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Bid to build democracy comes to fruition
(China Daily)
Updated: 2005-10-20 05:32 Editor's note: The Information Office of China's State Council yesterday issued a white paper titled Building of Political Democracy in China. The following is the abstract of the document: Preface 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. 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 practise 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 vigour and vitality. I. A Choice Suited to China's Conditions 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. 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. 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 councillors, 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. 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 Programme of the Chinese People's Political Consultative Conference," which served as a provisional constitution of the new republic. The Common Programme clearly stipulated, "The People's Republic of China is a State of new democracy, or of the people's democracy. It will practise 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 place 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. 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 practised 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 exercising 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. 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. 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 co-operation 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 grass-roots 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. 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. 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 of their country 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 lives have 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 per cent, 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, with 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 3.5 million Party organizations and 69.6 million 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, 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. 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. 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 per cent of the number of citizens at or above the age of 18, and the ratio of participation in elections has been around 90 per cent. 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. 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 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 10th 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 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. To supervise the work of the governments, the courts and the procuratorates is 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 is 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 governments, courts and procuratorates at the same level shall report their work to the session, and the 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 for reforms, development and stability, as well as urgent topics or difficulties that are related to the immediate interests of the people. 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-presidents 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 councillors, ministers in charge of various ministries or commissions, the auditor-general and the secretary-general of the State Council upon nomination by the premier or upon nomination by the chairperson 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. 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. 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 vigour; 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 co-ordinated 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 Co-operation and Political Consultation Under the Leadership of the CPC The political party system China has adopted is multi-party co-operation 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 practised 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 Jiu San Society (founded in 1945) and the Taiwan Democratic Self-Government League (founded in 1947). 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. 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 co-operation 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 centring 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 co-operation 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. 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 leading positions in government and judicial organs at various levels. Members of the democratic parties and personages without party affiliation play an important role in the CPPCC. 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. 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. 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 totalled 106.43 million, accounting for 8.41 per cent 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 practises 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 practised 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 per cent of the total population of ethnic minorities. 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. 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. Now available are coded character sets, national standards for fonts and keyboards in Mongolian, Tibetan, Uygur, Korean and Yi languages, software in these languages can be run using Microsoft Windows, and laser photo-typesetting in these languages has been realized. 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. 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 the 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 Programme 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 coming directly from the central government. During the 10th Five-Year Plan (2001-05), 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 per cent, 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 per cent of the national per capita figure; in 2003, it rose to 66.5 per cent. Also in 2003, the local revenue of the ethnic autonomous areas reached 67.4 billion yuan (US$8.31 billion), 3.3 times that of 1994. In the same year, the per capita GDP in Tibet was 6,871 yuan(US$847.22), equivalent to 75.5 per cent of the national per capita average; the per capita GDP in Xinjiang was 9,700 yuan (US$1,20), equivalent to 106.6 per cent of the national per capita average. 