President of China
The president of China, officially the president of the People's Republic of China, is the List of state representatives of the [People's Republic of China|state representative] of the People's Republic of China. On its own, it is a ceremonial office and has no real power in China's political system, though since 1993, the post has been concurrently held by the general secretary of the Chinese Communist Party and Central Military Commission (China)|chairman of the Central Military Commission], who is China's top leader. While the office has many of the characteristics of a head of state, the country's constitution does not define it as such.
The presidency in its current form was the chairman of the Central People's Government of the People's Republic of China, which was established on 1 October 1949 by a decision of the Chinese People's Political Consultative Conference. It was replaced in Constitution in 1954 with the office of state chairman. It was successively held by Mao Zedong and Liu Shaoqi. Liu fell into political disgrace during the Cultural Revolution, after which the presidency became vacant. The post of chairman was abolished under the 1975 constitution, and the function of state representative was bestowed on the chairman of the National People's Congress Standing Committee. The office was reinstated in the Constitution of 1982 but with reduced powers and a stipulation that the president could not serve more than two consecutive terms. The Chinese president was the third to fifth highest-ranking position when it was re-established in 1982. The term limits were abolished in 2018. Since 1982, the title's official English-language translation has been "president", although the Chinese title remains unchanged.
The presidency is a part of the system of people's congress based on the principle of unified power in which the National People's Congress functions as the only branch of government and as the supreme state organ of power. The presidency is a state organ of the NPC and equivalent to, for instance, the State Council and the National Supervisory Commission, rather than a political office, unlike the premier of the State Council. Together with the NPC Standing Committee, the presidency performs certain functions performed by a head of state in most other countries. The president can engage in state affairs with the consent of the NPC Standing Committee, but has no independent powers other than those bestowed by China's permanent organ. While the presidency is not a powerful organ in itself, since 27 March 1993, the president has concurrently served as general secretary of the Central Committee of the Chinese Communist Party and chairman of the Central Military Commission, making the incumbent China's paramount leader and supreme commander of the armed forces.
History
Establishment in 1954
On 23 March 1954, at the first meeting of the Constitution Drafting Committee, Mao Zedong explained why the position of Chairman of the State was established: "In order to ensure national security, a Chairman was established. Our China is a large country, and the purpose of establishing a Chairman is to make the country more secure. With a Speaker of Parliament, a Premier, and a Chairman, it is safer, and it will not be that all three places will have problems at the same time." The members of the Constitution Drafting Committee discussed the powers of the Chairman of the State. They thought that the powers of the Chairman should be set lower and more detached, so that the Chairman would only be equivalent to "half of Voroshilov." They added that "The Chairman can make suggestions, but the suggestions do not play a decisive role. People can take them if they want, or not if they don't. There is nothing that can be done."The office of state chairman was first established under the 1954 Constitution. Though the ceremonial powers of the office were largely identical to those in the current Constitution, the powers of the 1954 office differed from those of the current office in two areas: military and governmental. The state chairman's military powers were defined in the 1954 Constitution as follows: "The Chairman of the People's Republic of China commands the armed forces of the state, and is chairman of the National Defense Council." The National Defense Council was unique to the 1954 Constitution, and was mandated as the civil command for the People's Liberation Army. It was abolished under the 1975 Constitution.
The state chairman's governmental powers were defined in the 1954 Constitution as follows: "The Chairman of the People's Republic of China, whenever necessary, convenes a Supreme State Conference and acts as its chairman." The members of the Supreme State Conference included the main officers of state, and its views were to be presented to the main organs of state and government, including the National People's Congress and the State and National Defense Councils. The Supreme State Conference was also unique to the 1954 Constitution. It was abolished under the 1975 Constitution and later Constitutions have not included a similar body.
History up to 1974
CCP chairman Mao Zedong was the first to hold the office of state chairman. He was elected at the founding session of the National People's Congress in 1954. At the 2nd NPC in 1959, Mao was succeeded by Liu Shaoqi, first-ranked Vice Chairman of the Chinese Communist Party. Liu was reelected as state chairman at the 3rd NPC in Jan 1965. However, in 1966, Mao launched the Cultural Revolution and by August 1966 Mao and his supporters succeeding in removing Liu from his position as party vice chairman. A few months later Liu was apparently placed under house arrest, and after a prolonged power struggle the 12th Plenum of the Central Committee of the Chinese Communist Party|8th CCP Central Committee] stripped Liu Shaoqi of all his party and non-party positions on 31 October 1968, including the post of state chairman. This was in violation of the Constitution, which required a vote by the NPC to remove the state chairman. After Liu's removal in 1968, the office of state chairman was vacant. From 1972 to 1975, Vice Chairman Dong Biwu became the acting chairman.Abolition in 1975
When the 4th NPC was convened in 1975, its main act was to adopt a new Constitution which eliminated the office of state chairman and emphasized instead the leadership of the Communist Party over the state, including an article that made the CCP chairman supreme commander of the PLA in concurrence as chairman of the party CMC, while the duties of state representative were transferred to the chairman of the Standing Committee of the National People's Congress. The 5th NPC was convened two years early, in 1978, and a third Constitution was adopted, which also lacked the office of state chairman, but did place a greater emphasis on the ceremonial roles performed by the chairman of the Standing Committee of the National People's Congress as state representative.Restoration in 1982
When it was agreed to amend the constitution again in 1980, questions to whether to restore the presidency arose. Research showed that having the NPCSC chairman as the national representative created problems, as the position was equivalent to the speaker of parliament in other countries. Deng Xiaoping agreed to restore the presidency, but without powers in specific government affairs, saying "It is still necessary to have a President. It is better to have a President to represent the country, but the powers of the President can be defined in a more abstract way. He should not be in charge of specific work or interfere in specific government affairs".The office was reinstated in the fourth Constitution, adopted by the 5th Session of the 5th NPC in 1982. In the 1982 Constitution, the party developed policy while the state executed it, and the president was conceived of as a ceremonial and replacement figure with a role similar to that of equivalent of figurehead presidents in parliamentary republics. Actual state power was vested in the general secretary of the Communist Party, the premier, and the chairman of the Central Military Commission. As part of the effort to prevent another leader from rising above the party as Mao had done, all four posts were intended to be held by separate people. The president therefore performed ceremonial duties such as greeting foreign dignitaries and signing the appointment of embassy staff, and did not intervene in the affairs of the State Council or the party. The constitution also mandated term limits for the office, stipulating the president and vice president could not serve more than two consecutive terms.
