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Constitutional history of the People's Republic of China

From Wikipedia, the free encyclopedia

The Constitutional history of the People's Republic of China describes the evolution of its Constitutional system. The first Constitution of the People's Republic of China was promulgated in 1954. After two intervening versions enacted in 1975 and 1978, the current Constitution was promulgated in 1982. There were significant differences between each of these versions, and the 1982 Constitution has subsequently been amended several times. In addition, changing Constitutional conventions have led to significant changes in the structure of the Chinese government in the absence of changes in the text of the Constitution.

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Transcription

Hi, I’m John Green, and this is Crash Course World History and today we’re going to return— sadly for the last time on Crash Course— to China. By the way, Stan brought cupcakes. That’s good. I wish I could draw some parallel between this and China, but I got nothing. It’s just delicious. I’ll sure miss you, piece of felt Danica cut out in the shape of China using blue because we felt red would be cliché. Mr. Green, Mr. Green, Mr Green! You don’t get to talk until you shave the mustache, Me From The Past. So the 20th century was pretty big for China because it saw not one but two revolutions. China’s 1911 revolution might be a bigger deal from a world historical perspective than the more famous communist revolution of 1949, but you wouldn’t know it because 1. china’s communism became a really big deal during the cold war, and 2. Mao Zedong, the father of communist China, was really good at self-promotion. Like, you know his famous book of sayings? Pretty much everyone in China just had to own it. And I mean, HAD TO. [makes sense; staff only allowed to read John Green books] [best] [intro music] [intro music] [intro music] [intro music] [intro music] [ever] So as you know doubt recall from past episodes of Crash Course, China lost the Opium wars in the 19th century, resulting in European domination, spheres of influence, et cetera, all of which was deeply embarrassing to the Qing dynasty and led to calls for reform. One strand of reform that called for China to adopt European military technology and education systems was called self strengthening, and it was probably would have been a great idea, considering how well that worked for Japan. But it never happened in China-- well, at least not until recently. Instead, China experienced the disastrous anti-Western Boxer Rebellion of 1900, which helped spur some young liberals, including one named Sun Yat Sen, to plot the overthrow of the dynasty. Oh, it’s already time for the Open Letter... [unscoffingly skids across unscoured set] An open letter to Sun Yat Sen. Oh, but first, let’s see what’s in the secret compartment today. Oh, more champagne poppers? [seriously, more champagne poppers?] Stan, at this point aren’t we sort of belaboring the fact that China invented fireworks? Wow! That is innovation at work right there. We used to not be able to fire off one of these, and now we can fire off six at a time if you count the two secret ones from behind me. [strangest. job. ever.] Dear Sun Yat Sen, you were amazing! I mean the Republic of China calls you the father of the nation, the People’s Republic of China calls you the forerunner of the democratic revolution. You’re the only thing they can agree on. You lived in China, Japan, the United States, you converted to Christianity, you were a doctor, you were the godfather of an important science fiction writer. [not important enough to help "Cordwainer" catch on as a popular baby name, however] But the infuriating thing is that you never actually got much of a chance to rule China, and you would have been great at it. I mean, your three principles of the people, Nationalism, Democracy, and the People’s Livelihood, are three really great principles. I mean the problem, aside from you not living long enough is that you just didn’t have a face for Warhol portraits. [Warhol thought anyone who had $25k had a face for his portraits, but point taken] Huh, it’s too bad. Best wishes, John Green. So the 1911 revolution that led to the end of the Qing started when a bomb accidentally exploded, at which point the revolutionaries were like, “we’re probably going to be outed, so we should just start the uprising now.” The uprising probably would’ve been quelled like many before it except this time the army joined the rebellion, because they wanted to become more modern. The Qing emperor abdicated, and the rebels chose a general, Yuan Shikai, as leader, while Sun Yat Sen was declared president of a provisional republic on Jan 1, 1912. A new government was created with a Senate and a Lower House, and it was supposed to write a new constitution. And after the first elections, Sun Yat Sen’s party, the Guomindang were the largest, but they weren’t the majority. So Sun Yat Sen deferred to Yuan, which turned out to be a huge mistake because he then outlawed the Guomindang party and ruled as dictator. But when Yuan Shikai died in 1916, China’s first non-dynastic government in over 3000 years completely fell apart. Localism