China Government Operation Prof. Tang Xiao China Foreign Affairs University

China Government Operation Prof. Tang Xiao

China Foreign Affairs University

Part One :The Constitution of Part One :The Constitution of PRC PRC ，， Introduction to China political systemIntroduction to China political system

China Constitution (1982)

Communist Party of China

National People’s Congress (NPC)

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1. Chinese Constitution (1982)The Constitution of the People's Republic of China is the highe

st law within the PRC. The current version was adopted by the

5th National People's Congress in 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions--those of 1954, 1975, and 1978--were superseded in turn.

The Constitution has five sections: the preamble, general principles, the fundamental rights and duties of citizens, the structure of the state, and the national flag and emblems of state.


1. Chinese Constitution (1982)The1982 document reflects Deng Xiaoping's determinati

on to lay a lasting institutional foundation for domestic stability and modernization.

The new State Constitution provides a legal basis for the broad changes in China's social and economic institutions and significantly revises government structure.


1. Chinese Constitution (1982)• It emphasizes the leading position of CPC, and describes

the system of government as the system of National People’s Congress (NPC).

• It describes China as “a socialist state under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants”. China’s goal is to realize four modernizations .


1. Chinese Constitution (1982)Article 1 of the State Constitution describes China as "a so

cialist state under the people's democratic dictatorship" meaning that the system is based on an alliance of the working classes--in communist terminology, the workers and peasants--and is led by the Communist Party, the vanguard of the working class.

Elsewhere, the Constitution provides for a renewed and vital role for the groups that make up that basic alliance--the CPPCC, democratic parties, and mass organizations.


1. Chinese Constitution (1982)There also is emphasis throughout the 1982 State Const

itution on socialist law as a regulator of political behavior.

Unlike the Constitution of the Soviet Union, the text of the Constitution itself does not explicitly mention the Communist Party of China and there is an explicit statement in Article 5 that states that the Constitution and law are supreme over all organizations and individuals.


1. Chinese Constitution (1982) the 1982 Constitution gives even greater attention to clari

fying citizens' "fundamental rights and duties" than the 1954 constitution did, like the right to vote and to run for election begins at the age of eighteen except for those disenfranchised by law.

The Constitution also guarantees the freedom of religious worship as well as the "freedom not to believe in any religion" and affirms that "religious bodies and religious affairs are not subject to any foreign domination."


1. Chinese Constitution (1982)• While it lists the rights and duties of citizens, it

emphasizes that the exercises of personal rights may not infringe upon the interests of the state or society, or upon the freedom and rights of other citizens.

• It prohibits acts “detrimental to the security, honor and interests” of China.

• Since 1982, the constitution has been amended four times with 31 amendments.


1. Chinese Constitution (1982)Article 35 of the 1982 State Constitution proclaims that "ci

tizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration."

Article 53 of the 1982 Constitution, which states that citizens must abide by the law and observe labor discipline and public order.


1. Chinese Constitution (1982)The 1982 State Constitution is also more specific about

the responsibilities and functions of offices and organs in the state structure.

There are clear admonitions against familiar Chinese practices that the reformers have labeled abuses, such as concentrating power in the hands of a few leaders and permitting lifelong tenure in leadership positions.


1. Chinese Constitution (1982) On the other hand, the constitution strongly oppose the

western system of separation of powers by executive, legislature and judicial.

It stipulates the NPC as the highest organ of state authority power, under which the State Council, the Supreme People's Court, and the Supreme People's Procuratorate shall be elected and responsible for the NPC.


1. Chinese Constitution (1982)1982 Constitution provides an extensive legal framework f

or the liberalizing economic policies of the 1980s. It allows the collective economic sector not owned by the

state a broader role and provides for limited private economic activity.

Members of the expanded rural collectives have the right "to farm private plots, engage in household sideline production, and raise privately owned livestock."


1. Chinese Constitution (1982)The 1982 document provides the constitutional basis for th

e considerable body of laws passed by the NPC in subsequent years permitting and encouraging extensive foreign participation in all aspects of the economy.

In addition, the 1982 document reflects the more flexible and less ideological orientation of foreign policy since 1978. Such phrases as "proletarian internationalism" and "social imperialism" have been dropped.


Constitution in adaptabilityUp to now , the 1982 constitution has been amended four times in 1

988, 1993, 1999 and 2004.Those amendments focus on : private ownership, private sector of

the economy; basic task of the nation in the years to come ；system of multi-party cooperation and political consultation led by the Communist Party ;State-owned economy; overall balancing by economic planning and the supplementary role of regulation by the market ； State enterprises ；


AMENDMENT ONE(1988) 1. Article 11 of the Constitution shall include a new

paragraph which reads: "The State permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the socialist public economy. The State protects the lawful rights and interests of the private sector of the economy, and exercises guidance, supervision and control over the private sector of the economy."


AMENDMENT ONE (1988) 2. The fourth paragraph of Article 10 of the Constitution,

which provides that "no organization or individual may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by unlawful means," shall be amended as: "no organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law."


