Uphold and Improve the People’s Congress System

Uphold and Improve the People’s Congress System*

October 13, 2021

The people’s congress system operates under the leadership of the CPC and in conformity with the basic tenets of Marxist theory of the state. It is designed to support the state system of people’s democratic dictatorship and effectively ensures that China advances along the path of socialism.

Under this system, all power of the state belongs to the people to guarantee their status as masters of the country. The system also ensures the Party’s leadership status, the people’s principal position, and law-based governance, thereby bringing an end to the cycle of rise and fall characteristic of the imperial dynasties in Chinese history.

Under this system, major political relationships that are essential to the nation’s future are properly managed, all social undertakings advance under the effective and unified organization of the state, national unity and ethnic solidarity remain strong, and vigor, stability and order prevail in the country’s political life.

Since the 18th CPC National Congress in 2012, the Central Committee has implemented a national rejuvenation strategy against a backdrop of global change on a scale unseen in a century. Taking into account the strategic requirements to uphold and improve Party leadership and consolidate the system of socialism with Chinese characteristics, it has continued to break new ground in the theory and practice of the people’s congress system and proposed a new vision, new thinking, and new requirements, which are focused on the following:

First, we must uphold CPC leadership.

We must uphold the core role of the Party in exercising overall leadership and coordinating the efforts of all sides, uphold the authority of the Party Central Committee and its centralized, unified leadership, and ensure that the Party’s theories, guidelines, principles, policies, decisions and plans are fully and effectively implemented in the work of the state. We should provide support to agencies of state power and ensure that they carry out their work in accordance with the Constitution and the law, and in an active, independent, and coordinated manner. We must strengthen and improve Party leadership, turn the Party’s views into the will of the state through legal procedures, ensure that candidates recommended by Party organizations will become leaders of agencies of state power, exercise Party leadership over the country and society through agencies of state power, and maintain the authority of both the Party and the state and the solidarity within the Party and across the country.

Second, we must provide institutional safeguards to ensure that the people run the country.

We must remain committed to a people-centered approach, uphold the principle that all power of the state belongs to the people, and support and ensure the people’s exercise of state power through people’s congresses. We should improve democracy, create more forms of democracy, expand channels for democracy, and ensure the people’s equal right to participation in governance and in development, so as to promote a whole-process people’s democracy that is broader, fuller, and more robust.

Third, we must ensure that every dimension of governance is law-based.

We must follow a path and develop a system of socialist rule of law with Chinese characteristics and build a socialist country under the rule of law. We should carry forward the spirit of socialist rule of law, advance all undertakings and initiatives of the country in accordance with the Constitution and the law, safeguard social equity and justice, respect and protect human rights, and bring all the work of the country under the rule of law.

Fourth, we must uphold democratic centralism.

We must ensure that the people exercise state power in a unified manner through people’s congresses, that people’s congresses at all levels are formed through democratic elections, and that they are accountable to the people and subject to their oversight. Administrative, supervisory, adjudicatory, and prosecuting offices at all levels must be created by people’s congresses, and be accountable to them and subject to their oversight. There must be an appropriate division of work as well as mutual coordination between decision-making, executive, and oversight powers. State agencies must exercise their powers and perform their duties within the scope of their statutory authority and procedures. Local authorities must demonstrate their initiative and enthusiasm under the unified leadership of the Party Central Committee, and all undertakings must advance under the unified and effective organization of the state.

Fifth, we must keep to the path of socialist political development with Chinese characteristics.

It is essential that we uphold the unity of Party leadership, the people’s status as masters of the country, and law-based governance of the country. Of these, Party leadership is of the paramount importance. The system of people’s congresses is a fundamental political system established to guarantee the implementation of these principles. It enables the Party to lead the people to govern the country effectively and in accordance with the law. We can draw on the political achievements of other societies, but we should never copy any Western political system.

Sixth, we must modernize our system and capacity for governance.

The people’s congress system is an important component of the system of socialism with Chinese characteristics and of China’s system of governance. We must uphold and improve the institutional framework under which the people run the country. We should continue to improve the institutions, standards, and procedures of socialist democracy and translate our institutional strengths into effective governance.

