Foreign Relations of the United States, 1949, The Far East: China, Volume VIII

893.00/9–2449: Telegram

The Consul General at Peiping ( Clubb ) to the Secretary of State

Peiping , September 24, 1949.
[Received September 25—11:53 a. m.]

1615. Report of CCP CC⁷² Politburo member Tung Pi-wu to PCC on drafting and contents organic statute Central People’s Government, September 22, was summarized in NCNA English language release September 23. In view its importance full translation report as printed Kuang Ming Jih Pao, September 23, follows:

Draft organic statute of Central People’s Government was drawn up by subcommittee, 25 members including myself, committee chairman (Tung Pi-wu) and vice chairman. Except for Democratic persons cultural educational field, all other units participating PCC preparatory committee, 23 in all, including Democratic parties and groups, people’s organizations and professors, were represented on drafting committee. Group called first full meeting June 18, at which time views were exchanged and Chang Chih-jang and six others were designated to map out outline for discussions. On basis outline submitted by outline drafting committee, “basic questions concerning organic statute of Government”, discussions were held by group in its second full meeting July 8. Views expressed by members were basically in agreement. Tung Pi-wu, Chang Hsi-jo, Yen Pao-hang, Wang Kun-lun, and Chang Chih-jang were designated to make preliminary draft of organic statute government. Drafting committee had three meetings in all and succeeded in writing first draft of statute, views of such experts as Chien Tuan-tshang, Wang CM and Teng Chu-min were sought on draft. On August 17 group had third plenary meeting at which time amendments were made to first draft of statute. This was then submitted to standing committee of new PCC HKE [sic] committee. On August 27, at fourth regular meeting standing committee new PCC preparatory committee, Huang Yen-pei, Ma Hsu-lun, Chang Hsi-jo, Li Li-san and I were designated further to amend draft. After some changes in wording in “draft organic statute of Central People’s Government of People’s Republic China” at fifth standing committee meeting September 13, draft was passed in principle at second plenary session new PCC preparatory committee September 17. Tung then proceeded to explanation various points concerning draft organic statute stating:

(1) Question of name of state. We have adopted name “People’s Republic of China” because term “Republic” explains our political entity and term “people” signifies today’s new democratic China of working class, peasant class, petty bourgeoisie and national bourgeoisie and implies people’s democratic dictatorship. It is thus unnecessary to repeat term “democratic” in the name.

(2) Question of characteristics of state. State is instrument used by ruling class to repress ruled classes. Hence we must explain clearly interrelationships among various classes under people’s democratic dictatorship of today. Outstanding characteristic of new democracy of China lies in alliance four class[es], based on alliance worker and peasant classes led by working class. On this point all were in agreement.

(3) Principles governing organization government. Principle—is democratic centralism. It has as its concrete form a government based on system people’s representative assemblies. In other words the people exercise state power through various levels of people’s representative assemblies and various levels of people’s government. People’s representative assemblies are elected by means universal suffrage and people’s governments in turn are elected by the assemblies. During adjournment of various strata of people’s representative assemblies, various levels of People’s Government will be authority exercising the state powers. Supreme state authority of nation is the national people’s representative congress. Principle of democratic centralism is in contradistinction to separation of powers of old democracy. Parliamentary system is one by which part of bourgeoisie in power allow[s] another small group, so-called opposition, to air their empty talk in conferences, while people in power hold tight their administrative prerogatives and maintain rule to their own advantage. It is trick played by exploiting class before eyes of broad masses people for facilitating sharing of spoils, and sort of democratic system purposing swindling the people. Nominal independence judicial power in fact similarly serves interests ruling class. We do not want have this kind system. Our system is one combining legislative and executive and centralization of all powers in government of people’s representative congress.

(4) Pending convocation all-China people’s congress, which will be elected by universal suffrage, plenary meeting of Chinese people’s PCC will exercise functions and powers of people’s congress, elect Central People’s Government council of People’s Republic of China, and exercise powers of state. After Central People’s Government council has been elected, national committee elected by Chinese people’s PCC will become consultative body of various parties and groups and people’s organizations outside organs of state power.

(5) Functions and powers of Central People’s Government council stipulated by draft organic statute are 10 in number. Externally council represents People’s Republic of China and internally it directs exercise state power.

(6) Draft organic statute stipulates that Central People’s Government council shall set up political affairs council as highest executive organ of state, people’s revolutionary military committee as highest military organ of state, supreme people’s court and office procurator general.

Tung Pi-wu then dealt with several questions concerning organization and functions and powers of Central People’s Government council. He declared that as stipulated in draft, council shall be composed of chairman, several vice chairmen, number of members to be elected by plenary session people’s PCC, and secretary general to be elected by council itself. Chief of political affairs council shall be called premier. Central People’s Government council shall make appointments or approve appointments of chairman, vice chairmen and principal administrative personnel of various administrative areas, and of various provincial and municipal people’s governments at proposal political affairs council. The term “approval” is used because chairman and vice chairmen in certain administrative areas and provincial and muncipal governments may be placed in office by election in which case all Central People’s Government will do is to endorse their appointments. Finally Tung Pi-wu touched on question organization political affairs council. He said that according to draft, council shall comprise premier, several vice premiers, secretary general, and members to be appointed by Central People’s Government council. Members of council may serve in concurrent capacity as ministers or chairmen various committees. Premier shall control affairs of council. Vice premiers and secretary general shall assist premier in performance his duties. Political affairs council shall have under it political and legal committee, financial and economic committee, cultural and educational committee, people’s supervisory committee, and 30 ministries (secretaries), committees, yuan offices and bureau[x]. The four above-mentioned committees shall be responsible for direction ministries, committees, yuan offices, bureaux with which they are related in performance their duties.

Regarding this Tung explained:

(1) Members political affairs council may fill in concurrent capacity posts minister or chairman various committees. In other words ministers and chairmen committees are not necessarily members council. Political affairs council will have under it 30 ministries, committees, yuan offices and bureaux. If all chiefs were appointed council members in addition to members of council without portfolio, council membership would be too big and it would be difficult conduct meetings council satisfactorily.

(2) Political and legal, financial and economic, cultural and educational committees have been placed on same plane in order facilitate their giving assistance to political affairs council and maintaining liaison and direction over various competent organizations in performance their duties. Various organizations are thus subject to direction from two sides, namely direction political affairs council on one hand and direction committee to which they properly belong on other.

(3) Duties of people’s supervisory committee lie in investigation as to whether or not administrative personnel satisfactorily discharge their duties; it is different from office of procurator in that the subordination of the committee to political affairs council enables it to keep in closer contact with and have better knowledge of various administrative organs and makes its performance of duties much easier than (office of procurator) which is under direct control centridas [government council?].

(4) There will be established under political affairs council 30 organs exclusively in charge administrative affairs. This is because, in order shift its efforts of construction, our People’s Republic must set up a few more organs to assume charge financial and economic affairs. There is provided in our organic draft stipulation, however, to effect that Central People’s Government council is authorized when necessary to effect addition or reduction or amalgamation of members, ministries, committees, yuan offices, bureaux or offices of political affairs council upon resolution that effect. Since we have drawn up such a flexible stipulation, work of government will be much easier.

Sent Dept, repeated Shanghai 1006; Tientsin by mail.

Clubb

72. Central Committee of the Chinese Communist Party.