Note: The Information Office of
China's State Council on
19 October 2005 issued a white paper.
The State
Council Information Office published on Wednesday,
October 19, 2005, a white paper entitled Building of
Political Democracy in China. The document, composed of
10 chapters, gives a detailed account of the inception,
development, contents and principles of the country's
political democracy. This is the first time for the
Chinese government to issue a white paper on the
political democracy. The full text of the white paper
follows:
Building of Political Democracy in China
Preface
I. A Choice Suited to China's Conditions
II. The CPC Led the People to Become Masters of the State
III. The People's Congress System
IV. The System of Multi-Party Cooperation. . .
V. The System of Ethnic Regional Autonomy
VI. Grassroots Democracy in Urban and Rural Areas
VII. Respecting and Safeguarding Human Rights
VIII. ...Democratic Rule by the Communist Party of China
IX. Government Democracy
X. Judicial Democracy
Conclusion
Building of Political Democracy
in China
[Abridged by tiea site owner]
Preface
In the course of their modern history, the Chinese people
have waged unrelenting struggles and made arduous
explorations in order to win their democratic rights. But
only under the leadership of the Communist
Party of China (CPC) did they really win the right to be
masters
of the State.
The Chinese people dearly cherish and resolutely protect
their hard-earned democratic achievements.
Based on the specific conditions of China, the CPC and the Chinese people first
engaged in a New Democratic Revolution, and after New
China was founded in 1949, and proceeding from the actual
situation of the primary stage of socialism, began to
practise socialist democracy with its own
characteristics. The experience over the past few decades
has proved that embarking on this road of development of
political democracy chosen by the Chinese people
themselves not only realized the Chinese
people's demand to be masters of their own country, but is also gradually realizing
their common ideal to build their country into a strong
and modern socialist country.
Socialist
democracy with Chinese characteristics is being
constantly improved and developed. Since China adopted
the reform and opening-up policies at the end of the
1970s, while making efforts to steadily deepen the reform
of its economic system, the country has unswervingly
pushed forward reforms of its political system. China's
democratic system has been continuously improved, and the
forms of democracy are becoming more varied. The people
are exercising fully their right to be masters of
the State. The
building of political democracy with Chinese
characteristics is progressing with the times, exhibiting
great vigour and vitality.
I. A Choice Suited to
China's Conditions
The socialist political democracy of China is rooted in
the vast land of fertile soil on which the Chinese nation
has depended for its subsistence and development over
thousands of years. . . .
Through painstaking exploration and hard struggle, the
Chinese people finally came to realize that mechanically
copying the Western bourgeois political system and
applying it to China would lead them nowhere.
To accomplish the historic task of saving China and
triumphing over imperialism and feudalism, the Chinese
people needed new thought and new theories to open up a
new road for the Chinese revolution and establish a
totally new political system. . . .
In 1921, some progressive intellectuals who had studied
the ideology of democracy and science combined Marxism
and Leninism with the Chinese workers' movement, and
founded the CPC. After that, under the leadership
of the CPC, the Chinese revolution entered the
period of New Democracy, characterized by thorough
opposition to imperialism, feudalism and bureaucratic
capitalism.
The goal of the CPC's leadership of the people in
revolutionary struggles is to realize democracy for the
overwhelming majority of people, and not just for a
minority of the people. The CPC creatively combines the general
truth of Marxism-Leninism with the actual situation of
the Chinese revolution, setting out such democratic
concepts as "democracy for the workers and
peasants," "people's democracy," and
"new democracy," to enrich and develop Marxist
theories on political democracy. In its history, the CPC has adopted many different
organizational forms, such as the congress of workers on
strike, peasants' association, the Soviet of
representatives of workers, peasants and soldiers, the
congress of councillors, and the congress of people from
all walks of life. These forms of political democracy
were suited to the actual conditions in China at various
periods of time and were able to guarantee that the people
were the masters of the State.
The first plenary session of the Chinese People's
Political Consultative Conference (CPPCC) was convened in
September 1949, on the eve of the founding of the
People's Republic of China (PRC). It was an important
meeting at which the CPC discussed major matters concerning
the founding of the new republic in line with the
principle of democracy with all democratic parties,
people's organizations and democratic personages without
party affiliation. It decided on the State system and
organizational form of State power of New China.
The meeting adopted the "Common Programme of the
Chinese People's Political Consultative Conference,"
which served as a provisional constitution of the new
republic. The Common Programme clearly stipulated,
"The People's Republic of China is a State of new
democracy, or of the people's democracy. It will practise
people's democratic dictatorship under the leadership of the working
class, on the basis of the alliance of workers and
peasants, uniting all democratic classes and people of
all ethnic groups in China"; "The State power
of the People's Republic of China belongs to the people.
The organs through which the people exercise State power
are the people's congresses and people's governments at
all levels."
. . .
Not long after the founding of New China, the first
general election in Chinese history - with the
biggest-ever turnout of the people - was held all over
the country in 1953. The people exercised the power of
being masters of the State by electing their own
deputies, and people's congresses were held first at
lower levels and then at higher levels. In
September 1954, the first session of the First National
People's Congress was held, marking the formal establishment of
the system of people's congress all over China. The
Constitution of the People's Republic of China, which had
been discussed widely among the people prior to the
session, was adopted at the congress.
It established the State system of the people's
democratic dictatorship led by the working class and
based on the alliance of workers and peasants, and the
political system, i.e., the people's congress system, as
the basic political systems of the PRC.
. . .
Democratic
centralism
shall be practised in the National People's Congress and
the local people's congresses at various levels as well
as in all other State organs."
. . .
By 1956, most areas in China had completed the socialist
transformation of the private ownership of the means of
production, thereby completing the transition from the
historical period of New Democracy to that of socialism.
After China adopted the reform and opening-up policies in
the late 1970s, the CPC summed up both its positive and
negative historical experiences, and led the people into
a new period in building China's socialist political
democracy.
Over the past 20 years and more, great progress has been
made in China's practice of building a socialist
democratic political system. The system of the people's
congress, the system of multi-party co-operation and political
consultation under the leadership of the CPC, and the
system of regional autonomy for ethnic minorities - all
important components of China's democratic system - have
been continuously improved and developed. The democratic
rights of people at the grass-roots level in urban and
rural areas have been constantly increased, and the
citizens' basic rights are respected and guaranteed. The CPC's capability to rule the country in a democratic manner
has been enhanced further, while the government's
capability to administer the country in a democratic manner
has been strengthened noticeably. Continual progress has
been made in building a democratic system within the legal
framework.
Marked
achievements have been recorded in the reform of the
- State
leadership system,
- legislative
system,
- administrative
management system,
- decision-making
system,
- judicial
system,
- personnel
system,
- and
supervision
- and
checking system.
[original
document combines 7 &8 on one line]
II. The CPC Led the People
to Become Masters of the State
The CPC's leading status was established
gradually in the protracted struggle and practice of the
Chinese people in pursuing national independence, prosperity
and a happy life. It was a choice made by history
and by the people. Today, the CPC's leadership
and rule in China is an objective requirement of the
country's development and progress.
The CPC's leadership and rule is needed for promoting
socialist modernization and realizing great national
rejuvenation. It has been the aspiration and dream for
the Chinese people to rid of their country poor and
backward outlook, and realize modernization and national
rejuvenation over the past 100 years. Under the
leadership of the CPC, after making a range of
explorations and efforts over the past 56 years since the
founding of New China, China has cast off its former
state of abject poverty. . . . It is the
unswerving choice of the Chinese people to march toward
the goal of prosperous, democratic, civilized
socialist modernization under the leadership of the CPC.
The CPC's leadership and rule is needed for
safeguarding China's unification and keeping Chinese
society harmonious and stable. History has proved time
and again that, without the unification of the country
and social stability, there will be no prosperity for the
country, and the people will not be able to live and work
in peace and contentment. Foreign invasions, warlord
rampages and political turmoil brought disaster after
disaster to contemporary China. . . . The unification and
stability of China is a blessing for the Chinese people.
. . .
Guided by scientific theories, with the support of nearly
3.5 million Party organizations and 69.6 million Party
members and based on its rich experience in exercising
State power and its capability in controlling the overall
situation, the CPC has been planning as a whole social
and economic development and making efforts to build a
harmonious socialist society to safeguard the country's
unification as well as social harmony and stability.
The CPC's leadership and rule is needed for making the
State power stable. China is a vast country with a large
population. There are great disparities in terms of
development between urban and rural areas, and between
different regions. . Only then can China concentrate on
construction and development, and only then can the
country's development strategy and goal of modernization
be pursued for a long time
and through to the end.
. . .
Experience has
shown that, in China, it is the CPC that unites the Chinese people,
gives full play to their enthusiasm, initiative and
creativity, and has them engage, heart and soul, in the
common struggle for their common interests, common cause,
common ideal and a better future for China.
The CPC's leadership and rule is, in essence,
to lead, support and ensure that the people are the masters of
the State. All
power in the PRC belongs to the people. This is a
fundamental principle for building political democracy in
China.
. . .
The CPC has led the people to formulate the
Constitution and laws. It takes the lead in observing and
safeguarding the Constitution and laws, and
combats resolutely all activities that violate the
Constitution and laws.
