Constitution of the Chinese SSPR/The Constitution

Preamble
We, the people of all nationalities in China,


 * having jointly created a splendid culture a glorious tradition through one of the longest national histories in the world;
 * in accordance with the teachings bequeathed by Dr. Sūn Yìxiān in founding the Republic of China;
 * in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people;

do hereby establish this Constitution, which affirms and defines the basic system and basic tasks of the state in legal form;

and we 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 and promulgation throughout the country for faithful and perpetual observance by all.

Chapter I. GENERAL PROVISIONS
Article 1 The Chinese Soviet Sovereign Protectorate Republic is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants. The socialist system is the basic system of the Chinese Soviet Sovereign Protectorate Republic. Sabotage of the socialist system by any organization or individual is prohibited.

Article 2 All power in the Chinese Soviet Sovereign Protectorate Republic belongs to the people. The organs through which the people exercise state power are the National People's Congress and the local people's congresses at different levels. The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law.

Article 3 The state organs of the Chinese Soviet Sovereign Protectorate Republic apply the principle of democratic centralism. The National People's Congress and the local people's congresses at different levels are instituted through democratic election. They are responsible to the people and subject to their supervision. All administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and under whose supervision they operate. The division of functions and powers between the central and local state organs is guided by the principle of giving full play to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities.

Article 4 All nationalities in the Chinese Soviet Sovereign Protectorate Republic are equal. The state protects the lawful rights and interests of the minority nationalities and upholds and develops the relationship of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality are prohibited; any acts that undermine the unity of the nationalities or instigate their secession are prohibited. The state helps the areas inhabited by minority nationalities speed up their economic and cultural development in accordance with the peculiarities and needs of the different minority nationalities. Regional autonomy is practised in areas where people of minority nationalities live in compact communities; in these areas organs of self- government are established for the exercise of the right of autonomy. All the national autonomous areas are inalienable parts of the Chinese Soviet Sovereign Protectorate Republic. The people of all nationalities have the freedom to use and develop their own spoken and written languages, and to preserve or reform their own ways and customs.

Article 5 The Chinese Soviet Sovereign Protectorate Republic practices ruling the country in accordance with the law and building a socialist country of law. The state upholds the uniformity and dignity of the socialist legal system. No law or administrative or local rules and regulations shall contravene the constitution. All state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated. No organization or individual may enjoy the privilege of being above the Constitution and the law.

Article 6 The basis of the socialist economic system of the Chinese Soviet Sovereign Protectorate Republic is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of 'from each according to his ability, to each according to his work'. During the primary stage of socialism, the State adheres to the basic economic system with the public ownership remaining dominant and diverse sectors of the economy developing side by side, and to the distribution system with the distribution according to work remaining dominant and the coexistence of a variety of modes of distribution.

Article 7 The State-owned economy, that is, the socialist economy under ownership by the whole people, is the leading force in the national economy. The State ensures the consolidation and growth of the State-owned economy.

Article 8 Rural collective economic organizations practice the double-tier management system that combines unified and separate operations on the basis of the household-based output-related contracted responsibility system. Various forms of the cooperative economy in rural areas such as producers', supply and marketing, credit and consumers' cooperatives belong to the sector of the socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for private use, engage in household sideline production and raise privately owned livestock. The various forms of co-operative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people. The state protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy.

Article 9 Mineral resources, waters, forests, mountains, grassland, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grassland, unreclaimed land and beaches that are owned by collectives in accordance with the law. The state ensures the rational use of natural resources and protects rare animals and plants. The appropriation or damage of natural resources by any organization or individual by whatever means is prohibited.

Article 10 Land in the cities is owned by the state. Land in the rural and suburban areas is owned by collectives except for those portions which belong to the state in accordance with the law; house sites and private plots of cropland and hilly land are also owned by collectives. The State may, in the public interest and in accordance with law, expropriate or requisition land for its use and make compensation for the land expropriated or requisitioned. No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law. All organizations and individuals who use land must make rational use of the land.