2004 Amendmentsinclude guarantees regarding private property ("legally obt

ained private property of the citizens shall not be violated,") and human rights ("the State respects and protects human rights.")

This was argued by the government to be progress for Chinese democracy and a sign from CCP that they recognised the need for change, because the booming Chinese economy had created a new class of rich and middle class, who wanted protection of their own property.


The Constitutional Enforcement

There is no special organization established for the enforcement of constitution.

The constitution stipulates that the National People's Congress and its Standing Committee have the power to review whether laws or activities violate the constitution.


1. Chinese Constitution (1982)Under the legal system of the People's Republic of China,

courts do not have the general power of judicial review and cannot invalidate a statute on the grounds that it violates constitution.

Nonetheless, since 2002, there has been a special committee of the Standing Committee of the National People's Congress which has reviewed laws and regulations for constitutionality.


1. Chinese Constitution (1982)Although this committee has not yet explicitly ruled that a

law or regulation is unconstitutional, in one case, after the subsequent media outcry over the death of Sun Zhigang, the State Council was forced to rescind regulations allowing police to detain persons without residency permits after the NPCSC made it clear that it would rule such regulations unconstitutional if they were not rescinded.


1. Chinese Constitution (1982)The 1982 State Constitution is also more specific about t

he responsibilities and functions of offices and organs in the state structure. There are clear admonitions against familiar Chinese practices that the reformers have labeled abuses, such as concentrating power in the hands of a few leaders and permitting lifelong tenure in leadership positions.


2. National People's Congress (NPC) • The supreme organ of state power in China. It is composed

of NPC deputies who are elected according to law from 35 electoral units Each congress is elected for a term of five years. A total of 2,987 deputies were elected to the 11th NPC before the first session was convened.

• The NPC meets in session once a year. An interim session of the NPC may be convened at any time if the Standing Committee of the NPC deems it necessary or if one-fifth or more of its deputies so propose.


The structure of National People’s Congress

The Chamber

The Presidium

The SecretariatSpecial committees

Special inquiry committees

The Delegations

The Sub-delegations

Part One :The Constitution of Part One :The Constitution of

PRC PRC ，， Introduction to China political systemIntroduction to China political system

Major Functions and Rights of the NPC Lawmaking or legislation Communication with the public, (public forum) Representation, and legitimating Criticism and control of the other branches of government, most notably the executive Election and decision,


3 . The President of PRC• The president exercises the power of the head of the state,

according to decisions of the National People's Congress and its Standing Committee.

• In foreign affairs, the president represents the People's Republic of China and enjoys the highest right of representation of the state. In terms of procedural, ceremonial and symbolic significance, the presidency is the highest position of the state.

• In essence, however, the presidency does not decide any state affairs but acts according to decisions of the NPC and its Standing Committee.

Part One :The Constitution of PRC Part One :The Constitution of PRC ，， Introduction to Introduction to China political systemChina political system

The Election of the President Both the president and vice president are elected

by the NPC. The candidates must be citizens of the PRC and must have reached the age of 45.

Candidates are proposed by the NPC presidium for deliberation by all the deputies. Then the presidium officially decides on the candidates, one for the presidency and one for the vice presidency, for election through voting by the NPC. the single-candidate practice will gradually be replaced by multi-candidate election.

the power of dismissal of the president and vice president rests with the NPC. In other words, no organizations, political parties, social organizations or individuals have the power to remove the president or the vice president except the National People's Congress.


Functions of the President Domestic functions and powers:Promulgating laws, appointing and removing the premier, vice premiers, state

councilors, ministers of ministries and state commissions, auditor-general, and secretary-general,

conferring state medals and honorary titles, issuing order of special amnesty,proclaiming martial law and a state of war as well as issuing order

of mobilization, according to decisions of the NPC and its Standing Committee.


Functions and powers in foreign affairs:Receiving foreign diplomatic representatives on behalf of the People's

Republic of China, appointing or recalling China's plenipotentiary representatives abroad, ratifying or abrogating treaties and important agreements concluded

with foreign countries in pursuance of the decisions of the Standing Committee of the NPC.

The Constitution adopted in 1982 also stipulates that the vice president assists the president in his work and may exercise certain functions and powers entrusted by the president.


In general, the functions and powers of the president 1. The power of promulgating laws. Laws adopted

by NPC or its Standing Committee shall go into effect only after being promulgated by the president, which is the last act in the legislative processes in the People's Republic of China.2. The power of issuing orders. The appointment and removal of the premier of the State Council, the issue of the order of special amnesty, the proclamation of martial law, a state of war and general mobilization can only be made or announced by the president. Since 1959, the president has issued the order of special amnesty on six occasions.3. The power of making appointment or removals, i.e., the power to appoint or remove officials constituting the State Council.4. The power of conferring titles, i.e., the power to confer state honors.


4. The State Council namely the Central People's Government, is the

highest executive organ of State power, as well as the highest organ of State administration.

The State Council is composed of a premier, vice-premiers, State councilors, ministers in charge of ministries and commissions, the auditor-general and the secretary-general.