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 rural villagers' committees, urban neighbourhood committees and the conferences 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. It is an issue of great importance in China's building of political democracy to expand and develop rural grass-roots democracy, so farmers can fully exercise their democratic rights as real masters in their villages. After years of exploration and practice, the CPC has led 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 grass-roots 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, terms of service and other issues related to villagers' committees to ensure the healthy development of grass-roots 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 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. 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. 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. Democratic supervision.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 a new chapter in the building of political democracy in rural China. (2) Building of Political Democracy in Urban Communities The urban neighbourhood 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, neighbourhood 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 neighbourhood 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 Neighbourhood Committees in the Cities, enacted by the NPC Standing Committee in 1989, provides the legal basis and institutional guarantee for the development of urban neighbourhood committees. In 1999, the State experimented with community building in 26 municipal districts, and then community building demonstration activities were held all over the country. By the end of 2004, 71,375 neighbourhood 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 neighbourhood 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 urban community residents participate actively in the direct elections of neighbourhood committees and over 90 per cent of them turn out to vote. As a result of the direct elections, neighbourhood 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 neighbourhood committees work within the framework of law, and 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 neighbourhood 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 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 Labour 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, labour 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. Since 1998, the system of making factory affairs public has been adopted in State-owned enterprises, collective enterprises andenterprises whose equities are controlled by the two, and has also been extended to non-publicly owned enterprises. Now, 52.8 per cent 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 per cent of the employees in publicly owned enterprises with trade union organizations; 32.6 per cent 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 per cent of the employees in non-publicly owned enterprises with trade union organizations. VII. Respecting and Safeguarding Human Rights In March 2004, an Amendment to the Constitution was adopted by the Second Session of the 10th 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. 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, co-ordinated 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 people's average life expectancy was raised from 35 years before the founding of New China in 1949 to nearly 72 years in 2004. 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, honour, personal dignity and personal safety as well as the right to keep one's property from encroachment are also acknowledged and protected. The State encourages proactively the development of the press and publishing undertakings. 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 labour, 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. The legitimate rights and interests of special groups of people, such as women, the aged and minors, and underprivileged groups, such as the disabled, are guaranteed. 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. 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. 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, programme 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 co-ordinates the efforts of all quarters, standardizes relations between Party committees and the people's congresses, the governments, the CPPCC organizations and mass organizations. (2) Developing Inner-Party Democracy Promoting people's democracy by improving inner-Party democracy is an important component of the CPC's democratic rule. In recent years, the CPC has been unceasingly progressing in promoting inner-Party democracy. Making efforts to establish and improve a mechanism to guarantee the democratic rights of Party members. In September 2004, the CPC Central Committee promulgated the revised Regulations on the Guarantee of Rights of CPC Members, which, on the basis of the rights and obligations prescribed in the Constitution of the CPC and by summarizing the new experience gained in developing inner-Party democracy, improves the procedures for CPC members to exercise their democratic rights, thus further institutionalizing and standardizing the exercise of such rights. Improving and perfecting the system of Party congress. The CPC has established the system of congress in its organizations at and above the county level. The national congress and the congresses of the provinces (autonomous regions and municipalities directly under the central government), cities divided into districts, autonomous prefectures, counties (banners), autonomous counties, cities not divided into districts and municipal districts are held once every five years. Giving full play to the role of plenary sessions of Party committees. In accordance with the principle of collective leadership, democratic centralism, individual consultation and decision-making by meeting, the CPC endeavours to improve the rules of procedure and the decision-making mechanism within Party committees, with priority given to strengthening the role of plenary sessions of Party committees at all levels. Reforming and improving the system of inner-Party elections. The