1978 Constitution of the People's Republic of China

1978 Constitution of the People's Republic of China
Name	1978 Constitution of the People's Republic of China
Jurisdiction	People's Republic of China
Date created	March 1978
Date ratified	March 5, 1978
Date effective	March 5, 1978
System	Unitary socialist republic
Branches	4 (National People's Congress, State Council, Supreme People's Court, Supreme People's Procuratorate)
Chambers	Unicameral (National People's Congress)
Executive	Premier-led State Council
Courts	Supreme People's Court
Federalism	Unitary
Date legislature	March 5, 1978
Date repealed	December 4, 1982
Supersedes	1975 Constitution of the People's Republic of China
Superseded by	1982 Constitution of the People's Republic of China
Author(s)	Chinese Communist Party
Signatories	Ye Jianying
Media type	Document

1978 Constitution of the People's Republic of China was the third fundamental law of the People's Republic of China, adopted in the wake of the Cultural Revolution. It represented a transitional effort to restore legal order and socialist modernization after the political turmoil of the preceding decade. The document was promulgated by the Fifth National People's Congress and remained in effect until it was replaced by the comprehensive 1982 Constitution of the People's Republic of China.

Background and drafting

The drafting process commenced following the death of Mao Zedong and the subsequent arrest of the Gang of Four, which marked the end of the Cultural Revolution. The political climate was dominated by Hua Guofeng, who advocated the Two Whatevers policy, and emerging reformers like Deng Xiaoping. The Chinese Communist Party, seeking to stabilize the nation, convened the 11th National Congress of the Chinese Communist Party, which set the stage for constitutional revision. The drafting committee, operating under the guidance of the Standing Committee of the National People's Congress, aimed to repudiate the radicalism of the 1975 Constitution of the People's Republic of China while reaffirming basic socialist principles.

Structure and content

The constitution contained a preamble and sixty articles organized into four chapters. Chapter One outlined the political structure, affirming the leadership of the Chinese Communist Party and defining the state organs, including the National People's Congress and the State Council. Chapter Two detailed the fundamental rights and duties of citizens, expanding upon the sparse text of its predecessor. Chapter Three established the structure of the state, covering entities like the Local People's Congress and the autonomous regions of China. The final chapter confirmed the national symbols: the flag of the People's Republic of China, the emblem of the People's Republic of China, and the capital in Beijing.

Key provisions and principles

A central principle was the commitment to the Four Modernizations, targeting progress in agriculture, industry, science and technology, and national defense. It reinstated the position of President of the People's Republic of China, which had been abolished in the 1975 document. The constitution guaranteed certain civil rights, including the freedom to strike, and emphasized the role of the Supreme People's Procuratorate. It also contained provisions supporting the development of education and Socialist culture.

Differences from the 1975 Constitution

The 1978 Constitution significantly departed from the radical 1975 version by diluting the emphasis on class struggle and the concept of continuous revolution. It restored several state institutions, such as the presidency and the Supreme People's Procuratorate, that were omitted previously. The text expanded the section on citizens' rights from four to sixteen articles, reinstating protections for private property and intellectual inquiry. References to the People's Liberation Army were moderated, and the directive to support world revolution was removed.

Implementation and historical significance

Implementation was overseen by the National People's Congress and its Standing Committee, though the document's life was brief. Its historical significance lies in being a bridge between the chaos of the Cultural Revolution and the reform era. It facilitated early legal rehabilitation for figures persecuted during the Anti-Rightist Campaign and provided a framework for reopening universities in China like Peking University. The constitution helped legitimize the post-Mao leadership under Hua Guofeng and the rising Deng Xiaoping faction.

Amendments and replacement

The constitution was amended twice in 1979 and 1980 by the National People's Congress. The 1979 amendments introduced critical changes, such as establishing local people's congress standing committees and replacing revolutionary committees with local people's governments. The 1980 amendment deleted the controversial article guaranteeing the freedom to strike. However, the rapid pace of the Chinese economic reform under Deng Xiaoping rendered the 1978 text increasingly obsolete. It was entirely superseded and replaced by the current 1982 Constitution of the People's Republic of China, which provided a more stable foundation for market-oriented reforms.

Category:Constitutions of China Category:1978 in law Category:1978 in China Category:Legal history of China