III. The People's Congress
System
The people's congress system is the fundamental political
system by which the Chinese people act as masters of the
State. The Chinese people exercise State power through
the National People's Congress (NPC) and the local
people's congresses at various levels.
The Chinese Constitution stipulates: the NPC of the PRC
is the highest organ of State power. In China, all
administrative, judicial and procuratorial organs of the
State are created by the people's congresses to which
they are responsible and by which they are supervised.
All major issues of the State are decided by the people's
congresses. The administrative organs are responsible for
implementing the laws, resolutions and decisions adopted
by the people's congresses. The courts and procuratorates
exercise their respective powers of jurisdiction and
prosecution independently, in line with the stipulations
of the law, free from interference by any administrative
authority, social organization or individual.
The NPC and the local people's congresses at various
levels are established through democratic elections. They
are responsible to the people and subject to their
supervision. The Chinese Constitution states that all
citizens who have reached the age of 18 have the right to
vote and stand for election, regardless of ethnic status,
race, sex, occupation, family background, religious
belief, education, property status or length of
residence, except for persons deprived of political
rights in accordance with the law. The deputies to the
local people's congresses at county and township levels
are elected directly by the electors.
Over the years, the population that has enjoyed the right
to vote and stand for election has accounted for more
than 99 per cent of the number of citizens at or above
the age of 18, and the ratio of participation in
elections has been around 90 per cent.
Due to China's realities, the deputies to the people's
congresses above the county level are elected indirectly,
that is, by the people's congress at the immediately
lower level.
The Chinese Constitution and law stipulate that the term
of office of each NPC and each of local people's
congresses at various levels is five years, and the NPC
meets in session once a year, and local people's
congresses at various levels meet at least once a year.
The NPC Standing Committee normally meets once every two
months. It is composed of one chairperson, a number of
vice-chairpersons, one secretary-general and a number of
members. The Standing Committee of the 10th NPC has 175
members, including one chairperson and 15
vice-chairpersons. Standing committees have also been
established by local people's congresses at and above the
county level. The members of the Standing Committee of
the NPC and standing committees of the local people's
congresses at and above the county level are elected from
among the deputies to the people's congresses in
competitive elections, and for the same term as the NPC
and local people's congresses at the corresponding
levels.
The people's
congresses have four main functions and powers:
legislation, supervision, appointment and removal of
officials, and making decisions on major issues. These
functions are a major reflection of the way the Chinese
people exercise their power as masters of the State
through the system of people's congress.
To supervise the work of the governments, the courts and
the procuratorates is another important part of the
supervisory power of the people's congresses and their
standing committees at the corresponding level. To hear
and review the work reports of the State Council, the
Supreme People's Court and the Supreme People's
Procuratorate is a basic means by which the NPC and its
Standing Committee exercise their power of supervision.
When the people's congresses are in session, the
governments, courts and procuratorates at the same level
shall report their work to the session, and the
governments shall submit their draft budgets and draft
plans for national economic and social development, and
the draft budgets shall be reviewed for approval by the
session. When the standing committees of the people's
congresses are in session, they hear work reports and
reports on issues that are significant for reforms,
development and stability, as well as urgent topics or
difficulties that are related to the immediate interests
of the people.
The people's congresses and their standing committees
have the power to elect, decide on, appoint or remove,
replace or recall members of relevant organs of State
power. The NPC elects the president and the
vice-presidents of the PRC and the chairperson of the
Central Military Commission of the State; decides on the
choice of the premier of the State Council upon
nomination by the president; decides on the choice of the
vice-premiers, State councillors, ministers in charge of
various ministries or commissions, the auditor-general
and the secretary-general of the State Council upon
nomination by the premier or upon nomination by the
chairperson of the Central Military Commission of the
State; decides on the choice of all other members of the
Central Military Commission; and elects the president of
the Supreme People's Court and the procurator-general of
the Supreme People's Procuratorate.
The local people's congresses at all levels exercise
their power to elect, decide on, appoint or remove,
replace or recall members of local organs of State power
in accordance with the law.
The NPC is entitled by the Constitution to approve the
establishment of provinces, autonomous regions, and
municipalities directly under the central government,
decide on the establishment of special administrative
regions and the systems to be instituted there, and
decide on questions of war and peace, and other major
issues. Issues that are significant to the national
economy and social development, such as the Three Gorges
Project, can only be implemented after a resolution has
been made by the NPC.
Practice has proved that the system of people's congress
is a fundamental political system that is in accord with
the national conditions of China, embodies the nature of
the socialist state of China and ensures the people to be
the masters of the country. It has taken root among the
masses and, therefore, is full of vigour; it represents
the common will and fundamental interests of the people,
and motivates the whole people to plunge in State
construction as the masters of the State, guarantees that
State organs operate in a co-ordinated and efficient way,
and safeguards national unification and ethnic unity.
Through
the system of people's congress, the Chinese people of
all ethnic groups hold the future and destiny of the
State and the nation firmly in their own hands.
IV. The System of
Multi-Party Co-operation and Political Consultation Under
the Leadership of the CPC
The political party system China has adopted is
multi-party co-operation and political consultation under
the leadership of the CPC, which is different from both
the two-party or multi-party competition system of
Western countries and the one-party system practised in
some other countries.
This system
was established and has been developed during the
long-term practice of the CPC and democratic parties in
the course of the Chinese revolution, construction and
reform. It is a result of the united struggle of the CPC
and the democratic parties through thick and thin and is
a basic political system in contemporary China.
There are nine political parties in China at present.
Besides the CPC, there are the Revolutionary Committee of
the Chinese Kuomintang (founded in 1948), the China
Democratic League (founded in 1941), the China National
Democratic Construction Association (founded in 1945),
the China Association for Promoting Democracy (founded in
1945), the Chinese Peasants' and Workers' Democratic
Party (founded in 1930), the China Zhi Gong Dang (founded
in 1925), the Jiu San Society (founded in 1945) and the
Taiwan Democratic Self-Government League (founded in
1947).
In present-day China, these democratic parties are
political alliances of the socialist working people,
builders of socialism and patriots who support socialism,
among whom they have maintained ties respectively.
The Chinese People's Political Consultative Conference
(CPPCC) is an organization of the patriotic united front
of the Chinese people. It is an important organ of
multi-party co-operation and political consultation under
the leadership of the CPC, and an important instrument of
democracy in the country's political life.
The CPPCC National Committee is composed of members of
the CPC and the democratic parties, personages without
party affiliation, representatives of people's
organizations, ethnic minorities and all walks of life,
representatives of compatriots of the Hong Kong Special
Administrative Region, the Macao Special Administrative
Region and Taiwan, as well as of returned overseas
Chinese and other specially invited people, who are
divided into several circles.
The CPPCC National Committee has one chairperson, a
number of vice-chairpersons and one secretary-general,
serves for a term of five years, and holds a plenary
session once a year. The provinces, autonomous regions,
municipalities directly under the central government
establish CPPCC committees of the provinces, autonomous
regions and municipalities. The autonomous prefectures,
cities divided into districts, counties, autonomous
counties, cities not divided into districts and districts
under the jurisdiction of cities, where there are
suitable conditions for setting up local committees, may
establish CPPCC committees in the corresponding areas.
The tenure of these committees is five years, and a
plenary session shall be held at least once a year. The
CPPCC conducts its work centring on the two themes of
unity and democracy, and exercises the functions of
political consultation, democratic supervision, and
participating in the administration and discussion of
State affairs.
The CPPCC plays an important role in the State's
political life, social life and overseas friendship
activities, as well as the country's modernization drive
and the struggle to safeguard national reunification and
unity. The CPC and the governments at all levels consult
the CPPCC on fundamental policies and important issues in
political, economic, cultural and social affairs before a
decision is adopted and during the implementation of such
decisions, so as to heed and canvass a wide range of
opinions. This is a key link for the CPC and the
governments at all levels to ensure that decision-making
is scientific and democratic.
The increasing importance of the system of multi-party
co-operation and political consultation under the
leadership of the CPC in the State's political and social
life can be specified as follows:
Political consultation between the CPC and the democratic
parties and personages without party affiliation has been
gradually institutionalized and standardized.
Members of the democratic parties and personages without
party affiliation play an important role in the people's
congresses.
Members of the democratic parties and personages without
party affiliation hold leading positions in government
and judicial organs at various levels.
Members of the democratic parties and personages without
party affiliation play an important role in the CPPCC.
Members of the democratic parties and personages without
party affiliation exercise democratic supervision over
the work of the party in power and the State organs
through diversified channels and means.
Members of the democratic parties and personages without
Party affiliation actively participate in the country's
reform and opening-up and modernization drive, and make
suggestions to promote the reunification of the
motherland and overall social progress.
V. The System of Ethnic
Regional Autonomy
China
is a unitary
multi-ethnic country. To date, 56 ethnic groups have been
identified and recognized by the central government. The
population of the Han ethnic group accounts for the
majority. As the population of the other 55 ethnic groups
is relatively small, they are customarily referred to as
"ethnic minorities." According to statistics
collected in the fifth national census, conducted in
2000, the population of all ethnic minority groups
totalled 106.43 million, accounting for 8.41 per cent of
the national total.
