THE WRITTEN CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA:
ANALYSIS OF QI YULING V. CHEN XIAOQ
Table of Contents
I. Introduction
II. The Constitution of the People’s Republic of China
III. The Qi Yuling Case
A. Analysis of the Implications of the Qi Yuling Case Ruling
B. Significance of the Ruling
IV. Conclusion
I. Introduction
The constitution of a nation tends to build the framework of the legal system of the country. It is normally regarded as one of the foundations of the nation. The subsequent laws and legislations that are ratified in a particular state should concur with the basic principles espoused by the constitution. Major countries like the United States and Japan adhere to this convention. Their individual constitutions contribute to the overall political and legal structures that are carried out in their respective jurisdiction. To some extent, this is even regarded as the highest authority in their borders. In the absence of this piece of document as well as the regard of the state to its principles, difficulties pertaining to the consideration of certain political activities as within the just and valid standards of the land will prevail. In the same manner, its absence presents an invitation to abuse the authority of certain individuals in influential positions in the government. Looking at the claims above, it appears that the conditions surrounding China seems grim. This paper will be providing an analysis on the relevance of the People’s Republic of China (PRC) constitution on the country’s political and legal frameworks. In order to fully focus on the recent events in the constitutional element of the PRC, an examination of the Qi Yuling Case will be carried out. The significance of this ruling as well as the implications on the legal framework of China will be discussed in the latter parts of this paper. The observations and arguments given in this paper will be supported by the existing literature on the constitutional law in PRC.
II. The Constitution of the People’s Republic of China
Before the “groundbreaking” case of Qi Yuling v Chen Xiaoqi, the constitution of China is nothing more than a piece of bound document that intimates the theoretical structure of the Chinese state and the consequent legal system. However, the contents of the constitution and principles stated within is apparently far from what is actually observed in the real setting. Speaking of the contents of the constitution, it has been revised quite frequently as compared to the other basic laws of other western countries. There have been accounts intimating that the contents of the constitution changes in the instance that the leadership in the country changes. This brings the idea that the constitution of China has been reduced to a mere form of advertisement to spread propaganda coming from every new leadership of the Chinese government.
Up until the Qi Yuling case, the courts in PRC rarely apply the principles of the constitution as well as the actual clauses which institute the rights of the public. Another fact that contributes to the account of the constitution being a farce is the absence of judicial review. This means that the courts are not able to revise a statute or any piece of legislation no matter how obviously unconstitutional it appears. The major implication of this reality is that the public is left to endure bad laws ratified by its leaders. What is worse it that these are still binding and that there is limited means to make it right. This shows that the ruling held in the Qi Yuling case is not only unprecedented, but also revolutionary as signs towards constitutionalism on the legal system of China are evident.
III. The Qi Yuling Case
This case is about a certain Qi Yuling (plaintiff) who was rejected in entering an educational institution in the Shandong Province. The main reason for this rejection is that the school intimated that she was already enrolled. It was later found out that another Chen Xiaoqi (defendant) has taken the identity of the plaintiff and consequently used it to register in the said educational institution using the name of Qi Yuling.
The plaintiff filed a lawsuit against the defendant maintaining that she was denied of her right to education as guaranteed by Article 46 of the PRC Constitution. The case was brought up to the Supreme People’s Court (SPC) which eventually declared that the right of the plaintiff was indeed violated. In 2001, the case was decided with the courts awarding a total of over a hundred thousand Yuan to the plaintiff for economic damages and emotional damages brought about by her infringed right to receive education.
The problem in the said decision is that there was no explanation on the ruling whatsoever. Being one of the seminal cases in Chinese history, it rocked the legal world of the country as the verdict intimated that courts can now take on remedies directly from the constitution. To date, debates as to whether the said case will have a lingering effect on the legal framework of the country or would it be a mere footnote in history. The following parts of this paper will provide an examination on the implications of the ruling and the possible significance of the case in China.
A. Analysis of the Implications of the Qi Yuling Case Ruling
In this case, a direct use of the theoretical principles of the constitution is actually employed. In doing so, the ruling made by the SPC apparently became the first of its kind to protect the basic constitutional right of an individual. Based on the information about the case, it appears that the fundamental rights of Qi Yuling were the one that triggered the conviction of the defendants of the case. Furthermore, this made the constitution as a major tool in protecting the rights of the public. It allows for the judicial redress and allows precedent for courts to use the constitution in its rulings, which also forges the actual relationship between the state and the people.
