The State Council of China - Essay Example

The Council of China Introduction China being a socialist is composed of a legitimate central government. The government is on democratic spectrum with one major section that covers up the social modernization concept; hence it is based on the conception of “People’s Republic of China”, where Government is a central institution and the public is a central body to get served. The Government of China is formed with a general body election which constitutes the parliament, the senate and the provincial government respectively. All the three areas operate under a central body, and that is “the State council of China”. The council administers the local and the international government plan and hence is a general body which holds the entire responsibility of serving the public and the country collectively1. The State Council of China The State Council of China is a public administration body. It is an institution which is on the highest level of administration. The members of the State Council consist of premiers, vice premiers, ministers, commissioners, general-auditors and secretary generals with a bench to form for public administration and public health service2. Security and education are part of the political system objectives and hence are covered up by the state council in respective means. All areas are under one master plan, and policies are circulated by the “State Council” for further operation. The State Council is directly connected to NPC (National People’s Congress) for passing decisions and legislation of activities. The State Council associates “National People’s Congress” and the rest of the standing committees for work order, work plan and administration3. Being on the highest level of administration, The State Council is responsible for the following functions; enactment of public level legislations, responding to top level ministries and to the local bodies, responding to commissioning authorities, formulation of social development plan, formulation of economic development plan, formulation of public health service plan, formulation of foreign policies and foreign affairs, implementing judicial legislations and vice versa4. Being a central body of command and being on top administrative function, the State Council responds with a legal way of proceeding. It applies legislative apprehensions to manage and control the governance system of the country. In China which is a Capitalist State, the law making process is under the State Council administration. This is to ensure a government system where public rights are fulfilled, and the majority of the country’s problems are under proper control, management and administration5. Role of the State Council in Law Making Process In China, the origin of law making process takes place from the State Council. The Council responds to NPC (National People’s Congress) and the other respective committees for newer or amended statutes to get applied on. It begins from top level of administration and then passed it on to rest of the lower governing bodies. The State Council proceeds with the the constitution and set it as a standard for the rest of the governing bodies. This is a standard which Council distributes to National People’s Congress and the local body administration. The objective of public service is circulated in constitutional format, and the documents are passed on as a legitimate diary for all the district authorities of the country6. The regulations developed by the State Council are passed on to the National Press Congress. This is to take suggestions from the congress if any further amendments are needed. From consensus, regulations are then passed to the local body administration, where State Council provides guidelines for integrated work management. This is to ensure a substantial administration policy to make all the authorities a subordinate of the entire work plan7. China being a second largest country by land and with a population of 1.2 billion people, the responsibility of governance is unusually high. On the same occasion, China is a single government state where the State Council is the only governing body, which forms regulations for the country, the task on central government and the State Council is higher and intense as compare to other democratic systems of the world. The scope of government is widespread and hence requires a comprehensive approach of deliverance. According to the political concerning authorities of China, this is the responsibility of the “State council” which owns the legitimate policy of the country. Hence, a running body like “State Council” can do this in China where there is the single government rule with no interference of local political groups. This is a big challenge for the State Council, NPC and the standing committees which actually decide the scope of work and administration for the governing bodies of the country8. Position in Legislative Process China, the country of more than 400 Urban districts and where there has been an evolutional industrial reform, the legislation and administrative process is quite diversified in nature. The premiers and sub premiers proceed under the NPC regulation, but the idea of work and administration is directed from the law and constitution. The State Council of China is an entity of the constitution, which design rules and regulations under the trait and conception of legislation and jurisdiction respectively. The National work policy, policy on economics, policy on education, environment or physical state developments, all is under the umbrella of State Council’s legislation and constitution. The second big governing authority in China is the National People’s Congress and its standing committee, which can agree or disagree on state council’s drafted legislations, depending on the situation. While at the same time the State Council keeps experiences on hand to formulate and design the legitimate policy and regulation, where new laws and amended ones are part of the abstract. The State Council sends legal drafts to the legitimate body and then next to the National People’s Congress for further proceeding and application. This is to bring all the bodies in one line of the constitution and to avoid the violation of the State and legislations9. The State Council look for situations where amendments are to be made plus it holds the authority to restrict the legislation process. This is to provide a strong and effective administration process to National people’s Congress and to rest of the local governing bodies for better governance and work integration10. The central function of the State Council According to article 89 of the constitution, the implementation and amendment of administrative regulations come under the frame of the State Council and is a major legislative function of the body. To administer the National work plan and implement