The Constitution Provides the Legal Foundation for Upholding Party Leadership

From the perspective of the development of China’s rule of law, commitment to the organic unity of Party leadership, the people running the country and law-based governance is a guideline that runs from beginning to end. The Party leads the people in formulating, enforcing and safeguarding the Constitution and statutes. Meanwhile, the Constitution should provide powerful legal support for upholding Party leadership. Its Preamble has affirmed the Party’s leading position in China, and the Constitution includes in its General Principles the sentence that “The defining feature of socialism with Chinese characteristics is the leadership of the Communist Party of China” as a stipulation concerning the basic system of the state and makes the stipulation that “All organizations and individuals must not undermine the socialist system” innately carry the meaning of banning all attempts to undermine Party leadership. This move can further solidify the legal authority of the Party’s leadership and is conducive to encouraging people from all ethnic groups, all state organs and armed forces, all political parties and social organizations, and all enterprises and institutions to become more purposeful in upholding and safeguarding Party leadership, and also conducive to strengthening deterrence to prevent attempts to oppose, assail and overthrow the leadership of the Party. Moreover, this can provide clear constitutional basis for incurring criminal liability with such attempts.