1978 Constitution of the People's Republic of China
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The 1978 Constitution of the People's Republic of China
was promulgated in 1978. This was the PRC's 3rd constitution
, and was adopted at the 1st Meeting of the 5th National People's Congress
on March 5, 1978, two years after the downfall of the Gang of Four
.
The number of articles grew from the 1975 Constitution's 30 articles to double the amount. The courts and the procurates, which were minimised or dumped altogether in the 1975 Constitution of the People's Republic of China
, were somewhat restored.
The 1978 Constitution was the first Constitution in the PRC to touch explicitly on the political status of Taiwan
. It said that "Taiwan is part of China" and said that the PRC "must liberate Taiwan, and finish the great task of reunifying the motherland". However, in 1979, the PRC dropped the liberation stance and opted for peaceful reunification instead. Notice the usage of the word "China" in the 1978 Constitution; the 1982 Constitution mentioned that "Taiwan is a sacred part of the territory of the People's Republic of China" instead of just "China".
Citizen rights were also reinstated somewhat. The right to strike was still present, although it would be removed in the 1982 Constitution. However, the required support for the leadership of the Communist Party of China
and the socialist system remained as part of citizens' duties.
However, the Constitution still suffered from the backdrop of the just-gone-by Cultural Revolution
. Revolutionary language was still persistent (such as "Revolutionary Committees"), although the slogans were gone. The 1978 Constitution survived for four years before being superseded by the current (1982) Constitution of the People's Republic of China
during the Deng Xiaoping era
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
was promulgated in 1978. This was the PRC's 3rd constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
, and was adopted at the 1st Meeting of the 5th National People's Congress
5th National People's Congress
The 5th National People's Congress was in session from 1978 to 1983. It held five plenary sessions in this period.The Congress passed the 1978 Constitution of the People's Republic of China and the current Constitution of the People's Republic of China in 1982.-Elected state leaders:*Chairman of...
on March 5, 1978, two years after the downfall of the Gang of Four
Gang of Four
The Gang of Four was the name given to a political faction composed of four Chinese Communist Party officials. They came to prominence during the Cultural Revolution and were subsequently charged with a series of treasonous crimes...
.
The number of articles grew from the 1975 Constitution's 30 articles to double the amount. The courts and the procurates, which were minimised or dumped altogether in the 1975 Constitution of the People's Republic of China
1975 Constitution of the People's Republic of China
The 1975 Constitution of the People's Republic of China was promulgated in the midst of the unrest of the Cultural Revolution by the 4th National People's Congress....
, were somewhat restored.
The 1978 Constitution was the first Constitution in the PRC to touch explicitly on the political status of Taiwan
Political status of Taiwan
The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
. It said that "Taiwan is part of China" and said that the PRC "must liberate Taiwan, and finish the great task of reunifying the motherland". However, in 1979, the PRC dropped the liberation stance and opted for peaceful reunification instead. Notice the usage of the word "China" in the 1978 Constitution; the 1982 Constitution mentioned that "Taiwan is a sacred part of the territory of the People's Republic of China" instead of just "China".
Citizen rights were also reinstated somewhat. The right to strike was still present, although it would be removed in the 1982 Constitution. However, the required support for the leadership of the Communist Party of China
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
and the socialist system remained as part of citizens' duties.
However, the Constitution still suffered from the backdrop of the just-gone-by Cultural Revolution
Cultural Revolution
The Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
. Revolutionary language was still persistent (such as "Revolutionary Committees"), although the slogans were gone. The 1978 Constitution survived for four years before being superseded by the current (1982) Constitution of the People's Republic of China
Constitution of the People's Republic of China
The Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of...
during the Deng Xiaoping era