White Paper on Political Democracy Published
The State Council Information Office published on Wednesday 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 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 and Political
Consultation Under the Leadership of the CPC
V. The System of Ethnic Regional Autonomy
VI. Grassroots Democracy in Urban and Rural Areas
VII. Respecting and Safeguarding Human Rights
VIII. The Democratic Rule by the Communist Party of
China
IX. Government Democracy
X. Judicial Democracy
Conclusion
Preface
Democracy is an outcome of the development of political
civilization of mankind. It is also the common desire of people all over the
world. Democracy of a country is generated internally, not imposed by external
forces.
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.
Because situations differ from one country to another,
the paths the people of different countries take to win and develop democracy
are different. 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 practice 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 vigor and vitality.
I. A Choice Suited to China's Conditions
The experience of political civilization of mankind over
a history of several millenniums is ample proof of the truth that the political
system a country adopts and the road to democracy it takes must be in conformity
with the conditions of that country. 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. It grew
out of the experience of the CPC and the Chinese people in their great practice
of striving for national independence, liberation of the people and prosperity
of the country. It is the apt choice suited to China's conditions and meeting
the requirement of social progress.
China has a history of 5,000 years of civilization.
Boasting a splendid civilization in the same league as those of ancient Egypt,
India and Babylon, China has contributed greatly to the development and progress
of mankind. The Chinese people are industrious, courageous and full of wisdom.
It is generally acknowledged in the world that the Chinese nation has a long,
uninterrupted history and a rich cultural heritage.
China had a long history of feudal society, and when,
from 1840 on, the Western imperialist powers launched, time and again,
aggressive wars against China, the corrupt and weak feudal ruling class buckled,
and China was reduced to a semi-colonial, semi-feudal society. For nearly 110
years after that, China became a target of plunder for almost all the
imperialist countries, big and small. The Chinese nation was plunged into the
most dangerous situation: suffering from invasion by imperialism from the
outside and oppression by feudalism on the inside. The Chinese people had no
democratic rights whatsoever. To change the fate of the country and the nation,
generation after generation of Chinese people rose up and waged heroic
struggles, one stepping into the breach the moment another fell.
In this movement to save China from destruction, some of
the elite turned their eyes to the West for a road that would save the country
and the people. They started a bourgeois democratic revolution in China. The
Revolution of 1911, led by Dr. Sun Yat-sen, forerunner of the democratic
revolution in China, brought to an end the autocratic monarchical system that
had been in place for more than 2,000 years. But the bourgeois republic,
including the parliamentarism and multi-party system that were subsequently
established after the Revolution of 1911 in imitation of the mode of Western
democracy, did not fulfill the fervent desire of the Chinese people for
independence and democracy. The new republic soon collapsed under the onslaught
of domestic and foreign reactionary forces. A contemporary said in anger and
grief, "Many lives were lost and a lot of blood was shed, but what we achieved
was a counterfeit republic." The Chinese people had still not shaken off
oppression, slavery and exploitation. What was the way out for China? The
Chinese people were pondering, exploring and struggling in the dark.
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. The important historic task of leading the Chinese people to find this
new road and establish a new system landed on the shoulders of the Chinese
communists. 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. After
fighting bravely for 28 difficult years, China finally achieved national
independence and the people's liberation.
As the vanguard of the Chinese working class, the
Chinese people and the Chinese nation, the CPC has taken as its own task the
realization and development of a people's democracy right from the date of its
founding. 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 councilors, 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. These forms of political democracy were a
striking contrast to the ruling system of the Kuomintang, and they reflected the
people's wishes and enjoyed popular support.
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 Program of the Chinese
People's Political Consultative Conference," which served as a provisional
constitution of the new republic. The Common Program clearly stipulated, "The
People's Republic of China is a state of new democracy, or of the people's
democracy. It will practice 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." The founding of the
PRC on October 1, 1949 marked the great victory of the New Democratic Revolution
won by the Chinese people under the leadership of the CPC and the fundamental
change that had taken in the political status of the Chinese people. From then
on, the Chinese people became the real masters of their country, society and
their own fate. The establishment of New China marked a great leap from the
2,000-year-old autocratic feudal political system and the unsuccessful trials in
contemporary China imitating the mode of Western democratic political systems to
the new people's democratic political system.
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. It also clearly stipulated that "All power
in the People's Republic of China belongs to the people. The National People's
Congress and the local people's congresses at various levels are the organs
through which the people exercise state power. Democratic centralism shall be
practiced in the National People's Congress and the local people's congresses at
various levels as well as in all other state organs."
The establishment of the system of people's congress and
the promulgation of the Constitution of the People's Republic of China meant
that the Chinese people's exercise of the right to be masters of the state now
had a reliable institutional guarantee and constitutional basis. 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. Thus, the basic system
of socialism was established, and the widest and deepest social transformation
in Chinese history has accomplished. But, New China made some detours in its
quest of the way to build political democracy. The grave mistakes of the
"cultural revolution" (1966-1976), in particular, caused a serious setback for
China in building its political democracy, and the nation learned a bitter
lesson.
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. Without democracy there could be no socialism, much less
socialist modernization; the socialist legal system had to be strengthened so
that democracy could be institutionalized; it was necessary to govern the
country by law and build a socialist country under the rule of law; socialist
political democracy had to be developed and socialist political civilization had
to be built; the CPC's leadership, the people being the masters of the state and
governing the country by law had to be integrated; and the people had to be put
first, and the country must be governed for the people so as to build a
harmonious socialist country. All these have become the common understanding of
the CPC and the people of all ethnic groups of China as they improve and develop
socialist political democracy, and will serve as their guiding principles as
they move forward.