To solve the problems of ethnic groups, different systems
have been adopted by different multi-ethnic countries
around the world, and what China practises is the system
of ethnic regional autonomy. Ethnic regional autonomy
means that, under the unified leadership of the State,
organs of self-government are established for the
exercise of autonomy and regional autonomy is practised
in areas where people of ethnic minorities live in
compact communities.
China's adoption of ethnic regional autonomy to solve the
ethnic problems is an institutional arrangement based on
its own historical development, cultural characteristics,
ethnic relations and distribution of the ethnic groups,
as well as other specific conditions, which is in accord
with the common interests of all ethnic groups and their
demands for development.
Both the Constitution and
the Law on Ethnic Regional Autonomy contain clear stipulations
on ethnic regional autonomy and its implementation. The
system of ethnic regional autonomy is a basic political
system of China.
Ethnic autonomous areas in China are divided into three
levels, namely, autonomous regions, autonomous
prefectures and autonomous counties. In 1947, before the
People's Republic of China was founded, under the
leadership of the CPC, the first provincial-level
autonomous region in China - the Inner Mongolia
Autonomous Region - was established in the liberated
areas inhabited by Mongolians in compact communities.
After New China was founded in 1949, the Chinese
Government began to introduce the system of ethnic
regional autonomy to all areas where ethnic minorities
lived in compact communities. In October 1955, the
Xinjiang Uygur Autonomous Region was established; in
March 1958, the Guangxi Zhuang Autonomous Region was
established; in October 1958, the Ningxia Hui Autonomous
Region was established; and in September 1965, the Tibet
Autonomous Region was established.
Now, China has established 155 ethnic autonomous areas,
including five autonomous regions, 30 autonomous
prefectures and 120 autonomous counties (banners). Of the
55 ethnic minorities, 44 have their own autonomous areas.
The population of ethnic minorities implementing regional
autonomy accounts for 71 per cent of the total population
of ethnic minorities. Of the 11 ethnic minorities for
which regional autonomy is not implemented because their
populations and habitats are relatively small, nine have
set up autonomous townships.
In accordance with the Constitution and the Law on Ethnic
Regional Autonomy, the organs of self-government of
ethnic autonomous areas are the people's congresses and
people's governments of autonomous regions, autonomous
prefectures and autonomous counties. In addition to
exercising the functions and powers of local State organs
at the corresponding level, they also exercise the power
of autonomy.
Among the chairpersons or vice-chairpersons of the
standing committees of the people's congresses of all 155
autonomous areas in China, there are citizens of the
ethnic group or groups exercising regional autonomy in
the area concerned. The chairperson of an autonomous
region, the prefect of an autonomous prefecture and the
head of an autonomous county are all citizens of the
ethnic group or groups exercising regional autonomy in
the area concerned.
In the working departments of the self-government organs
in these autonomous areas, a rational proportion of
officials from the ethnic group or groups exercising
regional autonomy as well as members of other minorities
living in the area concerned are appointed in accordance
with the law. At present, minority officials total more
than 2.9 million nationwide.
Now available are coded character sets, national
standards for fonts and keyboards in Mongolian, Tibetan,
Uygur, Korean and Yi languages, software in these
languages can be run using Microsoft Windows, and laser
photo-typesetting in these languages has been realized.
By the end of 2004, Tibetan Buddhist sites numbered more
than 1,700 in the Tibet Autonomous Region, with 46,000
resident monks and nuns. Mosques numbered 23,900 in the
Xinjiang Uygur Autonomous Region, with 27,000 clerical
personnel. In addition, regional autonomous areas have
the right to preserve or reform their own folk ways and
customs, independently arrange, manage and develop the
economic construction of the locality concerned,
independently manage local revenues, and independently
develop undertakings of education, science and
technology, culture and sports.
The State assists ethnic autonomous areas to accelerate
their economic and social development through various
measures. Primarily they are: giving strategic prominence
to speeding up the development of ethnic autonomous
areas, giving priority to, and rationally allocating,
infrastructure construction projects in these areas,
strengthening financial input and support to these areas,
attaching importance to ecological and environmental
protection in these areas, adopting special measures to
help these areas develop education, science and
technology, augmenting assistance to impoverished
habitats of ethnic minorities, expediting input into the
social undertakings in these areas, helping them open
wider to the outside world, pairing them up with
more-developed areas for support, and attending to the
special needs of ethnic minorities in their life and
work.
From 2000, when the grand strategy for the development of
western China was adopted, to the end of 2004, 60 key
projects, involving transportation, energy, education,
public health and environmental protection, had been
launched in succession, with a total investment of over
850 billion yuan. All the five autonomous regions, 27
autonomous prefectures, and 83 of the 120 autonomous
counties are covered in the strategy.
Assisting the ethnic minority areas to accelerate their
development has been listed as a major task in the
State's "Seven-Year Programme for Delivering 80
Million People from Poverty" and "Outline for
Poverty Alleviation and Development in China's Rural
Areas," as well as in the pairing-off assistance
between the more-developed east coast and the western
regions, the "National Project of Compulsory
Education in Poor Areas," the "Food and
Clothing Fund for Impoverished Ethnic Minority
Areas," the "National Natural Forest Protection
Project" and the "Broadcast and TV to Every
Village Project."
The State has made special arrangements for the
development of Tibet. From 1994 to 2001, 30 projects were
constructed there, with 3.9 billion yuan in total
investment coming directly from the central government.
During the 10th Five-Year Plan (2001-05), the central
government has invested 31.2 billion yuan in Tibet to
construct 117 projects.
With the energetic assistance and support from the State
and the more-developed areas, the ethnic autonomous areas
have fully exploited their own advantages and maintained
a sound situation featured by economic growth, political
stability, social progress and harmony between ethnic
groups. From 1994 to 2003, the GDP of the ethnic
autonomous areas grew by an annual average of 9.87 per
cent, which was nearly one percentage point higher than
the national average.
In 1994, the per capita GDP of these areas was equivalent
to 63.5 per cent of the national per capita figure; in
2003, it rose to 66.5 per cent. Also in 2003, the local
revenue of the ethnic autonomous areas reached 67.4
billion yuan (US$8.31 billion), 3.3 times that of 1994.
In the same year, the per capita GDP in Tibet was 6,871
yuan(US$847.22), equivalent to 75.5 per cent of the
national per capita average; the per capita GDP in
Xinjiang was 9,700 yuan (US$1,20), equivalent to 106.6
per cent of the national per capita average.
Successful implementation of the system of regional
autonomy for ethnic minorities has enabled the ethnic
minorities to manage their own affairs in accordance with
the law and participate in the democratic management of
State and social affairs. It has also ensured that all
ethnic groups in China, whether their populations are big
or small, enjoy equal economic, political,
social and cultural rights and work together to safeguard
national unity and national solidarity and fight against any attempt to
split the country and destroy national solidarity, thus form among them harmonious
relations characterized by mutual support, mutual help,
striving in unison and common prosperity.
VI. Grassroots Democracy in
Urban and Rural Areas
Expanding the scope of grassroots democracy is an
inevitable trend and the important base for the
improvement and development of political democracy with
Chinese characteristics. Along with China's development
and progress, the scope of grassroots democracy in urban
and rural areas has been expanding continuously, with
more channels for citizens' orderly political
participation and ever-increasing ways to realize
democracy.
China has now established a grassroots democratic
self-government system, which mainly includes rural
villagers' committees, urban neighbourhood committees and
the conferences of workers and staff in enterprises. In
these grassroots mass organizations of self-government in
urban and rural areas, the Chinese people directly
exercise their legal rights of democratic election,
democratic decision-making, democratic management and
democratic supervision, so that they can manage the
public affairs and welfare undertakings of their
grassroots organizations and communities by themselves.
This has become the most direct and broadest practice of
democracy in China today.
(1)
Building of Grassroots Political Democracy in Rural Areas
Among China's population of 1.3 billion, over 800 million
are rural residents. It is an issue of great importance
in China's building of political democracy to expand and
develop rural grass-roots democracy, so farmers can fully
exercise their democratic rights as real masters in their
villages. After years of exploration and practice, the
CPC has led hundreds of millions of Chinese farmers to
find, in view of China's realities, an appropriate way to
promote the building of grassroots political democracy in
rural areas - villagers' self-government.
Self-government by villagers is a basic system by which
the broad masses of the rural people directly exercise
their democratic rights to run their own affairs in
accordance with the law and carry out
self-administration, self-education and self-service.
Burgeoning in the early 1980s, developed in the 1980s and
popularized in the 1990s, this system has become an
effective way to develop grassroots democracy and improve
the level of governance in rural China.
The Chinese Constitution prescribes the legal status of
the villagers' committee as a mass organization of rural
grass-roots self-government. The Law of the People's
Republic of China on Organization of the Villagers'
Committee expressly specifies the nature, functions,
procedures of establishment, terms of service and other
issues related to villagers' committees to ensure the
healthy development of grass-roots democratic
self-government in rural areas.
The implementing rules of the Law on Organization of the
Villagers' Committees and the measures of election of
villagers' committees have been enacted or revised in 31
provinces, autonomous regions and municipalities directly
under the central government on the mainland of China,
which provides a more specific legal guarantee for
villagers' self-government.
