the People's Republic of China in October 1949, a new era began. In September 1949, the Chinese People's Political Consultative Conference adopted the Common Program. Although it was not a formal constitution, scholars view it as a provisional constitution. The Common Program organized the new government's military, economy, and educational policies. It served as the temporary legal foundation until a permanent constitution could be drafted. This transition was supported by suggestions from Soviet leader Joseph Stalin, who urged the drafting of a constitution to organize the one-party government.

The process of creating the first formal constitution was a massive national undertaking. In 1953, a Constitution Drafting Committee was formed with more than 30 members, including Mao Zedong. Because the members were not all constitutional law graduates, they studied the 1936 Soviet Constitution and the 1952 Romanian Constitution for guidance. The drafting group submitted a version in February 1954 for review. To ensure the people were involved, the draft was published for public discussion for four months. Approximately 150 million people participated in this discussion. They submitted more than 1.38 million opinions to the committee.

Members voting for the Constitution of the People's Republic of China in 1954
Members voting for the Constitution of the People's Republic of China in 1954

On September 20, 1954, the first session of the 1st National People's Congress met to finalize the document. The delegates cast 1,197 votes, and all 1,197 voted in favor. This unanimous vote officially adopted the first constitution of the People's Republic of China. The document declared China to be a people's democratic state. It also established the concept of democratic centralism. This means that while central authorities make decisions, they operate through a system of people's congresses.

The constitution has undergone several major changes over the decades. There was a significant revision during the Cultural Revolution in 1975, followed by another in 1978. The current version was adopted by the 5th National People's Congress on December 4, 1982. This adoption occurred during the period of reform and opening up. Since 1982, the constitution has gone through five subsequent revisions. Today, the document consists of 4 chapters and 143 articles. It outlines the regional ethnic autonomy system and community-level self-governance.

The current constitution defines the state as a socialist state. It is described as being governed by a people's democratic dictatorship. This system is led by the working class and is based on an alliance between workers and peasants. The constitution ensures that all state institutions work under the authority of the people's congress system. By linking the leadership of the CCP with these legal structures, the constitution provides the framework for all political and social life in the People's Republic of China.

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