reasserted itself with large-scale landlords with small-scale armies ruling all the parts of China that weren’t controlled by foreigners. You might remember this phenomenon from earlier in Chinese history, first during the Warring States period and then again for three hundred years between the end of the Han and the rise of the Sui. So the period in Chinese history between 1912 and 1949 is sometimes called the Chinese Republic, although that gives the government a bit too much credit. The leading group trying to re-form China into a nation state was the Guomindang, but after 1920 the Chinese Communist Party was also in the mix. And for the Guomindang to regain power from those big landlords and reunify China, they needed some help from the CCP. Now if an alliance between Communists and Nationalists sounds like a match made in hell, well, yes. It was. That said, the two did manage to patch things up for a while in the early 1920s, you know, for the sake of the kids. But then Sun Yat Sen died in 1925 and the alliance fell apart in 1927 when Guomindang leader Chaing Kai Shek got mad at the communists for trying to foment socialist revolution, to which the communists were like, “But that’s what we do, man. We’re communists.” Anyway, this turned out to be a bad break up for a bunch of reasons, but mainly because it started a civil war between the Communists and the Nationalists. We’re not going to get into exhausting detail on the civil war but Spoiler alert: the Communists won. But there are a few things to point out: First, even though Mao [pronounced like Maori] emerged victorious, he and the communists were almost wiped out in 1934 except that they made a miraculous and harrowing escape, trekking from southern China to the mountains in the north in what has become famously known as the Long March, a great example of historians missing an opportunity since it could easily have been called the Long Ass March, as it featured donkeys. Second, for much of the time the Gomindang was trying to crush the CCP, significant portions of China were being occupied and/or invaded by Japan. Thirdly, the Communists were just better at fighting the Japanese than the Nationalists were. In spite of the fact that Chiang Kai Shek had extensive support from the U.S. And each time the Nationalists failed against the Japanese, their prestige among their fellow Chinese diminished. It wasn’t helped by Nationalist corruption, or their collecting onerous taxes from Chinese peasants, or stories about Nationalist troops putting on civilian clothes and abandoning the city of Nanking during its awful destruction by the Japanese army in 1937. Meanwhile, the Communists were winning over the peasants in their northwestern enclave by making sure that troops didn’t pillage local land and by giving peasants a greater say in local government. Now, that isn’t to say everything was rosy under Mao’s communist leadership, even at its earliest stages. By the way, That is an actual chalk illustration. Very impressed. [thanks, boss.] In a preview of things to come, in 1942 Mao initiated a “rectification” program. Which basically meant students and intellectuals were sent down into the countryside to give them a taste of what “real China” was like in an effort to re-educate them. We try to be politically neutral here on Crash Course, but we are always opposed to intellectuals doing hard labor. [lolzer] But anyway, within four years of the end of World War II the Communists routed Chiang Kai Shek’s armies and sent them off to Taiwan. and these military victories paved the way for Mao to declare the People’s Republic of China on October 1, 1949. so once in power, Mao and the PRC were faced with the task of creating a new, socialist state. And Mao declared early on that the working class in China would be the leaders of a “people’s democratic dictatorship.” Oh democratic dictatorships. You’re the BEST. It’s all the best parts of democracy, and all the best parts of dictatorship. You get to vote, but there’s only one choice. It takes all the pesky thinking out it. The PRC promised equal rights for women, rent reduction, land redistribution, new heavy industry and lots of freedoms. Including freedoms of “thought, speech, publication, assembly, association, correspondence, person, domicile, moving from one place to another, religious belief, and the freedom to hold processions and demonstrations.” Yeah, NO. Even putting aside the PRC’s failure to protect any of those rights, Mao’s China wasn’t much fun if you were a landlord or even if you were a peasant who’d done well. Land redistribution and reform meant destroying the power of landlords, often violently. But centralizing power and checking individual ambition proved difficult for the government, and it was made harder by China’s involvement in the Korean War, which helped spur the first mass campaign of Mao’s democratic dictatorship. Designed to encourage support for the War, the campaign was called the “Resist America and Aid Korea campaign,” [name's a bit clunky, innit?] and it resulted in almost all foreigners leaving China. A second campaign, against “counterrevolutionaries” was much worse. People suspected of sympathizing with the Guomindang, or anyone insufficiently communist, was subject to humiliation