Cabinet
d'avocats
adresse:
29 boulevard Raspail 75007 Paris
tel:
(331) 01.45.04.62.52 - fax: (331) 45.44.64.45
nous
répondrons à vos messages
CONSTITUTION
OF THE PEOPLE'S REPUBLIC OF CHINA
CHAPTER
TWO - THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS
Article
33
All
persons holding the nationality of the People's Republic of China are citizens
of the People's Republic of China.
All
citizens of the People's Republic of China are equal before the law.
Every
citizen is entitled to the rights and at the same time must perform the
duties prescribed by the Constitution and the law.
Article
34
All
citizens of the People's Republic of China who have reached the age of
18 have the right to vote and stand for election, regardless of ethnic
status, race, sex, occupation, family background, religious belief, education,
property status or length of residence, except persons deprived of political
rights according to law.
Article
35
Citizens
of the People's Republic of China enjoy freedom of speech, of the press,
of assembly, of association, of procession and of demonstration.
Article
36
Citizens
of the People's Republic of China enjoy freedom of religious belief.
No
state organ, public organization or individual may compel citizens to believe
in, or not 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
37
Freedom
of the person of citizens of the People's Republic of China is inviolable.
No
citizens 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
detention or deprivation or restriction of citizens' freedom of the person
by other means is prohibited, and unlawful search of the person of citizens
is prohibited.
Article
38
The
personal dignity of citizens of the People's Republic of China is inviolable.
Insult, libel, false accusation or false incrimination directed against
citizens by any means is prohibited.
Article
39
The
residences of citizens of the People's Republic of China are inviolable.
Unlawful search of, or intrusion into, a citizen's residence is prohibited.
Article
40
Freedom
and privacy of correspondence of citizens of the People's Republic of China
are protected by law. No organization or individual may, on any ground,
infringe on citizens' freedom of privacy of correspondence, except in cases
where to meet the needs of state security or of criminal investigation,
public security or procuratorial organs are permitted to censor correspondence
in accordance with procedures prescribed by law.
Article
41
Citizens
of the People's Republic of China have the right to criticize and make
suggestions regarding any state organ or functionary. Citizens have the
right to make to relevant state organs complaints or charges against, or
exposures of, any state organ or functionary for violation of the law or
dereliction of duty, but fabrication or distortion of facts for purposes
of libel or false incrimination is prohibited.
The
state organ concerned must deal with complaints, charges or exposures made
by citizens 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 as a result of infringement of their civic rights
by any state organ or functionary have the right to compensation in accordance
with the law.
Article
42**
Citizens
of the People's Republic of China have the right as well as the duty to
work.
Through
various channels, the state creates conditions for employment, enhances
occupational safety and health, improves working conditions and, on the
basis of expanded production, increases remuneration for work and welfare
benefits.
Work
is a matter of honor for every citizen who is able to work. All working
people in state enterprises and in urban and rural economic collectives,
should approach their work as the masters of the country that they are.
The state promotes socialist labor emulation, and commends and rewards
model and advanced workers. The state encourages citizens to take part
in voluntary labor.
The
state provides necessary vocational training for citizens before they are
employed.
Article
43
Working
people in the People's Republic of China have the right to rest.
The
state expands facilities for the rest and recuperation of the working people
and prescribes working hours and vacations for workers and staff.
Article
44
The
state applies the system of retirement for workers and staff of enterprises
and institutions and for functionaries of organs of state according to
law. The livelihood of retried personnel is ensured by the state and society.
Article
45
Citizens
of the People's Republic of China have the right to material assistance
from the state and society when they are old, ill or disabled. The state
develops social insurance, social relief and medical and health services
that are required for citizens to enjoy this right.
The
state and society ensure the livelihood of disabled members of the armed
forces, provides pensions to the families of martyrs and gives 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-mutes and other handicapped citizens.
Article
46
Citizens
of the People's Republic of China have the right as well as the duty to
receive education.
The
state promotes the all-round development of children and young people,
morally, intellectually and physically.
Article
47
Citizens
of the People's Republic of China have freedom to engage in scientific
research, literary and artistic creation and other cultural pursuits. The
state encourages and assists creative endeavors conducive to the interests
of the people that are made by citizens engaged in education, science,
technology, literature, art and other cultural work.
Article
48
Women
in the People's Republic of China enjoy equal rights with men in all spheres
of life, in political, economic, cultural, social and family life.
The
state protects the rights and interests of women, applies the principle
of equal pay for equal work to men and women alike and trains and selects
cadres from among women.
Article
49
Marriage,
the family and mother and child are protected by the state.
Both
husband and wife have the duty to practice family planning.
Parents
have the duty to rear and educate their children who are minors, 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
50
The
People's Republic of China 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
51
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 or of the
collective, or upon the lawful freedoms and rights of other citizens.
Article
52
It
is the duty of citizens of the People's Republic of China to safeguard
the unification of the country and the unity of all its nationalities.
Article
53
Citizens
of the People's Republic of China must abide by the Constitution and the
law, keep state secrets, protect public property, observe labor discipline
and public order and respect social ethics.
Article
54
In
is the duty of citizens of the People's Republic of China to safeguard
the security, honor and interests of the motherland; they must not commit
acts detrimental to the security, honor and interests of the motherland.
Article
55
It
is the sacred duty of every citizen of the People's Republic of China to
defend the motherland and resist aggression.
It
is the honorable duty of citizens of the People's Republic of China to
perform military service and join the militia in accordance with the law.
Article
56
It
is the duty of citizens of the People's Republic of China to pay taxesin
accordance with the law.
Cabinet
d'avocats
adresse:
29 boulevard Raspail 75007 Paris
tel:
(331) 01.45.04.62.52 - fax: (331) 45.44.64.45