Constitution Of The Republic Of China

The Constitution of the Republic of China is the fifth and current constitution of the Republic of China, ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, along with its Additional Articles, remains effective in Chinese-controlled territories.

The present Constitution of the People's Republic of China was adopted in December 1982 by the Fifth National People's Congress. The 138 Articles published in this book have developed over the years since the founding of the Republic, and define the fundamental laws of the state.

This Constitution affirms the achievements of the struggles of the Chinese people of all nationalities and defines the basic system and basic tasks of the state in legal form; it is the fundamental law of the state and has supreme legal authority. The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings in the country must take the Constitution as the basic norm of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in China provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in China will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

This is a new edition which includes the full text of the constitution adopted at the Fifth Session of the Fifth National People's Congress in 1982, as well as the amendments to the constitution adopted at different National People's Congress sessions later in 1988, 1993 and 1999. One of the most important contents in the latest amendments is the ensuring of Deng Xiaoping Theory in the constitution.