Democratic election, democratic decision-making,
democratic management and democratic supervision are the
major contents of villagers' self-government.
Democratic election. Villagers can directly elect or
dismiss members of the villagers' committees according to
the Constitution and the Law on Organization of the
Villagers' Committee.
Democratic decision-making. All important matters
touching on the villagers' interests are to be discussed
at meetings of villagers or their representatives, and
decisions are to be made according to the opinion of the
majority.
Democratic management. In accordance with the State laws,
regulations and related policies, the villagers'
self-government rules, or villagers' code of conduct are
discussed, formulated or revised by all the villagers in
line with the local situation. In line with the
self-government rules, vividly called the "lesser
constitution," the villagers' committees and
villagers practice self-management, self-education and
self-service.
Democratic supervision.The successful experience of
villagers' self-government is a great creation of
millions of Chinese farmers led by the CPC in developing
socialist political democracy with Chinese
characteristics. The promotion of rural grassroots
democracy and the practice of villagers' self-government
have greatly aroused the enthusiasm of the broad masses
of rural people to act as the masters of their own
affairs, enhanced their creativity and sense of
responsibility, thus opening a new chapter in the
building of political democracy in rural China.
(2)
Building of Political Democracy in Urban Communities
The urban
neighbourhood committee is a mass self-government
organization of urban residents in China for
self-management, self-education and self-service. It is
an important form of direct grassroots democracy in
Chinese cities.
After the founding of New China in 1949, neighbourhood
committees were set up in cities all over the country to
make urban residents carry out democratic self-government
over public affairs in their residential areas. In 1982,
the system of urban neighbourhood committee was, for the
first time, written into the Constitution of the People's
Republic of China. The Law of the People's Republic of
China on the Organization of Neighbourhood Committees in
the Cities, enacted by the NPC Standing Committee in
1989, provides the legal basis and institutional
guarantee for the development of urban neighbourhood
committees. In 1999, the State experimented with
community building in 26 municipal districts, and then
community building demonstration activities were held all
over the country.
By the end of 2004, 71,375 neighbourhood committees that
were deemed up to the requirements for the building of
new-type communities had been set up in Chinese cities.
At present, urban community building is spreading from
selected places to wider areas, from large cities to
medium-sized and small cities, and from eastern to
western areas. To improve the level of urban residents'
self-government, a new type of urban communities with
well-organized management and services as well as a
pleasing environment and harmonious neighbourhood
relationships are being built throughout the country.
Like rural
villagers' self-government, the major contents of the
urban residents' self-government are also democratic
election, democratic decision-making, democratic
management and democratic supervision. In terms of
democratic election, the form of election has developed
from candidate nomination to self-nomination, from
nominating one candidate for election to each post to
multi-candidate election, and from indirect election to
direct election, breaking down the limitations on place
and status, and continuously enhancing the degree of
democracy. In recent years, direct elections have been
promoted vigorously in urban communities.
A survey made by the government department concerned on
the 26 experimental urban locations shows that urban
community residents participate actively in the direct
elections of neighbourhood committees and over 90 per
cent of them turn out to vote. As a result of the direct
elections, neighbourhood committee members have tended to
become younger, better educated and more professional.
In terms of democratic decision-making, the residents of
a community, as the mainstay in this respect, exercise
their decision-making power by holding residents'
meetings, forums, hearings and through other effective
forms and channels. In the aspect of democratic
management, the neighbourhood committees work within the
framework of law, and standardize their work according to
the community residents' self-government rules and
regulations, in an effort to make the residents more
conscious of being the masters of their own affairs and
concerned about public affairs in the community.
In the aspect of democratic supervision, the
neighbourhood committee practices open management; all
issues of public concern, difficult problems and
important matters involving the residents' interests are
made public to the residents in a timely manner and
subject to their discussions, comments, suggestions and
supervision.
(3)
Building of the System of Conference of Workers and Staff
The conference of workers and staff is a basic system
ensuring the democratic management of an enterprise or
public institution by its workers and staff members. In
China, this democratic right as master of an enterprise
enjoyed by all the members of an enterprise or public
institution is largely exercised through the system of
conference of workers and staff.
This conference system was adopted in publicly owned
enterprises after the founding of New China, and was
widely promoted in the whole country after 1957. There
are related stipulations on the system of conference of
workers and staff in China's Constitution, the Law on
Industrial Enterprises of Public Ownership, the Labour
Law, the Trade Union Law, and the Regulations Concerning
the Conference of Workers and Staff in Publicly Owned
Industrial Enterprises.
According to these related laws, the conference of
workers and staff has five functions and rights: the
right to make deliberations and suggestions on the plan
and scheme of the enterprise's production management and
development; the right to examine and adopt important
regulations and rules on wages, bonus, labour protection,
punishments and rewards; the right to deliberate and
decide on important matters concerning workers' and staff
members' life and material benefits; the right to
appraise and supervise the administrators and leaders of
the enterprise; and the right to recommend or elect the
head of a factory.
Since 1998, the system of making factory affairs public
has been adopted in State-owned enterprises, collective
enterprises andenterprises whose equities are controlled
by the two, and has also been extended to non-publicly
owned enterprises.
Now, 52.8 per cent of the publicly owned enterprises with
trade union organizations have set up conferences of
workers and staff, covering 35.026 million employees and
accounting for 72.9 per cent of the employees in publicly
owned enterprises with trade union organizations; 32.6
per cent of the non-publicly owned enterprises with trade
union organizations have introduced the system of
conference of workers and staff, covering 27.87 million
employees and accounting for 46.7 per cent of the
employees in non-publicly owned enterprises with trade
union organizations.
VII. Respecting and
Safeguarding Human Rights
In March 2004, an Amendment to the Constitution was
adopted by the Second Session of the 10th National
People's Congress, which included the statement "the
State respects and safeguards human rights" in the
Constitution, thus ushering in a new chapter in the
progress of China's human rights undertakings.
Respecting and safeguarding human rights, ensuring that
the people enjoy extensive rights and freedom according
to law, represents an intrinsic requirement for the
development of socialist democracy. Socialist democracy
means that all power of the state belongs to the people
and people enjoy in real terms the civil rights
prescribed in the Constitution and law. China's socialist
democracy is a kind of democracy built on the basis that
citizens' rights are guaranteed and constantly developed.
The CPC adheres to taking development as the task of
first importance, implements the scientific concept of
putting the people first and seeking an overall,
co-ordinated and sustainable development, and strives to
promote economic development and social progress to
satisfy the people's multiple needs and realize their
all-round development.
The Chinese Constitution comprehensively stipulates the
citizens' basic rights and freedoms. Based on the
Constitution, China has enacted a series of laws on the
protection of human rights, and set up a relatively
comprehensive legal system for the protection of human
rights. On the basis of achievements made over the
50-plus years of economic and social development, the
Chinese people are now enjoying human rights more
comprehensive and fuller than they have ever enjoyed in
the past.
The people's rights to subsistence and development are
guaranteed. The people's average life expectancy was
raised from 35 years before the founding of New China in
1949 to nearly 72 years in 2004.
Citizens' civil and political rights are guaranteed.
China's Constitution and law protect citizens' rights to
freedom of religion, speech and press, and of
association. Citizens' rights to property, reputation,
personal name, honour, personal dignity and personal
safety as well as the right to keep one's property from
encroachment are also acknowledged and protected.
The State encourages proactively the development of the
press and publishing undertakings.
The State respects and protects citizens' freedom in
religious belief, and guarantees that the legitimate
rights and interests of religious adherents and religious
groups, and venues for religious activities are not
violated. According to incomplete statistics, there are
now over 100 million religious adherents, about 300,000
members of the clergy, and more than 100,000 venues for
religious activities in China.
The State has formulated the Regulations on Social
Organization Registration and Management, the Provisional
Regulations for the Registration and Administration of
Private Non-Enterprise Units and the Regulations for the
Management of Foundations to guarantee that citizens have
the legal freedom to form associations. By the end of
2004, there were over 289,000 NGOs of various types in
China, including 153,000 social organizations, 135,000
private non-enterprise units and nearly 900 foundations.
People's economic, social and cultural rights are
guaranteed. There are comprehensive stipulations in the
Chinese Constitution, laws and regulations on citizens'
rights to labour, rest, gender equality, equal pay for
equal work for men and women, intellectual property,
social security, receiving material aid and education,
marriage and divorce, as well as the right to engage and
participate in scientific research, literature, art and
other cultural activities.
The legitimate rights and interests of special groups of
people, such as women, the aged and minors, and
underprivileged groups, such as the disabled, are
guaranteed.
The rights of the ethnic minorities are guaranteed. In
China, people of all ethnic minorities, like citizens of
the Han ethnic group, enjoy all equal civil rights
specified in the Constitution and laws, and participate
in the management of State and local affairs on an equal
basis.
The Chinese Government pays serious attention to the
positive role played by international conventions on
human rights in promoting human rights. To date, China
has joined 21 international conventions on human rights,
and has adopted a series of measures to fulfill its
obligations as specified in those conventions.