and violence. Between October 1950 and August 1951 28,332 people accused of being spies or counterrevolutionaries were executed in Guandong city alone. A third mass campaign, the “Three Anti Campaign” w as aimed at reforming the Communist party itself. And the final mass campaign, the Five Anti Campaign was an assault on all bourgeois capitalism, which effectively killed private business in China. Very few of the victims of this last campaign actually died, but capitalism was weakened and state control bolstered. OK, let’s go to the Thought Bubble. Mao and the CCP set out to turn China into an industrial powerhouse by following the Soviet model. We haven’t really talked about this, but under the Soviet system, Russia was able to accomplish massive industrialization-- not to mention tens of millions of deaths from starvation-- through centralized planning and collectivization of agriculture, following what were known as Five Year Plans. The Chinese adopted the model of Five Year Plans beginning in 1953 and the first one worked, at least as far as industrialization was concerned. In fact, the plan worked even better than expected, with industry increasing 121% more than projected. In order for this to work though, the peasants had to grow lots of grain and sell it at extremely low prices. This kept inflation in check, and saving was encouraged by the fact that... ...the Five Year Plan didn’t have many consumer goods, so there was nothing to buy. For urban workers, living standards improved and China’s population grew to 646 million. So far, Mao’s plan seemed to be working, but there was no way that China could keep up that growth, especially without some backsliding into capitalism. So Mao came up with a terrible idea called the Great Leap Forward. Mao essentially decided that the nation could be psyched up into more industrial productivity. Among many other bad ideas, he famously ordered that individuals build small steel furnaces in their backyard to increase steel production. This was not a good idea. First off, it didn’t actually increase steel production much. Secondly, it turns out that people making steel in their backyard who know nothing about making steel… Make Bad Steel. But the worst idea was to pay for heavy machinery from the USSR with exported grain. This meant there was less for peasants to eat— and as a result, between 1959 and 1962, 20 million people died, probably half of whom were under the age of 10. Jeez,Thought Bubble, that was sad. And then in happier news came the Cultural Revolution! Just kidding, it sucked. By the middle of the sixties, Mao was afraid that China’s revolution was running out of steam, and he didn’t want China to end up just a bureaucratized police state like, you know, most of the Soviet bloc. and The Cultural Revolution was an attempt to capture the glory days of the revolution and fire up the masses, and what better way to do that than to empower the kids. Frustrated students who were unable find decent, fulfilling jobs jumped at the chance to denounce their teachers, employers, and sometimes even their parents and to tear down tradition, which often meant demolishing buildings and art. The ranks of these “Red Guards” swelled and anyone representing the so-called “four olds” —old culture, old habits, old ideas, and old customs— was subject to humiliation and violence. Intellectuals were again sent to the countryside as they were in 1942; millions were persecuted; and countless historical and religious artifacts were destroyed. But the real aim of the Cultural Revolution was to consolidate Mao’s revolution, and while his image still looms large, it’s hard to say that China these days is a socialist state. Many would argue that Mao’s revolution was extremely short-lived, and that the real change in China happened in 1911. That’s when the Chinese Republic ended 3,000 years of dynastic history and forever broke the cyclical pattern the Chinese had used to understand their past. I mean at least in some senses, those Nationalist revolutionaries literally put an end to history. That sense of living in a truly New World has made many great and terrible things possible for China but the legacy of China’s two revolutions is mixed at best. China, for instance, made most of the camera we use to film this video. And China made most of the computers we use to edit. [i see what you did there, Stanny] But no one in the People’s Republic of China will legally be able to watch this video, because the government blocks YouTube. Thanks for watching. I’ll see you next week. Crash Course is produced and directed by Stan Muller. Our script supervisor is Meredith Danko. Our associate producer is Danica Johnson. The show is written by my high school history teacher Raoul Meyer and myself, and our graphics team is [not Secretly Canadian] Thought Bubble. Last week’s phrase of the week was "Disco Golf Ball." If you want to guess at this week’s phrase of the week or suggest future ones, you can do so in comments, where you can also ask questions about today's videos that will be answered by our team of historians. If you like Crash Course, make sure you’ve subscribed. Thanks for watching, and as we say in my hometown, Don’tForget The easiest time to add insult to injury is when signing somebody's cast.

