piątek, 18 lutego 2011

    Notes to Section III--Institutions of Democratic Governance
    \1\ Universal Declaration of Human Rights, adopted and proclaimed
by UN General Assembly resolution 217A(III) of 10 December 48, art. 21.
    \2\ International Covenant on Civil and Political Rights (ICCPR),
adopted by UN General Assembly resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76. China signed the ICCPR in 1998. The
Chinese government has committed to ratifying the ICCPR and says it is
taking concrete steps to prepare for ratification. In November 2009, a
Joint Statement of the 12th EU-China Summit said, ``The EU welcomed
China's commitment to ratifying the [ICCPR] as soon as possible.''
Joint Statement of the 12th EU-China Summit, reprinted in China
Internet Information Center (Online), 30 November 09. In October 2009,
Ambassador Liu Zhenmin, China's Deputy Permanent Representative to the
United Nations, said, ``At present, legislative, judicial and
administrative reforms are under way in China with a view to aligning
our domestic legislation with the provisions of the [ICCPR] and paving
the way for its ratification.'' Permanent Mission of the People's
Republic of China to the UN (Online), ``Statement by H.E. Ambassador
Liu Zhenmin, Deputy Permanent Representative of China to the United
Nations, at the Third Committee of the 64th Session of the General
Assembly on the Implementation of Human Rights Instruments (Item
69A),'' 20 October 09. In its 2009-2010 National Human Rights Action
Plan issued in April 2009, the Chinese government stated that the ICCPR
was one of the ``fundamental principles'' on which the plan was framed,
and that the government ``will continue legislative, judicial and
administrative reforms to make domestic laws better linked with this
Covenant, and prepare the ground for approval of the ICCPR.'' State
Council Information Office, National Human Rights Action Plan of China
(2009-2010), Xinhua (Online), 13 April 09, introduction, sec. V(1). In
February 2009, during the UN Human Rights Council's Universal Periodic
Review of the Chinese government's human rights record, the Chinese
government supported recommendations made by Member States that China
ratify the ICCPR. Chinese officials said China was in the process of
amending domestic laws, including the criminal procedure law and laws
relating to reeducation through labor, to make them compatible with the
ICCPR. UN GAOR, Hum. Rts. Coun., 11th Sess., Report of the Working
Group on the Universal Periodic Review--China, A/HRC/11/25, 3 March 09,
paras. 63, 114(1).
    \3\ International Covenant on Civil and Political Rights (ICCPR),
adopted by UN General Assembly resolution 2200A (XXI) of 16 December
66, entry into force 23 March 76, art. 25; General Comment No. 25: The
Right To Participate in Public Affairs, Voting Rights and the Right of
Equal Access to Public Service, 12 July 96.
    \4\ Joseph Fewsmith, ``Inner-Party Democracy: Development and
Limitations,'' China Leadership Monitor, No. 31, Winter 2010, 1, 9.
    \5\ ``At the End of 2009 Total Number of Party Members Reaches
77,995,000 Nationally'' [Jiezhi 2009 niandi quanguo dangyuan zongshu da
7799.5 wan ming], Chinese Communist Party News Net (Online), 28 June
10.
    \6\ Ibid.
    \7\ ``At the End of 2009 Total Number of Party Members Reaches
77,995,000 Nationally'' [Jiezhi 2009 niandi quanguo dangyuan zongshu da
7799.5 wan ming], Chinese Communist Party News Net (Online), 28 June
10. There are 6,629 urban street Party organizations, 34,224 town
organizations, 80,000 residential committees, and 598,000 village
committees.
    \8\ Ibid. Over 99 percent of the various types of eligible
enterprises have party organizations.
    \9\ Ibid. Of the country's 570,000 public service organizations,
471,000 have party organizations.
    \10\ Ibid. The numbers here include 13,000 eligible ``social
organizations'' (shehui tuanti), of which 12,000 have Party
organizations, and 16,000 eligible ``non-profit enterprises'' (minban
feiqiyi), of which 15,000 have Party organizations.
    \11\ Benjamin Read, ``Revitalizing the State's Urban `Nerve Tips,'
'' 163 China Quarterly 806, 815 (2000). During the Mao Zedong period
(1949 to 1976), these committees were responsible for political
campaigns, struggle sessions, and household registry checks, among
other unpopular tasks.
    \12\ Ibid., 806-808 (2000). The residents' committees implement
Party and government policies, such as birth control, and engage in a
number of other tasks, including providing social services, collecting
fees, and mediating disputes. They maintain close ties to police
stations. Willy Lam, Jamestown Foundation (Online), ``CCPLA: Tightening
the CCP's Rule Over Law,'' China Brief, Vol. IX, No. 7, 2 April 09. The
residents' committees also help to organize citizens for security
tasks, such as mobilizing residents in the runup to the 2008 Beijing
Summer Olympic Games and during the annual meetings of the National
People's Congress and Chinese People's Political Consultative
Conference.
    \13\ ``During Workshop of the Political and Legislative Affairs
Committee of the CPC Central Committee, Zhou Yongkang Stresses That We
Should Earnestly Study and Carry Out the Spirit of the Fourth Plenum of
the 17th CPC Central Committee and We Should Also Push Forward
Political and Legal Work and Construction of Political and Legal Ranks
With Party Construction,'' Xinhua, 10 October 09 (Open Source Center,
10 October 09). In a speech during a workshop of the Political and
Legislative Affairs Committee of the Chinese Communist Party Central
Committee in October 2009, Zhou Yongkang emphasized that the Party
``should focus on party construction'' and ``should focus on the
grassroots level and steadily solve the fundamental problems in
political and legal work.''
    \14\ ``Hu Jintao: Grasp Well Party Building Work in the Military,
Raise the Scientific Standards of Party Building in the Military'' [Hu
jintao: zhuahao jundui dang de jianshe gongzuo tigao jundui dang de
jianshe kexuehua shuiping], Xinhua (Online), 24 July 10.
