Constitutional oath of office of China explained

The constitutional oath of office of China was implemented on January 1, 2016, through a decision by the Standing Committee of the National People's Congress of China. The oath of office requirement applies to state civil servants elected or appointed by the National People's Congress and its Standing Committee at or above the county level.

Background and history

After the overthrow of the last imperial dynasty in 1911, the Republic of China was founded and an oath system was imposed with Sun Yat-sen taking the helm.[1] [2] [3] The oath system continues today in Taiwan and is specified in Article 48 of the Constitution of the Republic of China.

Since the founding of the People's Republic of China in 1949, a constitutional oath system had never been established. Hong Kong and Macau each had oath systems prior to their return to the PRC, and both regions implemented oaths according to the Hong Kong Basic Law and Macau Basic Law, respectively, following China's resumption of sovereignty.[4] [5] [6]

On October 23, 2014, the Fourth Plenum of the 18th Central Committee of the Chinese Communist Party proposed "establishing a constitutional oath system, such that all state civil servants elected or appointed by the National People's Congress or its Standing Committee publicly swear an oath to the constitution upon formally taking office."[7] On July 1, 2015, the 15th Meeting of the 12th Standing Committee of the National People's Congress passed a decision to implement a constitutional oath, with an effective date of January 1, 2016. State civil servants elected or appointed by the National People's Congress, its Standing Committee, the State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate, and other central government organs, as well as equivalent local government organs at or above the county level, are required to publicly swear an oath to the constitution upon taking office.[8]

On February 23, 2018, the 33rd Meeting of the 12th Standing Committee of the National People's Congress revised the decision that instituted the constitutional oath. The constitutional oath's last phrase was changed to "to work for a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious, and beautiful." In addition, the oath-taking requirement was expanded to include members of the newly created National Supervisory Commission, and required the national anthem to be played at the oath taking ceremony.[9] [10]

Ceremony

The oath may be taken individually or in a group. If taken individually, the oath taker places his or her left hand on a copy of the Constitution, and raises his or her right hand in a fist. If taken in a group, one person leads the ceremony, with his or her left hand on a copy of the Constitution and his or her right hand raised in a fist. The other oath takers stand in a line with their right hands raised in a fist, and recite the oath along with the leader. The ceremony is to be "dignified" and "solemn," and the Chinese flag or the National Emblem of China. The National Anthem of the People's Republic of China must also be played at the ceremony.[11] [12]

Oath

People's Republic of China

As prescribed by the decision in 2016:

Unofficial English translation:

A revised version was used in 2018:

Unofficial English translation:

See also

Notes and References

  1. https://m.sohu.com/a/307105236_557768/?pvid=000115_3w_a 孙中山的“中华民国临时大总统印”丢哪了
  2. Web site: Republican, Constitutional and Democratic. May 2011.
  3. http://press-files.anu.edu.au/downloads/press/n5354/pdf/ch24.pdf
  4. http://news.163.com/14/1021/06/A92FUAMR00014SEH.html 社科院法学专家:建议设立宪法宣誓制度和宪法日
  5. Web site: 中华人民共和国澳门特别行政区基本法. 2007-11-15. 中国人大网. 2017-04-29. https://web.archive.org/web/20170717051614/http://www.npc.gov.cn/npc/bmzz/aomen/2007-11/15/content_1372993.htm. 2017-07-17. dead.
  6. Web site: 中华人民共和国香港特别行政区基本法. 2005-07-29. 中国政府网.
  7. http://news.ifeng.com/a/20141028/42318825_0.shtml 中共中央关于全面推进依法治国若干重大问题的决定
  8. Web site: 我国通过宪法宣誓制度. 2015-07-02. 人民网. 新华社. 2015-10-08.
  9. Web site: 关于《全国人民代表大会常务委员会关于实行宪法宣誓制度的决定(修订草案)》的说明. February 24, 2018. National People's Congress. https://web.archive.org/web/20180630190112/http://www.npc.gov.cn/npc/xinwen/2018-02/24/content_2038166.htm. June 30, 2018. dead. June 30, 2018.
  10. Web site: Public officials to sing national anthem, swear to serve 'great' China . 2018-02-23. The Standard. 2018-02-25.
  11. Web site: 全国人民代表大会常务委员会关于实行宪法宣誓制度的决定. February 24, 2018. National People's Congress. https://web.archive.org/web/20180704060231/http://www.npc.gov.cn/npc/xinwen/2018-02/24/content_2038128.htm. July 4, 2018. dead. June 30, 2018.
  12. Web site: Constitution of the Republic of China (Taiwan) - Article Content - Laws & Regulations Database of the Republic of China (Taiwan) .