The premier of the State Council is nominated by the president, reviewed by the NPC, and appointed and removed by the president. Other members of the State Council are nominated by the premier, reviewed by the NPC or its Standing Committee, and appointed and removed by the president.


4. The State Council In the State Council, a single term of each office is five

years, and incumbents cannot be reappointed after two successive terms.

The State Council follows the system of premier responsibility in work while various ministries and commissions under the State Council follow the system of ministerial responsibility.

In dealing with foreign affairs, State Councilors can conduct important activities on behalf the premier after being entrusted by the premier of the State Council.

The auditor-general is the head of the State Auditing Administration, in charge of auditing and supervising State finances .

The secretary-general, under the premier, is responsible for the day-to-day work of the State Council and is in charge of the general office of the State Council.


4. The State Council The State Council is responsible for carrying out the principles and

policies of the Communist Party of China as well as the regulations and laws adopted by the NPC, and dealing with such affairs as China's internal politics, diplomacy, national defense, finance, economy, culture and education.

Under the current Constitution, the State Council exercises the power of administrative legislation, the power to submit proposals, the power of administrative leadership, the power of economic management, the power of diplomatic administration, the power of social administration, and other powers granted by the NPC and its Standing Committee.


5. The Supreme People's Court • The Supreme People's Court is the highest trial organ in the

country and exercises its right of trial independently. • It is also the highest supervising organ over the trial practices of

local people's courts and special people's courts at various levels. • It reports its work to the National People's Congress and its

Standing Committee. The right of appointment and removal of the president and vice presidents as well as members of the trial committee of the Supreme People's Court lies with the National People's Congress.


The Functions and Rights of the Supreme People's Court (SPC) Conducting trial of the following cases Giving approval to death sentence. Supervising the trials by local people's courts and special people‘s

courts at different levels.On discovering mistakes in the rulings and verdicts of local people's

courts already being legally enforced, conducting questioning or appointing a lower level court to conduct re-hearing.

Giving approvals to verdicts on crimes not specifically stipulated in the criminal law.

Offering explanations over the concrete application of laws during the trial process.


5. The Supreme people's procuratorates The people's procuratorates are the legal supervision

organs of the state. The prosecution system consists of the Supreme

People's Procuratorate, local people's procuratorates and special people's procuratorates such as the military procuratorate.


• Major Functions of the SPP To be responsible and report its work to the NPC

and its Standing Committee, accept the supervision of them

To put forward proposals to the NPC and its Standing Committee;

To exercise leadership over local and special people's procuratorates, stipulate the policies and guidelines as well as lay out the work and tasks of prosecution;

To investigate cases of embezzlement, bribery, offense against the democratic rights of citizens, negligence of public duty and other criminal acts according to law.

To exercise the power of prosecution on serious criminal cases, approve the arrest and prosecution in cases of criminal activities handled by local and special procuratorates;


The Relationship among the People's Congresses, the State Administrative Organs, the People's Courts and People's Procuratorates

The state administrative organs, judicial and prosecuting organs are all elected and supervised by and report to the people's congresses which are organs of state power.

These state organs conduct their activities according to the principle of democratic centralism. This has decided the relationships between the people's congresses, the state administrative organs, the people's courts and people's procuratorates as the following:


The relationship of making decisions and implementing them. The people's congresses represent the people to exercise state power, make legislations, decide on major issues, elect, remove and supervise state functionaries. The laws and decisions adopted by the people's congresses must be implemented by the administrative organs, people's courts and people's procuratorates.

The relationship of the supervisor and the supervised. People's congresses represent the people to exercise the right of supervision of the administrative organs, peoples' courts and people's congresses. The organs being supervised must be responsible to and report their work to the people's congresses and receive the supervision of the people's congresses.


The relationship of working in coordination. Though having different responsibilities and division of labor, the people's congresses, the administrative organs, people's courts and people's procuratorates have the same goal, i.e., to represent and realize the fundamental interests of the people and jointly build socialism with Chinese characteristics. The people's congresses uniformly exercise the state power and, under this precondition, rationally divide the rights of administration, judicial decision and prosecuting decision, which avoids having the state power and rights being over-concentrated or unnecessarily checked, so as to allow the state organs to specialize in their distinctive responsibilities and at the same time work in a coordinated manner.


6. The Structure of the State As a unitary nation of multiple ethnic groups, the PRC

is a unitary sovereign state consisting of a number of administrative divisions, and has instituted the system of regional autonomy for ethnic minorities and the system of special administrative region in some parts of the country.


6. The Structure of the State

1. Province (23)

2. Autonomous Region (5)

3. Municipality directly under

Central Government (4)

4. Special Administrative Region (2)

PR

Ch

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1. Province---City

--- district and county

--- township and town

---Autonomous Prefecture

---county and city




1. Autonomous

Region ---City

--- district and county


---Autonomous Prefecture

---county and city


The first essay

The feature of the form of Chinese Government

Thank You! By Now!

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China Government Operation Prof. Tang Xiao China Foreign Affairs University