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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON INTENSIFYING EDUCATION IN THE LEGAL SYSTEM AND SAFEGUARDING STABILITY AND UNITY
 
(Adopted at the 19th Meeting of the Standing Committee of the
Sixth National People's Congress on January 22, 1987)
     
     
SUBJECT : SAFEGUARDING STABILITY AND UNITY
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 01/22/1987
IMPLEMENT DATE : 01/22/1987
LENGTH : 2,762 words
TEXT :
In order to develop socialist democracy, strengthen the socialist legal system, protect the lawful freedoms and rights of citizens, maintain public order and the political situation of stability and unity, reform the economic and political structures in a guided, planned and orderly way, and ensure the smooth progress of socialist modernization, the 19th Meeting of the Standing Committee of the Sixth National People's Congress reiterates:


1. Adhering to the Four Cardinal Principles, that is, upholding leadership by the Communist Party of China, upholding Marxism-Leninism and Mao Zedong Thought, upholding the people's democratic dictatorship, and keeping to the socialist road, this is the common political basis on which the entire Chinese people of all nationalities advance in unity and the fundamental guarantee for the smooth progress of socialist modernization. The Preamble to the Constitution adopted at the Fifth Session of the Fifth National People's Congress in 1982 points out: "Both the victory in China's New-Democratic Revolution and the successes in its socialist cause have been achieved by the Chinese people of all nationalities, under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao zedong Thought, by upholding truth, correcting errors and surmounting numerous difficulties and hardships. The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and follow the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize industry, agriculture, national defence and science and technology step by step to turn China into a socialist country with a high level of culture and democracy." This indicates that the Four Cardinal Principles not only represent the laws governing the development of history which are independent of man's will, but are also the decisive choice made by hundreds of millions of the Chinese people in their long-standing revolutionary struggles. For a certain period of time, the ideological trend towards bourgeois liberalization has been growing and proliferating. It negates the Four Cardinal Principles and runs counter to the Constitution and the fundamental interests and common will of the people throughout the country, and must be resolutely opposed.


2. Under the leadership of the Communist Party of China which is armed with Marxism-Leninism and Mao Zedong Thought, the Chinese people have overthrown the "three great mountains" (imperialism, feudalism and bureaucrat-capitalism___Tr.) which weighed on their backs, freeing themselves from the position of the enslaved, and becoming the masters of the state and society, and have scored the great victory in the socialist revolution and remarkable achievements in socialist construction. The most basic political conclusion drawn by the people of all nationalities from their own experience is: Without the Communist Party of China, there would have been no New China; and only socialism can save China. Of course, just as the resolution adopted at the Sixth Plenary Session of the 11th Central Committee of the Communist Party of China points out, the Party made both small and big mistakes in the past, including the gross mistakes of the "cultural revolution". The Party openly admitted and conscientiously corrected its mistakes in the spirit of upholding truth and correcting errors whenever they are discovered. This demonstrates that the Communist Party of China is the party that holds itself responsible for the people in earnest and has exuberant vitality.


3. Marxism-Leninism and Mao Zedong Thought is our fundamental guiding ideology. The Constitution stipulates: "The state strengthens the building of a socialist society with an advanced culture and ideology by promoting education in high ideals, ethics, general knowledge, discipline and legality." "The state advocates the civic virtues of love of the motherland, of the people, of labour, of science and of socialism. It conducts education among the people in patriotism and collectivism, in internationalism and communism and in dialectical and historical materialism, to combat capitalist, feudal and other decadent ideas." To ensure the progress of our modernization along the orientation of socialism and imbue our people with the spiritual motivation to advance towards this goal, it is imperative to help more and more citizens to acquire a dialectical materialist and historical materialist world outlook, so that they will conscientiously follow the road of socialism, the only road history has provided for us. This will be a fundamental task on the ideological front for a long time to come.


