Role of the Chinese Communist Party in lawmaking
The Chinese Communist Party (CCP) has a special role in lawmaking in the People's Republic of China, which has fluctuated over time.[1][2][3][4][5] The role of the Party in lawmaking increased once Xi Jinping became General Secretary of the Communist Party of China.[2] Through a variety of documents circulated within the Party, the CCP practically provides guidance to China's lawmaking organs such as the Standing Committee of the National People's Congress in the lawmaking process.[6] Besides, the CCP itself assumes a role in setting internal norms (such as disciplinary rules for its Party members). There are several milestone Party documents that illustrate the CCP's leading role in China's lawmaking activities. They are:
- Report Submitted by Comrade Peng Zhen on the Examination and Approval Process of Making and Revising Laws and Regulations (issued by the General Office of the Central Committee of the CCP in August 1979);
- Several Opinions on Intensifying the Leadership of the Legislation Work of the State (issued by the Central Committee of the CCP in February 1991);
- Opinions on Strengthening the Work of the Party's Leadership in Lawmaking (February 2016).
The guidelines enshrined in these Party documents have had profound impacts on the lawmaking activities in the People's Republic of China.[7]
References
- Tanner, Murray Scot (1994). "The Erosion of Communist Party Control over Lawmaking in China". The China Quarterly (138): 381–403. ISSN 0305-7410. JSTOR 654949.
- "CPC to strengthen leadership in law making". China Daily. October 28, 2014. Archived from the original on May 5, 2020. Retrieved 2020-05-29.
- Chien-Min, Chao (2003-03-10). "The National People's Congress Oversight Power and the Role of the CCP". The Copenhagen Journal of Asian Studies. 17: 6–30. doi:10.22439/cjas.v17i0.11. ISSN 1395-4199.
- Tanner, Murray Scot (March 1995). "How a Bill Becomes a Law in China: Stages and Processes in Lawmaking". The China Quarterly. 141: 39–64. doi:10.1017/S0305741000032902. ISSN 0305-7410.
- Otto, Jan; Chen, Jianfu; Li, Yuwen; Polak, Maurice V. (2000-09-14). Law-Making in the People's Republic of China. Springer Netherlands. ISBN 978-90-411-1433-4.
- Cao, Deborah (2017-03-02). Chinese Law: A Language Perspective. Routledge. ISBN 978-1-351-95197-5.
- 刘松山, 2017-05-24, 法学月刊杂志社. "党领导立法工作需要研究解决的几个重要问题". Archived from the original on 19 December 2017. Retrieved 31 May 2017.CS1 maint: multiple names: authors list (link)