Article 11 Individual, private and other non-public economies that exist within the limits prescribed by law are major components of the socialist market economy. The State protects the lawful rights and interests of the non-public sectors of the economy such as the individual and private sectors of the economy. The State encourages, supports and guides the development of the non-public sectors of the economy and, in accordance with law, exercises supervision and control over the non-public sectors of the economy.

Article 12 Socialist public property is sacred and inviolable. The state protects socialist public property. Appropriation or damage of state or collective property by any organization or individual by whatever means is prohibited.

Article 13 Citizens' lawful private property is inviolable. The State, in accordance with law, protects the rights of citizens to private property and to its inheritance. The State may, in the public interest and in accordance with law, expropriate or requisition private property for its use and make compensation for the private property expropriated or requisitioned.

Article 14 The state continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving organization of work. The state practises strict economy and combats waste. The state properly apportions accumulation and consumption, pays attention to the interests of the collective and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people.

Article 15 The state has put into practice a socialist market economy. The State strengthens formulating economic laws, improves macro adjustment and control and forbids according to law any units or individuals from interfering with the social economic order.

Article 16 Stated-owned enterprises have decision-making power in operation and management within the limits prescribed by law. State-owned enterprises practice democratic management through congresses of workers and staff and in other ways in accordance with the law.

Article 17 Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws. Collective economic organizations practice democratic management, elect or remove their managerial personnel and decide on major issue concerning operation and management according to law.

Article 18 The Chinese Soviet Sovereign Protectorate Republic permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic co-operation with Chinese enterprises and other economic organizations in accordance with the law of the Chinese Soviet Sovereign Protectorate Republic. All foreign enterprises and other foreign economic organizations in China, as well as joint ventures with Chinese and foreign investment located in China, shall abide by the law of the Chinese Soviet Sovereign Protectorate Republic. Their lawful rights and interests are protected by the law of the Chinese Soviet Sovereign Protectorate Republic.

Article 19 The state develops socialist educational undertakings and works to raise the scientific and cultural level of the whole nation. The state runs schools of various types, makes primary education compulsory and universal, develops secondary, vocational and higher education and promotes pre-school education. The state develops educational facilities of various types in order to wipe out illiteracy and provide political, cultural, scientific, technical and professional education for workers, peasants, state functionaries and other working people. It encourages people to become educated through self- study. The state encourages the collective economic organizations, state enterprises and undertakings and other social forces to set up educational institutions of various types in accordance with the law. The state promotes the nationwide use of Putonghua (common speech based on Beijing pronunciation).

Article 20 The state promotes the development of the natural and social sciences, disseminates scientific and technical knowledge, and commends and rewards achievements in scientific research as well as technological discoveries and inventions.

Article 21 The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and undertakings and neighbourhood organizations, and promotes sanitation activities of a mass character, all to protect the people's health. The state develops physical culture and promotes mass sports activities to build up the people's physique.

Article 22 The state promotes the development of literature and art, the press, broadcasting and television undertakings, publishing and distribution services, libraries, museums, cultural centres and other cultural undertakings, that serve the people and socialism, and sponsors mass cultural activities. The state protects places of scenic and historical interest,valuable cultural monuments and relics and other important items of China's historical and cultural heritage.

Article 23 The state trains specialized personnel in all fields who serve socialism, increases the number of intellectuals and creates conditions to give full scope to their role in socialist modernization.

Article 24. The state strengthens the building of socialist spiritual civilization through spreading education in high ideals and morality, general education and education in discipline and the legal system, and through promoting the formulation and observance of rules of conduct and common pledges by different sections of the people in urban and rural areas. The state advocates the civic virtues of love for the motherland, for the people, for labour, for science and for socialism; it educates the people in patriotism, collectivism, internationalism and communism and in dialectical and historical materialism; it combats the decadent ideas of capitalism and feudalism and other decadent ideas.

Article 25. The state promotes family planning so that population growth may fit the plans for economic and social development.

