Amendment to the Constitution of the People’s Republic of China

Updated: 2018-03-11

Announcement of the National People's Congress of the
People's Republic of China
No. 1

The Amendment to the Constitution of the People's Republic of China has been adopted by the First Session of the Thirteenth National People's Congress of the People's Republic of China on March 11, 2018 and is hereby promulgated to take effect.

Presidium of the First Session of the Thirteenth National People's Congress of the People's Republic of China

March 11, 2018 in Beijing


Amendment to the Constitution of the People's Republic of China

(Adopted by the First Session of the Thirteenth National People's Congress on March 11, 2018 and promulgated by the Announcement No. 1 of the National People's Congress on March 11, 2018)

 

Article 32 In the seventh paragraph of the Preamble to the Constitution, "the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, and the Theory of Three Represents" is amended to read "the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era"; "strengthen the socialist legal system" is amended to read "strengthen the socialist rule of law"; before "through self-reliance and hard work" the words "implement the new development philosophy" are inserted; and "promote coordinated material, political, and cultural-ethical advancement. These efforts are dedicated to building China into a socialist country that is prosperous, strong, democratic, and culturally advanced" is amended to read, "promote coordinated material, political, cultural ethical, social, and ecological advancement. These efforts are dedicated to building China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful and to realizing the rejuvenation of the Chinese nation". This paragraph is accordingly amended to read, "Both the victory in China's New Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnic groups under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought by upholding truth, correcting errors, and overcoming numerous difficulties and obstacles. Our country will long remain in the primary stage of socialism. The fundamental mission of the state is to concentrate its strength on achieving socialist modernization along the road of socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the Chinese people of all ethnic groups will continue to uphold the people's democratic dictatorship, follow the socialist road, and remain committed to reform and opening up; steadily improve various systems under socialism, develop the socialist market economy, advance socialist democracy, strengthen the socialist rule of law, and implement the new development philosophy; and, through self-reliance and hard work, modernize step by step industry, agriculture, national defense, and science and technology and promote coordinated material, political, culturalethical, social, and ecological advancement. These efforts are dedicated to building China into a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful and to realizing the rejuvenation of the Chinese nation.”

Article 33 In the tenth paragraph of the Preamble to the Constitution, "Through the prolonged process of revolution and development" is amended to read, "Through the prolonged process of revolution, development, and reform"; "This united front includes all socialist working people, people engaged in building socialism, patriots who support socialism, and patriots who support the reunification of the motherland" is amended to read, "This united front includes all socialist working people, people engaged in building socialism, patriots who support socialism, and patriots who support the reunification of the motherland and are dedicated to the rejuvenation of the Chinese nation." This paragraph is accordingly amended to read, "The cause of building socialism must rely on workers, farmers, and intellectuals and unite all forces that can be united. Through the prolonged process of revolution, development, and reform, a broad patriotic united front was formed under the leadership of the Communist Party of China, with the participation of other political parties and people's organizations. This united front includes all socialist working people, people engaged in building socialism, patriots who support socialism, and patriots who support the reunification of the motherland and are dedicated to the rejuvenation of the Chinese nation. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference is a broadly representative organization of the united front, and it has played a significant historical role in the past. In the future, it will continue to play an important role in the country's political and social activities and its friendly foreign activities, in socialist modernization, and in the struggles of safeguarding national unity and solidarity. The system of multiparty cooperation and political consultation led by the Communist Party of China will continue to exist and develop long into the future.”

Article 34 In the eleventh paragraph of the Preamble to the Constitution, "Socialist ethnic relations of equality, solidarity, and mutual assistance have been established and will continue to be strengthened." is amended to read, "Socialist ethnic relations of equality, solidarity, mutual assistance, and harmony have been established and will continue to be strengthened.”

Article 35 In the twelfth paragraph of the Preamble to the Constitution, "The achievements of China's revolution and development are inseparable from the support of the people of the world" is amended to read, "The achievements of China's revolution, development, and reform are inseparable from the support of the people of the world"; after "China pursues an independent foreign policy and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, noninterference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence" the words "China is committed to pursuing a path of peaceful development, follows a mutually beneficial strategy of opening up” are inserted; and "works to develop diplomatic relations and economic and cultural exchanges with other countries" is amended to read, "works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a community with a shared future for humanity". This paragraph is accordingly amended to read, "The achievements of China's revolution, development, and reform are inseparable from the support of the people of the world. The future of China is closely connected with the future of the world. China pursues an independent foreign policy and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual nonaggression, noninterference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence. China is committed to pursuing a path of peaceful development, follows a mutually beneficial strategy of opening up, works to develop diplomatic relations and economic and cultural exchanges with other countries, and promotes the building of a community with a shared future for humanity. China consistently opposes imperialism, hegemonism, and colonialism, works to strengthen solidarity with the people of all countries, supports oppressed peoples and developing countries in their just struggles to win and safeguard their independence and grow their economies, and strives to safeguard world peace and promote the cause of human progress.”

