Why do China's constitutional amendments pave the way for its governance modernization?

China Plus Published: 2018-03-11 16:36:10
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By Wang Shanshan

As the world’s largest developing country and second largest economy, China is geared for further steady growth and development. This requires a smooth path free of bumps or sharp turns. Amendments to the Constitution help clear possible bumps and build buffer zones for the road ahead. It is for this reason that the revisions have been endorsed by the majority of the Chinese people through a process of soliciting opinion, and discussion and deliberation. 

In the pursuit of better lives, people want better governance. The Constitutional amendments mark a major move towards promoting the rule of law and modernization of China's governance system and governance capability. 

Chinese Constitution. [Photo: IC]

Chinese Constitution. [Photo: IC]

China's Constitution, as the fundamental law of the country, was first enacted in 1954, five years after the founding of the People’s Republic of China. The current Constitution was formulated in 1982, shortly after the country’s reform and opening up drive, and was amended in 1988, 1993, 1999 and 2004. This year’s amendments are the first in 14 years. They do not change the Constitution at its roots, but aim at making it more up-to-date, reflective of realities, and in line with future trends. 

The amendments codify what China has done right into the country’s basic law, laying solid foundation for better governance. Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era has been given constitutional authority. "The leadership of the Communist Party of China (CPC) is the defining feature of socialism with Chinese characteristics" has been included in the Constitution. This reflects how Chinese people view progress in their lives over the past two decades. The 2018 Edelman Trust Barometer indicates 84 percent of China’s people say they trust their government, the highest approval rate of the countries surveyed. The figure may strike those suspicious of China’s rise as a surprise, but it’s normal for people in the country. The people find the country on the right track, with a government under the leadership of the CPC guaranteeing peace and steady improvements for life and striving to meet people’s aspirations. The path of development has been tested and proven to be effective, and the rational choices of the country and the people have been reflected in the Constitution. 

The amendments ensure that the basic law keeps abreast of the times, providing a guarantee for modern governance. Back in 2004, the last time the Constitution was amended, China’s GDP stood at 13 trillion yuan, about 1.6 trillion US dollars. The number has increased roughly seven fold, surpassing 13 trillion US dollars in 2017. The country's development has outpaced the expectations of many both within and outside the country. This growth has made parts of the law irrelevant, which is why it is being amended to reflect new changes. For instance, the newly approved amendment adds a new vision of a five-sphere integrated plan for coordinated economic, political, cultural, social, and ecological advancement, while in the previous version, social and ecological advancement was not mentioned. China has shifted from target-driven, speed-oriented economic growth to a model that takes consideration of both the quantity and quality of growth and focuses more on people’s well-being and environmental protection. This change of gear occurred during the past decade, among many others, and will not be reversed, no matter what difficulties and pressures lie ahead. People know for sure where the country is going and its determination in achieving its goals. 

The amendments upgrade the country’s toolkit for solving new contradictions and problems, consolidating the legal basis for modern governance. For instance, the amendments grant more cities legislative power. In 2015, China passed the Legislation Law, with a view to standardizing legislation, establishing a sound legislative system for the State, establishing and improving the socialist legal system with Chinese characteristics, safeguarding and developing socialist democracy, promoting the governance of the country according to law and building a socialist country under the rule of law. The authority of the law has been confirmed in the Constitutional amendment, greatly uplifting its importance. Under the amendments, the number of local provincial and municipal bodies with power to make their own laws has increased from 80 to 353. Their ability to govern will be enhanced with greater flexibility and agility. Governments will be able to carry out reforms within the framework of the rule of law and people will be able to safeguard their interests that are protected by the law. 

Of course, the abuse of power will not be tolerated. The amendments fix loopholes and hold the CPC and the government at various levels more accountable. According to the amendments, supervisory commissions at the national, provincial, city, and county levels, which have been established, will be consolidated, with legally defined duties, liabilities, and protocols for an upgraded anti-graft task force. Over the past five years, China’s high-profile anti-corruption campaign has attracted worldwide attention. The campaign, described as “a war cracking down on tigers, crushing flies, and hunting foxes overseas”, has seen over 120 officials at the ministerial level taken down, 1.34 million township-level Party members and officials and 648,000 in rural areas punished. A supervisory network will be responsible for carrying out the anti-graft task on a long-term basis and seeing that the principle of zero tolerance is observed. What’s more, the network was tested in workable and fruitful pilot programs in 2017. 

