Teaching Comparative

Separation of powers in China's socialist democracy

China's official Xinhua news agency reported (August 27) on legislative events, but the language is convoluted, and I doubt that translating from Chinese is the only cause. When people struggle to slant their descriptions, language often gets warped. Reading and interpreting the reports gives students practice in using the knowledge they have and in critical thinking.

For instance, this law and the other actions mentioned below, were "approved by the NPC Standing Committee at the end of a six-day legislative session." The article also notes that "China's top legislature on Sunday voted to adopt a new law..."

And so I'd ask my students, "How is it that the NPC Standing Committee can have 'a six-day legislative session' or the 'top legislature... voted to adopt a new law...' when the NPC isn't in session?" (I would point out that a March 14, 2005 article on Xinhua's web site noted, "The National People's Congress (NPC)... ratified the Anti-Secession Law with an overwhelming vote of 2,896 for to none against on Monday... at the closing meeting of the NPC’s Third Session in Beijing...")


Top legislature adopts people's congress supervision law

"China's top legislature on Sunday voted to adopt a new law, trying to enable its lawmakers to better supervise the government.

"The Supervision Law of Standing Committees of People's Congresses at Various Levels, which would enhance the supervision power of the lawmakers and prevent administrative and judicial bodies from abusing authority, will go into effect on Jan. 1, 2007.

"It was passed at the 23rd session of the Standing Committee of the 10th National People's Congress, China's top legislature. The session was concluded here Sunday afternoon.

[Shown at right below: Wu Bangguo, at center, chairman of the Standing Committee of China's National People's Congress (NPC), the country's top legislature, addresses the closing ceremony of the 23rd meeting of the 10th NPC Standing Committee at the Great Hall of the People in Beijing, capital of China, Aug. 27, 2006.]

 "'The correct implementation of the law must be ensured,' said Chinese President Hu Jintao, also General Secretary of the Chinese Communist Party Central Committee, at a meeting with leaders of non-Communist parties, federations of industry and commerce and personages without party affiliation...

"Enhancing supervision power of people's congresses and supervision of all respects is a key content of developing Socialist democracy and implementing the basic policy of governing the country by law, Hu said.

"The stipulation of the people's congress supervision law must insist on the leadership of the Party as well as on the people as the masters of the state, and stick to governing the country by law..."

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I'd recommend that your students read the whole article and "translate" it into English that actually describes what's going on with this new law.

"I'd ask students: Which checks and balances are under consideration in China? Whose power checks or balances whose power? When the Xinhua article says, "China's top legislature on Sunday voted to adopt a new law..." Who passed the law? How many of the 2300+ delegates to the People's Congress voted for the new law? And what does that last sentence of the excerpt above say about "the Party"? Is that in the Constitution?

And I'd ask similar questions about other parts of the article.

I might also ask students questions about some related articles:

1. China's top legislature adopts corporate bankruptcy law
   
2. China to set regulations for managing foreign partnerships
   
3. China's top legislature expels three members

And I would probably refer them to the description of China's legislature in their textbook and to a "how a bill becomes a law" section of the Xinhua web site.

posted by Ken Wedding @ 8:00 AM