    \15\ Li Yajie, ``Xi Jinping: Under New Circumstances
Comprehensively Strengthen and Improve Building the Party in
Institutions of Higher Education'' [Xi jinping: quanmian jiaqiang he
gaijin xinxingshixia gaoxiaodang de jianshe], Xinhua, reprinted in
China Education News Net, 24 December 09; ``Summary of the First
National Meeting Regarding Party Construction Work in Institutes of
Higher Education'' [Di yici quanguo gaoxiao dang de jianshe gongzuo
huiyi qingkuang gaishu], Xinhua, reprinted in Ministry of Education
(Online), last visited 28 September 10. The Central Committee of the
Communist Party increased efforts to strengthen Party construction in
institutions of higher education in 1990, not long after the June 4,
1989, student-led Tiananmen protests.
    \16\ ``Chinese VP Stresses Party Building in Social
Organizations,'' Xinhua (Online), 29 January 10; Huang Xiaohua, ``My
Province Puts Forward This Year's New Party Construction Goal; Every
Social Organization Will Establish a Party Organization'' [Wo sheng
tichu jinnian dangjian xin mubiao suoyou shehui zuzhi douyao jianli
dang zuzhi], Hainan Daily (Online), 23 June 10. For example, the Hainan
Provincial Social Organization Party Work Committee will require each
social organization to establish some type of Party organization by the
end of the year.
    \17\ Hu Bi, ``(Changes in Chinese `Way of Governance,' Central
Authorities) `Safeguarding Stability': A System Quietly Takes Shape,''
Southern Weekend, 3 March 10 (Open Source Center, 17 March 10).
    \18\ Ibid.
    \19\ Ibid.; ``Interview With Comrade Liu Xingchen, Assistant to the
Head of Kailu County, Party Committee Secretary of the Public Security
Bureau and Director of the Public Security Bureau'' [Kailuxian
xianzhang zhuli, gonganju dangwei shuji, juzhang liu xingchen tongzhi],
Xinhua (Online), 28 August 09. Informants in these networks try to
identify troublemakers and to pinpoint potential social instability
problems before they erupt, including problems that may lead citizens
to take grievances to higher levels of authority. According to this
article, officials in Kailu county in the Inner Mongolia Autonomous
Region reportedly established a network of over 12,000 informants for a
population of 400,000 citizens. The assistant to the leader of Kailu
county, Liu Xingchen, told Xinhua that ``[e]very policeman . . . no
matter their division or particular police station, has to establish at
least 20 informants in their community, village, [or] work unit . . .
.''
    \20\ ``DSD Police Recruit and Maintain Informant Networks Among
University Students,'' China Digital Times (Online), 11 April 10.
Officials at Dezhou University recruited, managed, and rewarded student
security informants for valuable information and directed them to
assist in carrying out the university's security and stability work.
Tania Branigan, ``China Recruits Classroom Snoops To Fight Violence and
Pornography,'' Guardian (Online), 19 March 10. In Kunming, Yunnan
province, police and education departments reportedly requested primary
and secondary school teachers to choose students to be ``little
security informants'' to collect information and report on a variety of
student behaviors, amid concerns regarding school violence.
    \21\ ``Domestic Security To Remain a Challenge in 2010: Police,''
Global Times, 29 December 09 (Open Source Center, 29 December 09).
    \22\ ``Focus of Efforts To Maintain Stability Is Crackdown on
`Internal Three Forces' Involving Workers, Farmers, Military
Personnel,'' Ming Pao, 13 March 10 (Open Source Center, 16 March 10).
    \23\ Tsinghua University Sociology Department Social Development
Research Group, ``New Thinking About `Stability,' Systematize Interest
Articulation, Realize Lasting Stability and Durable Peace'' [``Weiwen''
xin silu: liyi biaoda zhiduhua, shixian changzhi jiuan], Southern
Weekend (Online), 14 April 10.
    \24\ Ibid.
    \25\ Ibid.
    \26\ ``Public Security Expenditures Increase Surpass Military
Spending'' [Gongan zhichu zeng fuchao junfei], Ming Pao, reprinted in
Boxun (Online), 6 March 10.
    \27\ Tsinghua University Sociology Department Social Development
Research Group, ``New Thinking About `Stability,' Systematize Interest
Articulation, Realize Lasting Stability and Durable Peace'' [``Weiwen''
xin silu: liyi biaoda zhiduhua, shixian changzhi jiuan], Southern
Weekend (Online), 14 April 10.
    \28\ Ibid. The study suggests that the use of the funds does not
promote social equity and ``may undermine overall social values,
including those of morality and justice.''
    \29\ Shi Zhifeng and Liu Meng, Chinese Human Rights Defenders
(Online), ``News Flash: Liu Xianbin Officially Arrested'' [Kuaixun: liu
xianbin yi bei zhengshi daibu], 6 July 10; ``China Detains Democracy
Advocate for New Activism,'' Associated Press, reprinted in Washington
Post (Online), 30 June 10; Amnesty International (Online), ``Chinese
Democracy Activist Detained: Liu Xianbin,'' 5 July 10.
    \30\ Amnesty International (Online), ``Chinese Democracy Activist
Detained: Liu Xianbin,'' 5 July 10; ``China Detains Democracy Advocate
for New Activism,'' Associated Press, reprinted in Washington Post
(Online), 30 June 10.
    \31\ Human Rights in China (Online), ``Democracy Activist Gets Ten
Years for `Subversion of State Power,' '' 16 October 09. See also the
Congressional-Executive Commission on China Political Prisoner Database
for more information on Guo's case.
    \32\ ``Guo Quan Case: Jiangsu Provincial High People's Court
Criminal Judgment'' [Guo quan an: jiangsu sheng gaoji renmin fayuan
xingshi caidingshu], Boxun (Online), 4 January 10.
    \33\ ``Worker Is Jailed for Joining a Party,'' South China Morning
Post (Online), 11 February 10; Dong Lei, Chinese Human Rights Defenders
(Online), ``Youth With Mental Disorder Is Tried on Suspicion of
`Subverting State Power' '' [Jingshenbing qingnian beiyi shexian
``dianfu guojia zhengquan'' shenpan], 15 December 09. See also the
Congressional-Executive Commission on China Political Prisoner Database
for more information on Xue's case.