4. The Constitution stipulates: "The socialist system is the basic system of the People's Republic of China. Disruption of the socialist system by any organization or individual is prohibited." The Chinese people have resolutely chosen the road of socialism precisely because, through practice, they have come to realize that the socialist system is superior over the capitalist system. In the more than 30 years since the founding of the People's Republic, starting from a very backward economic and cultural basis, we have established an independent, fairly comprehensive socialist economic system; the economic strength of the state has increased considerably; education, science and culture have developed rapidly with some most advanced branches of science and technology reaching the advanced levels of the world; and the people's material and cultural life has improved notably. Of course, it will be a long process for our socialist economic system to change from being relatively imperfect to a fairly perfect one. This calls for our efforts to carry out, on the premise of adhering to the basic socialist economic system, the economic structural reform in the spirit of seeking truth from facts, reforming those specific systems that do not suit or do not completely suit the needs in the development of the social productive forces, so as to steadily improve our socialist system.


5. The Constitution stipulates: "The People's Republic of China is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants." As the essential feature of this state system of our country, the Constitution stipulates the following: " All power in the People's Republic of China belongs to the people." "The National People's Congress and the local people's congresses at various levels are the organs through which the people exercise state power." "The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's Congress." "The State Council, that is, the Central People's Government, of the People's Republic of China is the executive body of the highest organ of state power; it is the highest organ of state administration." The State Council shall "exercise unified leadership over the work of the local organs of state administration at various levels throughout the country." The Constitution also stipulates: "The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law." That is to say, we must practise full, genuine democracy among the people. Only when this is done, can the people unite on the basis of their common fundamental interests and concentrate their efforts on socialist modernization. The people's democratic dictatorship includes both the democracy practised among the people and the dictatorship exercised by the whole people over their enemy. The Constitution points out: "The exploiting classes as such have been abolished in our country. However, class struggle will continue to exist within certain bounds for a long time to come. The Chinese people must fight against those forces and elements, both at home and abroad, that are hostile to China's socialist system and try to undermine it." This constitutes the guarantee for the realization of socialist democracy, that is, people's democracy.


6. The Constitution stipulates: "The state organs of the People's Republic of China apply the principle of democratic centralism." "The National People's Congress and the local people's congresses at various levels are constituted through democratic elections. 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 by which they are supervised." Socialist democratic centralism is centralism based on a high level of democracy. To seek centralism by negating democracy will lead to no genuine centralism but mere autocracy instead. To seek democracy by negating centralism will result in anarchism, making the country as disunited as a heap of loose sand. Democratic elections are the basis on which democratic centralism is practised. to provide an effective guarantee for the electors to exercise their right to vote according to their wishes, the Electoral Law of the National People's Congress and Local People's Congresses stipulates that deputies to the people's congresses at the county and township levels shall be elected directly by their constituencies; on the basis of such direct elections, deputies to the people's congresses above the county level shall be elected by the people's congresses at the next lower level; all political parties, public organizations, electors or deputies may recommend candidates in accordance with the legal procedure and, through deliberation and discussion, determine the formal list of candidates for deputies according to the wishes of the majority of the electors of deputies; the elections shall be conducted by secret ballot, and the number of candidates shall be greater than the number of deputies to be elected; the electors or the constituencies shall have the right to recall the deputies they have elected. If this basic political system with Chinese characteristics is seriously followed, the Chinese people of all nationalities will be able to take control of state power through their own deputies. This constitutes a reliable guarantee for our country to stand the test of all kinds of risks. Of course, our state system has to go through a process of self-improvement and development, and so does socialist democracy at a high level. This is the very reason why we have to reform the political structure. In the meantime, there still exist shortcomings and mistakes in our process of developing socialist democracy and improving the socialist legal system. the systems established and the laws formulated have not been followed strictly everywhere. In some places the proper functions and powers of the people's congresses are not respected, preventing them from genuinely playing their role as organs of state power. During elections, the leaders of some units went so far as to compel the masses to elect or not to elect certain candidates, while some leaders refused to include in the list of candidates those recommended by the masses in accordance with the law, and so on and so forth. Acts like these go against the provisions of the Constitution and the law. Such phenomena must be brought to an end. State organs and functionaries must act strictly in accordance with the law and respect and protect the citizens' enjoyment of their freedoms and constitutional rights, including their democratic and other rights.


