Page 139 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes The replacement of the Constitution of 1975 by a new one became a natural event after the death
of Mao Tse-tung (Zedong) in Sept., 1976. The new regime under Hua Kuo-feng announced the
revision of the Constitutions of the Communist Party and of the State as early as possible. It was
officially declared that the new regime wanted to adopt a new constitution in order to make it
more attuned to the economic and military modernisation which is the prime goal of leadership
while possibly restoring a limited measure of liberalism in the treatment of diverse social groups
and opinions’. It desired to pursue the policy of reverting to academic standards in education,
introducing profit incentives for industrial workers and playing down the idea of ‘class struggle’
which created so much disturbance over the last ten years.
A brief survey of this Constitution shows that it presented a blend of the original provisions of the
first formal constitution promulgated in 1954 and social and political development since then. It
largely wrote off the ‘radical’ reforms of the era of the Cultural Revolution (1966-68).

When the fourth constitutions of China was accepted?

Salient Features of the New Constitution
The new Constitution has four chapters. Chapter 1 contains a long list of ‘General Principles’.
Chapter II incorporates a comprehensive list of Fundamental Rights and Duties of the people.
Chapter III specifies state structure. Its section (i) deals elaborately with the National People’s
Congress and its Standing Committee: section (ii) has some provisions for the President of the
NPC; section (iii) covers the State Council in detail; section (iv) is about the Central Military
Commission; section (v) has provisions for local People’s Congresses and local people’s governments
at different levels; section (vi) deals with organs of self-government of national autonomous areas;
and section (vii) provides for the system of People’s Courts and People’s Procuratorates. Chapter
IV is about national flag, national anthem and national capital.
In first impression, the striking features of this Constitution are: restoration of the offices of the
Head of the State with the designation of President assisted by a Vice-President (former chairman
and vice-chairman), institution of a Central Military Commission to direct the armed forces,
extension of the powers of the National People’s Congress and its Standing Committee, introduction
of the system of Premier’s over all responsibility for the State Council, change in the institution of
combining rural people’s communes, management with government administration and
establishment of special administrative regions where necessary, constitutional recognition to the
principle of family planning, softer orientation towards the political system of the USSR (now
Russian Federation) and its foreign policy, invitation to foreign individuals and firms to invest
their money in China and, above all, elimination of bold and frequent references to the ideology
and leadership of Mao. The salient features of the new Constitution may be enumerated as under:
1. An Enacted and Rigid Constitution: Like its predecessors, it is an enacted Constitution having
138 Articles grouped into four chapters. While the Preamble throws light on the achievements
of the past and the goals of the future, Chapter I has general principles on which the new
constitutional system is based. Chapter II deals with the fundamental rights and duties of the
people. Chapter III deals with the structure of the State. It provides for the Central, provincial
and local governments. It declares National People’s Congress (NPC) as the highest organ of
State power. Chapter IV mentions National Flag, National Emblem and the National Capital.
The rigid nature of the constitution can be traced in the fact that the National People’s Congress
has been empowered to make any amendment in it by its 2/3 majority.
2. Unitary System: Though China is a very big country and the Constitution recognises the fact
of multi-nationality, it, like its predecessor, provides for a unitary system of government. There
is no division of powers. All powers, as a result, are with the Central government, while
provincial, regional and local governments are under its full control. In other words, the entire

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