CPC has constantly reformed and improved the method of candidacy nomination in inner-Party elections, and the nominations by Party organizations and Party members are combined in democratic recommendations. Establishing and improving the mechanism of inner-Party supervision. In December 2003, the CPC Central Committee promulgated the Regulations on Inner-Party Supervision of the CPC (trial version), which, for the first time and in the form of inner-Party code, makes comprehensive provisions concerning the focus, ways, methods and other major issues regarding inner-Party supervision, and clearly states that leading organs and leading cadres at all levels, especially principal ones, are the main target of inner-Party supervision. (3) Expanding Democracy in Cadre and Personnel Work Over the years, the CPC has continuously reformed its cadre and personnel system and intensified efforts to make its cadre and personnel work more scientific, democratic and institutionalized. First, establishing and improving a scientific mechanism for selection, appointment, management and supervision of cadres. In 2002, the CPC Central Committee issued the Regulations on the Work of Selecting and Appointing Leading Party and Government Cadres, which contained comprehensive provisions on all links in selecting and appointing leading cadres, thus further improving work in this regard. Second, introducing the system of open selection and competition for leading posts. The Regulations on the Work of Selecting and Appointing Leading Party and Government Cadres, as well as the Provisional Regulations on the Open Selection of Leading Cadres of the Party and Government and the Interim Provisions on the Work of Competition for Posts in the Party and Government, both of which were issued by the General Office of the CPC Central Committee in 2004, all included clear provisions on the scope of application, procedure of selection, and methods of examination and review, discipline and supervision regarding open selection and competition in this field, thus making the work more regularized and institutionalized. Third, improving the mechanism of democratic decision-making by Party committees regarding the selection and appointment of cadres. On the basis of summing up past experience, the Voting Methods for the Plenum of CPC Local Committees Concerning Candidates Nominated and Recommended as Head of a Party Committee or Government of an Immediate Lower Level, issued by the CPC Central Committee in 2004, clearly stipulates that the would-be head of a Party committee or government of a city (prefecture, league) or county (county-level city, district or banner) shall be, in usual circumstances, nominated by the standing committee of the Party committee at a higher level and submitted to the plenum of the said Party committee for a secret vote. Fourth, introducing the civil service system.Since the Provisional Regulations on Civil Servants of the State was put into effect in October 1993, a large number of outstanding young talented people with higher education have been recruited as civil servants through open examination and selection. In April 2005, the Law of the People's Republic of China on Civil Servants was deliberated and adopted by the NPC Standing Committee, and announced to take effect as of January 2006. (4) Tightening Restraints and Supervision over Use of Power With the goal of establishing a mechanism for the exercise of power featuring a rational structure, scientific disposition, rigorous procedures and effective restraint, the CPC has combined reinforcing the building of the system of restraint over power with effective supervision over cadres. First, it has augmented supervision over leading organs and cadres, especially principal ones in leading bodies at all levels. The supervision covers the implementation of democratic centralism and the rules of procedure for leading bodies, and the implementation of the system under which leading cadres report on major matters, their work and their efforts to perform their duties honestly and the system of democratic appraisal, instruction and admonishment, and the system that requires leading cadres to reply to letters of inquiry from Party organizations. Second, it has beefed up supervision over the use of power at key links and sectors, such as the selection and appointment of cadres, the operation of financial funds and the management of State-owned assets and finances. Third, it has given full scope to various supervisory bodies to raise overall efficiency. This means strengthening inner-Party supervision, and supporting and guaranteeing supervision by the people's congresses, special government organs and judicial departments, democratic supervision by CPPCC organizations and the supervision of public opinion. After long-term unremitting efforts, the CPC has developed a set of systems, mechanisms and methods to restrict and monitor the exercise of power, build a clean government and combat corruption, that are in accord with the national conditions. In January 2005, the CPC Central Committee promulgated the Implementation Outline for Building and Improving the System to Punish and Prevent Corruption with Equal Stress on Education, System and Supervision, which represents an overall arrangement in line with the principle of addressing both the symptoms and the root causes of corruption, taking comprehensive measures to rectify both and trying both methods of punishment and prevention, with priority given to the latter. In recent years, the CPC has, in line with the principle of democratic centralism, gradually introduced transparency into Party affairs, and set up and improved a set of systems regarding the circulation of information among Party members, soliciting opinions on important decisions and reporting on major matters and their own incomes by leading cadres, thereby making the systems play an important role in building a clean government and combating corruption. The CPC will continue to battle corruption by improving its institutional and legal instruments, improve the relevant leadership system and working mechanism, and work out overall medium- and long-term plans for the institutional building of laws and rules to build a clean government and combat corruption, so as to put the use of power under institutional