Remarks at the First Meeting¹
(March 23, 1954)

(When the discussion touched upon the drafting of the Constitution)

Mao Zedong (hereinafter referred to as Mao): The Constitution drafting group began its work on January 7 and concluded on March 9. After the drafting group had carried out its work for a period, a research group was formed with comrades such as Dong Biwu, Peng Zhen, and Zhang Jichun. Mr. Zhou Gengsheng and Mr. Qian Duansheng were also invited as legal advisors, and Mr. Ye Shengtao and Mr. Lü Shuxiang as language advisors. This went on for about a month. Meanwhile, the Central Committee of the Communist Party of China also discussed it three times, with many revisions made each time.

(When it was mentioned that the Constitution must, based on the nature of the state and economic relations, fully express the fundamental requirement of our country's gradual transition to a socialist society)

Mao: This Constitution takes the Common Program as its foundation, with the General Line added on. It is a Constitution for the transition period and can probably govern for about fifteen years.

(When it was mentioned that some fundamental principles of the Common Program were affirmed in the draft Constitution, while some things in the Common Program that were already outdated were not written into the Constitution)

Mao: For instance, the land reform; another example is the suppression of counter-revolutionaries. Although counter-revolutionary elements still exist now, a very large portion has already been suppressed.

(When it was mentioned that the draft Constitution not only adopted the various fundamental principles stipulated in the Common Program but also drew upon some principles from important decrees since the founding of the People's Republic)

Mao: For example, the measures for requisitioning land for state construction were not in the Common Program.

(When the discussion turned to protecting various forms of ownership)

Mao: The draft Constitution mentions "other individual laborers," which refers to: street vendors, mom-and-pop shops, boatmen, theater troupes, and so on. They are both laborers and private owners. Take Mei Lanfang, for instance. He was also a laborer, and his theater troupe was also his personal property.

(When it was mentioned that Mao Zedong had said the individual economy is like a vast ocean and transforming it into collective ownership is very complex and difficult)

Mao: The most difficult. Transforming capitalism is hard, but comparatively speaking, transforming individual agriculture and handicrafts is even harder. There are so many people, so scattered. One hundred and eleven million peasant households mean one hundred and eleven million units. How difficult it is for us to direct so many units! Collecting grain tax, purchasing grain – it's one hundred and eleven million units. How can we handle it? You are willing, but he is not. You want to buy grain, but he won't sell. What can you do? Why don't we have meat to eat? It is because they ate too much. In Hetian Town, Changting County, Fujian Province, before liberation, three pigs were slaughtered per day. Now, eighteen pigs are slaughtered per day, and it's still not enough to eat.

(When the discussion covered using transitional forms to gradually transform agriculture, handicrafts, and capitalist industry and commerce, guiding them toward socialism)

Mao: Our Constitution is a Constitution for the transition period. Most of our country's various measures are transitional in nature. The people's rights, such as the right to work and the right to education, are guaranteed gradually, not all at once. Now, some people who cannot enter school attack the schools, saying, "What kind of people's government is this! You won't let me enter school, so I'll beat you up." There aren't that many schools; how can everyone be admitted? Our elections are also transitional in nature. Universal? They can be considered universal, but there are also restrictions: landlords do not have the right to vote, so it's not completely universal. Equal? Urban areas elect more representatives than rural areas. If we held elections based purely on equality by population numbers, the National People's Congress would almost become a Peasants' Congress, and the workers would be reduced to a very small minority. Direct? Only our grassroots elections are direct; the rest are indirect. Secret ballot? We generally vote by a show of hands, so it is still public voting. In short, our methods are not so absolute, because it is the transition period. How to elect deputies to the National People's Congress – should one deputy be elected for every eight hundred thousand rural residents and one for every one hundred thousand urban residents? Such issues can be elaborated on in the electoral law; they need not be written here. The people's rights and obligations also have the characteristics of a transition period. The check is written to look good, but it cannot be cashed. What if the people demand it be cashed? Better to be honest about it!

(When the relationship between the National People's Congress and the Chairman of the state and the Premier of the State Council was discussed)

Mao: Our Chairman and Premier are both produced by the National People's Congress and must obey the National People's Congress; they cannot jump out of the palm of the "Tathagata Buddha's" hand. In capitalist countries, nominally, the parliament oversees the government and passes laws, but actually, the parliament is subordinate to the government. In our central government, there is the State Council, which is the Central People's Government. The local people's governments at various levels, composed of a chairperson, vice-chairpersons, and members elected by the local people's congresses at the corresponding levels, are the local administrative bodies of the state and also the local organs of state power. Therefore, there is no standing committee at the local level. The Soviet Union has the Supreme Soviet; we have the National People's Congress. The Soviet Union has the Presidium of the Supreme Soviet; we have the Standing Committee of the National People's Congress. The Soviet Union has the Council of Ministers; we have the State Council. We just have an additional Chairman. Having a Speaker [of the NPC Standing Committee] and also a Chairman is like piling one bed upon another or building one house on top of another. Can this arrangement be considered acceptable? Among the People's Democracies, Czechoslovakia and the German Democratic Republic have such a system. They call the head of state President; we call him Chairman. What is agreed upon by the congress is promulgated by the Chairman, but he cannot promulgate things that the congress has not deliberated. Nor can he execute; execution is the business of the State Council. Does everyone approve of this? It can be discussed.

