China’s Communist Party Absorbs More of the State

China’s Communist Party Absorbs More of the State

March 23, 2018
China’s Communist Party Absorbs More of the State
In March 2018, China’s national legislature, the National
usual two terms. Xi’s second term in his Party posts is
People’s Congress (NPC), approved amendments to
scheduled to end in 2022, and his second term as president
China’s state constitution, including the elimination of term
is scheduled to end in March 2023.
limits for the positions of President and Vice President. The
NPC also supported the creation of a new anti-graft agency,
Many analysts warn that by undermining China’s efforts to
approved a reorganization of government agencies,
create norms around the orderly transfer of power, the
installed a new lineup of state and NPC leaders, and
removal of term limits could increase the risk of a future
endorsed economic and other targets. On March 21, 2018,
destabilizing succession crisis in the world’s second-largest
immediately after the NPC session closed, the Communist
economy. Some U.S. observers have expressed cautious
Party released a document outlining a broad re-organization
hope that with the prospect of staying in power indefinitely,
of large parts of China’s political system, including the
President Xi may feel he has a freer hand to pursue needed
Party. The events served to strengthen the position of
economic reforms. Others have expressed concern that Xi
Communist Party General Secretary and State President Xi
could pursue an even more assertive foreign policy.
Jinping, to expand the Communist Party of China’s already
dominant role in China’s political life, and to give the Party
Strengthening the Constitutional Basis for
more tools to pursue its nationalist agenda. This In Focus
Communist Party Rule
report summarizes some of these developments.
The Party’s leadership role was previously not mentioned in
any of the articles of the constitution, although it was
Constitutional Amendments
referenced five times in the preamble, creating ambiguity
The People’s Republic of China (PRC) Constitution,
about the legal basis for the Party’s powers. Article 1 of the
adopted in 1982, co-exists with the Communist Party’s
constitution states that, “The socialist system is the basic
Charter, also known as the Party Constitution. The March
system of the People’s Republic of China.” A 2018
2018 amendments to the PRC Constitution—which passed
amendment added a follow-up sentence: “The defining
the NPC by a vote 2,958 to 2, with 3 abstentions—mark the
feature of socialism with Chinese characteristics is the
fifth time China’s parliament has amended the constitution.
leadership of the Communist Party of China.”
Key March 2018 amendments are discussed below.
Putting Xi on a Par with Mao and Deng
Eliminating Term-Limits for President
Another 2018 amendment added to the constitution’s
Article 79 of the constitution had previously stated that the
preamble a reference to “Xi Jinping Thought on Socialism
PRC President and Vice President “shall serve no more
with Chinese Characteristics for a New Era.” That change
than two consecutive terms.” A 2018 amendment removed
appeared to put Xi’s guiding philosophy on a par with the
those words. An NPC spokesperson said the change
philosophies of two powerful predecessors: “Mao Zedong
“benefits the strengthening and perfecting of the national
Thought” and “Deng Xiaoping Theory.” The same
leadership system.”
amendment also added a mention of the governing
philosophy of Xi’s immediate predecessor, Hu Jintao, but
Under the current leadership system, China’s leader
without Hu’s name attached to it.
simultaneously holds all three of the country’s top
positions: Communist Party General Secretary, Party
New Anti-Graft Agency
Central Military Commission Chairman, and State
Multiple additional 2018 amendments to the constitution
President. The Party charter does not set term limits for the
provide a constitutional basis for a new anti-graft agency,
first two positions, so defenders of the amendment argue
the State Supervision Commission. A new Supervision Law
that the state constitution should not set term limits for the
of the PRC adopted at the NPC session spells out the
third, the position of state president. Even without term
commission’s mission, organization, and powers. The
limits for the top Party positions, however, the norm since
Party’s existing Central Discipline Inspection Commission
2002 has been for the Party General Secretary to retire after
(CDIC) has broad powers to investigate China’s 89.5
two full five-year terms in office. Then-General Secretary
million Communist Party members. The new State
Jiang Zemin established the norm by stepping down in
Supervision Commission, headed by the second ranking
2002 (although he retained chairmanship of the Party
official in the Party CDIC, is intended to extend the Party’s
Central Military Commission for an additional two years).
graft-fighting to “all public employees who exercise public
Then-General Secretary Hu Jintao reinforced the norm
power,” even if they are not Communist Party members.
when he handed off both of his Party posts to Xi in 2012.
The scope of those covered includes not only officials in
such bodies as Party and government agencies, the courts,
By pushing for the elimination of term limits for the
and national and local legislatures, but also administrators
presidency, President Xi, 64, may be signaling his intention
in “public education, scientific research, culture, health
to stay in all three of his powerful positions beyond the
care, sports, and other such units.” The commission is
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China’s Communist Party Absorbs More of the State
empowered, among other things, to interrogate and detain
The restructuring of the People’s Armed Police (PAP) is a
suspects, impose travel bans, freeze assets, conduct
continuation of a 2017 reform putting the PAP under the
searches, seize property, and employ “technical
sole command of the Party’s Central Military Commission
