Fundamental Rights and Obligations of Citizens

Article 33

All persons holding the nationality of the PRC are citizens of the PRC.

All citizens of the PRC are equal before the law.

The state shall respect and protect human rights.

Every citizen shallenjoy the rights prescribed by the Constitution and the law and must fulfill the obligations prescribed by the Constitution and the law.

Article 34

All citizens of the PRC who have reached the age of 18, regardless of ethnicity, race, gender, occupation, family background, religious belief, level of education, property statusor length of residence,shallhave the right to vote and stand for election; persons deprived of political rightsin accordance with lawshallbe an exception.

Article 35

Citizens of the PRC shallenjoy freedom of speech, the press, assembly, association, processionand demonstration.

Article 36

Citizens of the PRC shallenjoy freedom of religious belief.

No state organ, social organization or individual shallcoerce citizens to believe in or not to believe in any religion, nor shall they discriminate against citizens who believe in or do not believe in any religion.

The state shallprotect normal religious activities. No one shalluse religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the state’s education system.

Religious groups and religious affairs shall notbe subject tocontrol by foreign forces.

Article 37

The personal freedom of citizens of the PRC shall not be violated.

No citizen shallbe arrested unlesswith the approval or by the decision of a people’s procuratorate or by the decision of a people’s court, and arrests must be made by a public security organ.

Unlawful detention, or the unlawful deprivation or restriction of a citizen’s personal freedom by other means, is prohibited; the unlawful search of a citizen’s person is prohibited.

Article 38

The personal dignity of citizens of the PRC shall not be violated. It is prohibited to use any means to insult, libel or falsely accuse citizens.

Article 39

The homes of citizens of the PRC are inviolable. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited.

Article 40

Freedom and confidentiality of correspondenceof citizens of the PRC shall be protected by law. Except in cases necessary for nationalsecurity or criminal investigation, when public security organs or procuratorial organs shallexamine correspondence in accordance with procedures prescribed by law, no organization or individual shallinfringe on a citizen’s freedom and confidentiality of correspondence for any reason.

Article 41

Citizens of the PRC shall have the right to criticize and make suggestions regarding any state organor state employee,andhave the right to file with relevant state organscomplaints, charges or reports against any state organor state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort factsto make false accusations.

The state organconcerned must ascertain the facts concerning the complaints, charges or reports made by citizens and take responsibility for their handling. No oneshallsuppress such complaints, charges or reports or take retaliatory action.

Persons who have suffered losses resulting from infringement of their civil rights by any state organor state employee shall have the right to receive compensation in accordance with the provisions of law.

Article 42

Citizens of the PRC shall havethe right and the obligationto work.

The state shall, in various ways, create employment opportunities, strengthen worker protections, improve working conditions and, based on the development of production, increase remuneration for work andwork-related benefits.

Work is an honorable duty for every citizen who is able to work. All working people in stateowned enterprises and in urban and rural collective economic organizations should approach their own work as masters of their country. The state shall encourage socialist work contests and commend and award model workers and advanced workers. The state shall encourage citizens to participate in voluntary work.

The state shall provide necessary pre-employment training for its citizens.

Article 43 Working people in the PRC shall have the right to rest.

The state shall developrest and recuperation facilities forworking people and stipulate systems for employee working hours and vacations.

Article 44 The state shall, in accordance with the provisions of law, implement a retirement system for employees of enterprises, public institutions and state organs. The livelihood of retirees shall be ensured by the state and society.

Article 45 Citizens of the PRC shall have the right to material assistance from the state and society when they are aged, ill or have lost the capacity to work. The state shall develop the social insurance, social relief, and medical and health services necessaryfor citizens to enjoy this right.

The state and society shall guarantee the livelihood of disabled military personnel, provide pensions to the families of martyrs, and give preferential treatment to the family members of military personnel.

The state and society shall assist arrangements for the work, livelihood and education of citizens who are blind, deaf, mute or have other disabilities.

Article 46 Citizens of the PRC shall have the right and the obligation to receive education.

The state shall foster the all-round moral, intellectual and physical development of young adults, youths and children.

Article 47 Citizens of the PRC shall enjoy the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. The state shall encourage and assist creative work that is beneficialto the people of citizens engaged in education, science, technology, literature, art and other cultural activities.

Article 48 Women in the PRC shall enjoy equal rights with men in all spheres of life: political, economic, cultural, social and familial.

The state shall protect the rights and interests of women,implement a system of equal pay for equal work, and train and select female officials.

Article 49 Marriage, families, mothers and children shall be protected by the state.

Both husband and wife shall have theobligationto practice family planning.

Parents shall have the obligationto raise and educate their minor children; adult children shall have the obligationto support and assist their parents.

Infringement of the freedom of marriage is prohibited; mistreatment of senior citizens, women and children is prohibited.

Article 50 The PRC shall protect the legitimate rights and interests of Chinese nationals overseasas well as the lawful rights and interests of Chinese nationals who have returned from overseas and of the family members in China of Chinese nationals overseas.

Article 51 When exercising their freedoms and rights, citizens of the PRC shall not undermine the interests of the state, society or collectives, or infringe upon the lawful freedoms and rights of other citizens.

Article 52 Citizens of the PRC shall have the obligation to safeguard national unity and the solidarity of all the country’s ethnic groups.

Article 53 Citizens of the PRC must abide by the Constitution and the law, keep state secrets, protect public property, observe discipline in the workplace, observe public order, and respect social morality.

Article 54 Citizens of the PRC shall have the obligation to safeguard the security, honor and interests of the motherland; they must not behave in any way that endangers the motherland’s security, honor or interests.

Article 55 It is the sacred duty of every citizen of the PRC to defend the motherland and resist aggression.

It is an honorable obligation of citizens of the PRC to perform military service or join the militia in accordance with law.

Article 56 Citizens of the PRC shall have the obligation to pay taxes in accordance with law.