VIII. The Democratic Rule by
the Communist Party of China
In its practice of ruling the country over the past five
decades and more, the CPC has developed a series of
important theories on, and established an institutional
system of, democratic rule, and is actively exploring new
ways and new methods of democratic rule. The sense of
democracy among the CPC members has been continuously
enhanced, and notable progress has been made to improve
the democratic work style of Party officials at all
levels.
Democratic rule means that the CPC sticks to the
principle of ruling the country for the people and
relying on the people in its rule, guarantees that the
people are the masters of the State, upholds and improves
the people's democratic dictatorship and the democratic
centralism of the Party and the State, and promotes
people's democracy by enhancing inner-Party democracy.
In September 2004, the Decision of the CPC Central
Committee on the Enhancement of the Party's Governance
Capability was adopted at the Fourth Plenum of the 16th
CPC Central Committee. The document made democratic rule,
scientific rule and rule in accordance with the law the
three basic pillars of the Party in ruling the country,
thus marking a new stage in strengthening the building of
the Party's capability of democratic rule and enhancing
the level of its democratic rule.
(1)
Reforming and Improving the Leadership System and Working
Mechanism
Leadership of the State and society by the CPC mainly
refers to its political, ideological and organizational
leadership, that is, the Party exercises leadership in
line with its basic theory, programme and line, by
formulating major principles and policies, making
suggestions on legislation, recommending cadres for
important positions, conducting ideological education,
and giving full play to the role of the Party
organizations and members.
In practice, the CPC sticks to scientific and democratic
rule and rule in accordance with the law, constantly
reforms and improves the leadership system and working
mechanism, and, acting on the principle that the ruling
party commands the overall situation and co-ordinates the
efforts of all quarters, standardizes relations between
Party committees and the people's congresses, the
governments, the CPPCC organizations and mass
organizations.
(2)
Developing Inner-Party Democracy
Promoting people's democracy by improving inner-Party
democracy is an important component of the CPC's
democratic rule. In recent years, the CPC has been
unceasingly progressing in promoting inner-Party
democracy.
Making efforts to establish and improve a mechanism to
guarantee the democratic rights of Party members. In
September 2004, the CPC Central Committee promulgated the
revised Regulations on the Guarantee of Rights of CPC
Members, which, on the basis of the rights and
obligations prescribed in the Constitution of the CPC and
by summarizing the new experience gained in developing
inner-Party democracy, improves the procedures for CPC
members to exercise their democratic rights, thus further
institutionalizing and standardizing the exercise of such
rights.
Improving and perfecting the system of Party congress.
The CPC has established the system of congress in its
organizations at and above the county level. The national
congress and the congresses of the provinces (autonomous
regions and municipalities directly under the central
government), cities divided into districts, autonomous
prefectures, counties (banners), autonomous counties,
cities not divided into districts and municipal districts
are held once every five years.
Giving full play to the role of plenary sessions of Party
committees. In accordance with the principle of
collective leadership, democratic centralism, individual
consultation and decision-making by meeting, the CPC
endeavours to improve the rules of procedure and the
decision-making mechanism within Party committees, with
priority given to strengthening the role of plenary
sessions of Party committees at all levels.
Reforming and improving the system of inner-Party
elections. The CPC has constantly reformed and improved
the method of candidacy nomination in inner-Party
elections, and the nominations by Party organizations and
Party members are combined in democratic recommendations.
Establishing and improving the mechanism of inner-Party
supervision. In December 2003, the CPC Central Committee
promulgated the Regulations on Inner-Party Supervision of
the CPC (trial version), which, for the first time and in
the form of inner-Party code, makes comprehensive
provisions concerning the focus, ways, methods and other
major issues regarding inner-Party supervision, and
clearly states that leading organs and leading cadres at
all levels, especially principal ones, are the main
target of inner-Party supervision.
(3)
Expanding Democracy in Cadre and Personnel Work
Over the years, the CPC has continuously reformed its
cadre and personnel system and intensified efforts to
make its cadre and personnel work more scientific,
democratic and institutionalized.
First, establishing and improving a scientific mechanism
for selection, appointment, management and supervision of
cadres. In 2002, the CPC Central Committee issued the
Regulations on the Work of Selecting and Appointing
Leading Party and Government Cadres, which contained
comprehensive provisions on all links in selecting and
appointing leading cadres, thus further improving work in
this regard.
Second, introducing the system of open selection and
competition for leading posts. The Regulations on the
Work of Selecting and Appointing Leading Party and
Government Cadres, as well as the Provisional Regulations
on the Open Selection of Leading Cadres of the Party and
Government and the Interim Provisions on the Work of
Competition for Posts in the Party and Government, both
of which were issued by the General Office of the CPC
Central Committee in 2004, all included clear provisions
on the scope of application, procedure of selection, and
methods of examination and review, discipline and
supervision regarding open selection and competition in
this field, thus making the work more regularized and
institutionalized.
Third, improving the mechanism of democratic
decision-making by Party committees regarding the
selection and appointment of cadres.
On the basis of summing up past experience, the Voting
Methods for the Plenum of CPC Local Committees Concerning
Candidates Nominated and Recommended as Head of a Party
Committee or Government of an Immediate Lower Level,
issued by the CPC Central Committee in 2004, clearly
stipulates that the would-be head of a Party committee or
government of a city (prefecture, league) or county
(county-level city, district or banner) shall be, in
usual circumstances, nominated by the standing committee
of the Party committee at a higher level and submitted to
the plenum of the said Party committee for a secret vote.
Fourth, introducing the civil service system.Since the
Provisional Regulations on Civil Servants of the State
was put into effect in October 1993, a large number of
outstanding young talented people with higher education
have been recruited as civil servants through open
examination and selection. In April 2005, the Law of the
People's Republic of China on Civil Servants was
deliberated and adopted by the NPC Standing Committee,
and announced to take effect as of January 2006.
(4)
Tightening Restraints and Supervision over Use of Power
With the goal of establishing a mechanism for the
exercise of power featuring a rational structure,
scientific disposition, rigorous procedures and effective
restraint, the CPC has combined reinforcing the building
of the system of restraint over power with effective
supervision over cadres.
First, it has augmented supervision over leading organs
and cadres, especially principal ones in leading bodies
at all levels. The supervision covers the implementation
of democratic centralism and the rules of procedure for
leading bodies, and the implementation of the system
under which leading cadres report on major matters, their
work and their efforts to perform their duties honestly
and the system of democratic appraisal, instruction and
admonishment, and the system that requires leading cadres
to reply to letters of inquiry from Party organizations.
Second, it has beefed up supervision over the use of
power at key links and sectors, such as the selection and
appointment of cadres, the operation of financial funds
and the management of State-owned assets and finances.
Third, it has given full scope to various supervisory
bodies to raise overall efficiency. This means
strengthening inner-Party supervision, and supporting and
guaranteeing supervision by the people's congresses,
special government organs and judicial departments,
democratic supervision by CPPCC organizations and the
supervision of public opinion.
After long-term unremitting efforts, the CPC has
developed a set of systems, mechanisms and methods to
restrict and monitor the exercise of power, build a clean
government and combat corruption, that are in accord with
the national conditions.
In January 2005, the CPC Central Committee promulgated
the Implementation Outline for Building and Improving the
System to Punish and Prevent Corruption with Equal Stress
on Education, System and Supervision, which represents an
overall arrangement in line with the principle of
addressing both the symptoms and the root causes of
corruption, taking comprehensive measures to rectify both
and trying both methods of punishment and prevention,
with priority given to the latter.
In recent years, the CPC has, in line with the principle
of democratic centralism, gradually introduced
transparency into Party affairs, and set up and improved
a set of systems regarding the circulation of information
among Party members, soliciting opinions on important
decisions and reporting on major matters and their own
incomes by leading cadres, thereby making the systems
play an important role in building a clean government and
combating corruption.
The CPC will continue to battle corruption by improving
its institutional and legal instruments, improve the
relevant leadership system and working mechanism, and
work out overall medium- and long-term plans for the
institutional building of laws and rules to build a clean
government and combat corruption, so as to put the use of
power under institutional and legal control.
It will urge the State legislative organs to expedite the
legislative procedures regarding the building of a clean
government, study and formulate specific anti-corruption
laws, and amend and improve relevant provisions in the
Criminal Law and the Criminal Procedure Law. It will
continue to deepen the reforms of the cadre and personnel
system, judicial system and administrative examination
and approval system, as well as the financial and
monetary system, investment system, and supervision over
and control of State-owned assets, so as to reduce and
finally eliminate the soil for and root causes of
corruption.
The CPC deals severely with Party members and cadres who
violate discipline and laws, and is resolute in removing
and punishing corrupt members.
From December 2003 to November 2004, the Party's
discipline inspection organs and the government's
supervision departments at all levels had put file
162,032 cases of corruption, wound up 160,602 cases, and
disciplined 164,831 persons with Party and administrative
discipline penalties.
Among them, 5,916 were cadres at county (division) level,
415 at department (bureau) level, and 15 at provincial
(ministerial) level. The cases of 4,775 people, or 2.9
per cent of the total punished, were transferred to
judicial organs for criminal investigation.
