Abstract
Throughout the history of China’s state president system, constitutional provisions on state president have witnessed obvious changes. For example, the state president system was deleted from the 1975 Constitution and 1978 Constitution; the provisions on state president of 1982 Constitution are not identical with those of the 1954 Constitution. Yet, the changes in practice are probably more thought-provoking. While reviewing the history of the state president system, we should make the analysis from two aspects, namely the norms and the facts, but not simply limit ourselves to constitutional norms.
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Notes
- 1.
Chengmei [1], p. 744.
- 2.
Chongde [2], p. 207.
- 3.
Chongde [2]. pp. 206–207.
- 4.
Chongde [2]. p. 25.
- 5.
Chongde [2], p. 208.
- 6.
Selected Works of Mao Zedong (Volume V), People’s Publishing House, 1977 edition, page 491, 486, 482 and 483.
- 7.
From Mao Zedong’s practice of being the President of the People’s Republic of China for 5 years, he exercised the constitutional functions and powers and convened 16 sessions of Supreme State Conference, involving major affairs of national life. The most widely known example was the work policy proposed by Mao Zedong for the elimination of counter-revolutionaries at a Supreme State Conference held on May 12, 1955. The policy was to be vigilant and to eliminate all secret agents; prevent deviations and avoid wronging innocent people. This policy played a guiding role in launching a nationwide political campaign to eliminate counter-revolutionaries. Mao Zedong chaired a Supreme State Conference held on January 25, 1956. The conference discussed the Draft of the National Program of Agriculture Developmentfrom 1956–1959, which was accepted by the National People’s Congress later on and became the charter of our country’s agricultural work. At a Supreme State Conference held on May 2, 1956, Mao Zedong raised to “let a hundred flowers bloom; let a hundred schools of thought contend”, which became the guiding principle for China’s development of scientific technologies and booming of literature and art. Xue Chongde: Constitutional History of the People’s Republic of China (Volume I), Fujian People’s Publishing House, 2005 edition, page 207. Altogether 16 sessions of the Supreme State Conference were held in 5 years, meaning 3 times a year on average, far more than the convocation of the annual NPC. This was not identical with Mao Zedong’s explanation that the Supreme State Conference was rarely convened and only convened for discussing major emergencies while formulating the 1954 Constitution. Major emergencies occurred so frequently, making the Supreme State Conference rather than the National People’s Congress actually become the supreme organ of state power.
- 8.
There were 37 participants at a Supreme State Conference held on February 26, 1957. At the enlarged Supreme State Conference held between February 27 and March 1, 1957, the number of attendees reached more than 1800 representing all sectors (at this conference, Mao Zedong made the well-known report titled On the Correct Handling of Contradictions among the People). Xianzhi and Chongzhi [3], pp. 620–621.
- 9.
Chengmei [1], 743. The Decision of the Standing Committee of the National People’s Congress on Granting Special Amnesty to War Criminals of the Chiang Kai-shek Clique and the Puppet Manchukoku issued on November 19, 1960, stated that the 32nd Session of the Second Standing Committee of the National People’s Congress discussed the suggestions of the State Council for granting special amnesty to truly reformed war criminals of the Chiang Kai-shek Clique and the Puppet Manchukoku and decided to grant special amnesty to war criminals of the Chiang Kai-shek Clique and the Puppet Manchukoku after a certain period of reform.
- 10.
During the period implementing the “dual-head system”, Mao Zedong’s status indeed declined. When Mao Zedong appeared at a Party meeting, the audience habitually rewarded his speech with warm applause (according to official records), but most leaders of the Party turned a deaf ear to what he said. He was honored as the revolutionary leader, but he could no longer determine the direction of the new society. He was no longer at the center of the political power, and his position as the Chairman of the Party was nominal. Mao Zedong used to complain that Deng Xiaoping who was the General Secretary in charge of Party affairs management didn’t come to him at all from 1959 and 1966. [U.S.] Maurice Meisner: Mao’s China and After, translated by Du Pu et al., Sichuan People’s Publishing House, 1989 edition, page 337–338, 339 and 341. By 1960 s, Mao Zedong had found it difficult to be included in the middle-level leadership that seemed to be in the hand of Liu Shaoqi and the Party. In addition, his words could rarely be heard by the masses of the people. Mao Zedong even admitted that he made “a serious mistake” and this “Great Leap Forward” experiment was “too costly”. However, no matter whether the masses of the people knew his self-criticism, the criticisms of him were growing and increasingly bold in the party and state organs. Since 1958, Liu Shaoqi’s powers had increased gradually. By 1962, people’s impression was that he almost helped the economy get back to normal. … During this period, Mao Zedong voluntarily accepted the semi-retired life for two years or longer. [Britain] Clare Hollingworth:Mao and the Men against Him, Henan People’s Publishing House, 1989 edition, page 89, 90. It can be said that the growing power of Liu Shaoqi was directly related to his position as the President of the state (there are other factors). The real power characteristics as the President of the state enabled him to lead the economic work and manage state affairs.
- 11.
At the time of drafting the Constitution in 1954, it is quite clear that only Mao Zedong could fill the post as the President of the state. Chongde [2], p. 206. No one thought about the case when Mao Zedong was not the President. After 1959, Liu Shaoqi started to serve as the President of the state. If we say that the original design of the Supreme State Conference was tailor made, then will the “dress” still fit when the “figure” is changed? The potential and big role of the power to convene the Supreme State Conference might benefit “others” after personnel changes. This was unexpected. “Man proposes God disposes.”
- 12.
When Nixon paid his visit to China and listed a series of specific national, regional and international issues requiring common concerns, Mao Zedong waved his hand and pointed at Zhou Enlai, saying that it is not him but Zhou Enlai who should be talked with. He said that he only talked about philosophical issues. Dunde [4], p. 296.
