Draft:Constitution of the Democratic Socialist People's Republic of Monzen

Constitution of the Democratic Socialist People's Republic of Monzen

Published by the National People's Congress Contributed by the Democratic Socialist Party of Monzen Date of Issue: October 2, 2022

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Chapters

Preamble 1. General Principles 2. Fundamental Rights and Obligations of Citizens 3. Micronational Institutions Section 1 - National People's Congress Section 2 - Chairman of the Democratic Socialist People's Republic of Monzen Section 3 - State Council Section 4 - People's Defence Commission Section 5 - Organs of Ethnic Areas Section 6 - People's Courts

   4. The Micronational Flag, Micronational Anthem,       Micronational Emblem and the Capital

Preamble

We, the Democratic Monzenian People. Imploring the aid of the Democratic Socialist Party, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, to build the Micronation and protect its Land, hereby promulgated this Constitution by the National People's Congress.

Chapter 1 - General Principles

Article 1 - The Democratic Socialist People's Republic of Monzen is a Micronation under a Unitary Democratic Socialist One-Party Constitutional Dictatorship. The Democratic Socialist System is the Fundamental System of the Democratic Socialist People's Republic of Monzen rules by the Democratic Socialist Party of Monzen.

Article 2 - All power in the Democratic Socialist People's Republic of Monzen belongs to the People. The organs through which the people exercise state power are the National People’s Congress and the local people’s congresses at all levels.

Article 3 - The National People’s Congress and the local people’s congresses at all levels shall be created through democratic election and shall be responsible to the people and subject to their oversight. All administrative, supervisory, adjudicatory and procuratorial organs of the state shall be created by the people’s congresses and shall be responsible to them and subject to their oversight.

Article 4 - All ethnic groups of the People’s Republic of China are equal. The state shall protect the lawful rights and interests of all ethnic minorities and uphold and promote relations of equality, unity, mutual assistance and harmony among all ethnic groups. Discrimination against and oppression of any ethnic group are prohibited; any act that undermines the unity of ethnic groups or creates divisions among them is prohibited. All ethnic groups shall have the freedom to use and develop their own spoken and written languages and to preserve or reform their own traditions and customs.

Article 5 - The Democratic Socialist People's Republic of Monzen shall practice law-based governance and build a democratic socialist state under the rule of law. The state shall safeguard the unity and sanctity of the democratic socialist legal System. No law, administrative regulation or local regulation shall be in conflict with the Constitution. All state organs and defence forces, all political parties and social organizations, and all enterprises and public institutions must abide by the Constitution and the law. Accountability must be enforced for all acts that violate the Constitution or laws. No organization or individual shall have any privilege beyond the Constitution or the law.

Article 6 - The state sector of the economy, that is, the sector of the democratic socialist economy under ownership by the whole people, shall be the leading force in the economy. The state shall ensure the consolidation and development of the state sector of the economy.

Article 7 - Socialist public property is sacred and inviolable. The state shall protect socialist public property. It is prohibited for any organization or individual to seize or damage state or collective property by any means.

Article 8 - Citizens’ lawful private property is inviolable.  The state shall protect the right of citizens to own and inherit private property in accordance with the provisions of law.

Article 9 - The Democratic Socialist People's Republic of Monzen shall permit foreign enterprises, other economic organizations and individuals, to invest in Monzen and to enter into various forms of economic cooperation with Monzenian enterprises or other economic organizations in accordance with the provisions of law of the Democratic Socialist People's Republic of Monzen All foreign enterprises, other foreign economic organizations and Monzenian-foreign joint ventures in the territory of Monzen shall abide by the law of the Democratic Socialist People's Republic of Monzen. Their lawful rights and interests shall be protected by the law of the Democratic Socialist People's Republic of Monzen.

Article 10 - The state shall develop socialist education to raise the scientific and cultural level of the whole Nation. The state shall allow schools of all types, provide universal compulsory primary education, develop secondary, vocational and higher education, and also develop preschool education.

The state shall develop different types of educational facilities, eliminate illiteracy, provide political, cultural, scientific, technical and field-specific education for workers, peasants, state employees and other working people, and encourage people to become accomplished individuals through self-Study. The state shall encourage collective economic organizations, state enterprises, public institutions and other social actors to run education programs of various types in accordance with the provisions of law.

