Political system and structure of the State

Constitution

After the foundation of the People's Republic of China in 1949, four constitutions were elaborated: the one of 1954, the one of 1975, the one of 1978 and the effective one of 1982.

The present Constitution was elaborated by means of discussions between all the town. It was approved and promulgated for his execution the 4 of December of 1982, in the V Session of the V National Popular Assembly. This Constitution has inherited the basic principles of first, summarizes the experiences of development of the socialism in this country and assimilates international experiences, considers the reality at the same time from the moment and the perspective from the development. By all that it is a Constitution with Chinese peculiarities, accommodated to the demands of the political, economic and cultural development of the new historical stage of the socialist modernization.

The Constitution consists of an Introduction and 138 articles divided in four chapters: General principles; rights and fundamental duties of the citizens; structure of the State; national flag, national shield, national anthem and capital. In the I Session of VII the National Popular Assembly of April of 1988, the I Session of VIII the National Popular Assembly of March of 1993, and II the Session of IX the National Popular Assembly of March of 1999, agendas for the modification of the Constitution were approved with the purpose of to accommodate to the demands of the present situation and the development.

The Constitution establishes: The People's Republic of China is a socialist State of popular democratic dictatorship, directed by the class working and based on the alliance worker-farmer; China will be during a period prolonged in the primary stage of the socialism, the fundamental task of the State is in concentrating forces to carry out the socialist modernization marching by the socialist way with Chinese peculiarities; guidance by the thought of Marx, Lenin, Mao Zedong and the theory of Deng Xiaoping, under the direction of the Communist Party of China all the Chinese town will persist in the popular democratic dictatorship, will persist in the socialist way, will persist in the reform and opening, will perfect the socialist system continuously, will develop the socialist market economy, will take in stop the socialist democracy, will fortify the socialist legal system, applying independence and autodecisión will fight hard and without rest, by the modernization of the industry, agriculture, the national defense and science and technology, and will make of China a powerful, prosperous, democratic and civilized country socialist.

The Constitution guarantees the fundamental rights of all the citizens and includes the rights to choose and to be chosen; the freedom of expression, presses, meeting, association, parades and manifestations; the freedom to profess religious beliefs; the immunity of the individual freedom, the personal dignity and the address; the legal protection of the freedom and immunity of the correspondence; the rights to criticize, to present/display proposals and to supervise to all the state organs and their personnel; the rights to the work, the rest and to obtain social and state material aid in the cases of oldness, disease or labor incapacity; the right to receive education and freedom to realize scientific studies, literary, artistic creations and other cultural activities. In addition, the Constitution also entails clauses with respect to the democratic administration of the basic organizations and the autonomic rights of the masses, making possible to the town to administer the economic, cultural and social subjects directly, for example, the state companies and the collective economic organizations apply to the democratic administration by means of the assemblies of employees and workers or conferences of their representatives. The urban neighbor committees and the committees of villagers realize the autonomy of the masses, execute the subjects public and of public well-being of the zones where they live, they reflect before the government the critics and opinions of the masses, their demands and raise their requests.

Human rights

The Chinese Government highly appreciates the Universal Declaration on the Human rights and considers that this declaration is the first international document that systematically raises the respect and the protection of the fundamental human rights, establishing the base for the practice of the international human rights. At the same time it thinks that the application of the general principles of the human rights with the national situation of the diverse countries is due to combine. Due to the difference of social systems, historical and cultural levels of the economic development, traditions of the diverse countries, their observations and methods on the human rights logically are not equal.

