The concept of a 宪法 (xiànfǎ) in China presents a fascinating case of “same word, different world” when compared to Western constitutionalism, particularly in the United States. In the U.S., the Constitution is frequently invoked by ordinary citizens, advocacy groups, and politicians. It is the ultimate legal weapon for protecting individual liberties against state power, and concepts like “First Amendment rights” are part of the common vocabulary. The judiciary's power of constitutional review is a cornerstone of the system. In the People's Republic of China, the 宪法 holds a different kind of significance. It is revered as the supreme law in theory, but its primary function is to legitimize the state structure and the unshakeable leadership of the Communist Party of China (CPC). Article 1 of the 2018 Constitution explicitly states: “The socialist system is the basic system of the People's Republic of China. … Leadership by the Communist Party of China is the most essential feature of socialism with Chinese characteristics.” Therefore, the Chinese 宪法 is less a tool for individual litigation and more a political document that: 1. Outlines the State's Ideology: It codifies socialism with Chinese characteristics and the guiding thoughts of its leaders. 2. Defines the Power Structure: It establishes the roles of the National People's Congress, the State Council, the President, etc. 3. Sets National Goals: It provides a blueprint for national development and social harmony. While the constitution guarantees many rights (e.g., freedom of speech, of the press), these are often interpreted through the lens of collective stability and the Party's leadership, differing from the individualistic interpretation common in the West. This reflects a broader cultural value where the collective good and state stability are often prioritized over individual assertions of rights.
You will most often encounter 宪法 (xiànfǎ) in formal and official contexts. It is not a common word in casual, everyday conversation.