Government of the
People's Republic of China
中华人民共和国政府
Formation1 October 1949; 73 years ago (1949-10-01)
LegislatureNational People's Congress
Websiteenglish.www.gov.cn Edit this at Wikidata
中国政府网.政务
Communist Party
PartyChinese Communist Party
General SecretaryXi Jinping
Government
ExecutiveState Council
(Li Qiang Government)
Paramount leader[note 1]Xi Jinping
PresidentXi Jinping
PremierLi Qiang
Congress ChairmanZhao Leji
Conference ChairmanWang Huning
Supervisory DirectorLiu Jinguo
Chief JusticeZhang Jun
Procurator GeneralYing Yong
Vice PresidentHan Zheng
MilitaryPeople's Liberation Army
People's Armed Police
Militia
Military ChairmanXi Jinping
Government of the People's Republic of China
Traditional Chinese中華人民共和國政府
Simplified Chinese中华人民共和国政府
Government of China
Traditional Chinese中國政府
Simplified Chinese中国政府

The government of the People's Republic of China is based on a system of people's congress within the parameters of a Marxism–Leninist state, in which the ruling Chinese Communist Party (CCP) enacts its policies through people's congresses. This system is based on the principle of unitary power, also termed unified state power, in which the legislature, the National People's Congress (NPC), is constitutionally enshrined as "the highest state organ of power." As China's political system has no separation of powers, there is only one branch of government which is represented by the legislature. The CCP through the NPC enacts unified leadership, which requires that all state organs, from the Supreme People's Court to the President of the People's Republic of China, are elected by, answerable to, and have no separate powers than those granted to them by the NPC. The CCP controls appointments in all state bodies through a two-thirds majority in the NPC. The remaining seats are held by nominally independent delegates and eight minor political parties, which are non-oppositional and support the CCP. All government bodies and state-owned enterprises have internal CCP committees that lead the decision-making in these institutions.

The NPC meets annually for about two weeks in March to review and approve major new policy directions, and in between those sessions, delegates its powers to the working legislature, the NPC Standing Committee (NPCSC). This organ adopts most national legislation, interprets the constitution and laws, and conducts constitutional reviews, and is headed by the chairman, one of China's top officials. The president represents China abroad, though since the 1990s, the presidency has always been held by the CCP general secretary. Elected separately by the NPC, the vice president has no power other than what the president bestowed on them but assists the president. The head of the State Council, the NPC's executive organ, is the premier. The CCP general secretary is China's leading official since the CCP is tasked with formulating and setting national policy which the state, after being adopted by the NPC or relevant state organ, is responsible for implementing.[1][2]

The State Council, also referred to as the Central People's Government, consists of, besides the Premier, a variable number of vice premiers, five state councilors (protocol equal of vice premiers but with narrower portfolios), the secretary-general, and 26 ministers and other cabinet-level department heads. It consists of ministries and agencies with specific portfolios. The State Council presents most initiatives to the NPCSC for consideration after previous endorsement by the CCP's Politburo Standing Committee.

China's judicial organs are political organs that perform prosecutorial and court functions. Because of their political nature, China does not have judicial independence as understood in liberal theory. China's courts are supervised by the Supreme People's Court (SPC). The Supreme People's Procuratorate (SPP) is responsible for prosecutions and supervises procuracies at the provincial, prefecture, and county levels. At the same administrative ranking as the SPC and SPP, the National Supervisory Commission (NSC) was established in 2018 to investigate corruption within the CCP and state organs.