From the national situation and history, according to the experiences acquired during long time, China it has his own concept on the human rights and has elaborated concerning laws and policies. The characteristics are: 1. Ample character. All the Chinese town enjoys the human rights, and it is not the social benefit of a part of the people, classes and layers. The human rights of the Chinese citizens are ample. Besides the rights to the subsistence, to the individual freedom and the policy, the Chinese citizen enjoys of economic, cultural and social rights. The State grants much attention to guarantee the individual human rights, and simultaneously the groups. 2. Character just. All the Chinese citizens are equal before the law. The citizens also enjoy the diverse civic rights settled down by the Constitution and the law without taking like norm the difference from their possessions, their economic situation or its ethnic group, race, sex, profession, familiar origin, religious belief, level of training or time of residence. 3. Real character. The State lends the guarantee of system, law and matter to make reality the human rights. In the real life, the rights enjoyed by people are equal to the diverse rights of the citizens established by the Constitution and the law. For that reason the State has won the support of the town of diverse nationalities and social layers, and of diverse parties, popular groupings and social sectors.

For a country or a nation the human rights first of all mean the rights from the town to the subsistence and the development is the base of the promotion and protection of the human rights. After the foundation of the People's Republic of China the Chinese Government always took the solution from the problem of the clothes and the food of the town like the key of his work and the most urgent task, and delivered attacks untiring. In 1979, China transferred the point of clavedad of its work to the economic construction, it put in practice the policy of reform and opening, and enormously impelled the development of the social productive forces. By the end of the decade of the 80 to the problems of clothes and food of the town basically had been solved, and simultaneously the problem of the right from the town to the subsistence. Flood of China confidence impels the reform and the opening, develops the national economy so that the life of the town reaches the standard of life modestly accommodated.

Social parties and organizations

China is a country of numerous political parties. Besides the Communist Party of China, that is in the Power, eight political parties with the generic name of “democratic parties” exist. From their creation, the democratic parties collaborate in different degrees with the Communist Party from China. They responded successively to the call of the Communist Party of China for the call of Political a Consultative Conference of the Chinese Town (CCPPCh). In September of 1949, the Communist Party of China and democratic personalities celebrated the First Plenary Session of the CCPPCh. In the session they approved the “Program Common”, that it had the character of provisional Constitution and chose the Central Popular Government. In this way the People's Republic of China was born.

From the foundation of the Popular Republic, all the democratic parties participate in concientious way in the consultation and decision of the important subjects of the political life of the State. Many representatives of these parties are delegated to the popular and representing assemblies before Political the Consultative Conference of the Chinese Town in their diverse levels. In the permanent committees of the popular assemblies, the committees of political the consultative conferences, the governmental organisms, economic, cultural, educational, scientific and technological the departments of diverse levels, few militants his are not in positions leaders. The democratic parties of China are not divided outside the Power, opposition party either, but friendly of the Communist Party of China. They are started off participant in the Power.

With the Communist Party of China they maintain a relation of “lasting coexistence and mutual supervision, reciprocal deal with the heart in the hand and intimate company as much in the glory as in the misfortune”.

Communist party of China the Communist Party of China (PCCh) was based on 1921 July. At the moment it counts with more than 60.000.000 of members. From 1921 to 1949, the PCCh directed to the Chinese town in the arduous fight against imperialism, the feudalism and bureaucratic Capitalism, and managed to establish the People's Republic of China. After the foundation of the Popular Republic, the PCCh directs to the town of all the ethnic groups to safeguard the independence and the security of the country, to carry out the change of the new democracy in the socialism, and to develop of planned way and in great spread the socialist construction, causing that the economy and the culture of China obtain a development without precedents.

In September of 1997, the PCCh celebrated its XV National Congress, that has an historical meaning of extreme importance. In this congress the theory of Deng Xiaoping was determined as the thought guides of all the Party; the fundamental program of the Party in the primary stage of the socialism considered; the basic goals and for the economic, political and cultural development were elaborated fundamental political. The congress indicated with clarity: The period that is counted from today to the first ten years of the coming century, is the key period for the modernization of China. In that period, it is necessary to promote a radical transformation in the economic system and the modality of economic growth, to establish an economic system of relatively perfect socialist market, and to maintain the national economy in a maintained, accelerated and healthy development, throwing solid foundations to realize the modernization in the middle of the century that comes. At present, the PCCh directs to the town of all the country in the construction of the socialism with Chinese peculiarities and it strives to reach his final mission, the Comunism.

