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1978 Constitution of the People's Republic of China

The 1978 Constitution of the People's Republic of China was promulgated in 1978. This was the PRC's 3rd promulgated constitution. It came into effect after the Gang of Four were smashed by the authorities. The official promulgation was done at the 1st Meeting of the 5th National People's Congress on March 5, 1978.

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 restored somewhat.

The 1978 Constitution was the first Constitution in the PRC to touch explicitly on the issue 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 The 1978 Constitution survived for four years before being superseded by the current (1982) Constitution of the People's Republic of China.

03-10-2013 05:06:04
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