Political process
Role of the CCP
According to the CCP constitution of 1982, the National Party Congress is the highest decision-making body. Since the Party Congress typically convenes only once in five years, the Central Committee is empowered to act when the Congress is not in session. Further, the Political Bureau can act in the name of the Central Committee when the latter is not in session, and the Standing Committee of the Political Bureau guides the work of the Political Bureau. The Secretariat is charged with the daily work of the Central Committee and the Political Bureau. The general secretary of the party presides over the Secretariat and also is responsible for convening the meetings of the Political Bureau and its Standing Committee. The Secretariat works when necessary through several departments (the department for organization, for example, or the department for propaganda) under the Central Committee.
Until 1982 the CCP had a chairmanship that was unique among ruling communist parties. Mao Zedong held this office until his death in 1976, and Hua Guofeng was chairman until his removal from office in 1981. Hu Yaobang then served as party chairman until the post was abolished in 1982. The decision to redefine the position was part of the effort to reduce the chances of any one leader’s again rising to a position above the party, as Mao had done. China’s government still has a chairmanship, but the office has only limited power and is largely ceremonial.
The division of power among the leading CCP organs and between them and the State Council is constantly shifting. The Standing Committee of the Political Bureau and the Political Bureau as a whole have the authority to decide on any issue they wish to take up. The Secretariat has also at times played an extremely powerful and active role, meeting more frequently than either the Political Bureau or its Standing Committee and making many important decisions on its own authority. Similarly, the State Council has made many important decisions, but its power is always exercised at the pleasure of the CCP leadership.
Since the late 1970s China has taken a number of initiatives to move toward a more institutionalized system in which the office basically determines the power of its incumbent rather than vice versa, as has often been the case. Thus, for example, the CCP and state constitutions adopted in 1982 (and subsequently amended somewhat) for the first time stipulated a number of positions that confer membership status on the Standing Committee of the Political Bureau. These positions are the head of the Party Military Affairs Commission, the general secretary of the CCP, the head of the Central Advisory Committee, and the head of the Central Discipline Commission. In addition, for the first time under the stipulations of the constitution, limits of two consecutive terms were placed on the government offices of premier, vice-premier, and state councillor. There were no similar constitutional restrictions on the tenure of incumbents to top CCP positions.
In theory, the CCP sets major policy directions and broadly supervises the implementation of policy to ensure that its will is not thwarted by the state and military bureaucracies. The CCP also assumes major responsibility for instilling proper values in the populace. The government, according to the theory, is responsible for carrying out CCP policy, making the necessary decisions as matters arise. Of course, this clear division of labour quickly becomes blurred for a number of reasons. For example, only since the late 1970s has a concerted effort been made to appoint different people to the key executive positions in the CCP and the government. Prior to that time, the same individual would head both the CCP committee and the government body in charge of any given area. At the highest levels the premier of the government and the chairman of the party continue to sit on the CCP Political Bureau.
More fundamentally, it is often impossible to clearly separate policy formation and implementation in a huge, complex set of organizations charged with a multiplicity of tasks. The tendency has been for CCP cadres to become increasingly involved in day-to-day operations of the government, until some major initiative was taken by the top national leadership to reverse the trend. While the distinction between the CCP and the government is of considerable significance, therefore, the ruling structure in China can also be viewed from the functional point of view mentioned above. The careers of individual officials may shift among posts in both the CCP and the government, but for most officials all posts are held within one area of concern, such as economics, organization or personnel, security, propaganda, or culture.
Administration
A hierarchy of organization and personnel has been embedded in virtually all CCP and government bodies. Even on the government side, all officials in these personnel departments are members of the CCP, and they follow rules and regulations that are not subject to control by the particular bodies of which they are formally a part. This system has been used to assure higher-level CCP control over the appointments to all key positions in the CCP, government, and other major organizations (enterprises, universities, and so forth).
For much of the period between 1958 and 1978, these personnel departments applied primarily political criteria in making appointments. They systematically discriminated against intellectuals, specialists, and those with any ties or prior experience abroad. From 1978 to 1989, however, official policy was largely the reverse, with ties abroad being valued because of China’s stress on “opening the door” to the international community. A good education became an important asset in promoting careers, while a history of political activism counted for less or could even hinder upward mobility. A partial reversion to pre-1978 criteria was decreed in 1989, followed by periods of shifting between the two policies.
Two important initiatives have been taken to reduce the scope of the personnel bureaucracies. First, during 1984 the leaders of various CCP and government bodies acquired far greater power to appoint their own staffs and to promote from among their staffs on their own initiative. The leaders themselves still must be appointed via the personnel system, but most others are no longer fully subject to those dictates. Second, a free labour market has been encouraged for intellectuals and individuals with specialized skills, a policy that could further reduce the power of the personnel bodies.
Justice
The legal apparatus that existed before the changes made during the Cultural Revolution was resurrected in 1980. The State Council again has a Ministry of Justice, and procuratorial organs and a court system were reestablished. The legal framework for this system was provided through the adoption of various laws and legal codes. One significant difference was that for the first time the law provided that there should be no discrimination among defendants based on their class origin. China also reestablished a system of lawyers.
The actual functioning of this legal apparatus, however, has continued to be adversely affected by a shortage of qualified personnel and by deeply ingrained perspectives that do not accord the law priority over the desires of political leaders. Thus, for example, when the top CCP leadership ordered a severe crackdown on criminal activity in 1983, thousands were arrested and executed without fully meeting the requirements of the newly passed law on criminal procedures. That law was subsequently amended to conform more closely with the actual practices adopted during the crackdown. Subsequently, similar campaigns have been mounted against criminal activity.