Skip to content
Surf Wiki
Save to docs
law

From Surf Wiki (app.surf) — the open knowledge base

1978 Constitution of China

Former constitution


Former constitution

FieldValue
document_nameConstitution of the People's Republic of China
jurisdiction
date_ratified
writerNational People's Congress
supersedes[1975 Constitution of the People's Republic of China](1975-constitution-of-the-people-s-republic-of-china)
wikisourceConstitution of the People's Republic of China (1978)

The 1978 Constitution of the People's Republic of China was a communist state constitution 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.

Content

The number of articles grew from the 1975 Constitution's 30 articles to double the amount. The courts and the procurates, which were minimized or dumped altogether in the 1975 Constitution of the People's Republic of China, were somewhat restored. A greater degree of separation of the party from the state was also instituted, with the Premier regaining the right to nominate cabinet ministers and the National People's Congress no longer defined as an extension of the Chinese Communist Party. A number of checks and balances present in the 1954 Constitution, including term limits for party leaders, elections and more independence in the judiciary, were restored.

Regarding religion, the 1978 Constitution stated, "[C]itizens enjoy freedom to believe in religion and freedom not to believe in religion and to propagate atheism."

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. The 1982 Constitution mentioned that "Taiwan is a sacred part of the territory of the People's Republic of China" instead of just "China".

Citizens' 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 and the socialist system remained as part of citizens' duties. Nevertheless, the 1978 Constitution witnessed the first time since the 1950s that the document was considered authoritative enough for its provisions to merit the government's attention. For instance, after the Democracy Wall movement saw students using the constitutionally-guaranteed right to use big-character posters to criticize the government, the party responded by ordering a series of constitutional amendments which deleted this right in 1980. Previously, during the Tiananmen Square incident in 1976 when this same right had been invoked to criticize Mao Zedong and the Gang of Four, the government ordered the People's Liberation Army to suppress dissent without any effort to reconcile that action with the constitution.

Altogether, 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 China during the Deng Xiaoping era.

In addition to inheriting some fundamental principles from the 1954 Constitution, the 1978 Constitution officially included the Four Modernizations policy with an emphasis on socialist democracy, scientific and educational development. It also mandated in the preamble part that China must "be constructed into a great, powerful, modern socialist country in agriculture, industry, national defense, science and technology within the century".

References

References

  1. Yan, Sun. (1995). "The Chinese Reassessment of Socialism, 1976-1992". Princeton University Press.
  2. Mariani, Paul Philip. (2025). "China's Church Divided: Bishop Louis Jin and the Post-Mao Catholic Revival". [[Harvard University Press]].
Info: Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

Want to explore this topic further?

Ask Mako anything about 1978 Constitution of China — get instant answers, deeper analysis, and related topics.

Research with Mako

Free with your Surf account

Content sourced from Wikipedia, available under CC BY-SA 4.0.

This content may have been generated or modified by AI. CloudSurf Software LLC is not responsible for the accuracy, completeness, or reliability of AI-generated content. Always verify important information from primary sources.

Report