Constitutionalism in China: Changing Dynamics in Legal and Political Debates
May 02, 2004 | BY
clpstaff &clp articles &The March 2004 meeting of the National People's Congress ushered in landmark changes to the PRC Constitution. A look into the constitutional amendments and the new protections of private property.
By Arjun Subrahmanyan
In March 2003, a new generation of state leaders was promoted in the PRC at the first session of the 10th National People's Congress. Hu Jintao became president, and Wen Jiabao became premier. In the months after his elevation to president, Hu on several occasions made public comments about the desirability of China moving more strongly to embrace rule of law practices, supporting the rights of ordinary citizens that are guaranteed under the law, and initiating a more thoroughgoing decentralization of political decision-making to meet the challenges facing the country's rapidly changing economy.
The perceived progressivism of Hu and other new leaders led international observers to pin their hopes for reform on such younger party members who grew up in the reform period that began with Deng Xiaoping's reforms of 1978. To optimists, it seemed that China might be preparing to liberalize its political structure to an unprecedented degree, which would drive the emergence of a new China.
As the Chinese economy continues steaming ahead, a greater share of the growth is coming thanks to foreign-invested enterprises and the country's rising class of private entrepreneurs, who in their willingness to take risks and set up their own businesses across a range of industries have ushered in a period of far-reaching changes in China's economic landscape. By some accounts, private businesses account for as much as two-thirds of all economic activity in China. Additionally, the growth of the private economy and the reform programme generally has radically changed the communist party's role in society.
In a fast-changing economic environment, China has been modernizing on all fronts. There has been a flood of legislation at every level of administration that has steadily deepened legal reforms and the institutionalization of a legal culture in China that first began in the late 1970s.1 In the constitutional sphere, in March 2004 the National People's Congress (the NPC) introduced high-profile changes to the 1982 PRC Constitution that have enshrined the protection of private property as citizens' rights guaranteed under law.
But why have such amendments been introduced now and what do they indicate with respect to legal reform in a rapidly changing China? And how should the amendments be evaluated in the context of the changing role of the Communist Party of China (CPC) and constitutional dynamics in China?
One way to approach these questions is to look at some conceptions of legitimacy in Chinese politics, socialism's view of the role of law in society, and China's constitutional experiences.
Chinese Politics: Culture and Change
Arguably, the first question in seeking answers to questions on China's constitutional development is does the CPC seek political legitimacy among its citizens? The logical assumption is that it does
This premium content is reserved for
China Law & Practice Subscribers.
A Premium Subscription Provides:
- A database of over 3,000 essential documents including key PRC legislation translated into English
- A choice of newsletters to alert you to changes affecting your business including sector specific updates
- Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
Already a subscriber? Log In Now