This Day in the Law
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December 4

China Adopts Modern Constitution (1982)


On December 4, 1982, China adopted its current and modern constitution. The constitution is called the Constitution of the People’s Republic of China and is the highest law in China.

China adopted its first constitution in 1954 in Beijing. However, over time, discontent grew with the constitution and people called for reform. Deng Xiaoping, a highly esteemed statesman and diplomat, became leader of the Chinese Communist Party in the early 1980s and worked to reform the Chinese Constitution. Deng worked to integrate the Chinese Constitution with the modern Chinese economy suited towards capitalism and a free market economy.

On this day, December 4, 1982, China adopted its current constitution led by Deng Xiaoping. Since 1982, China has revised it constitution multiple times in attempts to continue to improve stability and growth for the Chinese economy.

The Chinese Constitution is comprised of five main sections, including the preamble, the general principles, fundamental rights and duties of citizens, structure of the state, and the national flag and emblems of the state. The Chinese Constitution also clearly states that China is a socialistic system and that disruption of its system is prohibited by any person or organization.

Today, China is the most populated country and comprises around 1/5th of the world’s population with over 1.3 billion people (and growing). As such, the Chinese Constitution acts as the legal foundation for more people than any other constitution in the world.

The beginning of the Preamble of the Chinese Constitution is translated as such:
PREAMBLE

China is one of the countries with the longest histories in the world. The people of all nationalities in China have jointly created a splendid culture and have a glorious revolutionary tradition. Feudal China was gradually reduced after 1840 to a semi-colonial and semi-feudal country. The Chinese people waged wave upon wave of heroic struggles for national independence and liberation and for democracy and freedom. Great and earth-shaking historical changes have taken place in China in the 20th century. The Revolution of 1911, led by Dr Sun Yat-sen, abolished the feudal monarchy and gave birth to the Republic of China. But the Chinese people had yet to fulfil their historical task of overthrowing imperialism and feudalism. After waging hard, protracted and tortuous struggles, armed and otherwise, the Chinese people of all nationalities led by the Communist Party of China with Chairman Mao Zedong as its leader ultimately, in 1949, overthrew the rule of imperialism, feudalism and bureaucrat capitalism, won the great victory of the new-democratic revolution and founded the People's Republic of China. Thereupon the Chinese people took state power into their own hands and became masters of the country.