Understanding China's Two Constitutions: Re-Assessing the Role of the Chinese Communist Party

23 Pages Posted: 30 Oct 2015

Date Written: September 14, 2015

Abstract

The relationship between the Party Constitution and the State Constitution is the most important question pertaining China’s legal development today. This essay situates the question within the larger problem of the relation between Party and law. By drawing from Chinese scholars of political constitutionalism, the author attempts to re-assess the role of the Party as the principle driver of constitutionalism with Chinese characteristics. The fundament of this relationship is the CCP’s transcendence of politics and practical and theoretical unity with China. Based on this analysis, it is further suggested that intra-Party rules and regulations play a major role as a testing ground for future laws.

Keywords: Chinese Communist Party, Constitutionalism, intra-Party regulations, China, Party Constitution, State Constitution

Suggested Citation

Mittelstaedt, Jean, Understanding China's Two Constitutions: Re-Assessing the Role of the Chinese Communist Party (September 14, 2015). Available at SSRN: https://ssrn.com/abstract=2682609 or http://dx.doi.org/10.2139/ssrn.2682609

Jean Mittelstaedt (Contact Author)

University of Oxford ( email )

Manor Road
Oxford, OX1 3UQ
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
182
Abstract Views
904
rank
203,142
PlumX Metrics