Part-1

Background to the Constitution of China

A constitution is the fundamental set of principles and laws that guide the governance of a state. The Constitution of the People's Republic of China is no exception. The country was officially founded on October 1, 1949, and five years later, in 1954, China adopted its first constitution, known as the Socialist Constitution. Prior to this, although a constitution was proposed in 1911 for the Republic, and efforts were made again in 1923 and 1946, none were effectively implemented.

Before the 1954 Constitution, China was governed by a broadly representative body known as the Chinese People's Political Consultative Conference (CPPCC), which served as a consultative assembly involving representatives from various political parties and interest groups. This democratic setup played a key role in shaping the foundation for the 1954 Constitution.

Formation of the Constitution

In January 1953, the Council of People's Government formed a Constitution Drafting Committee under the leadership of Mao Zedong. Several sessions followed, and on September 9, 1954, during the 34th session, a final draft was approved. The National People's Congress (NPC) formally adopted the constitution on September 20, 1954, marking the beginning of China’s constitutional governance.

This 1954 Constitution served as the basis for later constitutional developments. The current constitution was adopted in 1982, and it remains the foundational legal document of modern China.

Key Features of the 1982 Constitution of China

The 1982 Constitution is regarded as a significant legal and political document. Below are its core features:

1. Preamble

The constitution opens with a preamble, a consistent feature in all Chinese constitutions. It outlines the intentions of the drafters, the origins of the constitution, and the fundamental goals of the state. Through the preamble, one can understand the governmental structure, foreign and domestic policies, and the ideological foundation of the People’s Republic of China.

2. Written Document

The 1982 Constitution is a written document consisting of a preamble and 138 articles. It clearly outlines the structure of the state, its general policies, administrative framework, citizen rights and duties, and the division of powers.

3. Rigidity

This constitution is rigid and cannot be easily amended like ordinary legislation—similar to the constitutions of the USA and Bangladesh. Article 64 specifically provides the procedure for amendments, making changes a complex process.

4. Supremacy of the Constitution

The 1982 Constitution is declared as the supreme law of the land. All other laws must conform to its principles.

5. Socialist State Structure

The constitution emphasizes a socialist state under the leadership of the working class, particularly the alliance of workers and peasants. This structure is defined as a people's democratic dictatorship.

6. People’s Sovereignty

The constitution upholds people's sovereignty, wherein administrative authority rests with the people. Social, cultural, and economic decisions are expected to reflect public opinion and participation.

7. Democratic Centralism

A unique concept within the Chinese political system, democratic centralism balances internal democracy with central leadership. It aims to unify democracy with order and discipline, a principle emphasized by Mao Zedong.

8. Socialist Economic System

Article 6 of the constitution defines China’s economic framework as socialist. It includes:

Ownership by the entire population
Collective ownership by working people

This dual structure ensures that the means of production remain primarily in the hands of the state or collectives.

9. Principles of Property Distribution

The constitution recognizes both state and private ownership, incorporating principles of equitable distribution. Though a similar idea was included in the 1978 Constitution, the 1982 version further clarified property rights and economic roles.

10. Foreign Policy

The preamble indicates a desire for international cooperation and investment. The constitution welcomes foreign capital and collaboration that aligns with China's socialist development goals, including provisions for foreign-owned enterprises.

11. Political Asylum

One unique aspect of the constitution is its provision for granting asylum to foreigners seeking refuge for political reasons. Article 32 of the constitution states:

"The People’s Republic of China may grant asylum to foreigners who request it for political reasons."

12. National Legislature

The National People's Congress (NPC) is the supreme legislative body and operates as a unicameral parliament. Representatives from all ethnic groups are part of this body.

13. President and Vice President

According to Article 79, the NPC elects the President and Vice President. They must be at least 45 years old, serve five-year terms, and cannot serve more than two consecutive terms.

14. Citizens' Rights and Duties

Articles 33 to 56 define the rights and responsibilities of Chinese citizens, including:

Equality before the law
Freedom of speech and religion
Right to work
Duty to obey laws, pay taxes, and serve in the military if necessary

15. Central Military Commission

The Central Military Commission is the highest military authority in China, overseeing all armed forces. It is composed of a chairman, vice-chairpersons, and members. The chairman holds the main responsibility, and the term is aligned with that of the National People’s Congress—five years.

Conclusion

China stands today as a powerful socialist state and one of the leading members of the United Nations. The foundation of its governance lies in its constitutional journey, starting with the 1954 Constitution and culminating in the current 1982 Constitution. Over the years, it has evolved but remains the guiding force of China's political, economic, and social systems. The 1982 Constitution continues to serve as the cornerstone of modern Chinese governance.