    \34\ Dong Lei, Chinese Human Rights Defenders (Online), ``Youth
With Mental Disorder Is Tried on Suspicion of `Subverting State Power'
'' [Jingshenbing qingnian beiyi shexian ``dianfu guojia zhengquan''
panduan], 15 December 09; ``Worker Is Jailed for Joining a Party,''
South China Morning Post (Online), 11 February 10.
    \35\ Zhang Zequn, Chinese Human Rights Defenders (Online),
``Guangdong Shaoguan Democracy Activist Luo Yongquan Ordered To Serve
Two Years Reeducation Through Labor'' [Guangdong shaoguan minzhu renshi
lou yongquan beichu laojiao liangnian], 3 August 09. See also the
Congressional-Executive Commission on China Political Prisoner Database
for more information on Luo's case.
    \36\ Xu Dongmei, Research on Chinese Communist Party Intra-Party
Democracy [Zhongguo gongchandang dangnei minzhu yanjiu], (Beijing:
Party Construction Reading Materials Press, 2004), 7.
    \37\ Deng Xiaoping, ``Report on the Revision of the Constitution of
the Communist Party of China,'' People's Daily (Online), 16 September
56. According to Deng, ``[t]he measures taken for the development of
inner-Party democracy are not meant to weaken necessary centralization
in the Party, but to supply it with a powerful and vigorous base.''
Constitution of the Communist Party of China, as amended 21 October 07.
According to the Party constitution, ``Democratic centralism is a
combination of centralism on the basis of democracy and democracy under
centralized guidance. It is the fundamental organizational principle of
the Party and is also the mass line applied in the Party's political
activities. The Party must fully expand intra-Party democracy,
safeguard the democratic rights of its members, and give play to the
initiative and creativity of Party organizations at all levels as well
as its members.'' Xu Dongmei, Research on Chinese Communist Party
Intra-Party Democracy [Zhongguo gongchandang dangnei minzhu yanjiu],
(Beijing: Party Construction Reading Materials Press, 2004), 3.
Development of inner-Party democracy was all but abandoned during the
Cultural Revolution (1966 to 1976), but was revived after 1978 when the
concept of ``collective leadership'' once again became a guiding
principle of the Party.
    \38\ Joseph Fewsmith, ``Inner-Party Democracy: Development and
Limitations,'' China Leadership Monitor, No. 31, Winter 2010, 1, 9.
    \39\ Chen Xinyu, ``Yibin: Gong County Establishes Public Opinion
Observer System, Raises Public Trust in Candidate Selection'' [Yibin:
gongxian jianli minyi guanchayuan zhidu tigao xuanren yongren
gongxindu], Sichuan News Net (Online), 9 June 10; Chen Xinyu, Shi
Xisheng, and Liu Xiaofang, ``Suzhou Community Resident's Committees
Commonly Elected Through Direct Elections'' [Suzhou shequ juweihui
huanjie pubian caiyong zhixuan laiyuan], Suzhou Daily, reprinted in
Suzhou Hotline (Online), 9 April 10.
    \40\ Ibid.; Hangzhou Municipality, Yuhang District, Bureau of Civil
Affairs (Online), ``Speech at the 2010 Annual Community Organization
Elections Conference'' [Zai 2010 nian shequ zuzhi huanjie xuanju
dahuishang de jianghua], 26 April 10; Dai Candong et al., ``Binjiang
District Smoothly Completes Community Party Organization Election
Work'' [Bingjiangqu shunli wancheng shequ dang zuzhi huanjie xuanju
gongzuo], Hangzhou Daily Net (Online), 2 June 10; Liu Wei, ``Gongshu
Promotes First Citywide Community Election Observer System'' [Gongshu
zai quanshi shoutui shequ huanjie xuanju guangchayuan zhidu], Hangzhou
Daily (Online), 30 May 10. Other listed eligible professions included
members of the eight ``approved'' democratic parties, students or
teachers in law and politics departments at institutes of higher
education, and members of law firms or social organizations. Guangdong
Province Civil Affairs Department, Circular Regarding Further Efforts
To Improve Village (Residents') Committee Election Monitor Systems
[Guanyu jinyibu wanshan cun (ju) weihui xuanju guanchayuan zhidu de
tongzhi], issued 13 March 08. Earlier domestic pilot projects with
election monitoring systems took place in Guangdong.
    \41\ State Council Information Office, White Paper on China's
Political Party System [Zhongguo de zhengdang zhidu baipishu], Xinhua
(Online), 15 November 07, preface.
    \42\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. 2(6),
(8). The 2009-2010 National Human Rights Action Plan declared in
relation to the National People's Congress among other items, that
``[t]he people's congress system will be improved. Revisions will be
made to the Election Law to improve the election system . . . and the
close ties between the deputies and their constituencies will be
maintained.'' In addition, the plan states that ``[t]he Law on the
Supervision by the Standing Committees of People's Congresses at All
Levels shall be implemented to strengthen supervision by the people's
congresses over administrative, trial and procuratorial organs,
focusing on conspicuous problems that have a bearing on the overall
situation of reform, development and stability, affect social harmony
or cause strong public resentment.''
    \43\ Ibid., sec. 2(6)-(8). The 2009-2010 National Human Rights
Action Plan declared in relation to the Chinese People's Political
Consultative Conference (CPPCC), among other items, that ``[p]olitical
consultation will be incorporated further in the decision-making
procedures, and the effectiveness of the participation and deliberation
of state affairs by personages from non-Communist parties and people
with no political affiliation will be enhanced.'' The Action Plan also
stated that ``[t]he proportions of deputies from social organizations
to the Chinese People's Political Consultative Conference at all levels
will be increased.'' In addition, the plan states that ``[t]he
democratic supervision mechanism of the CPPCC will be improved, making
institutional improvements in the links of getting information,
communication and feedback to guarantee unblocked channels for
democratic supervision and enhance the quality and efficiency of
democratic supervision. Full play will be given to the role of CPPCC
bills and proposals in democratic supervision, and government
departments concerned shall handle them seriously, and give formal
replies without delay.''
