GAO ShanIntroductionOne famous Chinese jurist once had said that “the progress of the rule of law” in China always follows the routine “two steps forward and then one step back”. For a long time, CPC always had trouble in dealing with its role under the ideology of rule of law and constitutionalism, especially when it comes to the separation of politics from government institution. Since the foundation of PRC, CPC has kept maintaining his role as a leader in all aspect of the nation, inserting its ideology of Marxism, Leninism, Maoism, the Deng xiaoping Theory and the “Three Represents” theory into the state Constitution is one of the ways. In fact, as time went by, there is an inconsistent of the recognition on CPC’s role under “Rule of Law” in relation with the principle of “leader in all aspect of the nation”, which had been set up in both the State Constitution and the CCP Constitution.The 1982 State Constitution and Party Constitution after 11th CPC National Congress are significant events on the history of PRC. Both Constitutions actually announced the end of an era, an era that CPC can explicitly take control of everything in PRC. Since 1980s and Open up policy, the development in economic is tremendous. The embrace of private economy, the recognition of human rights and emphasize of the Rule of Law can be seen as the response to such development in the political area. Although people are increasingly concerned about current silentness of political reform, some reforms had taken places during 1980- 2006 and they are producing positive effect to the society.Party’s Constitution is the supreme rule for the CPC member, State Constitution is the supreme law for the Chinese. NPC is the highest organ of the State Power. The Constitution stated that Political party need to obey the Constitution and it also said that all the Chinese is under the leadership of CPC. People always confused by such statements and the logic behind them. Who possess the supreme authority? What’s the relationship between the CPC party Constitution and State Constitution? All these questions are touches the fundamental issue of the CPC’s leadership and essential nature of the CPC’s leadership. All these questions are tricky, ambiguous and controversial. In order to give readers some clues, this report is trying to present the Chinese Scholars (including Taiwan) discussion about the CPC’s leadership. In interpreting this topic, the report will separate into 3 chapters, which are specifying the CPC’s leadership in relation with the State Constitution, Party Constitution and Legislature.The first chapter will explore the similarity between the Party Constitution and State Constitution and scholars view on Party’s Constitution’s effect on the State Constitution. The next chapter will have a further discussion on the CPC’s leadership in relation with the State Constitution. It will present you the disputes on who possess the supreme authority of the power. In Chapter3, the reports will talk about the relationship between the CPC and NPC, how CPC legalize its power through the NPC, and how CPC carry out its leadership through the internal and external system. Hope this organization and analysis can give reader a good start on understanding the presented questions.
ContentIntroductionChapter I CPC leadership: State Constitution and Party Constitution ch1Introduction & Summary1. The amendment of the State Constitution in reflection of the Party Constitution2. The Party Constitution’s importance to State ConstitutionChapter II CPC’s leadership, CPC and the State Constitution ch2Introduction & Summary1. The revision of the state Constitution and CPC leadership2. Constitution and CPC leadership, who is the supremacy authority1) One Taiwanese Scholar’s view2) What is CPC’s leadership and how CPC carry it out3) Disputes on whether there is a confliction between the CPC leadership and Constitutional principlea. Views on there is a conflictionb.Views on there is no confliction4) Does CPC process supreme authority?5) CPC’s view on Centralized leadership (over-concentration) issuea. What is the over-concentration?b.The consequence of this problemc. The causation and CPC’s attitude toward it3. Constitution principles and CPC’s leadership1) Rule of Law and Rule the Party by Lawa.Rule the party by law is WRONGb.Rule the party by law is RIGHT2) Three Representatives and CPC’s leadershipChapter III CPC’s leadership, the relationship between CPC and the Legislature, the NPCIntroduction & Summary ch31. the role of NPC as the highest organ of the State power2. Debates on the confusion of two authority: CPC’s decision making power and NPC’s decision approval power3. the connection between CPC and NPCa. Taiwanese Scholars viewb. Mainland Scholars viewc. Political leadershipd. Organization leadership: Appointment and remove an official1) The party organ and party headquarter2) Supervision