Large Medium Small |
Premier Wen Jiabao's speech on the government's self-regulation, delivered late last month, is a worthy guide for people interested in the Communist Party of China (CPC)'s governance philosophy.
It is first a prescription of hope for the protection of civil rights in the country. Reading between the lines, one cannot miss the CPC's increasing awareness of the need for a change in its relationship with the people. That in itself is good news.
Wen's speech gives the impression that there has been wider agreement within the CPC's national leadership on how to deliver good governance.
We have seen two milestones in that direction: the 2004 Administrative License Law and the 2007 Regulations on Government Information Disclosure. Under the 2004 law, getting central government permits for 2,176 items has become unnecessary or easier. More government licensing requirements have been removed at local levels. Despite the reluctance of public offices, getting government information is no longer an impossible task. The 2007 decree makes it mandatory for government agencies to make public all information, except State and commercial secrets and individuals' privacy.
Besides such major initiatives, government institutions have also become more committed to public service.
Yet the actual performance of government institutions and officials still falls short of public expectation and stipulations in documents. The root of such problems lies in the way some officials position themselves and their institutions.
Despite the rhetoric about the rule of law, officials' behavioral pattern suggests, wrongly though, that they are somewhat beyond and above the law. That explains why, in spite of stipulations to share information, many government agencies still try to keep the public in the dark on certain important issues.
Only a government that respects the rule of the law can guarantee fairness and justice, Wen said. The government has the bounden duty to safeguard all civil rights bestowed by law.
To translate that into action, officials should be aware of the limits of their power, and should not try to cross them.
"It should be up to the law to determine what the government can do and cannot do," Wen said. "The government can only practise powers the law has bestowed upon it. All acts of administration should be based on law, and with due procedure."
Wen singled out departmentalism in legislation and policymaking as a threat to public well-being, and prescribed legitimacy check. A fair and just rule is essential for creating conditions to make sense of due procedure. But that again depends on the political will of the government.
China Daily
(China Daily 09/25/2010 page5)