VITAL ROLE PLAYED BY CONSTITUTION UNDERSCORED

Oath of office holds State leaders to protecting the rule of law

In front of nearly 3,000 deputies to the National People's Congress, and watched by tens of millions of people live on television, President Xi Jinping placed his left hand on China's Constitution, raised his right hand near his temple, and made a fist to signify solidarity.

Wearing a dark suit, Xi, who is also general secretary of the Communist Party of China Central Committee, said after he was reelected Chinese president by a unanimous vote, "I pledge my allegiance to the Constitution of the People's Republic of China."

Xi pledged to safeguard the Constitution's authority, fulfill his legal obligations, be loyal to the country and the people, committed and honest in his duty, accept the people's supervision, and work hard for a great modern socialist country that is prosperous, strong, democratic, culturally advanced, harmonious and beautiful.

The ceremony, held during the NPC session in March 2018, marked the first time a Chinese president had taken such an oath upon assuming a term of office.

Five years on, Xiao Shengfang, who was then a deputy to the 13th NPC and is president of the Guangdong Lawyers Association, recalled his excitement on witnessing the ceremony at the Great Hall of the People.

"The oath of office was of monumental significance to the rule of law in China," he said.

"By taking the lead in swearing the oath, the president is telling the public that everyone is equal before the law, and there is no exception. This also speaks volumes for the commitment of China's top leadership in exercising the rule of law."

Zhu Yingping, a professor at East China University of Political Science and Law in Shanghai who studies the Constitution, said the first oath of office taken by Xi was designed to show the public that the Party and State leader would remain faithful to the Constitution. The oath also gave prominence to the authority of the law.

"This means the ruling Party must act in accordance with the Constitution, all senior officials must be bound by the law, and they must all observe the Constitution and remain faithful to it," he said.

The authority of the Constitution has since been unprecedentedly strengthened, and "the people have seen the resolve of the top leadership to exercise the Constitution in a large number of actions," he said.

Leading by example

Analysts said the emphasis placed by China's top leader in upholding the Constitution first became evident in 2012, when he was elected general secretary of the CPC Central Committee.

Xi delivered his first public address after taking office as Party leader on Dec 4, 2012, at a grand meeting marking the 30th anniversary of China's current Constitution being enacted in Beijing.

The president published an article in December last year as the nation marked the 40 anniversary of the Constitution being enacted.

In the article, Xi wrote, "The fundamental purpose for the Party to lead the people in making and exercising the Constitution is to safeguard the interests of the people, reflect their wishes, protect their interests and enhance their well-being."

Highlighting the position of the Constitution as China's fundamental law, Xi reaffirmed the need to ensure that the Constitution enjoys supreme legal status, legal authority and legal validity in the country.

Swearing allegiance to the Constitution upon assuming office is among key measures taken by the nation to ensure the law is upheld.

In 2015, the NPC Standing Committee, the nation's top legislature, decided that all those in public office must swear an oath to the Constitution upon formally taking up their positions, starting the following year.

According to this decision, the oath of office covers those elected or appointed by the NPC and its Standing Committee, the State Council, the Central Military Commission, the Supreme People's Court, the Supreme People's Procuratorate and other central government organs, as well as equivalent local government organs at or above county level.

The decision was revised by the top legislature in February 2018 to expand the oath-taking requirement to members of the newly created National Supervisory Commission. The legislature also required the national anthem to be played at the oath taking ceremony.

The amendment to the Constitution in 2018 also required all state functionaries to take a public oath of allegiance to the Constitution upon assuming office.

The oath of office taken by Xi in 2018 was followed by those taken during the NPC session by Premier Li Keqiang and other senior officials from the State Council as well as the top procurator and the top judge.

In September 2016, the State Council, China's Cabinet, held its first constitutional oath of office ceremony. Two such ceremonies have since been held each year to swear in new officials.

The premier said at a ceremony in July he hoped officials could remember this solemn occasion and act on their oaths and promises. He also called on them to assume their duties in accordance with the Constitution and the law.

Wang Wenhua, head of the department of justice in Wulian county, Shandong province, described the ceremony he took part in in December as an "awe-inspiring moment".

"It gave rise to a strong sense that the Constitution must be respected and upheld, and enhanced my sense of duty and responsibility," Wang said.

"As a civil servant at grassroots level, I realized more keenly that taking such an oath was an oath to the people. All the power of the office comes from the people, and thus such power must serve the people."

Wang Lei, a professor of constitutional studies at Peking University's Law School, said promoting the practice of taking the oath of office will help officials develop stronger awareness of the need to respect the Constitution and avoid unconstitutional behavior.

"Such ceremonies will also enable the public to supervise civil servants in observing the Constitution. The public is being told that all actions that contravene the Constitution and the law must be held accountable, and no organization or individual shall be above the law," he said.

"An oath of office for officials will help ensure that power is put in an institutional cage."

Zhu, from East China University of Political Science and Law, said the oath-swearing ceremony has become an important part of China's "whole-process people's democracy".

He said the NPC Standing Committee has conducted effective constitutional reviews of regulations, enabling more people to see the huge role played by the Constitution in restraining power and guaranteeing rights.

"More and more people are joining ranks to uphold the authority of the Constitution and perform oversight of civil servants," Zhu said.

Xiao, the former NPC deputy, who is a lawyer at Sino-Win Law Firm, said he has experienced firsthand the remarkable progress made by China in advancing the rule of law over the past decade.

He said the rule of law will be a vital guarantee for the Chinese path to modernization — a key vision put forward by Xi at the 20th CPC National Congress in October.

"By exercising the rule of law, the legitimate rights of the people will be better protected and the business climate will be improved. These are key factors to ensure success of the Chinese path to modernization," Xiao said.

High hopes

Analysts have expressed high hopes for this year's NPC session, which is scheduled to begin on Sunday, when deputies are expected to elect the nation's president and vice-president, and decide on the choice of premier of the State Council upon nomination by the president.

According to the Constitution, the deputies are also expected to choose vice-premiers, state councilors, ministers and the auditor-general and secretary-general of the State Council upon nomination by the premier.

Ma Liang, a professor of public administration at Renmin University of China, said this year's annual legislative session comes at a pivotal time following the 20th CPC National Congress as the nation embarks on its path to modernization.

The oath of office taken by top State leaders could draw even more public attention as a new government is unveiled, he said.

"It will be an occasion to strengthen legal awareness among officials and the public, and reaffirms China's commitment to the rule of law," Ma added.