Article 26. The state protects and improves the living environment and the ecological environment, and prevents and controls pollution and other public hazards. The state organizes and encourages afforestation and the protection of forests.

Article 27. All state organs carry out the principle of simple and efficient administration, the system of responsibility for work and the system of training functionaries and appraising their work in order constantly to improve quality of work and efficiency and combat bureaucratism. All state organs and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and work hard to serve them.

Article 28. The State maintains public order and suppresses treasonable and other criminal activities that endanger State security; it penalizes actions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals.

Article 29. The armed forces of the Chinese Soviet Sovereign Protectorate Republic belong to the people. Their tasks are to strengthen national defence, resist aggression, defend the motherland, safeguard the people's peaceful labour, participate in national reconstruction, and work hard to serve the people. The state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase the national defence capability.

Article 30. The administrative division of the Chinese Soviet Sovereign Protectorate Republic is as follows: (1) The country is divided into provinces, autonomous regions and municipalities directly under the Central Government; (2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties and cities; (3) Counties and autonomous counties are divided into townships, nationality townships and towns. Municipalities directly under the Central Government and other large cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities. All autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas.

Article 31. The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions.

Article 32. The Chinese Soviet Sovereign Protectorate Republic protects the lawful rights and interests of foreigners within Chinese territory, and while on Chinese territory foreigners must abide by the law of the Chinese Soviet Sovereign Protectorate Republic. The Chinese Soviet Sovereign Protectorate Republic may grant asylum to foreigners who request it for political reasons.

Article 33. The national flag of the Chinese Soviet Sovereign Protectorate Republic is a red flag with a blue rectangle and a white sun in the upper left corner.

Article 34. The full details of the national flag of the Chinese Soviet Sovereign Protectorate Republic are as follows:


 * The ratio of the flag is 1:2, with most of it being red. One-sixth of the flag, a 2:3 rectangle, is blue, which contains the 12 pointed sun.
 * The diameter of the sun without rays is 1/4 of the width of the blue rectangle.
 * The diameter of the sun with rays is twice of the width of the sun without rays.
 * The blue ring that is on top of this sun and part of the rays is 1/15 diameter of the white *The angle of the rays is 30 degrees.
 * and the total number of rays is 12.

Article 35. The national emblem of the Chinese Soviet Sovereign Protectorate Republic is an axe supported by a dragon and a phoenix and contaning a blue circle. The blue circle contains Tian'anmen and the inscription "Workers of All Countries, Unite!" in Putonghua in the centre, illuminated by the sun and encircled by ears of grain and a cogwheel.

Article 36. The full details of the national emblem of the Chinese Soviet Sovereign Protectorate Republic are as follows:

On the back of the dragon is fire, which symbolises light and brightness. behind the head of the dragon is the crescent moon of the moon rabbit who is constantly pounding the elixir of life. The phoenix holds pondweed or algae in its right talon, a symbol of purity and brightness. behing its head are three stars, which could be the Fu Lu Shou stars, which symbolise happiness, prosperity, and longevity
 * The supporter sinister is a dragon, which symbolizes strength and adaptability.
 * The supporter dexter is a fenghuang, or pheasant-phoenix, and represents peace and refinement.
 * Both creatures hold in one of each claws the zongyi (Chinese: 宗彝), which is a sacrificial cup, symbolising devotion and loyalty.
 * The dragon and phoenix represent the natural world. In yin and yang terminology, a dragon is male yang and the phoenix a female yin.
 * Featuring as the crest on top is an abstract symbol of the sun of the three-legged crow.
 * In the middle functioning as the escutcheon is the axe head, which symbolises courage and resolution, but also executive justice. The blade of the axe head is pointing downwards, the head is shaped like a sloping mountain.
 * In the center of the axe head, laid over a blue backgound and framed by sheaves of wheat and rice, is a representation of Tiananmen Gate, the entrance gate to the Forbidden City. Above this representation is the motto "Workers of the World, Unite!" in Putonghua and the white simplified emblem of a sun found on the national flag.
 * At the center of the bottom portion of the frame are a cog-wheel and a blue banner.
 * The downward-pointing blade of the axe head features a hardened edge in shape of the four sacred mountains. These represent tranquility and steadiness. The fifth Center Great Mountain is represented by the axe head.
 * The mountains represent earth, the cups metal, the pondweed water, the rice grains wood, and fire, which are all representations of wu xing.
 * The figure 亞 fu underneath the axe represents two animals with their backside together. This symbolises the capability to make a clear distinction between right and wrong.
 * The fu sign is in the middle of complex interlacing ribbons, which connect the dragon, the phoenix and the axe to each other. The ribbons symbolise Great Unity and Harmonious Society.