The maximum organs leaders of the PCCh are their National Congress that is celebrated every five years and the created Central Committee in him, who sesiona in the heat of at least every year. The Plenary Session of the Central Committee chooses the Political Bureau, the Permanent Committee of the Political Bureau and the Secretary General of the Central Committee and decides the composition of the Secretaryship of the Central Committee. The Political Bureau and its Permamente Committee exert the functions of the Central Committee during the interval of the plenary sessions of the Central Committee. The Secretaryship of the Central Committee is the executive organism of the Political Bureau and its Permanent Committee. The Secretary General is in charge to summon the meetings of the Political Bureau and its Permanent Committee and presides over the work of the Secretaryship. Jiang Zemin is the present Secretary General of the Central Committee of the PCCh.

Revolutionary committee of the Guomindang of China Founded on January of 1948, owns more than 60,000 members. The present President of its Central Committee is There am Luli. Their members and the related masses are mainly ex--guomindanistas and personages who have historical relations with the Guomindang.

Democratic league of China was based on October of 1941. Now it has more than 144,000 members. Ding Shisun is the President of its Central Committee. Their militants and the related masses are generally intellectual of the layers average superior and.

Association of the Democratic Construction of China was created in December of 1945. Count with more than 78,000 militants mainly coming from the economic circles and their related masses is studious and expert in the matter. His President is Cheng Siwei.

China association by the Democracy settled down in December of 1945. More than 74,000 members and their related masses intellectual they are dedicated to education, the culture, sciences and the editions. Xu Jialu is the President of its Central Committee.

Democratic party of Farmers and Workers of China Created in August of 1930, counts with more than 74,000 members. The President of his Central Committee is Jiang Zhenhua. Their members and related masses are mainly intellectual of medical and sanitary, scientific, technological, cultural and educational the circles.

Zhigongdang of China Was born in October of 1925. Their 18,000 members and the related people mainly Chinese overseas are returned to the mother country and their relatives, as well as erudite and expert representative who have relations with the outside. The President of his Central Committee is Luo Haocai.

Society “3 of September” was based on December of 1944. Count with more than 78,000 militants. Wu Jieping is the President of its Central Committee. Their militants and the related masses are intellectual of the layers average superior and of scientific, technological, cultural, educational, medical and sanitary the circles.

League for the Democracy and the Autonomy of Taiwan settled down in November of 1947. His more than 1,800 members, and the masses that have relations with them, they are native of Taiwan, and they live in the continent. Zhang Kehui is the President of the Central Presidium.

In China numerous social organizations exist and in the following lines the main ones are mentioned:

National federation of Unions of China Is the maximum organ national leader of all the union organizations, including those of the different economic sectors. It was created in May of 1925. At the moment it counts on 89.130.000 members. Wei Jianxing is the President of its Executive Committee.

National confederation of Young people of China Is a joint organization of the diverse youthful groupings of the country. One was based on May of 1949. At the moment Bayin Chaolu is the President of the National Confederation. Between its collective members, Liga of the Communist Youth of China is the nucleus of the Confederation. Liga, founded on May of 1922, is a massive organization of the Chinese young people of outpost and has 68.710.000 of members. The First Secretary of the Secretaryship of the Central Committee of Liga of the Communist Youth of China is Zhou Qiang.

National federation of Women of China Is a social massive organization of the Chinese women, of all the circles and ethnic groups, united to obtain still greater emancipation. One formed in April of 1949. Peng Peiyun is the President of the Executive Committee.

System of popular assemblies

In China all the power belongs to the town. The organs by means of which this one has the state power are the National Popular Assembly and the local popular assemblies of the diverse levels. For that reason, the system of popular assembly, that is to say, became the fundamental political system of China its political regime. Their basic characteristics are: having ample representativeness it is the basic form as the town administers the State; practicing the principles of democratic centralism one makes sure, on the one hand, that the town enjoys widely the democracy and its rights and, on the other, guarantees the centralization and unification of the state powers. With the requirement of the unified exercise of the state powers by the assembly, to the executive authorities, judicial, fiscal and the direction of the Armed Forces of the State are divided clearly. This makes possible that the administration, the courts, the office of the public prosecutor and other organs of the State work in coordination and of unanimous way.