Background and precedents

Dynastic China adopted a constitutional system oscillating between a feudal distribution of power and a centralistic autocracy. The idea of a constitutional monarchy, and a written constitution, became influential towards the end of the 19th century, inspired immediately in large parts by the precedent of the Meiji Constitution in Japan. The first attempt towards constitutionalism was during the Hundred Days' Reform (1898), but a coup by conservative monarchists loyal to Empress Dowager Cixi ended this effort. The same faction, however, eventually adopted a policy of transitioning towards constitutionalism. However, the first constitutional document was only published in 1908, and the first constitutional document with legal force (the "Nineteen Covenants") was not implemented until 1911, after the eruption of the Xinhai Revolution, which led to the demise of the Qing empire the next year.

The Republic of China established in 1912 was governed by a series of constitutional documents. The "Provisional Covenants" of 1912 established a parliamentary republic, but a series of written and unwritten changes to the constitution in the ensuing years oscillated between semi-presidential, presidential and even (briefly) monarchical systems of government, until the Kuomintang took power in 1928. Both the provisional covenants and later constitutional documents authored by the Kuomintang, purported to reflect Sun Yat-sen's Three Principles of the People and Western norms.[1] The unrecognized proto-state of the Soviet-backed Chinese Soviet Republic adopted its constitution in 1931.[2]

The first formal Constitution was enacted in 1946, when the Kuomintang-controlled government hastily declared an end to the "political tutelage" stage of Sun Yat-sen's three-stage theory of constitutional government amidst internal and external pressures. The Republic of China government progressively lost control of mainland China in the late 1940s to early 1950s, but the Constitution of the Republic of China, with amendments, is still the organic law of the government in Taiwan.

Common Program (1949)

In 1949, the Chinese Civil War was turning decisively in favor of the Chinese Communist Party (CCP). In June, the CCP organized the Chinese People's Political Consultative Conference (CPPCC) to prepare for the establishment of a "New Democracy" regime to replace the Kuomintang-dominated Republic of China government.

The first meeting of the CPPCC opened on 21 September 1949, and was attended by the Communist Party along with eight aligned parties. The first CPPCC served in effect as a constitutional convention. The meeting approved the Common Program, which was effectively an interim Constitution, specifying the structure of the new government, and determining the name and symbols of the new state.[3] It also elected leaders of the new central government, including Mao Zedong as Chairman of the Central People's Government. After the end of the conference, the People's Republic of China was proclaimed on 1 October 1949.

The People's Republic of China functioned for the next five years under the Common Program, with a degree of democracy and inclusion that has never been seen again in Chinese government to the present day. Among the provisions of the Common Program were those guaranteeing protection of private property (Article 3), "uniting" the bourgeoisie (Article 13), and assisting private enterprise (Article 30). The first People's Government, elected in 1949, included a significant number of representatives from parties other than the Communist Party.

1954 Constitution

In accordance with the Common Program, preparations soon began for convening the first National People's Congress and the drafting of the first permanent Constitution of the People's Republic of China. On 24 December 1952, a resolution was moved by Premier Zhou Enlai on behalf of the CCP at the 43rd meeting of the first CPPCC Standing Committee to draft the new, permanent, Constitution. The resolution was passed, and on 13 January 1953, the Central People's Government appointed a thirty-person drafting committee led by Mao Zedong.

The drafting process was dominated by the Communist Party, and was almost exclusively restricted to the Politburo. In March 1954, the draft Constitution was passed to the CPPCC and discussed in a national education campaign in the spring and summer of 1954. On 20 September 1954, exactly five years after the passage of the Common Program, the first meeting of the first National People's Congress unanimously approved the new Constitution. This version has subsequently been called the "1954 Constitution".

