In an earlier installment, a modest attempt was made to briefly explain the governance system in the People’s Republic of China. The objective of that piece was for us to gain a handle on governance system in the People’s Republic of China. To discern the difference between the state which is the government and the party– the Chinese Communist Party. And understanding how it operates from Beijing down to the township level is important to understand major policies and relation between the Centre and province.
In most democratic states, there is a clear delineation between the party and the state. But as political scientists have time and again pointed out, the peculiarity and deep entanglement of party and the state when it comes to China. In other words, how the party is deeply entrenched in the affairs of the state or the government. And it is often been pointed out that when such a system is put in place, it strains the institutions that governs the country and could often manifest during periods when the change of guard (so to speak) is taking place. Deng Xiaoping is often credited for institutionalization that explained China’s endurance as a single party state, particularly since the upheaval of Mao’s reign. This has been brought out in sharp relief when Xi Jinping brought constitutional changes to essentially grant himself legal wherewithal to be the head of the Party-state for the foreseeable future.
End of Parallel Governance system?
The bureaucracy in China is separated down to the township level by a parallel party-state structure that mirrors central government. That in theory, it is desirable to have the party separated from the government bureaucracy.
Currently, there are four levels of administration under the central government in China. The first level comprise of 34 provincial-level governments. This includes, 22 provinces (excluding Taiwan), five geographic entities that are referred to as “autonomous regions.” There are four municipalities that report directly to the central government. There are also two special administrative regions, this includes Hong Kong and Macau. The second level comprise of over 300 prefectural-level administrative units. And this is followed by nearly 3000 counties and county-level cities.
China’s National People’s Congress in March this year essentially granted the CCP even more control over the cabinet, which is the government. It is also worthwhile noting that premier’s post session press meeting was arbitrarily cancelled which is a deviation from the established norm for three decades. This is done through the amendment of the State Council Organic Law that was passed by 2,883 delegate votes. There were eight opponents and nine abstained during the closing day of the National People’s Congress.
Li Qiang, who is currently the head of the State Council, nominally oversees China’s 21 government ministries as well as local governments. The amendment to the State Council’s Organic law is first since 1982 and it transfers more power from the state to the party and it has reduced the government to implement CCP’s directives.
Take a look at content of the law that says that the State Council must “resolutely uphold the Party Central Committee’s authority and its centralised and unified leadership” and follow Xi Jinping Thought.
Li Hongzhong, vice chairman of the National People’s Congress Standing Committee, in his speech to the parliament said that the revision is aimed to “deepen reform of party and state institutions” and “fully implement the Constitution”, which was changed in 2018 to reassert the Party’s leadership over everything.
It is not surprising that Party Cells has been introduced to private corporations in China. For instance, in 2002, less than 27 percent of private companies had party cells. In 2018, China’s regulators made establishment of Party cells a requirement for any company to be listed on domestic stock exchanges. Around that time, Party cells within companies began advocating their boards for greater say in corporate governance. Similarly, we are all well aware of the so-called Democratic Management Committees in monastic institutions across Tibet. They all point to the emergence of Party’s increasing role in the state and society in contemporary China.
Translation of the New Organic Law of the State Council of the People’s Republic of China is made available through China Law Translate on 11 March, 2024. The website of the China Law Translate has attributed following link as its source: https://www.gov.cn/yaowen/liebiao/202403/content_6938923.htm
The text of the law is reproduced as it is available on the aforementioned webpage.
- (Adopted at the 5th session of the Fifth National People’s Congress on December 10, 1982 and promulgated for implementation on the same day; revised at the 2nd session of the Fourteenth National People’s Congress on March 11, 2024)
- Article 1: This Law is formulated on the basis of the Constitution to improve the organization and work systems of the State Council and to safeguard and regulate its exercise of functions and powers.
- Article 2: The State Council of the People’s Republic of China, that is, the Central People’s Government, is the executive body of the highest organ of state power and is the highest organ of state administration.
- Article 3: The State Council is to uphold the leadership of the Communist Party of China; follow the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; resolutely uphold the Party Central Committee’s authority and its centralized and unified leadership; resolutely implement the Party Central Committee’s decisions and plans; apply the new development philosophy; adhere to law-based government administration; and correctly perform governmental functions in all respects in accordance with the provisions of the Constitution and laws.
The State Council is to commit to a people-centered approach and serve the people wholeheartedly, uphold and develop whole-process people’s democracy, always maintain close ties to the people, listen to the people’s opinions and suggestions, and work hard to build a law-based government, an innovative government, a clean government, and a service-oriented government to the satisfaction of the people. - Article 4: The State Council is responsible to and reports its work to the National People’s Congress; and when the National People’s Congress is not in session, to the Standing Committee of the National People’s Congress.
The State Council shall consciously accept oversight by the National People’s Congress and its Standing Committee. - Article 5: The State Council consists of the premier, vice-premiers, state councilors, ministers of the various ministries, directors of the various commissions, governor of the People’s Bank of China, auditor-general, and secretary-general.
The State Council practices a system in which the premier assumes overall responsibility. The Premier directs the work of the State Council.