(When it was mentioned that the people's congress at a lower level obeys the people's congress at a higher level, and the local people's government at a lower level obeys the local people's government at a higher level)

Mao: Here it is the mother obeying the son. The provincial and municipal people's congresses elect the deputies to the National People's Congress, but what is decided by the National People's Congress must be obeyed by all forty-four provinces and municipalities across the country. Suppose the people's congress of a certain province decides something incorrect; the National People's Congress can annul it.

(When it was mentioned that unified leadership by the central authorities could be combined with the initiative of various localities and nationalities, similar to the Soviet Union and the People's Democracies)

Mao: The central authorities deliberate; the localities carry out the tasks. This is different from the autocratic era.

(When it was mentioned that our Chairman of the state is different from the president of a capitalist country, where the president is in opposition to the parliament)

Mao: The president of a capitalist country can dissolve the parliament. Our Chairman cannot dissolve the National People's Congress. On the contrary, the National People's Congress can recall the Chairman.

(When it was mentioned that our state practices collective leadership, which is manifested in an individual form)

Mao: The Chairman is not the government either; the State Council does not report its work to the Chairman. If there is a spanking to be done, it is the Premier of the State Council who gets it, not the Chairman. Regarding the Chairman's functions and powers, Article 40, Section 5 of the draft stipulates that the Chairman serves as the Chairman of the National Defense Commission, while the State Council has a Ministry of National Defense. Again, this is piling one bed upon another – it is taking a bit of work away from the State Council. Section 6 stipulates that the Chairman convenes the Supreme State Conference when necessary. It does not state what matters are to be discussed; in any case, it cannot contravene the National People's Congress. "When necessary" implies it will be convened very rarely, only to discuss urgent, major matters when they arise. Does everyone think such stipulations are appropriate? Sections 1, 2, 3, and 4 are all routine matters. Section 2 says the Chairman can make suggestions. Suggestions are not decisive; the recipient may consider them or ignore them, and there's nothing you can do about it. These two articles indicate that the Chairman also has some work to do and is not solely dedicated to eating. This is to safeguard national security, hence the establishment of a Chairman. Our China is a large country. Establishing a Chairman, like piling one bed upon another, aims to make the country even more secure. Having a Speaker [of the NPC Standing Committee], a Premier, and also a Chairman makes things more secure; it's less likely that all three positions will malfunction simultaneously. If the National People's Congress itself malfunctions, there is absolutely nothing to be done; one can only wait four years to address it. Establishing the Chairman creates a buffer between the State Council and the National People's Congress Standing Committee.

(When it was mentioned that, based on our country's experience, having a Chairman is beneficial)

Mao: Most of the functions and powers of the Central People's Government Council are being transferred to the National People's Congress and its Standing Committee. Currently, there is no National People's Congress, so the Government Council has sixty-three members. In the future, the work of this sixty-three-member council will become the work of the Standing Committee.

(When it was mentioned that the State Council is the executive organ of the National People's Congress, which is the same type of stipulation as in socialist countries, though with some differences)

Mao: Should the various ministries and commissions of the central government be listed? We did not list them. The 1918 Soviet Constitution did not list them either. Not listing them allows for greater flexibility. Ministries and commissions may change frequently, either increasing or decreasing. If they were listed, every change would require amending the Constitution, and in that case, the Constitution would have to be amended every year.

(When it was mentioned that China is a multi-ethnic country where there were conflicts between nationalities in the past)

Mao: The so-called conflicts were mainly the oppression of minority nationalities by the majority nationality. In ancient times, there were also cases of minority nationalities oppressing the majority, such as the Mongols oppressing the Han people during the Yuan Dynasty, and during the period of the Five Barbarians and Sixteen Kingdoms, etc. But later, it became different. The Qing Dynasty used the Han people to oppress the minority nationalities. By the time of the Kuomintang period, it was even more different.

(When it was mentioned that since the founding of the People's Republic of China, the relations among our country's nationalities have been improving day by day)

Mao: There are still quite a few shortcomings, mainly Han chauvinism among Han cadres, and in a few instances, local ethnic nationalism as well. There have also been quite a few disturbances, but the situation is basically good. In some places, a person from the minority nationality acts as the chairman, while a Han person acts as the secretary. The result is a dictatorship by the secretary; the minority nationality chairman is merely for show – minority nationality personnel hold the office, but the Han hold the power. Inner Mongolia seems to be doing somewhat better. Such situations exist and must continue to be improved and addressed through continuous education.

(When the structure of the draft Constitution was discussed)

Mao: Some people proposed turning the six sections of Chapter Two into six separate chapters. The Constitution drafting group considered keeping these six parts within one chapter, adding an overarching title like "State Organizational System." This is very clear. Listing them as six separate chapters seems to give an impression of being somewhat chaotic and complex. The Constitution can be amended at any time. In the Soviet Union, adding or removing a ministry requires amending the Constitution.

(When it was mentioned that the wording of the draft Constitution should be as accessible as possible so that the masses could understand and grasp it)

Mao: We changed all the classical Chinese particle "时" (shí) to the colloquial "的时候" (de shíhou). In spoken language, people generally don't say "when we discuss the constitution 时" but "when we discuss the constitution 的时候." The word "为" (wéi) is not understood by common people and was all changed to "是" (shì). As for the particle "之" (zhī) in phrases like "规定之" (stipulated by), when "之" is at the end of a sentence, it merely repeats the preceding meaning and is utterly useless; these were also all removed. Perhaps there are still places where the revisions are not thorough enough, and they can be further changed.

--- Notes

¹ These are part of Mao Zedong's impromptu remarks during Chen Boda's explanation of the drafting work on the draft Constitution (preliminary version).