    \44\ ``Full Text: Speech on Implementation of National Human Rights
Action Plan of China (2009-2010),'' Xinhua, 3 December 09 (Open Source
Center, 3 December 09).
    \45\ Ibid.
    \46\ ``Next Step in Equal Rights for Urban and Rural [Areas]''
[Chengxiang tongquan xia yibu], Century Weekly, reprinted in Caixin Net
(Online), 15 March 10.
    \47\ ``Deyang: The Country's First Professional People's Congress
Deputies Will Without Delay Take Office in Luojiang County'' [Deyang:
quanguo shouge zhuanzhi renda daibiao luojiangxian zou mashang ren],
Sichuan People's Net (Online), 12 July 10; Yu Jianrong, ``Professional
People's Congress Deputies Is Socialist Democracy's New Path''
[Zhuanzhi renda daibiao shi shehui zhuyi minzhu de chuangxin], Oriental
Morning Post (Online), 19 July 10; ``Professionalization of People's
Congress Deputies Is the Direction of Basic Level Political
Development'' [Renda daibiao zhuanzhihua shi jiceng zhengzhi fazhan de
fangxiang], Sichuan Daily, 30 June 10 (Open Source Center, 30 June 10).
    \48\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. 2(6)-(8).
The Human Rights Action Plan states that ``[t]he Law on the Supervision
by the Standing Committees of People's Congresses at All Levels shall
be implemented to strengthen supervision by the people's congresses
over administrative, trial and procuratorial organs focusing on
conspicuous problems that have a bearing on the overall situation of
reform, development and stability, affect social harmony or cause
strong public resentment.''
    \49\ ``Wu Bangguo: This Year NPC Will Make Inquires of State
Council Ministries'' [Wu bangguo: renda jinnian jiang dui guowuyuan
bumen kaizhan zhixun], Southern Weekend (Online), 10 March 10.
    \50\ Yang Tao, `` `Two Highs' Reports Advance Amid `High Opposition
Votes' '' [``Lianggao baogao'' zai ``gao fandui piao'' zhong jinbu],
Southern Metropolitan Daily (Online), 15 March 10.
    \51\ ``National People's Congress Closes, Total of 506 Motions
Raised'' [Quanguo renda huiyi bimu gongti 506 jian yi'an], Southern
Weekend (Online), 14 March 10.
    \52\ Mimi Lau, ``Mainland Newspapers Speak Out on Muzzling
Delegates on Sensitive Issues,'' South China Morning Post (Online), 08
March 10.
    \53\ PRC Constitution, adopted 4 December 82, amended 12 April 88,
29 March 93, 15 March 99, 14 March 04, Preamble (``Multi-party
cooperation and political consultation system under the leadership of
the Communist Party of China shall continue to exist and develop for a
long time to come.'').
    \54\ Guangzhou Municipal Communist Party Central Committee, Rules
on Political Consultation (Trial Implementation) [Zhengzhi xieshang
guicheng (shixing)], issued 3 September 09, arts. 3-6. Article 3
provides for ``consultation before deciding important policies and
during the implementation of those policies.''
    \55\ Ibid., arts. 4, 5, 8.
    \56\ Ibid., arts. 6, 9.
    \57\ ``Guangzhou Issues Political Consultation Regulations in New
Political Reform Scheme'' [Zhenggai xinyou sui chutai zhengzhi xieshang
guicheng], Wen Wei Po (Online), 9 August 09.
    \58\ PRC Organic Law of the Villagers Committees, enacted and
effective on 4 November 98. According to Article 2 of this law, village
committees are ``the primary mass organization of self-government''
through which ``villagers manage their own affairs, educate themselves
and serve their own needs and in which election is conducted, decision
adopted, administration maintained and supervision exercised by
democratic means.'' According to Article 3, the Party branches at the
village level should play ``the core leading role'' [in village
governance]. Article 4 states that the village committees ``shall
assist the said [township] people's government in its work.''
    \59\ Mao Lei and Qin Peihua, ``Organic Law of Village Committees
Implementation Problems Need To Give Rise to Serious Attention''
[Cunmin weiyuanhui zuzhifa shishizhong cunzai wenti xu yinqi zhongshi],
People's Daily, reprinted in National People's Congress (Online), 22
December 09. According to this report, in some villages,
``organizations pay little attention to self-governance, do not
support, or have delayed holding village committee elections for a long
time.'' In other villages, Party committees have controlled everything
and not ``brought elected village committees into play'' and have held
village representative meetings in form only.
    \60\ Hui Ji, Zhejiang Normal University Village Research Center
(Online), Research Report on Guizhou Province Open Government Affairs
and Democratic Management ``Difficult Villages'' Governance Work [Dui
guizhousheng cunwu gongkai he minzhu guanli ``nandiancun'' zhili
gongzuo de diaoyan baogao], 11 December 09. Guizhou province reportedly
had a total of 542 ``difficult villages'' with various problems.
    \61\ Ibid.
    \62\ ``(Ministry of Civil Affairs) National Open Village Affairs
and Democratic Management `Difficult Villages' Governance Work
Experience Exchange Conference Opens'' [(Minzhengbu) quanguo cunwu
gongkai he minzhu guanli ``nandiancun'' zhili gongzuo jingyan
jiaoliuhui zhaokai], People's Daily, reprinted in Wenzhou Bureau of
Civil Affairs (Online), 15 December 09.
    \63\ Ibid.
    \64\ Central People's Government, Open Village Affairs and
Democratic Management Difficult Villages Governance Work Plan (2009-
2011) [Cunwu gongkai he minzhu guanli nandiancun zhili gongzuo jihua
(2009-2011)], issued 16 July 09; Ministry of Civil Affairs, Opinion
Regarding Developing Open Village Affairs and Democratic Management
`Difficult Villages' Governance Work [Guanyu kaizhan cunwu gongkai he
minzhu guanli ``nandiancun'' zhili gongzuo de ruogan yijian], issued 24
February 09.