The vice-premiers and state councilors are to assist with the premier’s work and be responsible for the work in their responsible areas according to the division of labor; and are to, when entrusted by the premier, be responsible for the work in other areas or for specific tasks; and are to, according to unified arrangements, engage in foreign affairs activities on the behalf of the State Council. - Article 6: The State Council is to exercise the functions and powers provided for in the Constitution and relevant laws.
- Article 7: The State Council practices a system of plenary meetings and executive meetings of the State Council. Plenary meetings of the State Council are to consist of all members of the State Council. Executive meetings of the State Council are to consist of the premier, vice-premiers, state councilors, and secretary-general. The premier is to convene and preside over plenary meetings and executive meetings of the State Council. Major issues in the State Council’s work must be discussed and decided by an executive meeting or a plenary meeting of the State Council.
- Article 8: The main tasks of plenary meetings of the State Council are discussing and deciding on major matters in the State Council’s work, such as government work reports and plans for national economic and social development, and making arrangements for the State Council’s important work.
The main tasks of executive meetings of the State Council are discussing draft laws, deliberating draft administrative regulations, as well as discussing, deciding on, and circulating important matters in the State Council’s work.
Matters discussed and decided by plenary meetings and executive meetings of the State Council shall be promptly made public, except for those that need to be kept confidential according to law.
The State Council is to convene the premier’s work meetings and special meetings of the State Council as needed. - Article 9: The decisions, orders, and administrative regulations issued by the State Council, the bills it submits to the National People’s Congress or the Standing Committee of the National People’s Congress, and its appointments and removals of personnel, are to be signed by the premier.
- Article 10: Under the premier’s leadership, the secretary-general is responsible for handling the State Council’s day-to-day work.
The State Council is to appoint several deputy secretaries-general to assist with the secretary-general’s work.
The State Council is to establish a general office led by the secretary-general. - Article 11: The establishment, dissolution, or merger of the constituent departments of the State Council, as proposed by the premier, is to be decided by the National People’s Congress; or, when the National People’s Congress is not in session, by the Standing Committee of the National People’s Congress. The National People’s Congress or its Standing Committee is to promulgate the constituent departments of the State Council after they have been determined or adjusted.
- Article 12: Each constituent department of the State Council is to have one minister (director, governor, or auditor-general) and two to four vice-ministers (deputy directors, deputy governors, or deputy auditors-general). A commission may have five to ten members.
Each constituent department of the State Council is to practice a system in which the minister (director, governor, or auditor-general) assumes overall responsibility. The minister (director, governor, or auditor-general) directs the work of his or her department; convenes and presides over executive meetings of the ministry (commission, bank, or office); discusses and decides on major issues in the department’s work; and signs important requests for instructions and reports to be submitted to the State Council as well as the orders and directives to be issued. The vice-ministers (deputy directors, deputy governors, and deputy auditors-general) are to assist with the work of the minister (director, governor, or auditor-general).
The deputy secretaries-general of the State Council, vice-ministers of the various ministries, deputy directors of the various commissions, deputy governors of the People’s Bank of China, and deputy auditors-general are to be appointed or removed by the State Council. - Article 13: The State Council may, according to the needs of its work and the principles of optimization, coordination, efficiency, and simplification, and in accordance with the prescribed procedures, establish a certain number of directly subordinate bodies to take charge of various specialized work, and establish a certain of administrative bodies to assist the premier in handling specialized matters. Each body is to have two or five persons in charge, who are to be appointed or removed by the State Council.
- Article 14: The constituent departments of the State Council shall request instructions from and report to the State Council on the principles, policies, plans, and major administrative measures in their work, which are to be decided by the State Council. In accordance with laws and the State Council’s administrative regulations, decisions, and orders, the competent departments may issue orders and directives within the scope of their respective authorities.
The State Council’s constituent departments and its directly subordinate bodies with administrative management functions, as well as the bodies prescribed by law, may formulate rules within the scope of their respective authorities in accordance with laws and the State Council’s administrative regulations, decisions, and orders. - Article 15: The State Council is to exercise unified leadership over the work of the various levels of local organs of state administration throughout the country.
- Article 16: The State Council is to adhere to sound, democratic, and law-based decision-making, improve the institutions and systems for administrative decision-making, regulate the procedures for major administrative decision-making, strengthen the implementation and evaluation of administrative decision-making, and improve the quality and efficiency of decision-making.
- Article 17: The State Council is to improve the system of administrative oversight; strengthen administrative reconsideration, recording and review, oversight of administrative law enforcement, governmental supervisory inspections, and other such work; adhere to transparency in government affairs; readily submit to oversight by all sides; and strengthen checks on and oversight over the exercise of administrative power.
- Article 18: The constituent members of the State Council shall resolutely uphold the Party Central Committee’s authority and its centralized and unified leadership, obey the Constitution and laws in an exemplary manner, conscientiously discharge their responsibilities, take the lead in opposing pointless formalities and bureaucratism serve the people and stay pragmatic, strictly observe discipline, and demonstrate diligence and integrity.
- Article 19: The constituent departments, directly subordinate bodies, and administrative bodies of the State Council shall perform their respective functions, bear their respective responsibilities, enhance coordination, and closely cooperate with one another to ensure that the Party Central Committee’s and the State Council’s work plans are implemented in all aspects.
- Article 20: This Law takes effect on the date of promulgation.