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Some Key Aspects of the 1982 Draft Constitution of the People's Republic of China*

Published online by Cambridge University Press:  17 February 2009

Byron Weng
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Extract

The Draft Constitution of the People's Republic of China (PRC), released on 27 April 1982, appears to be the most comprehensive, detailed (if somewhat wordy) and reasonable (as opposed to revolutionary, erratic) since 1949. Unlike its predecessors of 1975 and 1978, it is, no doubt, a product of more careful, more balanced efforts, involving the participation of scholars and legal professionals as well as politicians and Party cadres. Barring unforseen developments, this document will be adopted in more or less its present form later this year. The Constitution of the Communist Party of China (CPC) will also be revised, probably at the same time or a little later. Significantly, the State Constitution will probably set the tone for the Party Constitution to follow rather than the other way round. In this respect as in its fundamental conception, style, and contents, the 1982 Draft resembles the Constitution of 1954 and differs from those of 1975 and 1978. Perhaps this is why the new Draft has been described as “the Second Constitution”-to-be by Hu Sheng, a deputy secretary-general of the Committee for the Revision of the Constitution.

Type
Recent Developments
Information
The China Quarterly , Volume 91 , September 1982 , pp. 492 - 506
Copyright
Copyright © The China Quarterly 1982

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References

1. The 1954 Constitution reportedly had over 8,000 people involved in the first discussion stage which produced more than 5,900 suggestions for consideration by its drafting committee. Before the definitive draft was adopted, 150 million people were officially reported to have taken part in the second round of discussions and 1,180,420 proposals were transmitted to the drafting committee. See Steiner, H. Arthur, “Constitutionalism in Communist China,” American Political Science Review 49:1 (03 1955).CrossRefGoogle Scholar Reprinted in Jan, George P., ed., Government of Communist China (San Francisco: Chandler Publishing Co., 1966), pp. 191–213.Google Scholar

2. The 1954 Constitution was adopted on 20 September 1954, i.e. two years before its corresponding Party Constitution of 26 September 1956. On the other hand, the second and third Constitutions, both considered more radical than conventional, were adopted 17 January 1975 and 5 March 1978, i.e. preceded by their respective corresponding Party Constitutions of 24 August 1973 and 18 August 1977.

3. Ta Kung Pao 27 04 1982, p. 1.Google Scholar

4. See, e.g. CIHAI (The Encyclopaedic Chinese Dictionary) 1979 ed., p. 2336; Da, Li, ed., Zhonghua Renmin Gongheguo Xianfa Jianghua (Talks on the Constitution of the People's Republic of China) (Beijing: Renmin Chubanshe, 1956) Chap. 1Google Scholar; and Liu, Simpson C. P., Zhonggong Xianfa Luen (A Review on the Constitution of the People's Republic of China) (Taipei: the National Science Council of the Republic of China, 1972), Pt II, Chap. 2.Google Scholar

5. “Resolution on certain questions in the history of our Party since the pounding of the People's Republic of China,” Beijing Review 24:27 (6 07 1981), pp. 10–39, esp. para. 35 (9).Google Scholar

6. The “Four Principles” are socialism, the people's democratic dictatorship, Marxism-Leninism and Mao Zedong Thought, and the leadership of the CPC. Of these, the most important are CPC leadership and socialism, according to recent Beijing pronouncements.

7. Beijing Review, 25:18 (3 05 1982), p. 16.Google Scholar

8. For instructive discussions on this topic, see Schwartz, Benjamin I., Communism and China: Ideology in Flux (Cambridge, Mass.: Harvard University Press, 1968)CrossRefGoogle Scholar, Introduction; Schram, Stuart R., The Political Thought of Mao Tse Tung (New York: Frederick A. Praeger, 1963), Chap. VIGoogle Scholar; and “The Party in Chinese communist ideology,” China Quarterly (04–06 1969), pp. 1–26.Google Scholar

9. Beijing Review 25:19 (10 05 1982), pp. 20–21.Google Scholar

10. Ziyang, Zhao, “Report on the restructuring of the State Council at the 22nd Session of the Fith National People's Congress standing committee,” Ta Kung Pao, 9 03 1982, p. 3.Google Scholar This passage is not included in the English summary that appeared in the Beijing Review, 25:10 (8 03 1982), pp. 6–7.Google Scholar

11. “Resolutions on certain questions in the history of our Party…,” para. 35 (10). See supra, note 5.