    \65\ ``China Considers Law To Give Rural Residents More Power in
Village Affairs, Elections,'' Xinhua, reprinted in National People's
Congress (Online), 23 June 10; Wei Minli et al., ``Guarantee Hundreds
of Millions of Villagers Will Be the Masters of Their Own Affairs,
Organic Law of Villagers' Committees Draft Revisions To Resolve `Three
Difficulties' '' [Baozhang yiwan nongmin dangjiazuozhu cunmin
weiyuanhui zuzhifa xiuding caoan pojie ``sannan''], Xinhua (Online), 22
December 09; Wang Weibo, ``Strengthen Party Leadership: China's Village
Self Autonomy Facing a Change? '' [Wang Weibo: qianghua dang de
lingdao: zhongguo de cunmin zizhi mianlin zhuanze?], China Newsweek,
reprinted in China Elections and Governance (Online), 15 July 10; Li
Huizi and Yu Xiaojie, ``Law Changes To Give Chinese Villagers Greater
Say in Removing Officials,'' Xinhua (Online), 23 December 09.
    \66\ Wei Minli et al., ``Guarantee Hundreds of Millions of
Villagers Will Be The Masters of Their Own Affairs, Organic Law of
Villagers' Committees Draft Revisions To Resolve `Three Difficulties'
'' [Baozhang yiwan nongmin dangjiazuozhu cunmin weiyuanhui zuzhifa
xiuding caoan pojie ``sannan''], Xinhua (Online), 22 December 09;
``China Considers Law To Give Rural Residents More Power in Village
Affairs, Elections,'' Xinhua, reprinted in National People's Congress
(Online), 23 June 10; Li Huizi and Yu Xiaojie, ``Law Changes To Give
Chinese Villagers Greater Say in Removing Officials,'' Xinhua (Online),
23 December 09.
    \67\ Wang Weibo, ``Strengthen Party Leadership: China's Village
Self Autonomy Facing a Change? '' [Wang weibo: qianghua dang de
lingdao: zhongguo de cunmin zizhi mianlin zhuanze?], China Newsweek,
reprinted in China Elections and Governance (Online), 15 July 10.
    \68\ Chinese Communist Party (Online), ``Public Invited To Comment
on Draft Revision of Organic Law of Villagers' Committees,'' 28
December 09.
    \69\ Yao Lifa and Han Ye, Chinese Human Rights Defenders (Online),
`` `Village Officials' From Four Chinese Provinces Convene News
Conference'' [Zhongguo sisheng `cunguan' zai beijing zhaokai xinwen
fabuhui], 27 February 10.
    \70\ ``China To Extend Anti-Corruption Fight to Non-Public
Entities,'' Xinhua, reprinted in People's Daily (Online), 22 February
10.
    \71\ Transparency International (Online), ``Corruption Perceptions
Index 2009,'' November 2009.
    \72\ Ministry of Supervision (Online), ``2009 Discipline Inspection
and Supervision Agencies Case Investigation and Management Work
Situation Press Conference'' [2009 niandu jijian jiancha jiguan chaban
anjian gongzuo qingkuang xinwen tongqihui], 07 January 10.
    \73\ ``Chinese Lawmakers Urge Amplified Anti-Corruption Efforts To
Maintain Social Stability,'' Xinhua (Online), 10 March 10.
    \74\ ``China Reveals Stimulus Graft,'' Associated Press, reprinted
in Wall Street Journal (Online), 20 May 10.
    \75\ Ibid.
    \76\ State Council Information Office, National Human Rights Action
Plan of China (2009-2010), Xinhua (Online), 13 April 09, sec. 2(8). The
Human Rights Action Plan states that ``[l]aws and regulations on the
prevention and punishment of corruption will be strictly implemented,
so will rules that require leading cadres to be clean and self-
disciplined . . . . Full play will be given to the role of
administrative supervision to resolutely stop unhealthy practices that
hurt the fundamental interest of the public, and effective measures
will be taken to deal with major issues that cause strong public
resentment.''
    \77\ Dai Zhiyong, ``If the People Can Learn To Compromise, Please
Learn To Govern Honestly'' [Ruguo minzhong neng tuoxie, qing ni xuezhe
zuo qingguan], Southern Weekend (Online), 23 September 09. In September
2009, the Party Central Discipline Inspection Commission reportedly
announced that officials must disclose their personal records related
to housing, investments, and the employment status of their spouse and
children. He Huifeng, ``Guangdong Officials To Disclose Assets--But Not
to the Public,'' South China Morning Post (Online), 15 October 09.
Several provinces and cities have initiated similar asset reporting
requirements for select categories of officials including, a city in
the Xinjiang Uyghur Autonomous Region, cities in Hunan and Guangdong
provinces, and the municipality of Shanghai, although in many cases
reported information remained within the Communist Party unavailable to
the public.
    \78\ Raymond Li, ``Liaison Offices Face Closure in Anti-Graft
Drive,'' South China Morning Post (Online), 25 January 10; General
Office of the State Council, Opinion Regarding Strengthening and
Standardizing Management of Local Government Liaison Offices in Beijing
[Guowuyuan bangongting guanyu jiaqiang he guifan gedi zhengfu zhu
Beijing banshi jigou guanli de yijian], 19 January 10, sec. 2. Beijing-
based liaison offices reportedly are the source of lobbying efforts of
local and regional governments and state-run companies, and according
to the South China Morning Post may number as high as 10,000 based on
``official media reports.'' In January 2010, the central government
mandated that by June, county-level government ``liaison offices'' in
Beijing must close, city-level offices could remain after approval of
the government at the relevant administrative level, and provincial-
level government and agency liaison offices could remain open.
    \79\ ``The Party Central Committee Issues Clean Government Norms
[With] 52 `Prohibitions' To Standardize Party Cadre Behavior''
[Zhongyang banbu lianzheng zhunze 52 ``buzhun'' guifan dangyuan ganbu
xingwei], Xinhua, reprinted in Ministry of Supervision (Online), 24
February 10. See especially Articles 5, 7, 8; ``Chinese Communist Party
Issues New Ethics Code,'' Associate Press, reprinted in New York Times
(Online), 23 February 10.
