Rights and Duties of Citizens in Red China Constitution: Constitution Laws

Thu, 02/20/2014 - 22:07 -- Umar Farooq

Fundamental Rights of Chinese Citizens

Chapter 2 of Constitution of China 1982 contains the fundamental rights and duties of the citizens. There are 24-Articles in Constitution of China. In almost all the democratic countries, only the fundamental rights have been guaranteed by the constitution, but in China, like the constitution of Soviet Russia, the constitution speaks of the citizens as well. The state expects from its citizens the performance of certain duties in return for the rights it guarantee. From Article-33 to 51 the fundamental rights are enumerated and from article 52 to 56 the fundamental duties or the citizens of the People Republic of China.

The citizens of China, according to the constitution of China, enjoy the following fundamental rights.

  1. The Article-33 declares that the citizens of the People Republic of China are equal before law,
  2. Article-34 states that all citizens who have attained the age of 18 are entitled to vote and stand for selection except those deprived apolitical rights,
  3. According to Article-35 the citizens of China enjoy
  • Freedom of speech
  • freedom of press
  • freedom of assembly
  • Freedom of association and
  • Freedom of procession and demonstration.
  1. Article-36 ensures the freedom of religious beliefs
  2. Freedom of person is also guaranteed by the Article-37. No one can be arrested except by decision of the People's Court with the sanction of the People's Procurate.
  3. Inviolability of home, privacy of correspondence, freedom of residence and of change of residence are also guaranteed by Article-39 and 40.
  4. Article-43 guarantees the rights to rest to the working people of the People Republic of China. The State has therefore, limited the hours of the work and has prescribed holidays also.
  5. Article-44 enjoins that the livelihood to retired personal is to be ensured by the State and society.
  6. The citizens have a right to education by virtue of Article-46. For this purpose, the State is responsible for establishing various types of schools and colleges.
  7. Citizens are free to engage in scientific research, literary and artistic creation and other cultural pursuits. The State provides facilities for this purpose and encourages the same
  8. Article-48 provides equal rights to women with men in all spheres of political economic, cultural and social including family life. Article-49 assures protection marriage, the family, the mother and child.
  9. By virtue of Article-41, citizens of the People Republic of china have the right to lodge complaint against any person working, in organs of State for violation of law or neglect of duty. Provisions for compensation have also been made in this connection".
  10. Article-50 declares that the PRC protects the rights and interests of Chinese residents abroad.

Major Duties of Citizens in Red China Constitution

By Article-13, the state protects the rights of citizens to own lawfully earned incomes, savings, houses and other lawful property. It also protects the right of citizens to inherit property. Following the example of Soviet Union and India, the constitution of People Republic of China also imposed certain duties on the citizens of China.

The following are the duties of the citizens of the People Republic of China.

  1. Article-53 says that citizens of the People Republic of China must abide by the constitution and the law protects, public property; observe labour discipline and public order and respect social ethics.
  2. It is the duty of every citizen to pay taxes according to law.
  3. It is the sacred obligation of every citizen to defend the motherland and perform Military services (Artile-56).
  4. It is the duty of every citizen to safeguard the unity of the country (Article-32)
  5. It is the duty of citizens to safeguard security and honour of motherland (Article-54)

It is well established that China has achieved substantially unique status over four decades of the rule of Communist Party. She is now reckoned as one of the greatest powers of the world. This could be possible only if people are happy, contented and disciplined. There are neither beggars nor thieves and dacoits at large in die country. People do their work diligently and also obtain normal comforts a life. They are provided with their residence near the place of work. They do hard and enjoy well their hard earned income. The birth rate is reduced and marriages are delayed. It is a pointer that the people at large approve of the policies of the government. There is no exploitation of man by man and the principle, "from each according to his ability, to each according to his work” as laid down in Article-6 of the Chinese constitution is well protected. Equality before law, freedom of religious belief, protection of home and hearth, privacy of correspondence etc. guaranteed, as rights are fully entrenched. The freedom of speech, press, assembly, association, procession and demonstration; although secured under Article-35, arc allowed only to a limited extent against insignificant organ of state but not against the party or top brass of government.