The fifth section The Central Military Commission

The development of history, China's central military leading organ

  The army seems to be an important part of the state machine. China people's Liberation Army is the leadership of the Communist Party of Chinese and create an army of the people. The new China since the founding of the people's army became the national army. Therefore, the central state organs must have the authority over the army.

  1949 "Chinese people's Political Consultative Conference common program", the people's Republic of China's armed forces by the Central People's Government under the command of the revolutionary military commission. So the Central People's Government Revolutionary Military Commission is China's military leadership after the founding of the PRC to the first constitution in 1954 before the implementation of the.

The 1954 Constitution, the people's Republic of China, the national command of the armed forces, the National Defense Commission set up, President served as chairman of the national defense commission.

With ten years of turmoil began, the international organization in our country has been severely damaged, the 1975 constitution of the Communist Party of China army is the army of workers and peasants under the leadership of the Party Central Committee of the Communist Party of China, chairman of the national command of the armed forces.

The constitution of 1978 following the 1975 constitution. These Provisions enable forces in state system status is not clear enough, confused the functions of political parties and the state function. The existing constitution to correct the government not normal practice, restoration of the status of the central leading organ of military in state institutions, regulations of the Central Military Commission leadership of the nation's armed forces, which is beneficial to prevent the excessive centralization of power, and put under the supervision of the National People's Congress and the army on the Standing Committee of the NPC, which belongs to the people's armed forces.

 

Two, the nature and status of the Central Military Commission

(a) properties

The constitution of the people's Republic of China, the leadership of the Central Military Commission of the nation's armed forces. Such a provision that the Central Military Commission is the country's top military leadership decision-making authority, the authority is the leader of the armed forces. In the system of apparatus of state, the Central Military Commission of the Standing Committee of the National People's Congress and the it is responsible for.

(two) position

With respect to the highest organ of state power, it belongs to a subordinate position.

Three.

1, the constitution of the Central Military Commission is the provisions of the state organs of military and there is no absolute leadership change in the army. The Constitution clearly stipulates the Party leadership in national life, including the head of the army.

The party's Central Military Commission Chairman, vice chairmen and members, after the CPC Central Committee and the democratic parties after consultation, the Standing Committee of the National People's Congress and the National People's Congress by, also become members of the Central Military Commission of the state.

This not only strengthen the party's absolute leadership of the army, also embodies the principle of armed forces belong to the people.In the organizational system, the Central Military Commission is a set of troops, two pieces of brands.

2, in a multi-party politics mature country, army nominally loyal to the people, the actual operation is responsible for the constitutional power of the government officer in command of the army,

(1) if the Constitution requires the president to mobilize troops, so no matter what the president who, belong to the party, as long as he is a legitimate president, troops under his command.

Such countries, the army is the public service organization, belongs to the whole group, so the nature of neutrality. 2000 American election, Bush and Gore votes are very close, is also part of the disputed votes. If the army is all parties, the Bush when not president, because the Democratic Party was then. USA also did not appear a little bit forces to take over the government, even if the negotiations are not considered to have the support of the army, is very simple: the army is to safeguard national interests, partisan has nothing to do with them.

But not all of the system required humanities, social consciousness and other factors, influential politicians or politician is likely due to various reasons, the national army into parties and private army. So more lively.

(2) the national machine decision-making power and executive power is separated from the. Parties such as president, for the prime minister, cabinet minister, called the "government officials", including the army commander in Chief Secretary of defense or other officials are in this category.

    In addition, the vice minister, office director, division, and the following specific staff, they are employed by the government, which belongs to the civil servants, which is also called "civilian group" or "bureaucracy", they are responsible for the completion of the task of government officials. The army also belong to this category.

(3) since it is using taxpayer money, seems to be the taxpayer to command.