    \80\ Woods Lee, ``Party Website Opens To Expose Corruption,'' South
China Morning Post (Online), 30 October 09. The Internet address of
this particular Web site is 12388.gov.cn.
    \81\ Zhao Yang, ``Supreme People's Procuratorate: More Than 70
Percent of the Cases of Work-Related Offenses Originate From Citizen
Reports'' [Zuigaojian: qicheng yishang zhiwu fanzui anjian yuanyu
qunzhong jubao], Legal Daily (Online), 21 June 10.
    \82\ Du Meng, ``70% of Whistleblowers Subject to Retribution, Trend
Toward Concealed Methods, Difficult To Establish Scope'' [70% jubaozhe
zaoyu daji baofu shouduan riqu yingbi nanyu jieding], Legal Daily
(Online), 17 June 10.
    \83\ Mandy Zuo, ``Amendment To Shield Informants,'' South China
Morning Post (Online), 23 June 10.
    \84\ Du Meng, ``70% of Whistleblowers Subject to Retribution, Trend
Toward Concealed Methods, Difficult To Establish Scope'' [70% jubaozhe
zaoyu daji baofu shouduan riqu yingbi nanyu jieding], Legal Daily
(Online), 17 June 10.
    \85\ Zou Le, ``Internet Critic Vows To Zip His Mouth,'' Global
Times (Online), 11 March 10.
    \86\ Yan Jie, ``Detention Order Is Revoked,'' China Daily (Online),
11 March 10.
    \87\ Mandy Zuo, ``Amendment To Shield Informants,'' South China
Morning Post (Online), 23 June 10.
    \88\ Wang Jinbao, ``Thoughts on Political Reform Behind the
Training of `County-Level Officials,' '' China News Weekly, 29 March 10
(Open Source Center, 19 April 10). Other signs include promotion of a
personnel system that would have provincial Party committees appoint
(or approve of) county-level Party committees (instead of Party
committees at the next highest level), continuous rounds of training of
county-level officials at the Communist Party School throughout the
year, and measures promoting fiscal reform at the county level, among
others.
    \89\ Ibid.
    \90\ ``Supreme Court Requests Elimination of Localities' `Local
Policies' To Resolve Difficulties With Bringing Administrative Lawsuits
[Zuigaofa yaoqiu qingchu gedi ``tuzhengce'' jie xingzheng susong
gaozhuang nan], Xinhua (Online), 23 May 10.
    \91\ `` `Hunan Provincial Administrative Procedure Provisions'
Appearance Wins Central Approval'' [``Hunan sheng xingzheng chengxu
guiding'' chutai huo zhongyang kending], China News (Online), 14 May
10.
    \92\ Ibid.
    \93\ Lian Qingqing, ``Guangdong Drafts Provisions on `Red [Letter]
Head Documents,' Effective Period May Not Exceed Five Years''
[Guangdong ni guiding ``hongtou wenjian'' you xiaoqi zuichang 5 nian],
Guangzhou Daily, reprinted in Dayang Net (Online), 11 December 09.
Trial regulations may only remain effective for two years.
    \94\ China Transparency (Online), ``Experts: Large Advances in Open
Budgeting, Distance to Public Expectations Is Still Wide'' [Zhuanjia:
yusuan gongkai jinbu henda juli gongzhong qidai shanggyuan], 28 March
10.
    \95\ ``National People's Congress Requests State Council
Departments Make Budgets Public'' [Quanguo renda yaoqiu gongkai
guowuyuan ge bumen yusuan], People's Daily, reprinted in Netease
(Online), 11 March 10.
    \96\ Jiang Yanxin, ``Next Year Beijing Government Departments Will
Make Budgets Completely Public'' [Beijing zhengfu bumen mingnian jiang
quanbu gongkai yusuan], Beijing News, reprinted in People's Daily
(Online), 1 June 10.
    \97\ Guo Aidi, ``Budgets Made Public by Beijing Municipal
Ministries and Commissions Considered Too General and Unclear''
[Beijingshi buwei gongbu yusuan bei zhi taicu fang kanbudong], Beijing
Times, reprinted in Phoenix (Online), 21 May 10.
    \98\ Liu Zichao, ``Pushing Open the Door to Public Budgets''
[Tuaikai gonggong yusuan zhimen], Southern Weekend (Online), 7 January
10.
    \99\ Ibid.
    \100\ Ibid.
    \101\ He Yingsi, ``Guangzhou Makes Public Online the Financial
Budgets of 114 Government Agencies'' [Guangzhou wangshang gongkai 114
ge zhengfu bumen caizheng yusuan], Guangzhou Daily (Online), 23 October
09. Li Detao reported that in 2009, the Shenzhen Ministry of Finance
allowed citizens to view its budget in its reading room.
    \102\ Regulations of the People's Republic of China on Open
Government Information [Zhonghua renmin gongheguo zhengfu xinxi gongkai
tiaoli], issued 5 April 07, effective 1 May 08. For more information,
see ``China Commits to `Open Government Information' Effective May 1,
2008,'' CECC China Human Rights and Rule of Law Update, May 2008, 2.
    \103\ Ibid.
    \104\ Opinions on Several Questions Regarding the People's Republic
of China Regulations on Open Government Information [Zhonghua renmin
gongheguo zhengfu xinxi gongkai tiaoli ruogan wenti de yijian], issued
29 April 08.
    \105\ State Council General Office, Opinions on Performing Well the
Work of Disclosing Government Information on Request [Guanyu zuohao
zhengfu xinxi yi shenqing gongkai gongzuo de yijian], issued 12 January
10, art. 1.
    \106\ Ibid., arts. 2 (scope of government information), 3 (handling
a request affecting multiple agencies), 5 (increasing disclosure to
decrease volume of requests), 6 (improve services), and 7 (secrecy of
information).
    \107\ Supreme People's Court, Measures on Several Issues Concerning
Adjudication of Administrative Cases Involving Open Government
Information (Public Comment Draft) [Guanyu shenli zhengfu xinxi gongkai
xingzheng anjian ruogan de guiding (zhengqiu yijian gao)], released 3
November 09.
