China Political System

Dr. Saleem Ahmad

Associate Professor
Department of Political Science,
Amity Institute of Social Sciences (AISS),
Amity University, Gwalior
• Chinese Political System:
• China is a socialist country. There is supremacy of socialist ideology in China. The
Chinese Constitution accepts the leadership of the Communist Party of China
(CPC).
• Communist Party of China (CPC) is the largest political party in the world, having
millions of local level members.
• It works on the principle of Democratic Centralism. The full meeting of the party is
called as National Party Congress (NPC), which is convened once in five years.
Though theoretically all power lies with the people, but in practice, it is with the
top leaders.
• Salient Features of the Constitution
• Preamble: The paramount position of Marxism, Leninism and Mao’s teachings has
been acknowledged in relation to ideological goals of the political system.
• Traditional principle of Democratic Centralism has also been given due place
within the Constitutional setup. The old definition of China as a “Dictatorship of
the Proletariat” has been replaced with “People’s Democratic Dictatorship.”
• The Preamble clearly recognizes Taiwan as an integral part of China and its
liberation is declared as a liability of Chinese People.
• Five points have been set as the underlying principles to be observed in the field of
foreign relations. These include:
• Respect and Preservation of the territorial integrity of all nations
• Avoidance of aggression
• Non-interference in the internal affairs of other countries
• Promotion of international cooperation
• Peaceful coexistence
• Nature of Constitution:
• It has close affinity in letter and spirit, with the constitution of the former Soviet
Union. It is neither too rigid nor too flexible.
• Basic Principles:
• Under the Constitution, People’s Republic of China is a Socialist State established in
the name of People’s Democratic Dictatorship, wherein Communist Party performs a
leadership role to guide the people.
• People are declared as fountain of power and authority and they will exercise it
through National People’s Congress.
• Unitary System
• The People’s Republic of China is a unitary multi-national state created jointly by
the people of all its nationalities. In China, a strong central government exists
while regional governments, as distinct entities, have not been created under the
Constitution.
• Therefore, In order to encourage people’s participation in policy-making and
preserve their interest in public affairs, decentralization has been introduced in
the governmental affairs.
• The central government has delegated much authority and powers to the regional
and local administrative units.
• Democratic Centralism
• Like the political system of former Soviet Union, the principle of “Democratic
Centralism” prevails in People’s Republic of China as well.
• Keeping in view democratic norms, elective principle has been introduced at all
levels not only within the governmental institutions but also within the Party
organization.
• All the citizens have been secured the right to vote on the basis of adult suffrage.
• One Party System:
• The Communist Party enjoys almost dictatorial powers within the
constitutional framework and has been regarded as the sole source of
political authority for all practical purposes.
• Party organization runs parallel to that of the governmental institutions.
Party elite hold all superior positions in the government.
• In practice, no other political party enjoys real freedom to act.
• Certain youth organizations, loyal to the party and working groups affiliated
with the Party, enjoy the right to participate in decision-making.
• Legislature
• The National People’s Congress (NPC) comprises the legislative branch.
• It is a unicameral legislature with more than 3000 members.
• Theoretically, it is the top decision making body in China. It has the ultimate
say on policies, amendments and appointment of ministers in the
government.
• It has been declared as an organ through which the people exercise state
power.
• Congressmen are elected by regional Congresses, by autonomous regions, by
Municipalities working under the central government and by People’s Liberation
Army, each according to its quota.
• The mode of election is based on secret ballot, while the constitution
guarantees holding of free and fair elections.
• The real work of NPC is done by a smaller body known as Standing Committee of
NPC, consisting around 175 members.
• Duration: The Congressmen are elected for a period of five years but the
Congress can be dissolved before the expiry of its term and it can be extended as
well.
• The Standing Committee of the Congress is responsible for making proper
arrangements for holding fresh elections prior to the completion of its term.
• Sessions: Sessions of the Congress are held once a year in Beijing. The Standing
Committee of the Congress normally summons its session.
• In addition to it, the Chairman of the Congress can also summon the session on
the request of one fifth of its members.
• Powers
• The National People’s Congress is the supreme law-making body, which is fully
authorized to enact laws, alter or repeal the existing ones. It also approves the
administrative policy for the state.
