Organic Law
(February 17, 1934)
Order of the Executive Committee of the Provisional Central Government of the Chinese Soviet Republic
(Zhong Zi No. 1)
The Organic Law of the Central Soviet of the Chinese Soviet Republic is hereby enacted and promulgated. This order is given.
Chairman Mao Zedong
Vice-Chairmen Xiang Ying, Zhang Guotao
February 17, 1934

Organic Law of the Chinese Soviet Republic

Chapter I General Principles

Article 1 This Organic Law is formulated in accordance with the principles of the Outline Constitution of the Chinese Soviet Republic. The central Soviet organs of state power must be organized according to this law.

Chapter II The National Soviet Congress

Article 2 The National Soviet Congress is the supreme organ of state power of the Chinese Soviet Republic.

Article 3 The deputies to the National Soviet Congress are composed of deputies elected by the Soviet congresses of all provinces, the Soviet congresses of centrally-administered counties, and the Red Army.

Article 4 The National Soviet Congress shall be convened by the Central Executive Committee once every two years. If it cannot be convened on schedule due to special circumstances, it may be postponed.

Article 5 A temporary National Soviet Congress may, when necessary, be convened on the initiative of the Central Executive Committee, or be convened by the Central Executive Committee at the request of local Soviets representing one-third of the national population.

Article 6 The National Soviet Congress shall hear and discuss the report of the Central Executive Committee, formulate and amend the Constitution and other laws, decide on the major state policies of the nation, and re-elect the Central Executive Committee.

Chapter III The Central Executive Committee

Article 7 The Central Executive Committee is the supreme organ of state power during the periods when the National Soviet Congress is not in session.

Article 8 The number of members of the Central Executive Committee shall not exceed 585.

Article 9 The plenary session of the Central Executive Committee shall be convened by the Presidium of the Central Executive Committee once every six months. If it cannot be convened on schedule due to special circumstances, it may be postponed.

Article 10 A temporary session of the Central Executive Committee may be convened by a resolution of the Presidium of the Central Executive Committee, or at the request of more than half of the members of the Central Executive Committee.

Article 11 The Central Executive Committee is responsible to the National Soviet Congress and shall present a work report to the National Soviet Congress.

Article 12 The Central Executive Committee may promulgate various laws and decrees and enforce them throughout the entire territory of the Chinese Soviet Republic.

Article 13 The Central Executive Committee shall examine and approve all changes relating to national political and economic policies and state organs.

Article 14 The Central Executive Committee has the power to suspend the enforcement of and alter the decrees and resolutions of the Presidium of the Central Executive Committee, the People's Commissariat Council, and other organs.

Article 15 The Central Executive Committee shall elect a Presidium, consisting of no more than twenty-five persons, and shall elect one Chairman and two to four Vice-Chairmen.

Article 16 The Central Executive Committee shall select and appoint the People's Commissariat Council and its Chairman. Those selected and appointed as People's Commissars shall be members of the Central Executive Committee.

Chapter IV The Presidium of the Central Executive Committee

Article 17 The Presidium of the Central Executive Committee is the supreme organ of state power of the nation during the periods when the Central Executive Committee is not in session.

Article 18 The Presidium of the Central Executive Committee shall supervise the implementation of the Constitution of the Chinese Soviet Republic and all laws and resolutions of the National Soviet Congress and the Central Executive Committee.

Article 19 The Presidium of the Central Executive Committee has the power to suspend or alter the resolutions and decrees of the People's Commissariats.

Article 20 The Presidium of the Central Executive Committee has the power to suspend or alter the resolutions or decrees of the provincial Soviet congresses and their executive committees.

Article 21 The Presidium of the Central Executive Committee has the power to promulgate various laws and decrees, and has the power to examine and approve the decrees, regulations, and orders proposed by the People's Commissariat Council, the various People's Commissariats, and other subordinate organs.

Article 22 The Presidium of the Central Executive Committee shall resolve matters relating to the relationship between the People's Commissariat Council and the various People's Commissariats, and matters relating to the relationship among the Soviets of various provinces.

