國立臺灣大學政治科學論叢

Abstract / Chinese PDF Download

Before the Chinese Communist Party (CCP) founded the People’s Republicof China (PRC), it used a “trio system” in which the Communist Party built acoalition government with other parties and political groups. In the theory of the“doctrine of new democracy,” although the leadership of the party was paramount,the participation of other classes was also stressed. In other words, before thePRC was established, there was some kind of “logic of the republic”, that is, alogic directed by the will of people and regulated by the norms provided by theconstitution. Article II of the constitution of the PRC also stipulates that: “Allpower in the People’s Republic of China belongs to the people.” According to thisarticle, the People’s Congresses at various levels exert supreme power. However,in reality, the CCP is the actual power holder. Usually, the “logic of the partystate”overrides the “logic of the republic”, since the CCP holds real supremepower. Officials are ultimately accountable not to the People’s Congress, but tothe party committee.

More interestingly, there have been emerging signs of a return of the “logic ofthe republic” in recent years. There are several driving forces behind these signs.The first is the appearance of the “constitutionalism argument,” which takesseriously the constitutionally stipulated state institutions of the PRC. For example,the supervision function of the People’s Congress has been emphasized. Another is the awakening of the consciousness regarding citizens’ rights, and the growinginfluence of the internet in spreading information. These two factors have promptedincreasing mass protests and other non-institutional political participation. In facingthese challenges, government officials not only have to be accountable to the party,but also to respond to citizens’ demands. However, the party-state has been clearlyaware that these changes constitute potential challenges to the “logic of party-state.”The party-state has responded with flexibility on occasions, but ultimately it hasresolutely defended its monopoly on power and right to make ultimate politicaldecisions.

This article will explore this phenomenon through discussion of several casesof constitutional change. The findings of this article will be put into a dialogue withexisting literature on the contemporary Chinese state and regime in order to shedmore light on the possible paths of the future transition of China’s authoritarianparty-state regime.