The genesis of public authorities and administration of the People's Republic of China
The establishment of the best work experience in the field of public authorities in the course of research is currently seen as one of the most important urgent scientific and practical problems. In this regard, the author has attempted to analyze the genesis of public authorities and administration of the People's Republic of China. In the course of the research, the author found that for a number of decades, the leadership of the People's Republic of China has been focusing on building a strong and effective state apparatus. Against this background, there is a constant increase in the requirements for the staff of civil servants, and this type of activity begins to turn into a long-term state task. The novelty of the research lies in the fact that this scientific work is devoted to the consideration of one of the best state practices for improving the activities of public authorities and management of the People's Republic of China in the early 2020s. The practical significance of the work is due to the possibility of using Chinese innovative forms and methods in the field of public administration and improving the professional qualities of the personnel of the Russian Federation working in this field.
Keywords: People's Republic of China, Constitution, public authorities, public administration, separation of powers, executive power, public policy.
In 2019, the People's Republic of China (hereinafter referred to as the PRC, China) celebrated the 70th anniversary of the founding of the state in 1949. From the first days of the emergence of the Chinese state to the present, domestic scientists and practitioners have been paying special attention to everything that is happening in China. At the same time, Russian specialists engaged in the study of the problems of Chinese statehood are particularly interested in issues related to the state system of the People's Republic of China, and primarily various aspects related to the functioning and reform of the system of state authorities and management of the country.
However, it must be recognized that domestic and foreign historiography did not sufficiently pay attention to the problems of the genesis of the organs in question, especially during their formation. But this is a very important problem, in particular, from the point of view of assessments of current events related to the changes taking place in these bodies.
Meanwhile, the successes of state-building in the PRC have not ceased to arouse special interest in this problem among theorists and practitioners for many years and are the subject of discussion among representatives of various scientific circles. In this regard, in the early 2020s, against the background of increasing interest in the Chinese phenomenon, the issue under consideration is beginning to acquire special importance, since studying the positive experience of the Chinese authorities in improving the activities of public authorities and management in a situation with an unstable international situation and various crisis phenomena looks extremely necessary.
At first glance, it may seem that the system of government in question bears great resemblance to the existing similar system in the Soviet Union. In this regard, it is important to emphasize that, according to domestic researchers, at the dawn of the emergence of the PRC, Soviet specialists assisted the Chinese leaders of the country on issues related to further public administration and the construction of public authorities. In particular, Professor L.M. Gudoshnikov pointed out the unity of the essence of the state authorities and administration of the People's Republic of China and the Soviet Union and other countries of the socialist camp <1>.
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<1> See: Gudoshnikov L.M. Higher bodies of state power and public Administration of the People's Republic of China / Academy of Sciences of the USSR, Institute of Law named after A.Ya. Vyshinsky. M.: Publishing House of the Academy of Sciences of the USSR, 1960. p. 18.
But at the same time, a detailed study of the structure and activities of the bodies under consideration allows us to conclude that in the process of their organization and formation, not only the experience of the Soviet Union was taken into account, but also the peculiarities of Chinese specifics, which made it possible to create a unique model of the state system, which differs from both socialist countries and capitalist states. This, in particular, was pointed out by Professor L.D. Voevodin at the beginning of the formation of the new Chinese statehood in the 1950s, noting that the PRC since its inception in 1949 combines Marxist-Leninist ideology and Chinese reality <2>. To the above, we can add that this situation continues to persist in the early 2020s of the XXI century.
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<2> See: Voevodin L.D. The State system of the People's Republic of China. Moscow: Gosyurizdat, 1956. p. 25.
It is impossible not to agree with the position of domestic Sinologists, according to whom, for a long time, the most important goal of the Chinese state was to preserve national identity. For this reason, back in the 1920s, the Chinese leadership took advantage of the experience of the Soviet Union, which offered the world a more advanced state management model, which was an alternative to the Western system. The Soviet state model was more interesting to the Chinese leadership, since it preserved the basic principles of the traditional state, which was based not on political competition between parties, but on the power of an authoritative politician <3>.