In January 2005, the CPC Central Committee promulgated
the Implementation Outline for Building and Improving the
System to Punish and Prevent Corruption with Equal Stress
on Education, System and Supervision, which represents an
overall arrangement in line with the principle of
addressing both the symptoms and the root causes of
corruption, taking comprehensive measures to rectify both
and trying both methods of punishment and prevention,
with priority given to the latter.
In recent years, the CPC has, in line with the principle
of democratic centralism, gradually introduced
transparency into Party affairs, and set up and improved
a set of systems regarding the circulation of information
among Party members, soliciting opinions on important
decisions and reporting on major matters and their own
incomes by leading cadres, thereby making the systems
play an important role in building a clean government and
combating corruption.
The CPC will continue to battle corruption by improving
its institutional and legal instruments, improve the
relevant leadership system and working mechanism, and
work out overall medium- and long-term plans for the
institutional building of laws and rules to build a clean
government and combat corruption, so as to put the use of
power under institutional and legal control.
It will urge the state legislative organs to expedite the
legislative procedures regarding the building of a clean
government, study and formulate specific anti-corruption
laws, and amend and improve relevant provisions in the
Criminal Law and the Criminal Procedure Law. It will
continue to deepen the reforms of the cadre and personnel
system, judicial system and administrative examination
and approval system, as well as the financial and
monetary system, investment system, and supervision over
and control of State-owned assets, so as to reduce and
finally eliminate the soil for and root causes of
corruption.
The CPC deals severely with Party members and cadres who
violate discipline and laws, and is resolute in removing
and punishing corrupt members. From December 2003 to
November 2004, the Party's discipline inspection organs
and the government's supervision departments at all
levels had put in file 162,032 cases of corruption, wound
up 160,602 cases, and disciplined 164,831 persons with
Party and administrative discipline penalties. Among
them, 5,916 were cadres at county (division) level, 415
at department (bureau) level, and 15 at provincial
(ministerial) level. The cases of 4,775 people, or 2.9
per cent of the total punished, were transferred to
judicial organs for criminal investigation.
IX. Government Democracy
The Chinese Government is the government of the people.
The fundamental purpose of the entire work of the Chinese
Government is to serve the people, be responsible to the
people, and support and guarantee the people's rights as
the masters of the State.
Since the adoption of the reform and opening-up policies,
especially in recent years, governments at all levels
have, in line with the requirements of democratic rule
and centering on the goal of "forming an
administrative management system that is standard in
conduct, co-ordinated in co-operation, and being fair,
transparent, honest and efficient," energetically
augmented the building of their capability of
administration.
In February 2005, the Working Rules of the State Council
were revamped and announced, fully reflecting the spirit
of democracy that encourages scientific and democratic
decision-making, administration in accordance with the
law and the strengthening of administrative supervision.
(1)
Promoting Administration in Accordance with the Law
In November 1999, the State Council promulgated the
Decision on Pushing Forward Administration by Law in an
All-Round Way, and identified the tasks and requirements
with regard to rule by law. In March 2004, it issued the
Implementation Outline for Pushing Forward Administration
by Law in an All-Round Way, and announced the goal of
basically realizing a law-abiding government in 10 years.
On July 1, 2004, the Law of the People's Republic of
China on Administrative Licensing went into effect.
Under the principle of "rational and legal,
efficient and convenient for the people, and supervision
and responsibility," the law sets a series of
principles and systems for administrative licensing, and,
while requiring the government to administer according to
law, highlights the major contents of democracy in the
government's exercise of power.
Strengthening the legislation work of the government.
Since 1978, the State Council has submitted to the
Standing Committee of the NPC several hundred bills for
deliberation according to law, formulated more than 650
administrative regulations that are still in effect
today. In recent years, the Chinese Government has
persisted in putting the people first and governing for
the people, set great store by legislation directly
related to the immediate interests of the people, and
promoted the co-ordinated development of economic and
social undertakings in an all-round way.
The State Council has submitted to the NPC Standing
Committee a number of bills for deliberation, including
the Production Safety Law ( draft), the Law on Prevention
and Treatment of Infectious Diseases (revised draft) and
the Law on Civil Servants (draft), promulgated or amended
such administrative regulations as the Regulations on
Unemployment Insurance, the Regulations on Guarantee of
Minimum Subsistence Allowances for Urban Residents, the
Regulations on Labour Security Supervision, the
Regulations on Religious Affairs, the Regulations on
Industrial Injury Insurance, the Methods on the Aid to
and Management of Indigent Vagrants and Beggars in
Cities, the Regulations on Marriage Registration, the
Regulations on Legal Aid, and the Regulations on the
Implementation of the Law on Road Traffic Safety.
In 2005, the State Council once again amended and
promulgated the Regulations on Letters of Petition and
Personal Petition, which protects in accordance with the
law the rights of citizens to criticism, suggestion,
appeal, accusation and impeachment, emphasizes the
responsibilities of the government departments in charge,
and gives prominence to the spirit of "unification
of power and responsibility, open operation to facilitate
petitioning and guarantee of the rights of
citizens."
Improving administrative enforcement of the law. The
Chinese Government stresses exercising powers and
functions strictly in line with the legal limits of
authority and legal procedures, introduces in an
all-round way the responsibility system in administrative
enforcement of law, strictly investigates and affixes the
responsibility for mistakes in law enforcement,
constantly strengthens the law enforcers' sense of
administration in accordance with the law, and reduces
and eventually eliminates acts of enforcing law at
liberty.
In the course of enforcing the law, attention has been
placed on protecting the legitimate rights and interests
of the parties concerned and the parties of interest, and
on resolutely rectifying misconduct that encroaches on
the interests of the people, abuse of power for personal
gain and other breaches of the law, so as to ensure that
the laws are enforced in a strict, just and civilized
manner.
Over the past few years, the government has made sincere
efforts to rectify illegal administrative acts of
infringements on people's rights in the work of
demolition and relocation in cities and land
expropriation and requisition in rural areas.
Improving the systems of administrative supervision.
While accepting the supervision of the NPC, CPPCC,
judicial organs, public opinion and the masses, the
Chinese Government has established and improved a set of
systems of administrative supervision.
The first is the system geared to tracking down the
responsibility for erroneous administrative decisions.
Based on the principle of "he who makes the decision
will be held responsible," where massive losses are
caused because of stepping beyond the bounds of one's
power or because of violation of procedures, the
decision-makers shall be held strictly accountable.
The second is the introduction of the system of affixing
administrative responsibilities, under which government
officials are held responsible if their administrative
conduct violates the law.
The third is the implementation of the administrative
review system and the filing and examination system of
regulations and regulatory documents so as to promptly
and effectively ensure that subordinate departments and
governments act in accordance with the law.
The fourth is strengthening supervision by auditing and
monitoring organs. The National Audit Office is empowered
to conduct careful auditing of the implementation of the
central financial budget and other financial revenues and
expenditures before making relevant reports to the NPC
Standing Committee and the State Council, and made
penalty decisions for the violation of financial laws and
regulations. China decided in 2005 to enlarge the
auditing of economic responsibilities to all leading
cadres at department (bureau) level while continuing a
similar practice among provincial-level
(ministerial-level) officials.
(2)
Accelerating the Transformation of Government Functions
In line with the requirements of democratic
administration, the Chinese Government has accelerated
its structural reform and the transformation of
government functions, pressed ahead with innovations in
management structures and systems, with special focus on
efficiency of administration, and striven to build a
clean, efficient and pragmatic government.
Defining the administrative functions of the government
in accordance with the law. Guided by the principle that
things that can be handled by citizens, legal persons or
other organizations independently, or be regulated by the
market competition mechanism, or be solved by industrial
organizations or intermediaries through self-disciplinary
mechanism, shall not be solved through administrative
ways by administrative organs, the relations between
government and enterprise, government and the market, and
government and society have been rationalized gradually,
and things that the government need not bother about
shall be shifted to enterprises, the market or society
correspondingly.
Deepening the reform of the system of administrative
examination and approval. To solve the problem of
excessive administrative examination and approval and
uproot corruption, the Chinese Government has pressed
forward with reform of administrative examination and
approval, comprehensively sorted out projects subject to
administrative examination and approval, and scrapped or
adjusted the examination and approval of such projects.
From 2002 to 2004, the State Council eliminated or
moderated 1,806 such projects in three batches. By the
end of 2004, the number of projects that needed review
and approval by State Council departments had been cut by
50.1 per cent. In the meantime, local governments have
also endeavoured to streamline similar projects and
standardize their conducts of examination and approval.
The Chinese Government will continue to deepen the reform
of the system of administrative examination and approval,
improve the examination and approval methods, and
reinforce follow-up supervision and control, so as to
build a scientific and rational mechanism of
administrative management and supervision.
Strengthening social management and public services. The
Chinese Government has made great efforts to improve its
social management system and pattern, and maintain social
order and stability to promote social justice.
The State Council has promulgated 106 plans for
emergency, including the Regulations on Response to
Public Health Emergencies and the Regulations on
Preventing and Dealing with Geological Disasters, worked
out the State General Plan for Handling Public Health
Emergencies, and is constantly improving its capacity to
deal with all emergencies of various kinds.
