![Sample our Area Studies journals, sign in here to start your access, latest two full volumes FREE to you for 14 days]({"type":"image" , "src" : "/sda/5922/TOC-Subject-Sample-2021-Area-Studies.jpg"})
Abstract
For over a decade, the Chinese Communist Party has been building its rules into a coherent ‘intra-party regulatory system’ with implications for the way the Party runs itself and ‘leads’ its state. This article examines the system-building project through the lens of the Party’s relationship with its state. It draws on a comparative analysis of the different iterations of the Party Charter since the Party became ‘governing party,’ and of pre- and post-19th Party Congress versions of the foundational documents of the intra-party regulatory system. It argues that since the 19th Congress Party Charter transformed the Party’s longstanding articulation of its own identity, redefining ‘Party leadership,’ the intra-party regulatory system has begun to reflect this change. ‘Party leadership’ is by nature relational—it cannot be defined or practiced in a vacuum—hence the Party’s transformed notion of ‘Party leadership’ entails a reconfigured Party–state relationship. Examined in this context, the Party’s project of ‘intra-party regulatory system’ building appears to be reconfiguring the relationship between Party documents and state laws and policies.
Notes
1 In Chinese: “小智治事, 中智治人, 大智立法.”
2 Xi Jinping, 2014a, 在中共十八届四中全会第二次全体会议上的讲话 [Speech at the Second Plenary Session of the 18th Central Committee’s Fourth Plenum], 23rd October 2014, In Central Institute for Literature ed. 中共中央文献研究室. 2018.《习近平关于全面依法治国论述摘编》[Xi Jinping Excerpts on Comprehensive Law-Based Rule of the Country].
3 In Chinese: “必须努力形成国家法律法规和党内法规制度相辅相成、相互促进、相互保障的格局.”
4 Xi Jinping, 2014b, 关于《中共中央关于全面推进依法治国若干重大问题的决定》的说明 [Explanation on the Draft Resolution of the CCP Central Committee on Certain Major Issues Concerning Comprehensively Advancing the Law-based Governance of China].
5 I use “state” rather than “government” to capture all elements of “state power organs,” including legislative, administrative, judicial, and supervisory organs. See Wang Changjiang (Citation2009, p. 189) who uses “政党与国家权力” rather than “政府” to discuss party-state relations. I only use “government” when citing a text that uses 行政 or 政府.
6 The Party has long used intra-party regulations, but it was in around 2011 that it began systematically building them into a coherent system.
7 See《中共中央关于废止和宣布失效一批党内法规和规范性文件的决定》[CCP Central Committee Decision on Repealing and Declaring No Longer in Force a Batch of Intra-Party Regulations and Normative Documents].
8 The 18th Central Committee Fourth Plenum Resolution stated that accomplishing the overall aim of developing a socialist rule of law system with Chinese characteristics would require: “forming a complete system of legal norms, an effective system for rule of law practice, a strict rule of law supervision system, a strong rule of law guarantees system, and forming a perfected intra-party regulatory system.” See CCP Central Committee, 2014,《中共中央关于全面推进依法治国若干重大问题的决定》[Resolution of the CCP Central Committee on Certain Major Issues Concerning Comprehensively Advancing the Law-based Governance of China], 23rd October 2014.
9 See《中国共产党党内法规解释工作规定》[CCP Intra-Party Regulation Interpretation Work Provisions].
10 See《中共中央关于加强党内法规制度建设的意见》 [Opinions on Strengthening Intra-Party Regulatory System Building], 13th December 2016, In Central Institute for Party History and Literature Research ed. 中共中央党史和文献研究院编《十八大以来重要文献选编（下）》[Selected important documents since the 18th National Party Congress, Part 3] (pp. 509–516). Beijing: Central Literature Publishing House.
11 See《关于推行法律顾问制度和公职律师公司律师制度的意见》[Opinions on Advancing the Legal Consultant System and the Public Lawyers, Company Lawyers System].
12 See《关于在全体党员中开展“学党章党规、学系列讲话, 做合格党员”学习教育方案》[Plan on Launching the Campaign to “Study the Party Charter and Party Regulations, Study the Series of Important Speeches [by Xi Jinping], and Be an Up-to-Scratch Party Member” Throughout the Entire Party Membership].
13 See 9th March 2016 《全国人民代表大会常务委员会工作报告》[Report on the Work of the National People’s Congress Standing Committee]; the CPPCC report also made this promise.
14 See 《关于新形势下党内政治生活的若干准则》[Code of Conduct for Intra-Party Political Life in the New Circumstances].
15 See《关于推进“两学一做”学习教育常态化制度化的意见》[Opinions on Advancing “Two Studies, One Be” Study Regularisation and Institutionalisation].
16 The 2017 Government Work Report reported having “carried out in earnest activities to enable Party members to gain a good understanding of the Party Constitution, Party regulations, and General Secretary Xi Jinping’s major policy addresses and to meet Party standards” (扎实开展“两学一做”学习教育).’
17 See《中国共产党党组工作条例》(2019修订) [CCP Party Group Work Regulations] [2019 Revision] (Art. 18[2]).
18 See《中国共产党支部工作条例（试行）》[CCP Branch Work Regulations] (Art. 16).
19 依规治党could also be translated as “regulations-based governing of the Party” (see Deng Shuqin, Citation2017); Zhou Yezhong and Shao Shuai (Citation2020) argue the 规 to be not just regulations but also rules and norms.
20 See op. cit. Central Institute for Party History and Literature Research ed. See also Deng Shuqin (Citation2017, p. 14).
