Establishing the Rule of Law

Communist party-state guardianship –party represents the “historical best interests” of the people –CCP’s “people’s democratic dictatorship” allows no organized opposition to party leadership hierarchy of party organizations –“democratic centralism” –consultation and implementation

Communist party-state Organizational design of political system –borrowed from Leninist party-state of the FSU –principles of guardianship and hierarchy –Mao added the idea of the “mass line” in ’40s political reforms after the Maoist era –ideology became much less prominent and coherent –no fundamental systematic change

Village

CCP General Secretary Jiang Zemin ( ) Hu Jintao ( )

Politburo Standing Committee Each heads party work in one area –organization and personnel –propaganda and education –finance and economy –political and legal affairs –foreign affairs –etc.

PRC Head of State President Jiang Zemin ( ) –also then CCP General Secretary Hu Jintao ( ) –also current CCP General Secretary

Central Government Premier: Wen Jiabao ( ) State Council 29 Ministries and Commissions –Ministry of Foreign Affairs –Ministry of National Defense –State Development & Reform Commission –People’s Bank of China –etc.

National People’s Congress According to the constitution, the highest organization of state authority NPC Standing Committee –the permanent body of NPC exercises all but the most formal powers of the NPC 8 Special Committees –legislative affairs, nationalities, agriculture & rural, foreign affairs, etc.

National People’s Congress NPC plenary sessions –meet annually in Beijing –for about 2 weeks the nearly 3,000 deputies are elected –for 5-year terms –by provincial-level people’s congresses

Constitutional Amendments 1999 –“rule of law” 2004: –private property right –human rights

China’s Judicial System

Instrumentalism Mao Zedong era (1949 – 1976) –law as a “tool of the proletariat dictatorship” Reform era ( present) –economic development and Party legitimacy –social order and stability –rule by law –political-legal system of the Party –the principle of “flexibility”

Democracy Movements 1978 – 1979 –“Democracy Wall” movement 1988 – 1989 –Tian’anmen 1998 – 1999 –“China Democracy Party”

Fa Lun Gong

Falun Dafa Falun –“high-power material that turns 24 hours a day” “Truthfulness” “Benevolence” “Forbearance” –“use all kinds of means to eradicate evil” organization