introduction of constitutional development and political economy in China
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Constitutionalism between 1949-54:
After the Revolution, the communists did not base their government on any constitution. They preferred to wait for a formulated constitution and decided to rely upon Mao’s leadership and People’s Democratic Dictatorship as conceived, explained and guided by him. A Chinese People’s Political Consultative Conference, consisting of 662 delegates who represented all political groups and mass organisations, was created to legalize the system created for carrying out Mao’s Common Programme. The Organic Law consisting of 31 Articles was promulgated and it outlined the structure and functions of the governmental machinery. It was given the responsibility of fulfilling the common programme. The arrangement continued till 1954. Constitutionalism between 1954-75:
It was in 1953 that the People’s Republic of China decided to have a written constitution. A committee under the chairmanship of Mao Tse-tung was created for this purpose. This committee proposed the draft of a constitution which was submitted to the people of China and their organisations for a full national debate. The Chinese People’s Government incorporated several amendments in the draft for incorporating the views of the people. The amended draft was presented to the National People’s Political Conference in September 1954. After its adoption, the Constitution led to the formation of a new government on 4th November, 1954. The 1954-Constitution affirmed the resolve of the people of China to overthrow colonialism, feudalism and capitalism. While enumerating the socio- economic political achievement made by China during 1949-54, the Preamble to the Constitution recorded deep gratitude for the help given by the (erstwhile) USSR. It pledged China’s indestructible friendship with all peace loving people of the world. It proclaimed that China was all out for destroying imperialism. The Constitution of 1954 was a brief document with only 106 Articles. It was designed to serve the people of China for a transitional period of 20 years. A very interesting feature of this constitution was that it, unlike other socialist constitutions, it did not give a constitutional recognition to the status and role of the Communist Party of China. The Preamble and Article 19 of the Constitution acclaimed the vital role of the Communist Party in achieving revolution against imperialism and exploitation but did not give it a constitutional recognition. The Constitution, further, accepted the principle of democratic centralism, and expressed the resolve to safeguard the people’s democratic system.However in actual practice, the power of the state continued to be fully controlled and managed by the Communist Party of China. The Communist Party dominated the political system and was itself dominated by the “proletarian head-quarters” of Mao. It was this ‘head- quarter’ which controlled all power and it consisted of a small group of Mao loyalists.
Through this Constitution, the Chinese accepted the concept of granting of fundamental rights and duties to the citizens. It recognized seven fundamental freedoms of the citizens, their social, economic and political rights, and duties towards the socialists.
Like the Stalin Constitution of the (erstwhile) USSR, the Constitution made an attempt to demonstrate that China respects fundamental rights and freedoms. Even while forbidding capitalism, it recognized the right to private property of the citizens.
This Constitution declared that the People’s Republic of China was a single multinational state consisting of several nationalities that stood integrated into a family. Despite its multinational character and vast size, China continued to be a unitary state.
The Constitution of 1954 fully reflected that:
1. China upheld the ideology of Marxism-Leninism as understood, interpreted, explained and applied by Mao.
2. China upheld the type of constitutionalism which prevailed in the (Erstwhile) USSR under the Stalin Constitution.
3. China stood for anti-imperialism, anti-capitalism, world peace and international communism.
4. The Chinese decided to keep the Communist Party as an extra-constitutional, but all powerful institution in the Chinese political system.
Till the adoption of a new constitution in 1975, China continued to be governed by this constitution. During this period, the Chinese usurped Tibet and got involved in boundary disputes with India and her other small Asian neighbours. It, committed aggression against India in 1962 and got involved in ‘cold war’-with the USSR.
Explanation:
Since the introduction of Deng Xiaoping's economic reforms, China has what economists call a socialist market economy – one in which a dominant state-owned enterprises sector exists in parallel with market capitalism and private ownership.