Current Political System of China

1) single party system: communist party

2) Legislature : National's Peoples Congress
3) Executive
4) Judiciary

The Communist Party of China, which was previously known as the Chinese Communist Party, uses
the single-party system to maintain political control over the state.

There are multiple candidates for the same position, but all candidates belong to the same political
party.

The party operates through the system called democratic centralism. This means that when a decision
has been voted on by the majority of the members of the party, the entire party stands by the decision.
As the government of China is a single-party system, this means that the entire Chinese government
supports the decisions of the Communist Party of China.

2) Unicameral Legislature of the NPC:

2.1) 3000 members :

The National People Congress (the NPC) is a unicameral legislature of a unitary state.
It consists of nearly 3000 deputies who are elected by the provinces, autonomous
regions, municipalities directly under the Central Government and the armed forces of
China (In 1998, 2974 deputies constituted the NPC).

All citizens of 18 years or above of age have the right to vote. Any voter can seek
election regardless of nationality, race, sex, occupation, family background, religious
belief, education, property, status or length of residence.

Only persons who have been specifically denied the political right to vote cannot
become its members or participate in its elections (Article 34). Under Article 59, all
the minority nationalities are entitled to appropriate representation in the NPC. The
number of the deputies and the manner of their election are prescribed by law.

Method of Election of Deputies of NPC:

There is nothing like an election commission in China for conducting elections. The
responsibility of conducting the elections belongs to the Standing Committee of the
NPC. The Constitution requires the Standing Committee to ensure the election of the
deputies of the new NPC two months before the expiry of the term of the existing
NPC.

If in case of ‘exceptional circumstances’ (emergency), elections cannot be held, the

Standing Committee can postpone these by taking a decision with a 2/3rd majority.

In such an eventuality the existing NPC continues to remain in office and its term gets
extended. However, elections to the new NPC have to be completed within one year
of the end of such ‘exceptional circumstances’. As such, the Standing Committee has
the discretion to decide the ‘existence of exceptional circumstances’ warranting a
postponement of elections for NPC.

Tenure of the NPC:

The tenure of the NPC is five years. There is no provision for its mid-term dissolution.
But in exceptional circumstances, when the Standing Committee decides to postpone
elections, its term gets extended till the election of a new NPC.

Sessions of the NPC:

The NPC meets at least once in a year. Its sessions are convened by its Standing
Committee. The power to convene the sessions does not belong to the President of the
People’s Republic of China. Further, its session can be convened at any time when the
Standing Committee deems it necessary, or when more than 1/5th of the deputies so
propose.

The Constitution does not provide for the advancement or postponement of a session.

Privileges and Duties of the Deputies:

The deputies of the NPC enjoy certain privileges. No deputy can be arrested or put on
criminal trial without the consent of the Presidium of the current session of the NPC
or when the NPC is not in session, without the consent of the Standing Committee of
the NPC. Further, no deputy can be called to legal account for his speeches or vote in
the meetings of the NPC.

Regarding the duties of the Deputies, the Constitution under its Article 76 provides
that “they must play an exemplary role in abiding by the Constitution and the
law and keeping states secrets and, in production and other work and their
public activities, assist in the enforcement of the constitution and the law.”
They are required to maintain close contacts with their electors, listen to their views
and convey to the appropriate organs their opinions and demands. They have the
foremost duty to serve the people. Further, the deputies are under the supervision of
the units which elect them. The electoral units can, through the procedures established
by law, recall their deputies.

Position of the National People’s Congress in China:

The highest organ of the state power

The powers and functions of the National People’s Congress clearly reflects the high
place that the 1982 Constitution of China gives to it as the ‘Highest organ of State
Power’. There is no such thing as separation of powers or functions in China and the
NPC enjoys powers in all spheres of governmental activity.

It is the supreme law-making agency, supreme electoral agency, and the supreme
decision-approving body of the constitutional system. Above all, the NPC has the
responsibility to supervise the implementation of the constitution. It alone can amend
the constitution.

However, in reality the National People’s Congress is not a strong and active organ of
the constitutional system of China. There are several practical limitations on its
working, which make it a weak legislature.

(i) Like every other part of the Chinese political system, the National People’s
Congress is also dominated by the Communist Party of China, particularly by its top
leadership.

(ii) The Standing Committee really exercises the powers of the NPC.

(iii) The unicameral character, the unwieldy size and short and infrequent sessions
make it a weak legislature.

(iv) Lack of opposition makes the meetings of the NPC a dull affair. It merely acts as
a body giving formal approval to the acts and decisions of its Standing Committee.
Thus, the NPC is a powerful body and the highest organ of State power only in theory.
In reality, it is a weak legislature responsible for legalizing the orders and commands
of the Communist Party or to be more true and realistic, the commands of the top
leaders if not ‘the leader’ of the Communist Party.

Powers in Nut shell

legislative, which is known as the National People's
Congress.
Powers of national people's congress
The National People's Congress is the strongest aspect of
the national government of China.