    \108\ Wang Doudou, ``Open Government Information Judicial
Interpretation Solicits 411 Suggestions'' [Zhengfu xinxi gongkai sifa
jieshi zhengqiu yijian 411 tiao], China Court Network (Online), 3 March
10.
    \109\ Wang Doudou, ``Supreme Court States Open Information Scope
Will Not `Shrink' '' [Zuigao fayuan cheng xinxi gongkai fanwei buhui
``suoshui''], Legal Daily, reprinted in China Court Network (Online), 3
March 10.
    \110\ Supreme People's Court, Opinion Regarding the Protection of
Plaintiffs Right To Sue in Administrative Litigation Cases [Guanyu yifa
baohu xingzheng susong dangshiren suquan de yijian], issued 11 November
09, art. 3.
    \111\ Jamie P. Horsley, China Law Center, Yale Law School, ``Update
on China's Open Government Information Regulations: Surprising Public
Demand Yielding Some Positive Results,'' 23 April 10. According to this
report, ``Substantial challenges continue to frustrate realization of
the Chinese people's `right to know,' '' including conflicts with
China's state secrets laws, and ``[w]hat was less predictable was the
dynamism of the Chinese people's response to this new channel for
interacting with their government, evidence of the increasing awareness
of their rights and interests as citizens and taxpayers . . . .''
    \112\ Beijing officials reported receiving 6,889 OGI requests in
2009. Beijing Municipal People's Government 2009 Open Government
Information Work Annual Report [Beijing shi renmin zhengfu 2009 nian
zhengfu xinxi gongkai gongzuo niandu baogao], PRC Central People's
Government (Online), 6 April 10, 9. Shanghai officials reported
receiving 11,773 OGI requests in 2009. 2009 Shanghai Open Government
Information Work Annual Report [2009 Shanghai zhengfu xinxi gongkai
gongzuo niandu baogao], Shanghai Municipal People's Government
(Online), March 2010, 11. Guangzhou officials reported receiving
798,279 OGI requests in 2009. Guangzhou Municipality 2009 Open
Government Information Work Annual Report [Guangzhou shi 2009 nian
zhengfu xinxi gongkai gongzuo niandu baogao], Guangzhou Municipal
People's Government (Online), 25 March 10. The figures from the three
Open Government Information reports included above are inclusive of the
requests reportedly received by municipal-level government agencies as
well as the requests received by district and county administrative
areas within the municipality. Jamie P. Horsley, China Law Center, Yale
Law School, ``Update on China's Open Government Information
Regulations: Surprising Public Demand Yielding Some Positive Results,''
23 April 10. Guangzhou was the first municipality to adopt Open
Government Information provisions.
    \113\ Liu Zichao, ``Pushing Open the Door to Public Budgets''
[Tuaikai gonggong yusuan zhimen], Southern Weekend (Online), 7 January
10.
    \114\ ``Tearing Down Your House, It Has Nothing to Do With You? ''
[Chai ni fangzi, yu ni wuguan?], Southern Metropolitan Daily (Online),
23 June 10.
    \115\ Alexa Olesen, ``China Activist Demands Quake Recovery Budget
Info,'' Associated Press, reprinted in Washington Post (Online), 3
March 10.
    \116\ Huang Yijun, Chinese Human Rights Defenders (Online),
``Lawyer Yan Yiming Seeks the Whereabouts of 40 Billion Yuan Ahead of
the `Two Sessions' '' [Yan yiming lushi ``lianghui'' qian zai zhui 4
wanyi touzi quxiang], 25 February 10.
    \117\ Han Haikuo and Li Hailing, ``Yunnan Province Administrative
Transparency Score 0, Response: Relevant Departments Did Not Respond''
[Yunnan xingzheng toumingdu de 0 fen, huiying: xiangguan bumen dou mei
huihan], China News Net, reprinted in Legal Daily (Online), 18 June 10;
Jamie P. Horsley, China Law Center, Yale Law School, ``Update on
China's Open Government Information Regulations: Surprising Public
Demand Yielding Some Positive Results,'' 23 April 10; Center for Public
Participation Studies and Support, Annual Watch Report on China's
Administrative Transparency--2008 (Abridged Version) [Zhongguo
xingzheng toumingdu niandu guancha baogao--2008 niandu (jieben)], 2
April 10; Suzanne Piotrowski et al., ``Key Issues for Implementation of
Chinese Open Government Information Regulations,'' 69 Public
Administration Review, Issue 1, 129, 133 (2010).
    \118\ Center for Public Participation Studies and Support, Annual
Watch Report on China's Administrative Transparency--2008 (Abridged
Version) [Zhongguo xingzheng toumingdu niandu guancha baogao--2008
niandu (jieben)], 2 April 10; Suzanne Piotrowski et al., ``Key Issues
for Implementation of Chinese Open Government Information
Regulations,'' 69 Public Administration Review, Issue 1, 129, 133
(2010).
    \119\ Ibid.
    \120\ Beijing Municipal People's Government 2009 Open Government
Information Work Annual Report [Beijing shi renmin zhengfu 2009 nian
zhengfu xinxi gongkai gongzuo niandu baogao], PRC Central People's
Government (Online), 6 April 10, 11; 2009 Shanghai Open Government
Information Work Annual Report [2009 Shanghai zhengfu xinxi gongkai
gongzuo niandu baogao], Shanghai Municipal People's Government
(Online), March 2010, 13; Guangzhou Municipality 2009 Open Government
Information Work Annual Report [Guangzhou shi 2009 nian zhengfu xinxi
gongkai gongzuo niandu baogao], Guangzhou Municipal People's Government
(Online), 25 March 10; Chongqing Municipal People's Government 2009
Open Government Information Work Annual Report [Chongqing shi renmin
zhengfu 2009 nian zhengfu xinxi gongkai gongzuo niandu baogao], PRC
Central People's Government (Online), 6 April 10.
    \121\ 2009 Shanghai Open Government Information Work Annual Report
[2009 Shanghai zhengfu xinxi gongkai gongzuo niandu baogao], Shanghai
Municipal People's Government (Online), March 2010, 13.
