Basic Law Full Text - PDA - chapter (1)
Chapter I General Principles
The socialist system is the fundamental system of the People’s Republic of China. Leadership by the Communist Party of China is the defining feature of socialism with Chinese characteristics. It is prohibited for any organization or individual to damage the socialist system.
The organs through which the people exercise state power are the National People’s Congress and the local people’s congresses at all levels.
The people shall, in accordance with the provisions of law, manage state affairs, economic and cultural undertakings, and social affairs through various channels and in various ways.
The National People’s Congress and the local people’s congresses at all levels shall be created through democratic election and shall be responsible to the people and subject to their oversight.
All administrative, supervisory, adjudicatory and procuratorial organs of the state shall be created by the people’s congresses and shall be responsible to them and subject to their oversight.
The division of functions and powers between the central and local state institutions shall honor the principle of giving full play to the initiative and motivation of local authorities under the unified leadership of the central authorities.
The state shall, in light of the characteristics and needs of all ethnic minorities, assist all ethnic minority areas in accelerating their economic and cultural development.
All areas inhabited by ethnic minorities shall practice regional autonomy, establish autonomous organs, and exercise the power to selfgovern. All ethnic autonomous areas are inseparable parts of the People’s Republic of China.
All ethnic groups shall have the freedom to use and develop their own spoken and written languages and to preserve or reform their own traditions and customs.
The state shall safeguard the unity and sanctity of the socialist legal system.
No law, administrative regulation or local regulation shall be in conflict with the Constitution.
All state organs and armed forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. Accountability must be enforced for all acts that violate the Constitution or laws.
No organization or individual shall have any privilege beyond the Constitution or the law.
In the primary stage of socialism, the state shall uphold a fundamental economic system under which public ownership is the mainstay and diverse forms of ownership develop together, and shall uphold an income distribution system under which distribution according to work is the mainstay, while multiple forms of distribution exist alongside it.
The various forms of cooperative economic activities in cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, shall all be part of the socialist economy under collective ownership by the working people.
The state shall protect the lawful rights and interests of urban and rural collective economic organizations and shall encourage, guide and assist the growth of the collective sector of the economy.
The state shall ensure the rational use of natural resources and protect rare animals and plants. It is prohibited for any organization or individual to seize or damage natural resources by any means.
Land in rural and suburban areas is owned by collectives except for that which belongs to the state as prescribed by law; housing sites and cropland and hillsides allotted for private use are also owned by collectives.
The state may, in order to meet the demands of the public interest and in accordance with the provisions of law, expropriate or requisition land and furnish compensation.
No organization or individual shall unlawfully transfer land through seizure, sale and purchase, or in any other form. Land-use rights may be transferred in accordance with the provisions of law.
All organizations and individuals using land must use it in an appropriate manner.
The state shall protect the lawful rights and interests of non-public economic sectors such as individually owned and private businesses. The state shall encourage, support and guide the development of non-public economic sectors and exercise oversight and regulation over non-public economic sectors in accordance with law.
The state shall protect socialist public property. It is prohibited for any organization or individual to seize or damage state or collective property by any means.
The state shall protect the right of citizens to own and inherit private property in accordance with the provisions of law.
The state may, in order to meet the demands of the public interest and in accordance with the provisions of law, expropriate or requisition citizens’ private property and furnish compensation.
The state shall practice strict economy and combat waste.
The state shall appropriately handle accumulation and consumption, give due consideration at once to the interests of the state, collectives and individuals and, based on the development of production, gradually improve the material and cultural wellbeing of the people.
The state shall establish a sound social security system compatible with the level of economic development.
The state shall strengthen economic legislation and improve macro regulation.
The state shall, in accordance with law, prohibit disruption of the socioeconomic order by any organization or individual.
State-owned enterprises shall, in accordance with the provisions of law, practice democratic management through employee congresses and other means.
Collective economic organizations shall practice democratic management and shall, in accordance with the provisions of law, elect and remove their management personnel and decide on major issues concerning their operations and management.
All foreign enterprises, other foreign economic organizations and Chinese-foreign joint ventures in the territory of China shall abide by the law of the People’s Republic of China. Their lawful rights and interests shall be protected by the law of the People’s Republic of China.
The state shall run schools of all types, provide universal compulsory primary education, develop secondary, vocational and higher education, and also develop preschool education.
The state shall develop different types of educational facilities, eliminate illiteracy, provide political, cultural, scientific, technical and field-specific education for workers, peasants, state employees and other working people, and encourage people to become accomplished individuals through self-study.
The state shall encourage collective economic organizations, state enterprises, public institutions and other social actors to run education programs of various types in accordance with the provisions of law.
The state shall promote the common speech — putonghua — used nationwide.
To improve the people’s physical fitness, the state shall develop sports and promote public sports activities.
The state shall protect places of scenic beauty and historical interest, valuable cultural relics and other forms of important historical and cultural heritage.
The state shall champion core socialist values; advocate the civic virtues of love for the motherland, for the people, for work, for science and for socialism; educate the people in patriotism and collectivism, in internationalism and communism, and in dialectical and historical materialism; and combat capitalist, feudal and other forms of decadent thought.
The state shall organize and encourage afforestation and protect forests.
All state organs and state employees must rely on the support of the people, stay engaged with them, listen to their opinions and suggestions, accept their oversight, and work hard to serve them.
State employees, when assuming office, should make a public pledge of allegiance to the Constitution in accordance with the provisions of law.
The state shall make the armed forces more revolutionary, more modernized and better regulated in order to strengthen national defense capabilities.
(1) The country consists of provinces, autonomous regions and cities directly under central government jurisdiction;
Cities directly under central government jurisdiction and other large cities consist of districts and counties. Autonomous prefectures consist of counties, autonomous counties and cities.
All autonomous regions, autonomous prefectures and autonomous counties are ethnic autonomous areas.
The People’s Republic of China may grant asylum to foreigners who request it on political grounds.