Part Two :Constitutions power maps for political system

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(No Transcript)
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China Government Operation
Prof. Tang Xiao China Foreign
Affairs University
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Part One The Constitution of PRC ,Introduction
to China political system
China Constitution (1982)
Communist Party of China
National Peoples Congress (NPC)
President
Supreme Peoples Procuratorates
State Council
Supreme Peoples Court
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Part One The Constitution of PRC ,Introduction
to China political system

• 1. Chinese Constitution (1982)
• The Constitution of the People's Republic of
  China is the highest 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  1975, and 1978--were superseded in turn.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.

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

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

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

• 1. Chinese Constitution (1982)
• It emphasizes the leading position of CPC, and
  describes the system of government as the system
  of National Peoples Congress (NPC).
• It describes China as a socialist state under
  the peoples democratic dictatorship led by the
  working class and based on the alliance of
  workers and peasants. Chinas goal is to realize
  four modernizations .

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

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

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

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

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

• 1. Chinese Constitution (1982)
• the 1982 Constitution gives even greater
  attention to clarifying 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."

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

• 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.

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

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

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

• 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.

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

• 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.

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

• 1. Chinese Constitution (1982)
• 1982 Constitution provides an extensive legal
  framework for 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."

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

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

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

• Constitution in adaptability
• Up to now , the 1982 constitution has been
  amended four times in 1988, 1993, 1999 and 2004.
• Those amendments focus on private ownership,
  private sector of the economy basic task of the
  nation in the years to comesystem 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
  marketState enterprises

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

• 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."

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

• 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."

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

• 2004 Amendments
• include guarantees regarding private property
  ("legally obtained 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.

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

• The Constitutional Enforcement
• There is no special organization established
  for the enforcement of constitution. Although in
  the constitution it stipulates that the National
  People's Congress and its Standing Committee have
  the power to review whether laws or activities
  violate the constitution.

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

• 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.

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

• 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.

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

• 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.

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

• 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
  current 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.

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

• The structure of National Peoples
  Congress

The Chamber
The Presidium
Special inquiry committees
The Secretariat
Special committees
The Delegations
The Sub-delegations
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Part One The Constitution of PRC ,Introduction
to China political system

• Rights of the deputies
• 1. to draft proposals for bills, raising
  suggestions, criticisms and voicing opinions
• 2. to vote in election and decide on
  appointment3. to raise bills for questioning
  and conduct hearings4. not to be investigated
  for their speeches and voting at various sessions
  of the NPC5. not to be arrested or criminally
  tried without permission when the NPC is in
  session or not in session6. to make
  inspections concerning issues under review by the
  NPC7. to enjoy guarantee provided by the state
  and society to the deputies according to
  practical needs when attending NPC sessions or
  exercising other rights belonging to the
  deputies.

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

• Obligations of the deputies1. to exemplarily
  abide by the Constitution and laws, earnestly
  exercise rights and functions, maintain state
  secret and assist the enforcement of the
  Constitution and laws in the production, work and
  social activities they engage in
• 2. to maintain close contact with the units
  and people from whom they are elected, listen to
  and report peoples opinions and demands and
  strive to serve the people.

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Part One The Constitution of PRC ,Introduction
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,

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

• Major Functions and Rights of the NPC
• The Constitution empowers the NPC with the total
  and highest position and the following major
  functions and rights
• To make law, formulate and revise the
  Constitution
• enact and revise basic laws and other laws of the
  state.
• To supervise its implementation
• The Constitution also stipulates that the NPC has
  the rights to alter or annul inappropriate
  decision adopted by the Standing Committee of the
  NPC.

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

• to elect and to make decisions
• to elect members of the Standing Committee of the
  NPC, the president and vice president of the PRC,
  the chairman of the Central Military Commission
  ,the president of the Supreme People's Court, the
  procurator-general of the Supreme People's
  Procuratorate.
• To decide on the choice of the premier of the
  State Council upon nomination by the president,
  the choice of other members composing the State
  Council upon the nomination by the premier
• to decide on the choice of other members
  composing the Central Military Commission upon
  nomination by the chairman of the Commission
• The NPC has the right to remove all the
  above-mentioned functionaries.

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

• To examine and approve the plan for national
  economic and social development to examine and
  approve the state budget and the report on its
  implementation to approve the establishment of
  provinces, autonomous regions, and municipalities
  directly under the Central Government to decide
  on the establishment of special administrative
  regions and the systems to be instituted in the
  regions and to decide on questions of war and
  peace
• To exercise such other functions and powers as
  the highest organ of state power should exercise.