Article 37. The national anthem of the Chinese Soviet Sovereign Protectorate Republic is the March of the Volunteers.

Article 38. The capital of the Chinese Soviet Sovereign Protectorate Republic is Beijing.

Chapter II. CITIZEN'S RIGHTS
Article 39. All persons holding the nationality of the Chinese Soviet Sovereign Protectorate Republic are citizens of the Chinese Soviet Sovereign Protectorate Republic. All citizens of the Chinese Soviet Sovereign Protectorate Republic are equal before the law. Every citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.

Article 40. All citizens of the Chinese Soviet Sovereign Protectorate Republic who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, or length of residence, except persons deprived of political rights according to law.

Article 41. Citizens of the Chinese Soviet Sovereign Protectorate Republic enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.

Article 42. Citizens of the Chinese Soviet Sovereign Protectorate Republic enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.

Article 43. The freedom of person of citizens of the Chinese Soviet Sovereign Protectorate Republic is inviolable. No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.

Article 44. The personal dignity of citizens of the Chinese Soviet Sovereign Protectorate Republic is inviolable. Insult, libel, false charge or frame-up directed against citizens by any means is prohibited.

Article 45. The home of citizens of the Chinese Soviet Sovereign Protectorate Republic is inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited.

Article 46. The freedom and privacy of correspondence of citizens of the Chinese Soviet Sovereign Protectorate Republic are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offences, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.

Article 47. Citizens of the Chinese Soviet Sovereign Protectorate Republic have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case of complaints, charges or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures, or retaliate against the citizens making them. Citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law.

Article 48. Citizens of the Chinese Soviet Sovereign Protectorate Republic have the right as well as the duty to work. Using various channels, the state creates conditions for employment, strengthens labour protection, improves working conditions and, on the basis of expanded production, increases remuneration for work and social benefits. Work is the glorious duty of every able-bodied citizen. All working people in state enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour. The state provides necessary vocational training to citizens before they are employed.

Article 49. Working people in the Chinese Soviet Sovereign Protectorate Republic have the right to rest. The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers and staff.

Article 50. The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for functionaries of organs of state. The livelihood of retired personnel is ensured by the state and society.

Article 51. Citizens of the Chinese Soviet Sovereign Protectorate Republic have the right to material assistance from the state and society when they are old, ill or disabled. The state develops the social insurance, social relief and medical and health services that are required to enable citizens to enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements for the work, livelihood and education of the blind, deaf-mute and other handicapped citizens.

Article 52. Citizens of the Chinese Soviet Sovereign Protectorate Republic have the duty as well as the right to receive education. The state promotes the all-round moral, intellectual and physical development of children and young people.

Article 53. Citizens of the Chinese Soviet Sovereign Protectorate Republic have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The state encourages and assists creative endeavours conducive to the interests of the people made by citizens engaged in education, science, technology, literature, art and other cultural work.

Article 54. Women in the Chinese Soviet Sovereign Protectorate Republic enjoy equal rights with men in all spheres of life, political, economic, cultural and social, and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work for men and women alike and trains and selects cadres from among women.

Article 55. Marriage, the family, and mother and child are protected by the state. Both husband and wife have the duty to practise family planning. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited.