regulations is a direct responsibility of the State Council. With such major legislative function, the State Council designs the root for upper and lower levels of authorities. This covers up developments in different subjects like economics, health, education, environment, science and technology or culture which sets the path for ideal social development. The aim is to endorse the constitution into the administrative front, which is why State Council appears as a central body of command. It enjoins upper level of government with lower administration and hence forms a legislative way of meeting the upcoming challenges11. The Council’s circle of design is broad as compare to the National People’s Congress. In the past couple of years, the State Council provided more prominent regulations as compare to the National People’s Congress. The regulations proved abundant and with a broad range of implementation, which was comparatively effective to the National People’s Congress formulations. With an exercise of legal power, the State Council is substantial in developing administrative conduct. This is proven in the recent times, as China today is the biggest business exporter in the international market with the highest rate of labor empowerment in the country12. Functions of the State Council With a decisive scope of work, here are the followings activities which the State Council of China performs: To design the administrative rules and regulations From upper governing bodies to lower work order, the State Council designs the administrative rules and regulation. The abstract and document covers up the complete implementation plan where the areas of implementation are brought under high principled conception. This is to justify that the local bodies are working according to the constitution with no violation of the law of State and jurisdiction. The design of administrative rules provided by the State Council gives a proper system to the executors, in which there is a balance of the constitution and execution at the same time. The legal abstract is distributed to both central and local governments, while the State Council remains at the centre. This is to supervise and monitor the system of governance in an integrated manner13. To pass on drafts to the National People’s Congress State Council being a central governing body, holds a direct leadership role in the country. It is connected with National People’s Congress in parallel means and is authorized to pass draft of laws directly to its standing committee. Depending on the conditions, the State Council designs a legal abstract, which is to be accepted or rejected by the National People’s Congress, depending on the nature of contradiction and execution. In other democratic countries of the world, where democracy is the supreme law, the Heads of the States or Presidents take decisions on the legislative front and decide which laws are to be passed on and which are not, this is because they are an image of the public, so a standard committee accepts the float of the national interest. Within China the scenario is a little different, as the power of command is in the hands of State Council. The institution (State Council) directs laws to next institution (National People’s Congress) and operates under the integrity of their application14. The State Council design laws, while the rest of the governing committees take executive actions. The actions are to be matched with the Council’s abstract; which is a central objective of centrally governing body (State Council)15. Provision of new laws With an authorization by National People’s Congress, the State Council participates in the provision of newer laws. Areas of judiciary, civil rights and rights of freedom are subjected by the State Council. The State Council passes new regulations and suggests if further amendments are required in the respective areas of concern. All of this takes place under the authority given by the National People’s Congress. These are in the special cases as the State Council gets authorized for dealing with special areas of concern, which are apart from the general functions of the State Council. This function is separate from regular ordinary functions of the State Council, as it is assigned by another institution which could be a legislative body like National People’s Congress and its standing committee. This is form of one transferred power which State Council exercises for the betterment and substantiality16. State Council is a flexible institution and hence prioritizes problems according to the requirement and necessity. National People Congress is a public administration entity; hence the priority of State Council in dealing with civilian problems is more than participating in other areas of concern17. Authorized analysis of Local Government decisions The State Council being a supreme institution of China is associated with heads making decisions. If any decision of any subsidiary is wrong by any means, the State Council has the authority to access and cancel the decision at the first time. By means of the rights given to State Council, the Council can accept or reject the decisions made by the heads. Apart from all the State Council can also change the decision or amend it for better implementation and results. This is for the objective of serving public and for securing the legislation’s perspective. Rules and regulations made by the local body heads are also under assessment of the State Council. State Council is authorized to supervise the procedure of forming regulations. This is to match the rules with the State’s constitution and to bring decisions on the right node of legislation. Decisions of ordinances and decisions on local government administration are with the supervision of the State Council. It is the responsibility of the Council to strengthen other institutions by giving them the right code of conduct for the betterment of the public and the State at the same time18. “The State Council supervises the regulation making process”. From this statement it is assured that in China, Constitution is of parallel importance and so as the State Council. For this reason, it is confirmed that in China all the local governments are following the same tradition and have very less chance to get involved into corruption. The law is prevailing throughout the country which actually has strengthened the institutions to work for the public and for performance at deliberate means. Important decisions of the State Council According to article 89 of the Constitution, the State Council is authorized to exercise 17 powers in the country. The origin is from the constitution and then powers are exercised on distributive channel. With the rights of changing decisions and amending regulations, the State Council is authorized to control and manage the governance system in the country. With 17 powers of exercise, the State