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 cooperation 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 grassroots 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. Guided by the objective of ruling the country by law and
building a socialist country under the rule of law, more efforts are being made
to build socialist democracy so that it is institutionalized, standardized and
in line with prescribed procedures. A socialist law regime with Chinese
characteristics and with the Constitution at its core has been preliminarily
formed. Major aspects of China's politics, economics, culture and social life
are now within the purview of the rule of law.
In building socialist political democracy, China has
always adhered to the basic principle that the Marxist theory of democracy be
combined with the reality of China, borrowed from the useful achievements of the
political civilization of mankind, including Western democracy, and assimilated
the democratic elements of China's traditional culture and institutional
civilization. Therefore, China's socialist political democracy shows distinctive
Chinese characteristics.
- China's democracy is a people's democracy under the
leadership of the CPC. Without the Communist Party there would be no New China.
Nor would there be people's democracy. This is a fact that has been borne out by
history. The Chinese people won the right to be masters of the state only after
many years of arduous struggle under the leadership of the CPC. The democratic
political system in China was established by the Chinese people led by the CPC.
The development and improvement of this system are also carried out under the
CPC's leadership. The leadership of CPC is a fundamental guarantee for the
Chinese people to be masters in managing the affairs of their own country.
- China's democracy is a democracy in which the
overwhelming majority of the people act as masters of state affairs. That the
people are the masters is the quintessence of China's socialist democracy. In
China, the publicly owned sector of the economy is the economic foundation of
China's socialist system. In the primary stage of socialism, the state persists
in the basic economic system with public ownership playing a dominant role and
diverse forms of ownership developing side by side and the distribution system
in which to each according to his work is predominant while other forms of
distribution exist side by side. This ensures, from the perspective of economic
foundation, that China's democracy will not be manipulated by capital; it is not
a democracy for a small number of people, but one for the overwhelming majority
of the people. In China, people enjoying the democratic rights include everyone
who has not been deprived of political rights by law.
- China's democracy is a democracy guaranteed by the
people's democratic dictatorship. Under the people's democratic dictatorship, on
the one hand, democracy of the widest scope is practiced among the people, human
rights are respected and ensured, and state power is in the hands of the people
and serves the interests of the people. On the other, criminal activities, such
as sabotage of the socialist system, endangering state security and public
security, infringement on citizens' rights of the person or their democratic
rights, embezzlement, bribery and dereliction of duty, are penalized according
to law so as to safeguard the fundamental interests of the broad masses.
- China's democracy is a democracy with democratic
centralism as the basic organizational principle and mode of operation.
Democratic centralism is the fundamental principle of organization and
leadership of state power in China. When democratic centralism is practiced, it
requires that we give full play to democracy and discuss matters of concern
collectively, so that people's wishes and demands are fully expressed and
reflected. Then, all the correct opinions are pooled, and decisions are made
collectively so that the people's wishes and demands are realized and met. The
practice of democratic centralism also requires that "the majority be respected
while the minority is protected." We are against the anarchic call for
"democracy for all," and against anybody placing his own will above that of the
collective.
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. The Chinese revolution, construction and reform have demonstrated
to the world that it was the CPC that led the Chinese people to find the correct
road to win national independence and liberation. It was the CPC that led the
Chinese people to find the correct road to build China into a prosperous,
democratic and civilized modern country. It is precisely because of this
historical reason that the CPC's leading status is clearly described in the
Constitution of the People's Republic of China.
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 their country of its 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. Productivity has grown
rapidly, overall national strength has increased greatly and people's life has
improved markedly. China's international status has been elevated, and its
international influence is increasing day by day. Especially in the 26 years
since the initiation of the reform and opening-up policies, China has created an
economic miracle - its GDP has been increasing at an average annual rate of 9.4
percent, and the general living standard of the 1.3 billion Chinese people has,
in general, reached the moderately well-off level. 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. That period of history left an indelible
impression on the memory of the Chinese people. The unification and stability of
China is a blessing for the Chinese people. It is also in keeping with the
interests of the people of all other countries in the world. To safeguard the
country's unification and social stability has always been a matter of paramount
importance at which the people of all ethnic groups in China are most concerned.
The CPC is the faithful representative of the fundamental interests of the
Chinese people of all ethnic groups. Guided by scientific theories, with the
support of nearly 3,500,000 Party organizations and 69,600,000 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. It is of unusual significance for China to have a
stable state power. 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. Only then can
all kinds of unnecessary and unwanted internal political strife be minimized,
all positive factors be exploited to the full, and all resources, strength and
wisdom be pooled to tackle major problems that have a bearing on the nation's
economy and the people's livelihood, and to ensure sustainable social and
economic development.
- The CPC's leadership and rule is needed for uniting
hundreds of millions of people to work in concerted efforts in building a
beautiful future. In Old China, the society was disunited, like a heap of loose
sand. That was a painful experience for the Chinese people. In a big country
like China, with such a large population and where things are complicated, if
there had not been a strong political core and if there had not been a lofty
goal that can unite the people of all ethnic groups in their common struggle,
the country would have disintegrated easily, and it would have been impossible
for China to develop and make progress. 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. It is also an essential requirement of the CPC's
leadership and exercise of state power. In China, the CPC leads and supports the
people to be the masters of the state and ensures its realization. This provides
an institutional and legal guarantee that the fundamental principle, that is,
all power in the PRC belongs to the people, is fully and thoroughly implemented
and embodied in every aspect of national and social activities. 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.
