This book investigates the legal and political evolution of Chinese presidency from the period of its forerunner in the 1930s, its establishment in 1954 to its abolition in 1975, and its restoration in 1982, and discovers that the presidency has evolved from a traditional Chinese title into a political position and then a state institution that has the constitutional appearance of a Western style semi-presidency. However, politically it has functioned in a Stalinist party-state with Chinese characteristics, whose candidates have been produced according to the CCP’s step-by-step succession rules designated by the party leaders. Real political decision-making power has not only been limited by these succession rules, but also by the president's role and status within the CCP’s collective supreme body. The author weaves the themes of Chinese politics and law together and explores not only the political implications of those constitutional provisions and amendments regarding this office, but also the constitutional significance of the CCP’s major political practices, such as Mao Zedong’s “power of last say,” his idea of “two fronts,” his controversial abolition of the chairmanship, Deng Xiaoping’s idea of “the nucleus of leadership,” and “diplomacy of the head of state” by Chinese presidents, thus illuminating how law has been made in those unpredictable political environments and how politics has been defined by law. The author concludes that the office of president is the key to understanding how power in China derives first from the CCP, second from the military, and third from the government loosely prescribed by laws. Even more important, the millennia-old Confucian concept of the charismatic leader is alive and well. While all eyes are on the new incumbent, his predecessors have loomed large and continue to exert significant influence on him. Underlining decades of constitutional evolution and shifting political dynamics have been the changing foreign influences and local demands on China. With so many variables at play, the office of the president will certainly continue to evolve.

This book is prepared primarily for students who are interested in studying the constitutional development and government structure of twentieth-century China. Since the emergence of the Chinese consti tutional movement at the end of the nineteenth century, political institutions in China have undergone constant changes. The first four chapters treat of constitutional development and government systems from the latter part of the Ch'ing dynasty to the re-unification of China by the Nationalist Party in 1928. The other eight chapters deal with the policies, programs, and institutions of the Nationalist and Commu nist governments up to 1962. While treatises on various subjects have been consulted, the sources of this book are chiefly based on the official documents from the collections as indicated in the bibliography. Materials in the first few chapters are partly drawn from my previous works on government and politics in China. Because of the immense scope of the subject and the intricacy of the problems involved, this work is not intended to be exhaustive, but is rather a brief description and discussion of each topic under consideration. As there are many valuable works on China in general as well as on her history and inter national relations, I have tried not to cover what has already been dealt with by others. In my presentation of facts and views, I have endeavored to be as objective as possible, personal political convictions notwithstanding.

The Constitution of the Republic of China is the fifth and current constitution of the Republic of China, ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, along with its Additional Articles, remains effective in Chinese-controlled territories.

This volume presents an overview of the evolution of the current Chinese Constitution (1982) and the characteristics of constitutional studies since 1978. Readers are introduced to the basic principles of constitutional system in China and gain insights into the real state of Chinese law, allowing them to form their own opinions. It will also aid commercial communications with Chinese legal professionals as well as enterprises. The book covers a number of topics, including the history of constitutional communication between Chinese constitutionalists and the International Association of Constitutional Law since 1981, the most important academic contributions to international conferences concerning constitutional law by Chinese constitutionalists, the main characteristics of the current Chinese Constitution in the field of constitutional studies in China, the key issues of constitutional practice and implementation in China, the challenges of running the fundamental political system of the People’s Representative Congress and the characteristics of rule of law specific to China.

This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.