The deputies to the popular assemblies are chosen democratically, respond before the town and they are put under its control. They come from the diverse social sectors, social regions, ethnic groups, classes and layers, for that reason they own ample representativeness. They come from the town and they maintain close relations with the electoral organizations and the voters, for that reason they know the opinions and demands of the town. When discussing the policies and directions of the State in the popular assemblies, the deputies can set out their opinions totally and, once made the decision they apply, it jointly. This way, the popular will is concentrated, and the town administers the state subjects through the popular assemblies.

Percentage distribution of the deputies to IX the National Popular Assembly:

18.87% of workers and farmers

21.05% of intellectuals

32.87% of square leaders

15.42% of deputies of the democratic parties and patriotic personalities without party

8.98% of members of the Popular Army of Liberation

1.17% of deputies of Special the Administrative Region of Hong Kong

0.40% of deputies of Special the Administrative Region of Macao

Chinese 1.24% of overseas returned to the country

21.81% of deputies

Cooperation between the parties and political consultations

China is a country with many ethnic groups and parties. So that the State makes the fundamental measures or decisions from the important problems on the national economy and the life of the town, the PCCh, like party in the Power, consults previously with the representatives of the different ethnic groups, social parties, circles and personalities without party with the purpose of to obtain the same knowledge. This system of cooperation and political consultations between the diverse political parties under the direction of the Communist Party of China constitutes basic the political system of China.

The cooperation with the different political parties has these two main forms: political the Consultative Conference of the Chinese Town; the consultative conferences and the forums of the democratic parties and personalities without party summoned by the Central Committee of the PCCh or its local committees.

Political the Consultative Conference of the Chinese Town is not a state organ within the state structure nor is equal to the social groups generally, is the amplest organization of the patriotic unique front.

Founded on September of 1949, it has a National Committee and local committees of levels provincial (of independent region, municipality directly subordinated to the central Power), distrital (or of municipality), etc. is composed by the representatives of the PCCh, democratic parties, democratic without popular party, organizations, ethnic minorities and social sectors, compatriots of Taiwan, Hong Kong and Macao, Chinese overseas returned to the mother country and invited personalities. The committees of the different levels celebrate every year a plenary session. In ordinary times they organize to his members in the special activities or inspect in diverse places; they consult the important policies of the State, the local subjects of importance, the problems front unique and the related ones to the life of the town. When presenting/displaying their opinions, proposals and critics, supervise of democratic way the works of the state organs and the fulfillment of the Constitution and the laws. When the popular assemblies sesionan to discuss the problems, invite to members of Political the Consultative Conference and listen to their observations. The present President of the National Committee of Political the Consultative Conference of the Chinese Town is Li Ruihuan.

National symbols

The national flag of the People's Republic of China is a red rectangular pavilion, with five yellow stars.

The red color symbolizes the revolution and the yellow of stars, the brightness of the light in a red earth. The greater star represents the PCCh, and the small ones, to the Chinese town. The mutual relation between five stars symbolizes the great union of the town under the direction of the PCCh.

The national shield of the People's Republic of China in center takes the tribune of Tian´anmen under the light of five stars. A gear is bordered by ears and. The ears of wheat and rice, the five stars, Tian´anmen and the gear are of gold. The field of the shield and the flag gathered in the edge inferior are of red color.

These two enamels, red gold and, are traditional colors that express, in China, the fortune and the joy.

Tian´anmen symbolizes the indoblegable national spirit of the Chinese town to fight imperialism and the feudalism. The gear and the ears represent, respectively, to the working class and the peasantry; the five stars indicate the great union of the Chinese town under the direction of the PCCh.

The letter of the national anthem was created in 1935 by Tian poet Are and music by the composer Nie Er.

Standing up,

those that refuse the slavery!

With our meat and it bleeds, we raise a new Great Wall.

The Chinese nation faces its greater danger,

and from each pressed chest the last call arises.

Standing up, standing up, standing up!