The following specific forms explain how the CPC leads
and supports the people to be the masters of the state, and ensures its
realization: First, it provides leadership to the people in wielding state power
through the people's congress system. In this way, it ensures that the laws,
guiding principles and policies formulated by the state reflect the common will
of the people and protect their fundamental interests, and guarantees that the
people become the masters of the state. Second, it leads the people to manage
state affairs, economic and cultural undertakings and social affairs by abiding
by the Constitution and the provisions of the laws and through various channels
and in different forms, so as to ensure that the development of all undertakings
of the state is in line with the people's wishes, interests and demands. Third,
it leads the people to practice grassroots democracy and manage their own
affairs in accordance with the law, so as to enable them to exercise
self-management, self-education and self-service through democratic elections,
democratic decision-making, democratic management and democratic supervision.
Fourth, it leads the people to strictly observe the principle that all citizens
are equal before the law, so as to enable the citizens to enjoy widespread
freedom and rights as prescribed in the law as well as in practice, respect and
protect human rights, and safeguard fairness and justice. These institutional
and legal guarantees ensure that the people are the masters of the country, and
they can use their own public rights and all rights of citizenship to safeguard
and realize their own interests.
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.
China has adopted a unicameral parliamentary system
based on its national conditions, rather than the bicameral system instituted in
Western countries. 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 percent of the number
of citizens at or above the age of 18, and the ratio of participation in
elections has been around 90 percent. 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. A competitive election
system is adopted in both direct and indirect elections in accordance with the
law. The electors and the electoral units have the power to recall or replace
deputies they have elected according to the procedures prescribed by law. At
present, there are 2.8 million deputies to the people's congresses at all levels
nationwide, and they are from various ethnic groups, trades, social strata and
political parties and are therefore highly representative. The deputies from
workers and farmers account for a considerable proportion of deputies to
people's congresses at different levels. For instance, worker and farmer
deputies account for 18.4 percent of the total number of deputies to the Tenth
NPC (March 2003-March 2008). To ensure that state power is truly in the hands of
the entire people, the deputies must convey and represent the interests and will
of the people when exercising their functions and powers. They have the right to
propose bills, examine and discuss bills and reports, and vote on bills in
accordance with the law, and may not be held legally liable for their speeches
or votes at the meetings of the people's congresses.
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 Election Law of
People's Congresses also prescribes that the number of deputies to each NPC
shall not exceed 3,000. Since the number of deputies to the NPC is fairly large
and makes it inconvenient to hold frequent meetings, the NPC Standing Committee
is established in accordance with the stipulation of the Constitution to
exercise the functions and powers of the highest organ of state power when the
NPC is not in session. 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 Tenth
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 and their standing committees
pursue a democratic style of work, draw on the wisdom of all deputies, and
represent and convey the will and basic interests of the people. The principle
of absolute majority is observed when the people's congresses and their standing
committees vote on bills, that is, a bill can only be adopted by the agreement
of more than half of the total number of members. Amendments to the Constitution
are adopted by a vote of more than two-thirds of all the deputies to the NPC.
When the people's congresses and their standing
committees hold meetings, persons in charge of departments concerned may attend
as non-voting delegates, and the departments and individuals concerned may
audit. Those attending as non-voting delegates have the right to speak, but not
the right to vote. Those auditing are not entitled to speak. If they have any
comment on the bills discussed by the standing committee, they may submit their
opinions to the working organ of the standing committee in writing. In recent
years, the standing committees in some localities have opened their doors to
citizens who wish to be observers at their meetings. The auditors are chosen in
sequence of applications of citizens.
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.
- Power of legislation. The Chinese Constitution states
that the NPC and its Standing Committee exercise the legislative power of the
state, mainly to amend the Constitution, and enact and amend the basic laws
concerning criminal offences, civil affairs, state organs and other matters. The
people's congress at provincial level and its standing committee may, in the
light of the specific conditions and practical needs of that particular
administrative area, enact local regulations under the precondition that the
regulations they enact must not contravene the Constitution, the law or the
administrative regulations of the state. The people's congress of a big city and
its standing committee may, in the light of the specific conditions and
practical needs of the city, enact local regulations under the precondition that
the regulations they enact must not contravene either the Constitution, the law
or the administrative regulations of the state, or the regulations of the
province or autonomous region the city belongs to, and submit the newly enacted
local regulations to the standing committee of the people's congress of the
province or autonomous region for approval before they are put into effect. The
people's congress and its standing committee of a province or city that has
special economic zones may, in line with authorization by the NPC, enact local
regulations that take effect within the special economic zones. The people's
congresses of the ethnic autonomous areas have the power to enact regulations on
the exercise of autonomy and other separate regulations in the light of the
political, economic and cultural characteristics of the ethnic group(s), and
make appropriate adaptations of the laws and administrative regulations.
In the three decades from 1949, when the PRC was
founded, to 1978, the NPC formulated 134 laws, 16 of which are still in force
today. When the reform and opening-up policies were initiated in the late 1970s,
China's socialist democratic legal construction entered a new era. In 1982, the
NPC revised the Constitution, and adopted four amendments to it in the ensuing
years. So far, the NPC and its Standing Committee have enacted more than 200
laws that are still in effect and over 200 decisions on legal issues. The local
people's congresses and their standing committees have enacted more than 7,500
local regulations that are still in effect, and the people's congresses of
ethnic autonomous areas have enacted more than 600 regulations on the exercise
of autonomy and other regulations.
In recent years, democracy has been promoted
continuously in China's legislation. Experts are invited to give their opinions
at symposia organized on the draft of almost every bill. In some cases, the
legislative organ even entrusts specialized research institutions to draft the
bills. For bills aiming at adjusting important social relations, the standing
committees of local people's congresses often hold hearings to let parties with
different interests voice their opinions. The Legislation Law of China has
included provisions on legislative hearings. Since 1982, the NPC and its
Standing Committee have published the drafts of a dozen important bills that are
closely related to the immediate interests of the people, including the
amendments to the Constitution, the draft for revision of the Marriage Law, the
draft of the Contract Law, and the draft of the Property Law, to solicit public
opinion during the process of formulation. The direct participation of the
people in the formulation of laws has not only improved the quality of
legislation and ensured that the laws fully represent the will and demands of
the people, but has also enhanced the whole society's sense of law, so that the
laws can be enforced in a smooth way after adoption.