To make itself a better supplier of public services, the
Chinese Government is paying more attention to responding
to the common demands of society, and gradually improving
and completing its public policy and service system. In
addition, it is shoring up financial support for
education, science and technology, culture, public health
and other social undertakings, and pushing forward the
commercialization process of some public products and
services in an active and steady way.
(3)
Making Decisions in a Scientific and Democratic Manner
The Chinese Government has kept reforming and improving
its decision-making mechanism, made efforts in
introducing a scientific and democratic practice in
decision-making, and encouraged and expanded all forms of
effective participation of the masses in government
decision-making.
Establishing a system of open administration. The Chinese
Government requires its subordinate departments at all
levels to make public their administrative affairs as far
as possible, so as to enhance the transparency of
government work and guarantee the people's right to know,
participate in and supervise the work of the government.
In particular, it requires schools, hospitals, as well as
water, power, gas, public transportation and other public
departments and units that are closely related to the
people's interests to adopt the system of open
administration in an all-round way. In recent years, the
work of the government has become more transparent with
the establishment of government websites and promotion of
e-government, as well as the introduction and improvement
of the system of press spokespersons and the mechanism of
media reporting on emergencies.
Now, the Chinese Government is enacting regulations to
enhance the transparency of government administration
with the aim to provide institutional guarantees to
standardizing open administration.
Increasing the public's participation in government
legislation. By way of media publicity of drafts of laws
and regulations, consultation and discussion with
experts, seminars and hearings, the Chinese Government
has stepped up the practice of open government
legislation to ensure the effective participation of the
public in the work.
On the basis of summing up past experience, the
Implementation Outline for Pushing Forward Administration
by Law in an All-Round Way has codified and improved
relevant systems and mechanisms, so as to ensure that the
wisdom of the masses and the will of the people are
embodied in government legislation.
Establishing a system of expert consultation, discussion
and appraisal. When making important decisions,
governments at all levels earnestly listen to and accept
the opinions of experts. In recent years, the state has
organized experts to complete several important strategic
study reports on development, including the state medium-
and long-term development plans for science and
technology, the development plan for agricultural science
and technology, the national strategy on sustainable
development of water resources, and the plan for building
a public health system, thus providing intellectual
support for government decision-making.
When formulating or revising administrative regulations,
the State Council extensively solicits the opinions of
experts, accepts their suggestions, and makes great
efforts to ensure that the regulations are in accord with
reality and are practical.
Building systems of public hearing and publicity. Public
hearing and publicity are increasingly becoming a common
practice adopted by governments at all levels when making
decisions.
The Law on Legislation, the Law on Price, the Law of
Administrative Licensing, the Law on Administration of
Toll Highways, and other rules and regulations include
expressly specified provisions on public hearings. Some
local governments have also worked out their own rules on
hearings concerning administrative decision-making.
In January 2002, the government departments concerned
conducted a hearing on the "plan for
government-guided pricing of some passenger train
tickets," the first national hearing on an
administrative decision in Chinese history, which
attracted wide attention from the society. In recent
years, several thousand hearings of various kinds have
been held across the country, and the public's enthusiasm
for participating in government decision-making is higher
than ever before.
X. Judicial Democracy
China's judicial structure and system are important
components of the country's system of socialist political
democracy. Over the years, China has endeavoured to build
and improve its judicial system and working mechanism,
strengthen the building of judicial democracy, and
guarantee the legitimate rights and interests of citizens
and legal persons through judicial justice, and realize
social fairness and justice.
China has set up separate judicial organs and
procuratorial organs under the people's congresses, and
practices a judicial system with separation between
judicial organs and procuratorial organs. The judicial
system reveals the nature of the socialist system in
which the people are the masters of the country, and also
learns from the experience of other countries in their
building of judicial systems. Chinese judicial organs use
facts as the basis and law as the yardstick, and punish
crimes in strict accordance with the law to protect the
legitimate rights and interests of citizens.
According to the Chinese Constitution and relevant laws,
the people's courts and people's procuratorates exercise
judicial power and procuratorial power independently in
accordance with the law, and are responsible to, and
supervised by, the people's congresses. They are not
subject to interference by any administrative organ,
public organization or individual.
The judicial organs carry out their duties independently
within the limits as prescribed by the law, and any
interference in their independent exercise of judicial
power and procuratorial power in accordance with the law
is a violation of the Constitution and the law.
Based on this, China has established a system in which
the courts independently exercise their judicial power to
conduct civil, administrative and criminal trials in
accordance with the law, and the procuratorates
independently exercise their power to approve arrests,
institute public prosecutions, lodge protests and
supervise law enforcement in accordance with the law.
As the judicial organs of the state, the people's courts
take judicial justice as the aim, reform and complete the
trial system in line with the principle of independence
in trial, and punish criminals and protect the people
through trials: they practice the system of defence in
criminal trials, attach importance to evidence, not give
credence to confessions and see to it that the rights of
accused are protected.
In civil trials, they pay attention to protecting the
rights of the litigants and provide judicial guarantees
for citizens to exercise their democratic rights and for
litigants to enjoy their civil rights. In administrative
trials, they protect citizens' legitimate rights from
infringement by illegal conduct of administrative organs.
In recent years, the people's courts have been constantly
improving litigation procedures to protect legal rights
and interests of citizens and legal persons, and truly
solve the issue of difficulty in enforcement.
China has established the Supreme People's Court and
people's courts at various local levels, as well as the
military courts and other special people's courts. By the
end of 2004, there were 3,548 people's courts at various
levels and special people's courts, with a total of
190,627 judges.
As the State organs for legal supervision, the people's
procuratorates bear, in accordance with the law, the
responsibility of cracking down on criminal offenses,
investigating embezzlement, bribery, misconduct and
infringement of the people's rights by state
functionaries, as well as exercising legal supervision
over lawsuits and safeguarding judicial justice and legal
uniformity.
With regard to the legal supervision over criminal
lawsuits, they supervise in an all-round way the filing
of cases, investigation, trial and execution of
penalties, and give equal stress to both the extirpation
of crime and the protection of human rights. In legal
supervision over civil and administrative lawsuits, they
protect the legitimate rights and interests of the
parties on an equal footing, with priority given to cases
of unjust judgments caused by serious violation of legal
procedures, taking bribes and bending the law, and
committing irregularities for personal gain.
In recent years, the procuratorial organs have made
public their operations, adopted the system of notifying
litigants of their rights and obligations, the system of
public review of non-prosecution cases, criminal appeals
and civil administrative counter-appeals, and a working
mechanism that guarantees that lawyers perform in
accordance with the law in handling criminal law-suits,
in an effort to ensure judicial justice. In 2004,
procuratorial organs turned down requests for arrest
warrants in 68,676 cases, reversed prosecution decisions
in 26,994 cases, corrected 2,699 cases that had been
improperly placed on file by investigation organs,
allowed appeals in 3,063 criminal cases and 13,218 civil
administrative judgments, demanded retrials in 4,333
cases, placed 5,569 criminal appeal cases on file for
re-investigation, and changed 786 original decisions.
China has established the Supreme People's Procuratorate
and the people's procuratorates at various local levels,
as well as military procuratorates and other special
people's procuratorates. By the end of 2004, there were
3,630 people's procuratorates at various levels, with
140,077 procurators.
Chinese judicial practice abides, both in institutional
and procedural terms, by the principle that everyone is
equal and the principle that the punishment must be made
to fit the crime. The systems of trial by levels,
challenge, open trial, people's jurors, people's
supervisors, lawyers, legal assistance and people's
mediation have been introduced to safeguard judicial
justice, and guarantee the democratic rights of the
people and the legitimate rights and interests of
citizens.
System of open trials. The system of open trial is
prescribed in both the Chinese Constitution and relevant
laws. In recent years, the Supreme People's Court
requires courts at all levels to try cases openly and in
strict accordance with the law, in open courts and with
evidence openly submitted, question the witness openly,
and announce all judgments openly. The people's courts at
various levels have further reinforced the system of open
trials. Except for cases that should be tried in camera,
as specified by law, they now hear all cases in public.
Notice of cases to be tried in public shall be announced
in advance to open the entire process to the auditing of
ordinary citizens and the press. The people's courts
also, on their own initiative, invite deputies to the
people's congresses and members of CPPCC organizations to
audit open trials so that the NPC deputies can supervise
and the CPPCC members can inspect judicial activities.
System of people's jurors. After New China was founded in
1949, the State prescribed the system of people's jurors
in relevant laws, and made detailed provisions for such a
system in the Organization Law of People's Courts and
other laws enacted later. The Decision on Improving the
System of People's Jurors, adopted by the NPC Standing
Committee in August 2004, clearly states the scope of
trials in which jurors could participate, as well as the
qualifications and selection, and rights and obligations
of jurors. In line with the law and relevant provisions,
the people's courts implement the system of people's
jurors in earnest to ensure people's direct participation
in and supervision of judicial activities.
System of people's supervisors. Adopting the system of
people's supervisors and placing procuratorial work under
the effective supervision of the people embody the
requirements of lawsuit democracy. Since October 2003,
the procuratorial organs began to try out the system of
people's supervisors in 10 provinces, autonomous regions
and municipalities directly under the central government.