 

Three, composition, the term of the Central Military Commission

(a)

  1,According to the constitution, the Central Military Commission Vice Chairman, by several people, composed of several members, chairman of the Central Military Commission of the National People's Congress elected. According to the chairman of the Central Military Commission of the nomination, the National People's Congress decided to other members of the Central Military Commission.

During the close session of the National People's Congress, the Standing Committee of the NPC according to the chairman of the Central Military Commission's nomination, decided to other members of the Central Military Commission. Members of the National People's Congress has the power to remove from office of the Central Military commission.

2, our national chairman of the Central Military Commission, in fact, is the first is based on the "constitution of the Communist Party of China", the election of the party's Central Military Committee of the CPC, then the candidates submitted to the National People's Congress passed. In the case of the National People's Congress election according to the constitution procedure with a different Chinese Central Military Committee Chairman, there is clearly a contradiction, how to solve?

(two) term

   1, the Central Military Committee is elected for a term of 5 years, as the National People's Congress is elected for a term of the same.Members of the Central Military Commission has no time limit.

2, understanding

(1) and the National People's Congress, there is five years, here is the ninety-third article of the constitution is the last paragraph, here is "the term of office of the Central Military Commission of the National People's Congress is elected for a term of the same."

(2) but there is no talk about a few problems, theory is numerous session. Here China, here is the Mao Zedong, Xie Jianying, Deng Xiaoping, Jiang zemin.

1) many people are very concerned about such a position.

Lin Biao as a party, has been thinking about when it handles. But, as Mao Zedong is always holding the chairman of the Central Military Commission's position, and Mao Zedong never to the constitution of the "President" of the position, because the president specified at the time of the 54 constitution, is the commander in chief of the armed forces.

Lin Biao later by Mao Zedong impeachment Peng Dehuai time, the opportunity to become the Secretary of defense, to retain the original chairman of the Central Military Commission. Lin Biao in the subsequent large meetings, founder of the people's Liberation Army has been emphasized Chinese is the party and the country's army is Mao Zedong, and director Lin Biao is such a theory.

Later, Mao Zedong on its establishment president continuous request bored, and his advocacy in the Central Military Commission, the nurse a grievance. Therefore, a good situation as Lin Biao and I don't want to get lost on their own, decided to launch a coup, the assassination of Mao zedong. However, no success as a coup.

As the country immediately to pursue the responsibility of Lin Biao! As Lin Biao was immediately by Trident aircraft in the "9.13" and ran away. The plane began to fly south in Taiwan is the direction, then turn north to fly to the Soviet union. However, on the fly to Mongolia place is the crash, crash in the wendouerhan. As for what the cause of the crash, everybody says to not be clear about, someone said, is the Lin Biao and ye kill people on board, the aircraft lost control and crashed; others say not so, completely is an accident, here to study in the history of culture of the people, left a lot of imagination and play space.

As Lin Biao riding for the plane's black box and some delicate instruments, being rushed to the scene of the Soviet people take away. Because China has asked to retrieve the bodies, the Soviet people realize that the plane of at least one Central Standing Committee of the political bureau. So the Soviet Union in China without the presence of the, will the 7 bit leaf group and 5 position of Lin Biao's skull removed, so that the ratio of their hands.

But, as Lin Biao Lin Xiaolin over a period of time after the skull, according to photos, think that the Soviet Union took the skull is not his father's photo, as the father of the skull is pointed, and the photos of the skull is round.

But, anyway, as Lin Biao to when the state, party and government leaders, the final result is crashed, leaving an unclean reputation, at least at the time and now China is recognized at the time of Lin Biao's behavior, is an anti party and anti socialist group leader, another performance it is Mao Zedong employment system backward, at the same time the event has also hit Mao Zedong, make hair body further.

2) Jiang Zemin at the location, it should be said is an example. That is to say as a head of state is behind you like him, there is an unspoken rule, the potential term system.

Here's the truth as past Kangxi is in the 61 year of the reign of time behind, as emperor Qian Long, is 60 years. Here as Jiang Zemin is a term of 10 years, Hu Jintao's tenure as the inevitable is not beyond the Jiang zemin.