- Power of supervision. To supervise the enforcement of
the Constitution and the law is a major content of the supervisory power
exercised by the NPC and its Standing Committee. The basic way such supervision
is carried out is by examination of the enforcement of laws and by checking the
reporting of regulations for the record. Regarding the examination of law
enforcement, the Standing Committee of the Ninth NPC conducted 22 examinations
of the enforcement of 21 laws, and the Standing Committee of the Tenth NPC
examined the enforcement of 10 laws in the period 2003-2004. The standing
committees of the local people's congresses have also examined the enforcement
of laws and relevant regulations within their respective administrative areas.
Through the examination of law enforcement, the standing committees of the
people's congresses have obtained detailed information about the true situation
and existing problems in the enforcement of laws and regulations, and urged the
governments, the courts and the procuratorates at the same level to improve
their law-enforcement work, and thus ensured that the organs in charge of law
enforcement act in accordance with the law and exercise judicial power justly.
Regarding checking on the reporting of regulations for the record, more than
7,500 local regulations, 600 regulations on the exercise of autonomy and
separate regulations, and nearly 300 regulations applied to the special economic
zones have so far been filed to the NPC Standing Committee for the record. The
Standing Committee of the Tenth NPC has set up a special examining organ to
further standardize this work. The standing committees of the people's
congresses at the provincial level and of big cities have also examined, in
accordance with the law, the reporting of rules and regulations for the record
by the local governments. Through these efforts, rules and regulations that
contravene the Constitution and the law are annulled, and organs that have
formulated regulations that include inappropriate articles and clauses are urged
to correct them. This is of great significance for keeping the legal system of
the state in unison. In recent years, the NPC Standing Committee has started to
examine the reporting for the record of judicial interpretations by the Supreme
People's Court and the Supreme People's Procuratorate.
To supervise the work of the governments, the courts and
the procuratorates are 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 are 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 people's governments, people's courts
and people's procuratorates at the same level shall report their work to the
session, and the people's 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 to the reform, development and stability, as well as urgent
topics or difficulties that are related to the immediate interests of the
people. The Standing Committee of the Ninth NPC heard and reviewed 40 special
reports during its five-year tenure, and the Standing Committee of the Tenth NPC
has heard and reviewed 22 special reports in the first two years of its tenure.
- Power of personnel appointment and removal. 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-president 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 councilors, ministers in
charge of various ministries or commissions, the auditor-general and the
secretary-general of the State Council upon nomination by the premier; upon
nomination by the chairman 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.
- Power to making decisions regarding major issues. 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. In recent years, the people's congresses
and their standing committees have exercised their power to make decisions on
urban construction planning, environmental protection and other major issues in
their own areas.
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 vigor; 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 coordinated 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 Cooperation and Political
Consultation Under the Leadership of the CPC
What kind of political party system to adopt is
determined by the nature of the country, the national conditions, as well as the
demands of national interests and social development. The political party system
China has adopted is multi-party cooperation 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
practiced 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 Jiusan Society (founded in 1945) and the Taiwan Democratic
Self-Government League (founded in 1947). Since most of these political parties
were founded during the War of Resistance Against Japanese Aggression
(1937-1945) and the War of Liberation (1946-1949) in the pursuit of national
liberation and democracy of the people, they were given the joint name of
"democratic parties." 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. Another important force in China's political life is the
personages without party affiliation, or people who have not joined any
political party but have certain public influence coupled with positive
contributions. The majority are intellectuals.
The salient characteristics of China's political party
system are: multi-party cooperation under the leadership of the CPC, with the
CPC holding power and the democratic parties participating fully in state
affairs. These democratic parties are close friends of the CPC. They unite and
cooperate with the latter in their participation in state affairs, instead of
being opposition parties or out-of-power parties. They participate in the
exercise of state power, the consultation in fundamental state policies and the
choice of state leaders, the administration of state affairs, and the
formulation and implementation of state policies, laws and regulations.
In China, the CPC and the democratic parties share the
same goal of struggle. The Chinese Constitution states that "under the
leadership of the Communist Party of China multi-party cooperation and the
political consultative system will continue to exist and develop for a long time
to come." The cooperation between the CPC and the democratic parties is based on
the basic principle of "long-term coexistence, mutual supervision, treating each
other with sincerity and sharing each other's weal and woe." The national
conditions and the nature of the state determine that the leadership of the CPC
is the first and foremost prerequisite and fundamental guarantee for the
multi-party cooperation. At the same time, such a leadership is not one of
simple monopoly, but one of political leadership, that is, leadership in terms
of political principle, political orientation, and major policies and programs.
Both the CPC and the democratic parties take the Constitution as the basic norms
of their conduct, and shoulder the responsibility to uphold the dignity of the
Constitution and ensure its implementation.
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 cooperation 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 centering 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
cooperation 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. The CPC Central Committee routinely invites
leaders of the democratic parties and representative personages without party
affiliation to consultative conferences, small-scale meetings and forums at
which CPC leaders inform the participants of major events, hear their opinions
and suggestions, and discuss state affairs with them. In addition to these
consultation meetings, the central committees of the democratic parties may
submit suggestions in writing to the CPC Central Committee. Consultations may
cover important documents of the CPC National Congress and the CPC Central
Committee; proposed amendments to the Constitution and important laws;
candidates for senior offices of the state; important decisions concerning the
reform and opening-up program; the medium- and long-term plans for national
economic and social development; major issues that have a bearing on the overall
situation of the country; circulation of information about important documents
and situations, and soliciting of opinions; as well as other major issues that
need to be discussed with the democratic parties. In 2003 and 2004, 36
consultative conferences, forums and briefings were convened by CPC leaders or
entrusted by them to be convened by relevant departments, 13 of which were
presided over by the General Secretary of the CPC Central Committee.
