Law of the People's Republic of China on Regional National Autonomy

Law of the People's Republic of China on Regional National Autonomy

Order of president [1984] No.13

May 51, 1984

Content
PREFACE
CHAPTER I GENERAL PROVISIONS
CHAPTER II ESTABLISHMENT OF NATIONAL AUTONOMOUS AREAS AND THE STRUCTURE OF THE ORGANS OF SELF-GOVERNMENT
CHAPTER III THE POWER OF AUTONOMY OF THE ORGANS OF SELF-GOVERNMENT
CHAPTER IV THE PEOPLE'S COURTS AND PEOPLE'S PROCURATORATES OF NATIONAL AUTONOMOUS AREAS
CHAPTER V RELATIONS AMONG NATIONALITIES WITHIN A NATIONAL AUTONOMOUS AREAS
CHAPTER VI LEADERSHIP AND ASSISTANCE FROM STATE ORGANS AT HIGHER LEVELS
CHAPTER VII SUPPLEMENTARY PROVISIONS

PREFACE

The People's Republic of China is a unitary multinational state created jointly by the people of all its nationalities. Regional national autonomy is the basic policy adopted by the Communist Party of China for the solution of the national question in China through its application of Marxism-Leninism; it is an important political system of the state.

Regional national autonomy means that the minority nationalities, under unified state leadership, practise regional autonomy in areas where they live in concentrated communities and set up organs of self-government for the exercise of the power of autonomy. Regional national autonomy embodies the state's full respect for and guarantee of the right of the minority nationalities to administer their internal affairs and its adherence to the principle of equality, unity and common prosperity for all its nationalities.

Regional national autonomy has played an enormous role in giving full play to the initiative of all nationalities as masters of the country, in developing among them a socialist relationship of equality, unity and mutual assistance, in consolidating the unification of the country and in promoting socialist construction in the national autonomous areas and the rest of the country. The system of regional national autonomy will have a still greater role to play in the country's socialist modernization in the years to come.

It has been proven by practice that adherence to regional national autonomy requires that the national autonomous areas be given effective guarantees for implementing state laws and policies in the light of existing local conditions; that large numbers of cadres at various levels and specialized personnel and skilled workers of various professions and trades be trained from among the minority nationalities; that the national autonomous areas strive to promote local socialist construction in the spirit of self-reliance and hard work and contribute to the nation's construction as a whole; and that the state strive to help the national autonomous areas speed up their economic and cultural development in accordance with the plans for national economic and social development. In the effort to maintain the unity of the nationalities, both big-nation chauvinism, mainly Han chauvinism, and local national chauvinism must be opposed.

Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the people of various nationalities in the autonomous areas shall, together with the people of the whole country, adhere to the people's democratic dictatorship and to the socialist road, concentrate their efforts on socialist modernization, speed up the economic and cultural development of the national autonomous areas, work towards their unity and prosperity and strive for the common prosperity of all nationalities and for the transformation of China into a socialist country with a high level of culture and democracy.

The Law of the People's Republic of China on Regional National Autonomy is the basic law for the implementation of the system of regional national autonomy prescribed in the Constitution.

CHAPTER I GENERAL PROVISIONS

Article 1 The Law of the People's Republic of China on Regional National Autonomy is formulated in accordance with the Constitution of the People's Republic of China.

Article 2 Regional autonomy shall be practised in areas where minority nationalities live in concentrated communities.
National autonomous areas shall be classified into autonomous regions, autonomous prefectures and autonomous counties.
All national autonomous areas are integral parts of the People's Republic of China.

Article 3 Organs of self-government shall be established in national autonomous areas as local organs of state power at a particular level.
The organs of self-government of national autonomous areas shall apply the principle of democratic centralism.

Article 4 The organs of self-government of national autonomous areas shall exercise the functions and powers of local organs of state as specified in Section 5 of CHAPTER III of the Constitution. At the same time, they shall exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, by this Law and other laws, and implement the laws and policies of the state in the light of existing local conditions.
The organs of self-government of autonomous prefectures shall exercise the functions and powers of local state organs over cities divided into districts and cities with counties under their jurisdiction and, at the same time, exercise the power of autonomy.

Article 5 The organs of self-government of national autonomous areas must uphold the unity of the country and guarantee that the Constitution and other laws are observed and implemented in these areas.

Article 6 The organs of self-government of national autonomous areas shall lead the people of the various nationalities in a concentrated effort to promote socialist modernization.
On the principle of not contravening the Constitution and the laws, the organs of self-government of national autonomous areas shall have the power to adopt special policies and flexible measures in the light of local conditions to speed up the economic and cultural development of these areas.
Under the guidance of state plans and on the basis of actual conditions, the organs of self-government of national autonomous areas shall steadily increase labour productivity and economic results, develop social productive forces and gradually raise the material living standards of the people of the various nationalities.
The organs of self-government of national autonomous areas shall inherit and carry forward the fine traditions of national cultures, build a socialist society with an advanced culture and ideology and with national characteristics, and steadily raise the socialist consciousness and scientific and cultural levels of the people of the various nationalities.

Article 7 The organs of self-government of national autonomous areas shall place the interests of the state as a whole above anything else and make positive efforts to fulfil the tasks assigned by state organs at higher levels.

Article 8 State organs at higher levels shall guarantee the exercise of the power of autonomy by the organs of self-government of national autonomous areas and shall, in accordance with the characteristics and needs of these areas, strive to help them speed up their socialist construction.

Article 9 State organs at higher levels and the organs of self-government of national autonomous areas shall uphold and develop the socialist relationship of equality, unity and mutual assistance among all of China's nationalities.
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