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2004 amendment to the Constitution of China
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Amendment to the Constitution of the People's Republic of China National People's Congress China National People's Congress yes 2004 3 14 yes 2004 3 14 Constitution of the People's Republic of China Standing Committee of the National People's Congress 2,863 10 17 in force 中華人民共和國國徽.svg
The Amendment to the Constitution of the People's Republic of China was proposed by the 16th Central Committee of the Chinese Communist Party and adopted at the second session of the 10th National People's Congress on 14 March 2004.
The amendments incorporated Three Represents to the constitution and included guarantees regarding private property.
History
On 27 March 2003, National People's Congress Standing Committee Chairman Wu Bangguo was appointed as the head of a taskforce to draft amendments to the constitution.Hu Taige Wei Changhao 18 November 2024 October 2024: Highlights of Wu Bangguo's Tenure as China's Chief Lawmaker https://newsletter.npcobserver.com/p/october-2024-highlights-of-wu-bangguos 2025-03-23 NPC Observer en From January 18 to 19, 2004, the second plenary session of the 19th CCP Central Committee was held and adopted the “Proposal of the Central Committee of the Chinese Communist Party on Amending Part of the Constitution".2003-10-14 中国共产党第十六届中央委员会第三次全体会议公报 http://cpc.people.com.cn/GB/64162/66174/4527285.html live https://web.archive.org/web/20060721200446/http://cpc.people.com.cn/GB/64162/66174/4527285.html 2006-07-21 2003-10-15 People's Daily zh It was the first amendment to the constitution to have been endorsed by the Central Committee, in addition to approval by the Politburo. On January 26, the CCP Central Committee submitted the proposal to the Standing Committee of the National People's Congress.(受权发布)中国共产党中央委员会关于修改宪法部分内容的建议 http://www.xinhuanet.com/2018-02/25/c_1122451187.htm live https://web.archive.org/web/20180225094722/http://www.xinhuanet.com/2018-02/25/c_1122451187.htm 2018-02-25 2018-02-25 Xinhua News Agency zh On 14 March 2004, the second session of the 10th National People's Congress passed the Constitutional Amendment with 2,863 votes in favor, 10 votes against, and 17 abstentions.2004-03-14 中华人民共和国全国人民代表大会公告 http://www.npc.gov.cn/npc/xinwen/lfgz/zxfl/2004-03/15/content_329510.htm dead https://web.archive.org/web/20180309182651/http://www.npc.gov.cn/npc/xinwen/lfgz/zxfl/2004-03/15/content_329510.htm 2018-03-09 2018-03-10 National People's Congress zh2004-03-14 中华人民共和国宪法修正案(2004年) http://www.npc.gov.cn/wxzl/wxzl/2004-04/19/content_334620.htm live https://web.archive.org/web/20170710064621/http://www.npc.gov.cn/wxzl/wxzl/2004-04/19/content_334620.htm 2017-07-10 2018-03-10 National People's Congress zh
Amendments
The amendment contains 14 articles. It incorporated the Three Represents into the Constitution. Martial law was renamed to the state of emergency and the amendments authorized the President to declare a state of emergency based on the decision of the National People's Congress. In addition, the March of the Volunteers was given constitutional status as the national anthem of China.2018-03-12 背景资料:中华人民共和国宪法历次修改梳理 https://www.reuters.com/article/%E8%83%8C%E6%99%AF%E8%B5%84%E6%96%99%EF%BC%9A%E4%B8%AD%E5%8D%8E%E4%BA%BA%E6%B0%91%E5%85%B1%E5%92%8C%E5%9B%BD%E5%AE%AA%E6%B3%95%E5%8E%86%E6%AC%A1%E4%BF%AE%E6%94%B9%E6%A2%B3%E7%90%86-idCNL3S1PE3K4 live https://web.archive.org/web/20220604214539/https://www.reuters.com/article/%E8%83%8C%E6%99%AF%E8%B5%84%E6%96%99%EF%BC%9A%E4%B8%AD%E5%8D%8E%E4%BA%BA%E6%B0%91%E5%85%B1%E5%92%8C%E5%9B%BD%E5%AE%AA%E6%B3%95%E5%8E%86%E6%AC%A1%E4%BF%AE%E6%94%B9%E6%A2%B3%E7%90%86-idCNL3S1PE3K4 2022-06-04 Reuters zh The amendments included guarantees regarding private property ("legally obtained private property of the citizens shall not be violated")Borst Nicholas The Bird and the Cage: China's Economic Contradictions 2025 Palgrave Macmillan 978-981-96-3996-0 48 and human rights ("the State respects and protects human rights").The government argued that this represented progress for Chinese democracy and was a sign from the CCP that they recognized the need to adapt to the booming Chinese economy, which had created a growing middle class who wanted private property protections.Zhong Huang https://www.business-humanrights.org/sites/default/files/documents/Merging%20Business%20and%20Human%20Rights%20in%20China.pdf Bridging Human Rights Principles and Business Realities in Northeast Asia Qian Cheng 2014 Vinlin Press Plantilla Jefferson R. Malaysia 21–53 The Disappearance of Hong Kong in Comics, Advertising and Graphic Design It also authorized the government to "expropriate", in addition to "requisitioning", private property in the public interest, if it "makes compensation according to law".
Chinese leader Hu Jintao said that "These amendments of the Chinese constitution are of great importance to the development of China [...] We will make serious efforts to carry them out in practice."
References
Category:2004 in China
Category:Amendments to the Constitution of China
Category:Hu Jintao