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 minimized or dumped altogether in the 1975 Constitution of the People's Republic of China, were somewhat restored. A greater degree of separation of party and state was also instituted, with the Central Committee's power to nominate cabinet ministers being deleted and given to the Premier once more. 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.
Altogether, 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 The 1978 Constitution survived for four years before being superseded by the current (1982) Constitution of the People's Republic of China during the Deng Xiaoping era.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.
Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal system has been based on the Confucian philosophy of social control through moral education, as well as the Legalist emphasis on codified law and criminal sanction. Following the Xinhai Revolution, the Republic of China adopted a largely Western-style legal code in the civil law tradition. The establishment of the People's Republic of China in 1949 brought with it a more Soviet-influenced system of socialist law. However, earlier traditions from Chinese history have retained their influence.
The president of the Republic of China, also known as the president of Taiwan, is the head of state of the Republic of China, commonly known as Taiwan, as well as the commander-in-chief of the Republic of China Armed Forces. Before 1949 the position had the authority of ruling over Mainland China, but after communist victory in the Chinese Civil War, the remaining jurisdictions of the ROC have been limited to Taiwan, Penghu, Kinmen, Matsu, and smaller islands.
The political status of Taiwan or the Taiwan issue is an ongoing geopolitical dispute about Taiwan, currently controlled by the Republic of China (ROC), that arose in the mid-twentieth century. Originally based in mainland China before and during World War II, the ROC government retreated to Taiwan in 1949 after it was defeated by the Chinese Communist Party (CCP) during the Chinese Civil War and the subsequent establishment of the People's Republic of China (PRC). Since then, the effective jurisdiction of the ROC has been limited to Taiwan, Penghu, Kinmen, Matsu, and smaller islands.
One China is a phrase describing the relationship between the People's Republic of China (PRC) based on Mainland China, and the Republic of China (ROC) based on the Taiwan Area. "One China" asserts that there is only one de jure Chinese nation despite the de facto division between the two rival governments in the aftermath of the Chinese Civil War. The term 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 five subsequent revisions. It is the fourth constitution in PRC history, superseding the 1954 constitution, the 1975 constitution, and the 1978 constitution.
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The 1975 Constitution of the People's Republic of China was promulgated by the 4th National People's Congress. The offices of Chairman and Vice-Chairman were officially scrapped under the Constitution after almost 7 years of functional non-existence since the purge of Liu Shaoqi.
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The Taiwan Area, fully the "Taiwan Area of the Republic of China", also the free area of the Republic of China, the "Tai-Min Area ", is a term used to refer to the territories actually controlled by the Republic of China. It has been in official use since the Additional Articles of the Constitution of the Republic of China took effect to end temporary anti-communist provisions on 1 May 1991. The term is also used in the 1992 Cross-Strait Act.
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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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