21 This expression is not new. The stress I use here is debatable: The term could, for example, also be read as “the Party must manage the Party,” as opposed to leaving Party organs to their own devices. The expression “the Party must manage the Party, comprehensively and strictly govern the Party” (党要管党、全面从严治党) has appeared frequently in Xi Jinping’s speeches, with the latter part being part of his national governance plan termed “the Four Comprehensives.”
22 The vagueness of such pronouncements was also likely a factor.
23 A basic example of the Party’s relationship to “society” is in who it deemed fit to become a member: the 1982 Charter deleted exclusions based on categorisations of “peasants” into “poor,” “lower middle,” “middle,” and “rich,” see Hsia and Johnson (Citation1984).
24 See Hu Qiaomu (Citation2012). Hu was responsible for heading the drafting group and states that drafting began in “winter 1979.”
25 See Hu Yaobang 1st September 1982《全面开创社会主义现代化建设的新局面》[Comprehensively Creating a New Situation in Socialist Modernisation] Report to the 12th National Party Congress.
26 Op. cit. Hu Qiaomu (Citation2012, p. 198).
27 In Chinese: “自己不能监督自己。你自己包揽了行政工作, 就丢掉了监督行政的资格.” See Zhao Ziyang (1987).
28 In Chinese: “党政分开才能使党组织较好地行使监督职能.” The Report also concretely proscribed the Party’s inspection agencies from becoming involved in legal and government discipline cases—though the rationale for Party–state separation included enabling the Party to better supervise the state, the Report was clear in instructing the Party to stay out of meddling in the state’s supervisory roles. See Zhao Ziyang 25th October 1984 《沿着有中国特色的社会主义道路前进》[Advancing on a Path of Socialism with Chinese Characteristics] Report to the 13th National Party Congress.
29 In Chinese: “即政治原则、政治方向、重大决策的领导和向国家政权机关推荐重要干部.”
30 “赵紫阳会见戈尔巴乔夫时说 中苏两党关系将以四项原则为基础 社会主义面临严重挑战不改革没有出路” (When Meeting Gorbachev, Zhao Ziyang Says the Relationship between the Parties of China and Soviet Union will Be Based on the Four Principles Socialism Faces Serious Challenges and There is No Way Out without Reform) People’s Daily, 17th May 1989, p. 1.
31 In Chinese: “中华人民共和国实行依法治国, 建设社会主义法治国家.” This clause was added to Article 5.
32 As well as “Core consciousness,” “alignment consciousness,” and the other “consciousnesses,” essentially requiring that decision-making be aligned with what decision-makers perceive to be the preferences of the “Core.” This passage newly demanded that life inside the Party be regulated, that its political nature be strengthened, and that the political ecology of the Party be “good and clean” (风清气正).
33 See CCP Central Committee. 2018.《深化党和国家机构改革方案》[Deepening Party and State Agency Reform Plan]. Available at: http://www.gov.cn/zhengce/2018-03/21/content_5276191.htm#1.
34 CCP Intra-Party Regulation Formulation Regulations.
35 CCP Intra-Party Regulation and Normative Document Filing and Review Provisions.
36 Including the basic systems for the creation, composition, and powers and duties of the Party’s organisations of all levels and types; the basic systems regarding Party member obligations and rights; the basic systems of all aspects of Party leadership and Party building; matters regarding major issues involving the Party; … (Formulation Regulations 2019, Art. 9).
37 See 《中国共产党中央委员会工作条例》[CCP Central Committee Work Regulations] (Art. 25).
38 The Party’s first upon becoming “ruling Party.”
39 See op. cit. CCP Central Committee Work Regulations.
40 See Five-Year Plan Outline for Central Intra-Party Regulation Formulation Work (2013–2017) translated by Chinese Law and Government Editorial Board, Chinese Law and Government 51(5–6).
41 See “中共中央印发《中央党内法规制定工作第二个五年规划（2018－2022年）》” [The CCP Central Committee Releases Five-Year Plan for Central Intra-Party Regulation Formulation Work (2018–2022)]. Available at: http://www.gov.cn/xinwen/2018-02/23/content_5268274.htm.
42 See CCP CCGO and State Council General Office, 2012,《党政机关公文处理工作条例》[Party and State Organ Public Document Handling Work Regulations] (Art. 17). Though Wang Zhenmin (Citation2013, p. 142) points out ‘the moment a document adds a Party committee’s seal, and is issue in the Party’s name, the document’s nature has changed’ whether a P&S document is to be regarded as a Party document, a state document, or as having a ‘dual nature’ is open to debate and can differ depending on the circumstances. Song Gongde (Citation2015, p. 519) points to an easily overlooked distinction between ‘jointly formulated’ and ‘jointly issued’ documents.
43 See, for example, Jacques deLisle and Neysun A. Mahboubi (Eds.), University of Pennsylvania Asian Law Review, 13(1), 2018; 16(2), 2021.
44 In a book published before he took on the role as Bureau Director (see 宋功德出任中央办公厅法规局局长 将协力解决这事 [Song Gongde Takes on Position of CCGO Regulations Bureau Director and Will Join Forces to Solve this Issue], Sina.com, 7th July 2018, http://news.sina.com.cn/o/2018-07-07/doc-ihexfcvm3768813.shtml).
45 The significance of this addition is limited in part because it only allows such recommendations in the case of a potential violation and not, for example, in the case of discrepancies or difficulties that arise during implementation (Ma Ziheng & Li Jun, Citation2021).
46 The 2019 Revision of the Formulation Regulations (Art. 22) adds the provision that Party document formulating organs can involve the legal advisors of Party committees and their work organs—a system currently being developed to try to bring legal expertise into the development of Party documents to avoid conflicts and inconsistencies.