1988 amendment to the Constitution of China

Amendment to the Constitution of the People's Republic of China
National People's Congress
Territorial extent	China
Passed by	National People's Congress
Passed	12 April 1988 (1988-04-12)
Effective	12 April 1988 (1988-04-12)
Codification
Acts amended	Constitution of the People's Republic of China
Introduced by	Standing Committee of the National People's Congress
Voting summary	2,821 voted for 22 voted against 16 abstained
Status: In force

The Amendment to the Constitution of the People's Republic of China was proposed by the 13th Central Committee of the Chinese Communist Party and adopted at the first session of the 7th National People's Congress on 12 April 1988.

The amendments included amending Articles 10 and 11 of the Constitution to allow the emergence of private economy and the transfer of land use rights.

History

On February 28, the CCP Central Committee submitted to the Standing Committee of the National People's Congress the "Proposal of the Central Committee of the Chinese Communist Party on Amending Certain Articles of the Constitution of the People's Republic of China". ^[1] On March 12, the twenty fifth session of the Standing Committee of the 6th National People's Congress passed the "Draft Constitutional Amendment" based on the central government's constitutional amendment proposal, and decided to submit it to the first session of the 7th National People's Congress for deliberation. ^[2] On April 12, the first session of the 7th National People's Congress passed the Constitutional Amendment with 2,821 votes in favor, 22 votes against, and 16 abstentions. ^[3]

Amendments

The amendments included amending Articles 10 and 11 of the Constitution to allow the emergence of private economy and the transfer of land use rights. ^[3]

The revisions legalized the separation of land use rights from land ownership. ^{[4] : 77} This was the constitutional foundation for the 1990 Regulation of Urban Land Use Rights, which allowed land use rights to be bought and sold in the real estate market without changing the underlying title of public land. ^{[4] : 77}

References

1. "中国共产党中央委员会关于修改中华人民共和国宪法个别条款的建议" [Proposal of the Central Committee of the Chinese Communist Party on Amending Certain Articles of the Constitution of the People's Republic of China]. National People's Congress (in Chinese). 中国人大网. 1988-02-28. Archived from the original on 2018-03-09. Retrieved 2018-03-10.
2. "全国人民代表大会常务委员会关于中华人民共和国宪法修正案草案". National People's Congress (in Chinese). 中国人大网. 1988-03-12. Archived from the original on 2018-03-09. Retrieved 2018-03-10.
3. "中华人民共和国宪法修正案（1988年）". National People's Congress (in Chinese). 中国人大网. 1988-04-12. Archived from the original on 2016-11-10. Retrieved 2018-03-10.
4. Lin, Zhongjie (2025). Constructing Utopias: China's New Town Movement in the 21st Century. New York, NY: Oxford University Press. ISBN   978-0-19-779330-5.