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 China Constitution


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Article 116 [Autonomy Regulations]

People's congresses of national autonomous areas have the power to enact autonomy regulations and specific regulations in the light of the political, economic, and cultural characteristics of the nationality or nationalities in the areas concerned. The autonomy regulations and specific regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people's congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress for the record.

Article 117 [Financial Autonomy]

The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used by the organs of self-government of those areas on their own.

Article 118 [Autonomous Development Plans]

(1) The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans.

(2) In exploiting natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas.

Article 119 [Autonomous Education]

The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health, and physical culture affairs in their respective areas, protect and accumulate the cultural heritage of the nationalities and work for the development and flourishing of their cultures.

Article 120 [Autonomous Security Forces]

The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and concrete local needs and with the approval of the State Council, organize local public security forces for the maintenance of public order.

Article 121 [Autonomous Language]

In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the autonomy regulations of the respective areas, employ the spoken and written language or languages in common use in the locality.

Article 122 [Minorities]

(1) The state gives financial, material, and technical assistance to the minority nationalities to accelerate their economic and cultural development.

(2) The state helps the national autonomous areas train large numbers of cadres at different levels and specialized personnel and skilled workers of different professions and trades from among the nationality or nationalities in those areas.

Section VII The People's Courts and Procuratorates

Article 123 [Judicial Organs]

The people's courts in the People's Republic of China are the judicial organs of the state.

Article 124 [Supreme People's Court]

(1) The People's Republic of China establishes the Supreme People's Court and the local people's courts at different levels, military courts and other special people's courts.

(2) The term of office of the President of the Supreme People's Court is the same as that of the National People's Congress; the President shall serve no more than two consecutive terms.

(3) The organization of people's courts in prescribed by law.

Article 125 [Publicity, Right of Defence]

All cases handled by the people's courts, except for those involving special circumstances as specified by law, shall be heard in public. The accused has the right of defence.

Article 126 [Independence]

The people's courts shall, in accordance with the law exercise judicial power independently and are not subject to interference by administrative organs, public organizations, or individuals.

Article 127 [Highest Judicial Organ]

(1) The Supreme People's Court is the highest judicial organ.

(2) The Supreme People's Court supervises the administration of justice by the local people's courts at different levels and by the special people's courts; people's courts at higher levels supervise the administration of justice by those at lower levels.

Article 128 [Responsibility of the Supreme People's Court]

The Supreme People's Court is responsible to the National People's Congress and its Standing Committee. Local people's courts at different levels are responsible to the organs of state power which created them.

Article 129 [People's Procuratorates]

The people's procuratorates of the People's Republic of China are state organs for legal supervision.

Article 130 [Supreme People's Procuratorate]

(1) The People's Republic of China establishes the Supreme People's Procuratorate and the local people's procuratorates at different levels, military procuratorates, and other special people's procuratorates.

(2) The term of office of the Procurator General of the Supreme People's Procuratorate is the same as that of the National People's Congress; the Procurator General shall serve no more than two consecutive terms.

(3) The organization of people's procuratorates is prescribed by law.

Article 131 [Procuratorial Power, Independence]

People's procuratorates shall, in accordance with the law, exercise procuratorial power independently and are not subject to interference by administrative organs, public organizations, or individuals.

Article 132 [Highest Procuratorial Organ]

(1) The Supreme People's Procuratorate is the highest procuratorial organ.

(2) The Supreme People's Procuratorate directs the work of the local people's procuratorates at different levels and of the special people's procuratorates; people's procuratorates at higher levels direct the work of those at lower levels.

Article 133 [Responsibility of Supreme People's Procuratorate]

The Supreme People's Procuratorate is responsible to the National People's Congress and its Standing Committee. Local people's procuratorates at different levels are responsible to the organs of state power at the corresponding levels which created them and to the people's procuratorates at the higher level.

Article 134 [Language in Trials]

(1) Citizens of all nationalities have the right to use the spoken and written languages of their own nationalities in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages in common use in the locality.

(2) In an area where people of a minority nationality live in a compact community or where a number of nationalities live together, hearings should be conducted in the language or languages in common use in the locality; indictments, judgements, notices, and other documents should be written, according to actual needs, in the language or languages in common use in the locality.

Article 135 [Independence of Functions]

The people's courts, people's procuratorates, and public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall co-ordinate their efforts and check each other to ensure correct and effective enforcement of law.

Chapter Four The National Flag, the National Anthem, the National Emblem and the Capital

Article 136 [National Flag]

(1) The national flag of the People's Republic of China is a red flag with five stars.

(2) The National Anthem of the People's Republic of China is the March of the Volunteers.

Article 137 [National Emblem]

The national emblem of the People's Republic of China is Tian'anmen in the center illuminated by five stars and encircled by ears of grain and a cogwheel.

Article 138 [Capital]

The capital of the People's Republic of China is Beijing.

 



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