Law of the People's Republic of China on National Defense (Amended in 2009)
Law of the People's Republic of China on National Defense (Amended in 2009)
Law of the People's Republic of China on National Defense (Amended in 2009)
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 5th session of the 8th National People's Congress on March 14, 1997; promulgated by the Order of the President [1997] No. 84 on March 14, 1997; and amended based on the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee by the 11th National People's Congress on August 27, 2009)
Contents
Chapter I General Provisions
Chapter II Functions and Powers of State Organs in National Defense
Chapter III The Armed Forces
Chapter IV Defense of the Frontiers, Seas and Air Space
Chapter V Defense Research and Production and Orders for Military Supplies
Chapter VI Defense Expenditures and Assets
Chapter VII Defense Education
Chapter VIII Defense Mobilization and State of War
Chapter IX Obligations and Rights of Citizens and Organizations Regarding National Defense
Chapter X Obligations, Rights and Interests of Servicemen
Chapter XI Foreign Military Relations
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of building up and Consolidating national defense and ensuring the smooth progress of the socialist modernization drive.
Article 2 This Law is applicable to military activities conducted by the State to prepare against and resist aggression, thwart armed subversion, safeguard the sovereignty, unification, territorial integrity and security of the State, as well as military-related activities in the political, economic, diplomatic, scientific, technological and educational fields.
Article 3 National defense provides the safeguard for the survival and development of the country.
The State reinforces its armed forces and the defense of its frontiers, seas and air space, develops defense research and production, makes defense education universal among all citizens, improves the mobilization system and modernizes national defense.
Article 4 The State independently builds and consolidates national defense by relying on its own efforts, practises the strategy of active defense and adheres to the principle of self-defense by the entire people.
While concentrating its efforts on developing the economy, the State shall build up national defense and promote the coordinated development of both.
Article 5 The State exercises unified leadership over activities involving national defense.
Article 6 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression.
Citizens of the People's Republic of China shall perform their obligations regarding national defense in accordance with law.
Article 7 The State and society respect and render preferential treatment to servicemen, protect their lawful rights and interests and carry out activities in various forms to support the army and give preferential treatment to the families of servicemen.
The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall carry out activities to support the government and cherish the people, in order to strengthen unity between the army and the government and between the army and the people.
Article 8 The People's Republic of China, in its military relations with other countries, safeguards world peace and opposes acts of aggression and expansion.
Article 9 The State and society commend and award, in various forms, the organizations and individuals that have made contributions in activities of national defense.
Organizations and individuals that, in violation of this Law and other relevant laws, refuse to fulfil their obligations regarding national defense or jeopardize the interests of national defense shall be investigated for legal responsibility according to law.
Chapter II Functions and Powers of State Organs in National Defense
Article 10 The National People's Congress, pursuant to the Constitution, decides on issues of war and peace and exercises other functions and powers in respect of national defense as stipulated by the Constitution.
The Standing Committee of the National People's Congress, pursuant to the Constitution, decides on the proclamation of a state of war, and on general or partial mobilization of the nation and exercises other functions and powers in respect of national defense as stipulated by the Constitution.
Article 11 The President of the People's Republic of China, in pursuance of the decisions of the National People's Congress or its Standing Committee, proclaims a state of war, issues mobilization orders and exercises other functions and powers in respect of national defense as stipulated by the Constitution.
Article 12 The State Council directs and administers the building up of national defense and exercises the following functions and powers:
1. to draw up development programmes and plans for the building up of national defense;
2. to formulate principles, policies and administrative rules and regulations in respect of the building up of national defense;
3. to direct and administer defense research and production;
4. to administer defense expenditures and assets;
5. to direct and administer national economy mobilization and other related work in the fields of mobilization of the people for defense purposes, civil air defense and defense communications;
6. to direct and administer the work of supporting the army and rendering preferential treatment to the families of servicemen and the work of making arrangements for demobilized servicemen;
7. to direct the work of defense education;
8. to exercise leadership jointly with the Central Military Commission over the building of the Chinese People's Armed Police Force and the Militia, the work of enlistment and reserve service and the administration of defense of the frontiers, seas and air space; and
9. other functions and powers relating to the building up of national defense as prescribed by law.
Article 13 The Central Military Commission directs all the armed forces of the country and exercises the following functions and powers:
1.