Relationship with the Chinese Communist Party

All government bodies in China are under the control of the CCP, with the CCP constitution declaring that the party is the "highest force for political leadership". Senior government officials throughout the country are appointed by the CCP, and are mostly CCP members.[3] All government departments, state-owned enterprises and public institutes include CCP committees, from the village level to the national level. The CCP committees in government bodies largely supervise and lead the bodies, with the State Council mostly dealing with economic matters. As outlined by the CCP constitution: "Government, the military, society and schools, north, south, east and west – the party leads them all."[3]

Under the leadership of Deng Xiaoping, there were proposals to increase the separation of the state and the party, especially advocated by more liberal officials such as Zhao Ziyang.[3] The proposals included abolishing CCP committees from some government departments, increasing the influence of the State Council, and having professional managers leader SOEs instead of CCP committees. However, these proposals were eventually abandoned after the 1989 Tiananmen Square protests and massacre.[3]

On the relationship between the government and the CCP, James Palmer, writing for Foreign Policy, states that, "[t]he Chinese government is essentially the shadow of the Communist Party, moving as the party does, and consequently government roles matter far less than party ones."[4] According to The Economist, "[e]specially when meeting foreigners, officials may present name cards bearing government titles but stay quiet about party positions which may or may not outrank their state jobs."[5] According to scholar Rush Doshi, "[t]he Party sits above the state, runs parallel to the state, and is enmeshed in every level of the state."[6]: 35 

The integration of the CCP and the state has accelerated under Xi Jinping, chairing eight party commissions that direct government bodies.[3] Under Xi, several government and party bodies have also merged, with one party organization having an external state government name under the "one institution with two names" system, further blurring the lines between the party and the state.[3]

Constitution

Main article: Constitution of the People's Republic of China

The Constitution of the PRC was first created on 20 September 1954, before which an interim constitution-like document created by the Chinese People's Political Consultative Conference was in force. The second promulgation in 1975 shortened the Constitution to just about 30 articles, containing Communist slogans and revolutionary language throughout. The role of courts was slashed, and the Presidency was gone. The 3rd promulgation in 1978 expanded the number of articles, but was still under the influence of the very-recent Cultural Revolution.

The current constitution is the PRC's fourth promulgation, declared on 4 December 1982, and has served as a stable constitution for 30 years. The legal power of the CCP is guaranteed by the PRC Constitution and its position as the supreme political authority in the People's Republic of China is put in practice through its comprehensive control of the state, military, and media.[7]

National People's Congress

Main article: National People's Congress

See also: Standing Committee of the National People's Congress

The 12th National People's Congress held in 2013

The National People's Congress (NPC) is the national legislature of China. With 2,977 members in 2023, it is the largest parliamentary body in the world.[8] Under China's current Constitution, the NPC is structured as a unicameral legislature, with the power to legislate, to oversee the operations of the government, and to elect the major officials of state. Its delegates are elected for a five-year term through a multi-tiered electoral system.

The NPC and the National Committee of the People's Political Consultative Conference (CPPCC), a consultative body whose members represent various people's organizations, are the main deliberative bodies of China, and are often referred to as the Two Sessions.[9] Aside from the CCP, eight minor political parties participate, but are non-oppositional and have no real power.[10][11] They must accept the primacy of the CCP to exist and their members are preapproved by the CCP's United Front Work Department.[12]

The NPC, elected for a term of five years, holds annual sessions every spring, usually lasting from 10 to 14 days, in the Great Hall of the People on the west side of Tiananmen Square, Beijing. These annual meetings are usually timed to occur with the meetings of the CPPCC, providing an opportunity for the officers of state to review past policies and present future plans to the nation. The fourth session of the 12th NPC was held from 5 to 16 March 2016.[13][non-primary source needed]

The NPC generally has a reputation of approving the work of the State Council and not engaging in overmuch drafting of laws itself. However, it and its Standing Committee do occasionally assert themselves. For example, the State Council and the CCP were unable to secure passage of a fuel tax in 2009 to finance the construction of expressways.[14][15]

Leadership

Main article: List of leaders of the People's Republic of China

National leadership

Main article: List of national leaders of the People's Republic of China

Emblem of the Chinese Communist Party
Paramount leader and General Secretary Xi Jinping

The CCP Politburo Standing Committee consists of the government's top leadership. Historically it has had five to nine members, and currently has seven members. Its officially mandated purpose is to conduct policy discussions and make decisions on major issues when the Politburo, a larger decision-making body, is not in session. According to the CCP's Constitution, the General Secretary of the Central Committee must also be a member of the CCP Politburo Standing Committee.[16][better source needed]