• Enactment of Laws
• During its sessions, the Congress enacts new laws and makes necessary alterations in
the existing ones, if circumstances so demand. The Constitution can be amended
with the support of two-thirds majority of the members of the Congress, whereas
ordinary laws are enacted by a simple majority.
• It is to be noted, that the acts of the Congress cannot be challenged in the Supreme
Court.
• Executive Powers
• National People’s Congress is also empowered under the Constitution, to supervise
the execution of constitutional laws and statutes. It can affect and control
administrative policies through its choice regarding the appointment of superior
public officials.
• All the administrative departments along with their ministers in charge are
accountable to the Congress in respect of performing their official functions.
• Congress also exercises the power to approve National Economic Policy and
the annual budget. Congress is fully authorized under the constitution to
exercise all such powers as it thinks useful and necessary within its sphere of
action.
• Elective functions
• NPC holds a pivotal position within governmental structure by virtue of its
power to elect the superior occupants of the governmental authority.
• Under the Constitution, it also elects the President and Vice President of the
Republic and appoints Premier of the State Council on the recommendation of
the President.
• On the advice of the Premier, it also appoints other ministers. Congress is also
empowered to remove the ministers. It also exercises the power to appoint or
remove the President of the Supreme Court and Chief bureaucrat of the
Supreme Court.
• Though the NPC is fully authorized by the Constitution to exercise all the
foregoing powers, in practice, but its position, as a free law-making body is
merely in theory. Major reasons being:
• Its sessions are rarely held on a regular basis. It meets only once a year, that too
for not more than a few days.
• The powers of Congress are virtually exercised by its Standing Committee.
• Standing Committee
• The Standing Committee of the Congress is an effective and active body, as it
exercises, in practice, most of the Congressional powers. It is outwardly a body
subordinate to the Congress, as a matter of principle.
• It is accountable to the parent body and is bound to present regular reports of
its working. All the members of the Committee are elected by the Congress and
liable to be removed on its discretion.
• Powers
• The Committee summons the sessions of the Congress, in addition to the
issuance of orders to hold its fresh elections.
• It performs the function of interpreting the statutes as well as the laws of the
Constitution. The performance of this judicial type of function enhances its
importance and the scope of power.
• It supervises the functioning of the State Council, of superior courts and that of
Procurator (proxy). These functions have been assigned to the Standing Committee
by the Constitution.
• The Committee has the authority to alter or repeal any inappropriate decision of the
official departments, autonomous regions, provinces and that of the Municipalities
working under the Central government.
• It is actually the repository of real powers during the interval in which the Congress
is out of session. During this period, it maintains the authority to issue orders
regarding the appointment of new ministers and removal of the previous ones, on
the advice of the Premier.
• It can issue orders for the appointment or removal of the Vice President as well as
the Deputy Chief Procurator.
• Chairman
• The Chairman of the Committee has been regarded as the most powerful person in
the political setup. He presides over the meetings of the Standing Committee. He
has also been endowed with the power to issue decrees and promulgate
ordinances. His list of duties include:
• To receive the diplomatic envoys of other countries;
• Ratification of the treaties made with other countries; and
• Appointment of the members of diplomatic corps assigned to other countries.
• Other Committees
• The People’s Congress forms a number of Committees during its term, such as
National Committee on fiscal and economic affairs, Committee on education,
science, culture and health issues, Committee on foreign affairs, Committee on
matters relating to Chinese settled abroad.
• All these committees work under the supervision of the Standing Committee of
National People’s Congress.
• Keeping in view of the functions and powers of the Standing Committee, it is
apparent that it is a powerful and effective body.
• As the Congress annual session lasts a few days only (recently), its powers are
virtually exercised by the Standing Committee for the remaining period when the
parent body is not in session.
• The Committee’s members, being the members of the Chinese Communist Party,
perform important role in administrative affairs as well.
• Executive
• State Council
• The State Council is the Cabinet or Executive of China. It is headed by the Premier,
four Vice Premiers and State Councillors. Under the Constitution, State Council is
the Chief Executive organ of the government.
• All its members are elected by the Congress and accountable to it. Enforcement of
law, formation and execution of the administrative policy is the major function of
the State Council.
• The members of the State Council introduce the bills on the floor of the Congress in
the form of proposals and manage to get these translated into law on parliamentary
lines.
• Premier
• The Premier performs a very important role as head of the administration and
holds a pivotal position within the administrative set up.