The posts of the premier, president and CCP general secretary were held by different individuals in the 1980s. That said, in reality political power was concentrated on the chairman of the Central Military Commission Deng Xiaoping. He was effectively the paramount leader, as he had controlled the Party, government and the military from "behind the scenes" without holding any of the three posts. However, presidents Li Xiannian and Yang Shangkun were not simple figureheads, but actually significant players in the highest leadership. They derived most of their power from being amongst the Eight Elders, rather than the office of president.
In the 1990s, the experiment of separating party and state posts, which led to conflict between Deng Xiaoping and Zhao Ziyang during the Tiananmen Square protests of 1989, was terminated. In 1993, Jiang Zemin, who had been general secretary of the CCP and chairman of the Central Military Commission since 1989, assumed the presidency as well, becoming the undisputed top leader of the party and the state. The system of holding the three posts simultaneously has officially been referred to as the "three-in-one" leadership system. Jiang stepped down as president in 2003, handing the post to then–Vice President Hu Jintao, the first vice president to assume the office. Hu had already become general secretary in 2002. In turn, Hu vacated both offices for Xi Jinping in 2012 and 2013, who had also previously served as vice president under Hu. On March 11, 2018, the first session of the 13th National People's Congress, by a vote of 2,958 in favor, two opposed and three abstaining, passed a constitutional amendment that removed the previous term limits for the president and the vice president. Xi explained the decision in terms of needing to align the presidency with his more powerful posts of general secretary of the party and CMC chairman, which do not have term limits.
Selection
Eligibility
Article 79 of the Constitution sets three qualifications for being elected for the presidency. To serve as president, one must:- be a Chinese citizen;
- have the right to vote and stand for election;
- be at least 45 years old.
Election
According to the Organic Law of the National People's Congress, constitutionally China's supreme state organ of power, the president is nominated by the NPC Presidium, the Congress's executive organ. However, the nomination is effectively made by the Chinese Communist Party, with the decisions being made among Party leaders. Candidates for top positions including the president are first approved first by the CCP's Politburo Standing Committee, and then by its Politburo, then approved in a special plenary session the Central Committee just before the NPC session for election by the Congress, with the Presidium presenting the nominee during the NPC session. Although the Presidium could theoretically nominate multiple candidates for the presidency, leading the election to be competitive, it has always nominated a single candidate for the office.After the nomination, the president is elected by the NPC, which also has the power to remove the president and other state officers from office. Elections and removals are decided by majority vote. The length of the president's term of office is the same as the NPC, which is 5 years. Since 2018, the president is required to recite the constitutional oath of office before assuming office.
Powers and duties
The president functions as the state representative of China both internally and externally. According to the constitution, the presidency is not a position but a state organ that represents the PRC in state activities, but one person serves the presidency. Mao Zedong rejected that the president of China functioned as China's head of state, arguing instead that the major differences between the Soviet system and the Chinese was that the presidency acted as a representative of the state collective leadership. Liu Shaoqi in his report on the 1954 Constitution of China, stated that the powers of the Chinese head of state was jointly exercised by the permanent organ, the Standing Committee of the National People's Congress and the president. The president has no independent powers other than those bestowed by China's permanent organ.Under the current constitution, instated in 1982 with minor revisions in later years, the president has the power to promulgate laws, select and dismiss the premier, vice premiers, state councillors as well as ministers of the State Council, grant presidential pardons, declare states of emergency, issue mass mobilization orders, and issue state honours. In addition, the president names and dismisses ambassadors to foreign countries and signs and annuls treaties with foreign entities. According to the Constitution, all of these powers require the approval or confirmation of the National People's Congress, which the office is subject to. The president also conducts state visits on behalf of the People's Republic. Under the constitution, the "state visit" clause is the only presidential power that does not stipulate any form of oversight from the NPC. As the vast majority of presidential powers are dependent on the ratification of the NPC, the president is, in essence, a symbolic post without any direct say in the governance of the state. It is, therefore, conceived to mainly function as a symbolic institution of the state rather than an office with true executive powers.
In theory, the president has discretion in selecting the premier, though in practice, the premier has historically been selected through the top-level discussions of the Chinese Communist Party. Upon the premier's nomination, the NPC convenes to confirm the nomination, but since only one name is on the ballot, it can only approve or reject. To date, it has never rejected a personnel nomination. Since the premier, the head of government in China, is the most important political appointment in the Chinese government, the nomination power, under some circumstances, may give the president real political influence.