The membership of the PSC is strictly ranked in protocol sequence. Historically, the general secretary (or party chairman) has been ranked first; the rankings of other leaders have varied over time. Since the 1990s, the general secretary (also the president), premier, chairman of the NPC Standing Committee, the chairman of the Chinese People's Political Consultative Conference, the secretary of the Central Commission for Discipline Inspection, the party's top anti-graft body, and the first-ranked secretary of the CCP secretariat have consistently also been members of the Politburo Standing Committee.[17]

Paramount leader

Main article: Paramount leader

Power is concentrated in the "paramount leader," an informal title currently occupied by Xi Jinping, who heads the four most important political and state offices: He is the general secretary of the CCP Central Committee, Chairman of the Central Military Commission, and President of the PRC.[18] Near the end of Hu Jintao's term in office, experts observed growing limitations to the paramount leader's de facto control over the government,[19] but at the 19th Party Congress in October 2017, Xi Jinping's term limits were removed and his powers were expanded.[20]

President

Main article: President of the People's Republic of China

Further information: Vice President of the People's Republic of China

Mao Zedong
First Chairman
Li Xiannian
First President

Under the PRC's constitution, the President of the People's Republic of China is a largely ceremonial office with limited powers.[21] However, since 1993, as a matter of convention, the presidency has been held simultaneously by the General Secretary of the Chinese Communist Party, the top leader in the one-party system.[22] The office is officially regarded as an institution of the state rather than an administrative post; theoretically, the president serves at the pleasure of the National People's Congress, the legislature, and is not legally vested to take executive action on its own prerogative.[note 2] The current president is Xi Jinping, who took office in March 2013.

The office was first established in the Constitution of the People's Republic of China in 1954 and successively held by Mao Zedong and Liu Shaoqi. Liu fell into political disgrace during the Cultural Revolution, after which the office became vacant. The office was abolished under the Constitution of 1975, then reinstated in the Constitution of 1982, but with reduced powers. The official English-language translation of the title was "Chairman"; after 1982, this translation was changed to "President", although the Chinese title remains unchanged.[note 3] In March 2018, presidential term limits were abolished.[23]

State Council

Main article: State Council of the People's Republic of China

Further information: Premier of the People's Republic of China and Ministries of the People's Republic of China

Zhou Enlai
First Premier
Li Qiang
Current Premier

The State Council is the cabinet of China. It is officially appointed by the National People's Congress and is chaired by the premier and includes the heads of each governmental department and agency.[24] The premier is assisted by several vice premiers, currently four, each of them overseeing a certain area of administration.[25] The premier, vice premiers and the State Councilors collectively form the inner cabinet that regularly convenes for the State Council Executive Meeting.[26]: 76–80  The State Council includes 26 constituent ministries, and officially oversees the provincial-level governments throughout China.[27]

Central Military Commission

Main article: Central Military Commission (China)

The CMC is housed in the Ministry of National Defense compound ("August 1st Building")

The Central Military Commission (CMC) exercises the supreme command and control over the People's Liberation Army (PLA), the People's Armed Police, and the Militia. It operates within the CCP under the name "Central Military Commission of the Communist Party of China", and as the military arm of the central government under the name "Central Military Commission of the People's Republic of China". Under the arrangement of "one institution with two names", both commissions have identical personnel, organization and function, and operate under both the party and state systems.[28] The commission is headed by the CMC Chairman.[29]

National Supervisory Commission

Main article: National Supervisory Commission

The National Supervisory Commission (NSC) is the highest state supervisory (anti-corruption) agency of China. At the same administrative ranking as the Supreme People's Court and Supreme People's Procuratorate, it supervises all public officials who exercise public power.[30] It closely operates together with the Central Commission for Discipline Inspection of the CCP, and effectively acts as the state arm of the CCDI.[31] It replaced the former Ministry of Supervision.

