Li Keqiang publicly swore an oath to the constitution upon formally taking office after he was appointed as the Premier in the 1st Session of the 13th National People's Congress.

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 passed the Decision of the Central Committee of the Communist Party of China Regarding Several Major Issues in the Promotion of the Rule of Law, which 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 the Decision of the National People's Congress Standing Committee Regarding the Implementation of a Constitutional Oath System, with an effective date of January 1, 2016. The Decision requires 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, to publicly swear an oath to the constitution upon formally 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 Decision expanded the oath-taking requirement 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 Decision allows for the oath to 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:

我宣誓:忠于中华人民共和国宪法,维护宪法权威,履行法定职责,忠于祖国、忠于人民,恪尽职守、廉洁奉公,接受人民监督,为建设富强、民主、文明、和谐的社会主义国家努力奋斗!

Unofficial English translation:

I pledge to be loyal to the Constitution of the People's Republic of China, safeguard the authority of the Constitution, fulfill the legal responsibilities of my position, be loyal to the Motherland, be loyal to the people, show the utmost respect for my duty, pursue public affairs with integrity, accept the supervision of the people, and strive for a prosperous, strong, democratic, civilized, and harmonious socialist country!

A revised version was used in 2018:

我宣誓:忠于中华人民共和国宪法,维护宪法权威,履行法定职责,忠于祖国、忠于人民,恪尽职守、廉洁奉公,接受人民监督,为建设富强民主文明和谐美丽的社会主义现代化强国努力奋斗!

Unofficial English translation:

I swear that I will be loyal to the Constitution of the People's Republic of China, defend the authority of the Constitution, and perform my legal duties, I will be loyal to the Motherland and the people, I will perform my duties with full dedication and honesty, I will accept the supervision of the people, I will strive hard for the construction of the modern and powerful socialist country which is prosperous, democratic, civilized, harmonious, and beautiful!

See also

References

  1. ^ 孙中山的“中华民国临时大总统印”丢哪了
  2. ^ "Republican, Constitutional and Democratic". May 2011.
  3. ^ http://press-files.anu.edu.au/downloads/press/n5354/pdf/ch24.pdf[bare URL PDF]
  4. ^ 社科院法学专家:建议设立宪法宣誓制度和宪法日,网易,2014-10-21
  5. ^ "中华人民共和国澳门特别行政区基本法". 中国人大网. 2007-11-15. Archived from the original on 2017-07-17. Retrieved 2017-04-29.
  6. ^ "中华人民共和国香港特别行政区基本法". 中国政府网. 2005-07-29.
  7. ^ 中共中央关于全面推进依法治国若干重大问题的决定凤凰网,2014-10-28
  8. ^ "我国通过宪法宣誓制度". 人民网. 新华社. 2015-07-02. Retrieved 2015-10-08.
  9. ^ "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". National People's Congress. February 24, 2018. Archived from the original on June 30, 2018. Retrieved June 30, 2018.
  10. ^ "Public officials to sing national anthem, swear to serve 'great' China". The Standard. 2018-02-23. Retrieved 2018-02-25.
  11. ^ "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". National People's Congress. February 24, 2018. Archived from the original on July 4, 2018. Retrieved June 30, 2018.
  12. ^ "Constitution of the Republic of China (Taiwan) - Article Content - Laws & Regulations Database of the Republic of China (Taiwan)".