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Congressional Research Service
Informing the legislative debate since 1914


March 23, 2018


China's Communist Party Absorbs More of the State


In March 2018, China's national legislature, the National
People's Congress (NPC), approved amendments to
China's state constitution, including the elimination of term
limits for the positions of President and Vice President. The
NPC  also supported the creation of a new anti-graft agency,
approved a reorganization of government agencies,
installed a new lineup of state and NPC leaders, and
endorsed economic and other targets. On March 21, 2018,
immediately after the NPC session closed, the Communist
Party released a document outlining a broad re-organization
of large parts of China's political system, including the
Party. The events served to strengthen the position of
Communist  Party General Secretary and State President Xi
Jinping, to expand the Communist Party of China's already
dominant role in China's political life, and to give the Party
more tools to pursue its nationalist agenda. This In Focus
report summarizes some of these developments.

Constitutional Amendments
The People's Republic of China (PRC) Constitution,
adopted in 1982, co-exists with the Communist Party's
Charter, also known as the Party Constitution. The March
2018 amendments  to the PRC Constitution-which passed
the NPC by a vote 2,958 to 2, with 3 abstentions-mark the
fifth time China's parliament has amended the constitution.
Key March  2018 amendments  are discussed below.

Eliminating  Term-Limits   for President
Article 79 of the constitution had previously stated that the
PRC  President and Vice President shall serve no more
than two consecutive terms. A 2018 amendment removed
those words. An NPC spokesperson said the change
benefits the strengthening and perfecting of the national
leadership system.

Under the current leadership system, China's leader
simultaneously holds all three of the country's top
positions: Communist Party General Secretary, Party
Central Military Commission Chairman, and State
President. The Party charter does not set term limits for the
first two positions, so defenders of the amendment argue
that the state constitution should not set term limits for the
third, the position of state president. Even without term
limits for the top Party positions, however, the norm since
2002 has been for the Party General Secretary to retire after
two full five-year terms in office. Then-General Secretary
Jiang Zemin established the norm by stepping down in
2002 (although he retained chairmanship of the Party
Central Military Commission for an additional two years).
Then-General Secretary Hu Jintao reinforced the norm
when he handed off both of his Party posts to Xi in 2012.

By pushing for the elimination of term limits for the
presidency, President Xi, 64, may be signaling his intention
to stay in all three of his powerful positions beyond the


usual two terms. Xi's second term in his Party posts is
scheduled to end in 2022, and his second term as president
is scheduled to end in March 2023.

Many  analysts warn that by undermining China's efforts to
create norms around the orderly transfer of power, the
removal of term limits could increase the risk of a future
destabilizing succession crisis in the world's second-largest
economy.  Some U.S. observers have expressed cautious
hope that with the prospect of staying in power indefinitely,
President Xi may feel he has a freer hand to pursue needed
economic reforms. Others have expressed concern that Xi
could pursue an even more assertive foreign policy.

Strengthening   the Constitutional  Basis for
Communist Party Rule
The Party's leadership role was previously not mentioned in
any of the articles of the constitution, although it was
referenced five times in the preamble, creating ambiguity
about the legal basis for the Party's powers. Article 1 of the
constitution states that, The socialist system is the basic
system of the People's Republic of China. A 2018
amendment  added a follow-up sentence: The defining
feature of socialism with Chinese characteristics is the
leadership of the Communist Party of China.

Putting Xi  on a Par with Mao  and  Deng
Another 2018 amendment  added to the constitution's
preamble a reference to Xi Jinping Thought on Socialism
with Chinese Characteristics for a New Era. That change
appeared to put Xi's guiding philosophy on a par with the
philosophies of two powerful predecessors: Mao Zedong
Thought and Deng Xiaoping Theory. The same
amendment  also added a mention of the governing
philosophy of Xi's immediate predecessor, Hu Jintao, but
without Hu's name attached to it.

New Anti-Graft Agency
Multiple additional 2018 amendments to the constitution
provide a constitutional basis for a new anti-graft agency,
the State Supervision Commission. A new Supervision Law
of the PRC adopted at the NPC session spells out the
commission's mission, organization, and powers. The
Party's existing Central Discipline Inspection Commission
(CDIC) has broad powers to investigate China's 89.5
million Communist Party members. The new State
Supervision Commission, headed by the second ranking
official in the Party CDIC, is intended to extend the Party's
graft-fighting to all public employees who exercise public
power, even if they are not Communist Party members.
The scope of those covered includes not only officials in
such bodies as Party and government agencies, the courts,
and national and local legislatures, but also administrators
in public education, scientific research, culture, health
care, sports, and other such units. The commission is


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