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chinaHome > Lawyers > China > Constitution> the fundamental rights and duties of citizens
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The Fundamental Rights and Duties of Citizens

Chapter 2 The Fundamental Rights and Duties of Citizens

Article 33: Citizenship, Equality

1. All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China.

2. All citizens of the People's Republic of China are equal before the law.

3. Every citizen enjoys the rights and at the same time must perform the duties prescribed by the Constitution and the law.

Article 34: Electoral Rights and Equality

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 nationality, 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: Religion

1. Citizens of the People's Republic of China enjoy freedom of religious belief.

2. No state organ, public organization, or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.

3. 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.

4. Religious bodies and religious affairs are not subject to any foreign domination.

Article 37: Personal Freedom

1. The personal freedom of citizens of the People's Republic of China is inviolable.

2. No citizen may be arrested except with the approval or by decision of a people's protectorate or by decision of a people's court, and arrests must be made by a public security organ.

3. Unlawful deprivation or restriction of citizens' personal freedom by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.

Article 38: Personal Dignity

The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false charge, or frame-up directed against citizens by any means is prohibited.

Article 39: Home

The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited.

Article 40: Correspondence

The 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 upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.

Article 41: Freedom of Speech

1. Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and 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 the purpose of libel or frame-up is prohibited.

2. 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 exposure, or retaliate against the citizens making them.

3. Citizens who have suffered losses through infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law.

Article 42: Work

1. Citizens of the People's Republic of China have the right as well as the duty to work.

2. Using various channels, the state creates conditions for employment, strengthens labor protection, improves working conditions, and, on the basis of expanded production, increases remuneration for work and social benefits.

3. Work is the glorious duty of every able-bodied citizen. All working people in state enterprises and in urban and rural economic collectives should perform their tasks with an attitude consonant with their status as masters of the country. The state promotes socialist labor emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labor.

4. The state provides necessary vocational training to citizens before they are employed.

Article 43: Leisure

1. Working people in the People's Republic of China have the right to rest.

2. The state expands facilities for rest and recuperation of working people, and prescribes working hours and vacations for workers and staff.

Article 44: Retirement

The state prescribes by law the system of retirement for workers and staff in enterprises and undertakings and for functionaries of organs of state. The livelihood of retired personnel is ensured by the state and society.

Article 45: Social Security

1. 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 the social insurance, social relief, and medical and health services that are required to enable citizens to enjoy this right.

2. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions for the families of martyrs, and give preferential treatment to the families of military personnel.

3. The state and society help make arrangements for the work, livelihood and education of the blind, deaf, mutes and other handicapped citizens.

Article 46: Education

1. Citizens of the People's Republic of China have the duty as well as the right to receive education.

2. The state promotes the all-round moral, intellectual, and physical development of children and young people.

Article 47: Research

Citizens of the People's Republic of China have the 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: Gender Equality

1. Women in the People's Republic of China enjoy equal rights with men in all spheres of life, political, economic, cultural, and social, including family life.

2. The state protects the rights and interests of women, applies the principle of equal pay for equal work for men and women alike, and trains and selects cadres from among women.

Article 49: Marriage, Family, Parentage

1. Marriage, the family, and mother and child are protected by the state.

2. Both husband and wife have the duty to practice family planning.

3. Parents have the duty to rear and educate their minor children, and children who have come of age have the duty to support and assist their parents.

4. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women, and children is prohibited.

Article 50: Nationals Abroad

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: Interest of the State

The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of the state, of society, and of the collective, or upon the lawful freedoms and rights of other citizens.

Article 52: Unity

It is the duty of citizens of the People's Republic of China to safeguard the unity of the country and the unity of all its nationalities.

Article 53: Obedience to the Constitution

Citizens of the People's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, and observe labor discipline and public order and respect social ethics.

Article 54: Integrity of the Motherland

It 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: Defense

1. It is the sacred obligation of every citizen of the People's Republic of China to defend the motherland and resist aggression.

2. 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: Taxation

It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law.
 
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