Government of China
The government of the People's Republic of China is based on a system of people's congress within the parameters of a unitary communist state, in which the ruling Chinese Communist Party enacts its policies through people's congresses. This system is based on the principle of unified state power, in which the legislature, the National People's Congress, is constitutionally enshrined as the "highest state organ of power." As China's political system has no separation of powers, there is only one branch of government which is represented by the legislature. The CCP through the NPC enacts unified leadership, which requires that all state organs, from the Supreme People's Court to the State Council of China, are elected by, answerable to, and have no separate powers than those granted to them by the NPC. By law, all elections at all levels must adhere to the leadership of the CCP. The CCP controls appointments in all state bodies through a two-thirds majority in the NPC. The remaining seats are held by nominally independent delegates and eight minor political parties, which are non-oppositional and required to support the CCP. All government bodies and state-owned enterprises have internal CCP committees that lead the decision-making in these institutions.
The NPC meets annually for about two weeks in March to review and approve major new policy directions, and in between those sessions, delegates its powers to the working legislature, the NPC Standing Committee. This organ adopts most national legislation, interprets the constitution and laws, and conducts constitutional reviews, and is headed by the chairman, one of China's top officials. The president is a ceremonial office and has no real power but represents China abroad, though since the 1990s, the presidency has always been held by the leader of the Chinese Communist Party. Elected separately by the NPC, the vice president has no power other than what the president bestowed on them but assists the president. The head of the State Council, the NPC's executive organ, is the premier. The General Secretary of the Chinese Communist Party is China's leading official since the CCP is tasked with formulating and setting national policy which the state, after being adopted by the NPC or relevant state organ, is responsible for implementing.
The State Council, also referred to as the Central People's Government, consists of, besides the Premier, a variable number of vice premiers, five state councilors, the secretary-general, and 26 ministers and other cabinet-level department heads. It consists of ministries and agencies with specific portfolios. The State Council presents most initiatives to the NPCSC for consideration after previous endorsement by the CCP's Politburo Standing Committee.
China's judicial organs are political organs that perform prosecutorial and court functions. Because of their political nature, China does not have judicial independence. China's courts are supervised by the Supreme People's Court, which answers to the NPC. The Supreme People's Procuratorate is responsible for prosecutions and supervises procuracies at the provincial, prefecture, and county levels. At the same administrative ranking as the SPC and SPP, the National Supervisory Commission was established in 2018 to investigate corruption within the CCP and state organs. All courts and their personnel are subject to the effective control of the CCP's Central Political and Legal Affairs Commission.
Relationship with the Chinese Communist Party
The CCP constitution states that the party is the highest force for political leadership. The party's institutions overlap with government institutions and the party has authority over government decisions at both the local and central levels. Senior government officials throughout the country are appointed by the CCP, and are mostly CCP members. All government departments, state-owned enterprises and public institutes include CCP committees, from the village level to the national level. The CCP committees in government bodies supervise and lead the bodies, with the State Council legally required to implement CCP policies. As outlined by the CCP constitution: "Government, the military, society and schools, north, south, east and west – the party leads them all."Under the leadership of Deng Xiaoping, there were proposals to increase the separation of the state and the party, especially advocated by more liberal officials such as Zhao Ziyang. The proposals included abolishing CCP committees from some government departments, increasing the influence of the State Council, and having professional managers leader SOEs instead of CCP committees. These proposals were abandoned after the 1989 Tiananmen Square protests and massacre.
On the relationship between the government and the CCP, James Palmer, writing for Foreign Policy, states that, "he Chinese government is essentially the shadow of the Communist Party, moving as the party does, and consequently government roles matter far less than party ones." According to The Economist, "specially when meeting foreigners, officials may present name cards bearing government titles but stay quiet about party positions which may or may not outrank their state jobs." According to scholar Rush Doshi, "he Party sits above the state, runs parallel to the state, and is enmeshed in every level of the state."
The integration of the CCP and the state has accelerated under Xi Jinping's general secretaryship, chairing eight party commissions that direct government bodies. Under Xi, several government and party bodies have also merged, with one party organization having an external state government name under the one institution with two names system, further integrating party and the state.
Constitution
The first constitution of the PRC was first created on 20 September 1954, before which an interim constitution-like document created by the Chinese People's Political Consultative Conference was in force. The second promulgation in 1975 shortened the constitution to just about 30 articles, containing CCP slogans and revolutionary language throughout. The role of courts was slashed, and the Presidency was gone. The 3rd promulgation in 1978 expanded the number of articles, but was still under the influence of the very-recent Cultural Revolution.The current constitution, declared on 4 December 1982, is the PRC's fourth. The legal power of the CCP is guaranteed by the PRC Constitution and its position as the supreme political authority in the People's Republic of China is put in practice through its comprehensive control of the state, military, and media.
National People's Congress
The National People's Congress is the national legislature of China. With 2,977 members in 2023, it is the largest parliamentary body in the world. Under China's current Constitution, the NPC is structured as a unicameral legislature, with the power to legislate, to oversee the operations of the government, and to elect the major officials of state. Its delegates are elected for a five-year term through a multi-tiered electoral system. According to the Constitution, the NPC is the highest state institution within China's political system.The NPC and the National Committee of the People's Political Consultative Conference, a consultative body whose members represent various people's organizations, are the main deliberative bodies of China, and are often referred to as the Two Sessions. Aside from the CCP, eight minor political parties participate, but are non-oppositional and have no real power. They must accept the primacy of the CCP to exist and their members are preapproved by the CCP's United Front Work Department.
The NPC, elected for a term of five years, holds annual sessions every spring, usually lasting from 10 to 14 days, in the Great Hall of the People on the west side of Tiananmen Square, Beijing. These annual meetings are usually timed to occur with the meetings of the CPPCC, providing an opportunity for the officers of state to review past policies and present future plans to the nation.
The NPC generally has a reputation of approving the work of the State Council and not engaging in overmuch drafting of laws itself. However, it and its Standing Committee have occasionally asserted themselves. For example, the State Council and the CCP were unable to secure passage of a fuel tax in 2009 to finance the construction of expressways. Likewise, the Ministry of Finance has sought to institute property taxes since the early 2010s, but opposition from the NPC have prevented any property tax proposals from reaching the NPC's legislative agenda. The NPC Standing Committee is more assertive than the NPC itself and has vetoed proposed laws.
Leadership
National leadership
The CCP Politburo Standing Committee consists of the government's top leadership. Historically it has had five to nine members. As of 2024, it has seven members. Its officially mandated purpose is to conduct policy discussions and make decisions on major issues when the Politburo, a larger decision-making body, is not in session. According to the CCP's constitution, the General Secretary of the Central Committee must also be a member of the CCP Politburo Standing Committee.The membership of the PSC is strictly ranked in protocol sequence. Historically, the general secretary has been ranked first; the rankings of other leaders have varied over time. Since the 1990s, the general secretary, premier, chairman of the NPC Standing Committee, the chairman of the Chinese People's Political Consultative Conference, the secretary of the Central Commission for Discipline Inspection, the party's top anti-graft body, and the first-ranked secretary of the CCP secretariat have consistently also been members of the Politburo Standing Committee.
Ranked below the party's Politburo Standing Committee are deputy state leaders including the party's chief staff, vice premiers, and the party secretaries of China's most important municipalities and provinces.Ministers and provincial governors are next in rank, followed by deputy ministers and deputy provincial governors. Ministry director generals and sub provincial municipality mayors rank below this, followed by ministry deputy director generals and third-tier city mayors. There are five ranks below these which reach to the base of the government and party hierarchies.