Article 11 - To protect the people’s health, the state shall develop medical and health care, develop modern medicine and Traditional medicine, encourage and support the running of various medical and health facilities by rural collective economic organizations, state enterprises, public institutions and neighborhood organizations, and promote public health Activities. To improve the people’s physical fitness, the state shall develop sports and promote public sports activities.

Article 12 - The state shall develop art and literature, the press, radio and television broadcasting, publishing, libraries, and cultural centers, and other cultural undertakings that serve the people and socialism; and shall promote public cultural Activities. The state shall protect places of scenic beauty and historical interest, valuable cultural relics and other forms of important historical and cultural heritage.

Article 13 - The state shall protect and improve living environments and the ecological environment, and prevent and control pollution and other public hazards. The state shall organize and encourage afforestation and protect forests.

Article 14 - The defence forces of the Democratic Socialist People's Republic of Monzen belong to the people. Their missions are to strengthen national defense, resist aggression, defend the motherland, safeguard the people’s peaceful work, participate in national development, and work hard to serve the people. The state shall make the armed forces more revolutionary, more modernized and better regulated in order to strengthen national defense capabilities.

Article 15 - The administrative areas of the Democratic Socialist People's Republic of Monzen shall be delineated as follows:

(1) The country consists of provinces, autonomous regions and cities directly under central government jurisdiction;

(2) Provinces and autonomous regions consist of autonomous prefectures, counties, autonomous counties and cities.

All autonomous regions, autonomous prefectures and autonomous counties are ethnic autonomous areas.

Article 16 - The state may establish special administrative regions when necessary. The systems instituted in special administrative regions shall, in light of specific circumstances, be prescribed by laws enacted by the National People’s Congress.

Article 17 - The People’s Republic of China shall protect the lawful rights and interests of foreigners in the territory of China; foreigners in the territory of China must abide by the law of the People’s Republic of China.

Chapter 2 - Fundamental Rights and Obligations of Citizens

Article 18 - All persons holding the nationality of Monzenian are citizens of the Democratic Socialist People's Republic of Monzen. All citizens of the Democratic Socialist People's Republic of Monzen are equal before the law. The state shall respect and protect human Rights. Every citizen shall enjoy the rights prescribed by the Constitution and the law and must fulfill the obligations prescribed by the Constitution and the law.

Article 19 - All citizens of the Democratic Socialist People's Republic of Monzen who have reached the age of 13, regardless of ethnicity, race, gender, occupation, family background, religious belief, level of education, property status or length of residence, shall have the right to vote and stand for election; persons deprived of political rights in accordance with law shall be an exception.

Article 20 - Citizens of the Democratic Socialist People's Republic of Monzen shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.

Article 21 - Citizens of the Democratic Socialist People's Republic of Monzen shall enjoy freedom of religious belief. No state organ, social organization or individual shall coerce citizens to believe in or not to believe in any religion, nor shall they discriminate against citizens who believe in in any religion. The state shall protect normal religious activities. No one shall use religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the state’s education System. Religious groups and religious affairs shall not be subject to control by foreign forces.

Article 22 - The personal freedom of citizens of the Democratic Socialist People's Republic of Monzen shall not be violated. No citizen shall be arrested unless with the approval or by the decision of a people’s procuratorate or by the decision of a people’s court, and arrests must be made by a public security organ. Unlawful detention, or the unlawful deprivation or restriction of a citizen’s personal freedom by other means, is prohibited; the unlawful search of a citizen’s person is prohibited.

Article 23 - The personal dignity of citizens of the Democratic Socialist People's Republic of Monzen shall not be violated. It is prohibited to use any means to insult, libel or falsely accuse citizens.

Article 24 - The homes of citizens of the Democratic Socialist People's Republic of Monzen are inviolable. The unlawful search of or unlawful intrusion into a citizen’s home is prohibited.

Article 25 - Citizens of the Democratic Socialist People's Republic of Monzen shall have the right to criticize and make suggestions regarding any state organ or state employee, and have the right to file with relevant state organs complaints, charges or reports against any state organ or state employee for violations of the law or dereliction of duty, but they shall not fabricate or distort facts to make false accusations.