7. The Constitution stipulates: "Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration." The Constitution also provides citizens with other extensive freedoms and rights. Our state system and social system guarantee that citizens enjoy these freedoms and rights, The Constitution also stipulates: "Citizens of the People's Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the state, of society and of the collective, of upon the lawful freedoms and rights of other citizens." This provision is made precisely for the purpose of protecting the common interests of the Chinese people of all nationalities and of guaranteeing that all citizens can truly enjoy their freedoms and rights as provided by the Constitution.


8. The Constitution stipulates: "The state maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes criminal activities that endanger public security and disrupt the socialist economy as well al other criminal activities, and it punishes and reforms criminals." The Criminal Law of the People's Republic of China adopted at the second session of the Fifth National People's Congress in 1979 stipulates: "It shall be strictly prohibited for anyone to disturb public order by any means." "It shall be strictly forbidden to gather a crowd for 'beating, smashing and looting'." The Criminal Law stipulates that whoever disturbs public order so seriously that "work, production, business, education or scientific research cannot be conducted and the state and society suffer serious losses"; whoever assembles a crowd to disturb "order at stations, wharves, civil airports, market places, public parks, theatres, cinemas, exhibition halls, sports grounds or other public Places", or assembles a crowd to block traffic or undermine traffic order or resist "public security administration personnel of the state" or obstruct them "from carrying out their duties according to law, if the circumstances are serious"; "whoever causes a person's injury, disability or death through 'beating, smashing and looting'" and whoever destroys or forcibly takes "articles of public or private property"; "whoever, by violence or other methods, including the use of 'big character posters' and 'small character posters'", "publicly insults another person or fabricates facts to defame him, if the circumstances are serious"; "whoever, for the purpose of counterrevolution," incites "the masses to resist or sabotage the implementation of the state's laws or decrees" or propagandizes for and incites "the overthrow of the political power of the dictatorship of the proletariat and the socialist system through counter revolutionary slogans, leaflets or by other means" and commits a crime in violation of the Criminal Law shall be investigated for legal responsibility according to law. If some people are allowed to create trouble unscrupulously by ganging up with others and inciting them to disturb public order or order in work, in production, in education, in scientific research or in the lives of the masses of the people, recklessly breaking into state offices, factories, shops, schools and scientific research institutions, and disrupting the tranquillity of residential quarters, it would be impossible for state functionaries and workers to work, for shops to do business, for students to attend classes, for scientific research personnel to conduct scientific research, and for the masses of the people to live and rest, as they usually do. This will inevitably harm the lawful freedoms, democracy and other rights of citizens, undermine the political situation of stability and unity and hinder the progress of reform, opening up to the outside world and socialist modernization. This is obvious.


9. The Constitution stipulates: "The state upholds the uniformity and dignity of the socialist legal system." "The people of all nationalities, all state organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation." "All state organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated." "No organization of individual is privileged to be beyond the Constitution or the law." The Constitution of the Communist Party of China stipulates: "The Party must conduct its activities within the limits permitted by the Constitution and the laws of the state." All citizens must act within the limits prescribed by the Constitution and the law, and safeguard the implementation of the Constitution and the law.


The 19th Meeting of the Standing Committee of the Sixth National People's Congress maintains that developing socialist democracy and strengthening the socialist legal system are fundamental tasks with which China is confronted. We must further intensify education in the legal system and enable state organs and state functionaries at all levels and the broad masses of the people to acquire a good knowledge of the Constitution and the law, so that everybody is familiar with the law and knows how to abide by it and use legal means to combat all acts violating the Constitution and the law in order to protect the lawful freedoms, democracy and other rights of the people and maintain public order and the political situation of stability and unity. By so doing, we will surely achieve smooth progress in building up a powerful and prosperous socialist country with Chinese characteristics, one with a high level of socialist democracy and a sound socialist legal system.

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