Article 56. The Chinese Soviet Sovereign Protectorate Republic protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad.

Article 57. The exercise by citizens of the Chinese Soviet Sovereign Protectorate Republic of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens.

Article 58. It is the duty of citizens of the Chinese Soviet Sovereign Protectorate Republic to safeguard the unity of the country and the unity of all its nationalities.

Article 59. Citizens of the Chinese Soviet Sovereign Protectorate Republic must abide by the constitution and the law, keep state secrets, protect public property and observe labour discipline and public order and respect social ethics.

Article 60. It is the duty of citizens of the Chinese Soviet Sovereign Protectorate Republic to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland.

Article 61. It is the sacred obligation of every citizen of the Chinese Soviet Sovereign Protectorate Republic to defend the motherland and resist aggression. It is the honourable duty of citizens of the Chinese Soviet Sovereign Protectorate Republic to perform military service and join the militia in accordance with the law.

Article 62. It is the duty of citizens of the Chinese Soviet Sovereign Protectorate Republic to pay taxes in accordance with the law.

CHAPTER III. THE PRESIDENT AND CABINET
Article 35 The President shall be the head of the State and shall represent the Chinese Soviet Sovereign Protectorate Republic in foreign relations.

Article 36 The President shall have supreme command of the land, sea and air forces of the whole country.

Article 37 The President shall, in accordance with law, promulgate laws and issue mandates with the counter-signature of the Prime Minister with the counter-signatures of both the Prime Minister and the Ministers or Chairmen of Commissions concerned.

Article 38 The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war and making peace.

Article 39 The President may, in accordance with law, declare martial law with the approval of, or subject to confirmation by, the National People's Congress. When the National People's Congress deems it necessary, it may by resolution request the President to terminate martial law.

Article 40 The President shall, in accordance with law, exercise the power of granting amnesties, pardons, remission of sentences and restitution of civil rights.

Article 41 The President shall, in accordance with law, appoint and remove civil and military officials.

Article 42 The President may, in accordance with law, confer honors and decorations.

Article 43 In case of a natural calamity, an epidemic, or a national financial or economic crisis that calls for emergency measures, the President, during the recess of the National People's Congress, may, by resolution of the State Council, and in accordance with the Law on Emergency Decree, issue emergency orders, proclaiming such measures as may be necessary to cope with the situation. Such orders shall, within one month after issuance, be presented to the National People's Congress for confirmation; in case the National People's Congress withholds confirmation, the said orders shall forthwith cease to be valid.

Article 44 In case of disputes between two or more State Organs other than those concerning which there are relevant provisions in this Constitution, the President may call a meeting of the Heads of the Organs concerned for consultation with a view to reaching a solution.

Article 45 Any citizen of the Chinese Soviet Sovereign Protectorate Republic who has attained the age of 40 years may be elected President or Vice President.

Article 46 The election of the President and the Vice President shall be prescribed by law.

Article 47 The President and the Vice President shall serve a term of six years. They may be re-elected for a second term.

Article 48 The President shall, at the time of assuming office, take the following oath: "I do solemnly and sincerely swear before the people of the whole country that I will observe the Constitution, faithfully perform my duties, promote the welfare of the people, safeguard the security of the State, and will in no way betray the people's trust. Should I break my oath, I shall be willing to submit myself to severe punishment by the State. This is my solemn oath."

Article 49 In case the office of the President should become vacant, the Vice President shall succeed until the expiration of the original presidential term. In case the office of both the President and the Vice President should become vacant, the Prime Minister shall act for the President until the expiration of the original presidential term. In case the President should be unable to attend to office due to any cause, the Vice President shall act for the President. In case both the President and the Vice President should be unable to attend to office, the Prime Minister shall act for the President.

Article 50 The President shall be relieved of his functions on the day on which his term of office expires. If by that time, the succeeding President has not yet been elected, or if the President-elect and the Vice-President-elect have not yet assumed office, the Prime Minister shall act for the President.