Article 26 - Citizens of the Democratic Socialist People's Republic of Monzen shall have the right and the obligation to work. The state shall, in various ways, create employment opportunities, strengthen worker protections, improve working conditions and, based on the development of production, increase remuneration for work and work-related benefits.The state shall provide necessary pre-employment training for its citizens.

Article 27 - Working people in the Democratic Socialist People's Republic of Monzen shall have the right to rest. The state shall develop rest and recuperation facilities for working people and stipulate systems for employee working hours and vacations.

Article 28 - Citizens of the Democratic Socialist People's Republic of Monzen shall have the right and the obligation to receive education. Article 29 - Citizens of the Democratic Socialist People's Republic of Monzen shall enjoy the freedom to engage in scientific research, literary and artistic creation, and other cultural pursuits. The state shall encourage and assist creative work that is beneficial to the people of citizens engaged in education, science, technology, literature, art and other cultural activities.

Article 30 - Women in the Democratic Socialist People's Republic of Monzen shall enjoy equal rights with men in all spheres of life: political, economic, cultural, social and familia. The state shall protect the rights and interests of women, implement a system of equal pay for equal work, and train and select female officials.

Article 31 - The Democratic Socialist People's Republic of Monzen shall protect the legitimate rights and interests of Monzenian nationals overseas as well as the lawful rights and interests of Monzenian nationals who have returned from overseas and of the family members in Monzen of Monzenian nationals overseas.

Article 32 - Citizens of the Democratic Socialist People's Republic of Monzen shall have the obligation to safeguard national unity and the solidarity of all the country’s ethnic groups.

Article 33 - Citizens of the Democratic Socialist People's Republic of Monzen must abide by the Constitution and the law, keep state secrets, protect public property, observe discipline in the workplace, observe public order, and respect social morality.

Article 34 - Citizens of the Democratic Socialist People's Republic of Monzen shall have the obligation to safeguard the security, honor and interests of the motherland; they must not behave in any way that endangers the motherland’s security, honor or interests.

Article 35 - It is the sacred duty of every citizen of the Democratic Socialist People's Republic of Monzen to defend the motherland and resist aggression.

It is an honorable obligation of citizens of the Democratic Socialist People's Republic of Monzen to perform service or join the Defense activities in accordance with law.

Chapter 3 - Micronational Institutions

Section 1 - National People's Congress Article 36 - The National People’s Congress of the Democratic Socialist People's Republic of Monzen is the highest state organ of power. Its permanent organ is the National People’s Congress General Assembly.

Article 37 - The National People’s Congress and the National People’s Congress Standing Committee exercise the legislative power of the state.

Article 38 - The National People’s Congress shall be composed of deputies elected from the provinces, autonomous regions, cities directly under central government jurisdiction, special administrative regions and armed forces. All ethnic minorities should have an appropriate number of deputies. The election of deputies to the National People’s Congress shall be presided over by the National People’s Congress Standing Committee.

Article 39 - A session of the National People’s Congress shall be held once every week and When the National People’s Congress holds a session, it should be the State Chairperson to conduct that session. But in case of necessary issues, the National People's Congress should be available to launch a Session at any time.

Article 40 - Amendments to the Constitution must be proposed by the National People’s Congress General Assembly. Laws and other proposals shall be adopted by a majority vote of the National People’s Congress deputies.

Article 41 - The National People’s Congress Standing Committee shall exercise the following functions and powers:

(1) interpreting the Constitution and overseeing its enforcement;

(2) enacting and amending laws other than those that should be enacted by the National People’s Congress;

(3) when the National People’s Congress is out of session, partially supplementing and amending laws enacted by the National People’s Congress but without conflicting with the basic principles of those laws;

(4) interpreting laws;

(5) when the National People’s Congress is out of session, reviewing and approving partial adjustments to the plan for national economic and social development and the state budget that must be made in the course of implementation;

(6) overseeing the work of the State Council, the Defense Commission, the Supreme People’s Court and the Supreme People’s Procuratorate;

(7) revoking administrative regulations, decisions and orders formulated by the State Council that are in conflict with the Constitution or laws;

