System of people's congress

The system of people's congress (Chinese: 人民代表大会制度; pinyin: Rénmín Dàibiǎo Dàhuì Zhìdù) under the leadership of the Chinese Communist Party (CCP) is the form of government of the People's Republic of China (PRC), and is based on the principle of unitary power, in which all state powers are vested in the National People's Congress (NPC).[1] No separation of powers exists in the PRC. All state organs are elected by, answerable to and have no separate powers than those granted to them by the NPC.

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System

The People's Congress System was set out in the Electoral Law of 1953 and has been subsequently revised.[2] Currently, there are five levels of people's congresses.[2] From more to less local, they are: (1) people's congresses in villages, minority nationality townships, and towns; (2) people's congresses of cities that are not sub-divided, municipal districts, counties, and autonomous counties; (3) people's congresses in sub-districts of larger cities and in autonomous prefectures; (4) people's congresses in provinces, autonomous regions, and municipalities directly administered by China's central government; and (5) the National People's Congress.[2] Direct elections occur at the two most local levels, while the members at the higher levels are indirectly elected, i.e., elected by those elected in the lower levels.[2] The National People's Congress is officially China's highest organ of state power, with the Standing Committee being its permanent body. However, nominations at all levels are controlled by the Chinese Communist Party (CCP), and the CCP's supreme position is enshrined in the state constitution, meaning that the elections have little way of influencing politics.[3][4] Additionally, elections are not pluralistic as no opposition is allowed.[3]

Role of the Chinese Communist Party

The Chinese Communist Party (CCP) has a central role in lawmaking in the People's Republic of China, which has fluctuated over time.[5][6][7][8] The CCP sits above any legal code and the constitution of the People's Republic of China.[9] CCP principles and slogans are codified into the state's legal code to increase the legitimacy of party rule.[9]

The role of the CCP in lawmaking increased once Xi Jinping became General Secretary of the Chinese Communist Party.[10] Through a variety of documents circulated within the CCP, the party directs China's lawmaking organs such as the Standing Committee of the National People's Congress in the lawmaking process.[11][12]

See also

References
  1. "The National People's Congress of the People's Republic of China". www.npc.gov.cn. Archived from the original on 2023-03-28. Retrieved 2023-01-14.
  2. Boer, Roland (2021). Socialism with Chinese characteristics: a Guide for Foreigners. Singapore. p. 193. ISBN 978-981-16-1622-8. OCLC 1249470522.{{cite book}}: CS1 maint: location missing publisher (link)
  3. "Democracy". Decoding China. Heidelberg University. 4 February 2021. Archived from the original on 2022-08-16. Retrieved 2022-08-22.
  4. Truex, Rory (2016-10-28). Making Autocracy Work. Cambridge University Press. ISBN 978-1-107-17243-2. Archived from the original on 2023-03-08. Retrieved 2023-01-14.
  5. Tanner, Murray Scot (1994). "The Erosion of Communist Party Control over Lawmaking in China". The China Quarterly. 138 (138): 381–403. doi:10.1017/S0305741000035803. ISSN 0305-7410. JSTOR 654949. S2CID 154784276.
  6. Chien-Min, Chao (2003-03-10). "The National People's Congress Oversight Power and the Role of the CCP". The Copenhagen Journal of Asian Studies. 17: 6–30. doi:10.22439/cjas.v17i0.11. ISSN 1395-4199.
  7. Tanner, Murray Scot (March 1995). "How a Bill Becomes a Law in China: Stages and Processes in Lawmaking". The China Quarterly. 141: 39–64. doi:10.1017/S0305741000032902. ISSN 0305-7410. S2CID 154503140.
  8. Otto, Jan; Chen, Jianfu; Li, Yuwen; Polak, Maurice V. (2000-09-14). Law-Making in the People's Republic of China. Springer Netherlands. ISBN 978-90-411-1433-4.
  9. "Rule by law, with Chinese characteristics". The Economist. July 13, 2023. ISSN 0013-0613. Archived from the original on 2023-07-17. Retrieved 2023-07-22. The party sits above any legal code and even China's constitution, its powers unchecked by any court. Indeed, Mr Xi denounces judicial independence and the separation of powers as dangerous foreign ideas. Instead, to hear legal scholars explain it, Mr Xi is offering rule by law: ie, professional governance by officials following standardised procedures. At home, the party hopes that this sort of authoritarian rule will enjoy more legitimacy than a previously prevailing alternative: arbitrary decision-making by (often corrupt) officials.
  10. Economy, Elizabeth (2018). The Third Revolution: Xi Jinping and the New Chinese State. Oxford University Press. ISBN 978-0-19-086607-5.
  11. Cao, Deborah (2017-03-02). Chinese Law: A Language Perspective. Routledge. ISBN 978-1-351-95197-5.
  12. 刘松山, 2017-05-24, 法学月刊杂志社. "党领导立法工作需要研究解决的几个重要问题". Archived from the original on 19 December 2017. Retrieved 31 May 2017.{{cite web}}: CS1 maint: multiple names: authors list (link)
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