(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 the 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 Labor 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, labor 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.
The conference of workers and staff enjoys broad mass
support in China, and among its representatives are not only workers but also
technological staff, managerial personnel and other members. It can represent
all workers and staff in the democratic management of an enterprise. While the
conference is in recess, the committee of the trade union of the enterprise will
function as its work organ and take care of the day-to-day work of the
conference. Since 1998, the system of making factory affairs public has been
adopted in state-owned enterprises, collective enterprises and the enterprises
whose equities are controlled by the two, and has also been extended to
non-publicly owned enterprises. By the end of 2004, 1.732 million enterprises
and public institutions had established trade unions and 369,000 had set up the
conferences of workers and staff, covering 78.364 million employees. In
addition, 316,000 had introduced the system of making their affairs public,
covering 70.612 million employees. Now, 52.8 percent 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 percent of
the employees in publicly owned enterprises with trade union organizations; 32.6
percent 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 percent of the employees in
non-publicly owned enterprises with trade union organizations.
Since the reform and opening-up policies were
instituted, the conference of workers and staff and other forms of democratic
administrative system have been playing an irreplaceable role in democratic
management, coordinating labor relationships, guaranteeing and safeguarding the
legitimate rights and interests of the employees and promoting reform,
development and stability in enterprises and public institutions. The state will
continue to adhere to the principle of running enterprises by depending on the
workers and staff wholeheartedly. With the deepening of the reform and
opening-up, the state will make great efforts to promote the establishment and
improvement of democratic management systems in institutions and enterprises
under all forms of ownership and take practical measures to tackle salient
problems in these respects, so as to ensure the employees to really enjoy their
democratic and legitimate rights and interests.
VII. Respecting and
Safeguarding Human Rights
In March 2004, an Amendment to the Constitution was
adopted by the Second Session of the Tenth 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.
As a committed representative of the Chinese people's
fundamental interests, the CPC has always taken as its basic task the
maintenance of national sovereignty and independence, as well as the
safeguarding and development of the various rights of the people, and regards
the rights to subsistence and development as the paramount human rights. 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,
coordinated 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.