We are million hearts that bark in unison.

Defying the enemy fire, we march!

Defying the enemy fire, we march!

We march, we march, ahead!

Its original title was “March of the volunteers”, the song of the main subject of the film “Children and daughters of China”, that it describes how, when the Japaneses invaded to the northeast of the country in the decade of the 30, the Chinese nation crossed a critical situation of life or death and the town marched with bravery towards the antiJapanese front.

Structure of the State

The structure of the State of the People's Republic of China consists of:

- Bodies of the power of the State: National Popular assembly (APN) and local popular assemblies of the diverse levels.

- President of the People's Republic of China.

- Administrative Bodies of the State: Advice of State and local popular governments of the different levels.

- Military directive Body of the State: Central Military commission (CMC).

- Judicial Bodies of the State: Supreme Popular court (TPS), local popular courts of the diverse levels and special popular courts.

National Popular assembly

The National Popular Assembly is the supreme organ of the power of the State. It is composed by the delegates chosen by the independent provinces, regions, the municipalities subordinated directly to the central Power, special the administrative regions and the army. It has the legislative power; it modifies the Constitution and it supervises his fulfillment; it examines and it approves the plan of the national economy and social development and the information on his execution; it examines and it adopts the budgets of the State and the information on his execution; it chooses and it appoints the directive personnel of the supreme state organisms; it chooses to the members of the Permanent Committee of the National Popular Assembly, to the President and the Vice-president of the RPCh; it decides the appointment of Prime minister and other members of the Council of State; it chooses the President of the Central Military Commission and decides the appointment of the other members of this one; it chooses to the President of the Supreme Popular Court and the General prosecutor of the Supreme Popular Office of the public prosecutor; it must right to dismiss them.

The National Popular Assembly renews every five years and, generally sesiona once a year. During the intervals of the sessions of the National Popular Assembly, its permanent organ, the Permanent Committee, has the power of the State. The Permanent Committee of the National Popular Assembly is made up of the President, the Vice-presidents, the Secretary General and the members, and it is not allowed them to carry out positions in the administrative agencies, judicial or supervise of State. The meetings of the Permanent Committee take place once every two months as a rule and the ordinary workings of importance are treated in the presidential meetings, composed by the President, the Vice-presidents and the Secretary General of the Permanent Committee. The present President of the Permanent Committee of the National Popular Assembly of the People's Republic of China is Li Peng.

President of the RPCh

Advice of State

The Council of State, that is to say, the Central Popular Government, is the supreme administrative agency of the country. He applies to the laws and the resolutions of the National Popular Assembly and their Permanent Committee. Also he responds to them and he informs into his work. The main duties that the Council of S-state carries out: in agreement with the Constitution and the laws, to define the administrative measures, to elaborate administrative dispositions, to emit decisions and to issue orders; to direct of unified way the subordinated workings of the diverse ministries, commissions and other organisms; to direct of unified way the work of the state administrative local organisms of the diverse levels of all the country; to draw up and to put in execution the plan of the national economy and social development and the budgets of the State; to direct and to administer economic workings, the urban and rural construction, the education, science, and the culture, the salubrity, the sports, the familiar planning, the civil subjects, the public security and the judicial administration, the supervision and the national defense. Also it administers the outer subjects, it concludes deal and agreements with other countries; according to the laws, it appoints, it dismisses, it enables, it examines, it awards and it sanctions the executive personnel.

The Council of State is made up of Prime minister, Prime minister, the Advisers of State, the Ministers, the Presidents of Commissions, the General Auditor and the Secretary General. The structure of the Council of State and the holders of the diverse departments (ministries) are the following: (the following table is seen) Advice of State

Prime minister: Zhu Rongji

Prime minister: Li Lanqing, Qian Qichen, Wu Bangguo and Wen Jiabao

Advisers of State: Chi Haotian, Luo Gan, Wu Yi (woman), Ismail Amat (uigur) and Wang Zhongyu

