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2 The Communist Partyand the Law

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Chapter Summary

This chapter attempts to expound and assess the relationship between the Party and the law by looking into several key areas where the Chinese Communist Party (CCP) and the law interact. There are a number of provisions in the 1982 Constitution trying to reduce the Party control of the legal system, such as the provision that all state organs, the armed forces, all political parties and public organisations and all enterprises and undertakings must abide by the Constitution and the law. The other point we have to bear in mind is the paradox existing in China's current legal reform, i.e., the rule of law process was initiated by the CCP but the CCP itself could become the target to be trimmed and constrained in such reform. In this sense, the Party may not survive the legal reform if it does not reform itself to correspond with legal developments.

Keywords: Chinese Communist Party (CCP); party constitution

10.1163/ej.9789004152328.i-266.14
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