Input: Yu Pin
Issuing authority： National People's Congress
Date issued： 03-11-2018
Effective date: 03-11-2018
Level of Authority: Laws
Area of Law:Constitution
Constitution of the People's Republic of China
(Adopted at the Fifth Session of the Fifth National People's Congress and promulgated for implementation by the Announcement of the National People's Congress on December 4, 1982, amended in accordance with the Amendments to the Constitution of the People's Republic of China adopted respectively at the First Session of the Seventh National People's Congress on April 12, 1988, the First Session of the Eighth National People's Congress on March 29, 1993, the Second Session of the Ninth National People's Congress on March 15, 1999, the Second Session of the Tenth National People's Congress on March 14, 2004, and the First Session of the Thirteenth National People's Congress on March 11, 2018)
（1982年12月4日第五届全国人民代表大会第五次会议通过 1982年12月4日全国人民代表大会公告公布施行 根据1988年4月12日第七届全国人民代表大会第一次会议通过的《中华人民共和国宪法修正案》、1993年3月29日第八届全国人民代表大会第一次会议通过的《中华人民共和国宪法修正案》、1999年3月15日第九届全国人民代表大会第二次会议通过的《中华人民共和国宪法修正案》、2004年3月14日第十届全国人民代表大会第二次会议通过的《中华人民共和国宪法修正案》和2018年3月11日第十三届全国人民代表大会第一次会议通过的《中华人民共和国宪法修正案》修正）
CHAPTER I GENERAL PRINCIPLE
CHAPTER II THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
CHAPTER III THE STRUCTURE OF THE STATE
SECTION 1 NATIONAL PEOPLE'S CONGRESS
SECTION 2 THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
SECTION 3 THE STATE COUNCIL
SECTION 4 THE CENTRAL MILITARY COMMISSION
SECTION 5 THE LOCAL PEOPLE'S CONGRESSES AND LOCAL PEOPLE'S GOVERNMENTS AT VARIOUS LEVELS 第五节 地方各级人民代表大会和地方各级人民政府
SECTION 6 THE ORGANS OF SELF-GOVERNMENT OF NATIONAL AUTONOMOUS AREAS
SECTION 7 SUPERVISORY COMISSIONS
SECTION 8 THE PEOPLE'S COURTS AND THE PEOPLE'S PROCURATORATES
CHAPTER IV THE NATIONAL FLAG, THE NATIONAL ANTHEM, THE NATIONAL EMBLEM, AND THE CAPITAL 第四章 国旗、国歌、国徽、首都
China is a country with one of the longest histories in the world. The people of all of China's nationalities have jointly created a culture of grandeur and have a glorious revolutionary tradition.
After 1840, feudal China was gradually turned into a semi-colonial and semi-feudal country. The Chinese people waged many successive heroic struggles for national independence and liberation and for democracy and freedom.
Great and earthshaking historical changes have taken place in China in the 20th century. 二十世纪，中国发生了翻天覆地的伟大历史变革。
The Revolution of 1911, led by Dr. Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the historic mission of the Chinese people to overthrow imperialism and feudalism remained unaccomplished.
After waging protracted and arduous struggles, armed and otherwise, along a zigzag course, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat-capitalism, won a great victory in the New-Democratic Revolution and founded the People's Republic of China. Since then the Chinese people have taken control of state power and become masters of the country.
After the founding of the People's Republic, China gradually achieved its transition from a New-Democratic to a socialist society. The socialist transformation of the private ownership of the means of production has been completed, the system of exploitation of man by man abolished and the socialist system established. The people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, which is in essence the dictatorship of the proletariat, has been consolidated and developed. The Chinese people and the Chinese People's Liberation Army have defeated imperialist and hegemonist aggression, sabotage and armed provocations and have thereby safeguarded China's national independence and security and strengthened its national defence. Major successes have been achieved in economic development. An independent and relatively comprehensive socialist system of industry has basically been established. There has been a marked increase in agricultural production. Significant advances have been made in educational, scientific and cultural undertakings, while education in socialist ideology has produced noteworthy results. The life of the people has improved considerably.
The victory in China's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, 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. China will be in the primary stage of socialism for a long time. The basic task of the nation is to concentrate its effort on socialist modernization along the road of Chinese-style socialism. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop the socialist market economy, develop socialist democracy, improve the socialist rule of law, implement new concepts of development, and press forward self-reliantly to modernize the country's industry, agriculture, national defense, and science and technology step by step and promote the coordinated development of material, political, spiritual, social, and ecological civilizations to build China into a great modern socialist country that is prosperous, powerful, democratic, civilized, harmonious, and beautiful and achieve the grand rejuvenation of the Chinese nation.