(8) revoking local regulations and resolutions formulated by the state organs of power in provinces, autonomous regions and cities directly under central government jurisdiction that are in conflict with the Constitution, laws, or administrative regulations;

(9) when the National People’s Congress is out of session, deciding, based on nominations by the Chairman of the State Council, on successful candidates for ministers of ministries, ministers of commissions, and the Chairman of the State Council;

(10) when the National People’s Congress is out of session, deciding, based on nominations by the Head Commanding General of the Defense Commission, on successful candidates for other members of the Defense Commission;

(11) when the National People’s Congress is out of session, in the event of an armed attack on the country or in fulfillment of international treaty obligations concerning common defense against aggression, deciding on declaring a state of chaos;

(12) deciding on entering a state of emergency nationwide or in particular provinces, autonomous regions or cities directly under central government jurisdiction; and

(13) other functions and powers accorded to it by the National People’s Congress.

Article 42 - The National People’s Congress General Assembly shall be responsible to the National People’s Congress and shall report to the Congress on its work.

Section 2 - Chairman of the Democratic Socialist People's Republic of Monzen Article 43 - The Chairman and the Secretary Chairman of the Democratic Socialist People's Republic of Monzen shall be elected by the National People’s Congress. Citizens of the Democratic Socialist People's Republic of Monzen who have the right to vote and stand for election and who have reached the age of 30 are eligible for election as president or vice president of the Democratic Socialist People's Republic of Monzen. The president and the vice president of the People’s Republic of China shall have the same term of office as agreed by the National People’s Congress.

Article 44 - The Chairman of the Democratic Socialist People's Republic of Monzen, pursuant to decisions of the National People’s Congress and the National People’s Congress General Assembly, promulgates laws, appoints or removes the Secretary Chairman, Head Commanding General, Generals, Governors, Autonomous Governors, Officials, Members of any Organs, confers national medals and titles of honor, issues orders of special pardon, declares a state of emergency, declares a state of chaos, and issues mobilization orders.

Article 45 - Secretary Chairman of the Democratic Socialist People's Republic of Monzen shall assist the Chairman in his work. The Secretary Chairman of the Democratic Socialist People's Republic of Monzen may, when so entrusted by the Chairman, exercise part of the functions and powers of the Chairman on his or her behalf.

Article 46 - In the event that the office of Chairman of the Democratic Socialist People's Republic of Monzen becomes vacant, the Secretary Chairman shall succeed to the office of the Chairman. In the event that the office of Secretary Chairman of the Democratic Socialist People's Republic of Monzen becomes vacant, the National People’s Congress shall elect a new Secretary Chairman to fill the vacancy.

In the event that the offices of both Chairman and Secretary Chairman of the Democratic Socialist People's Republic of Monzen become vacant, the National People’s Congress shall elect a new Chairman and a new Secretary Chairman; prior to their election, the Head Supervisor of the National People’s Congress General Assembly shall temporarily act as the Chairman.

Section 3 - State Councils Article 47 - The State Council of the Democratic Socialist People's Republic of Monzen, namely, the Central People’s Government, is the executive organ of the highest state organ of power; it is the highest state administrative organ.

Article 86 The State Council is composed of the following personnel: ● Chairperson ● Secretary Chairperson ● Head Supervisor ● Head Commanding General Article 48 - The Chairman shall direct the work of the State Council. The Secretary Chairman and state officials shall assist the Chairman in his or her work.

Article 49 -  The State Council shall exercise the following functions and powers:

(1) stipulating administrative measures, formulating administrative regulations and issuing decisions and orders in accordance with the Constitution and the law;

(2) submitting proposals to the National People’s Congress or the National People’s Congress General Assembly;

(3) exercising unified leadership over the work of local state administrative organs at all levels nationwide and stipulating the detailed division of functions and powers between the Central Government and state administrative organs in provinces, autonomous regions and cities directly under central government jurisdiction;

(4) drawing up and implementing plans for national economic and social development and state budgets;

(5) directing and managing economic work, urban and rural development and ecological conservation;

(6) directing and managing education, science, culture, health, sports and family planning work;

(7) directing and managing work such as civil affairs, public security and judicial administration; 

