Constitutional and Legal Status of the President of the Republic of China

Constitutional and Legal Status of the President of the Republic of China

Авторы: Базина Ольга Олеговна, Кузнецова Тамара Олеговна, Лейбо Юрий Иванович, Молчанова Дария Кирилловна, Славкина Наталия Алексеевна ЧИТАТЬ
Bazina O.O. Constitutional and legal status of the President of the Republic of China /O.O.Bazina, Y.I. Leibo, T.O.Kuznetsova, D.K.Molchanova, N.A.Slavkina // Revista OPCIÓN. Vol 34, No 14 (2018): Edición Especial. Pp. 1071-1094.

The purpose of this study is the analysis of the institution of the head of state “with Chinese specifics”. The analysis covers the correlation of “de jure” and “de facto” statuses of the head of state on the political arena of the People's Republic of China; according to the existing political custom, the offices of the head of state of the People's Republic of China, of the general secretary of the Communist Party of China, of the chairman of China’s Central Military Commission (chairman of the Central Military Commission of the Communist Party of China), of chairman of the Central National Security Commission are assumed by the same person – Xi Jinping. Special attention is drawn to the powers of the president and peculiarities of the vesting with power.
The following conclusions should be outlined among others:
-    the head of state in the People's Republic of China is a sole authority, which is confirmed by the concentration of all powers: political, military and state – in the hands of a single person;
-    political and state powers are transferred to the candidate prepared in advance;
-    the procedure of the powers transfer fr om one generation to another starts at the congress of the Communist Party of China prior to the spring session of the National People's Congress wh ere the general secretary is elected and becomes the president of the People's Republic of China upon the results of parliament spring session.

Ключевые слова: People's Republic of China, head of state, Constitution of 1982, president of the People's Republic of China, institution of continuity, general secretary of the CPC, appointment to the office, powers
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