So, as Jiang Zemin is clearly set an example, established a potential term system.

 

(three) the leadership system

The Central Military Commission the chairman. This is in order to adapt to the changing characteristics of modern war maneuver. The president responsibility system can let the chairman decisive decision-making, give full play to the military command efficiency.

 

(four) here we should pay attention to:

1, as the chairman of the Central Military Commission's position is equivalent to the premier of the state council. That as the State Council, the Secretary of defense, this position is lower than the vice chairman of the Central Military commission. There is an unwritten rule, here is the vice chairman of the Central Military Commission is the Secretary of defense.

For example, Mao Zedong era of Peng Dehuai, Lin Biao and Jiang Zemin, as now Deputy Cao Gangchuan, here is also the Secretary of defense. There is no problem here can concurrently. But, here as Cao Gangchuan, also state councilor, and Minister of defence.

Peng Dehuai in the past or and vice premier of the State Council, vice chairman of the Central Military Commission, and the Secretary of defense. Here as Cao Gangchuan before Chi Haotian also is such.

Here is a person as three administrative duties. Similar to, by when the monitor, and when a life member, and when the members of learning, to power a.

2, as the National People's Congress representatives will not be part-time administrative organs, judicial organs, procuratorial organs. However, there is no question about the Central Military commission. Here in this logic reasoning, here we can know, here as head of the administrative organ here can go as long as the trial?

3, the Central Military Commission and the Department of Defense

(1) the difference between

1) the Central Military Commission, the exercise of power is the military power, mainly to military decision making and rapid implementation.

For example, a war here, the National People's Congress or its Standing Committee decided the war here, here whether concentrating firepower on a warship, and several boats, here would like to go to Jiang Jieshi's territory, here is the Central Military Commission.

2) the Department of defense, the exercise of administrative power, such as military administration and the national defense construction. Here in the armed forces, the preparation of equipment, education and training, scientific research and formulation of rank, etc.? But there is no difference in more detail?

Such as the military industrial enterprises, there is the state-owned enterprises, there is direct from the Department of defense to leadership.

(2) contact

In reality, here is the Central Military Commission is often can affect the State Council will, as vice chairman of the Central Military Commission is the Council of ministers. Here is the military power of executive power, as the Central Military Commission here after all is mastered military.

(3) the historical problem

1) in the history of our country have appeared as the State Council to control the power here. Here is our Premier Zhou Enlai, to lead the Central Military Commission of the problem. Although at that time is also a violation of the constitution, which is the administrative power intervening in military power.

As the Central Military Commission in our Chinese Zhou Enlai, actually is a great power, 1969 in the Soviet Union and the battle of Chen-pao Island, from A to Z is by the commander of the Shenyang military region deputy commander Chen Xilian and Zhou Enlai, anaphoric commander Xiao Quanfu to report not to have been the party and the army in a nationally recognized, "direct" Army Deputy Commander Lin Biao and Zhou Enlai direct report; some of the actions, the instructions specific to our artillery shelling of the Soviet far can only Jiang'an and absolutely forbid to receive further play, and after the March 15th war in order to promptly notify the people on the island will be killed the Soviet Union body back such a thing.

Such as the late Yang Chengwu is being held in the Cultural Revolution was the prime minister to send troops directly from the Henan to pick up, perform the task is what forces can make nothing of it; Yang Yong in captivity is prime minister ordered air flown back to the Beijing. Yang Yong in his memoirs that he asked to pick his air force personnel on how this is going on, the answer is: "from the prime minister's office ordered, we scramble...... "The air force to accept and obey the command of the prime minister's office? The State Council and what is the relationship between the air force? Reluctantly said, the Defense Department of the State Council, Ministry of defense Guan Kongjun, but Chinese people's Liberation Army is the party army and not military, Department of defense can not mobilize any service any troops, according to public organization system, the army only listen to but can only listen to the Central Committee of the Communist party and the general staff. When the army to Prime Minister orders seem rules and conventions, send commands to execute commands of be in the right and self-confident, behoove, no one doubts.

