PKU3 GOVERNANCE 9 PRC Dual System of Governance
PKU3 GOVERNANCE 9 PRC Dual System of Governance
The PRC Dual Governing System
Introduction:
The dual governing system of the PRC has proved to be an effective way to cope with the extraordinary problems of managing a polity on the massive scale of China. Because it is unusual in the world today, perhaps even unique, it is important to clarify for comparative purposes how the present order came about and how it functions.
Some Westerners may unthinkinglyassume that the Chinese government operates as the power governing the country. But in the Peoples Republic of China, the government is in fact the outward and visible face of the governance system. Behind (and above) the government is the Communist Party of China (CPC). The Party determines policy and oversees appointments at all levels of public service. In effect, there is a “shadow” government that shares some superficial characteristics with the “shadow cabinet” in the UK. In England the “shadow” ministers watch over (and criticize) their official counterparts as part of their role as a “loyal opposition,” but they have no power as such and can only appeal to the people at large when they have criticisms to make. In the Peoples Republic of China, the “shadow” officials are active at all levels of organization. They in fact are in charge, dominating their government counterparts through the dual system of governance.
The following comments are drawn from recent writings by two Chinese political scientists, as translated by Qin Chuan. The English text, except for passages in quotation marks, is not a direct translation of the Chinese text, but a more succinct summary with occasional comments interspersed.
To keep in mind as you read: For the purposes of comparative civilization studies it is important for Chinese students to be aware of these complex arrangements that are central to Chinese governance. What difference would it make for Westerners to know something about this system?
Historical Origins
The Party-State dual governance system originated in Soviet Russia. Vladimir Lenin (Vladimir IlyichUlyanov, 1870–1924) originated the idea that the Communist Party’s task was to provide political leadership rather than actually to govern. Under Josef Stalin (1879–1953), however, power became intensely centralized, to the point of overriding any possibility of a separation between Party and government. The Soviet system, then, became a de facto unitary governing system under the Party.
Commentary:The chief mechanism for maintaining central control was that every major government and military office had a duplicate counterpart in the Party structure. The job of the Party representative was to double-check in advance on any action that might be undertaken by any government official. In case of disagreement between the two, the Party view prevailed, on the grounds that overall effectiveness required a coherent source of policy. This Leninist party structure was designed in partto protect against possible subversion.
[Source: Lu Shigong, Studies on the Contemporary Chinese Party and Government Relation, Shanghai People’s Press, 2001, 88 and 94.]
Brief History in China
“In China, under Dr. Sun Yatsen’s leadership, the Kuomintang government (1911-1949) was the first to copy the dual governing system of the Soviet Union. With the dual functioning of two organizational systems, this was a significant shift from a unitary political control system towarda bilateral one, a milestone changing thousands of years of Chinese political history.”
“In practice, the roles of Party and Government at the central level were basically overlapping, while at the local levelthey were mostly separated. Conflicts between local branches of the KMT and corresponding government bureaus were a constant problem impeding the rule of the KMT.”
[Source: Wang Qisheng, Member, Power and Conflict of Kuo Min Tang, ShanghaiBookstore Press, 2003, 180 and 192.]
“After the establishment of the People’s Republic of China, this dual system from the USSRwas also adopted. Branches of Party and Government were gradually built up both at central and local levels. However, during a considerable period, especially during the ‘cultural revolution’ (1966-1976), the relationship between Party and Government was severely undermined. Premier Zhou Enlai once said that within some administrative branches, Party members tended to interfere directly in some specificissues by bypassing administrative procedures. Zhou considered that such activities were improper and should be strictly forbidden. Some scholars have viewed the distortion of relationship between Party and Government as one of the causes of the ‘cultural revolution’.”
After the 3rd session of the Party’s 11th congress in 1978, Deng Xiaoping and other leaders decided to reform the dual relationship so that the Party would be more discreet and indirect in exercising its control. Commentary: This evolution was part of the reform process which tended to decentralize the governance system nationally.
[Source: Lu Shigong, 2001, as above, 128 and 144.]