The 1954 Constitution included a preamble and 108 articles organised into four chapters. It specified a government structure remarkably similar to the current system. Chapter Two of the 1954 Constitution set up a system of government composed of six structural parts. The highest organ of government was the legislature, the National People's Congress.[1] The executive was composed of the President and the State Council. Sub-national government was to be composed of people's congresses and people's committees of various levels. Autonomous ethnic areas would decide on their forms of government according to the wishes of the "majority of the people" in these areas. Finally, a hierarchy of courts headed by the Supreme People's Court and the Supreme People's Procuratorate (which would investigate crimes by the government) formed the judicial system.[1]

Chapter Three, Fundamental Rights and Duties of Citizens, guaranteed a relatively comprehensive set of human rights, but also imposed the duty to pay taxes, undertake national service, and to obey the law.

Like the subsequent versions of the Constitution, the 1954 Constitution was not entrenched. It could be amended by the National People's Congress (Article 27(1)) by a special two-thirds majority (Article 29) without recourse to a referendum or other such mechanism.

The 1954 Constitution was intended to be a transitional constitution, to be revised after China developed into a socialist economy.[1]

1975 Constitution

However, the Chinese government functioned more or less as envisaged for only a short time. In 1957, the Anti-Rightist Movement marked the beginning of a series of political movements and purges during which the Constitution's protections against Party interference in the judiciary largely failed to be respected.[1] These culminated in the Cultural Revolution (1966-1976), a period in which the normal operation of government virtually ceased. In 1966, President Liu Shaoqi was political denounced, and from 1967 was placed under house arrest. After suffering two years of persecution, Liu died, unreported, in 1969, and the position of President was left unfilled. During this period, most government bodies around the country ceased operation; various levels of people's governments were replaced by Revolutionary Committees. Instead of (formally) by election, power passed via public denunciations and, in many cases, violent clashes.[citation needed]

In 1975, Mao Zedong and his supporters sought to formalize their power through the promulgation of a new Constitution. Under the 1975 Constitution, the office of the President (officially translated as "Chairman" during this period) was abolished, leaving Mao, as the Chairman of the Communist Party, as the sole power center. Formal duties of the President as Head of State were to be performed by the Chairman of the National People's Congress (who was, at the time, Zhu De). The replacement of local government by Revolutionary Committees was also formalized. The Constitution was shorted to 30 articles, and the Fundamental Rights and Duties of Citizens was greatly shortened. Guarantees removed included the rights to property and privacy, freedom from political discrimination, freedom of movement, speech, and artistic freedom, among other human rights. Concurrently, the duty to pay taxes was also removed. The 1975 Constitution also saw a significant shift in tone compared to the 1954 Constitution, and saw the insertion of a significant number of ideological sloganeering provisions, including the claim that the nation was guided by "Marxism-Leninism-Mao Zedong Thought".[1]

1978 Constitution

Mao died in 1976, and the Gang of Four who had dominated Chinese politics were driven out of power by October 1976. The 1978 Constitution was promulgated in March 1978 under the chairmanship of Hua Guofeng. It contained 60 sections organised into four Chapters. In many ways, the 1978 Constitution was a compromise between the interim leadership's desire to consolidate power using Mao's moral authority, while responding to the popular desire to reverse the Maoist extremes of the Cultural Revolution. On the one hand, the new Constitution in many places maintained the ideological tone of the 1975 Constitution, such as in Article 16 ("State officials must diligently study Marxism, Leninism, and Mao Zedong Thought, serve the people whole-heartedly ...") and Article 19 ("The fundamental role of the Armed Forces is: [...] defending against destabilisation and invasion from Socio-Imperialism, Imperialism, and their running dogs"). At the same time, the need for "Socialist democracy" was emphasized (Article 3), and the 1954 system of government was largely restored, including its significant checks on executive power.[1]