- 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
an appropriate proportion in the deputies to the NPC, the Standing Committee and
the special committees of the NPC. Through their activities in the people's
congresses, they reflect the wishes of the people, participate in
decision-making on major state issues and in the formulation of laws, and
supervise the work of the government. In 2003, when a new term of office began,
176,000 members of the democratic parties and personages without party
affiliation were elected deputies to the people's congresses at various levels
nationwide. Among them, seven are vice-chairpersons of the NPC Standing
Committee and 50 are members of the NPC Standing Committee; 41 are
vice-chairpersons of the standing committees of provincial-level people's
congresses and 462 are members of such standing committees; and 352 are
vice-chairpersons of the standing committees of municipal-level people's
congresses and 2,084 are members of such standing committees.
- Members of the democratic parties and personages
without party affiliation hold leading positions in government and judicial
organs at various levels. At the end of 2004, over 32,000 members of the
democratic parties and personages without party affiliation held leading
positions in government and law-enforcement departments at and above the county
level. Among them, 19 held leading posts in the Supreme People's Court, the
Supreme People's Procuratorate as well as the various ministries and commissions
under the central government; 27 served as deputy governors, vice-chairpersons
or deputy mayors in the 31 provinces, autonomous regions and municipalities on
the mainland of China; 354 served as deputy mayors in the people's governments
of 397 cities (prefectures, leagues or districts); 19 were vice-presidents of
courts or deputy chief procurators of procuratorates at the provincial level;
and 87 were vice-presidents of courts or deputy chief procurators of
procuratorates at the prefecture level. Engaging in mutual support with CPC
officials, they play a significant role in the organs of state power.
- Members of the democratic parties and personages
without party affiliation play an important role in the CPPCC. As deputies to
the CPPCC, members of the democratic parties and personages without party
affiliation can air their opinions, put forth bills and motions, and participate
in the administration and discussion of state affairs. They also hold a fairly
big proportion in the members, standing committees members and leaders of the
CPPCC at various levels. The latest CPPCC election, held in 2003, saw 337,000
members of the democratic parties and personages without party affiliation
elected CPPCC members at various levels nationwide. About 60.1 percent of the
members of the Tenth CPPCC National Committee and 65.2 percent of the members of
its Standing Committee were members of the democratic parties and personages
without party affiliation; and of 24 vice-chairpersons of the vice-chairpersons
of the Tenth CPPCC National Committee, 13 are members of the democratic parties
and personages without party affiliation.
- 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. Such
supervision mainly covers the implementation of the Constitution, and laws and
regulations of the state; the formulation and implementation of major principles
and policies of the CPC and the government; and the performance and honesty of
the CPC organizations and CPC members who hold leading posts. In recent years,
government departments and judicial organs have appointed members of democratic
parties and personages without party affiliation as special inspectors, invited
and organized members of democratic parties and personages without party
affiliation to examine the work style of the CPC, and to take part in other
special checks and supervision over law enforcement, thus further opening up the
channels of, and constantly strengthening, democratic supervision.
- 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. Since 1989, the
central committees of the democratic parties have submitted to the CPC Central
Committee, the State Council and departments concerned nearly 180 important
proposals on the overall work of the CPC and the state, as well as on issues
that are key to the national economy and the people's livelihood, especially the
two major tasks of economic construction and peaceful reunification, on the
basis of investigations they have conducted, and their local organizations have
submitted more than 80,000 proposals and motions. Many of the proposals and
motions have been adopted. The local organizations of the democratic parties at
various levels have devised more than 40,000 consulting programs, run more than
1,000 schools of various kinds and trained about 3 million people in various
special skills.
In February 2005, the CPC promulgated the "Opinions of
the CPC Central Committee on Further Strengthening the Building of the System of
Multi-Party Cooperation and Political Consultation Under the Leadership of the
CPC," which, on the basis of summing up historical experience and successful
operations in multi-party cooperation and political consultation, further
clarified the principles, contents, ways and procedures of the system of
multi-party cooperation and political consultation, and pointed the direction
for improving the socialist political party system with Chinese characteristics.
The political advantages of the system of multi-party
cooperation and political consultation under the leadership of the CPC lie in
the fact that it can both achieve wide democratic participation, pool the wisdom
of the democratic parties, mass organizations and people of all walks of life
and promote the scientific and democratic decision-making of the party in power
and the governments at all levels, and realize centralization and unity and draw
up unified plans with due consideration given to the interests of different
sections of the people. Moreover, it can avoid both the problem of insufficient
supervision common under one party rule, and political chaos and a lack of
stability and unity that may be caused by the disputes and strife of several
parties.
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
totaled 106.43 million, accounting for 8.41 percent 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 practices 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 practiced 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 percent of the total population of ethnic
minorities. Meanwhile, China has established 1,173 autonomous townships in
places equivalent to townships where ethnic minorities live in compact
communities, as a supplement to the autonomous areas. 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. First, independently managing
the internal affairs of their ethnic groups in their autonomous areas. 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. Second, having the power to formulate regulations on the
exercise of autonomy and separate regulations. By the end of 2004, the ethnic
autonomous areas had formulated 133 regulations on the exercise of autonomy and
418 separate regulations, all of which are still effective now. In the light of
the particular situation in each area, they had made 68 flexible alterations or
supplementary regulations to such laws as the Marriage Law, the Law of
Succession, the Election Law, the Law on Land Administration and the Grassland
Law. Third, using and developing their own spoken and written languages. At
present, 22 ethnic minorities in China use 28 written languages of their own. In
2003, 4,787 titles of books with a total print-run of 50.34 million copies, 205
magazines with a total print-run of 7.81 million volumes, and 88 newspapers with
a total print-run of 131.3 million copies were published in the languages of
ethnic minorities. Now available are coded character sets, national standards
for fonts and keyboards in the Mongolian, Tibetan, Uygur, Korean and Yi
languages, software in these languages can be run using the Windows system, and
laser photo-typesetting in these languages has been realized. Fourth, respecting
and protecting the freedom of religious belief of ethnic minorities. 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, and 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
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 Program 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 directly from the central government.
