Since the founding of the People's Republic of China in 1949,
four Constitutions have been formulated, in 1954, 1975, 1978 and
1982 successively. The present 1982 Constitution contains four
chapters in addition to the Preamble. These are: "General
Principles," "The Fundamental Rights and Duties of Citizens," "The
Structure of the State," and "The National Flag, the National
Anthem, the National Emblem and the Capital," totaling 138
articles. Revisions and amendments to some articles were made and
adopted by the National People's Congress in 1988, 1993, 1999 and
2004.
The Constitution stipulates that all citizens are equal before
the law and that the state respects and safeguards human rights. It
guarantees the basic rights and interests of citizens, including
the right to vote and stand for election; freedom of speech, of the
press, of assembly, of association, of procession and of
demonstration; freedom of religious belief; the inviolability of
the freedom of the person, the personal dignity, the residences and
the legitimate private property; freedom and privacy of
correspondence; the right to criticize and make suggestions to any
state organ or functionary and exercise supervision; the right to
work and rest and the right to material assistance from the state
and society when they are old, ill or disabled; and the right to
receive education and freedom to engage in scientific research,
literary and artistic creation and other cultural pursuits.
China's legal system consists of seven categories;
Constitutional and related law, civil and commercial law,
administrative law, economic law, social law, criminal law, and
litigation and non-litigation procedural law. Since 1979, the
building of China's legal system has developed rapidly and in an
all-round way. By the end of 2005, nearly 500 laws and law-related
decisions had been made by the National People's Congress and its
Standing Committee, over 1,000 administrative regulations made by
the State Council, and more than 10,000 local regulations made by
local people's congresses, covering political, economic and social
fields. A relatively complete legal system is now basically in
place.