The exploiting classes as such have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it.
Taiwan is part of the sacred territory of the People's Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland.
In building socialism it is essential to rely on workers, farmers, and intellectuals and to unite all forces that can be united. In the long years of revolution, construction, and reform, there has been formed under the leadership of the Communist Party of China a broad patriotic united front composed of the democratic parties and people's organizations and embracing all socialist working people, all builders of socialism, all patriots who support socialism, all patriots who stand for the reunification of the motherland, and all patriots devoted to the rejuvenation of the Chinese nation. This united front will continue to be consolidated and developed. The Chinese People's Political Consultative Conference, a broadly based representative organization of the united front, which has played a significant historical role, will play a still more important role in the country's political and social life, in promoting friendship with other countries, and in the struggle for socialist modernization and for the reunification and unity of the country. The system of multi-party cooperation and political consultation led by the Communist Party of China will exist and develop for a long time.
The People's Republic of China is a unitary multi-national state created jointly by the people of all its nationalities. Socialist relations of equality, solidarity, mutual assistance, and harmony have been established among all nationalities, and will continue to be strengthened. In the struggle to safeguard the unity of the nationalities, it is necessary to combat big-nation chauvinism, mainly Han chauvinism, and to combat local national chauvinism. The state will do its utmost to promote the common prosperity of all the nationalities.
China's achievements in revolution, construction, and reform are not possible without the support from people all over the world. The future of China is closely linked to the future of the world. China consistently carries out an independent foreign policy, and adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other's internal affairs, equality and mutual benefit, and peaceful coexistence, to the path of peaceful development, and to the reciprocal, win-win, and open strategy in developing diplomatic relations and economic and cultural exchanges with other countries and promoting the building of a community with a shared future for mankind. China consistently opposes imperialism, hegemonism, and colonialism, works to strengthen unity with the people of other countries, supports the oppressed nations and the developing countries in their just struggle to win and preserve national independence and develop their national economies, and strives to safeguard world peace and promote the cause of human progress.
This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.
CHAPTER I GENERAL PRINCIPLES
Article 1 The People's Republic of China is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants.
The socialist system is the basic system of the People's Republic of China. The socialist system is the fundamental system of the People's Republic of China. Disruption of the socialist system by any organization or individual is prohibited.
Article 2 All power in the People's Republic of China belongs to the people. 第二条 中华人民共和国的一切权力属于人民。
The National People's Congress and the local people's congresses at various levels are the organs through which the people exercise state power.
The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law.
Article 3 The state organs of the People's Republic of China apply the principle of democratic centralism.
The National People's Congress and the local people's congresses at various levels are constituted through democratic elections. They are responsible to the people and subject to their supervision.
All administrative, supervisory, judicial, and procuratorial organs of the State are created by the people's congresses, to which they are responsible and by which they are overseen.
The division of functions and powers between the central and local state organs is guided by the principle of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.
Article 4 All nationalities in the People's Republic of China are equal. The State protects the lawful rights and interests of ethnic minorities, and upholds and develops relations of equality, solidarity, mutual assistance, and harmony among all nationalities. Discrimination against and oppression of any nationality are prohibited; any act which undermines the unity of the nationalities or instigates division is prohibited. 第四条 中华人民共和国各民族一律平等。国家保障各少数民族的合法的权利和利益，维护和发展各民族的平等团结互助和谐关系。禁止对任何民族的歧视和压迫，禁止破坏民族团结和制造民族分裂的行为。
The state assists areas inhabited by minority nationalities in accelerating their economic and cultural development according to the characteristics and needs of the various minority nationalities.
Regional autonomy is practiced in areas where people of minority nationalities live in concentrated communities; in these areas organs of self-government are established to exercise the power of autonomy. All national autonomous areas are integral parts of the People's Republic of China.
All nationalities have the freedom to use and develop their own spoken and written languages and to preserve or reform their own folkways and customs.
Article 5 The People's Republic of China practices ruling the country in accordance with the law and building a socialist country of law.
The state upholds the uniformity and dignity of the socialist legal system.
No laws or administrative or local rules and regulations may contravene the Constitution. 一切法律、行政法规和地方性法规都不得同宪法相抵触。
All state organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and the law. All acts in violation of the Constitution or the law must be investigated.