Article 36 In the first paragraph of Article 1 of the Constitution, after "The socialist system is the fundamental system of the People's Republic of China." a new sentence is inserted to read, "Leadership by the Communist Party of China is the defining feature of socialism with Chinese characteristics.”

Article 37 The third paragraph of Article 3 of the Constitution, which reads, "All administrative, adjudicatory, and procuratorial organs of the state shall be created by the people's congresses, responsible to them, and subject to their oversight." is amended to read, "All administrative, supervisory, adjudicatory, and procuratorial organs of the state shall be created by the people's congresses, responsible to them, and subject to their oversight.”

Article 38 In the first paragraph of Article 4 of the Constitution, "The state shall safeguard the lawful rights and interests of all ethnic minorities and uphold and develop relations of equality, solidarity, and mutual assistance among all ethnic groups." is amended to read, “The state shall safeguard the lawful rights and interests of all ethnic minorities and uphold and develop relations of equality, solidarity, mutual assistance, and harmony among all ethnic groups.”

Article 39 In the second paragraph of Article 24 of the Constitution, "The state shall advocate the civic virtues of love for the motherland, for the people, for work, for science, and for socialism" is amended to read, "The state shall champion the core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science, and for socialism." This paragraph is accordingly amended to read, "The state shall champion the core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science, and for socialism; educate the people in patriotism and collectivism, in internationalism and communism, and in dialectical and historical materialism; and oppose capitalist, feudal, and other forms of decadent thought.”

Article 40 In Article 27 of the Constitution, a new paragraph is added as the third paragraph to read, "State employees shall, upon assuming office, take a public oath of allegiance to the Constitution in accordance with the law.”

Article 41 In Article 62 of the Constitution, a new item is added under "The National People's Congress shall exercise the following functions and powers" as item 7 to read, "(7) To elect the Chairperson of the National Commission of Supervision", and items 7 through 15 are accordingly changed to items 8 through 16.

Article 42 In Article 63 of the Constitution, a new item is added under "The National People's Congress shall have power to remove from office the following personnel" as item 4 to read, "(4) The Chairperson of the National Commission of Supervision", and items 4 and 5 are accordingly changed to items 5 and 6.

Article 43 The fourth paragraph of Article 65 of the Constitution, which reads, "No component member of the Standing Committee of the National People's Congress shall hold office in any administrative, adjudicatory, or procuratorial organ of the state." is amended to read, "No component member of the Standing Committee of the National People's Congress shall hold office in any administrative, supervisory, adjudicatory, or procuratorial organ of the state.”

Article 44 In Article 67 of the Constitution, under "The Standing Committee of the National People's Congress shall exercise the following functions and powers", item 6, which reads, "(6) To oversee the work of the State Council, the Central Military Commission, the Supreme People's Court, and the Supreme People's Procuratorate" is amended to read, "(6) To oversee the work of the State Council, the Central Military Commission, the National Commission of Supervision, the Supreme People's Court, and the Supreme People's Procuratorate"; and a new item is added as item 11 to read, "(11) To appoint or remove, based on recommendations by the Chairperson of the National Commission of Supervision, Vice Chairpersons, and members of the National Commission of Supervision", and items 11 through 21 are accordingly changed to items 12 through 22.

In the first paragraph of Article 70 of the Constitution, "The National People's Congress shall establish an Ethnic Affairs Committee, a Law Committee, a Financial and Economic Committee, an Education, Science, Culture, and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee, and other special committees as necessary." is amended to read, "The National People's Congress shall establish an Ethnic Affairs Committee, a Constitution and Law Committee, a Financial and Economic Committee, an Education, Science, Culture, and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Affairs Committee, and other special committees as necessary.”

Article 45 The third paragraph of Article 79 of the Constitution, which reads, "The term of office of the President and the term of office of the Vice President of the People's Republic of China shall be the same as the term of the National People's Congress; the President and the Vice President shall serve no more than two consecutive terms." is amended to read, "The term of office of the President and the term of office of the Vice President of the People's Republic of China shall be the same as the term of the National People's Congress.”