Later, this system was spread to 86 per cent of all
procuratorates nationwide. People's supervisors are
selected at the recommendation of various organs, groups,
institutions and enterprises, with such major duties as
conducting independent appraisals and submitting
supervisory comments on cases the procuratorial organs
have directly placed on file for investigation but have
later decided to withdraw or halt the prosecution of, and
in cases of refusal to submit to arrest.
They can also participate, upon invitation, in other
law-enforcement examination activities organized by the
people's procuratorates regarding crimes committed by
civil servants, and make suggestions and comments on
violations of law and discipline discovered. By the end
of 2004, a total of 18,962 people's supervisors had been
selected, who had supervised the conclusion of 3,341
cases.
System of lawyers. The Lawyers Law, promulgated in 1996,
initially established the basic framework of a system of
lawyers with Chinese characteristics, and it contains
provisions on the rights and obligations of lawyers in
the course of judicial and administrative procedures, and
other social activities.
By the end of 2004, there were 118,000 certified lawyers
and 11,691 law firms in China; the unitary State law
firms had been replaced by the coexistence of a multiple
variety of law firms, including partnership law firms,
state law firms and co-operative law firms, with the
partnership law firms accounting for 68.6 per cent of the
total. In addition, 148 foreign law firms from 17
countries had been allowed to establish offices that are
allowed to operate within the boundaries of China, and
the Hong Kong Special Administrative Region had
established 48 law offices on Chinese mainland.
The establishment and improvement of the system of
lawyers enable the lawyers to make use of legal means to
protect the rights and interests of the litigants, and
ensure correct application of law and social fairness and
justice.
System of legal assistance. Legal assistance is a key
measure to guarantee the legitimate rights and interests
of the disadvantaged groups and achieve judicial justice.
Since 1994, China has explored the building of a legal
assistance system with Chinese characteristics.
Provisions on the status of the system are stipulated in
the Criminal Procedure Law, the Lawyers Law and other
laws.
The Regulations on Legal Assistance, which came into
effect in September 2003, set the basic framework for the
system. By the end of 2004, some 3,023
government-sponsored legal assistance organs had been set
up across the country, including 2,628 at county and
district level, thus initially forming a basic network
giving access to people with various difficulties in both
urban and rural areas.
Nationwide, some 10,458 persons are designated to provide
legal assistance, of whom 4,768 are professional lawyers.
Input of funds for legal assistance from the treasuries
of governments at various levels has increased year by
year, up from 18.69 million yuan in 1999 to 217.12
million yuan in 2004, representing an annual average
growth of 212 per cent.
Over the past decade, legal assistance organizations
throughout the country have organized lawyers, grassroots
legal service workers and volunteers to handle some 1.1
million legal assistance cases, providing such services
to more than 1.6 million people. In recent years, many
social groups, NGOs and institutions of higher learning
have also participated in legal assistance work.
System of people's mediation. By people's mediation, it
means to, under the guidance of people's mediation
committees established in accordance with the law, on the
basis of voluntariness from the parties to a dispute and
taking the state laws, regulations, rules, policies and
social morality as the yardstick, help the parties to a
dispute to reach an agreement by way of ample reasoning
and patient persuasion.
To date, over 860,000 people's mediation committees have
been established nationwide. Manned by 6.6 million
people's mediators, they provide mediation services to
about 6 million civil disputes of various kinds, and the
rate of success exceeded 95 per cent.
Conclusion
China's socialist political democracy has enabled the
Chinese people, who account for one-fifth of the world's
population, to become masters of their own
country and society, and enjoy extensive democratic
rights. This
is a great contribution to the development of the political
civilization of mankind.
China's socialist political democracy accords with the
national conditions, ensures that the people give full
play to their enthusiasm, initiative and
creativity in
building and managing the state as masters of the country
and society, and promotes China's economic development
and social progress in an all-round way.
Despite the tremendous achievements scored in building a
socialist political democracy, the CPC and the Chinese people are clearly
aware of the many problems yet to be overcome.
The major ones include:
- The democratic system
is not yet perfect;
- the people's right to
manage state and social affairs, economic and
cultural undertakings as masters of the country
in a socialist market economy are not yet fully
realized;
- laws that have already
been enacted are sometimes not fully observed or
enforced, and violations of the law sometimes go
unpunished;
- bureaucracy and
corruption still exist and spread in some
departments and localities;
- the mechanism of
restraint and supervision over the use of power
needs further improvement;
- the concept of
democracy and legal awareness of the whole
society needs to be further enhanced; and
- the political
participation of citizens in an orderly way
should be expanded.
There is still a long way to go in China's building of
political democracy, which will be a historical process
of continuous improvement and development.
The history and reality of human political civilization
have proved that there is no one single and absolute
democratic mode in the world that is universally
applicable. To say whether a political system is
democratic or not, the key is to see whether the will of
the overwhelming majority of the people is fully
reflected, whether their rights as masters of the country
are fully realized, and whether their legitimate rights
and interests are fully guaranteed.
The arduous explorations and struggles made by the
Chinese people over the past 100 years and more in order
to realize democracy, and especially China's success in
building a socialist political democracy, have made the
CPC and the Chinese people realize that China must base
the building of political democracy on its reality,
review its own experience gained in practice, treasure
its own achievements, and learn from the experience and
achievements of the political civilization of other
countries.
But, it must not copy any model of other countries.
China's building of political democracy will abide by the
following principles:
Upholding the unity of the leadership of the CPC, the
people being the masters of the country and ruling the
country by law.
Giving play to the characteristics and advantages of the
socialist system.
Being conducive to social stability, economic development
and continuous improvement of the people's life. The CPC
and the Chinese Government will firmly concentrate on
economic construction, and make every effort to solidify
the material and cultural foundations for continuously
raising the level of socialist political democracy.
Facilitating the safeguarding of national sovereignty,
territorial integrity and State dignity.
Being in accord with the objective law of progress step
by step and in an orderly way. China's building of
socialist democracy is a historical process with
continuous progress in realizing the goal and enhancing
the level of the people being the masters of the country.
A complete model of democracy cannot be built overnight.
The CPC and the Chinese people are unswervingly pressing
ahead with an all-round and co-ordinated development of
socialist material, political and cultural civilization
and the building of a harmonious society, continuously
studying new situations and new problems arising in the
course of the building of political democracy, exploring
and creating new mechanisms and new ways to ensure that
the people become the masters of the country, and
developing socialist political democracy under prescribed
leadership, step by step and in an orderly way in line
with the objective law of the development of socialist
political democracy.
The socialist system has been introduced and practiced in
China for only a few decades, which is a short period
compared with other social systems adopted in the history
of mankind. To keep improving and developing socialist
political democracy to enable the people to fully enjoy
and exercise their rights as the masters of the country
has always been the firm goal of all the endeavour of the
CPC and the Chinese people.
At present and for a period to come, the CPC and the
Chinese Government will actively and steadily push
forward the reform of the political system, stick to and
improve the socialist democratic system, strengthen and
improve the socialist legal system, reform and improve
the methods of leadership and rule of the CPC, reform and
improve the government's decision-making mechanism,
promote the reform of the system of administrative
management, boost the reform of the judicial system,
deepen the reform of the cadre and personnel system,
reinforce the restraint and supervision over power,
strive to maintain social stability, and promote economic
development and social progress in an all-round way.
The immense achievements of the construction of the
socialism with Chinese characteristics have made the CPC
and the Chinese people full of confidence in the road of
political development chosen by them-selves.
Along with economic development and social progress,
China's socialist political democracy will be further
perfected, and with its great advantages and strong
vitality, fully demonstrated. In the future, the Chinese
people will surely enjoy more and more substantial fruits
of their political civilization.
China Daily 10/20/2005
page5)
©Copyright
2005 Chinadaily.com.cn
All rights reserved. Registered Number: 20100000002731
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Links to comments and white paper from
Google:
The white paper is very
long and very encouraging to me.
It contains a detailed
serious account of problems and solutions from the
perspective of editors working for the Chinese
Communist Party.
Because I assume the
editors are scared to fail to please party leaders of the
moment, I do not believe we can credit their document
with the same degree of honesty we would expect from a
similar paper from the United Kingdom;
but I do credit it with the honesty of the best papers
from the Soviet Communist Party during the Cold War.
And we must be pleased
that Soviet Russia did not destroy all life on earth
--- something they or we were capable of --- and
could do tomorrow.
I have read but not
digested the whole paper --- over time I may digest more.
Based on fast reading I have abridged important
paragraphs about what the party will do. Other parts, that contain
constitutional and legal detail, I have not abridged ---
but I reduced their font size for easy passing over. (With most browsers you can
easily increase thier size and read them.)
I am taking the time to
study and comment on the paper, not primarily to discuss
China, but to discuss the more general problem of getting
a handle on reform in the United States and the global
economy. In the white paper,
Chinese writers were
compelled to condense history and planning for the
future in the same place. That is close to where many
of my friends are --- when we write about political
and monetary reform to create a better world.
My comments will not be
arranged parallel to the white paper. Rather, they will
be continuous from this point to as long as go. And they
will be written over a period of days or weeks. Today is
October 20th,
and I'm posting what is here. In future, anything in
these columns will be changed to suit the need.
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