1982 Constitution

The 1978 Constitution was again short-lived. In December 1978, at the 3rd Plenary Session of the 11th Central Committee of the Chinese Communist Party began a series of reviews and reforms that confirmed Deng Xiaoping as the new paramount leader of China, with reform-minded leaders supported by Deng filling the top echelon of government. As part of the Deng faction's political reform agenda, a fourth Constitution was promulgated on 4 December 1982. The 1982 Constitution was born in a political environment where the past, including Mao's "errors" and almost all of the Communist Party's policies from 1949, were relatively objectively re-examined, and the country's future, including the pursuit of market economic reforms, was being openly debated. As a result, the 1982 Constitution returned the government structure to broadly that set up in 1954, with the Presidency restored. The Fundamental Rights and Duties of Citizens were greatly expanded, and elevated to Chapter Two, ahead of the provisions for the structure of the government. The 1982 Constitution was subsequently amended in 1988, 1993, 1999, 2004 and 2018, generally modifying the Constitution in accordance with economic and political reforms over that period. The current compilation dates from 11 March 2018.[citation needed]

The system of government set up under the 1982 Constitution has undergone some changes, largely due to the evolution of Constitutional conventions rather than textual amendments. The most significant of these occurred in 1989. As drafted, the 1982 Constitution contemplated that the power of the state would be distributed amongst the General Secretary of the Chinese Communist Party, the Premier of the State Council, and the Chairman of the Central Military Commission. The President, as nominal head of state, would be a symbolic role with little substantive power. Such was the arrangement until 1989. During the 1989 Tiananmen Square protests and massacre, the Chinese leader, Deng Xiaoping, also the Chairman of Central Military Commission, used his formal powers under the Constitution to deploy troops to Beijing in support of the state of emergency declared by the Premier Li Peng, and colluded in the subsequent violent crackdown in Beijing,[4] against the wishes of Zhao Ziyang, the General Secretary of the Communist Party. In a reaction against the conflict between the independent power centers, at the expiration of Deng's term, the new paramount leader, Jiang Zemin, became General Secretary of the Chinese Communist Party, and later took on the position of the Chairman of the Central Military Commission as well.[citation needed]

The Constitution was amended on 11 March 2018.[5][6] It includes an assortment of revisions that further enforce the CCP's control and supremacy, and removing term limits for both the President and Vice President, enabling Xi Jinping to remain president indefinitely.[7] Xi is also the CCP General Secretary, the de facto highest position in CCP ruling China and already without term limit.[8][9]

See also

References

  1. ^ a b c d e f g Cohen, Jerome Alan (December 1978). "China's Changing Constitution". The China Quarterly. 76 (76): 794–841. doi:10.1017/S0305741000049584. S2CID 153288789.
  2. ^ "Constitution of the Chinese Soviet Republic". Fundamental Laws of the Chinese Soviet Republic. HeinOnline world constitutions illustrated. 1934.
  3. ^ http://e-chaupak.net/database/chicon/1949/1949e.pdf[bare URL PDF]
  4. ^ 国务院关于在北京市部分地区实行戒严的命令  (in Chinese) – via Wikisource.
  5. ^ Nectar Gan (2018-03-12). "Xi Jinping cleared to stay on as China's president with just 2 dissenters among 2,964 votes". South China Morning Post. Archived from the original on 2018-10-25. Retrieved 2018-10-25.
  6. ^ Liangyu, ed. (2018-03-11). "China's national legislature adopts constitutional amendment". Xinhuanet. Archived from the original on 2018-10-25. Retrieved 2018-10-25.
  7. ^ Liangyu, ed. (2018-02-25). "CPC proposes change on Chinese president's term in Constitution". Xinhuanet. Archived from the original on 2018-10-25. Retrieved 2018-10-25.
  8. ^ Babones, Salvatore (11 March 2018). "China's Constitutional Amendments Are All About The Party, Not The President". Forbes. Archived from the original on April 7, 2019. Retrieved 18 November 2019.
  9. ^ Buckley, Chris; Meyers, Steven Lee (11 March 2018). "China's Legislature Blesses Xi's Indefinite Rule. It Was 2,958 to 2". The New York Times. Archived from the original on October 26, 2019. Retrieved 14 November 2019.
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