Order No. 1 of the Executive Committee of the Provisional Central Government of the Chinese Soviet Republic

Now, the Organizational Law of the Central Soviet of the Chinese Soviet Republic is hereby formulated and promulgated.

This order is issued on November 17, 1934.

Chairman: Mao Zedong
Vice Chairmen: Xiang Ying, Zhang Guotao

Article 1 This Organizational Law is formulated based on the principles of the Constitutional Outline of the Chinese Soviet Republic, and the central political power organs of the Soviet must be organized in accordance with this Law.

Chapter I: The National Soviet Congress

Article 2 The National Soviet Congress is the highest political power organ of the Chinese Soviet Republic.

Article 3 The delegates to the National Soviet Congress shall be composed of delegates elected by the Soviet Congresses of each province, the Soviet Congresses of counties directly under the Central Government, 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 shall be convened by the Central Executive Committee on its own initiative when necessary, or 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 listen to and discuss the reports of the Central Executive Committee, formulate and amend the Constitution and other laws, decide on the major policies of the country, and reorganize the Central Executive Committee.

Chapter II: The Central Executive Committee

Article 7 The Central Executive Committee is the highest political power organ during the adjournment of the National Soviet Congress.

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 meeting 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 submit a work report to the National Soviet Congress.

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

Article 13 The Central Executive Committee shall review and approve all national political and economic policies and changes in state organs.

Article 14 The Central Executive Committee has the power to suspend the execution and change the decrees and resolutions of the Presidium of the Central Executive Committee, the People's Committee, and other organs.

Article 15 The Central Executive Committee shall elect a Presidium, the number of which shall not exceed 115. It shall also elect one Chairman and one to four Vice Chairmen.

Article 16 The Central Executive Committee shall elect and appoint the People's Committee and its Chairman. Those elected 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 highest political power organ of the country during the adjournment of the Central Executive Committee.

Article 18 The Presidium of the Central Executive Committee shall supervise the implementation of the Constitution of the Chinese Soviet Republic and the Organizational Law of the Central Soviet, various laws and decrees, 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 change the resolutions and decrees of the People's Commissariat.

Article 20 The Presidium of the Central Executive Committee has the power to suspend or change the resolutions or orders of the Soviet Congresses and their Executive Committees of each province.

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

Article 22 The Presidium of the Central Executive Committee shall resolve issues concerning the relationship between the People's Committee and the various People's Commissariats, and issues concerning the relationship between the Soviets of each province.

Article 23 The Presidium of the Central Executive Committee is fully responsible to the Central Executive Committee and shall submit 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) Represent the Chinese Soviet Republic in concluding various treaties with foreign countries and ratifying international treaties.

(3) Formulate the system of court organization and promulgate civil, criminal, and procedural laws.

(4) Promulgate labor laws, land laws, election laws, marriage laws, Soviet organizational laws, and all single laws.

(5) Decide on the general principles of domestic and foreign policy.

(6) Revise national borders.

(7) Determine the powers of local Soviets and resolve disputes between local Soviets.

(8) Divide administrative regions and have the power to establish, merge, transform, or dissolve local political power organs.

(9) Declare war and make peace.

(10) Formulate weights and measures and currency systems.

(11) Issue domestic and foreign public bonds.

(12) Review and approve budgets and final accounts.

(13) Establish tax rates.

(14) Organize and direct the army, navy, and air force.

(15) Formulate the citizenship rights of citizens 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) Announce full or partial amnesty.

(17) Formulate general principles of national education.

(18) Elect and remove members and chairmen of the People's Committee.

(19) Stipulate policies and plans for industry, agriculture, commerce, and transportation.

(20) Represent the Chinese Soviet Republic in concluding treaties with various ethnic groups within China to organize a Soviet Federal Republic.

(21) Have the power to remove and change members of lower-level Soviet Executive Committees.

Chapter VI: The People's Committee

Article 25 The People's Committee is the administrative organ of the Central Executive Committee and is responsible for directing national administrative affairs.

Article 26 The People's Committee shall be organized by the following personnel:

(1) Chairman of the People's Committee,

(2) People's Commissar of Foreign Affairs,

(3) People's Commissar of Labor,

(4) People's Commissar of Land,

(5) People's Commissar of Military Affairs,

(6) People's Commissar of Finance,

(7) People's Commissar of National Economy,

(8) People's Commissar of Grain,

(9) People's Commissar of Education,

(10) People's Commissar of Internal Affairs,

(11) People's Commissar of Justice,

(12) Chairman of the Workers' and Peasants' Inspection Committee.