I. Contemporary Relations between the CPC (Communist Party of China) and the State
A. The CPC and the Legislative Branch of State Power
The NPC (National People’s Congress)
1. In the formation of the NPC:
“As the legislative branch, the National People’s Congress and its local branches has been set up under the direct leadership of the CPC.The annual central and local legislative meetings, being properly conducted by the Party’s central and local committees, work smoothly.” Commentary: Members are designated for five-year terms and may be reappointed.
2. In the law-making process:
“Legislative proposals, including constitutional amendments and other proposals, either for new legislation or revisions of existing laws and regulations, are directly presented to the People’s Congress and its committees at various levels by corresponding Party committees.Legislative plans and arrangementsproposed by the NPC and local congresses should be reviewed by corresponding Party committees. According to the approved plans, laws and regulations are to be established through the relevant legislative procedures.”
Commentary: In recent years the NPC has resisted rubberstamping legislation proposed to it when controversial issues are involved. The most visible example involves the role of private property within the socialist State. Starting in 1993, draft laws were long debated in the NPC, leading to significant changes to the legislation that became the 2007 Property Law[link: 2007 Property Law].
3. “In decision-making processes concerning very important issues:any change in the country’s political orientation, significant economic and social development policy guidelines, highly influential projects, and the like are decided first by the Party, and then sent to the NPC as proposals, which, through its legitimating procedures, become decisions of the State.”
4. In the staff- and cadre-nominating process:
“According to the nominating criteria required in relevant Party regulations and laws, CPC committees recommend appropriate people to fill the important positions of the government and bring these nominations before the NPC.”. . . “These nominations made by the Party for the State constitute a major organizational safeguard by which the Party exercises its direction of State affairs and maintains its political centrality.”
5. “CPC’s leadership must be stressed during the process of the NPC’sexecution of its supervising role over the State’s executive and judicial branches. Party organizations established within the National Congress and its committees at various levels report regularly to Party committees, and maintain oversight overthe People’s Congress’ supervising tasks during and after the time when these tasks are carried out.”
[Source: Lu Shigong, 2001, as above, 237-240.]
B. The CPC and the Executive Branch
(the State Council and local administrative branches)
The relationship between the Party and the Executive branch is mainly exhibited in the Party’s political, ideological and organizational leadership.
1. Political leadership:
“Thisis mainly leadership in defining political principles, in fixing the nation’s course and direction, and in the making of very important decisions. The Party’s will becomes the State’s will through legislative procedures. Under the guiding influence of exemplarydecisions made through Party organizations and members within the administration, the administrative staff will lawfully execute the Party’s decisions which have already been turned into the State’s will.”
2. Ideological leadership:
“The Party applies Marxist worldview and methodology in order to guide all administrative staff. The Party’s propaganda organ uses ideological build-up, spiritual-civilization construction and propaganda education to educate cadres in how to oppose corruption and interference from out-dated thinking patterns, so as to better serve the people.”
3. Organizational leadership:
“Organizational leadership is accomplished by the CPC at all levels through Party organizations established within every department of the State.”Commentary: In practice, that means that a person or a committee responsible to the Party is active at every level of organization. Though these commonly operate out of public view, their influence is great.
“The CPC and local committees also recommend candidates for administrative leadership positions, who are to be elected by legislative branches.The Organization Department of the Party has particular responsibility for nominations and appointments.”
[Source: Lu Shigong, 2001, as above,261-264.]
C. The CPC and the Judicial Branch
(The People's Court and The People's Procuratorate [Attorney General’s Office])
The way this relationship is designed to work has been described recently as follows by a Chinese political scientist:
1. “The Party should work out guidelines and policies to support the work of judicial bodies and to strengthen the Party’s leadership.”
2. “The Party should educate all citizens to abide by the law, to support and help judicial branches to exclude outside interferences so as to ensure their independent judicial role.”
3. “The Party committees guarantee judicial bodies the independent power to fulfill their legitimate roles by coordinating their relationship with other departments.”
Commentary: If the “independence” of the judicial body is to be enhanced by coordinating its activities with other departments of the State, the result may be greater governing coherence, but at the expense of judicial independence.