The world today is undergoing change on a scale unseen in a century. Competition in terms of systems is an important aspect of competition in composite national strength, and a well-founded system enables a country to seize the strategic initiative. History and our experience have shown that a country cannot remain stable and strong without a strong system. At its 18th and 19th national congresses, the Party created overall plans for strengthening the system of people’s congresses and for improving the work of people’s congresses. On our new journey towards a modern socialist country in all respects, we must firmly uphold the people’s congress system while improving it in pace with the times, so as to strengthen and improve the work of people’s congresses in the new era.

First, we should ensure the full implementation of the Constitution and safeguard its authority and sanctity.

Ancient Chinese believed that “law is the scale of a state and the ethical benchmark for a society.” As China’s fundamental law, the Constitution embodies the concentrated will of the Party and the people, and it has supreme legal status, supreme legal authority, and supreme legal effect. I have emphasized on many occasions that to uphold the authority of the Constitution is to uphold the authority of the common will of the Party and the people, to safeguard the inviolability of the Constitution is to safeguard the inviolability of the common will of the Party and the people, and to secure the implementation of the Constitution is to secure the fundamental interests of the people. All the people of China and all state agencies, armed forces, political parties, social organizations, enterprises, and public institutions must take the Constitution as their fundamental code of conduct, treat the Constitution as sacrosanct, and ensure its implementation. No organization or individual has the right to act beyond the Constitution and the law. Any act in violation of the Constitution and the law must be investigated and rectified.

To ensure law-based governance of the country, we must first ensure governance based on the Constitution; to ensure law-based exercise of state power, we must first ensure exercise of state power based on the Constitution. To ensure Constitution-based national governance and exercise of state power, we must remain committed to upholding the leadership position of the CPC, upholding the people’s democratic dictatorship as our state system, and upholding the people’s congress system as our system of state power, all of which are enshrined in our Constitution.

Full implementation of the Constitution is the primary task in building our socialist country under the rule of law, and it is also essential for upholding and improving the people’s congress system. We must take the Constitution as our fundamental code of conduct and build a sound, effective and complete institutional framework to ensure the implementation of the Constitution. We must reinforce constitutional oversight, promote the spirit of the Constitution, and safeguard the authority and sanctity of the Constitution.

Our Party leads the people in enacting and enforcing the Constitution and the law, and it must act within the scope of the Constitution and the law. People’s congresses, governments, supervision commissions, courts, and procuratorates at all levels should work in strict accordance with the Constitution and the law and perform their duties in a proactive, independent and coordinated manner.

The National People’s Congress (NPC) and its Standing Committee should improve the legal system pertaining to the Constitution and ensure that the systems, principles and rules established by the Constitution are fully implemented. They should strengthen oversight and inspection of the implementation of the Constitution and the law, improve constitutionality review, and the recording and review of rules, regulations, and other normative documents, and resolutely correct constitutional and legal violations. They should implement procedures and mechanisms for constitutional interpretation and actively attend to concerns about constitutional issues.

The NPC and its Standing Committee should improve the legal system under which the central government exercises overall jurisdiction over the special administrative regions in accordance with the Constitution and the regions’ basic laws, refine the regions’ systems and mechanisms related to the implementation of the Constitution and their basic laws, and maintain constitutional order and the rule of law in the regions as established by the Constitution and their basic laws.

Local people’s congresses at all levels and their standing committees must exercise their functions and powers in accordance with the law, and ensure that the Constitution and the law are observed and implemented within their respective administrative regions, maintaining consistency in laws and regulations across the country.

Second, we should improve the socialist legal system with Chinese characteristics, developing and ensuring good governance with sound laws.

“If good laws are established under Heaven, then there will be order under Heaven; if good laws are established in a state, then there will be order in that state.” A socialist legal system with Chinese characteristics has taken shape. This comes from the leadership of our Party and the hard work of all quarters over the decades following the launch of reform and opening up in 1978. This is a remarkable achievement in the history of the rule of law. That said, we must be clear that the times are changing and practice is evolving, which calls for an improved legal system. Our legal system must improve in step with the times.