Supreme People's Court and Supreme People's Procuratorate

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Emblem of the People's Courts
Emblem of the People's Procuratorate

Main articles: Supreme People's Court and Supreme People's Procuratorate

The Supreme People's Court is the judicial organ of the People's Republic of China. Hong Kong and Macau, as special administrative regions, have separate judicial systems based on British common law traditions and Portuguese civil-law traditions, respectively. The judges of the Supreme People's Court are appointed by the National People's Congress.

Provincial and local government

Main article: Administrative divisions of the People's Republic of China

The governance of China is characterized by a high degree of political centralization but significant economic decentralization.[32]: 7  The central government sets the strategic direction while local officials carry it out.[32]: 7 

The governors of China's provinces and autonomous regions and mayors of its directly administered municipalities are appointed by the State Council after receiving the nominal consent of the National People's Congress (NPC). The Hong Kong and Macau special administrative regions (SARS) have some local autonomy since they have separate governments, legal systems, and basic constitutional laws, but they come under Beijing's control in matters of foreign policy and national security, and their chief executives are effectively handpicked by the CCP Politburo.

Below the provincial level, there are prefectures and counties. Counties are divided into townships and villages. While most are run by appointed officials, some lower-level jurisdictions have direct elections.

While operating under strict control and supervision by the central government, China's local governments manage relatively high share of fiscal revenues and expenditures.[33]

Civil service

Main article: Civil service of the People's Republic of China

China's civil service is divided into tiers.[34]: 147  The highest tiers (including department chiefs, deputy department chiefs, and section chiefs) have significant involvement in policy-making.[34]: 147 

See also

Notes

  1. ^ The "Paramount leader" is not a formal title, that the leader is usually holding the titles of General Secretary of the Communist Party and Chairman of the Central Military Commission.
  2. ^ It is listed as such in the current Constitution; it is thus equivalent to organs such as the State Council, rather than to offices such as that of the premier.
  3. ^ In Chinese, the President of the PRC is termed Zhǔxí (主席) while the Presidents of other countries are termed Zǒngtǒng (总统). Furthermore zhǔxí continues to have the meaning of "chairman" in a generic context.

