Research Of The Head Of State System In The People’s Republic Of China

As an indispensable part in every complete political system, the head of state is significant for sovereign states, and it is top domestic and international representative of a country and an important component of an apparatus of state. The system of head of state also is of important significance in China. Although China unswervingly attaches importance to the construction of the system, the system has a tortuous history of reforms due to the historical background, the political environment and so on. The system of head of state experienced great changes, which are the transformation from the system of collective heads of state to that of individual head of state and the transformation from the system of substantive head of state to that of nominal head of state. Established by the current constitution of China, the system of head of state is in accordance with the situation of China and the law of our constitutional system, but it still has some deficiencies. There are some examples: the current constitution does not define the legal nature of the head of the state, and its stipulations about the official powers of the head are defective; there is a hidden constitutional crisis that the practical trinity pattern of the system is not brought into law system; the head of the state should improve his flexibility and elasticity for a better performance of function, and so on. On these issues, the paper offers a series of recommendations and proposals about improving the system. The recommendations and proposals is offered as follows. Firstly, the nature and the official powers of the head of the state should be defined and completed by meanings of constitution revision or constitutional interpretation. For example, the detailed scope of tate functions in diplomatic power should be concrete interpreted to define the responsibilities of the head of the state. Secondly, the thesis tries to demarcate and optimize the trinity pattern of the system. Thirdly, the performance of functions within the power spectrum should be more expedient and flexible. In other words, in order to make appropriate personal political activities of state presidents play a more active role, the the virtual factors can be added to nominal official powers. Therefore, optimizing the system of head of state based on the actual situation in China is of important significance for fully exerting the effects of the head of state and promoting the constitutional construction of China.