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Opinion | The National Defence Law revision bill: China is prepared

By Alan Leung, Blogger specialized in current affairs

Last Saturday, the Standing Committee of the 13th National People's Congress (NPCSC), China's top legislative body, approved the National Defence Law revision bill, which came into effect on New Year's Day, amongst a number of bills adopted by the Committee as it concluded its 24th session. The newly revised national defence bill expanded the powers of the Central Military Commission (CMC) to mobilize both military and civilian resources in the defence of national interest, and increased the commission's role in the formulation of national defence policy and principles.

Many in the west criticized the revision and claimed the amendment will turn China into a North Korea styled dictatorship, and they argue the changes reduced civilian leadership control of the military and put too much power in the hands of a single person. However, the truth is the revision only gives the Chinese President, only applicable with a majority support of the CMC, the executive power to mobilize the military to take emergency action to protect national interest under the specific circumstances as stipulated by the national defence law. This is a power most leaders in the west, including the US president (under the 1973 War Powers Act), already enjoyed with less restrictions.

Those who claim the revised defence bill has reduced China's civilian leadership control of the military either have limited understanding of the Chinese governmental structure or are deliberately misleading people for their own selfish agenda. The CMC has always been the primary national defence organization in China and as one of the country's top chain of command, the commission had exercised the command and control of all branches of the People's Liberation Army, the People's Armed Police and the Militia since it was formed in 1954 under the supervision of the Politburo and the NPCSC.

In fact, the CMC is a unique parallel national defence organization formed by having a single institution under two different names, the CMC of the People's Republic of China (PRC), the military branch of the national government and central state organ under the National People's Congress (NPC) and the CMC of the Communist Party of China (CCP), with identical memberships designed specifically to fit into China's dual state-party systems. Therefore the commission is under the dual subordination and supervision of the NPC and the CCP at all times.

While the newly revised national defence bill does reduce the role of the State Council in formulating the principles of China's national defence, as well as the council's powers to direct and administer the mobilization of the armed forces, it didn't reduce the NPCSC supervising powers of the state CMC and the annual defence budget is still approved by the NPC. The State Council is the executive body of the NPCSC and the NPC chaired by the Premier. It includes vice-premiers and state councilors nominated by the Premier and appointed by the President with the approval of the NPC, and the heads of each cabinet-level executive departments.

The new changes will not bring any specific changes to the pecking order as the Chinese president has always been the commander in chief of the military, the military still swear allegiance to the people, to the country and the party, and the CMC is still under the dual supervision of the NPC and the CCP. If we study the new amendment carefully we can see it was aimed at streamlining emergency mobilization procedures of both military and civilian resources by removing obsolete bureaucratic barriers, while improving communication, coordination and asset distribution which will bring China closer to what is considered the norm in the West.

Moreover, the new amendment will not only improve the CMC abilities but also provide the CMC with the legal basis to respond to sudden unexpected aggression, emergency situations such as a global pandemic, Taiwan declaration of independence…etc., and non-traditional challenges such as the increasing use of state-funded terrorism and secessionism by foreign powers as a weapon to destabilize the country. These changes will play an important role in helping China check and balance against the ever-increasing US aggression as the confrontation between the two powers increases.

Finally, the legislation has been seen by many even in China as a symbolic rallying call by the party to warn the Chinese people to be combat-ready for a nationwide defence mobilization, as the legislation specifically stressed the need to build a nationwide coordination mechanism for mobilization, a first time since the formal proclamation of the People's Republic of China in 1949. The ultimate aim of the revision is not only to prepare China for the possibility of an armed confrontation with the US in response to ever increasingly aggressive US hardliners stance toward China, but to send a clear message to America or any enemy "We don't want a war but we will not back down if bullied or attacked."

 

The views do not necessarily reflect those of DotDotNews.

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