The Party-state System and the Reform of National Supervision System
Opening Statement for the Round Table on Socialist Rule of Law and Governance after the 19th Chinese Communist Party Congress
Just about several weeks ago, the reform of national supervision system was still the most prominent legal and political development in China. Though it seems not so eye-catching now, this reform, compared to other reforms and changes, might have reflected the dominant direction of the whole party-state system in the long run. These days, when the Amendment of the Constitutional Law and the draft of the Supervision Law are voted at NPC, everything will be settled down.
However, if we look backward, there full of dramatic scenes and confused questions in the path of the reform. If the anti-corruption movement was so successful and productive, why is such a reform necessary? Why there was no full authorization from constitutional law in the process of the reform? Why there were so many controversial issues between the draft and the Criminal Procedure Law? With these questions, doubts and shadows have been laid on the future path of the reform.
To answer these questions and dismiss the doubts, it’s not enough to look for in the text of the constitutional law or party constitution. It must be found in the constitutional law in practice, the party-state system itself. It’s the functions and dysfunctions of the part-state system that leaded the reform and the direction of the institution development, and created all these conflicts and controversy. In the opening statement, I will explain what kind of functions and dysfunctions it is, and its logical relationship with the reform.
If there is any question, I will try my best to answer it.
The Timeline of the Reform
- 7, 2016: CCPCC General Office, the Pilot Program;
- 26, 2016: NPCSC, the Decision on the Pilot Program;
- 22-27, 2017: NPCSC, the First Round Deliberation;
- 29,2017: CCPPB, Decision on Launching the Constitutional Amendment;
- 18, 2017: 19th CPC National Congress Report;
- 29(Close to), 2017: CCPCC General Office, Promoting National Program;
- 4, 2017: NPCSC, the Decision on Promoting the Pilot Program Nationally;
- 7, 2017: NPCSC, To Solicit Public Comments on the Draft;
- 22,2017: NPCSC, the Second Round Deliberation;
- 26, 2018: CCPCC, the Advices on the Constitutional Amendment;
- 11, 2018: NPC, Vote on the Amendment;
- 13-19, 2018: NPC, Deliberation and Vote on the Supervision Law