During the Tenth Five-Year Plan (2001-2005), 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 percent, 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 percent of the national per-capita figure; in 2003, it rose to 66.5
percent. Also in 2003, the local revenue of the ethnic autonomous areas reached
67.4 billion yuan, 3.3 times that of 1994. In the same year, the per-capita GDP
in Tibet was 6,871 yuan, equivalent to 75.5 percent of the national per-capita
average; and the per-capita GDP in Xinjiang was 9,700 yuan, equivalent to 106.6
percent of the national per-capita average.
The 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 the rural villagers' committee,
urban neighborhood committee and the conference 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. So, it is an issue of great importance in China's
building of political democracy to expand and develop rural grassroots
democracy, so that the farmers can fully exercise their democratic rights as
real masters in their villages. After years of exploration and practice, the CPC
has led the 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 grassroots
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, term of service and other issues related to villagers'
committees to ensure the healthy development of grassroots 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 the 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. A villagers' committee is
composed of three to seven members, including the chairperson and
vice-chairpersons. Each committee serves a term of three years. In the process
of election, the candidates of the committee members are nominated and voted for
directly by the villagers, and the election results are declared on the spot to
ensure that the election is just, open and fair. The villagers are enthusiastic
about these elections and, according to incomplete statistics, the average
participation rate in such elections is above 80 percent in rural China, with
some places even boasting over 90 percent. By the end of 2004, some 644,000
villagers' committees had been established throughout the country, with most of
the provinces, autonomous regions and municipalities directly under the central
government having elected their fifth or sixth committees.
- 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. As situations differ greatly from place to place in
the rural areas of China, the villages vary in size and it is especially
difficult to organize and hold a committee meeting to make a decision in big
villages with villagers scattered around a wide area, the problem is solved by
holding meetings of villagers' representatives. To date, 85 percent of the
villages in China have established the system of villagers' meetings or
villagers' representative meetings for democratic decision-making.
- 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. Now, more
than 80 percent of the villages in China have enacted villagers' self-government
rules or villagers' code of conduct and established systems of democratic
financial management and auditing, and for village affairs management.
- Democratic supervision. The villagers supervise the
committee's work and the conduct of the village cadres through making village
affairs open, democratic evaluation of village cadres, regular work reports by
the villagers' committee, and the system of auditing the work of the outgoing
village cadres. Making village affairs public, in particular, is widely welcomed
by villagers.
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 up a new chapter in the building of political
democracy in rural China.
(2) Building of Political Democracy in Urban Communities
The urban neighborhood 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, neighborhood
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 neighborhood 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 Neighborhood Committees
in the Cities, enacted by the NPC Standing Committee in 1989, provides the legal
basis and institutional guarantee for the development of urban neighborhood
committees. In 1999, the state experimented with community building in 26
municipal districts, and then activities for community building demonstration
were held all over the country. By the end of 2004, 71,375 neighborhood
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 neighborhood 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 the urban
community residents participate actively in the direct elections of neighborhood
committees and over 90 percent of them turn out to vote. As a result of the
direct elections, neighborhood 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 neighborhood committees work within the framework of law,
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 neighborhood 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 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.
The Chinese Constitution comprehensively stipulates the
citizens' basic rights and freedoms. Based on the Constitut ion, 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 CPC focuses on economic construction and has made tremendous
efforts to realize the people's rights to subsistence and development. After
more than 50 years of hard work, two great historical leaps have been
accomplished in people's life - from being poverty-stricken to having enough
food and clothing, and then to reaching the moderately well-off stage. China has
successfully solved the problem of feeding 22 percent of the world's population
with less than 10 percent of the world's arable land. From 1979 to 2004, China's
economy kept growing rapidly. Its GDP soared from US$147.3 billion to US$1,650
billion, exceeding US$1,200 per person. The annual per-capita income of urban
residents rose 5.5 times in real terms, and that of rural residents, 5.9 times.
The average housing space per person increased from 6.7 sq m to 25 sq m in urban
areas, and from 8.1 sq m to 28 sq m in rural areas. The rural poverty-stricken
population went down from 250 million to 26.1 million. The Chinese people's
overall health level has surpassed the average of countries with a moderate
level of income, leading most developing countries in this aspect. 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. The mortality rate of pregnant women
and women in childbirth decreased from 1,500 per 100,000 before 1949 to 48.3 per
100,000 in 2004; and the infant mortality rate also dropped - from 200 per 1,000
before 1949 to 21.5 per 1,000 in 2004. In recent years, the Chinese government
has promulgated and implemented a series of regulations and measures, such as
the National Plan for the Construction of an Information System for Public
Health Monitoring and the National Plan for the Construction of a System for
Medical Rescue and Treatment in Public Health Emergencies, thus greatly
strengthening the protection of citizens' rights to health and life.
- 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, honor, personal dignity and personal safety as well as the right
to keep one's property from encroachment are also acknowledged and protected.
