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China’s military takes charge of war powers with new defence law

  • Legislative amendments in force from New Year’s Day, remove policy and decision making from State Council
  • The new laws also give Central Military Commission, headed by Xi Jinping, authority to mobilise civilian resources

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Chinese President Xi Jinping is also chairman of the Central Military Commission. Photo: Xinhua
China has expanded the power of its Central Military Commission (CMC) – headed by President Xi Jinping – to mobilise military and civilian resources in defence of the national interest, both at home and abroad.

Revisions to the National Defence Law, effective from January 1, weaken the role of the State Council – China’s cabinet – in formulating military policy, handing decision-making powers to the CMC.

For the first time, “disruption” and protection of “development interests” have been added to the legislation as grounds for the mobilisation and deployment of troops and reserve forces.

The legislation also specifically stresses the need to build a nationwide coordination mechanism for the mobilisation of state-owned and private enterprises to take part in research into new defence technologies covering conventional weapons, as well as the non-traditional domains of cybersecurity, space and electromagnetics.

Military and political analysts said the amendments aimed to strengthen the country’s military leadership under Xi, providing it with the legal grounds to respond to the challenges of accelerating confrontations between China and the US.

Deng Yuwen, a former deputy editor of the Communist Party publication Study Times, said the amendments aimed to legalise and formally apply the “special” nature of China’s political and defence system when dealing with situations that could harm the regime at home and abroad.

“China’s political nature is very different from many countries … it’s not surprising for Beijing to enhance the leadership of the CMC when the PLA is going out to defend China’s national interests across the world,” said Deng, who is now an independent political commentator in the US.

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