Council is connected with State commissions, local body administrations, ministries, provincial and central administrations and both premier and sub premier entities respectively. Both central government and provincial government are respondent to the State Council19. Here is a list that gives the circle of the State Council’s control in the country: To lead the social and economic structure of both urban and rural areas of the country. To frame the regulations of socioeconomic system of the country. To make important decisions in budget planning and development. To manage the entire education system and take important decisions for the amendments or changes required at any level of the State. To manage the social welfare system, where civil administration and civil service are major areas of concern. To administer the country’s defense system and make important decisions for empowering the material law in respective regions. To design and manage the judicial system in order to ensure the public security and civil rights at the same time. To make regulations on the foreign affairs conduct and make important decisions on the international forum. To manage the ethics and ethnicity in the country, in order to secure the rights of minorities in the country. To shelter and secure property, life and assets of minorities and provide equal rights to all the citizens of the State20. To get involved in the National world politics and in decisions made by the National People’s Congress and its standing committee. To decide and regulate the National level policies and fundamentals in the role of Premiers and Vice premiers. To supervise and commission the taxation system of the country. This is to control the tax collection from the Industrialists and Bureaucrats in order to maintain and manage the tax system of the country21. Division of Power by the State Council Being a supreme authority of China, the State Council is a central body that holds several departments to design regulations. Commissions, ministries, auditing generals and other administrative bodies are part of the State Council itself. The governing authorities know them as departments of the State Council, because they can make decisions and amendments if needed for betterment. It depends on the requirement that how much amendment is needed and how much central State Council can allow it. The departments made decisions are not changed until and unless they are contradictory in terms of the State Council central decisions. Enjoining the central government and local government, departments of the State Council are responsive to the State Council legislation and if changes are required the permissions are granted by the Council under the supervision and monitoring22. Fundamentally there are common decisions taken by the Central government and the State Council. Those decisions are developed by consensus, but there are other decisions that are taken at the lowest level which could be contradictory. In that case the State Council emerges with the bodies and provides a consensus made the decision for better implementation. Conclusion In a single government state like China, a second largest country by land, there are several challenges present in the country. Challenges in the education, economic and public administration sector are side by side with the Government. The governance system is partially centralized and functional with the rules of Capitalism. With several challenges, the State Council of China is effectively present in the country. The Council is a central governing body which is connected with the National People’s Congress, another strong institution in the country. The State Council holds the responsibility of country’s important decisions in which decisions of central state level and local bodies both are part of the challenge. The State Council holds a supreme authority of command, as it designs, regulates and controls the administrative rules and regulations of the country. These regulations are then floated to the central government and the local governments. All levels of the government then work according to the statutes and constitution23. The State Council originates from the Constitution and holds the authority to impose legislations in all the administrative organs of the State. Different areas like health, education, social development and judiciary operate under the supervision of the State Council. The Council is a reflection of the Constitution and exists to implicate the legislative code of conduct. With such widespread role of the State Council, it is assured that the Council is a central institution and holds a major responsibility in the country like China. China being a second largest country by land and with a population of 1.2 billion people, understands the need of an institution like the State Council24. The importance of State Council is reflected from the governance system which is prevailing in the country. With no doubt the system holds the supremacy of the institution, which is directly planning and working for the betterment of public and the State25. Today China is the second largest business exporter and a big name in the international market26. In such a big success story of the country, the economists and business experts give credit to the governance system of China, where Constitution is the supreme law and institutions are pillars of Constitution. The State Council is part of the Constitution and a governing body which establishes an effective governance system in the country27. BIBLIOGRAPHY Chan, Hon. Downsizing the Central Government: The Case of the Peoples Republic of China. Research report, Hong Kong: City University of Hong Kong, 1999. Chen, Jianfu. Chinese Law: Context and Transformation. Leiden: Martinus Nijhoff Publishers, 2008. Day, Kristen. Chinas Environment And The Challenge Of Sustainable Development. New York: M.E. Sharpe, 2005. Dumbaugh, Kerry, and Michael Martin. Understanding Chinas Political System. New York: DIANE Publishing, 2010. Faulkner, Margaret. The Chinese Academy of Social Sciences (CASS): Shaping the Reforms, Academia and China. Leiden : BRILL, 2007. Fewsmith, Joseph. China Today, China Tomorrow: Domestic Politics, Economy, and Society. Plymouth: Rowman & Littlefield, 2010. Jones, William. Basic Principles of Civil Law in China. London: M.E. Sharpe, 1989. Kariyawasam, Rohan. Chinese Intellectual Property and Technology Laws. Northampton: Edward Elgar Publishing, 2011. Paler, Laura. "China’s Legislation Law and the Making of a." The China Quarterly, 2005: 301-312. Yongnian, Zheng, and Joseph Fewsmith. Chinas Opening Society: The non-state sector and governance. New York : Routledge, 2008. Zhu, Yu. New Paths to Urbanization in China: Seeking More Balanced Patterns. New York: Nova Publishers, 1999. Zou, Keyuan. Chinas Legal Reform: Towards the Rule of Law. Leiden: Martinus Nijhoff Publishers, 2006. Read More