Article 23 The Presidium of the Central Executive Committee bears full responsibility to the Central Executive Committee and shall present a work report to the Central Executive Committee.

Chapter V Powers of the National Soviet Congress and the Central Executive Committee

Article 24 The powers of the National Soviet Congress and the Central Executive Committee are stipulated as follows:
(1) Promulgate and amend the Constitution.
(Note) This item is the exclusive power of the National Soviet Congress.
(2) Conclude various treaties on behalf of the Chinese Soviet Republic with foreign countries, and ratify international treaties.
(3) Formulate the systematic organization of the courts, and promulgate civil, criminal, and procedural laws.
(4) Promulgate the Labor Law, Land Law, Election Law, Marriage Law, Organic Law of the Soviets, and all separate laws.
(5) Decide on the major principles of internal and foreign policy.
(6) Alter the national borders.
(7) Define the powers of local Soviets, and resolve disputes between local Soviets.
(8) Delimit administrative regions, and have the power to establish, merge, reorganize, or dissolve local government organs.
(9) Declare war and conclude peace with foreign countries.
(10) Formulate systems of weights, measures, and currency.
(11) Issue domestic and foreign public bonds.
(12) Examine and approve budgets and final accounts.
(13) Set tax rates.
(14) Organize and direct the Navy, Army, and Air Force.
(15) Define the citizenship rights of nationals of the Chinese Soviet Republic, and the residence and citizenship rights of people of other nationalities residing within the territory of the Chinese Soviet Republic.
(16) Proclaim general or partial amnesties.
(17) Formulate the general principles for national education.
(18) Select, appoint, and remove the members and Chairman of the People's Commissariat Council.
(19) Stipulate policies and plans for industry, agriculture, commerce, and transport undertakings.
(20) Conclude treaties on behalf of the Chinese Soviet Republic with the various nationalities within China's borders for the formation of a Soviet federal republic.
(21) Have the power to remove and replace members of lower-level Soviet executive committees.

Chapter VI The People's Commissariat Council

Article 25 The People's Commissariat Council is the administrative organ of the Central Executive Committee and bears the responsibility for directing the administrative affairs of the whole nation.

Article 26 The People's Commissariat Council is composed of the following personnel:
(1) Chairman of the People's Commissariat Council,
(2) People's Commissar for Foreign Affairs,
(3) People's Commissar for Labour,
(4) People's Commissar for Land,
(5) People's Commissar for Military Affairs,
(6) People's Commissar for Finance,
(7) People's Commissar for National Economy,
(8) People's Commissar for Grain,
(9) People's Commissar for Education,
(10) People's Commissar for Internal Affairs,
(11) People's Commissar for Justice,
(12) Chairman of the Workers' and Peasants' Inspection Committee.
Supplementary Note (1): Based on the needs of the work, People's Commissars may be added at any time by the Central Executive Committee.
Supplementary Note (2): The title of People's Commissar may only be used by members of the People's Commissariat Council. Other central and local members may not use this title.

Article 27 For the purpose of suppressing counter-revolution, a State Political Security Bureau shall be established under the People's Commissariat Council, its organization to be determined separately.

Article 28 To achieve the purpose specified in Article 25 of this Organic Law, the People's Commissariat Council may, within the scope designated by the Central Executive Committee, promulgate various decrees and regulations and may adopt appropriate administrative measures to maintain administrative efficiency and order.

Article 29 The resolutions and all decrees and regulations promulgated by the People's Commissariat Council must be reported to the Presidium of the Central Executive Committee.

Article 30 Resolutions of the People's Commissariat Council that relate to major state policies shall be submitted to the Central Executive Committee or its Presidium for examination and approval. However, in urgent matters, the People's Commissariat Council may make a decision and report it to the Central Executive Committee or its Presidium.

Article 31 The People's Commissariat Council has the power to examine, revise, or suspend the decrees and resolutions proposed by the various People's Commissariats.