......
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 5th session of the 8th National People's Congress on March 14, 1997; promulgated by the Order of the President [1997] No. 84 on March 14, 1997; and amended based on the Decision on Amending Certain Laws adopted at the 10th Session of the Standing Committee by the 11th National People's Congress on August 27, 2009)
Contents
Chapter I General Provisions
Chapter II Functions and Powers of State Organs in National Defense
Chapter III The Armed Forces
Chapter IV Defense of the Frontiers, Seas and Air Space
Chapter V Defense Research and Production and Orders for Military Supplies
Chapter VI Defense Expenditures and Assets
Chapter VII Defense Education
Chapter VIII Defense Mobilization and State of War
Chapter IX Obligations and Rights of Citizens and Organizations Regarding National Defense
Chapter X Obligations, Rights and Interests of Servicemen
Chapter XI Foreign Military Relations
Chapter XII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of building up and Consolidating national defense and ensuring the smooth progress of the socialist modernization drive.
Article 2 This Law is applicable to military activities conducted by the State to prepare against and resist aggression, thwart armed subversion, safeguard the sovereignty, unification, territorial integrity and security of the State, as well as military-related activities in the political, economic, diplomatic, scientific, technological and educational fields.
Article 3 National defense provides the safeguard for the survival and development of the country.
The State reinforces its armed forces and the defense of its frontiers, seas and air space, develops defense research and production, makes defense education universal among all citizens, improves the mobilization system and modernizes national defense.
Article 4 The State independently builds and consolidates national defense by relying on its own efforts, practises the strategy of active defense and adheres to the principle of self-defense by the entire people.
While concentrating its efforts on developing the economy, the State shall build up national defense and promote the coordinated development of both.
Article 5 The State exercises unified leadership over activities involving national defense.
Article 6 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression.
Citizens of the People's Republic of China shall perform their obligations regarding national defense in accordance with law.
Article 7 The State and society respect and render preferential treatment to servicemen, protect their lawful rights and interests and carry out activities in various forms to support the army and give preferential treatment to the families of servicemen.
The Chinese People's Liberation Army and the Chinese People's Armed Police Force shall carry out activities to support the government and cherish the people, in order to strengthen unity between the army and the government and between the army and the people.
Article 8 The People's Republic of China, in its military relations with other countries, safeguards world peace and opposes acts of aggression and expansion.
Article 9 The State and society commend and award, in various forms, the organizations and individuals that have made contributions in activities of national defense.
Organizations and individuals that, in violation of this Law and other relevant laws, refuse to fulfil their obligations regarding national defense or jeopardize the interests of national defense shall be investigated for legal responsibility according to law.
Chapter II Functions and Powers of State Organs in National Defense
Article 10 The National People's Congress, pursuant to the Constitution, decides on issues of war and peace and exercises other functions and powers in respect of national defense as stipulated by the Constitution.
The Standing Committee of the National People's Congress, pursuant to the Constitution, decides on the proclamation of a state of war, and on general or partial mobilization of the nation and exercises other functions and powers in respect of national defense as stipulated by the Constitution.
Article 11 The President of the People's Republic of China, in pursuance of the decisions of the National People's Congress or its Standing Committee, proclaims a state of war, issues mobilization orders and exercises other functions and powers in respect of national defense as stipulated by the Constitution.
Article 12 The State Council directs and administers the building up of national defense and exercises the following functions and powers:
1. to draw up development programmes and plans for the building up of national defense;
2. to formulate principles, policies and administrative rules and regulations in respect of the building up of national defense;
3. to direct and administer defense research and production;
4. to administer defense expenditures and assets;
5. to direct and administer national economy mobilization and other related work in the fields of mobilization of the people for defense purposes, civil air defense and defense communications;
6. to direct and administer the work of supporting the army and rendering preferential treatment to the families of servicemen and the work of making arrangements for demobilized servicemen;
7. to direct the work of defense education;
8. to exercise leadership jointly with the Central Military Commission over the building of the Chinese People's Armed Police Force and the Militia, the work of enlistment and reserve service and the administration of defense of the frontiers, seas and air space; and
9. other functions and powers relating to the building up of national defense as prescribed by law.
Article 13 The Central Military Commission directs all the armed forces of the country and exercises the following functions and powers:
1.
......