Chinese-Style Constitutionalism

Abstract

Currently, besides traditional national constitutionalism, there are three general approaches to constitutionalism in the world: transnational constitutionalism, theocratic constitutionalism, and party-state constitu-tionalism. The focus of this article is on Larry Backer’s research concerning China’s party-state system. Party-state constitutionalism is rooted in Marxism-Leninism, and was initially put into practice by the former Soviet Union. The People’s Republic of China in its early years largely followed in the USSR’s footsteps and developed its constitutional system under the traditional Soviet framework. However, since 1982, the Chinese party-state constitutional system has undergone several major reforms, and China has been gradually transforming into a “single-party constitutional state.” Grounded in the separation of powers between the party and the state, this new constitutional model serves to further the rule of law, reaffirm the paramount authority of the constitution, and dynamically balance the Chinese Communist Party’s (CCP’s) leadership position with the rule of law. The CCP, being an articulator of social norms and values, provides the substantive norms and values that form the basis of the rule-of-law constitution. The constitution, in turn, serves to limit the behavior of the party, so that the CCP will be subject to the constraints of the constitution and the rule of law.

Discussion on the treatment of globus hysteriocus based on mechanism

“…There are few records of topical treatments in ancient texts, and only a few records of inhalation methods. For example, the Yi Xue Gang Mu treats "pharyngeal intermediaries like stems" under the item, citing Zhu Danxi formula: for pharyngeal tuberculosis caused by damp phlegm, it is necessary to use salty medicines among the expectorants, because salty can soften and disperse the knots, such as: Gua Lou, Qing Dai, Xing Ren, Sea Clam Powder, Orange Stems, and Lian Qiao, etc., crushed, mixed with ginger juice into pills and held in the mouth [18] .Another example is recorded in the Wai Ke Zheng Zong [19] : for the treatment of globus hysteriocus with phlegm and qi intermingled in the throat, often with a prickly sensation, alum, borax, tooth soap, stellaria, and bile alum should be selected and blended into pills with date meat.In the early stage of the disease, it may vomit acid, and for a long time, it will block the operation of qi, so it should be taken with warm rice wine. Also, take Su Zi Jiang Qi Decoction orally for treatment.…”

Organisation and (Lack of) Democracy in the Chinese Communist Party: A Critical Reading of the Successive Iterations of the Party Constitution

“…It should be noted that this chapter discusses China's CCP constitution, not its state constitution. Some authors have tried to demonstrate the relationship between the two (Backer 2009;Jiang 2014). Since the Party leads the state and the people, there is an 'organic unity' between Party norms and state norms, even more so under Xi Jinping (Smith 2018).…”