Law of the People's Republic of China on Regional National Autonomy (Amended in 2001)

Law of the People's Republic of China on Regional National Autonomy (Amended in 2001)

Order of the President [2001] No.46

February 28, 2001

(Adopted at the Second Session of the Sixth National People's Congress on May 31, 1984, amended in accordance with the Decision on the Amending the Law of the People's Republic of China on Regional National Autonomy made at the 20th Meeting of the Standing Committee of the Ninth National People's Congress on February 28, 2001, and promulgated by the Order of the President No.46)

Contents
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 Area
Chapter VI Responsibilities of 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 a basic 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 the nationalities.

Regional national autonomy has played an enormous role in giving full play to the initiative of all the 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. In the years to come, continued efforts shall be made to uphold and improve the system of regional national autonomy, so that it will play a greater role in the country's socialist modernization drive.

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, Mao Zedong Thought and Deng Xiaoping Theory, 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 policy of reform and opening to the outside world, march along the road of constructing socialism with Chinese characteristics, concentrate their efforts on the socialist modernization drive, develop the socialist market economy, foster the development of socialist democracy and the socialist legal system, enhance socialist cultural and ideological progress, 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 the nationalities and for the transformation of China into a prosperous, powerful, democratic and culturally advanced socialist country.

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 practiced 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 the 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 the 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 labor 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 fulfill 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. Discrimination against and oppression of any nationality shall be prohibited; any act that undermines the unity of the nationalities or instigates national division shall also be prohibited.

Article 10 The organs of self-government of national autonomous areas shall guarantee the freedom of the nationalities in these areas to use and develop their own spoken and written languages and their freedom to preserve or reform their own folkways and customs.

Article 11 The organs of self-government of national autonomous areas shall guarantee the freedom of religious belief to citizens of the various nationalities.
No State organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion, nor may they discriminate against citizens who believe in, or do not believe in, any religion.
The State shall protect normal religious activities.
No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the State.
Religious bodies and religious affairs shall not be subject to any foreign domination.

Chapter II Establishment of National Autonomous Areas and the Structure of the Organs of Self-government

Article 12 Autonomous areas may be established where one or more minority nationalities live in concentrated communities, in the light of local conditions such as the relationship among the various nationalities and the level of economic development, and with due consideration for historical background.
Within a national autonomous area, appropriate autonomous areas or nationality townships may be established where other minority nationalities live in concentrated communities.
Some residential areas and towns of the Han nationality or other nationalities may be included in a national autonomous area in consideration of actual local conditions.

Article 13 With the exception of special cases, the name of a national autonomous area shall be composed of the name of the locality and the name of the nationality and the administrative status, in that order.

Article 14 The establishment of a national autonomous area, the delineation of its boundaries and the elements of its name shall be proposed by the State organ at the nest higher level jointly with the State organ in the relevant locality, after full consultation with representatives of the relevant nationalities, before they are submitted for approval according to the procedures prescribed by law.
Once established, no national autonomous area may, without legal procedures, be abolished or merged.
　　......