There are several effects on the ruling of the Qi Yuling case on the social and legal construct of China in terms of restoring the constitutional rights of the people. The ruling intimate that the appropriate way of redressing these rights is through the courts. In the same manner, the ruling, as it has made a considerable amount of noise, made the public aware of its constitutional rights. In addition to that, the theoretical attribute of these rights has been realized because of the ruling. In this manner, the gap between the citizens of China and their constitution has been significantly reduced. Another implication of the ruling is that the courts actually gave precedence on the constitution over the other applicable statutory provisions. For instance, it is apparent that educational laws would have been appropriately used to determine the outcome of the case. However, the courts prompted to employ what they deem as the legislation that rises above the demands of the case. The succeeding part of the paper will look on the implications of the case in relation to the conditions and surrounding circumstances present.
B. Significance of the Ruling
One could not help but be optimistic on the effects of the ruling in the Qi Yuling case. Based on the review of the ruling in the previous part, particularly in the context of the implications of the ruling, it gives considerable promise and hope for the public. However, there are signs that intimate that these potentials may be thwarted by the limited significance of the case in reality. This part will look more closely on the ruling of the case and the reality that circumscribe it.
To illustrate, the disregard of a particular statute in this case is one that points a significant limitation for the doctrine provided by the case. Basically, the applicable laws and statutes in education are circumvented not because of its unconstitutionality. This may be a sign that the courts merely made the ruling just to establish a legal precedent, especially in instances where the statutory provisions available for the courts provide provisions that are irrelevant to the case. This means that the ruling of the courts intimated that they have no other choice but to apply constitution as there are no other rules applicable. In other words, the use of the PRC Constitution is used as a supplement to the existing statutory laws implemented in the land.
Inherently, it is a civil case. However, the major players in this judicial episode includes major bodies of the state such as the public schools which eventually was found to have contributed to the infringing the right of the plaintiff. It is a bold move on the part of the courts as it essentially shows signs of independence from the ruling parties provided by the state. However, being a civil case, it may fall short on having the maximum brunt that it expects as it is far from being a constitutional litigation case. Furthermore, the parties involved in the case, being it a civil one, are essentially treated as equals. This means that despite the presence of state bodies in the fray, it is the private defendants that felt the overall force of the decision.
In addition, there are some uncertainties that add up to the cloud over this significant period in the Chinese legal system. One looming issue is the compatibility of the enforcement of this doctrine and the political attribute of the state. Specifically, PRC is inherently a state that is governed by a single party, the Chinese Communist Party (CCP). The problem rests on the possibility of manipulation and blatant wielding of influence in instances where there is conflict of interest. There is quite a shadow of doubt looming over the capacity of the courts to stay independent of the whims of the CCP.
IV. Conclusion
The conditions surrounding the legal framework of China is said to be unique. This is especially true in its regard on its basic laws as maintained in its Constitution. The discussions above have provided the conditions surrounding the regard on the constitution of China before and after the Qi Yuling case. The study implied that the constitution of China appears to be a mere manifesto of the current leadership of the country, not an actual legal document. However, the recent Qi Yuling case has become one of the forerunners in the said jurisdiction to address the said document as a basis of its ruling. To a certain degree, it appears that China is closely adhering to constitutionalism. The problem in this regard is that believing this as a fact and expecting future accounts similar to the Qi Yuling case would be too good to be true. With the considerably radical leadership in the Chinese government as well as the inherent culture of abuse in terms of authority, the constitution of China will essentially continue to have insignificant influence on the legal system of the country. The constitution will continue to be a mere document despite the creation of a legal doctrine in the form of the Qi Yuling case. It is the contention of this paper that regardless on the number of reforms or revisions made in constitution of China; it will essentially be without the capacity to develop as a legal foundation of the country. The drive towards constitutionalism should be taken by the state intensively to guarantee that the changes will eventually stick and trigger reforms in the process. On the whole, the PRC Constitution still have a lengthy ride before achieving what is accomplished by the Constitution of the United States. Nevertheless, the recent events in the Chinese setting remind us that there is always a possibility for China to take on and consequently embrace these changes.
Credit:ivythesis.typepad.com
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