We must strengthen the Party’s centralized, unified leadership over legislative work. We will improve the legislative framework under which Party committees provide overall guidance, people’s congresses play a leading role, governments offer support, and all parties concerned are involved. We should better align decision- making for reform and development with legislative decision-making, and improve the rule of law through further reform while ensuring reform and innovation in all fields through improved rule of law, so as to provide a legal basis for national development and major reforms. We must advance the rule of law in domestic and foreign affairs in a coordinated manner, balance development and security imperatives, and develop a system of laws for extraterritorial application. We must use legal means to meet challenges, forestall risks, and safeguard national sovereignty, security, and development interests. We should apply systems thinking and enact, revise, repeal, interpret, and codify laws in a coordinated way. We should also work towards an all-round improvement of state laws, administrative regulations, supervision regulations, and local regulations.

As the national legislature, the NPC and its Standing Committee should speed up the pace of legislative work while ensuring quality. They should make legislation more systematic, integrated and coordinated and the legal system more complete, consistent and authoritative. They should strengthen legislation concerning key and emerging sectors and China’s overseas activities. With a focus on imbuing legislation with the core socialist values, they should work to improve laws and systems that are urgently needed in national governance and that are essential for meeting the people’s growing expectation for a better life. Codification work should be continued in legislative areas where conditions are mature.

Good laws are a prerequisite for good governance. An ancient Chinese philosopher said, “The law does not fall from the sky or grow from the earth; it manifests from among the people and reflects their will.”

Focusing on improving the quality of legislation, the NPC and its Standing Committee should play their role as leaders in legislative work. They should follow objective laws, abide by the principle of serving the people and relying on them, and act in line with their statutory authority and procedures as they advance law-based legislation that is more professional and democratic. They should adopt diverse forms of legislation and make it more targeted, applicable, and practicable. In order to secure the quality of regulations and rules, they must make sure that administrative regulations, supervision regulations, and departmental rules are formulated in strict accordance with their statutory authority and procedures.

Local people’s congresses with legislative powers must strictly remain within their scope of legislative power. They must enact local legislation with a focus on implementing the Party Central Committee’s major policies, decisions and plans and on solving practical problems.

Third, people’s congresses should fully exercise their powers granted by the Constitution and carry out appropriate, effective and law-based oversight.

The power of all state agencies and their staff is subject to oversight and checks. This is an important principle of the people’s congress system as well as a basic requirement of its institutional design. We should give better play to the important role of people’s congresses in the oversight of the Party and the state to ensure that power is exercised under public oversight, in broad daylight, within an institutional cage, and under the reins of the rule of law.

People’s congresses at all levels and their standing committees should make use of their oversight powers granted by the Constitution and the law, and exercise appropriate, effective, and law-based oversight. They should uphold the uniformity, sanctity and authority of the law and make sure that laws and regulations are effectively implemented and that administrative, supervisory, adjudicatory, and prosecuting powers are properly exercised in accordance with the law.

In our country’s political system, people’s congresses play the role of overseeing the work of governments, supervision commissions, courts, and procuratorates at the same level, and they coordinate the work of all state agencies to create synergies. People’s congresses should concentrate on pursuing their central task, serving the overall national interests, giving priority to key areas, focusing on the decisions and plans of the Party Central Committee, and delivering on the people’s aspirations and expectations. They should work hard to facilitate the resolution of prominent issues and problems that hinder economic and social development. They should employ various statutory oversight methods, strengthen oversight of the implementation of laws and regulations, and ensure that all state agencies perform their duties and functions within the scope stipulated by the Constitution and the law.

We should improve the system of oversight by people’s congresses and develop sound mechanisms and methods for their oversight of law enforcement and judicial work. Governments, supervision commissions, courts, and procuratorates at all levels must strictly implement the laws, regulations, resolutions and decisions made by people’s congresses and their standing committees at the same level, report on their work in accordance with the law, and readily accept oversight from people’s congresses.