Departments of organisms of the macroeconomic regulation and the control

State commission of Planning of Development Director: Zeng Peiyan

State commission of Economy and Commerce Director: Sheng Huaren

Ministry of Property Minister: Xiang Huaicheng

Popular bank of China

President: Dai Xianglong

Departments of the administration of the specialized economy

Ministry of Railroads Minister: Fu Zhihuan

Ministry of Transports Minister: Huang Zhendong

Ministry of Construction Minister: Yu Zhengsheng

Ministry of Agriculture Minister: Chen Yaobang

Hydraulic Work ministry Minister: Wang Shucheng

Ministry of Commerce and Cooperation with the Outer Minister: Shi Guangsheng

Ministry of Computer science Industry Minister: Wu Jichuan

State commission of Sciences and Technology and Industry for the National Denfesa Director: Liu Jibin

Departments of the administration of education, science, technology, culture, social security and resources

Ministry of Science and Technology Minister: Zhu Lilan

Ministry of Education Minister: Chen Zhili

Ministry of Work and Social Security Minister: Zhang Zuoji

Ministry of Personal Minister: Song Defu

Ministry of Earth and Natural Resources Minister: Tian Fengshan

Departments of political subjects of the State

Ministry of Outer Relations Minister: Tang Jiaxuan

Ministry of National defense Minister: Chi Haotian (simultaneous position)

Ministry of Culture Minister: Sun Jiazheng

Ministry of Public Health Minister: Zhang Wenkang

State commission of Familiar Planning Director: Zhang Weiqing

State commission of Ethnic Subjects Director: Li Dezhu (Korean)

Ministry of Justice Minister: Gao Changli

Ministry of Public Security Minister: Jia Chunwang

Ministry of State Security Minister: Xu Yongyue

Ministry of Civil Subjects Minister: Doije Cirang (tibetano)

Ministry of Supervision Minister: There am Yong

Central Military commission

The Central Military Commission of the People's Republic of China is the military supervising agency of the country. It directs the Armed Forces of the Nation, that are composed by the Popular Army of Liberation, the armed police and the militia. The task of the Popular Army of Liberation consists of consolidating the national defense, resisting any aggression, to defend and to construct the mother country and to strive to serve the town; the Units of Armed police Popular have, mainly, the missions of border defense, internal guard and security; the militiamen are Armed Forces of the masses without divorcing of the production.

The Central Military Commission is composed by the President, the Vice-presidents and the members. Jiang Zemin is the present President of the Central Military Commission.

Local popular assemblies and local popular governments of the diverse levels

Having the present administrative divisions like organizations, the State respectively establishes the popular assemblies (with a permanent committee in those of distrital level upwards) and the popular governments.

The local popular assemblies of the diverse levels are the local organs of the power of the State. They act as to decide the important subjects within his jurisdiction. The popular assemblies of the provinces, independent regions and municipalities directly subordinated to the central Power have attributions to elaborate legal regulations of local character.

Popular courts

The popular courts are the judicial organs of the State. The State installs Supreme Popular Court, popular courts of high level in the provinces, independent regions and municipalities directly subordinated to the central Power, those of intermediate level and the basic ones. The Supreme Popular Court is the maximum judicial organ of the State. He responds before the National Popular Assembly and its Permanent Committee. He supervises the judicial action of the local popular courts and special the popular courts, such as the military courts, etc. The present President of the Supreme Popular Court is Xiao Yang.

Popular offices of the public prosecutor

The popular offices of the public prosecutor are the organs of the State that supervise the application of the laws. Its institution corresponds to the one of the popular courts. The present General prosecutor of the Supreme Popular Office of the public prosecutor is Are Shubin.

The popular offices of the public prosecutor fulfill their tasks by means of the execution of the supervise power. Before the crimes against the state security, the public security and the personal and democratic rights of the citizens, the popular offices of the public prosecutor have the supervise power. They examine the lawsuits investigated by the organisms of public security to decide if they realize the halting, accusation, or nonaccusation. They present/display and they support the judgment before the penal cases. They supervise the popular activities of the public security elements, courts, the jail, the houses under safekeeping, the reformatorios, etc.