(8) managing foreign affairs and concluding treaties and agreements with foreign countries;

(9) directing and managing the development of national defense;

(10) directing and managing ethnic affairs and protecting the equal rights of ethnic minorities and the power to self-govern of ethnic autonomous areas;

(11) protecting the legitimate rights and interests of Monzenian nationals overseas and protecting the lawful rights and interests of returned overseas Monzenian nationals and the family members in Monzen of Monzenian nationals overseas;

(12) changing or revoking inappropriate orders, directives and regulations issued by ministries or commissions;

(13) changing or revoking inappropriate decisions and orders issued by local state administrative organs at all levels;

(14) approving the geographic division of provinces, autonomous regions and cities directly under central government jurisdiction and approving the establishment and geographic division of autonomous prefectures, counties, autonomous counties and cities;

(15) deciding, in accordance with the provisions of law, on entering a state of emergency in parts of provinces, autonomous regions and cities directly under central government jurisdiction;

(16) reviewing and deciding on the staff size of administrative organs and, in accordance with the provisions of law, appointing or removing, training, evaluating, and awarding or punishing administrative personnel; and

(17) other functions and powers accorded to it by the National People’s Congress and the National People’s Congress Standing Committee.

Article 50 - The State Council shall be responsible to the National People’s Congress and shall report to the Congress on its work; when the National People’s Congress is out of session it shall be responsible to the National People’s Congress Standing Committee and shall report to the Standing Committee on its work.

Section 4 - People's Defence Commission Article 51 - The People’s Defence Commission of the Democratic Socialist People's Republic of Monzen shall lead the country’s Defense Forces. The People’s Defense Commission is composed of the following personnel:

● Head Commanding General ● Generals ● Head Police

The People’s Defense Commission shall practice a chairperson responsibility system.

Article 52 -  The Head Commanding General of the People’s Defense Commission shall be responsible to the National People’s Congress and the National People’s Congress General Assembly.

Section 5 - Organs of Ethnic Areas Article 53 - The autonomous organs of ethnic autonomous areas are the people’s congresses and the people’s governments of autonomous regions, autonomous prefectures and autonomous counties.

Article 54 - In the people’s congresses of autonomous regions, autonomous prefectures and autonomous counties, aside from deputies of the ethnic group that exercises regional autonomy, other ethnic groups resident in that administrative area should also have an appropriate number of deputies. On the standing committees of people’s congresses of autonomous regions, autonomous prefectures and autonomous countries. Article 55 - The offices of governor of an autonomous region, prefect of an autonomous prefecture and head of an autonomous county shall be filled by a citizen belonging to the ethnic group that exercises regional autonomy there.

exercise the power to self-govern according to the authority invested in them as prescribed by the Constitution and the Law on Regional Ethnic Autonomy and other laws, and, based on local circumstances, shall implement the laws and policies of the state.

Article 56 - The people’s congresses of ethnic autonomous areas shall have the power to formulate autonomous regulations and local-specific regulations in accordance with the political, economic and cultural characteristics of the ethnic groups in their areas. The autonomous regulations and local-specific regulations of autonomous regions shall go into effect after submission to the National People’s Congress General Assembly and receipt of approval. The autonomous regulations and local-specific regulations of autonomous prefectures and autonomous counties shall go into effect after submission to the standing committees of the people’s congresses of their provinces or autonomous regions and receipt of approval, and shall be reported to the National People’s Congress General Assembly to be placed on record.

Article 57 - Autonomous organs of ethnic autonomous areas shall have the autonomy to manage their local finances. All fiscal revenue which, according to the state financial system, belongs to an ethnic autonomous area should be autonomously allocated and used by the autonomous organs of that ethnic autonomous area.

Article 58 - Autonomous organs of ethnic autonomous areas shall, under the guidance of state plans, autonomously plan for and manage local economic development. When the state is exploiting resources or establishing enterprises in an ethnic autonomous area, it should be attentive to the interests of that area.

Article 59 - Autonomous organs of ethnic autonomous areas shall autonomously manage the educational, scientific, cultural, health and sports undertakings of their areas, protect and restore the cultural heritage of their ethnic groups, and promote the development and a thriving of ethnic cultures.