1)Legislative powers
A) Sole legislation
Make, amend, repel laws by simple majority

Make rules for determining the boundaries and functions

of provinces, muncipalies and autonomous region.

2)Judicial powers
Review the laws by itself rather than judiciary
 3)Executive powers
Appointments
It appoints the members of the state council, the
president, and the judges of the Supreme People's Court.
Negotiations
It is also responsible for negotiating between the desires
of the Communist Party of China and the policies of the
national government of China. It also creates and
enforces the dictates of the constitution of China.

Present
1)Introduction to the President:
The offices of the President and the Vice-President of the
People’s Republic of China were abolished by the
Constitution of 1975. Their responsibilities and powers
were transferred to the Chairman of the Standing
Committee.
He was made responsible for the discharge of the
functions of the Head of the State of the Chinese
Republic.

The 1982 Constitution however restores the two offices

and gives to the President of PRC the status of the Head
of the State. Now Hu Jintao has taken over as the
President of the PRC.
2)Qualifications of the President:
The following qualifications have been prescribed for the
office of the President of PRC:

(a) He should be a citizen of China

(b) He must not be of less than 45years of age
(c) He should be a duly eligible and registered voter

3)Method of Election and Tenure of the President:

The President of the PRC is elected by the National
People’s Congress for a term of five years. Any citizen of
China who is above 45 years of age, is a registered voter
and is eligible to seek election, can be elected as the
President of the PRC.

The 1982 Constitution lays down that no person can

serve or remain President for more than two consecutive
terms.

Along with the President, a Vice-President is also

similarly elected by the NPC.

If the office of the President falls vacant, the Vice-

President becomes the President. In case the office of
the Vice-President falls vacant, the National People’s
Congress elects a new Vice- President.

In the event of simultaneous vacation of the two offices,

the Chairman of the Standing Committee becomes the
acting-President and carries out the duties of the Head of
the State until the election of a new President and Vice-
President by the National People’s Congress.

4)Powers and Functions of the President: The

nominal head of State
The President of the People’s Republic of China performs
all the ceremonial functions as the head of the state. He
also performs several other functions which the
Constitution has allocated to him.

Promulgates laws : legislative functions

In pursuance of the decisions and recommendations of

the National People’s Congress, the President of the PRC,
promulgates statutes,

executive functions
1) Appointments
appoints and removes the Premier, Vice- Premiers, State
Councilors, Ministers in charge of Ministries and
Commissions, the Auditor General and the Secretary
General of the State Council.

As Head of the State, the President appoints and recalls

Chinese ambassadors and other diplomatic agents in
foreign countries.

A primary responsibility of the President is to

recommend the name of the person who is to be
appointed as the Premier of China. The National People’s
Congress can appoint the Premier only upon the
recommendation made by the President of the PRC.

2) Receive Foreign ambassadors

He receives the ambassadors of foreign countries in

China. All these functions are performed by him upon the
recommendations of the Standing Committee of the
NPC.
3) Promulgate Treaties or Abrogate treaties
All the treaties concluded by the government with the
foreign countries are ratified by the President. He has the
power to abrogate any treaty if the circumstances so
demand. These functions are again performed by the
President under the advice of the Standing Committee.

Pardon : judicial powers

Upon the recommendations of the Standing Committee

of the NPC, the President confers state medals and titles
of honour on the people as well as grants special pardons
to the criminals.

Miscellaneous powers
Acting on the basis of the decisions of the National
People’s Congress or its Standing Committee, the
President proclaims martial law, a state of war and issues
mobilization orders.
All such orders are issued by the President in accordance
with the decisions of the National People’s Congress or
its Standing Committee.

Facilities to President

In discharging his functions, the President can seek the

assistance of the Vice-President. Article 82 of the
Constitution states that the Vice-President “may exercise
such parts of the functions and powers of the President
as may be deputed by the President.” As such, he can be
assigned any work by the President.

Position of the President:

1) Perform all functions on the nomination by NPC or

standing committee

The office of the President of the Republic is a

ceremonial office. His powers and functions are formal
and ceremonial. He performs all his functions, with a few
exceptions, upon the recommendations of the National
People’s Congress or its Standing Committee. Even the
decisions of the State Council are neither announced nor
implemented in the name of the President.

The 1982-Constitution, while restoring the office of the

President, has not restored to him all the functions which
he used to perform under the 1954-constitution.

For example, he has not been assigned the power to

command the armed forces, he has not been made
Chairman of the National Defence Council, and his power
to convene a meeting of the Supreme State Conference
has been also not restored.

To sum up, we can say that the office of the President of

the People’s Republic of China is a ceremonial ( having
not real power ) office. He acts as the constitutional and
nominal head of the State. However, when this office is
held by a strong party leader, it works as a powerful
office.
On 15 March 2003 Mr. Hu Jintao, the General Secretary
of CPC ( communist party china)  became the Sixth
President of the Peoples Republic of China and for took
place previously held by Ziang Zemin.

This change of guards made the office of the President

more powerful and presently, Chinese political system
revolves around the policies and decisions of president
Hu Jintao.