The Second Session of the 14th National People's Congress (NPC) was closed on March 11, 2024. Its agenda was mainly to vote on the work reports of the State Council, the NPC Standing Committee, the Supreme People’s Court and the Supreme People’s Procuratorate. It also reviewed the implementation of national economic and social development plan for 2023 and the draft plan for 2024, the implementation of the central and local budgets for 2023 and the draft resolution for 2024 budget, and the amendments of the Organic Law of the State Council (the Organic Law). In the new version of the Organic Law, it explicitly states that the State Council is constitutionally the highest administrative organ of the country and the executive organ of the National People's Congress, the highest organ of state power. It also includes specific clauses saying the State Council will uphold the leadership of the Chinese Communist Party (CCP) and follow the guidance of Xi Jinping thought on socialism with Chinese characteristics for the new era. In short, the State Council must implement the party’s policies thoroughly and follow Xi Jinping’s will faithfully.
In terms of the revision timeline, the current Organic Law was promulgated in December 1982, without amendment over 40 years. During this period of time, the State Council has adjusted its organizations for several times, among which the Plan for the Reform of the Party and State Institutions was passed in the Second Plenary Session of the 20th Central Committee of the CCP in February last year in particular to significantly strengthen the centralized leadership of the Party Central Committee. The organizations and functions of the State Council have dramatically changed so it is necessary to amend the law for reality. Especially when Xi Jinping has firmly controlled the power, members of the Standing Committee of the Political Bureau like Premier Li Qiang can no longer on par with Xi; therefore, it’s time to take advantage of this situation to clearly define the affiliation and subordinate relationship to let officials of all levels realize the decisive significance of “Two Establishes” and further achieve “Two Safeguards,” thus leading to the consolidation of Xi’s absolute authority.
In terms of its content, the revised Organic Law is to ensure a “correct political direction.” The phrase “Xi Jinping thought on socialism with Chinese characteristics for the new era” was incorporated into the Party Constitution at the 19th National Congress of the CCP in 2017 and was added into the Constitution of China at the 2018 NPC. After the amendment of organic law of the NPC in 2021 and the revision of organic laws of People’s Congress and People’s Government at local levels in 2022, the State Council has followed the model to include this ideologic doctrine as a guidance for its work alongside Marxism-Leninism, Mao Zedong Though, Deng Xiaoping Theory, The Theory of Three Represents, and Scientific Outlook on Development. Xi has not only obtained the equal position with previous leaders like Mao and Deng in his term of office but could possibly accelerate personality cult to get the title of “People’s Leader” in advance.
In terms of process, the Organic Law was first reviewed in the 6th meeting of the 14th NPC Standing Committee in October last year. It claimed that the amendment is a must for the State Council to uphold the comprehensive leadership of the Party and strengthen government’s overall constructions in the new era. It is an institutional guarantee centering on and serving people whole-heartedly, and it is also an effective means to thoroughly implement the Constitution, to comprehensively build a government of law, to significantly deepen reform of party and state institutions and to greatly advance the modernization of state governance system and governance capabilities. Based on various opinions, the NPC Standing Committer held the 7th meeting in December, highlighting “people first,” to review the adding of “resolutely adhere to administration by law” in the amendment. As a matter of fact, the repeated emphasis on “people,” and “administration by law” is mainly used as an excuse for CCP to promote centralization of power and to ensure that the State Council does not cross the line within the limit of law. In other words, the NPC is not about showing people’s opinions, and the so called “the highest organ of state power” is nothing but a rubber stamp for the CCP Central Committee.
In terms of outcome, the position of the State Council has dramatically declined, and the prosperity is about to end. The prosperous scenes in the 1980s that local offices in Beijing “sticking to ministries and brining in money” has long gone. The State Council’s functions and power have gradually been swallowed up and deprived of by various coordinated institutes and commissions of the CCP Central Committee cored on Xi Jinping since the 18th CCP Congress. Recently, the press conference by premier of the State Council after the annual session of NPC has been cancelled for this year and the future years. Li Qiang greatly flatted Xi Jinping in the Government Work Report and the revised Organic Law further hinders the State Council’s leading on making policies of economic and social development. Obviously, the State Council is about to lose its autonomy and the struggle between the South and the North Compounds in Zhongnanhai will no longer exist.
The NPC was established in 1954 and the Constitution and Organic Law of the State Council were concurrently passed. The State Council was defined as the highest administrative organ and the executive organ of the NPC then. When the “Great Leap Forward” launched in 1958, the Party’s power was reinforced in the process and the State Council had slowly become the executive organ of he Party Central Committee under the circumstances of no separation of party and government and party nationalization. It was not until 1980s that Deng Xiaoping gradually promoted separation of party and government, initiated reform of institutions, and decided, in the 13th Party Congress, that party committee at all levels would no longer appoint secretaries and standing committee members who were not working at the government but serve government officials. After that, leaders like Li Peng, Zhu Rongji, and Wen Jiabao were able to perform as Premier of the State Council. However, history always repeats itself amazingly. Xi Jinping has returned to the old tracks of Mao Zedong and the fate of the State Council is like a setting sun.
（Dr. Hsu Sheng-tai, Contract Research Fellow of the Institute of Chinese Communist Studies）
（Translated to English by Tracy Chou）
