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Constitution of the People's Republic of China
Constitution of the People's Republic of China
Overview
Jurisdiction	People's Republic of China
Ratified	September 20, 1954
System	Unitary socialist republic
Head of state	Chairman of the People's Republic of China
Chambers	Unicameral (National People's Congress)
Repealed	January 17, 1975
Full text
	Constitution of the People's Republic of China (1954) at Wikisource

The 1954 Constitution of the People's Republic of China was adopted and enacted on September 20, 1954, through the first session of the First National People’s Congress in Beijing.^[1] This constitution was amended and formulated on the basis of the Common Program of the Chinese People's Political Consultative Conference, which served as a provisional constitution in 1949, and is the first constitution of the People's Republic of China. The Constitution of the People's Republic of China is the fundamental law of the People's Republic of China and has the highest legal effect.

Introduction

The first constitution of the People's Republic of China was published as 2 documents: the "Common Program of the Chinese People's Political Consultative Conference" (CPCPPCC), and the "Organic Law of the Central People's Government of the People's Republic of China." The Constitution of 1954 was the first codified constitution of the People's Republic, and according to its preamble is "based on the CPCPPCC of 1949, and is an advance on it." The constitution of 1954 includes the Preamble, four chapters, 106 articles, and it defines "the national flag of People's Republic of China is a red flag with 5 stars" (Article 104); "the national emblem of the People's Republic of China is: in the center, Tien An Men under the light of five stars, and encircled by ears of grain and a cogwheel." (Article 105); and "the capital of People's Republic of China is Peking [Beijing]." (Article 106).^[2] During the development of socialism, the Constitution of 1954 stipulated the task for the ongoing Chinese communist state. Like the Common Program, the new Constitution limited any reference of the Chinese Communist Party (CCP) to the preamble. Unlike the Common Program, however, which mentioned the CCP as merely one party within the United Front, the 1954 constitution declared that the CCP was the leader of the front and credited it with ending a "century of heroic struggle" against "imperialism, feudalism, and bureaucrat capitalism." Under this situation, China finally became a one-party state under the uncontested control of the CCP.^[3]

On the eve of the Cultural Revolution, Liu Shaoqi, then the Chairman of the People's Republic of China, fell victim to the Red Guards. Although constitutionally Liu could only be removed by the National People's Congress, since the force of the dawning Cultural Revolution was too great, the Communist Party hierarchy intervened and expelled Liu from office.

The 1954 Constitution was replaced in the midst of the Cultural Revolution by the 1975 Constitution of the People's Republic of China. Books published in the PRC since the 1980s regarded it and the 1978 Constitution with "serious errors". In the 1954 Constitution, the Chairman (now translated as president) could convene Supreme State Conferences—emergency meetings. This Presidential right was never seen again in later promulgations of the Chinese constitution.

Summary of the constitution of 1954

The first chapter in the Constitution of 1954 includes 20 articles and it deals with the general issue of defining social and economic structure. The first chapter, gave the primary definition of “the nature of regime, the structure of ownership, people’s property rights and so on.”^[3] Heavily considering the state of the country at the time, the first part of the constitution emphasized the equality between the Han nationality and the other fifty-five minority nationalities.

The second chapter consists of 64 articles; this part stipulates the relationship between “the national people’s congress (NPC), Chairman of China, State Council, and the local people’s congress, the local people’s councils” with “the Organs of self-government of National Autonomous Areas, the people’s courts and the people’s Procuratorates”.^[4]

The third chapter indicates rights and duties of the country’s citizen. It guarantees the equality of each citizen and it prohibits racial discrimination and oppression. This chapter consists of 19 articles and it protects a citizen’s customs, habits and religious beliefs.^[1]

The last chapter, which is the fourth chapter, stipulates the national flag, the national emblem and the capital of PRC.^[4]