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

• 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.

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

• 3 . 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.

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

• 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.

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

• 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.

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

• 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.

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

• 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 councillors, 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.

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

• 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
  councillors 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.

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

• 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.

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

• 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.

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

• The Functions and Rights of the Supreme
  People's Court (SPC)
• Conducting trial of the following cases
  first-hearing cases placed with the SPC by laws
  and regulations and those the SPC deems within
  its jurisdiction appeals or protests against
  trial decisions or verdicts of the higher
  people's courts and special people's courts
  appeals against court judgments lodged by the
  Supreme People's Procuratorate according to trial
  supervision procedures.
• 2. Giving approval to death sentence. involved
  in serious cases of killing people, raping women,
  looting, destruction by using explosives and
  other cases which severely endanger and harm
  public security and social order.
• 3. Supervising the trials by local people's
  courts and special people's courts at different
  levels.
• 4. 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.
• 5. Giving approvals to verdicts on crimes not
  specifically stipulated in the criminal law.
• 6. Offering explanations over the concrete
  application of laws during the trial process.

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

• 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.

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

• Major Functions of the SPP
• 1. To be responsible and report its work to the
  National People's Congress and its Standing
  Committee, and accept the supervision of the NPC
  and its Standing Committee
• 2. To put forward proposals to the NPC and its
  Standing Committee
• 3. 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
• 4. 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 offer
  leadership over local and special prosecution
  bodies in their investigation work
• 5. 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

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

• Major Functions of the SPP
• 6. To exercise leadership over local and special
  procuratorates in the supervision of law
  enforcement in conducting prosecution of civil
  cases and economic disputes and administrative
  charges
• 7. To lodge protests with the Supreme People's
  Court over verdicts and decisions made by
  people's courts at various levels which are
  already being enforced but are actually mistaken
• 8. To examine decisions made by local and special
  procuratorates in the exercise of the rights of
  prosecution and correct any mistakes they have
  made
• 9. To handle charges, appeals and reports made by
  citizens
• 10. To handle reports on criminal activities such
  as embezzlement and bribery and conduct the work
  of reporting in all prosecution bodies in the
  country

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

• Major Functions of the SPP
• 11. To suggest plans for the restructuring of the
  national prosecuting system and implement the
  plans stipulate and guide the technical work,
  examination, authentication and review of
  material evidence of prosecution bodies in the
  country
• 12. To offer judicial interpretations in the
  actual application of law in the work of
  prosecution
• 13. To make stipulations, regulations and
  implementation rules on the work of prosecution
• 14. To be responsible for the political work and
  bringing up of the staff in the nation's
  prosecution bodies to exercise leadership over
  local and special prosecution bodies in the
  running of procurators according to law to
  stipulate the methods for the management of
  prosecuting clerks
• 15. To take part in the management, examination
  and review of the chief and deputy chief
  procurators of special procuratorates and the
  procuratorates of the provinces, autonomous
  regions and municipalities directly under the
  Central Government and propose to the Standing
  Committee of the National People's Congress on
  the appointment or removal of these chief
  procurators

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Part One The Constitution of PRC ,Introduction
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• Major Functions of the SPP
• 16. To take part in the management of the
  organizational setup and the size of the staff in
  various prosecution bodies
• 17. To organize and guide the education and
  training of the staff of prosecution bodies, make
  plans and provide guidance on the training
  centers and the cultivation of the teaching
  staff
• 18. To plan and guide the work of finance and
  equipment in the nation's prosecuting organs
• 19. To organize and conduct exchanges with
  foreign counterparts and international judicial
  assistance to review and approve the assistance
  on individual cases involving such areas of Hong
  Kong, Macao and Taiwan
• 20. To exercise administration over officials of
  prosecuting organs and those in subordinate
  institutions to review and approve the work and
  development plans of subordinate institutions
  and
• 21. To be responsible for other jobs that should
  be handled by the Supreme People's Procuratorate.

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

• The Relationship Between 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

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

• 1. 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.2. 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.

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Part One The Constitution of PRC ,Introduction
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• 3. 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.

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• The first essay (May23June 6)
• The feature of the form of Chinese
  Government , and analysis of the contributing
  factors to it.

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Thank You! By Now!