Constitution of China in the context of "Xi Jinping Thought"

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⭐ Core Definition: Constitution of China

The Constitution of the People's Republic of China is a communist state constitution and the supreme law of the People's Republic of China (PRC). In September 1949, the first plenary session of the Chinese People's Political Consultative Conference adopted the Common Program, which acted as the temporary constitution after the PRC's foundation. On September 20, 1954, the first constitution was adopted by the first session of the 1st National People's Congress. The constitution went through two major revisions in 1975 and 1978. The current constitution was adopted by the 5th National People's Congress on December 4, 1982, with five subsequent revisions.

The current constitution consists of 4 chapters and 143 articles. It explains the nature of the People's Republic of China, highlights the concept of democratic centralism, and states that the People's Republic of China is a "socialist state governed by a people's democratic dictatorship that is led by the working class and based on an alliance of workers and peasants". It stipulates the central and local state institutions work under the system of people's congress, and states that China implements basic political systems such as the system of community-level self-governance and the regional ethnic autonomy system. The constitution also lists its basic national policies and establishes the leadership of the Chinese Communist Party (CCP).

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In this Dossier

Constitution of China in the context of Special administrative regions of China

The special administrative regions (SAR) of the People's Republic of China are one of four types of province-level divisions of the People's Republic of China directly under the control of its Central People's Government (State Council). As a region, they possess the highest degree of autonomy from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the National People's Congress and its Standing Committee remain capable of enforcing laws for the special administrative regions.

The legal basis for the establishment of SARs, unlike the other administrative divisions of China, is provided for by Article 31, rather than Article 30, of the Constitution of China of 1982. Article 31 reads: "The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions".

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Constitution of China in the context of Administrative divisions of China

The administrative divisions of China have consisted of several levels since 1412, due to mainland China's large population and geographical area. In the People's Republic of China, the constitution provides for three levels of government. However in practice, there are five levels of local government; the provincial (province, autonomous region, municipality, and special administrative region), prefecture, county, township, and village.

Since the 17th century, provincial boundaries in mainland China have remained largely static. Major changes since then have been the reorganization of provinces in the northeast after the establishment of the People's Republic of China in 1949 and the formation of autonomous regions, based on Soviet ethnic policies. The provinces serve an important cultural role in China, as people tend to identify with their native province.

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Constitution of China in the context of One country, two systems

"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau.

Deng Xiaoping developed the one country, two systems concept. This constitutional principle was formulated in the early 1980s during negotiations over Hong Kong between China and the United Kingdom. It provided that there would be only one China, but that each region would retain its own economic and administrative system. Under the principle, each of the two regions could continue to have its own governmental system, legal, economic and financial affairs, including trade relations with foreign countries, all of which are independent from those of the mainland. The PRC has also proposed to apply the principle in the unification it aims for with Taiwan.

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Constitution of China in the context of Reform and opening up

Reform and opening-up (Chinese: 改革开放; pinyin: Gǎigé kāifàng), also known as the Chinese economic reform or Chinese economic miracle, refers to a variety of economic reforms in the People's Republic of China (PRC) that began in the late 20th century, after Mao Zedong's death in 1976.

Guided by Deng Xiaoping, who is often credited as the "General Architect", the reforms were launched by the ruling Chinese Communist Party (CCP) on December 18, 1978 at the third plenary session of the 11th CCP Central Committee, during the Boluan Fanzheng period. In 1979, Deng launched the Four Modernizations, aiming to modernize China's economy. A parallel set of political reforms were launched by Deng and his allies in the 1980s, but ended with the 1989 Tiananmen Square protests and massacre, halting further political liberalization. The economic reforms were revived after Deng Xiaoping's southern tour in 1992. Reform and opening up gradually became the main component of socialism with Chinese characteristics, constituting Deng Xiaoping Theory, and was incorporated into the CCP Constitution in 1997 and written into the Constitution of China in 1999.