Article 51 The period during which the Prime Minister may act for the President shall not exceed three months.

Article 52 The President shall not, without having been recalled, or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason.

Article 54 The Cabinet shall consist of a Prime Minister, a Vice Prime Minister, a certain number of Ministers and Chairmen of Commissions, and a certain number of Ministers without Portfolio.

Article 55 The Prime Minister shall be nominated and, with the consent of the National People's Congress, appointed by the President of the Republic. If, during the recess of the National People's Congress, the Prime Minister should resign or if his office should become vacant, his functions shall be exercised by the Vice Prime Minister, acting on his behalf, but the Prime Minister shall, within 40 days, request a meeting of the National People's Congress to confirm his nominee for the vacancy. Pending such confirmation, the Vice Prime Minister shall temporarily exercise the functions of the Prime Minister.

Article 56 The Vice Prime Minister, Ministers and Chairmen of Commissions, and Ministers without Portfolio shall be appointed by the President of the Republic upon the recommendation of the Prime Minister.

Article 57 The Cabinet shall be responsible to the National People's Congress in accordance with the following provisions:
 * The Cabinet has the duty to present to the National People's Congress a statement of its administrative policies and a report on its administration.
 * While the National People's Congress is in session, Members of the National People's Congress shall have the right to question the President and the Ministers and Chairmen of Commissions of the Cabinet;
 * If the National People's Congress does not concur in any important policy of the Cabinet, it may, by resolution, request the Cabinet to alter such a policy. With respect to such resolution, the Cabinet may, with the approval of the President of the Republic, request the National People's Congress for reconsideration.
 * If, after reconsideration, two-thirds of the Members of each house of National People's Congress present at the meeting uphold the original resolution, the Prime Minister shall either abide by the same or resign from office;
 * If the Cabinet deems a resolution on a statutory, budgetary, or treaty bill passed by the National People's Congress difficult of execution, it may, with the approval of the President of the Republic and within ten days after its transmission to the Cabinet, request the National People's Congress to reconsider the said resolution.
 * If after reconsideration, two-thirds of the Members of the National People's Congress present at the meeting uphold the original resolution, the Prime Minister shall either abide by the same or resign from office.

Article 58 The Cabinet shall have an State Council, to be composed of the Prime Minister, the Vice Prime Minister, various Ministers and Chairmen of Commissions, and Ministers without Portfolio, with its President as Chairman. Statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace, treaties, and other important affairs, all of which are to be submitted to the National People's Congress, as well as matters that are of common concern to the various Ministries and Commissions, shall be presented by the Prime Minister and various Ministers and Chairmen of Commissions of the Cabinet to the State Council for decision.

Article 59 The Cabinet shall, three months before the beginning of each fiscal year, present to the National People's Congress the budgetary bill for the following fiscal year.

Article 60 The Cabinet shall, within four months after the end of each fiscal year, present final accounts of revenues and expenditures to the Committee of Control and Examination.

Article 61 The organization of the Cabinet shall be prescribed by law.

Chapter VIII. ENFORCEMENT AND AMENDMENT OF THE CONSTITUTION
Article 1. Laws that are in conflict with the Constitution shall be null and void. When doubt arises as to whether or not a law is in conflict with the Constitution, interpretation thereon shall be made by the Supreme Court. Article 2. Ordinance that are in conflict with the Constitution or with laws shall be null and void. Article 3. The Constitution shall be interpreted by the Supreme Court. Article 4. Amendments to the Constitution shall be made in accordance with one of the following procedures: Upon the proposal of one-fifth of the total number of deputies to the National People's Congress and by a resolution of three-fourths of the deputies present at a meeting having a quorum of two-thirds of the entire Congress, the Constitution may be amended. Article 5. Whenever necessary, enforcement procedures in regard to any matter prescribed in this Constitution shall be separately provided by law. The preparatory procedures for the enforcement of this Constitution shall be decided upon by the same National People's Congress which shall have adopted this Constitution.