| 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 | 11 March 2018 |
| Effective | 11 March 2018 |
| Codification | |
| Acts amended | Constitution of the People's Republic of China |
| Introduced by | Standing Committee of the National People's Congress |
| Committee responsible | Legislative Affairs Commission |
| Voting summary |
|
| Status: In force | |
The Amendment to the Constitution of the People's Republic of China was proposed by the 19th Central Committee of the Chinese Communist Party and adopted at the first session of the 13th National People's Congress on 11 March 2018.
This was the fifth amendment to the 1982 constitution. The amendments included 21 articles, including granting local legislative power to cities with districts, establishing the National Supervisory Commission and establishing a constitutional oath of office. The amendment removed the restriction that the president and vice president could not serve more than two consecutive terms.
On 29 September 2017, CCP General Secretary Xi Jinping chaired a meeting of the Politburo of the Chinese Communist Party and decided to launch the constitutional amendment work. To this end, a constitutional amendment group to carry out work under the leadership of the Politburo Standing Committee was created, with Zhang Dejiang as the group leader and Li Zhanshu and Wang Huning as deputy group leaders. [1] On 27 December, Xi Jinping chaired a meeting of the Politburo and decided to convene the second plenary session of the 19th CCP Central Committee in January 2018 to discuss and study proposals for amending the Constitution. [2]
From January 18 to 19, 2018, the second plenary session of the 19th Central Committee was held. The plenary session reviewed and approved the "Proposal of the Central Committee of the Chinese Communist Party on Amending Some Contents of the Constitution". [3] On January 26, the Central Committee submitted the proposal to the Standing Committee of the National People's Congress. [3] On January 30, the thirty second session of the Standing Committee of the 12th National People's Congress unanimously passed the "Draft Amendment to the Constitution of the People's Republic of China" drafted on the basis of the Central Committee's constitutional amendment proposal, and decided to submit it to the first session of the 13th National People's Congress for deliberation. [4]
The first session of the 13th NPC opened on 5 March. On March 9, 2,952 deputies of the NPC proposed additional amendments to the draft to change the name of the "Law Committee" to "Constitution and Law Committee". The Secretariat of the Presidium of the Congress decided to add a paragraph to Article 44 of the Draft Constitutional Amendment and include the additional amendments as the second paragraph. [5] On the afternoon of March 11, the NPC voted to pass the Draft Constitutional Amendment. At 15:52, the host of the Congress announced that the Constitutional Amendment was passed. [6] There were 2,958 votes in favor, 2 votes against, 3 abstentions and 1 invalid vote. [7] On 14 March, it was reported that the amended Constitution had been published by the People's Publishing House and distributed in Xinhua Bookstores across the country. [8]
According to the Financial Times , Xi Jinping expressed his views of constitutional amendment at meetings with Chinese officials and foreign dignitaries. Xi explained the decision in terms of needing to align two more powerful posts—general secretary of the CCP and chairman of the CMC—which have no term limits. However, Xi did not say whether he intended to be party general secretary, CMC chairman and state president, for three or more terms. [12] On 10 March 2023, during the first session of the 14th National People's Congress, Xi was unanimously elected for an unprecedented third term as president. [13] [14] [15]
President insists term extension is necessary to align government and party posts