Isabella Carter
The Constitution of the People's Republic of China, currently in its 1982 iteration, is a written constitution that has been amended five times. However, some scholars argue that China's written constitution is only a small part of a larger unwritten constitution. This unwritten constitution is comprised of four sources: the party's constitution, constitutional conventions, constitutional doctrine, and constitutional statutes. The nature of the Chinese constitution, and its interaction with the unwritten constitution, is a topic of ongoing study and debate.
| Characteristics | Values |
|---|---|
| First Constitution | 1954 |
| Current Constitution | 1982 |
| Previous Constitutions | 1975, 1978 |
| Number of Amendments to Current Constitution | 5 |
| Basis of Constitution | A socialist state under the people's democratic dictatorship |
| Leadership | Chinese Communist Party (CCP) |
| Rights | Freedom of speech, press, assembly, association, procession, and demonstration |
| Type of State | Unitary multi-national |
| Nature of Constitution | Written and unwritten |
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What You'll Learn
China's written constitution
The Constitution of the People's Republic of China is the supreme law of the land and has supreme legal authority. It defines China as "a socialist state under the people's democratic dictatorship," led by the Chinese Communist Party (CCP). The constitution outlines the basic system and tasks of the state, providing a legal framework for broad changes in China's social and economic institutions. It also significantly revised the government structure, re-establishing the posts of President and Vice President, and imposing term limits on key leadership positions.
The 1982 Constitution notably removed all references to the Cultural Revolution and instead emphasised the contributions of CCP Chairman Mao Zedong. It also omitted certain rights that were previously guaranteed, such as the right to strike and the "four big rights": to speak out freely, air views fully, hold great debates, and write big-character posters.
The constitution has been amended to include concepts such as ecological civilization building and to extend the powers of the CCP. The amendments also added explicit mentions of the "Communist Party of China" and its "leadership" in the main body of the text.
The Open Constitution Initiative, an organisation of lawyers and academics, advocated for greater constitutional protections and the rule of law in China. However, they were shut down by the government in 2009.
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Unwritten constitution
An unwritten constitution is a set of customs, values, and traditions that provide the fundamental law of a country or state without a single written document functioning as a constitution. It is based on a nation's history of government and institutional development. Countries like the United Kingdom, New Zealand, and Israel have an uncodified or ‘unwritten’ constitution.
In his 2010 work, "Written and Unwritten Constitutions: A New Approach to the Study of Constitutional Government in China," Jiang Shigong explores four sources of China's unwritten constitution: the party's constitution, constitutional conventions, constitutional doctrine, and constitutional statutes. He argues for taking into account China's unique political tradition and reality to enrich current constitutional scholarship.
The concept of an unwritten constitution in China is further explored in "The Party's Leadership as a Living Constitution in China," a chapter in the book "Constitutions in Authoritarian Regimes." The chapter discusses the penetrating nature of the Chinese Communist Party's (CCP) leadership and its relationship with the congress, state administration, and judiciaries. It raises questions about the division of power among state apparatuses and the meaningfulness of citizens' basic rights as provided in the Constitution.
While China has a written constitution, with the current version declared in 1982, the discussion of an unwritten constitution highlights the dynamic and complex nature of constitutional interpretation and implementation in the country.
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The Party's leadership
The Constitution of the People's Republic of China, first declared in 1954 and currently in force since 1982, establishes the country as "a socialist state governed by a people's democratic dictatorship" led by the Communist Party of China (CPC) or Chinese Communist Party (CCP). The CPC/CCP is the vanguard of the working class, which is based on an alliance of workers and peasants. The Constitution also provides for a renewed and vital role for the Chinese People's Political Consultative Conference, minor political parties, and people's organisations.
The CPC/CCP's leadership is a defining feature of socialism with Chinese characteristics. The Party's constitution, constitutional conventions, constitutional doctrine, and constitutional statutes are all sources of China's unwritten constitution. The Party's main tasks include implementing its lines, principles, and policies; strengthening leadership over Party building within its danwei; exercising strict Party self-governance; making decisions on significant matters; managing officials; admitting new Party members; disciplining Party members; encouraging non-Party officials and the people to fulfil their tasks; and leading the work of Party organisations.
The CPC/CCP's leadership has evolved over time, transforming from a veteran revolutionary leadership to a political elite selected based on institutionalised norms, educational background, and technical expertise. The Party's leadership has also been marked by anti-corruption campaigns and the centralisation of powers in the office of the CCP general secretary. The CPC/CCP has added various ideologies to its constitution over the years, including Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.
The CPC/CCP also leads the Communist Youth League of China, a people's group organisation of forward-thinking young people that serves as a school for them to learn about socialism and communism. The Party must adapt to changing circumstances, improve its leadership system and style, and strengthen its capacity for governance. It must also cooperate closely with people outside the Party to build socialism with Chinese characteristics. The Party's basic principles of democratic centralism include individual Party members and lower-level organisations deferring to higher-level Party organisations and the National Congress and the Central Committee of the Party.
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Relationship between the Chinese Communist Party and the National People's Congress
The Chinese Communist Party (CCP) is the founding and ruling political party of modern China, officially known as the People's Republic of China. The CCP has maintained a political monopoly since Mao Zedong founded the People's Republic in 1949. The National People's Congress (NPC), on the other hand, is China's legislature. It is structured as a unicameral body with the power to amend the Constitution, legislate, oversee the operations of the government, and elect the major officers of several key institutions. The NPC works under the leadership of the CCP and is often characterised as a rubber-stamp body.
The CCP and the NPC have a complex and interconnected relationship. The NPC includes senior officials from across Chinese politics, including members of the CCP. The NPC meets in full session for approximately two weeks each year, usually in the spring, to vote on important legislation and personnel assignments. These sessions typically coincide with the meetings of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), a consultative body with members from various social groups.
The CCP, on the other hand, holds its National Congress every five years to set major policies and select top leaders. The National Congress is the highest body within the CCP and has been pivotal in leadership changes, gaining international media attention. It is during these congresses that the CCP introduces any revisions to its party constitution and sets the party's principal agenda across all policy sectors. The CCP's National Congress is a gathering that defines China's political leadership and sets the tone for its relationship with the rest of the world.
While the CCP maintains overall control and sets the broad policy direction, the NPC plays a crucial role in implementing and overseeing the government's operations. The NPC's power to amend the Constitution and elect major officers gives it significant influence in shaping the country's legal framework and leadership. However, it is important to note that the CCP controls the nomination and election processes at every level in the people's congress system, including the NPC. This highlights the CCP's dominance in the political landscape of China.
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The 1982 Constitution
The Constitution of the People's Republic of China is the supreme law of the People's Republic of China. The current 1982 Constitution is the fourth constitution in the PRC's history, superseding the 1954, 1975, and 1978 versions. The 1982 Constitution has been amended five times.
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Frequently asked questions
Yes, China has a written constitution. The first Constitution of the People's Republic of China was declared in 1954. The current Constitution was declared in 1982, after two intervening versions enacted in 1975 and 1978.
The Chinese Constitution describes China as "a socialist state under the people's democratic dictatorship", led by the Chinese Communist Party (CCP). It also provides for a renewed and vital role for the Chinese People's Political Consultative Conference, minor political parties, and people's organizations. The 1982 Constitution also proclaims that "citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession, and of demonstration."
While China does have a written constitution, some sources suggest that it is only a small part of a larger unwritten constitution. The unwritten constitution is said to include the party's constitution, constitutional conventions, constitutional doctrine, and constitutional statutes.
Yes, the Chinese Constitution can be amended. The 1982 Constitution has been amended five times since its enactment.
