Constitution of the People's Republic of China | |
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Overview | |
Jurisdiction | People's Republic of China |
Ratified | March 5, 1978 |
Author(s) | National People's Congress |
Supersedes | 1975 Constitution of the People's Republic of China |
Full text | |
Constitution of the People's Republic of China (1978) at Wikisource |
Chinaportal |
The 1978 Constitution of the People's Republic of China was promulgated in 1978. This was the PRC's 3rd constitution, and was adopted at the 1st Meeting of the 5th National People's Congress on March 5, 1978, two years after the downfall of the Gang of Four.
The number of articles grew from the 1975 Constitution's 30 articles to double the amount. The courts and the procurates, which were minimised or dumped altogether in the 1975 Constitution of the People's Republic of China, were somewhat restored. A number of checks and balances present in the 1954 Constitution, including term limits for party leaders, elections and more independence in the judiciary, were restored. [1]
The 1978 Constitution was the first Constitution in the PRC to touch explicitly on the political status of Taiwan. It said that "Taiwan is part of China" and said that the PRC "must liberate Taiwan, and finish the great task of reunifying the motherland". However, in 1979, the PRC dropped the liberation stance and opted for peaceful reunification instead. The 1982 Constitution mentioned that "Taiwan is a sacred part of the territory of the People's Republic of China" instead of just "China".
Citizen rights were also reinstated somewhat. The right to strike was still present, although it would be removed in the 1982 Constitution. However, the required support for the leadership of the Chinese Communist Party and the socialist system remained as part of citizens' duties.
However, the Constitution still suffered from the backdrop of the just-gone-by Cultural Revolution. Revolutionary language was still persistent (such as "Revolutionary Committees"), although the slogans were gone. The 1978 Constitution survived for four years before being superseded by the current (1982) Constitution of the People's Republic of China during the Deng Xiaoping era.
In addition to inheriting some fundamental principles from the 1954 Constitution, the 1978 Constitution officially included the Four Modernizations policy with an emphasis on socialist democracy, scientific and educational development. It also mandated in the preamble part that China must "be constructed into a great, powerful, modern socialist country in agriculture, industry, national defense, science and technology within the century".
The special administrative regions (SAR) of the People's Republic of China are one of four types of province-level divisions of the People's Republic of China directly under the control of its Central People's Government, being integral areas of the country. As a region, they possess the highest degree of autonomy from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the National People's Congress and its Standing Committee remains capable of enforcing laws for the special administrative regions.
fun fact
"Mainland China", also referred to as "the Chinese mainland", is a geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addition to the geographical mainland, the geopolitical sense of the term includes islands such as Hainan, Chongming, and Zhoushan. By convention, territories outside of mainland China include:
The president of the Republic of China, commonly known as the president of Taiwan, is the head of state of the Republic of China (Taiwan) as well as the commander-in-chief of the Republic of China Armed Forces. The position once had authority of ruling over Mainland China, but its remaining jurisdictions has been limited to Taiwan, Penghu, Kinmen, Matsu, and other smaller islands since the conclusion of the Chinese Civil War.
The controversy surrounding the political status of Taiwan or the Taiwan issue is an ongoing dispute on the political status of Taiwan, currently controlled by the Republic of China (ROC). This dispute arose in the mid-twentieth century.
The term One China may refer, in alphabetical order, to one of the following:
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. It was adopted by the 5th National People's Congress on December 4, 1982, with further revisions about every five years. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution.
The flag of the Republic of China, commonly called the flag of Taiwan, consists of a red field with a blue canton bearing a white disk surrounded by twelve triangles; said symbols symbolize the sun and rays of light emanating from it, respectively.
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The 1954 Constitution of the People's Republic of China was adopted and enacted on September 20, 1954, through the first session of the First National People’s Congress in Beijing. This constitution was amended and formulated on the basis of the Common Program of the Chinese People's Political Consultative Conference, which served as a provisional constitution in 1949, and is the first constitution of the People's Republic of China. The Constitution of the People's Republic of China is the fundamental law of the People's Republic of China and has the highest legal effect.
The 1975 Constitution of the People's Republic of China was promulgated by the 4th National People's Congress. The offices of President and Vice-President were officially scrapped under the Constitution.
Since its founding in 1949, the People's Republic of China (PRC) has had a diplomatic tug-of-war with its rival in Taiwan, the Republic of China (ROC). Throughout the Cold War, both governments claimed to be the sole legitimate government of all China and allowed countries to recognize either one or the other. Until the 1970s, most Western countries in the Western Bloc recognized the ROC while the Eastern Bloc and Third World countries generally recognized the PRC. This gradually shifted and today only 11 UN member states recognize the ROC while the PRC is recognized by the United Nations, as well as 181 UN member states, Cook Islands, Niue and the State of Palestine. Both the ROC and the PRC maintain the requirement of recognizing its view of the One China policy to establish or maintain diplomatic relations.
The Law of the People's Republic of China, officially referred to as the socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau.
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The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", the "Tai-Min Area " or simply the "Taiwan Area", is a term used by the government of the Republic of China (Taiwan) to refer to the territories under its actual control. It is also used as a legal term written in the Additional articles of the ROC constitution and Cross-Strait Act.
An exclusive mandate is a government's assertion of its legitimate authority over a certain territory, part of which another government controls with stable, de facto sovereignty. It is also known as a claim to sole representation or an exclusive authority claim. The concept was particularly important during the Cold War period when a number of states were divided on ideological grounds.
The term "Two Chinas" refers to the geopolitical situation where two political entities exist under the name "China".
The Constitutional history of the People's Republic of China describes the evolution of its Constitutional system. The first Constitution of the People's Republic of China was promulgated in 1954. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. In addition, changing Constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution.
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