References

Citations

  1. ^ Natalie Liu (7 October 2022). "View China's Xi as Party Leader, Not President, Scholars Say". Voice of America. Retrieved 7 October 2022. But Clarke and other scholars make the point that Xi's real power lies not in his post as president but in his position as general secretary of the Chinese Communist Party.
  2. ^ "How the Chinese government works". South China Morning Post. Archived from the original on 12 May 2018. Retrieved 12 May 2018. Xi Jinping is the most powerful figure in China's political system, and his influence mainly comes from his position as the general secretary of the Chinese Communist Party.
  3. ^ a b c d e f Ma, Josephine (17 May 2021). "Party-state relations under China's Communist Party: separation of powers, control over government and reforms". South China Morning Post. Retrieved 23 June 2023.
  4. ^ James, Palmer (15 March 2023). "China Gets a New Premier". Foreign Policy. Retrieved 15 March 2023.
  5. ^ "What party control means in China". The Economist. March 9, 2023. ISSN 0013-0613. Retrieved 2023-03-11.
  6. ^ Doshi, Rush (2021-09-30). The Long Game: China's Grand Strategy to Displace American Order (1 ed.). Oxford University Press. doi:10.1093/oso/9780197527917.001.0001. ISBN 978-0-19-752791-7. OCLC 1256820870.
  7. ^ Ralph H. Folsom, John H. Minan, Lee Ann Otto, Law and Politics in the People's Republic of China, West Publishing (St. Paul, 1992), pp. 76–77.
  8. ^ "中华人民共和国第十四届全国人民代表大会代表名单". National People's Congress. Retrieved 27 May 2023.
  9. ^ Davidson, Helen (2023-03-01). "Explainer: what is China's 'two sessions' gathering, and why does it matter?". The Guardian. ISSN 0261-3077. Retrieved 2023-07-15.
  10. ^ Friedberg, Aaron L. (2022). Getting China Wrong. Cambridge. p. 50. ISBN 978-1-509-54512-4. OCLC 1310457810.((cite book)): CS1 maint: location missing publisher (link)
  11. ^ Liao, Xingmiu; Tsai, Wen-Hsuan (2019). "Clientelistic State Corporatism: The United Front Model of "Pairing-Up" in the Xi Jinping Era". China Review. 19 (1): 31–56. ISSN 1680-2012. JSTOR 26603249.
  12. ^ Baptista, Eduardo (2021-06-11). "Are there other political parties in China?". South China Morning Post. Retrieved 2022-12-26.
  13. ^ "The National People's Congress of the People's Republic of China". Archived from the original on 2 February 2017. Retrieved 8 November 2016.
  14. ^ Jia, Hepeng (2009-01-08). "China bites the bullet on fuel tax". Chemistry World. Retrieved 2023-03-15.
  15. ^ "National People's Congress". BBC News. Retrieved 2023-03-15.
  16. ^ "16th National Congress of the Communist Party of China, 2002". China Internet Information Center. Archived from the original on 2007-10-18. Retrieved 2017-09-06.
  17. ^ "China's Next Leaders: A Guide to What's at Stake". China File. Asia Society. 13 November 2012. Archived from the original on 10 February 2013. Retrieved 18 November 2012.
  18. ^ "A simple guide to the Chinese government". South China Morning Post. Archived from the original on 2018-05-13. Retrieved 2018-05-13. Xi Jinping is the most powerful figure in the Chinese political system. He is the President of China, but his real influence comes from his position as the General Secretary of the Chinese Communist Party.
  19. ^ Higgins, Andrew (16 January 2011). "Hu's visit spotlights China's two faces". The Washington Post. Archived from the original on 30 September 2013. Retrieved 17 January 2011.
  20. ^ Buckley, Chris; Bradsher, Keith (25 February 2018). "China Moves to Let Xi Stay in Power by Abolishing Term Limit". The New York Times. ISSN 0362-4331. Archived from the original on 15 November 2020. Retrieved 16 November 2020.
  21. ^ Chun 2023, p. 24.
  22. ^ "Does Chinese leader Xi Jinping plan to hang on to power for more than 10 years?". South China Morning Post. 6 October 2017. Archived from the original on 7 October 2017. Retrieved 12 October 2017. If Xi relinquished the presidency in 2023 but remained party chief and chairman of the Central Military commission (CMC), his successor as president would be nothing more than a symbolic figure... "Once the president is neither the party's general secretary nor the CMC chairman, he or she will be hollowed out, just like a body without a soul."
  23. ^ Buckley, Chris; Myers, Steven Lee (2018-03-11). "China's Legislature Blesses Xi's Indefinite Rule. It Was 2,958 to 2". The New York Times. ISSN 0362-4331. Retrieved 2023-05-27.
  24. ^ Zheng, William (28 March 2023). "New work rules for China's State Council put the party firmly in charge". South China Morning Post. Retrieved 19 June 2023.
  25. ^ He, Laura (4 March 2023). "Meet the 4 men tapped to run China's economy". CNN. Retrieved 19 June 2023.
  26. ^ Heilmann, Sebastian (2016-12-08). China's Political System. Rowman & Littlefield. ISBN 978-1-4422-7736-6. OCLC 970388499.
  27. ^ Cheng, Li; Prytherch, Mallie (7 March 2023). "China's new State Council: What analysts might have missed". Brookings Institution. Retrieved 19 June 2023.
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  29. ^ Li, Nan (26 February 2018). "Party Congress Reshuffle Strengthens Xi's Hold on Central Military Commission". The Jamestown Foundation. Archived from the original on 26 October 2019. Retrieved 27 May 2020. Xi Jinping has introduced major institutional changes to strengthen his control of the PLA in his roles as Party leader and chair of the Central Military Commission (CMC)...
  30. ^ "People's Republic of China Supervision Law (draft)". China Law Translate. China. 6 November 2017. Archived from the original on 12 November 2017. Retrieved 27 January 2018.
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Works cited

Sources