4. “Both the Party’s guidance of principles and policies for judicial branches, and the guaranteeing of the latter’s independent role, are to be realized through Party organizations and Party members established within the judiciary.”
[Source: Lu Shigong, 2001, as above, 286-290]
中国党政双元治理体制：简介
历史的视角
“党政双元治理体制起源于前苏联。1922年3月，列宁在给莫洛托夫的信中提出，必须十分明确地划分党和苏维埃政权的职责。党的任务是对所有国家机关的工作人员进行总的领导，不是过分频繁的、不正常的、往往是琐碎的干涉。实际上，’总的领导’就是政治领导。然而斯大林时期，高度集中的集权体制使党政的合理分开成为不可能。斯大林模式实质上是一种党政一体化的集权体制。”
[Source: 鲁士恭著，《当代中国党政关系研究》，上海人民出版社，2001年，第88页。]
首次试验：“孙中山领导下的国民党政府仿照俄共体制，党政两大组织系统双轨并进，这是中国有史以来政治控制体制由单轨制向双轨制的重大转变，可谓中国政治制度史上千年未有之变局。”
“在实践中，国民党中央高层的党政主要角色基本上是相叠的。而在地方，党政人事在多数情况下是分开的。地方党政冲突一直是困扰国民党党治的顽症。”
[Source: 王奇生著，《党员、党权与党争》，上海书店出版社，2003年，第180,192页。]
“新中国成立后也仿照苏联采用了党政双元体制，党政机构逐渐在中央和地方建立起来。然而在很长时期内，特别是文化大革命期间，党政关系遭到了严重损害和破坏。周恩来总理曾经说，某些机关中共产党组织包办代替行政工作，对某些具体事务不通过行政而直接干预，这些现象都是不适当的，应该坚决避免。一些学者亦将党政关系的扭曲归为文化大革命的原因之一。”
“1978年党的十一届三中全会以后，邓小平等党的领导人决心建立健康、顺畅、分工明确的有中国特色社会主义的党政关系。”
[Source:鲁士恭，2001年，第128，144页]
当代中国党政关系
中国共产党与国家权力机关（全国人民代表大会）的关系
在国家权力机关的产生及组成过程中
作为国家权力机关，全国人民代表大会和地方各级人民代表大会都是在中国共产党的直接领导下建立起来的。每年全国人民代表大会和各级人民代表大会都在党中央和各级党委的正确领导下顺利进行。
在立法过程中
党中央和地方党委直接向同级人大及其常委会提出立法建议，如修改宪法或制定、修改法律、法规。经党中央和地方党委审查同意同级人大的立法规划，按立法规划的安排，根据立法程序制定法律、法规。
在决定重大事项的过程中
涉及国家体制的重大变动，国民经济和社会发展规划的重要指标，影响巨大的重要工程项目等，一般都由党先作出决策，然后作为建议，依法经过国家权力机关变成国家的决议或其他国家意志形式。
在选任国家机关工作人员的过程中
党委依照党规党法规定的选拔干部的标准提出向同级国家政权机关推荐重要干部的人选。在被依法确定为候选人后，由国家权力机关依法选、任为各类国家政权机关的组成人员。
党向国家政权机关推荐领导干部，是党实现对国家事务的领导，维护和巩固执政党地位的重要组织保证。
在监督“一府两院”过程中
人大及其常委会在行使监督权的过程中必须坚持党的领导。设在人大及其常委会中的党组织必须向党委请示报告，并在事中事后汇报监督工作。
[Source: 鲁士恭，2001年，第237－240页]
中国共产党与国家行政机关（国务院及地方各级行政部门）的关系
党与国家行政机关的关系，主要是通过党对其实行政治、思想和组织三个方面的领导来体现的：
政治领导
主要是政治原则、政治方向、重大决策的领导。党的主张经过国家权力机关依照法定程序变成国家意志，通过在国家行政机关里的党组织和党员的模范带头作用，带动广大行政机关的工作人员依法贯彻执行变成了国家意志的党的主张。
思想领导
主要是用马克思主义的世界观和方法论指导国家行政机关工作人员。党的宣传机关通过思想政治工作、精神文明建设和宣传教育工作来教育干部抵制腐败与旧思想的干扰，为人民服务。
组织领导
党中央及各级党委通过设在政府机关中的党组织对国务院直至各级人民政府实行组织领导。
党中央及各级党委依法向各级国家行政机关推荐主要领导干部，由国家权力机关依照法定程序进行选任。
党的组织部门是进行组织领导的重要执行机关。
[Source: 鲁士恭，2001年，第261－264页]
中国共产党与国家司法机关（法院、检察院）的关系
党要制定正确的路线、方针、政策，支持司法机关的工作并加强对其领导。
党要教育全体公民严格守法，支持并帮助司法机关排除干扰，依法独立行使职权。
党委通过对司法机关及有关部门之间关系的协调，保证司法机关依法行使职权。
无论是党对司法机关路线、方针、政策的领导，还是保证司法机关独立行使职权，都要通过司法机关的党组织和党员干部来实现。
[Source: 鲁士恭，2001年，第286－290页]
Comparative Overview:
Westerners will recognize here three branches of governance that they are familiar with: the legislative, the executive and the judicial. That familiarity should not, however, lead to easy assumptions that the Chinese dual system is not so different after all. In all these domains –and at all levels from the local to the national –the Party is in control, deciding not only on broad policies but also on who will fill each role within the governing apparatus. In an attempt to limit corruption on a local level, the authorities have in recent years allowed contested village elections that sometimes result in town officials who resist control from above. On the next higher levels of organization, however, the townships and the counties, officials are still designated by the Party, so the margin of maneuver of village officials is limited.
