Though the constitution of the People Republic of China does not emphatically and clearly declare the supreme position of the Communist Party of China, yet in practice, the party exercises complete control over the machinery of the government. As in the Soviet Russia, the Party is the real ruling power and various agencies of the government are in fact, the mere instruments, which .carry, act its policy.
Chapter 2 of Constitution of China 1982 contains the fundamental rights and duties of the citizens. There are 24-Articles in Constitution of China. In almost all the democratic countries, only the fundamental rights have been guaranteed by the constitution, but in China, like the constitution of Soviet Russia, the constitution speaks of the citizens as well.
The State Council of the People Republic of China is similar to the Council of Ministers in other countries particularly USSR. It is descried by the constitution as the executive body of highest organ of the state and the highest administrative organ of the state.
The highest executive authority in People Republic of China is vested in the President of the Republic and the State Council. The President is the Head of State and the State Council is the Council Of Ministers or the Parliamentary executive as in other countries of the world.
The National People Congress exercises all kinds of powers and covers all aspects of state functions. The constitution of China is not based on the theory of separation of powers. It has legislative, executive, electoral, financial and constituent powers. It has the power to remove a high official of the state.
The Constitution of People Republic of China (PRC) declares that there is a unicameral legislature to be known as National People Congress (NPC). It is the highest organ of state authority and sole legislative assembly in China. It is repository of all powers and authority in the state and people exercise their power through it:
The draft of 1982 Constitution of China was prepared by the Central Committee of the Communist Party of China after prolonged nationwide discussions spread over a span of 2 years. The draft of the Constitution adheres to four cardinal principles namely; adherence to socialist road, to the people's democratic dictatorship, to, the leadership by the Communist Party of China and by Marxism, Leninism and Mao Zedong thought.
Despite the massive support in men and material, the Kuomintang (KMT) received from America, it could not faces the Communists and by the middle of 1949, the Nationalist Government was defeated on October 11949. The Peoples of Republic of China was formally proclaimed and the country was ruled by Chines People's Consultative Committee.