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Establishing the Rule of Law

Establishing the Rule of Law. Communist party-state. guardianship party represents the “historical best interests” of the people CCP’s “people’s democratic dictatorship” allows no organized opposition to party leadership hierarchy of party organizations “democratic centralism”

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Establishing the Rule of Law

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  1. Establishing the Rule of Law

  2. Communist party-state • guardianship • party represents the “historical best interests” of the people • CCP’s “people’s democratic dictatorship” allows no organized opposition to party leadership • hierarchy of party organizations • “democratic centralism” • consultation and implementation

  3. Communist party-state • Organizational design of political system • borrowed from Leninist party-state of the FSU • principles of guardianship and hierarchy • Mao added the idea of the “mass line” in ’40s • political reforms after the Maoist era • ideology became much less prominent and coherent • no fundamental systematic change

  4. Village

  5. CCP General Secretary • Jiang Zemin (1989 - 2002) • Hu Jintao (2002 - )

  6. Politburo Standing Committee • Each heads party work in one area • organization and personnel • propaganda and education • finance and economy • political and legal affairs • foreign affairs • etc.

  7. PRC Head of State • President • Jiang Zemin (1993-2003) • also then CCP General Secretary • Hu Jintao (2003-2008) • also current CCP General Secretary

  8. Central Government • Premier: Wen Jiabao (2003-2008) • State Council • 29 Ministries and Commissions • Ministry of Foreign Affairs • Ministry of National Defense • State Development & Reform Commission • People’s Bank of China • etc.

  9. National People’s Congress • According to the constitution, the highest organization of state authority • NPC Standing Committee • the permanent body of NPC exercises all but the most formal powers of the NPC • 8 Special Committees • legislative affairs, nationalities, agriculture & rural, foreign affairs, etc.

  10. National People’s Congress • NPC plenary sessions • meet annually in Beijing • for about 2 weeks • the nearly 3,000 deputies are elected • for 5-year terms • by provincial-level people’s congresses

  11. Constitutional Amendments • 1999 • “rule of law” • 2004: • private property right • human rights

  12. China’s Judicial System

  13. Instrumentalism • Mao Zedong era (1949 – 1976) • law as a “tool of the proletariat dictatorship” • Reform era (1979 - present) • economic development and Party legitimacy • social order and stability • rule by law • political-legal system of the Party • the principle of “flexibility”

  14. Democracy Movements • 1978 – 1979 • “Democracy Wall” movement • 1988 – 1989 • Tian’anmen • 1998 – 1999 • “China Democracy Party”

  15. FaLunGong

  16. Falun Dafa • Falun • “high-power material that turns 24 hours a day” • “Truthfulness” • “Benevolence” • “Forbearance” • “use all kinds of means to eradicate evil” • organization

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