China’s supervisory commissions and 2018 constitutional amendment

Abstract

China’s 2018 constitutional amendment has marked a milestone in Chinese history and it is considered to be the most important revision since the adoption of the Constitution. There are three main reasons explaining this: first, the new revision boosts the centralization of power in the hands of Xi Jinping; second, it reaffirms the supremacy of the CCP and its leading role; third, it introduces a new constitutional organ: the supervisory commissions. The introduction of supervisory commissions as constitutional organs is the focus of this dissertation. The first chapter describes the history of supervisory commissions since the establishment of the CCP and their function in disciplining Party members. The second chapter, in the first place, analyses 2018 constitutional amendment and its implications as an event of the new Chinese leadership, next, it analyses the contents of the new supervisory law, approved on March 20, 2018, describing the organization of the supervisory system, and its main roles of supervision and investigation. The last chapter focuses on the debate regarding the constitutional amendment, and, specifically, the supervisory organs; moreover, it analyses the implications of the creation of the supervisory commissions and the problems that may appear when it comes to the integration of their powers with those of the judiciary organs.