    \122\ Ibid.; Beijing Municipal People's Government 2009 Open
Government Information Work Annual Report [Beijing shi renmin zhengfu
2009 nian zhengfu xinxi gongkai gongzuo niandu baogao], PRC Central
People's Government (Online), 6 April 10, 11.
    \123\ Jamie P. Horsley, China Law Center, Yale Law School, ``Update
on China's Open Government Information Regulations: Surprising Public
Demand Yielding Some Positive Results,'' 23 April 10.
    \124\ Kong Lingquan, ``Lawyer Requests Information Disclosure From
80 Provincial and City Governments, Receives Cold Response'' [Lushi
xiang 80 ge sheng shi zhengfu shenqing xinxi gongkai jiedao lengdan
huifu], Democracy & Law, reprinted in Jin Yang Net (Online), 19 June
10.
    \125\ Li Yizhong, ``Wuhan Municipality's First Open Government
Information Case Concludes, Illegal Administrative Action Affirmed''
[Wuhan shouli zhengfu xinxi gongkai an shenjie queren xingzheng xingwei
weifa], Changjiang Daily, reprinted in Eastday (Online), 30 January 10.
    \126\ ``Beijing Resident Sues Environmental Protection Bureau for
Illegal Approval, Loses Lawsuit'' [Beijing jumin gao huanbao ju weigui
shenpi baisu], Jinghua Times, reprinted in Sina (Online), 22 May 10.
    \127\ Li Li, ``Outline of Achievements of 6-Year `Open Door
Legislation' Issued, State Council Solicited Public Comments on 67
Administrative Regulations'' [Gangyao banbu 6 nian ``kaimen lifa''
cheng changtai guowuyuan yi dui 67 jian xingzheng fagui gongkai
zhengqiu yijian], Legal Daily (Online), 25 March 10.
    \128\ Ibid.
    \129\ Ibid.
    \130\ U.S.-China Business Council (Online), ``PRC Transparency
Tracking,'' updated April 2010.
    \131\ Ibid.
    \132\ Ibid.
    \133\  For more information about public hearing topics in China,
see Section III--Institutions of Democratic Governance in CECC, 2009
Annual Report, 10 October 09, 208-216; Peng Zongchao et al., Public
Hearing Systems in China: Transparent Policymaking and Public
Governance [Tingzheng zhidu: touming juece yu gonggong zhili],
(Beijing: Tsinghua University Press, 2004), 3, 5. According to Article
42 of the PRC Law on Administrative Punishment, a qualified party may
request a public hearing regarding orders to stop production,
revocation of permits or licenses, and administrative fines. PRC Law on
Administrative Punishment, enacted 17 March 96, effective 1 October 96,
art. 42. In the late 1990s and in the current decade, public hearing
systems have been added to a variety of other administrative,
legislative, and judicial laws and regulations. By the end of 2004,
nearly one-third of China's provinces, cities, and district courts
established a public hearing system in state compensation cases.
``Public Hearings: Driving Engine of Democracy in China,'' Xinhua
(Online), 5 October 06. One Chinese scholar remarked that ``people are
more willing to cooperate with the authorities in implementation of
public policy if they can contribute to the policy-making process.''
Human Rights in China (Online), ``Chinese Lawyer Challenges Filtering
Software Order and Requests Public Hearing,'' 15 June 09; State
Council, Decision Regarding Strengthening Municipal and County
Government Law-Based Administration [Guanyu jiaqiang shixian zhengfu
yifa xingzheng de jueding], issued 18 June 08. The State Council
directive states that government agencies may ``hold hearings for
issues subject to examination and approval which concern the major
public interests or the vital interests of the people.'' Colin Knox and
Zhang Qun, ``Building Public Service-Oriented Government in China,'' 20
International Journal of Public Sector Management, No. 5, 449, 449-464
(2007). One finding of this study is that in the case observed, the
decisionmaking process was not ``improved'' by the hearing process
because of the lack of valuable debate.
    \134\ Yangjiang Municipal Development and Reform Commission,
Yangjiang Municipal People's Government Administrative Policy Procedure
Provisions [Yangjiangshi renmin zhengfu xingzheng juece chengxu
guiding], issued 8 February 10; Huangshan Municipal Government,
Important Administrative Policy Procedure Provisions [Zhongda xingzheng
juece chengxu guiding], issued 16 December 09; Suzhou Municipal
Government Legislative Affairs Office (Online), ``Analysis of `Suzhou
Municipal People's Government Key Administrative Policy Procedure
Provision' '' [``Suzhoushi renmin zhengfu zhongda xingzheng juece
chengxu guiding'' jiedu], 21 February 10.
    \135\ Chen Fei, ``China Will Pursue Public Hearing Systems for
Major Administrative Policies at Both Municipal and County Levels''
[Zhongguo zai shixian liangji zhengfu tuixing zhongda xingzheng juece
tingzheng zhidu], Xinhua (Online), 18 June 08; State Council, Decision
Regarding Strengthening Municipal and County Government Law-Based
Administration [Guanyu jiaqiang shixian zhengfu yifa xingzheng de
jueding], issued 18 June 08.
    \136\ ``Outlandish Situations at Water Hearings Around the Country
Productions Just for Show Are Incessant, [Lead to] Calls for
Accountability System'' [Gedi shuijia tingzhenghui guaizhuang buduan
zaojiafeng huyu wenze jizhi], China News Net, reprinted in Xinhua
(Online), 24 December 09; Guo Wenjing, ``Put in Place: There Is a
Demand for the Appearance of Justice but an Even Greater Demand for
Substantive Justice'' [Chutai: yao xingshi zhengyi gengyao shizhi
zhengyi], Xinhua (Online), 22 December 09; ``Beijing Denies Public
Hearings Just for Show,'' South China Morning Post (Online), 9 January
10.
    \137\ Ibid.
    \138\ Wang Jingbo, ``Professor Says Public Hearings Have Little
Meaning as Government Holds Them After Policies Are Decided'' [Jiaoshou
cheng zhengfu juece hou zai juxing tingzhenghui yiyi buda], People's
Daily (Online), 28 December 09.

Brak komentarzy:

Prześlij komentarz