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The Role of the President in the Chinese Government: A Constitutional Analysis - Prof. Sin, Study notes of Geography

A detailed analysis of the president's role in the chinese government, focusing on the constitutional framework and the actual power dynamics. It examines the president's election process, qualifications, functions, and powers, highlighting the interplay between the president, the national people's congress, and the communist party. The document also discusses the historical evolution of the president's position and the current status of xi jinping's leadership.

Typology: Study notes

2023/2024

Available from 02/02/2025

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Constitution of China
President
In the Republic of China, the post of President is merely ceremonial
This is evident from the fact that this post was abolished in the constitutions of
1975 and 1978
It has been revived in the present constitution
Election and qualifications-
Article. According to Article 79, the President is elected by the National People's
Congress. His term is 5 years.
Congress can also remove him before time.
No person can become President more than twice.
According to the recent amendment in the Constitution, the current President Xi
Jinping, who was elected President in 2012, has declared himself eligible to remain
President for life.
A person who is a citizen of China, has attained the age of 45 years and has the right
to vote can become a candidate for the post of President.
On the vacancy of the post of President, the Vice President assumes office.
On the vacancy of the post of Vice President, Congress elects the Vice President.
On the vacancy of both the posts, Congress elects for both the posts. Before the
election, the Chairman of the Standing Committee assumes office.
Functions and Powers- Article. 80 and 81
1. To declare laws and ordinances as per the decisions passed by the Congress and
its Standing Committee
2. To appoint and remove the Prime Minister, Deputy Prime Minister, State
Councilor, other ministers, Auditor General and Secretary of State Council
3. To distribute honorary titles and state medals
4. To issue orders of special pardon
5. To declare martial law and war
6. To represent the state in foreign relations
7. To receive foreign diplomatic representatives
8. To appoint and recall diplomatic representatives in other countries
9. To ratify and cancel treaties and agreements made with foreign countries
Actual position of the President-
According to the Constitution, the President is a formal head, he exercises all the
powers not independently but at the will of the Congress and the Standing
Committee
His power depends on his position in the Communist Party Depends on the party's
position
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Constitution of China

President

 In the Republic of China, the post of President is merely ceremonial  This is evident from the fact that this post was abolished in the constitutions of 1975 and 1978  It has been revived in the present constitution

 Election and qualifications-

 Article. According to Article 79, the President is elected by the National People's Congress. His term is 5 years.  Congress can also remove him before time.  No person can become President more than twice.  According to the recent amendment in the Constitution, the current President Xi Jinping, who was elected President in 2012, has declared himself eligible to remain President for life.  A person who is a citizen of China, has attained the age of 45 years and has the right to vote can become a candidate for the post of President.  On the vacancy of the post of President, the Vice President assumes office.  On the vacancy of the post of Vice President, Congress elects the Vice President.  On the vacancy of both the posts, Congress elects for both the posts. Before the election, the Chairman of the Standing Committee assumes office.

 Functions and Powers- Article. 80 and 81

 1. To declare laws and ordinances as per the decisions passed by the Congress and its Standing Committee  2. To appoint and remove the Prime Minister, Deputy Prime Minister, State Councilor, other ministers, Auditor General and Secretary of State Council  3. To distribute honorary titles and state medals  4. To issue orders of special pardon  5. To declare martial law and war  6. To represent the state in foreign relations  7. To receive foreign diplomatic representatives  8. To appoint and recall diplomatic representatives in other countries  9. To ratify and cancel treaties and agreements made with foreign countries  Actual position of the President-  According to the Constitution, the President is a formal head, he exercises all the powers not independently but at the will of the Congress and the Standing Committee  His power depends on his position in the Communist Party Depends on the party's position

 If the Communist Party appoints a first-class leader to this position, the position of President can become extremely powerful  Xi Jinping is the current President, Supreme Leader of China, President, General Secretary of the Communist Party, Chairman of the Central Military Commission and President of the Central Party School