Chinese Constitution

“Mao led one of the greatest political movements of history, an effort to use doctrine and new organizational forms to reshape, mobilize and modernize the immense Chinese nations. Where there had been chaos, his movement brought order and unity. It restored the national image, making China respected militarily and politically. It eliminated much of the dire poverty and hunger that had beset the old China.” (Robert Wesson)

People’s Republic of China stands distinct amongst those countries, which made tremendous progress after independence within a short period of time. The Chinese tackled most of their problems very successfully and emerged as a big power. People’s Republic of China came into being in 1949, after putting up a long and valiant struggle full of hardships, on the basis of Socialist Revolution. The country had to pass through a state of civil war for decades together. The adversaries were the Communists and the Nationalists, whose rivalries added to the miseries of the society.

In the new polity, the leadership of the Communist Party started working for the establishment of an ideal Socialist order with full missionary zeal while uprooting the old traditions and remnants of the socio-political and cultural past. They achieved their target to a considerable extent.


Constitutional History:
The constitution of 1954 of People’s Republic of China was the first constitution of Socialistic nature. After its implementation many deep changes took place in political, economic and cultural walks of life apart from varied nature of external environments on the global scene, thereby ranking certain parts of the constitution as obsolete. Then in 1975 new constitution was adopted. It was in the nature of an advanced step of the previous constitution and regarded rather its continuity. Much advancement took place and targets met after the implementation of 1st and 2nd constitutions of People’s Republic of China. So again a new constitution was framed by National People’s Congress on 5th March 1978.

After the death of Mao Zedong in 1976, Deng Xiao Peng emerged as the supreme leader. He immediately announced that his priority was to modernize China. To cope up with the new political developments effectively, a committee was formed in 1982 under Zeng Zon to undertake the revision of the constitution. Eventually the committee announced that drafting of a new constitution was indispensable in the face of important changes of historical significance. The new constitution was approved in December 1982, by 5th National People’s Congress.

Salient Features of Constitution

1. Preamble:
The new constitution like the previous documents signifies and eulogizes the memorable sacrifices and unparalleled services rendered by the Communist leadership for the attainment of independence and bringing Socialist Revolution. 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 the 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:

a) Respect and Preservation of the territorial integrity of all nations
b) Avoidance of aggression
c) Non-interference in the internal affairs of other countries
d) Promotion of international cooperation
e) Peaceful coexistence


2. Nature of Constitution:
Constitution of 1982 is a brief document comprising only few chapters. It has closer affinity in letter and spirit, with the constitution of the former Soviet Union. It is neither too rigid nor too flexible.


3. Basic Principles:
Under the constitution, People’s Republic of China is a Socialist State established in the name of People’s Democratic dictatorship, whereas Communist Party performs the 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.


4. Economic System:
The constitution signifies two kinds of property, socialist property of the people and the other form is collective ownership of the workers. The assets created through individual earnings within the orbit of law, are also declared legal. All socio-cultural activities, according to a constitutional requirement, are supposed to be subservient to Socialistic values, as interpreted by the teachings of Marx, Lenin and Mao.


5. Unitary System:
Most of the countries in the contemporary world have federal system, as this system has full potential to maintain a suitable balance between centralism and regionalism. Former Soviet Union had the same system but unitary system prevails in People’s Republic of China within the constitutional framework. A strong central government exists while regional governments, as distinct entities, have not been created under the constitution. In order to encourage people’s participation in public 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.


6. 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.


7. One Party System:
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 holds all top-notch 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.


8. Legislative Branch:
National People’s Congress holds important position as law-making body. Its sphere of activity is not restricted to the aforesaid fields only; it also elects the members of various government departments. State Council, which stands as the most superior administrative institution, is accountable to the Congress. The appointment of the President of the Republic and that of the Vice President is on the discretion of the Congress.

Congress consists of one chamber and unlike its Western counterpart; it does not enjoy the status of a powerful law-making body. The real function of the Congress is to transform the aspirations of the Party leadership into law. Importance of the Congress lies in the fact that most of the important members of the Chinese Communist Party are also the members of the Congress.


9. Nature of the Executive:
Under the constitution, State Council is the chief executive organ of the government. It is headed over by the Prime Minister and 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 council. The members of the State Council introduce the bills on the floor of the Congress in the form of proposals and later manage to get these translated into law on parliamentary lines. The Premier performs very important role as head of the administration and holds pivotal position within the administrative set up.