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

Article 28 In order to achieve the purpose of Article 25 of this Organizational Law, the People's Committee may promulgate various laws and regulations within the scope designated by the Central Executive Committee, and may take appropriate administrative policies to maintain administrative speed and order.

Article 29 The resolutions of the People's Committee and the various laws and regulations promulgated shall be reported to the Presidium of the Central Executive Committee.

Article 30 Resolutions of the People's Committee that are related to major policies shall be submitted to the Central Executive Committee or its Presidium for review and approval. However, in case of emergency, the People's Committee may resolve the matter and report it to the Central Executive Committee or its Presidium.

Article 31 The People's Committee has the power to review, revise, or suspend the laws and resolutions proposed by the various People's Commissariats.

Article 32 If the various People's Commissariats and the Executive Committees of the Soviets of each province have different opinions on the resolutions and various laws and regulations of the People's Committee, they may submit their opinions to the Central Executive Committee or its Presidium, but they shall not suspend implementation.

Article 33 The People's Committee is responsible to the Central Executive Committee and its Presidium and shall submit work reports to them on time.

Chapter VII: The Supreme Court

Article 34 In order to ensure the effectiveness of the revolutionary laws of the Chinese Soviet Republic, a Supreme Court shall be established under the Central Executive Committee.

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

Article 36 Under the Supreme Court, there shall be a Criminal Court, a Civil Court, and a Military Court, each with one Presiding Judge.

Article 37 The powers of the Supreme Court are stipulated as follows:

(1) To provide legal interpretations of general laws.

(2) To review the judgments and resolutions of the trial divisions of each province and the higher military tribunals.

(3) To review cases of illegal acts committed by senior officials of organs above the Central Executive Committee during the performance of their duties (cases of illegal acts committed by members of the Central Executive Committee shall be handled separately by the Central Executive Committee or its Presidium).

(4) To hear cases of appeals against judgments of provincial trial divisions or higher military tribunals, or cases of protests raised by prosecutors who disagree with the judgments of provincial trial divisions or higher military tribunals.

Article 38 A committee shall be organized within the Supreme Court, the number of which shall be determined by the Presidium of the Central Executive Committee as needed, with the President of the Supreme Court as the chairman, to discuss and decide on important issues and cases within the powers of the Supreme Court.

Article 39 The Supreme Court shall have one Procurator-General, one Deputy Procurator-General, and a number of Procurators. The Procurator-General and 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 Auditing Committee

Article 41 An Auditing Committee shall be established under the Central Executive Committee, and its powers are:

(1) To audit national revenue and expenditure.

(2) To supervise the implementation of the national budget.

Article 42 The Auditing Committee shall be organized by five to nine people, who shall be appointed by the Presidium of the Central Executive Committee.

Article 43 The Auditing Committee shall establish one Director and one Deputy Director. Other staff shall be established as needed.

Chapter IX: The Various People's Commissariats and Departmental Committees

Article 44 Under the People's Committee, there shall be People's Commissariats of Foreign Affairs, Labor, 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, who shall be appointed by the Presidium of the Central Executive Committee to assist the People's Commissar in his work and to act as the People's Commissar in his absence.

Article 46 In order to facilitate the work of the various People's Commissariats, Departmental Committees may be established under the various People's Commissariats as organs for discussing and advising on the work of the department.

Article 47 The members of the various Departmental Committees shall be appointed by the People's Committee. The number of members shall be increased or decreased by the People's Committee at any time. The respective People's Commissar shall be the ex officio chairman of the Departmental Committee.

Article 48 Each People's Commissar has the power to independently resolve all issues within his powers. However, important issues shall be submitted to the Departmental Committee for discussion. If the Committee disagrees with the decision of the People's Commissar, it has the power to submit it to the People's Committee or the Presidium of the Central Executive Committee.

Article 49 The powers and detailed organization of the various People's Commissariats shall be determined separately.

Article 50 A Revolutionary Military Committee and a Workers' and Peasants' Inspection Committee shall be established under the People's Committee, and their powers and organization shall be determined separately.

Chapter X: Supplementary Provisions

Article 51 This Organizational Law shall take effect from the date of its promulgation.

--- Notes

Note (1): Depending on the needs of the work, the Central Executive Committee may increase the number of People's Commissars at any time.


Note (2): The title of People's Commissar can only be used by members of the People's Committee; other members of the Central and local governments may not use this title.