- 13.
Some foreign scholar noted that the masses’ angry for the Great Leap Forward in 1958 and peer pressure forced Mao Zedong to give up the post of President of the state to Liu Shaoqi in mid-1959 and only maintain the post of the Chairman of the Central Committee of the CPC. [U.S.] Terrill [5], p. 315. Li Rui also agreed that Mao Zedong’s resign from the post was to prepare for rallying forces again. Rui [6], p. 123. This might not completely tally with the facts because Mao Zedong said that he would not serve as the President of the state for another term in the leading up to the convocation of the Eighth Congress of the Chinese Communist Party in 1956. He even said that he would resign from the post as the Chairman of the Party in due time. Zheng [7], p. 345.
- 14.
Article 47 of the 1954 Constitution stipulated that the State Council was the executive organ of the supreme organ of state power.
- 15.
Starting from May 1967, the Central Committee of the CPC issued an instruction on exercising military control or dispatching military representatives to the system affiliated to the State Council. The military control committees have the powers of the Party, the government and the army. In the same year, after the January Storm in Shanghai, revolutionary committees were established across the nation and gradually replaced military control committees. The revolutionary committees had the powers of the Party, the government, the army, legislation and judicature. Lirong [8], pp. 68–69.
- 16.
Article 17 of 1975 Constitution.
- 17.
Clause 2 of Article 15 of 1975 Constitution.
- 18.
Article 18 of 1975 Constitution.
- 19.
Article 26 of 1978 Constitution.
- 20.
Article 22(item 4) of 1978 Constitution.
- 21.
Article 19 of 1978 Constitution.
- 22.
During the period from 1983 to 1988, the President of the state was Li Xiannian and the Party General Secretary was Hu Yaobang (1982–1987) and Zhao Ziyang (after 1987) successively; during the period from 1988 to 1993, the President of the state was Yang Shangkun and the Party General Secretary was Zhao Ziyang (before 1989) and Jiang Zemin (1989–1993).
- 23.
The power structure after the promulgation of the 1982 Constitution was that Hu Yaobang was the Party General Secretary (1982–1987), Zhao Ziyang was the Premier (1982–1987) and Deng Xiaoping was the Chairman of the Central Military Commission (1982–1989). Someone may attribute the defects of the political system in reality to the imbalance among the three. But in fact, this triangle relationship in power was irrational in itself (i.e. the structure under which heads of the Party, government and army were respectively assumed by three different persons easily led to chaos and did no good to stability). But why has it been so difficult to separate the powers of legislation, judicature and administration in China while there had been separation and integration of powers of the Party, government and army. It is thought-provoking.
- 24.
Only Article 27 of the Amendment to the Constitution in 2004 changed the President’s original power from “proclaims martial law” to “proclaims entering of the state of emergency”. The stipulation for the state president to “engage in activities involving State affairs” was added to Article 28 of the Amendment.
- 25.
Bulletin of the NPC Standing Committee, 1997, No. 5, page 617. Quoted in Haikun [9], p. 458.
- 26.
China’s current constitution has no provision on forbidding the state president to concurrently serve as the Chairman of the Central Military Commission. But in practice, these two posts are assumed by the same person, making the powers of head of the state and the top military power be united in the hand of one person. See Dong Chengmei’s Head of State System, published in Comparative Study on Constitution by Li Buyun, China Law Press, 1998 edition, page 748. The author agrees that the powers of the Party, government and army should be united and controlled by one person, but not the practice that top heads of the two state organs are the same person. The author thinks that the Constitution should have clear stipulations on the state presidents’ power of commanding armed forces and serving as Chairman of the Central Military Commission.
- 27.
Guangming Daily, March 1, 2003, Front Page.
- 28.
See footnote 27.
- 29.
As stipulated in Article 82 of the current constitution of China, “The Vice-President of the People’s Republic of China assists the President in his work. The Vice-President of the People’s Republic of China may exercise such parts of the functions and powers of the President as entrusted by the President.” As regards how to assist and in which aspect to assist, a special legislation is needed.
- 30.
Article 67 of the Constitution stipulates that the Standing Committee of the National People’s Congress has the power to annul those administrative regulations, decisions or orders of the State Council that contravene the Constitution or other laws.
References
Dong Chengmei: Head of State System, published in Comparative Study on Constitution by Li Buyun, China Law Press, 1998 edition.
Xu Chongde: Constitutional History of the People’s Republic of China (Volume I), Fujian People’s Publishing House, 2005 edition.
Pang Xianzhi, Jin Chongzhi: Biography of Mao Zedong (Volume I), Central Party Literature Press, 2003 edition.
Chen Dunde: Mao Zedong and Nixon in 1972, Kunming Publishing House, 1988 edition
Ross Terrill: Mao: A Biography, translated by Liu Luxin et al., Henan People’s Publishing House, 1989 edition.
Li Rui: Mao Zedong’s Early Years and Later Years, Guizhou People’s Publishing House, 1982 edition.
Huang Zheng: A Life of Liu Shaoqi, Central Party Literature Press, 2003 edition.
Zhang Lirong: Comparison of Chinese and Foreign Administrative Systems, the Commercial Press, 2002 edition.
Yang Haikun: Chinese Constitutional Law in the New Century (I), China Human Resources Publishing House, 2001.
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Ma, L. (2020). The President as the Head of State: Review and Reflections. In: Li, L., Mo, J., Zhai, G. (eds) Constitutional Development in China, 1982-2012. Research Series on the Chinese Dream and China’s Development Path. Springer, Singapore. https://doi.org/10.1007/978-981-32-9261-1_10
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