Each position in the governing hierarchies will have a shadowing “twin” in the Party structure.The National People’s Congress as the centerpiece of the legislative process is composed of members approved by the Party. The same is true of all members of the government, the courts, the police, officials at the provincial, county, and township levels,plus institutional committees in enterprises.
The overriding aim is unity of impact.
The following chart prepared by Profs. Mei Renyi and John G Blair.
Commentary:
The bare bones structure of Chinese governance charted here does not give an adequate idea of how the system works to generate and enforce decisions. At the higher levels the same individuals may fill parallel posts in both Party and Government. For example, the two military commissions normally have identical memberships. Such overlaps aim to assure that the Government remains closely synchronized with the Party leadership.
Public support for Party decisions is a constant concern. Leaders work hard to assure voluntary compliance through public campaigns, through youth organizations and schools at all levels and, to a lesser extent, through religious institutions that are state funded and supervised. This effort is supported by frequent references to “social harmony” [link: p 275]. Material motivations are offered by the promise of prosperity that ultimately will raise all standards of living. Nationalism is promoted by symbols of national greatness in highly visible mega-projects like the Three Gorges Dam, the 2008 Beijing Olympics, the 2010 World Expo in Shanghai, or the space program. People perceived as troublemakers, even if prominent lawyers, may be taken to court under laws defining state security in very broad terms [link: 1997 PRC Criminal Code, p 309]. Surveillance of the Internet and other media is a routine part of the governing apparatus. Journalists may get into trouble if their reports anger the authorities. Whenever there are signs that significant discontent might emerge, police action is likely. Police intervene to keep protests local and uncoordinated, though in recent times the large number of mobile telephones tends to weaken their ability to control communications. So far such means have sufficed to sustain the existing power structures but not to bring about an assured stability. Governing China remains a complex and difficult process.
Study questions:
1 The three main governmental categories mentioned here as important to understanding the role of the CPC in the PRC involve branches of governance familiar in the West: executive, legislative, and judicial branches. Comparatively speaking, what is specifically Chinese about the PRC dual system?
2 Compare and contrast the arrangements defined above with the five-part system imagined by Sun Zhongshan early in the 20th century [link: p 297]. What is different in the PRC system and how does it handle the specifically Chinese concerns implicit in his 4th and 5th branches of government [the Examination Branch and the Control (Censorship) Branch]?
Through the end of Chinese text at the top of p 7, excerpted from Western Civilization with Chinese Comparisons, 3rded, (Shanghai:Fudan University Press, 2010), pp 418-23; thereafter updated to 2015 text prepared for the 4th edition.