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After the founding of the People’s Republic of China in 1949, four
Constitutions have been formulated successively in 1954, 1975, 1978 and
1982. The present Constitution, promulgated in 1982, includes four chapters
in addition to the Preamble: “General Principles,” “The
Fundamental Rights and Duties of Citizens,” “The Structure
of the State, and “The National Flag, the National Emblem and the
Capital,” totaling 138 articles. Revisions and amendments to some
articles of the Constitution were made and adopted by the National People’s
Congress in 1988, 1993 and 1999.
The Constitution guarantees the basic rights and interests of citizens,
including the right to vote and stand for election; freedom of speech,
of the press, of assembly, of association, of procession and of demonstration;
freedom of religious belief; the inviolability of the freedom of the person,
the personal dignity and the residences; freedom and privacy of correspondence;
the right to criticize and make suggestions to any state organ or functionary
and exercise supervision; the right to work and rest and the right to
material assistance from the state and society when they are old, ill
or disabled; and the right to receive education and freedom to engage
in scientific research, literary and artistic creation and other cultural
pursuits.
China’s legal system includes laws of seven categories: the Constitution
and related laws, civil and commercial laws, administrative laws, economic
laws, social laws, criminal laws, and litigation and non-litigation procedural
laws. Since 1979, legal system building in China has developed rapidly
and in an all round way. By the end of 2001, more than 400 laws and legal
decisions had been made by the NPC and its Standing Committee, about 1,000
administrative laws and regulations made by the State Council, and more
than 10,000 local laws and regulations made by local people’s congresses,
covering political, economic and social fields. A comparatively complete
legal system is now basically in place in China. |