This is a test of your knowledge. What is the Chinese Constitution really saying here?
|
||||||||||||
|
Chinese Constitutional Law AMENDMENTS TO THE (Adopted at the FithSession of the Fith National 1 Article 11 of the Constitution shall include a new paragraph, which reads: "The state permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy a complement to the socialist public economy. The state protects the lawful rights and interests of the private sector the economy, and exercises guidance, supervision and control over the private sector of the economy." 2 The fourth paragraph of Article 10 of the Constitution which provides that "No organization or individual may appropriate, buy, sell or lease land or otherwise engage the transfer of land by unlawful means", shall be amended to: "No organization or individual may appropriate, buy, sell or unlawfully transfer land in other ways. The right to the use of land may be transferred in accordance with law." AMENDMENTS TO THE (Adopted at the First Session of the Eighth 3 The final two sentences of the seventh paragraph of the Preamble to the Constitution ("The basic task of the nation in the years to come is to concentrate its efforts on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism Leninism and Mao Zedong Thought, the Chinese people of all ethnic groups will continue to adhere to the people's democratic dictatorship and the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step to turn China into a socialist country with a high level of culture and democracy.") are amended to "Our country is in the primary stage of socialism. The basic task before the nation is the concentration of efforts on socialist modernization construction in accordance with the theory of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all ethnic groups will continue to adhere to the people's democratic dictatorship and the socialist road and to uphold reform and opening to the outside world, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step to build China into a strong and prosperous, culturally advanced, democratic socialist nation." 4 The following sentence is added to the end of the tenth paragraph of the Preamble to the Constitution: "Multi-party cooperation and the political consultation system under the leadership of the Communist Party of China shall continue and develop for a long time to come." 5 Article 7 of the Constitution ("The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy.") is amended to "The state-owned economy, i.e. the socialist economy with ownership by the people as a whole, is the leading force in the national economy. The state will ensure the consolidation and development of the state-owned economy." 6 The first paragraph of Article 8 of the Constitution ("Rural people's communes, agricultural producers' cooperatives and other forms of cooperative economy, such as producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock.") is amended to "The rural contracted responsibility system based mainly on the household linking remuneration to output and cooperative economic forms producers', supply and marketing, credit and consumers' cooperatives, are part of the socialist economy collectively owned by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock." 7 Article 15 of the Constitution ("The state practices planned economy on the basis of socialist public ownership. It ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market." "Disturbance of the socioeconomic order or disruption of the state economic plan by any organization or individual is prohibited.") is amended to "The state practices socialist market economy." "The state shall enhance economic legislation and improve macro-control of the economy." "The state shall, in accordance with the law, prohibit disturbance of the socioeconomic order by any organization or individual."/p> 8 Article 16 of the Constitution ("State enterprises have decision-aking power with regard to operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state and fulfill all their obligations under the state plan." "State enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law.") is amended to "Stat- owned enterprises have decision-making power with regard to operations within the limits prescribed by law." "State-owned enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law." 9 Article 17 of the Constitution ("Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws." "Collective economic organizations practice democratic management in accordance with the law. The entire body of their workers elects or removes their managerial personnel and decides on major issues concerning operation and management.") is amended "Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws." "Collective economic organizations practice democratic management, elect and remove their managerial personnel in accordance with the law, and decide major issues concerning operation and management. 10 The third paragraph of Article 42 of the Constitution ("Work is a matter of honour for every citizen who is able to work. All working people in state enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour.") is amended to "Work is a matter of honour for every citizen who is able to work. All working people in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour." 11 Article 98 of the Constitution ("The term of office of the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people's congresses of counties, cities not divided into districts, municipal districts, townships, ethnic townships,and towns is three years.") is amended to "The term of office of the people's congresses of provinces, municipalities directly under the Central Government, counties, cities and districts under the jurisdiction of the municipal government is five years. The term of office of the people's congresses of townships, ethnic townships and towns is three years." AMENDMENTS TO THE (Adopted at the Second Session of the Ninth National People's Congress and 12 The seventh paragraph of the Preamble to the Constitution ("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 surmounting numerous difficulties and hardships. Our country is in the primary stage of socialism. The basic task before the nation is the concentration of efforts on socialist modernization construction in accordance with the theory of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all ethnic groups will continue to adhere to the people's democratic dictatorship and the socialist road and to uphold reform and opening to the outside world, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step to build China into a strong and prosperous, culturally advanced, democratic socialist nation.") is amended to "The victory in China's New Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all ethnicgroups, 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 surmounting numerous difficulties and hardships. Our country will be in the primary stage of socialism for a long period of time. The basic task before the nation is the concentration of efforts on socialist modernization construction along the road of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought and Deng Xiaoping Theory, the Chinese people of all ethnic groups will continue to adhere to the people's democratic dictatorship and the socialist road, and to uphold reform and opening to the outside world, steadily improve socialist institutions, develop a socialist market economy, promote socialist democracy, improve the socialist legal system, and work hard and self reliantly to modernize the country's industry, agriculture, national defense and science and technology step by step to build China into a strong and prosperous, culturally advanced, democratic socialist nation." 13 The following is added to Article 5 of the Constitution as the first paragraph: "The People's Republic of China exercises the rule of law, building a socialist country governed according to law." 14 Article 6 of the Constitution ("The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people." "The system of socialist public ownership supersedes the system of exploitation of man by man it applies the principle of 'from each according to his ability, to each according to his work.') is amended to "The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work .... .. In the primary stage of socialism, the state upholds the basic economic system with the dominance of the public ownership and the simultaneous development of an economy of diverse forms of ownership, and upholds the distribution system with the dominance of distribution according to work and the coexistence of diverse modes of distribution." 15 The first paragraph of Article 8 of the Constitution ("The rural contracted responsibility system based mainly on the household linking remuneration to output and cooperative economic forms ‑ producers', supply and marketing, credit and consumers' cooperatives ‑ are part of the socialist economy collectively owned by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock.") is amended to "The rural collective economic organizations follow the two-tier operation system with household contract management as the basis and the combination of unified and separate management. Rural cooperative economic forms; producers', supply and marketing, credit and consumers' cooperatives; are part of the socialist economy collectively owned by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock." 16 Article 11 of the Constitution ('The individual economy of urban and rural working people, operating within the limits prescribed by law, is a complement to the socialist public economy. The state protects the lawful rights and interests of the individual economy." "The state guides, assists and supervises the individual economy by administrative control." "The state permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the socialist public economy. The state protects the lawful rights and interests of the private sector of the economy, and exercises guidance, supervision an, control over the private sector of the economy.")0 amended to "The non-public sector of the economy comprising self-employed and private businesses Within the domain stipulated by law is an important component of the country's socialist market economy ... The state protects the legitimate rights and interests of the self-employed and private businesses." "The state exercises guidance, supervision and management over the self-employed and private businesses."; 17 Article 28 of the Constitution ("The state maintains public order and suppresses treasonable and other counterrevolutionary activities it penalizes criminal activities that endanger public security and disrupt the socialist economy as well as other criminal activities; and it punishes and reforms criminals.") is amended to "The state maintains public order and suppresses treasonable and other criminal activities jeopardizing state security; it penalizes criminal activities that endanger public security and disrupt the socialist economy, as well as other criminal activities; and it punishes and reforms criminals."
|
|||||||||||
|
|
||||||||||||
 |
|
|||||||||||