President of the Republic is regarded as head of the state who is elected by the Congress for a period of five years. The President enjoys the most prestigious position in the administrative setup. The respective role to be performed by both the office holders depends on personal caliber and contemporary political scene. The constitution does not throw much light on this issue.


10. Nature of the Judiciary:
Peculiar type of judicial system operates in China. Chinese law never been codified in a systematic form. Most of the disputes and controversies are settled in quasi-judicial institutions. Chinese juridical system has been held together more by the conventions rather than by the laws.


11. Rights and Obligations:
Articles 33 and 56 of the constitution prescribe basic rights and duties of the citizens. All citizens at least of 18 years of age are secured right to vote and they enjoy also the right to contest the elections. Right to secrecy of all correspondence, freedom of expression, freedom to join or form association, and right to hold public meetings even to the extent of staging demonstration or resort to strike for articulation of demands, have been secured under the constitution. Moreover, all the citizens have right to religion.

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.


Obligations:
Chinese constitution prescribes explicitly certain duties of the citizens along with rights. It is the first and foremost obligation on 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 and for that purpose everyone is required to join the army or Malatia, as the law demands.


12. Nature of the Elections:
The Communist Party has been given legal recognition as the repository of political leadership in the political system. In the past only such candidates were considered eligible to contest the election to various political offices, as had staunch faith in the teachings of Marx in addition to having been nominated by the Party as well. But after the liberalization policies adopted by Deng Xiao Peng, certain other parties are also allowed to put their candidates in the contest. Only such parties and organizations are allowed to nominate their candidate as are recognized by the Chinese Communist Party. All the citizens at least 18 years of age are enfranchised on the principle of adult suffrage. The voters are duly bound to cast their votes.

“The nature of our State as a People’s Democratic Dictatorship determines that in China, it is the people and the people alone who are the masters of the state and society.” (Pengzhen)

National People’s Congress

National People’s Congress is regarded as the superior most institution and as the repository of the governmental authority. It has been declared as an organ through which the people exercise state power. Therefore, the People’s Congress System is China’s fundamental political system. 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.


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 to make proper arrangements for holding fresh elections prior to the completion of its term.


Sessions:
Sessions of the Congress is held once a year in Beijing. 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 fifths of its members.


Powers:
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. Another most important power lies in its choice of government officials.


1. Enactment of Laws:
During its sessions, the Congress enacts new laws and makes necessary alterations in the existing ones, if circumstances so demand. Constitution can be amended with the support of two-thirds majority of the members of the Congress whereas ordinary laws are enacted by simple majority. It is to be noted, that the acts of the Congress cannot be challenged in the Supreme Court.


2. Executive Powers:
National People’s Congress is also empowered under the constitution, to supervise the execution of constitutional laws and the 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 incharge ministers are accountable to the Congress in respect f 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 expedient and necessary within its sphere of action.


3. Elective functions:
Congress holds a pivotal position within governmental structure by virtue of its power to elect the top-notch occupants of the governmental authority. Under the new 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 Prime Minister, 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 Procurator of the Supreme Procurate.


Role Analysis:
Though the People’s Congress is constitutionally fully authorized to exercise all the foregoing powers, in practice it is not an active body. Rather its position, considering from democratic view-point, as a free law-making body is merely in theory. Its major reason lies in the fact that rarely its sessions are held on regular basis. It meets in session once a year, that too continues for not more than few days. The deputies do not find sufficient time to participate effectively in deliberations due to excessive load of work. The powers of Congress are virtually exercised by its Standing Committee during much time of the year.

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 subordinate body to the Congress, as a matter of principle. It is accountable to the parent body and is bound to present regularly reports of its working. All the members of the Committee are elected by the Congress and liable to be removed on its discretion.


Chairman:
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. Quite recently he was also endowed with the power to issue decrees and promulgate ordinances. To receive the diplomatic envoys of other countries, ratification of the treaties made with other countries and the appointment of the members of diplomatic corpse assigned to other countries, these all were included in the list of his duties. He is also regarded as the fountain of honor.


Powers:
1. The Committee summons the sessions of the Congress in addition to the issuance of the orders to hold its fresh elections.

2. 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.

3. To supervise the functioning of State Council, of superior courts and that of Procurator has been assigned to the Standing Committee by the Constitution.

4. The Committee has the authority to alter or repeal any inappropriate decision of the official departments, of the autonomous regions, provinces and that of the Municipalities working under the Central government.

5. Standing Committee of National People’s Congress is actually the repository of real powers during the interval the Congress is out of session. During this period it wields 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 of the court and that of the Deputy Chief Procurator.