Fourth, people’s congresses should give full play to the role of their deputies, and see that deputies respond to the calls of the people.

“Conforming to the will of the people is the key to governance.” The key to the great vitality and strengths of the people’s congress system lies in the fact that it is deeply rooted in the people. All state agencies and their staff must foster a strong sense of service to the people, put the people above all else, maintain close ties with them, listen to their opinions and suggestions, accept their oversight, and work hard to serve them. People’s congresses should ensure that their deputies reach out to the public on a greater variety of issues and in more diversified ways, broaden their channels of contact, actively respond to public concerns, better engage with the people, gain a good knowledge of their conditions, gather their ideas, and improve their wellbeing. Standing committees of people’s congresses at all levels should build up deputies’ capacity to do their job, and provide support and safeguards for them to fulfill their duties in accordance with the law, and showcase their role in manifesting the people’s principal status as masters of the country.

Shouldering the honorable duties entrusted by the people, deputies to people’s congresses should faithfully represent the will and interests of the people and participate in the exercise of state power in accordance with the law. Deputies should maintain a firm political stance, fulfill their political responsibilities, improve their thinking and conduct, set a good example in abiding by the Constitution and the law, and act with political acumen.

They should use their distinctive strengths of coming from among the people and being rooted in the people, forge closer ties with them, and serve as a bridge through which the Party and the government maintain contact with the people. They should do their best to mobilize positive factors and mitigate negative ones and conduct themselves in ways that befit their role as people’s congress deputies in the new era.

Fifth, people’s congresses should be clearly aware of their identity as political institutions and intensify self-improvement.

People’s congresses and their standing committees at all levels must be deeply conscious of the need to maintain political commitment, think in terms of the general picture, follow the core leadership of the CPC Central Committee, and act in accordance with its requirements. They must stay confident in the path, theory, system and culture of socialism with Chinese characteristics, uphold the core position of the general secretary on the CPC Central Committee and in the Party as a whole, and uphold the authority of the Central Committee and its centralized, unified leadership. They must continuously strengthen their political acumen, understanding and capacity to deliver.

They should improve themselves in all respects and always serve as political institutions that conscientiously uphold Party leadership and ensure the running of the country by the people, as working institutions that fully perform duties and functions conferred by the Constitution and the law, and as representative institutions that always maintain close ties with the people.

People’s congresses should improve the composition of their standing committees and special committees and build work teams that are politically committed, willingly serve the people, hold the rule of law in awe, promote democracy, and work with diligence and a strong sense of responsibility. They should strengthen discipline, improve conduct, perform statutory duties, follow statutory procedures, and guard against favoring form over substance and excessive bureaucracy, so as to make their work more effective.

Sixth, we should strengthen the Party’s overall leadership over the work of people’s congresses.

The people’s congress system is an important institutional vehicle for the Party to exercise leadership over agencies of state power, and it is also an important medium through which the Party fully promotes democracy and implements its mass line in the exercise of state power. Party committees at all levels should give priority to the work of people’s congresses, improve the systems of Party leadership over the work of people’s congresses, hear work reports from Party leadership groups of people’s congress standing committees on a regular basis, and study and resolve major issues in the work of people’s congresses.

We should support people’s congresses and their standing committees in performing duties and exercising powers in accordance with the law. We should guide and urge governments, supervision commissions, courts, and procuratorates to readily accept the oversight of people’s congresses. We should strengthen the leadership teams of people’s congress standing committees and the work teams of people’s congresses, and promote job rotation between people’s congresses, Party and government departments, and judicial offices. The Party’s organization, communication, and other departments at all levels should coordinate and cooperate with relevant departments of people’s congresses to create powerful synergies for advancing the work of people’s congresses in the new era. Party leadership groups of people’s congress standing committees at all levels should earnestly implement the systems of Party leadership and ensure that they fulfill their principal responsibilities for full and strict Party self-governance.

* Part of the speech at the Central Conference on the Work of People’s Congresses.

(Not to be republished for any commercial or other purposes.)