China has set up and improved an open information system and other related
systems to ensure that the citizens enjoy full democratic rights to information,
supervision and participation in public affairs. The state encourages
proactively the development of the press and publishing undertakings. In 2004,
25.77 billion copies of national and provincial newspapers, 2.69 billion copies
of periodicals of various kinds, and 6.44 billion copies of books were
published. In recent years, the Internet has developed with a great momentum in
China, and by June 30, 2005, the amount of Internet users had exceeded 100
million, including 53 million broad-band users. 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 labor, 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. In recent years, the state has taken various measures to
solve the problem of employment and re-employment, stepped up efforts in the
establishment of a social security system, increased support to education,
science and technology, culture, public health and other social undertakings,
and striven to ensure that citizens' economic, social and cultural rights are
guaranteed. By the end of 2004, the numbers of urban people taking out policies
of basic pension insurance, unemployment insurance, medical insurance and
industrial injury insurance had reached 164 million, 106 million, 124 million
and 68.45 million, respectively, 8.47 million, 2.11 million, 15.02 million and
22.70 million more respectively than at the end of the previous year. In the
rural areas, 55 million people had participated in social old-age pension
system, and the number is increasing rapidly. A total of 22.05 million urban
residents in China were issued minimum living allowances by the government.
China has generally achieved the goal of basic nine-year compulsory education
and elimination of illiteracy among young and middle-aged people. In 2004, the
central treasury appropriated various special-purpose funds, totaling over 10
billion yuan, for compulsory education in rural areas, an increase of 70 percent
over the previous year. There are over 20 million students in institutions of
higher learning in China, bringing the gross enrolment ratio for higher
education to 19 percent. By the end of 2004, China had 282 radio stations and
314 TV stations, and the overall population coverage rates of radio and TV
broadcasting had reached 94.1 percent and 95.3 percent, respectively. The
government has made continuous efforts to strengthen the protection of the
legitimate rights and interests of migrant workers from rural areas, and
formulated the Provisional Measures for the Management of Payment of Wages to
Migrant Construction Workers from Rural Areas in 2004, which provided for an
overall clearing-up and settlement of defaults on payment of project fees as
well as wages of migrant construction workers from rural areas.
- The legitimate rights and interests of the special
groups of people, such as women, the aged and minors, and the underprivileged
groups, such as the disabled, are guaranteed. China has enacted the Law on the
Protection of the Rights and Interests of Women, the Law on the Protection of
the Rights and Interests of the Aged, the Law on the Protection of Minors and
the Law on the Protection of the Disabled to provide special stipulations for
the protection of special social groups, such as women, the aged and minors, and
the underprivileged groups, such as the disabled. Women's right to participate
in the management of state affairs is protected in China. Among the deputies to
the Fourth NPC in 1975 to the Tenth NPC in 2003, women made up more than 20
percent of the total. At present, the scope of employment, pay for work and
educational level for women are basically the same as for men. As China is
becoming an aging society, aged people receive special care from the government
and society. In 2004, basic pensions issued to retirees from enterprises
throughout the country totaled 303.1 billion yuan, including 52.2 billion yuan
in subsidies from the central treasury. There are 376 million people below the
age of 18 in China, more than a quarter of the total population. The Chinese
government formulated the "Outline Plan for the Development of Chinese Children
in the 1990s" in 1992 and the "Outline for the Development of Chinese Children,
2001-2010" in 2001, to promote the development of children in the aspects of
health, education, legal protection and environment. There are 60 million
disabled people in China, almost the population of an average medium-sized
country. In 2004, the employment rate of the disabled reached 80 percent, and
over 3.3 million disabled people overcame their disabilities to varying degrees.
- 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.
Meanwhile, their rights are offered special protection by the law and related
policies. In accordance with the Constitution and the Election Law, every ethnic
minority group is represented by appropriate numbers of deputies, in the highest
organ of the state power, the NPC, and there should be at least one deputy for
an ethnic group with a very small population. Starting from the First NPC, the
proportion of deputies of ethnic minorities in the total number of deputies has
remained around 14 percent, much higher than their population proportion of
about 8 percent in the nation's total population. All ethnic minorities living
in compact communities or in a scattered manner are represented in the local
people's congress at all levels, and a deputy of an ethnic minority group can
speak for a smaller number of people than the required number represented by a
deputy to the local people's congress. People of all ethnic minority groups are
eligible to hold any position in any state organs and government departments.
Each ethnic group has the freedom to use and develop its own spoken and written
languages. The state respects and protects the folk ways, customs and freedom of
religious belief of ethnic minority groups.
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. In October 1997, the Chinese government signed
the International Covenant on Economic, Social and Cultural Rights, which was
approved by the Standing Committee of the NPC in February 2001. The Chinese
government submitted its first report on the implementation of the Covenant to
the United Nations in 2003 as scheduled, and accepted the consideration and
examination of the Committee on Economic, Social and Cultural Rights of the
United Nations in April 2005. The Chinese government also signed the
International Covenant on Civil and Political Rights in October 1998. At
present, the Chinese government departments concerned are pressing on with their
research and preparations, and when conditions are ripe, the State Council will
submit a request to the Standing Committee of the NPC for examination and
approval.
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, program 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 coordinates the efforts of all
quarters, standardizes relations between Party committees and the people's
congresses, the governments, the CPPCC organizations as well as the mass
organizations. The Party committees, playing the role as the core of leadership
over all other organizations at corresponding levels, support these
organizations in assuming their responsibilities independently and making
concerted efforts in their work, and make sure that the Party's line, principles
and policies as well as major decisions and work arrangements of Party
committees are implemented through the Party organizations and Party members in
these organizations. At the same time, Party committees support the people's
congresses in carrying out their functions as organs of state power in
accordance with the law, ensuring that the Party's views become the will of the
state and that candidates recommended by the Party organizations become leading
cadres of the organs of state power through democratic discussions and legal
procedures, and exercising supervision over them. They support the governments
in fulfilling their statutory functions and performing their official duties in
accordance with the law; support the judicial organs in exercising their
judicial and procuratorial authorities independently and justly in accordance
with the law; support the CPPCC committees in performing their functions of
political consultation, democratic supervision and participating in the
administration and discussion of state affairs by focusing on the two major
principles of unity and democracy; strengthen cooperation with the democratic
parties and bring into full play the characteristics and advantages of China's
socialist political party system; and support the trade unions, Communist Youth
League organizations, women's federations and other mass organizations to work
independently in accordance with the law and their respective constitutions so
as to act better as a bridge between the Party and the masses of all walks of
life.