Article 46 In Article 89 of the Constitution, under "The State Council shall exercise the following functions and powers", item 6, which reads, "(6) To direct and manage economic work, and urban and rural development" is amended to read, "(6) To direct and manage economic work, urban and rural development, and ecological conservation"; and item 8, which reads, "(8) To direct and manage work such as civil affairs, public security, judicial administration, and supervision" is amended to read, "(8) To direct and manage work such as civil affairs, public security, and judicial administration".

Article 47 In Article 100 of the Constitution, a new paragraph is added as the second paragraph to read, "The people's congresses of cities divided into districts and their standing committees may, provided there is no conflict with the Constitution, laws, or administrative regulations, or with the local regulations of their respective provinces or autonomous regions, enact local regulations in accordance with the law, which shall be submitted to the standing committees of the people's congresses of their provinces or autonomous regions and take effect upon approval.”

Article 48 In the second paragraph of Article 101 of the Constitution, "Local people's congresses at and above the county level shall elect, and have power to remove from office, presidents of the people’s courts and chief procurators of the people's procuratorates at their respective levels." is amended to read, "Local people's congresses at and above the county level shall elect, and have power to remove from office, chairpersons of the commissions of supervision, presidents of the people's courts, and chief procurators of the people's procuratorates at their respective levels.”

Article 49 The third paragraph of Article 103 of the Constitution, which reads, "No component member of the standing committees of local people's congresses at or above the county level shall hold office in any administrative, adjudicatory, or procuratorial organ of the state." is amended to read, "No component member of the standing committees of local people's congresses at or above the county level shall hold office in any administrative, supervisory, adjudicatory, or procuratorial organ of the state.”

Article 50 In Article 104 of the Constitution, "oversee the work of the people's government, the people's court, and the people's procuratorate at their respective levels" is amended to read, "oversee the work of the people's government, the commission of supervision, the people's court, and the people's procuratorate at their respective levels". This article is accordingly amended to read, “The standing committees of local people’s congresses at and above the county level shall discuss and decide on major issues in all areas of work in their administrative areas; oversee the work of the people's government, the commission of supervision, the people's court, and the people's procuratorate at their respective levels; revoke inappropriate decisions and orders made by the people's government at the same level; revoke inappropriate resolutions adopted by the people's congress at the next lower level; decide on the appointment or removal of employees of state organs

according to the authority as prescribed by law; and, when the people's congresses at their levels are not in session, remove from office and elect to fill vacancies deputies to the people's congress at the next higher level.”

Article 51 The first paragraph of Article 107 of the Constitution, which reads, "Local people's governments at and above the county level shall, according to the authority as prescribed by law, economic, educational, scientific, cultural, health, sports, and urban and rural development undertakings, and finance, civil affairs, public security, ethnic affairs, judicial administration, supervision, family planning, and other administrative work, in their administrative areas; issue decisions and orders; and appoint or remove, train, evaluate, and award or punish government employees." is amended to read, "Local people's governments at and above the county level shall, according to the authority as prescribed by law, manage economic, educational, scientific, cultural, health, sports, and urban and rural development undertakings, and finance, civil affairs, public security, ethnic affairs, judicial administration, family planning, and other administrative work, in their administrative areas; issue decisions and orders; and appoint or remove, train, evaluate, and award or punish government employees.”

 

Section 7 Commissions of Supervision

Article 123 Commissions of supervision of the People's Republic of China at all levels are the supervisory organs of the state.

Article 124 The People's Republic of China shall establish a National Commission of Supervision and local commissions of supervision at all levels.

A commission of supervision shall be composed of the following personnel:

A chairperson,

Vice chairpersons, and

Members.

The term of office of the chairperson of a commission of supervision shall be the same as the term of the people's congress at the same level. The Chairperson of the National Commission of Supervision shall not serve more than two consecutive terms.

The organization, functions, and powers of the commissions of supervision shall be prescribed by law.

Article 125 The National Commission of Supervision of the People's Republic of China is the highest supervisory organ.

The National Commission of Supervision shall direct the work of local commissions of supervision at all levels; higher-level commissions of supervision shall direct the work of lower-level commissions of supervision.

Article 126 The National Commission of Supervision shall be responsible to the National People's Congress and the Standing Committee of the National People's Congress. Local commissions of supervision at all levels shall be responsible to the organs of state power that created them and to the commissions of supervision at the next higher level.

Article 127 Commissions of supervision shall, in accordance with the law, independently exercise supervisory power and shall not be subject to interference from any administrative organ, social organization, or individual.

The supervisory organs shall, in handling cases of duty-related malfeasance or crime, work in coordination with adjudicatory organs, procuratorial organs, and law enforcement departments, and they shall act as mutual checks on each other.

Section 7 is accordingly changed to Section 8, and Articles 123 through 138 are accordingly changed to Articles 128 through 143.

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