Contents
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 Constitution, China has
enacted a series of laws on the protection of human rights, and
set up a relatively comprehensive legal system for the protection
of human rights. On the basis of achievements made over the 50-plus
years of economic and social development, the Chinese people are
now enjoying human rights more comprehensive and fuller than they
have ever enjoyed in the past.
- The people's rights to subsistence and development are guaranteed.
The 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