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<3> See: Vinogradov A.V. Competition of social systems: the international significance of Chinese authoritarianism. 70 years of the modern Chinese state: proceedings of the annual scientific conference of the Center for Political Research and Forecasts of the IDV RAS (Moscow, March 20 and 22, 2019). Moscow: IDV RAS, 2019. p. 13.
At the turn of the 1930s - 1940s, in general, the main directions of the social and economic beginnings of the formation of post-revolutionary Chinese statehood were outlined in the format of a new democracy project, the meaning of which was reduced to the importance of long-term coexistence of different Chinese social classes dictated by the individual conditions of China, due to the need to use all possible resources to achieve effective development of economic the foundations of the state <4>.
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<4> See: Pivovarova E.P. 70 years of the PRC: from the program of "new democracy" to the creation of a "new integral society". 70 years of the modern Chinese state: proceedings of the annual scientific conference of the Center for Political Research and Forecasts of the IDV RAS (Moscow, March 20 and 22, 2019). Moscow: IDV RAS, 2019. p. 21.
The current system of state authorities and administration of the People's Republic of China was formed and formalized by constitutional and legal consolidation in 1954. In 1949, after the victorious end of the Chinese Communist Party (hereinafter - CPC) civil war, the People's Republic of China was formed from 1949 to 1954, namely from the moment of the emergence of the People's Republic of China and before the adoption of the Constitution of the state, During the transition period, there was a stage in the operation of the temporary system of government agencies in the country. At that time, the functions of the supreme representative body of state power were vested in the plenary session of the People's Political Consultative Council of the People's Republic of China, at which in September 1949 the most important constitutional laws were adopted, which laid the foundation for the state system of the People's Republic of China <5>.
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<5> See: Troshchinsky P.V. Supreme bodies of state power and management in the initial period of the PRC's existence (1949 - 1954) (historical and legal aspect). 70 years of the modern Chinese state: proceedings of the annual scientific conference of the Center for Political Research and Forecasts of the IDV RAS (Moscow, March 20 and 22, 2019). Moscow: IDV RAS, 2019. p. 326.
Today, the PRC is a state with a unitary structure. The exercise of authority takes place through the central state body - the National People's Congress (hereinafter - the National People's Congress) - the highest body of state power. The permanent body of the National People's Congress is the Standing Committee of the National People's Congress (hereinafter - the PC of the National People's Congress) <6>.
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<6> See: Zaitseva T.R. Constitutional foundations of the political system of the People's Republic of China: legal consolidation and development problems. Science and education: economy and economics; entrepreneurship; law and management. 2016. N 10 (77). P. 84.
The structure of the supreme authorities of the People's Republic of China differs from many foreign systems in its originality and individuality. At the same time, it is characterized by the unity of all its constituent elements without exception, with clearly delimited powers among all authorities. Domestic scientists also expressed their opinion on this issue, noting that all state bodies of the People's Republic of China, without exception, are endowed with certain tasks that arise from the functionality of the state at this stage of its development <7>.
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<7> See: Kondratiev R.S., Grachev L.A. The state system of the People's Republic of China. Moscow: Gosyurizdat, 1959. p. 54.
It is important to emphasize that the legislative framework of the civil service of the People's Republic of China, unlike, for example, similar legislative norms of the Russian Federation and the countries of the European Union (hereinafter referred to as the EU), has certain features. In particular, in the legislative norms of the People's Republic of China relating to the issue under consideration, the civil service is conceptually characterized in a completely different way than in EU legislation. In addition, within the boundaries of the Chinese civil service system itself, the division does not occur by type of service, but on the basis of the type of activity of employees. And yet, in the People's Republic of China, the institute of civil service is distinguished by integrity, it is considered as a single legal entity. Clear lines are drawn only according to the level of requirements regarding the professional qualities of applicants for positions of the bodies under consideration <8>.