• President
• The President of the Republic is regarded as head of the state.
• He is elected by the Congress for a period of five years.
• The President enjoys the most prestigious position in the administrative setup.
• Judiciary
• China has a committed Judiciary, i.e. committed to the goal of Socialism. The
highest organ is the Supreme People’s Court. The Court deals with corruption cases
of officials.
• Chinese law has never been codified in a systematic form. Most of the disputes and
controversies are settled in quasi-judicial institutions. The Chinese judicial system
has been held together more by conventions, rather than by laws.
• Central Military Commission
• The party and the government maintain control on the military through the Central
Military Commission. Military is also described as the defenders of the Communist
Party.
• Rights and Duties: The Chinese Constitution gives Fundamental Rights and
prescribes certain duties for its citizens. All citizens at least 18 years of age are
secured the right to vote. They also enjoy the right to contest elections.
• Right to secrecy of all correspondence, freedom of speech and expression, freedom
to join or form associations, and right to hold public meetings even to the extent of
staging demonstration or resorting to strike for articulation of demands, have been
secured under the Constitution.
• According to the constitution, the government is under obligation to afford full
protection to the preservation of family life in addition to the integrity of a person.
All citizens have the right to personal security against illegal detention.
• The constitution also recognizes equal right of all citizens to education and cultural
freedom. Equality of men and women has also been recognized in all areas of life.
• Duties
• The Chinese constitution explicitly prescribes certain duties of the citizens, which are
justiciable. It is the first and foremost duty of the citizens to cooperate with the
Socialist leadership in every respect, abide by the Constitution and all other state
laws.
• They are required to protect public property and extend a helping hand in the
maintenance of law and order. To defend the country against foreign aggression is
also another duty of the citizens.
• Communist Party of China (CPC)
• The Chinese Communist Party came into being in 1921. Lenin sent one
representative to China to assist in organizing the newly established party.
• Cheng Tu-hisu was appointed as the first Secretary General of the Chinese Communist
Party and within a short period many branches of the Party were established in the
towns and cities.
• Ideological Foundations
• Ideology of the Chinese Communist Party had been shaped by the teachings of Marx and
Lenin right from its inception. It developed a deep linkage with the global Communist
Movement in its early phase.
• Mao also played a pivotal role in the socialist struggle of the Chinese People.
• Party Organization
• The party operates on the principle of Democratic Centralism. Accordingly all office
bearers of the Party are elected.
• Primary unit of the Party elects District Congress while District Congress elects the
Deputies of the Congress of the upper level.
• Party members enjoy right to criticize party leadership and may initiate proposals for
framing party policies.
• On the same pattern, primary party branches may lodge complaints for the
consideration of higher leadership.
• On the other hand, strict party discipline is maintained and strong centralism
operates in the decision-making process.
• It is obligatory on the lower ranked party members to abide by the decisions of the
higher ranked party leadership.
• In practice, most of the decisions are thrust upon by the higher ranks within the
central leadership.
• Politburo (the executive committee for communist parties)
• The Politburo has been regarded as the most powerful body in the decision-making
process, as it makes all important decisions; so much so that it summons the
sessions of the Central Committee.
• It also has a Standing Committee consisting of seven members. Like its counterpart
within the government, the Standing Committee of the Politburo exercises all the
powers of the Central Committee when the latter is not in session.
• National Congress of the Communist Party
• National Congress of the Communist Party of Congress holds a pivotal position in
the policy-making of the Party.
• Other Parties and Groups
• The single party system, on the lines of Soviet Union, has not been adopted in the
People’s Republic of China; rather such smaller parties, as Kuomintang
Revolutionary Committee, Democratic League, National Construction Association,
and various Youth Organizations are allowed to function.
• Hence, China is a multi-national and multi-party country. In China, the term
democratic Parties refer to the eight other parties apart from the Chinese
Communist Party.
• These have developed cooperation with the Chinese Communist Party on different
levels, since the inception of the new order.
• But, the Communist Party enjoys a political monopoly in China, while other parties
have merely legally existence. Party Organization runs parallel to that of the
government. A person holding an important position as a public official is also
assigned office within the Party.
• The Central leadership of the Party is mainly responsible for chalking out
government policies. The importance of any government department can’t be
assessed keeping in view merely its legal status, since its role within the Party
matters.