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Opinion
Hu Shuli

OpinionAll Chinese, even party officials, must abide by the constitution

Hu Shuli welcomes indications that China's new leaders will act to strengthen its implementation, breathing new life into the rule of law

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Xi Jinping has hinted about the need for legal restraints on China's Communist Party. Photo: Xinhua

China's new leaders are giving every impression that they intend to govern the country in accordance with its constitution. At an event last week to mark the 30th anniversary of the 1982 constitution, the new Communist Party general secretary Xi Jinping said that without implementation, the constitution would be just a piece of paper - lifeless and without authority. His remarks hit home.

Effective institutions and a system of checks and balances hold the key. They ensure that - as the work report for the 18th party congress put it - no group or individual is above the law or the provisions set out in the constitution, and none may subvert them through words or actions.

China's constitutional development over the past 100 years vividly illustrates its tortuous path to modernity. The republic's first attempt at a constitution, the 1913 "Temple of Heaven" document, included the progressive concepts of liberty, freedom and respect for civil rights. But the chaos of the time made sure it was never implemented. In the three decades after 1954, no fewer than four constitutions were drawn up. The most left-leaning among them was the 1975 document, a product of the Cultural Revolution.

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The 1982 constitution was written at a time when the country was still reeling from the devastation of the 10-year upheaval. The rule of law was weak, and there was desperate hope that a constitution could provide the foundation for political and social stability. Since then, the constitution has gone through four revisions, with a total of 31 amendments added to it. In step with China's economic development over the past 30 years, values such as the protection of private property and human rights have been included. The result is a good constitution with plenty of flexibility for change.

But although the constitution is seen as the foundation of our laws, it is rarely mentioned in daily life and seldom cited in judicial rulings. This is not the case in developed countries. This suggests that the Chinese constitution has yet to be fully applied.

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In his speech last week, Xi noted that the constitution was not being implemented in several key areas. This was especially prominent in conflicts where people's interests were being encroached. Misdeeds by government officials were common, involving abuse of power, dereliction of duty and the violation of law for personal gain. All these can seriously damage the rule of law and the constitution's authority.

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