(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. To give full scope to the Party congresses at
all levels, since the end of the 1980s the CPC has tried out the system of
permanent Party congress in 12 cities, counties and urban districts in five
provinces, with satisfactory results. The CPC Central Committee has decided to
adopt the system of motion-raising by Party congress delegates, extend the
experiment with the system of permanent Party congress to more cities and
counties, and actively explore ways and forms that can give better play to the
role of delegates when Party congresses are not in session.
- 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 endeavors 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. At the third, fourth and
fifth plenums of the 16th CPC Central Committee, General Secretary Hu Jintao of
the CPC Central Committee, on behalf of the Standing Committee of the Political
Bureau, delivered a work report to the Central Committee. This represented a
significant move taken by the new generation of the central collective
leadership to give better play to the role of the plenum. Leaders of local Party
committees at all levels now, at the requirement of the CPC Central Committee,
report on their work to and accept the supervision of the plenums of the Party
committees at the corresponding level.
- 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. The ratio in
competitive elections has been raised appropriately and the scope of direct
elections of leaders of grassroots Party organizations has been gradually
expanded.
- 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. In the same month, the CPC Central Committee
promulgated the revised Regulations of the CPC on Disciplinary Punishments,
which specifies the punishments for all breaches of discipline by Party members
in the new situation.
(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. If an
urgent appointment is needed while the plenum concerned is not in session, the
plenum members shall be consulted.
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. The implementation of this law
symbolizes an important step forward in pursuit of a scientific, democratic and
institutionalized practice for cadre and personnel work, and has a great bearing
on the execution of the strategy of ruling the country by law and the building
of socialist political democracy.
(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 legislation 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
percent 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
right 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,
coordinated in cooperation, 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 require ments 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 coordinated 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 Labor 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. The care
shown for disadvantaged people are fully reflected in such legislation, showing
the government's humanistic concern in administration. In 2005, once again the
State Council 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
percent. In the meantime, local governments have also endeavored 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 spokesmen 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 make great efforts to ensure
that the regulations are in accord with reality and are practical.
- Building a system 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 endeavored 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 defense 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 2004, local courts at various levels nationwide closed 644,248 criminal cases
of first instance, 4,303,744 civil cases of first instance and 92,192
administrative cases, and corrected, in accordance with the law, wrong judgments
in 16,967 cases, which accounted for 0.34 percent of the total effective
judgments handed down that year. 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 on 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 placing of cases on file, 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 lawsuits, 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 trial. 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
trial. Except for cases which 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 percent 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 cooperative law firms, with the
partnership law firms accounting for 68.6 percent 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 the mainland of China.
In 2004, lawyers throughout the country handled over 1.5 million lawsuits and
more than 800,000 non-lawsuit cases. 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 percent. 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 percent.
To further meet the demands for rule of the country by
law and building a harmonious socialist society, China is, in accordance with
the requirements of judicial justice and strict enforcement of law, improving
the establishment of judicial organs, the delimitation of their functions and
powers and their management systems, in the hope of establishing a better
judicial system that features clearly specified powers and responsibilities,
mutual coordination and restraint, and highly efficient operation, so as to
ensure, institutionally, that the judicial and procuratorial organs exercise
adjudicative power and procuratorial power independently and impartially in
accordance with the law, better safeguard the judicial authority, safeguard the
democratic rights as well as legitimate rights and interests of the people and
maintain fairness and justice for the society.
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 ap plicable. 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. This is
the most important and fundamental principle for developing socialist political
democracy in China. Leadership by the CPC is the fundamental guarantee for the
people to be the masters of the country and the country to be ruled by law. The
people being masters of the country is the essential requirement of socialist
political democracy. Ruling the country by law is the basic principle the CPC
pursues while it leads the people in running the country. Only by upholding the
unity of these three in China's building of political democracy is it possible
to ensure that it is on the right track, and that socialist political democracy
is institutionalized and standardized, and in good order.
- Giving play to the characteristics and advantages of
the socialist system. The biggest characteristic and advantage of China's
socialist system is as follows: Under the leadership of the CPC, the people of
all ethnic groups, being masters of the country, give full scope to their
enthusiasm, initiative and creativity in building a socialist country, and are
united in striving to realize socialist modernization and the great cause of
rejuvenation of the Chinese nation. Sticking to this characteristic and this
advantage is the fundamental guarantee for the Chinese people to grasp their own
destiny in their own hands, create a better and happier life, and build a
prosperous, democratic and civilized modern country.
- Being conducive to social stability, economic
development and continuous improvement of the people's life. Social stability,
economic development and the continuous improvement of people's life are both
important goals and necessary conditions for the people to be masters of the
country. The political development, economic development and cultural
development of a country interact and precondition one another. Without social
stability, smooth economic development cannot be expected, while the goal of
development is to let the people enjoy the fruits of development together. 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. The Chinese people's struggle for
democracy was closely related to the safeguarding of national sovereignty,
territorial integrity and state dignity from the very beginning. If state
sovereignty, territorial integrity and state dignity, which represent one of
common and basic interests of the whole Chinese people, cannot be safeguarded,
democratic achievements they have obtained will be lost.
- 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 coordinated 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 endeavor 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 themselves.
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.
