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The Amendment to the Constitution of the People's Republic of China was proposed by the 16th Central Committee of the Chinese Communist Party and adopted at the second session of the 10th National People's Congress on 14 March 2004.

The amendments incorporated Three Represents to the constitution and included guarantees regarding private property.

History

On 27 March 2003, National People's Congress Standing Committee Chairman Wu Bangguo was appointed as the head of a taskforce to draft amendments to the constitution.[1] From January 18 to 19, 2004, the second plenary session of the 19th CCP Central Committee was held and adopted the “Proposal of the Central Committee of the Chinese Communist Party on Amending Part of the Constitution".[2] It was the first amendment to the constitution to have been endorsed by the Central Committee, in addition to approval by the Politburo.[1] On January 26, the CCP Central Committee submitted the proposal to the Standing Committee of the National People’s Congress.[3] On 14 March 2004, the second session of the 10th National People's Congress passed the Constitutional Amendment with 2,863 votes in favor, 10 votes against, and 17 abstentions.[4][5]

Amendments

The amendment contains 14 articles.[1] It incorporated the Three Represents into the Constitution. Martial law was renamed to the state of emergency and the amendments authorized the President to declare a state of emergency based on the decision of the National People's Congress. In addition, the March of the Volunteers was given constitutional status as the national anthem of China.[6] The amendments included guarantees regarding private property ("legally obtained private property of the citizens shall not be violated") and human rights ("the State respects and protects human rights").The government argued that this represented progress for Chinese democracy and was a sign from the CCP that they recognized the need to adapt to the booming Chinese economy, which had created a growing middle class who wanted private property protections.[7] It also authorized the government to "expropriate", in addition to "requisitioning", private property in the public interest, if it "makes compensation according to law".[1]

Chinese leader Hu Jintao said that "These amendments of the Chinese constitution are of great importance to the development of China [...] We will make serious efforts to carry them out in practice."[7]

References

  1. ^ a b c d Hu, Taige; Wei, Changhao (18 November 2024). "October 2024: Highlights of Wu Bangguo's Tenure as China's Chief Lawmaker". NPC Observer. Retrieved 2025-03-23.
  2. ^ "中国共产党第十六届中央委员会第三次全体会议公报". People's Daily (in Chinese). 2003-10-14. Archived from the original on 2006-07-21. Retrieved 2003-10-15.
  3. ^ "（受权发布）中国共产党中央委员会关于修改宪法部分内容的建议". Xinhua News Agency (in Chinese). Archived from the original on 2018-02-25. Retrieved 2018-02-25.
  4. ^ "中华人民共和国全国人民代表大会公告". National People's Congress (in Chinese). 2004-03-14. Archived from the original on 2018-03-09. Retrieved 2018-03-10.
  5. ^ "中华人民共和国宪法修正案（2004年）". National People's Congress (in Chinese). 2004-03-14. Archived from the original on 2017-07-10. Retrieved 2018-03-10.
  6. ^ "背景资料：中华人民共和国宪法历次修改梳理". Reuters (in Chinese). 2018-03-12. Archived from the original on 2022-06-04.
  7. ^ a b Zhong, Huang; Qian, Cheng (2014). "The Disappearance of Hong Kong in Comics, Advertising and Graphic Design". In Plantilla, Jefferson R. (ed.). Bridging Human Rights Principles and Business Realities in Northeast Asia (PDF). Malaysia: Vinlin Press. pp. 21–53.
Allikas: https://en.wikipedia.org/wiki/2004_amendment_to_the_Constitution_of_China
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