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The Chinese Constitution of 1975

On achieving nation-wide victory in 1949, the Chinese Communist Party (CCP) showed no desire to rush headlong into the task of making permanent constitutional arrangements for the governance of the world’s most populous state. The official attitude was that it would be unwise to attempt any rapid legal codification. Such action was deemed to be at best irrelevant, in view of the sheer amount of social, economic and political change envisaged. At worst, it could be detrimental in that the production of detailed legislation might well impede revolutionary advance. Accordingly, China’s leaders acted with caution. A temporary constitution, in the form of ‘The Common Programme’ was drawn up in 1949. This together with an ‘Organic Law of the Central People’s Government’ and a few lesser statutes, provided a framework for governing the People’s Republic in the first five years of its existence.’ It was not until September 1954 that the first National People’s Congress (NPC) promulgated a state constitution, the main features of which are discussed below.