investigative measures,” all before turning cases over to the
(CMC), the body that commands China’s armed forces. The
regular justice system. Human rights groups have raised
PAP had previously reported to both the CMC and, through
concerns about the implications of the commission’s work
the Ministry of Public Security, to the State Council. Under
for fair trial protections.
the new restructuring plan, the PAP is to shed civilian
functions, such as firefighting, and take over administration
Political System Reorganization
of the China Coast Guard, making the coast guard part of
The Party’s document on the reorganization of the political
the military chain of command for the first time.
system, released March 21, 2018, outlines plans that affect
the Party, the NPC, the government, a political advisory
Multiple state ministries, commissions and administrations
body known as the Chinese People’s Political Consultative
are to be dismantled, and seven new ministries and
Conference (CPPCC), specialized law enforcement teams,
commissions formed. Four ministry-level departments will
the Coast Guard, and a paramilitary force, the People’s
absorb offices or responsibilities from others. The plan also
Armed Police. National-level entities are required to
calls for the establishment of eight new agencies, including
implement the plan by the end of 2018. The wide scope of
a State International Development Cooperation Agency.
the planned changes could slow political decisionmaking in
China at a time of heightened friction with the United States
Personnel Shifts
over such issues as trade and Taiwan.
The Communist Party unveiled a new leadership line-up at
its 19th Congress in October 2017. At the March 2018 NPC
Significant elements of the restructuring appear to be
session and at a parallel session of the political advisory
intended to strengthen Party control at the expense of
body, the CPPCC, five of the seven top Party leaders
China’s cabinet, the State Council. During the early decades
acquired concurrent posts heading other parts of the
of Communist rule, the Party and the State operated as one
political system. The Party’s No. 2 official, Li Keqiang,
under a slogan trumpeting “the Party’s absolute and unified
was appointed to a second term as Premier of the State
leadership.” In the late 1970s, the Communist Party began
Council. The Party’s No. 3 official, Li Zhanshu, is the new
moves to separate Party and government functions,
NPC chairman. The Party’s No. 4 official, Wang Yang, is
authorizing the State Council and “people’s governments”
the new head of the CPPCC. As expected, NPC deputies re-
at lower levels to manage the day-to-day administration of
elected Xi to a second term as State President. He was the
the country. The restructuring appears to signal an intention
only candidate and the vote was unanimous, 2,970 to 0,
to restore the Party to direct management of many
with no abstentions. State media coverage of Xi’s re-
portfolios.
election referred to him by such monikers as “the state’s
helmsman” and “the people’s guide.” NPC delegates also
The Party’s plan for its own reorganization includes
elected a close Xi ally, Wang Qishan, 69, to the post of
transforming four Party “leading groups,” powerful but
Vice President. The constitution spells out few duties for
low-profile coordinating committees, into full-fledged Party
either position. The Vice President may reportedly be
commissions to lead policy in their respective areas:
tasked with managing U.S.-China relations.
“comprehensively deepening reform,” cybersecurity and
“informatization,” financial and economic affairs, and
In the State Council, four Vice Premiers, all new to the job,
foreign affairs. The Party’s Central Leading Group for
include a close Xi ally, Liu He, who is expected to take on a
Safeguarding Maritime Rights and Interests, which has
broad economic portfolio, including finance. The five State
coordinated China’s policy in the East and South China
Councilors, who sit one level below Vice Premiers on the
Seas, is to be folded into the new foreign affairs
State Council organization chart, are also all new. They
commission. Reflecting the Party’s emphasis on
include Wang Yi, the first sitting Foreign Minister to serve
strengthening “political discipline” within the education
concurrently as a State Councilor. The Foreign Ministry
sector, the Party is creating a new Central Leading Group
will lose power to the Party, however, with the creation of
for Educational Affairs.
the Party’s new foreign affairs commission.
The Party announced that its Propaganda Department will
Xi Jinping’s Closing Speech to NPC
take over direct management of the news media, publishing,
Speaking at the end of the NPC session, President Xi said
and the film industry. The State Council is to continue
that after nearly seven decades of Party rule, China “has
administering three broadcasters, China Central Television,
been growing vigorously, and with an entirely new posture,
China National Radio, and China Radio International. They
it now stands tall and firm in the East.” The Party, he said,
are to be merged into a single entity, to be known externally
is “the fundamental guarantee of the great rejuvenation of
as the “Voice of China.” In addition, the Party’s United
the Chinese nation.” Repeating language from his report to
Front Work Department is to absorb three previous State
last year’s 19th Party Congress, he reminded deputies that,
Council bodies: the State Ethnic Affairs Commission, the
“The Party exercises overall leadership over all areas of
State Administration for Religious Affairs, and the
endeavor in every part of the country.”
Overseas Chinese Affairs Office of the State Council. The
latter restructuring removes the State from decisionmaking
Susan V. Lawrence, Specialist in Asian Affairs
on religious groups, minority groups such as Tibetans and
Uyghurs, and the Chinese diaspora.
IF10854
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China’s Communist Party Absorbs More of the State

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