The State Council Organic Law🧑⚖️: Revision & Implication
Written By De/Cypher Team
Two Sessions in China
The ‘Two Sessions’ are a series of meetings in China where the nation's economic, political and social course is set. The National People’s Congress (NPC) and the Chinese People’s Political China Consultative Conference (CPPCC) are the two most important meetings where policies are mulled over for implementation in the country. The Two Sessions for 2024 drew to a close on Monday 11th March, 2024. Economic announcements included a 5% economic growth rate of the Chinese GDP with a focus on nanotech, artificial intelligence and biomedicine. On the political front, a constitutional revision of the State Council Organic Law was introduced which while appearing deceptively minimalist, is an essential step in the plan laid down by the Communist Party of China of the Chinese Communist Party (CCP) in party strengthening.
The State Council Organic Law and its Amendments
The State Council Organic Law is an article in the Chinese Constitution that lays down the structure and functions of China’s highest administrative body - the State Council. The law was adopted in 1984 and was revised for the first time in 2024. The amendment saw 9 additional articles being introduced into the law and was passed by an absolute majority of 2883 votes by the NPC. The additional articles in the State Council Organic Law allow clarity on its “constitutional status, guiding ideologies, and relationship with other state organs; clarifies the functions of different State Council meetings; and incorporates existing policy measures to develop a “law-based government” [法治政府].” While minimal in appearance, the inclusion of Article 3 is most interesting to note which states explicitly that the council is to hold the leadership of the Communist Party of China in absolution and to “resolutely implement the Party Central Committee’s decisions and plans; apply the new development philosophy; adhere to law-based government administration; and correctly perform governmental functions in all respects in accordance with the provisions of the Constitution and laws.”
The Looming Economic Crisis
The move of the Communist Party to consolidate its position in such open terms for the time could be attributed to its preparation for the economic decline that is being predicted for the Chinese economy as reported by the International Monetary. Since its liberalisation in 1978, the Chinese economy has grown at a considerable pace while current predictions see those rates falling to 4.6% in 2024. A reclining real estate market, high youth unemployment, a lack of confidence in consumers and entrepreneurs and possible economic stagnation are some of the troubles that await China. This economic decline is most troubling for the CCP which has built its political and social legitimacy on the promise of great economic prosperity for the Chinese People. The neo-liberal turn that China took under Deng Xiaoping was solely for economic purposes. However, the CCP manufactured its legitimacy among the people based on three things - a highly nationalised ideological standpoint, political stability and personal safety on the promise of no competition for the party and economic prosperity for all.
The Fallout
The CCP is in all effect preparing for the fallout of the impeding economic turbulence. A series of measures have been introduced by Xi Jinping in recent times which create a narrative of personal consolidation but also party consolidation. The Xi Era has witnessed notable patterns indicating a consolidation of power in the Chinese government. These patterns include the removal of presidential term limits in 2018, allowing Xi to potentially remain in power indefinitely. This move deviated from the previous practice of leadership turnover and raised concerns about the concentration of authority. Additionally, the amendments made to the Communist Party's constitution, such as the "Two Establishes" and "Two Safeguards," aimed to elevate Xi's status as the party's core and solidify his political thought as its guiding ideology. The composition of the Politburo Standing Committee further reinforced these patterns, with the exclusion of senior figures and the inclusion of Xi loyalists, potentially diminishing checks and balances within the party. This image making of Xi Jinping as the party’s sole face and voice fits well into creating one-man heroes for the CCP. The CCP in the past has crafted Chinese history through exceptional leadership - Mao and Deng Xiaoping. The creation of the image of a powerful leader in times of trouble could potentially abate the stress that the people feel over economic hardship. The pacification of the polity through competent heads of state has been characteristic of Chinese history.
Conclusion
The CCP is preparing for an internal crisis, there is no denying that. The re-emergence of the People’s Armed Forces Departments (PAFDs) in multiple Chinese State-Owned-Enterprises (SOEs) is another instance of state preparedness for internal disorder. The Communist Party has survived so long due to the adaptability of its institutions, resilience of its practices and its capacity for innovation. While never establishing a state forward relationship with the state, the party is seeing the need for the separation of state and party to be done away with in absolution. It wants to be seen as the sole driving force of China and capable of rule under any circumstances.