No organization or individual is privileged to be beyond the Constitution or the law. 任何组织或者个人都不得有超越宪法和法律的特权。
Article 6 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 in which the public ownership is dominant and diverse forms of ownership develop side by side and keeps to the distribution system in which distribution according to work is dominant and diverse modes of distribution coexist
Article 7 The state-owned economy, namely, the socialist economy under ownership by the whole people, is the leading force in the national economy. The state ensures the consolidation and growth of the state-owned economy.
Article 8 Rural collective economic organizations implement a two-level management system characterized by the combination of centralized operation with decentralized operation on the basis of household contracted management. Other forms of cooperative economy in rural areas, 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 collective economic organizations 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.
The various forms of cooperative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people. 城镇中的手工业、工业、建筑业、运输业、商业、服务业等行业的各种形式的合作经济，都是社会主义劳动群众集体所有制经济。
The state protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy. 国家保护城乡集体经济组织的合法的权利和利益，鼓励、指导和帮助集体经济的发展。
Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives in accordance with the law.
The state ensures the rational use of natural resources and protects rare animals and plants. Appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited.
Article 10 Land in the cities is owned by the state.
Land in the rural and suburban areas is owned by collectives except for those portions which belong to the state in accordance with the law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives.
The state may, for the public interest, expropriate or take over land for public use, and pay compensation in accordance with the law.
No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The rights to the use of land may be transferred according to law.
All organizations and individuals using land must ensure its rational use. 一切使用土地的组织和个人必须合理地利用土地。
Article 11 The individual economy of urban and rural working people, operating within the limits prescribed by law, is a complement to the socialist public economy. 第十一条 在法律规定范围内的个体经济、私营经济等非公有制经济，是社会主义市场经济的重要组成部分。
The state protects the lawful rights and interests of the non-public sectors of the economy, including individual and private sectors of the economy. The state encourages, supports and guides the development of the non-public sectors of the economy, and exercises supervision and control over the non-public sectors according to law.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 and control over the private sector of the economy.
Article 12 Socialist public property is inviolable.
The state protects socialist public property. Appropriation or damaging of state or collective property by any organization or individual by whatever means is prohibited. 国家保护社会主义的公共财产。禁止任何组织或者个人用任何手段侵占或者破坏国家的和集体的财产。
Article 13 The lawful private property of citizens may not be encroached upon. 第十三条 公民的合法的私有财产不受侵犯。
The state protects by law the right of citizens to own private property and the right to inherit private property.
The state may, for the public interest, expropriate or take over private property of citizens for public use, and pay compensation in accordance with the law.
Article 14 The state continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving the organization of work.
The state practises strict economy and combats waste.
The state properly apportions accumulation and consumption, concerns itself with the interests of the collective and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people. 国家合理安排积累和消费，兼顾国家、集体和个人的利益，在发展生产的基础上，逐步改善人民的物质生活和文化生活。
The state establishes and improves the social security system fitting in with the level of economic development.
Article 15 The state practises socialist market economy.
The state strengthens economic legislation and improves macro-regulation and control. 国家加强经济立法，完善宏观调控。
The state prohibits in accordance with the law any organization or individual from disturbing the social-economic order.
Article 16 State-owned enterprises have decision-making power with regard to their operation within the limits prescribed by law.
State-owned enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with the law.
Article 17 Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws. 第十七条 集体经济组织在遵守有关法律的前提下，有独立进行经济活动的自主权。
Collective economic organizations practise democratic management in accordance with the law, elect or remove their managerial personnel and decide on major issues concerning operation and management.
Article 18 The People's Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic cooperation with Chinese enterprises and other Chinese economic organizations in accordance with the law of the People's Republic of China. 第十八条 中华人民共和国允许外国的企业和其他经济组织或者个人依照中华人民共和国法律的规定在中国投资，同中国的企业或者其他经济组织进行各种形式的经济合作。
All foreign enterprises, other foreign economic organizations as well as Chinese-foreign joint ventures within Chinese territory shall abide by the law of the People's Republic of China. Their lawful rights and interests are protected by the law of the People's Republic of China. 在中国境内的外国企业和其他外国经济组织以及中外合资经营的企业，都必须遵守中华人民共和国的法律。它们的合法的权利和利益受中华人民共和国法律的保护。
Article 19 The state undertakes the development of socialist education and works to raise the scientific and cultural level of the whole nation.
The state establishes and administers schools of various types, universalizes compulsory primary education and promotes secondary, vocational and higher education as well as preschool education.
The state develops educational facilities in order to eliminate illiteracy and provide political, scientific, technical and professional education as well as general education for workers, peasants, state functionaries and other working people. It encourages people to become educated through independent study.
