China Part II – Governing Institutions

 

I.               Parallel state and party systems

II.            Party  - Overview

a.                    Based on Marxism-Leninism, Mao Zedong/Deng Xiaoping Thought

                                                   i.     Ideology revised under Deng, removed radical Maoist elements

                                                 ii.     Ideology weakly believed

1.   Access to more diverse media (e.g., internet) and greater openness of media further dilutes saliency of ideology

2.   Education still used extensively for indoctrination, although enrollment drops sharply after primary school

3.   Emphasis on technical training reduces focus on politics

4.   Rise of autonomous both traditional and popular culture washes out party

5.   Small religious revival

6.   Revival of nationalism as surrogate for ebbing communism

7.   Minorities (Islam, Tibet, etc.) also have less enthusiasm for official ideology

                                              iii.     Members mostly join for career purposes (only 5% of population in CCP); higher officials are technically proficient, not politicized working class radicals

1.   40% peasants; 20% workers; 30% intellectuals, professionals

2.   Women only 20%, very unrepresentated at higher levels

b.  Defines what is socialism

c.   Oversees work of government

d.  Establishes major policy goals


 

III.         Party Organization

a.   General Secretary

b.  Politburo and Standing Committee

c.   Central Committee

d.  National Party Congress

                                                   i.     Provincial, City and Local Party
    Congresses and Organizations

e.   Primary Party Organizations

   (Branches and cells)

 

Organization of the Chinese Communist Party


Chinese Communist Party Organization

 

General Secretary

Standing Committee (7)

Politburo (24)  Only consequential level for policies and guidance

 

Central Commission for Discipline Inspection (enforces party discipline)

 

Secretariat (7) manages the daily work of Politburo and Standing Commitee, coordinates party structure

 

Other Central Commissions, Offices, etc

 

National Party Congress (2074)  Meets every 5 yrs.  Mostly symbolic role

 

Provincial, City and Local Party Congresses and Organizations

 




Organization of the Government of the People’s Republic of China

 

 

 

 


 

 


IV.  Government

a.   Composed mostly of CCP members

b.  Has structure somewhat similar to French system regarding executive

1.   President The President of the People's Republic of China is the Head of State, as well as the supreme representative of China both internally and externally. The State presidency is an independent State apparatus and a component part of China's State organization.


2..  Premier
  - 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.


3.   Cabinet (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.


 

4.   Legislature is different 

a.    National People’s Congress

                                                                                  i.     The National People's Congress is the highest organ of State power of the People's Republic of China. Its main functions and powers include formulation of laws, delegating authority, policy formulation, and supervision of other governing organs.

                                                                                ii.     The NPC has the right to enact and amend the Constitution of the People ' s Republic of China, and to enact and amend basic laws concerning criminal offenses, civil affairs, State organs, and other matters.

                                                                               iii.     The power to delegate authority allows the Congress to select, empower, and remove leadership and members of the highest State organs.

                                                                               iv.     Policy formulation

                                                                                v.     Supervision of governing organs and officers: The NPC has the right to select the members of the Standing Committee of the NPC; to elect the president and vice-president of the People's Republic of China; to appoint and approve premier, vice-premiers, State councilors, minister in charge of ministries and commissions, auditor-general and secretary- general of the State Council; to elect the chairman of the Central Military Commission and decide other members of the Commission; and to elect the president of the Supreme People's Court t and the procurator-general of the Supreme People's Procuratorate. The NPC has the right to remove any or all members it elects and decides, and is therefore t he final authority among all State organs.

                                                                               vi.     Meets infrequently: Under the current Constitution and related laws, the NPC holds a session on the first quarter of each year, convened by its Standing Committee. A single term of a NPC deputy is five years.

                                                                             vii.     Delegates Power to Standing Committee: The NPC Standing Committee is the permanent supreme State organ of power and legislation. It exercises the highest State power and legislative power when the NPC is not in session. The Standing Committee is composed of 153 members, none of whom can assume an office in State administrative, judicial or procuratorial organs, so as to maintain a separation of powers and to better supervise these organs


5.   Elections

a.   All candidates approved by CCP

b.   Voters only choose lower-level deputies to People’s Congresses (e.g., county, city)

                                                                                 i.     Hi turnout

                                                                               ii.     Hi eligibility

                                                                             iii.     Choice of “approve” or “abstain” increasingly replaced by multiple candidates and secret ballot

1.   11+ voters can nominate candidates for election

2.   Rural elections – directly elected village representative assemblies and officials

3.   Creates uneasy tension with CCP

4.   CCP still has no organized competition

c.   Indirect elections for higher-level organs

d.   Patron-client relations often prevail at local levels

e.   No independent interest groups – but rather official “mass organizations” which do have some influence on policy

                                                                                 i.     All-China Federation of Trade Unions

                                                                               ii.     All-China Women’s Federation

                                                                             iii.     “NON-governmental organizations – associations based on profession, cause or charity but officially “non-political”

                                                                             iv.     UNITS formed at workplace used to disseminate party line

                                                                               v.     RESIDENTS’ committees – instrument of control in urban neighborhoods – prevents unauthorized contacts

                                                                             vi.     Control remains, although labor unrest remains, rural protests against corruptions, taxes

 


 

6. Other Governing Organs

1. Supreme People’s Court - The Supreme People's Court is the highest judicial organ in China and is responsible to the NPC and its Standing Committee.  It has three responsibilities:

(1) trying cases that have the greatest influence in China, hearing appeals against the legal decisions of higher courts, and trying the cases the Supreme People's Court claims are within its original jurisdiction.

(2) supervising the work of local courts and special courts at every level, overruling wrong judgements they might have made, and deciding interrogations and reviewing cases tried by the lower courts.

(3) giving judicial explanations of the specific utilization of laws in the judicial process that must be carried out nationwide.

The president of the Supreme People's Court is elected by the NPC and remains in office for no more than two successive terms with each term lasting five years. The deputy presidents of the Supreme People's Court, members of the judicial committee, presiding judges of affiliated courts and their deputies, and judicial officers are appointed and recalled by the Standing Committee of the NPC.

                 2.          The Supreme People's Procuratorate  -

The people's procuratorates are State organs for legal supervision. The Supreme People's Procuratorate is the highest procuratorial organ. It is mainly responsible for supervising regional procuratorates and special procuratorates to perform legal supervision by law and protecting the unified and proper enforcement of State laws. The Supreme People's Procuratorate has to report its work to the NPC and its Standing Committee, to whom it is responsible, and accept their supervision.  (This seems like a combination of the work of the federal “Attorney General” in the US and state level ‘attorney generals’)

 

3.     Central Military Commission

a.     The Central Military Commission is the supreme leading organ of the armed forces of the People's Republic of China. It directs and commands the national armed forces.

The chairman of the Central Military Commission is elected by the NPC, and the selection of other members are decided by the NPC and its Standing Committee on the basis of the nomination by the chairman. The State Central Military Commission follows the system of Chairman responsibility in work, while the Chair man is responsible to the NPC and has the right to make final decisions on affairs within its functions and powers.