Downloaded from http://ssrn.com/abstract=929636.

China has sought to conform its institutions to the norms developed in the West. Thus, China has created State institutions as those organs of government where the will of the people as a whole can be represented.3 It has separated from these representative organs of state power the institutions of the Chinese Communist Party (CCP).4 That separation confirms the Western intuition that the CCP should be no more than a political faction (like the American Republican Party or the U.K. Labour Party). At best, the CCP can represent the will, however powerful, of a single political party, albeit one with current constitutional status. As such, the CCP must give way to a superior institution, the state, through which the will of all of the political community can be most equitably expressed.

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