2 why? In addition to force open Military Commission - the - corps or army area command system, there is a never publicly but are recognized and effective operation of the State Council on the military command system? In fact, nor to the State Council for the army, but Zhou Enlai of military people, others as prime minister to speak, the army would not listen. Zhao Ziyang as prime minister to the army is weak, although still have military experience, when the eight soil in soil eight road - Huaxian County brigade commissar, when over 10 longitudinal deputy political commissar of the Shanxi Hebei Shandong Henan field army. Later, Li Peng as prime minister to the army under the command of only if a mockery of Zhu Rongji as prime minister, did not speak for the army.

 

 

(five) as the chairman of the Central Military Committee chairman. But here as the Central Military Commission, he is responsible to the National People's Congress here, here andNo report.

Who also don't know what he is doing what. Here is to pay attention to, which is different from the State Council and the National People's Congress Standing committee. There must be a report. This is perhaps because military secrets. There is also a loophole clause. Here, according to the provisions of article ninety-fourth, that is, the chairman of the Central Military Commission is responsible to the National People's Congress and Standing Committee of the National People's congress.

 

Four, the Central Military Committee's authority

The Constitution does not expressly stipulated by the Central Military Committee's authority. However, from the practice of the Military Commission of the central authority can be summarized as follows:

  1, the unified command of the nation's armed forces, including the people's Liberation Army troops and reserves, China people's Liberation Army, armed police, militia; unified leadership, coastal and border air defense.

  Operational guidelines, decision 2 military strategy and the armed forces.

  3, leadership and management China people's Liberation Army Construction, planning, planning and organizing the implementation.

  4, proposed the bill to the National People's Congress and the Standing Committee of the npc.

  5, according to the Constitution and laws, to enact military rules and regulations, decisions and orders issued.

  6, the people's Liberation Army decided to Chinese system and preparation, provisions and military headquarters, military and other military units of the tasks and responsibilities.

  7, in accordance with the law, military regulations, appointment, training, assessment and rewards and punishment of armed forces personnel.

  8, approved the armed forces system weapons assembly and weapon equipment development planning, planning, CO leader of the State Council and the management of national defense scientific research and production, to take measures, to strengthen the national defense education.

  9, the State Council in conjunction with the management of defense expenditure and assets, including direct state funding, the allocation of land resources use, and thus for defence purposes weaponry and equipment, materials, technology etc..

  Other functions and powers, law 10.

 

Five, the military institutions USA

(a) any good system has a perfect process, such as USA system, America after improvement, more than 200 years of political system, political system, military system are close to perfect, so USA history has no army rebellion or dare to political meddling thing, it must first lead role for USA of George Washington he led the people in USA, after gaining independence, and did not continue, in charge of the army, but the army all the way to the Congress, and he returned to his farm. Later American president no one dare to after leaving the post, to control the army and then delusion of control of the country

    (two) USA current system,

Commander in chief 1, America armed forces is the president, the president through the Department of defense, the Joint Chiefs of staff to command the army.

2, the theater commander in peacetime is no command, if war broke out, the president asked, appoint someone to action command, some individuals have the right to command the army.

3, the Secretary of defense must be civilian (if the military is, must be retired), the main role or the military and national defense construction, and there is no direct command to mobilize troops right.

4, the Joint Chiefs of staff is the president and the Secretary of defense staff, there is no direct power over the military, so it seems, American forces are difficult to rebel and interfere in politics, is a principle: we must retire from politics, not politics.

Then have a look other imitation American system countries, such as India, Philippines, imitation America most like, but it is precisely these national army soldiers, rebels, the most serious political interference, why? Because they only learned of the surface, their national quality is not good practice American system.