Relationship With The Communist Party
The ruling Communist Party of China maintains effective control over the composition of people's congresses at various levels, especially the National People's Congress, through this system. At the local level, there is a considerable amount of decentralization in the candidate preselection process, with room for local in-party politics and for participation by non-Communist Party candidates. The structure of the tiered electoral system makes it difficult for a candidate to become a member of the higher level people's assemblies without the support from politicians in the lower tier, while at the same time making it impossible for the party bureaucracy to completely control the election process.
One such mechanism is the limit on the number of candidates in proportion to the number of seats available. At the national level, for example, a maximum of 110 candidates are allowed per 100 seats; at the provincial level, this ratio is 120 candidates per 100 seats. This ratio increases for each lower level of people's congresses, until the lowest level, the village level, has no limit on the number of candidates for each seat. However, the Congress website says "In an indirect election, the number of candidates should exceed the number to be elected by 20% to 50%." The practice of having more candidates than seats for NPC delegate positions has become standard, and it is different from Soviet practice in which all delegates positions were selected by the Party center. Although the limits on member selection allows the Party leadership to block unacceptable candidates, it also causes unpopular candidates to be removed in the electoral process. Direct and explicit challenges to the rule of the Communist Party of China are not tolerated, but are unlikely due to the control the party center has on delegate selection.
Furthermore, the constitution of the National People's Congress provides for most of its power to be exercised on a day-to-day basis by its Standing Committee. Due to its overwhelming majority in the Congress, the Communist Party has total control over the composition of the Standing Committee, thereby controlling the actions of the National People's Congress.
Although Party approval is in effect essential for membership in the NPC, approximately a third of the seats are by convention reserved for non-Communist Party members. This includes technical experts and members of the smaller allied parties. While these members do provide technical expertise and a somewhat greater diversity of views, they do not function as a political opposition.
The NPC has not always endorsed legislation placed before it. In 1993, the NPC refused to consider constitutional amendments proposed by the Chinese Communist Party on the grounds that non-governmental organizations such as the CCP do not have authority to propose legislation. Also in 1994, the Eighth National People's Congress Standing Committee included "Income and Property Law," in the official legislative plan, but was not able to bring it to a vote due to opposition." Also efforts to impose a national gasoline tax to finance construction of the tollways met with opposition and it has been difficult for both the Communist Party of China and the State Council to pass such a tax through the National People's Congress.
Read more about this topic: National People's Congress
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