12. See Liu, Simpson C. P., op. cit. pp. 61–66Google Scholar; also Liu, Simpson C. P. and Chihcheng, Hao, Maogong Xianfa De Toushi (A Penetrating View of the Maoist-Communist Constitution) (Taipai: Liming Wenhua Shiye Gufen Yiuxiengongsi, 1975), p. 19.Google Scholar

13. Art. 1 of the Constitution of the Republic of China, 1946.

14. For a good related discussion, see Lin, Cyril Chihren, “The reinstatement of economics in China today,” China Quarterly, 85 (03 1981), pp. 1–48.CrossRefGoogle Scholar

15. Zhongyang Ribao (Central Daily News), 29 04 1982Google Scholar; quoted in South China Morning Post, 30 04 1982, p. 7.Google Scholar

16. All this is readily admitted in China's official and semi-official pulbications. See, i.g. Wenbin, Fong, “Guanyu Shehuizhuyi Minzhu Wenti (On the question of socialist lemocracy)” Renmin Ribao, 24, 25 11 1980Google Scholar; Zhonggong Zhongyang “Zhongfa 1980) 66 Hao” Wenjian: Deng Xiaoping zai Zhonggong Zhongyang Zhengzhiju Kuoda Huiyishang de Jianghua (CPC Central “Central Issue No. 66 (1980)”: Deng Xiaoping's Speech to the Enlarged Meeting of the Politburo of the Party Central), Zhonggong Yanjiu Studies on Chinese Communism) 15:7 (15 July 1981), pp. 104–139.

17. See Xiaochong, Shi, “Jianquan Guojia Zhengzhi Zhidu Wenti Zhuyi” “Preliminary discussions on the question of improving the national political system”), Minzhu yu Fazhi, 10 1981, pp. 6–7.Google Scholar

18. See Fang, Zhou, ed., Wuoguo Guojia Jigou (The State Structure of Our Country) Beijing: Zhongguo Qingnian Chubanshe, 1957), pp. 32–34.Google Scholar

19. See Shangwu, Zhang, “Zichan Jieji Fenquan Xueshuo de Liluen han Shijian” (“Theory and practice of the separation of powers by the capitalist class”) Renmin Ribao, 7 10 1980, p. 5Google Scholar; Pengfei, Shi, “Zichan Jieji de Sanquan Fenli Nengfou Pipan Jicheng?” (“‘Can the separation of three powers of the capitalist class be inherited critically?”) Wen Hui Bao, 22 11 1980, p. 3.Google Scholar

20. Beijing Review 25:19 (10 05 1982), p. 26.Google Scholar See also Siyuan, Cao, “Guanyu Xiugai Xianfa de Shidian Jianyi” (“Ten propositions concerning constitutional revision”) Minzhu yu Fazhi, 02 1981, pp. 6–10Google Scholar; Chongde, Xu, “Xiugai Xianfa Shiyi” (“Ten propositions on constitutional revision”) Minzhu yu Fazhi, 03 1981, pp. 7–10Google Scholar; Nianzhi, Pan, “Yiuguan Xiugai Xianfa de Jidian Yijian” (“Some opinions about constitutional revision”) Minzhu yu Fazhi, 04 1981, pp. 4–8Google Scholar; Shixin, Zhang, “Dui Wuoguo Guojia Yuanshou Wenti de Qianjian” (“Some opinions on the question of the chief of state ot our country”) Minzhu yu Fazhi, 8 09 1981, pp. 8–9Google Scholar; and Chengmei, Dong, “Shiluen Xianxing Xianfa Ruhe Xiugai de Jige Wenti” (“On some problems regarding how to revise the Constitution”) Minzhu yu Fazhi, 03 1982, pp. 8–10.Google Scholar Also Fei, Lung, “Zhonggong Tuichi Shenyi Xiuxian de Yinsu yu Yitu” (“Factors and intentions behind the delay in communist China's constitutional revision”) Zhonggong Yanjiu (Studies on Chinese Communism) 16:1 (01 1982), pp. 100–10.Google Scholar

21. Cohen, Jerome Alan, “China's Changing Constitution,” China Quarterly, No. 76 (12 1978), pp. 784–841.Google Scholar

22. See Houn, Franklin W., “Communist China's New Constitution,” Western Political Quarterly, 06 1955.Google Scholar Reprinted in Jan, ed., op. cit. pp. 213–51, esp. 234–35.

23. See Zhen's, Peng “Explanations…” Section V, Beijing Review, 25:19 (10 05 1982), p. 25.Google Scholar

24. See Wei Taiwan Gueihui Zuguo Shixian Guojia Tongyi Er Nuli (Strive for Taiwan's Return to Motherland and the Realization of National Unification) (Beijing: Beijing Chubanshe, 1979; Xubian, 1980).