Other additions to the Constitution include adding the goal of a "great modern socialist country"; an oath of allegiance to the Constitution; a vision of a community with a shared future for humanity; and socialist core values. These changes enrich the Constitution. It’s understandable why the Constitutional amendment has won approval both inside and outside the CPC, as it has practiced democracy, and pooled the wisdom of the people. It embodies the aspirations of the people for a better life.

(The writer is a current affairs Commentator for CRI and CGTN,Deputy Director of CRI’s News Radio, former CRI Washington Bureau Chief)

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LU Xiankun Professor LU Xiankun is Managing Director of LEDECO Geneva and Associate Partner of IDEAS Centre Geneva. He is Emeritus Professor of China Institute for WTO Studies of the University of International Business and Economics (UIBE) and Wuhan University (WHU) of China and visiting professor or senior research fellow of some other universities and think tanks in China and Europe. He also sits in management of some international business associations and companies, including as Senior Vice President of Shenzhen UEB Technology LTD., a leading e-commerce company of China. Previously, Mr. LU was senior official of Chinese Ministry of Commerce and senior diplomat posted in Europe, including in Geneva as Counsellor and Head of Division of the Permanent Mission of China to the WTO and in Brussels as Commercial Secretary of the Permanent Mission of China to the EU. Benjamin Cavender Benjamin Cavender is a Shanghai based consultant with more than 11 years of experience helping companies understand consumer behavior and develop go to market strategies for China. He is a frequent speaker on economic and consumer trends in China and is often featured on CNBC, Bloomberg, and Channel News Asia. Sara Hsu Sara Hsu is an associate professor from the State University of New York at New Paltz. She is a regular commentator on Chinese economy. Xu Qinduo Xu Qinduo is CRI's former chief correspondent to Washington DC, the United States. He works as the producer, host and commentator for TODAY, a flagship talk show on current affairs. Mr. Xu contributes regularly to English-language newspapers including Shenzhen Daily and Global Times as well as Chinese-language radio and TV services. Lin Shaowen A radio person, Mr. Lin Shaowen is strongly interested in international relations and Chinese politics. As China is quite often misunderstood in the rest of the world, he feels the need to better present the true picture of the country, the policies and meanings. So he talks a lot and is often seen debating. Then friends find a critical Lin Shaowen criticizing and criticized. George N. Tzogopoulos Dr George N. Tzogopoulos is an expert in media and politics/international relations as well as Chinese affairs. He is Senior Research Fellow at the Centre International de Européenne (CIFE) and Visiting Lecturer at the European Institute affiliated with it and is teaching international relations at the Department of Law of the Democritus University of Thrace. George is the author of two books: US Foreign Policy in the European Media: Framing the Rise and Fall of Neoconservatism (IB TAURIS) and The Greek Crisis in the Media: Stereotyping in the International Press (Ashgate) as well as the founder of chinaandgreece.com, an institutional partner of CRI Greek. David Morris David Morris is the Pacific Islands Trade and Investment Commissioner in China, a former Australian diplomat and senior political adviser. Harvey Dzodin After a distinguished career in the US government and American media Dr. Harvey Dzodin is now a Beijing-based freelance columnist for several media outlets. While living in Beijing, he has published over 200 columns with an emphasis on arts, culture and the Belt & Road initiative. He is also a sought-after speaker and advisor in China and abroad. He currently serves as Nonresident Research Fellow of the think tank Center for China and Globalization and Senior Advisor of Tsinghua University National Image Research Center specializing in city branding. Dr. Dzodin was a political appointee of President Jimmy Carter and served as lawyer to a presidential commission. Upon the nomination of the White House and the US State Department he served at the United Nations Office in Vienna, Austria. He was Director and Vice President of the ABC Television in New York for more than two decades.