The state encourages the collective economic organizations, state enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with the law.
The state promotes the nationwide use of Putonghua (common speech based on Beijing pronunciation).
Article 20 The state promotes the development of the natural and social sciences, disseminates knowledge of science and technology, and commends and rewards achievements in scientific research as well as technological innovations and inventions. 第二十条 国家发展自然科学和社会科学事业，普及科学和技术知识，奖励科学研究成果和技术发明创造。
Article 21 The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and institutions and neighborhood organizations, and promotes health and sanitation activities of a mass character, all for the protection of the people's health.
The state develops physical culture and promotes mass sports activities to improve the people's physical fitness.
Article 22 The state promotes the development of art and literature, the press, radio and television broadcasting, publishing and distribution services, libraries, museums, cultural centers and other cultural undertakings that serve the people and socialism, and it sponsors mass cultural activities.
The state protects sites of scenic and historical interest, valuable cultural monuments and relics and other significant items of China's historical and cultural heritage. 国家保护名胜古迹、珍贵文物和其他重要历史文化遗产。
Article 23 The state trains specialized personnel in all fields who serve socialism, expands the ranks of intellectuals and creates conditions to give full scope to their role in socialist modernization.
Article 24 The state strengthens the building of a socialist society with an advanced culture and ideology by promoting education in high ideals, ethics, general knowledge, discipline and legality, and by promoting the formulation and observance of rules of conduct and common pledges by various sections of the people in urban and rural areas.
The state advocates core socialist values and the civic virtues of love of the motherland, of the people, of labor, of science, and of socialism, provides education among the people on patriotism, collectivism, internationalism, and communism and on dialectical and historical materialism, and opposes capitalist, feudal, and other decadent ideas. 国家倡导社会主义核心价值观，提倡爱祖国、爱人民、爱劳动、爱科学、爱社会主义的公德，在人民中进行爱国主义、集体主义和国际主义、共产主义的教育，进行辩证唯物主义和历史唯物主义的教育，反对资本主义的、封建主义的和其他的腐朽思想。
Article 25 The state promotes family planning so that population growth may fit the plans for economic and social development.
Article 26 The state protects and improves the environment in which people live and the ecological environment. It prevents and controls pollution and other public hazards. 第二十六条 国家保护和改善生活环境和生态环境，防治污染和其他公害。
The state organizes and encourages afforestation and the protection of forests.
Article 27 All state organs carry out the principle of simple and efficient administration, the system of responsibility for work and the system of training functionaries and appraising their performance in order to constantly improve the quality of work and efficiency and combat bureaucratism.
All state organs and functionaries must rely on the support of the people, keep in close touch with them, hear their opinions and suggestions, accept their supervision and do their best to serve them.
State functionaries shall take a public oath to the Constitution according to the law when taking office.
Article 28 The state maintains public order and suppresses treasonable and other criminal activities that endanger national 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.
Article 29 The armed forces of the People's Republic of China belong to the people. Their tasks are to strengthen national defence, resist aggression, defend the motherland, safeguard the people's peaceful labour, participate in national reconstruction and do their best to serve the people.
The state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase national defence capability.
Article 30 The administrative division of the People's Republic of China is as follows: 第三十条 中华人民共和国的行政区域划分如下：
(1) The country is divided into provinces, autonomous regions and municipalities directly under the Central Government;
(2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities;
(3) Counties and autonomous counties are divided into townships, nationality townships, and towns.
Municipalities directly under the Central Government and other large cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities.
All autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas.
Article 31 The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in light of the specific conditions. 第三十一条 国家在必要时得设立特别行政区。在特别行政区内实行的制度按照具体情况由全国人民代表大会以法律规定。
Article 32 The People's Republic of China protects the lawful rights and interests of foreigners within Chinese territory; foreigners on Chinese territory must abide by the laws of the People's Republic of China.
The People's Republic of China may grant asylum to foreigners who request it for political reasons.
CHAPTER II THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Article 33 All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China.
All citizens of the People's Republic of China are equal before the law.
The state respects and protects human rights.
Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and the law.
Article 34 All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except persons deprived of political rights according to law. 第三十四条 中华人民共和国年满十八周岁的公民，不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限，都有选举权和被选举权；但是依照法律被剥夺政治权利的人除外。
Article 35 Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Article 36 Citizens of the People's Republic of China enjoy freedom of religious belief.
No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state.
Religious bodies and religious affairs are not subject to any foreign domination. 宗教团体和宗教事务不受外国势力的支配。
Article 37 Freedom of the person of citizens of the People's Republic of China is inviolable.
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