Other Committees:
The People’s Congress forms during its term number of Committees 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 during the period the latter is not in session.

Conclusion:
Keeping in view the aforesaid functions and powers of Standing Committee, it is apparent that it is a powerful and effective body. As the Congressional annual session lasts to few days only, its powers are virtually exercised by the Standing Committee for the remaining period the parent body is not in session. The Committee’s members, being the members of the Chinese Communist Party, also performs important role in administrative affairs as well.

__________________
Kon Kehta hy k Main Gum-naam ho jaon ga
Main tu aik Baab hn Tareekh mein Likha jaon ga

Communist Party

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 cities and the towns.


Ideological Foundations:
Ideology of Chinese Communist Party had been shaped by the teachings of Marx and Lenin right from its inception. It developed deep linkage with the global Communist Movement at its early phase. Mao performed pivotal role in the whole socialist struggle of the Chinese People. As a result, his precepts and thinking was held in esteem by the Chinese Communists. Certain distinct and peculiar features of Chinese Communism gradually developed under the impact of Mao’s approach.

Mao fully devoted himself and adopted certain revolutionary steps to educate the party workers and thereby put a new zeal, enthusiasm and homogeneity in their lines. In addition, he made all efforts to eliminate diversities in all nationalities so as to foster national integration. It was further putting all efforts on these lines that he waged armed struggle.

The Post Revolutionary Phase of Cultural Revolution (1966-76) is known as a period full of turmoil and turbulence as the country had to undergo through many crisis. Many important office bearers of the Party were forced to quit the first rank leadership so much that even the top leaders like Deng Xiao Peng were expelled twice from the government and the Party. Even the expected successors of Mao were also maltreated. But after the death of Mao, his widow and some of his old companions became the targets of governmental vengeance. Deep and profound changes took place in the composition of the party leadership as well as in the party policies.


Party Organization:
Chinese Communist Party has been organized on a wider scale and it lays too much stress on the maintenance of strict discipline, education and training of the members. The candidate aspiring for membership has to undergo a long process, full of trials and hardships. His loyalty to the party and potential is fully tested during the training period. any Chinese citizen at least 18 years of age, is qualified to apply for acquiring party membership subject to the condition that he is willing to abide by the provisions of the Party Constitution, observe disciplinary rules, assist in the execution of the Party decisions and pay party funds etc.


Democratic Centralism:
Democratic Centralism operates as an important principle within the party organization. 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 many 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. To abide by the decisions of the leadership of higher party ranks, is obligatory on the lower party branches and in practice most of the decisions are thrusted from the higher party leadership within the central leadership, normally one person enjoys the pre-dominant position.


Politburo:
The Politburo has been regarded as the most powerful body in the decision-making process as it makes all important decisions; so much 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 Central Committee during the period the latter is not in session.


National Party Congress:
National Party Congress holds a pivotal position in the policy-making of the Party. Members of the Congress numbering in thousands with no fixed size are elected by the respective regional and local party congresses for a period of five years.


Central Committee:
The Congress holds its sessions once a year which extends to few days only. The Central Executive Committee, comprising limited membership exercises the power of the Congress during the interval the latter is not in session. The powers of the Central Executive Committee are also exercised in practice, by its Politburo as the former rarely holds its meetings. The Central Committee elects the members of its Politburo, as well as its Chairman and Vice Chairman.


Other Parties and Groups:
Single party system, on the lines of Soviet Union, has not been adopted in People’s Republic of China, rather such smaller parties, as Kumintang 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 Chinese Communist Party on different levels since the inception of the new order.


Conclusion:
Communist Party enjoys political monopoly in China while other parties have merely dejure existence. Party Organization runs parallel to that of the government. A person holding important position as public official is also assigned office within the Party. The Central leadership of the Party is mainly responsible for chalking out governmental policies. The importance of any government department can’t be assessed keeping in view merely its legal status rather its role within the Party meters.

__________________
Kon Kehta hy k Main Gum-naam ho jaon ga
Main tu aik Baab hn Tareekh mein Likha jaon ga

plz post the most important questions of Chines Constitution in outlines form

If you see last 10-12 years papers of CSS Political Science, then you come to know that there isn't any direct question related to Chinese constitution. A number of times question is asked about communism in China or about Chinese Political System. So while writing the answer you have to give information also about constitution to support your answer.
I have written the constitution in detail. You can make outline of your own choice.

__________________
Kon Kehta hy k Main Gum-naam ho jaon ga
Main tu aik Baab hn Tareekh mein Likha jaon ga