Article 32 If the various People's Commissariats and provincial Soviet executive committees have different opinions concerning the resolutions and various decrees of the People's Commissariat Council, they may raise their opinions with the Central Executive Committee or its Presidium, but must not suspend their execution.

Article 33 The People's Commissariat Council is responsible to the Central Executive Committee and its Presidium, and shall present its work reports to them on schedule.

Chapter VII The Supreme Court

Article 34 To safeguard the effectiveness of the revolutionary laws of the Chinese Soviet Republic, a Supreme Court is established under the Central Executive Committee.

Article 35 The Supreme Court shall have one President and two Vice-Presidents, appointed by the Presidium of the Central Executive Committee.

Article 36 Subordinate to the Supreme Court shall be established a Criminal Tribunal, a Civil Tribunal, and a Military Tribunal, each having one Presiding Judge.

Article 37 The jurisdiction of the Supreme Court is stipulated as follows:
(1) Provide statutory interpretations of general laws.
(2) Examine the judgments and decisions of provincial adjudication departments and senior military adjudication offices.
(3) Examine cases of law-breaking by personnel of senior government organs other than members of the Central Executive Committee during the execution of their duties (cases of law-breaking by members of the Central Executive Committee shall be handled separately by the Central Executive Committee or its Presidium).
(4) Adjudicate cases where an appeal is made against a judgment of a provincial adjudication department or a senior military adjudication office, or cases where a procurator disagrees with a judgment of a provincial adjudication department or a senior military adjudication office and lodges a protest.

Article 38 A Committee shall be organized within the Supreme Court, its number to be determined by the Presidium of the Central Executive Committee as needed. It shall be chaired by the President of the Supreme Court to discuss and decide on various important issues and cases within the Supreme Court's competence.

Article 39 The Supreme Court shall have one Procurator-General, one Deputy Procurator-General, and a number of Procurators. The Procurator-General and the Deputy Procurator-General shall be appointed by the Presidium of the Central Executive Committee.

Article 40 The detailed organization of the Supreme Court shall be determined separately.

Chapter VIII The Audit Commission

Article 41 An Audit Commission is established under the Central Executive Committee, its powers and functions being:
(1) Auditing the state's annual revenues and expenditures.
(2) Supervising the execution of the state budget.

Article 42 The Audit Commission shall be composed of five to nine persons, appointed by the Presidium of the Central Executive Committee.

Article 43 The Audit Commission shall have one Director and one Deputy Director. Other staff shall be appointed according to needs.

Chapter IX The Various People's Commissariats and Their Collegia

Article 44 Under the People's Commissariat Council are established the People's Commissariats of Foreign Affairs, Labour, Land, Military Affairs, Finance, National Economy, Grain, Education, Internal Affairs, and Justice.

Article 45 Each People's Commissariat shall have one to two Deputy People's Commissars, appointed by the Presidium of the Central Executive Committee, to assist the People's Commissar in their work and to act as People's Commissar in their absence for any reason.

Article 46 To facilitate the conduct of work by each People's Commissariat, a Collegium may be established under each People's Commissariat as a body for discussing and making recommendations on the work of that Commissariat.

Article 47 The members of each Commissariat's Collegium shall be appointed by the People's Commissariat Council. The number of members may be increased or decreased at any time as stipulated by the People's Commissariat Council. The respective People's Commissar shall serve as the ex officio Chairman of the Collegium.

Article 48 Each People's Commissar has the power to independently resolve all matters within their competence. However, important issues must be submitted to the Commissariat's Collegium for discussion. If the Collegium disagrees with a decision of the People's Commissar, it has the right to refer the matter to the People's Commissariat Council or the Presidium of the Central Executive Committee.

Article 49 The functions, powers, and detailed organization of each People's Commissariat shall be determined separately.

Article 50 Under the People's Commissariat Council are established the Revolutionary Military Council and the Workers' and Peasants' Inspection Committee; their functions, powers, and organization shall be determined separately.

Chapter X Supplementary Provisions

Article 51 This Organic Law shall come into force as of the date of its promulgation.