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<8> See: Sevalnev V.V., Tsirin A.M. The experience of the best practices of the civil service of China and Russia // Journal of Foreign Legislation and Comparative Jurisprudence. 2018. N 6 (73). p. 154.
Having strengthened the power vertical, the People's Republic of China in the conditions of the new millennium demonstrates an extraordinary growth in the economic, spiritual and moral potential of the country, despite the fact that the system of government is a symbiosis of the socialist and capitalist management model. A certain duality is largely due to the functioning of two different approaches to the organization of the system of government in the PRC. For example, in accordance with the Constitution of the People's Republic of China in 1982, state power in the main part of the country is exercised by the National Assembly and local assemblies of People's Representatives <9>. And the power of the Hong Kong Special Administrative Region (formerly Hong Kong) is exercised in the form of legislative, executive and judicial branches <10>.
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<9> See: Constitution of the People's Republic of China dated December 4, 1982 (as amended in 2018).
<10> See: Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China: adopted in 1990 by the session of the National People's Congress.
Among other things, it should be said that China has managed to form a system of multi-level control over the activities of public authorities, called an efficiency audit.
It is important to note one more fact. So, in particular, China has managed to build an effective system to stimulate the activity of civil servants within the executive vertical of power. Also, the state apparatus of the People's Republic of China has a very strict system of checks and balances, allowing for thorough cross-checks of the activities of various public authorities. At the same time, the inspection bodies are constantly rotated in order to minimize the occurrence of corruption components <11>.
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<11> See: Gudoshnikov L.M., Aslanov R.M., etc. How China is governed. The evolution of China's power structures in the 80s - 90s of the XX century: scientific ed. / edited by M.L. Titarenko. M.: Institute of the Far East of the Russian Academy of Sciences, 2001. 420 p.
It is noteworthy that the country has achieved phenomenal results in countering corruption, embezzlement, and embezzlement in public authorities <12>. Those guilty of committing corruption crimes are prosecuted for long terms and life imprisonment, as well as the death penalty in the form of execution <13>.
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<12> See: Sukharenko A.N., Truntsevsky Yu.V. Chinese experience in fighting corruption: state and trends // International public and private law. 2016. N 4. pp. 40 - 42.
<13> See: Kobets P.N. Features of anti-corruption in China // Business security. 2017. N 5. P. 27.
A few words should be given to the institute of the Head of State of the People's Republic of China, since it also has its own Chinese specifics. Thus, in connection with established Chinese political customs, the posts of the head of state - the Chairman of the People's Republic of China, the General Secretary of the Communist Party of China, the Chairman of the Central Military Council of China, the Chairman of the State Security Council of the People's Republic of China have been occupied by the same person - from 2013 to the present Xi Jinping. His powers include, among other things, the publication of normative legal acts that are ceremonial in nature, as well as those that are formalized by decisions of the NPC and the NPC PC <14>.
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- <14> See: Maksimova O.O. Formation of the legal status of the President of the People's Republic of China in Chinese legislation // New aspects of socio-political development of the People's Republic of China: materials of the annual scientific conference of the Center for Political Research and Forecasts of the IDV RAS. Ser. "Society and the state in China during the reform period" / ed. A.V. Vinogradov. 2015. p. 171.
As the study showed, the system of public authorities and administration of China throughout almost the entire period of the PRC's existence continues to combine the properties of parliamentarism, which are expressed in the organization of the functioning of the National People's Congress, as well as the qualities inherent in one-party management systems. In this regard, it is safe to say that currently the PRC is actively and effectively improving public administration, demonstrating a variety of approaches to this process. In addition, consideration of the Chinese experience in improving the mobility of public authorities and management made it possible to identify their characteristic features and positive trends that may be useful in the case of the implementation of the identified areas of improvement of public policy of the Russian Federation.
