Adopting historical, legal and comparative methods and incorporating knowledge and findings from multiple disciplines, this thesis not only explores political implications of those constitutional provisions and amendment regarding the Chinese presidency, constitutional significance of the CPC's political practices of decision-making such as Mao Zedong's "power of last say", his idea of "two fronts", his controversial abolition of the chairmanship, Deng Xiaoping's idea of "the core of leadership", and "diplomacy of the head of state" by Chinese presidents, thus negating the mainstream constitutional and political idea that the Chinese president is (or should be) the head of state of China, but also sheds new lights from the institutional perspective on the on-going academic discussions about the situation of rule of law in China. Since China is a great Eastern and developing country "building socialism with Chinese characteristics", this thesis also contributes to research in areas such as cold war history, the socialist government system and legal development in developing countries. / By pioneering an all-around examination on legal and political development of the Chinese presidency since its origin through different historical stages from both normative and positive aspects within the framework of the party-state, it is concluded that the Chinese presidency has evolved from a traditional Chinese title into a governmental position, and then a state institution that has a constitutional appearance of a Western semi-presidency. However, it has functioned politically in a Stalinist party-state with Chinese characteristics, whose candidate has by far been produced according to the CPC's step-by-step succession rules designated by the paramount leaders and real political decision-making power has mainly not only been limited by these succession rules, but also decided by his role and status within the CPC's supreme collective decision-making body. Underlined such decades of constitutional evolution and political dynamics have been the changing foreign influences and local demands on China. As China becomes more globalized and its traditions of "rule of man" gradually die out, law and politics surrounding this office has been more compatible, thus giving rise to a nascent rule of law. / It is widely-accepted that the constitutional office of Chinese president has undergone dramatic changes since its establishment in 1954, to its abolition in 1975, and its revival in 1982. This has been commonly attributed either to the importation of the Russian model, or the personal influences of the CPC's leaders Mao Zedong and Deng Xiaoping, or political considerations, such as the need for a head of state. This thesis questions these general, yet sometimes contradictory, account and quests for more coherent explanations for those twists and turns in the evolution of the office of president. / Zhang, Runhua. / Adviser: Michael Pendleton. / Source: Dissertation Abstracts International, Volume: 72-04, Section: A, page: . / Thesis (Ph.D.)--Chinese University of Hong Kong, 2010. / Includes bibliographical references (leaves 285-314). / Electronic reproduction. Hong Kong : Chinese University of Hong Kong, [2012] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Electronic reproduction. Ann Arbor, MI : ProQuest Information and Learning Company, [200-] System requirements: Adobe Acrobat Reader. Available via World Wide Web. / Abstract also in Chinese.
| Identifer | oai:union.ndltd.org:cuhk.edu.hk/oai:cuhk-dr:cuhk_344564 |
| Date | January 2010 |
| Contributors | Zhang, Runhua., Chinese University of Hong Kong Graduate School. Division of Law. |
| Source Sets | The Chinese University of Hong Kong |
| Language | English, Chinese |
| Detected Language | English |
| Type | Text, theses |
| Format | electronic resource, microform, microfiche, 1 online resource (x, 314 leaves) |
| Coverage | China, China, China, 1949- |
| Rights | Use of this resource is governed by the terms and conditions of the Creative Commons “Attribution-NonCommercial-NoDerivatives 4.0 International” License (http://creativecommons.org/licenses/by-nc-nd/4.0/) |
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