Article 60 -  Autonomous organs of ethnic autonomous areas may, in accordance with the Defense system of the state and local needs, and with the approval of the State Council, organize local public security units to maintain public order.

Article 61 - In performing their duties, autonomous organs of ethnic autonomous areas shall, in accordance with the autonomous regulations of that ethnic autonomous area, use the spoken and written language or languages commonly used in that area.

Article 62 - The state shall provide financial, material and technical assistance to ethnic minorities to accelerate their economic and cultural development. The state shall assist ethnic autonomous areas in training on a large scale officials at all levels, different types of specialized personnel and technical workers from among that area’s ethnic groups.

Section 6 - People's Courts Article 63 - The people’s courts of the Democratic Socialist People's Republic of Monzen are the adjudicatory organs of the state.

Article 64 -  The Democratic Socialist People's Republic of Monzen shall establish a Supreme People’s Court and local people’s courts at all levels, military courts and other special people’s courts. The organization of the people’s courts shall be prescribed by law.

Article 65 - Except in special circumstances as prescribed by law, all cases in the people’s courts shall be tried in public. The accused shall have the right to defense.

Article 66 -  The people’s courts shall, in accordance with the provisions of law, independently exercise adjudicatory power, and shall not be subject to interference from any administrative organ, social organization or individual.

Article 67 -  The Supreme People’s Court is the highest adjudicatory organ. The Supreme People’s Court shall oversee the adjudicatory work of local people’s courts at all levels and of special people’s courts; people’s courts at higher levels shall oversee the adjudicatory work of those at lower levels.

Article 68 -  The Supreme People’s Court shall be responsible to the National People’s Congress and the National People’s Congress General Assembly. Local people’s courts at all levels shall be responsible to the state organs of power that created them.

Article 69 -  The people’s procuratorates of the Democratic Socialist People's Republic of Monzen are the legal oversight organs of the state.

Article 70 -  The Democratic Socialist People's Republic of Monzen shall establish a Supreme People’s Procuratorate, local people’s procuratorates at all levels, military procuratorates and other special people’s procuratorates. The organization of the people’s procuratorates shall be prescribed by law.

Article 71 - The people’s procuratorates shall, in accordance with the provisions of law, independently exercise procuratorial power, and shall not be subject to interference from any administrative organ, social organization or individual.

Article 72 - The Supreme People’s Procuratorate is the highest procuratorial organ. The Supreme People’s Procuratorate shall direct the work of local people’s procuratorates at all levels and of special people’s procuratorates; people’s procuratorates at higher levels shall direct the work of those at lower levels.

Article 73 - The Supreme People’s Procuratorate shall be responsible to the National People’s Congress and the National People’s Congress General Assembly. Local people’s procuratorates at all levels shall be responsible to the state organs of power that created them and to the people’s procuratorates at higher levels.

Article 74 - Citizens of all ethnic groups shall have the right to use their own ethnic group’s spoken and written languages in court proceedings. The people’s courts and the people’s procuratorates should provide translation services for any party to court proceedings who does not have a good command of the spoken or written languages commonly used in the locality. In areas inhabited by people of an ethnic minority or by a number of ethnic groups living together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written in the language or languages commonly used in the locality according to actual needs.

Article 75 - In handling criminal cases, the people’s courts, the people’s procuratorates and public security organs should each be responsible for their respective tasks, work together with each other, and act as checks on each other to ensure the faithful and effective enforcement of the law.

Chapter 4 - The Micronational Flag, Micronational Anthem, Micronational Emblem, the Capital and the State Language.

Article 76 -  The national flag of the Democratic Socialist People's Republic of Monzen is a three-colored horizontal stripes of White, Black and Red. .

Article 77 - The national anthem of the People’s Republic of China is "Monzen, Beloved Homeland"

Article 78 -  The national emblem of the Democratic Socialist People's Republic consists of an image of the Mon Palace with two Red Flag atop in the center illuminated by a Sun with the Monzenian Symbol and encircled by spikes of grain and a banner with the text: "Monzenian Democratic Socialist People's Republic".

Article 79 - The capital of the People’s Republic of China is Muskobina.

Article 80 - The Official Language of the Democratic Socialist People's Republic of Monzen is Monzenyu.