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Constitution of China in the context of Chairman of the Standing Committee of the National People's Congress

The chairman of the Standing Committee of the National People's Congress is the presiding officer of the Standing Committee of the National People's Congress (NPCSC), which is the permanent body of the National People's Congress (NPC), the national legislature of China.

The chairman is formally nominated by the Presidium of the NPC during a session and approved by the delegations of the NPC, though in reality is chosen within the ruling Chinese Communist Party (CCP). The chairman presides over the work of the NPCSC and convenes and presides over its meetings. The chairman is assisted by the vice chairpersons and secretary-general of the NPCSC, who together makeup the Council of Chairpersons. A vice chairperson may be delegated to exercise some of the chairman's powers by the chairman. In the case that the chairman becomes incapacitated, NPCSC temporarily elects one of the vice chairpersons until the chairman is able to resume their work or a new chairman is elected by the NPC. The position holds reserve constitutional powers under the 1982 revision of the Constitution of the People's Republic of China. As stipulated in Article 84 of the Constitution, should both the president and vice president become incapacitated, and the National People's Congress is unable to elect a timely replacement, the chairman of the NPCSC will act as president. The chairman leads the Leading Party Members Group of the NPCSC, which is responsible for the implementation of CCP Central Committee policies in the NPCSC.

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Constitution of China in the context of President of China

The president of China, officially the president of the People's Republic of China, is the state representative of the People's Republic of China. On its own, it is a ceremonial office and has no real power in China's political system, though since 1993, the post has been concurrently held by the general secretary of the Chinese Communist Party (CCP) and chairman of the Central Military Commission, who is China's de facto top leader. While the office has many of the characteristics of a head of state, the Constitution of China does not define it as such. The Chinese president was the third to fifth highest-ranking position when it was re-established in 1982.

The presidency is a part of the system of people's congress based on the principle of unified power in which the National People's Congress (NPC) functions as the only branch of government and as the highest state organ of power. The presidency is a state organ of the NPC and equivalent to, for instance, the State Council and the National Supervisory Commission, rather than a political office, unlike the premier of the State Council. Together with the NPC Standing Committee, the presidency performs certain functions performed by a head of state in most other countries. The president can engage in state affairs with the consent of the NPC Standing Committee. While the presidency is not a powerful organ in itself, since 27 March 1993, the president has concurrently served as general secretary of the Central Committee of the Chinese Communist Party (CCP) and chairman of the Central Military Commission (CMC), making the incumbent China's paramount leader and supreme commander of the armed forces.

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Constitution of China in the context of Chairman of the Central Military Commission (China)

The Chairman of the Central Military Commission is the head of the Central Military Commission (CMC) and the commander-in-chief of the People's Liberation Army (PLA), the People's Armed Police (PAP) and the Militia. The officeholder is additionally vested with the command authority over China's nuclear arsenals.

There are technically two offices with the same name, including the chairman of the Chinese Communist Party (CCP) CMC and chairman of the People's Republic of China (PRC) CMC. However, under the arrangement of "one institution with two names", they function as one office. The officeholder is usually the CCP general secretary; this grants significant political power as the only member of the Politburo Standing Committee with direct responsibilities for the armed forces. According to both the CCP constitution and the state constitution, the chairman assumes overall responsibility over the work of the CMC. Per the chairman responsibility system, all significant issues in national defense and Army building are planned and decided by the CMC chairman, who holds the final deciding vote on major military decisions and oversees the CMC's and the military's leadership and operations. The office confers military ranks, though regulations stipulate that no military rank shall be conferred on the chairman themselves.

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Constitution of China in the context of Succession of power in China

The succession of power in China since 1949 takes place in the context of a one-party state under the Chinese Communist Party (CCP). Despite the guarantee of universal franchise in the constitution, the appointment of the General Secretary of the Chinese Communist Party (paramount leader) lies largely in the hands of his predecessor and the powerful factions that control the Central Committee of the CCP.

The appointment of the top leader occurred after two five year terms in accordance with the Constitution of the People's Republic of China from 1982 to 2018. This was changed to unlimited terms during the first plenary session of the 13th National People's Congress in March 2018.

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