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Details of the amendments to the Constitution
(China Daily)
Updated: 2004-03-15 08:30
China's top legislature closed its annual session Sunday after endorsing
landmark amendments to the Constitution, which highlight the protection of
private property and enshrines human rights. The amendments were adopted with an
overwhelming 2,863 votes in favour, 10 against and 17 abstentions at the closing
meeting of the Second Session of the 10th National People's Congress (NPC). The
following is the detailed amendments.
"... along the road of building socialism with Chinese
characteristics..." and "...under the guidance of Marxism-Leninism, Mao Zedong
Thought and Deng Xiaoping Theory..."
Revised to:
"... along the road of Chinese-style socialism..." and "...under the guidance
of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important
thought of 'Three Represents'..."
2 Seventh paragraph of the Preamble:
After "... to modernize the industry, agriculture, national defence and
science and technology step by step..."
Is added:
"... promote the co-ordinated development of the material, political and
spiritual civilizations..."
3 The second sentence of the 10th paragraph of the Preamble:
"In the long years of revolution and construction, there has been formed
under the leadership of the Communist Party of China a broad patriotic united
front that is composed of the democratic parties and people's organizations and
embraces all socialist working people, all patriots who support socialism, and
all patriots who stand for the reunification of the motherland. This united
front will continue to be consolidated and developed."
After "... a broad patriotic united front that is composed of the democratic
parties and people's organizations and embraces all socialist working people..."
is added "... all builders of socialism, ..."
4 Third paragraph of Article 10:
"The State may, in the public interest, requisition land for its use in
accordance with the law."
Revised to:
"The State may, in the public interest and in accordance with the provisions
of law, expropriate or requisition land for its use and shall make compensation
for the land expropriated or requisitioned."
5 Second paragraph of Article 11:
"The State protects the lawful rights and interests of the individual and
private sectors of the economy, and exercises guidance, supervision and control
over individual and the private sectors of the economy."
Revised to:
"The State protects the lawful rights and interests of the non-public sectors
of the economy such as the individual and private sectors of the economy. The
State encourages, supports and guides the development of the non-public sectors
of the economy and, in accordance with law, exercises supervision and control
over the non-public sectors of the economy."
6 Article 13:
"The State protects the right of citizens to own lawfully earned income,
savings, houses and other lawful property." and "The State protects according to
law the right of citizens to inherit private property."
Revised to:
"Citizens' lawful private property is inviolable" and "The State, in
accordance with law, protects the rights of citizens to private property and to
its inheritance" and "The State may, in the public interest and in accordance
with law, expropriate or requisition private property for its use and shall make
compensation for the private property expropriated or requisitioned."
7 Article 14 has a fourth paragraph added:
"The State establishes a sound social security system compatible with the
level of economic development."
8 Article 33 has a third paragraph added:
"The State respects and preserves human rights."
9 The first paragraph of Article 59 is revised to:
"The National People's Congress is composed of deputies elected from the
provinces, autonomous regions and municipalities directly under the Central
Government and of deputies elected from the armed forces. All the minority
nationalities are entitled to appropriate representation."
Revised to:
"The National People's Congress is composed of deputies elected from the
provinces, autonomous regions, municipalities directly under the Central
Government, and the special administrative regions, and of deputies elected from
the armed forces. All the minority nationalities are entitled to appropriate
representation."
10 On "State of Emergency"
Subparagraph 20 of Article 67:
"... to decide on the imposition of martial law throughout the country or in
particular provinces, autonomous regions, or municipalities directly under the
Central Government."
Revised to:
"... to decide on entering the state of emergency throughout the country or
in particular provinces, autonomous regions, or municipalities directly under
the Central Government."
Article 80:
"The President of the People's Republic of China ... proclaims martial law,
..."
Revised to:
"... proclaims entering of the state of emergency, ..."
Subparagraph 16 of Article 89:
"... to decide on the imposition of martial law in parts of provinces,
autonomous regions and municipalities directly under the Central Government..."
Revised to:
"... in accordance with the provisions of law, to decide on entering the
state of emergency in parts of provinces, autonomous regions, and municipalities
directly under the Central Government..."
11 Article 81:
"The President of the People's Republic of China receives foreign diplomatic
representatives on behalf of the People's Republic of China."
Revised to:
"The President of the People's Republic of China, on behalf of the People's
Republic of China, engages in activities involving State affairs and receives
foreign diplomatic representatives."
12 Article 98:
"The term of office of people's congresses of provinces, municipalities
directly under the Central Government, counties, cities and municipal districts
is five years. The term of office of the people's congresses of townships,
nationality townships and towns is three years."
Revised to:
"The term of office of the local people's congresses at various levels is
five years."
13 Provision on the National Anthem:
Title of Chapter IV:
"The National Flag, the National Emblem and the Capital"
Revised to:
"The National Flag, the National Anthem, the National Emblem and the Capital"
Article 136 has a second paragraph added:
"The National Anthem of the People's Republic of China is the March of the
Volunteers."
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