and legal control. It will urge the State legislative organs to expedite the legislative procedures regarding the building of a clean government, study and formulate specific anti-corruption laws, and amend and improve relevant provisions in the Criminal Law and the Criminal Procedure Law. It will continue to deepen the reforms of the cadre and personnel system, judicial system and administrative examination and approval system, as well as the financial and monetary system, investment system, and supervision over and control of State-owned assets, so as to reduce and finally eliminate the soil for and root causes of corruption. The CPC deals severely with Party members and cadres who violate discipline and laws, and is resolute in removing and punishing corrupt members. From December 2003 to November 2004, the Party's discipline inspection organs and the government's supervision departments at all levels had put file 162,032 cases of corruption, wound up 160,602 cases, and disciplined 164,831 persons with Party and administrative discipline penalties. Among them, 5,916 were cadres at county (division) level, 415 at department (bureau) level, and 15 at provincial (ministerial) level. The cases of 4,775 people, or 2.9 per cent of the total punished, were transferred to judicial organs for criminal investigation. In January 2005, the CPC Central Committee promulgated the Implementation Outline for Building and Improving the System to Punish and Prevent Corruption with Equal Stress on Education, System and Supervision, which represents an overall arrangement in line with the principle of addressing both the symptoms and the root causes of corruption, taking comprehensive measures to rectify both and trying both methods of punishment and prevention, with priority given to the latter. In recent years, the CPC has, in line with the principle of democratic centralism, gradually introduced transparency into Party affairs, and set up and improved a set of systems regarding the circulation of information among Party members, soliciting opinions on important decisions and reporting on major matters and their own incomes by leading cadres, thereby making the systems play an important role in building a clean government and combating corruption. The CPC will continue to battle corruption by improving its institutional and legal instruments, improve the relevant leadership system and working mechanism, and work out overall medium- and long-term plans for the institutional building of laws and rules to build a clean government and combat corruption, so as to put the use of power under institutional and legal control. It will urge the state legislative organs to expedite the legislative procedures regarding the building of a clean government, study and formulate specific anti-corruption laws, and amend and improve relevant provisions in the Criminal Law and the Criminal Procedure Law. It will continue to deepen the reforms of the cadre and personnel system, judicial system and administrative examination and approval system, as well as the financial and monetary system, investment system, and supervision over and control of State-owned assets, so as to reduce and finally eliminate the soil for and root causes of corruption. The CPC deals severely with Party members and cadres who violate discipline and laws, and is resolute in removing and punishing corrupt members. From December 2003 to November 2004, the Party's discipline inspection organs and the government's supervision departments at all levels had put in file 162,032 cases of corruption, wound up 160,602 cases, and disciplined 164,831 persons with Party and administrative discipline penalties. Among them, 5,916 were cadres at county (division) level, 415 at department (bureau) level, and 15 at provincial (ministerial) level. The cases of 4,775 people, or 2.9 per cent of the total punished, were transferred to judicial organs for criminal investigation. IX. Government Democracy The Chinese Government is the government of the people. The fundamental purpose of the entire work of the Chinese Government is to serve the people, be responsible to the people, and support and guarantee the people's rights as the masters of the State. Since the adoption of the reform and opening-up policies, especially in recent years, governments at all levels have, in line with the requirements of democratic rule and centering on the goal of "forming an administrative management system that is standard in conduct, co-ordinated in co-operation, and being fair, transparent, honest and efficient," energetically augmented the building of their capability of administration. In February 2005, the Working Rules of the State Council were revamped and announced, fully reflecting the spirit of democracy that encourages scientific and democratic decision-making, administration in accordance with the law and the strengthening of administrative supervision. (1) Promoting Administration in Accordance with the Law In November 1999, the State Council promulgated the Decision on Pushing Forward Administration by Law in an All-Round Way, and identified the tasks and requirements with regard to rule by law. In March 2004, it issued the Implementation Outline for Pushing Forward Administration by Law in an All-Round Way, and announced the goal of basically realizing a law-abiding government in 10 years. On July 1, 2004, the Law of the People's Republic of China on Administrative Licensing went into effect. Under the principle of "rational and legal, efficient and convenient for the people, and supervision and responsibility," the law sets a series of principles and systems for administrative licensing, and, while requiring the government to administer according to law, highlights the major contents of democracy in the government's exercise of power. Strengthening the legislation work of the government. Since 1978, the State Council has submitted to the Standing Committee of the NPC several hundred bills for deliberation according to law, formulated more than 650 administrative regulations that are still in effect today. In recent years, the Chinese Government has persisted in putting the people first and governing for the people, set great store by legislation directly related to the immediate interests of the people, and promoted the co-ordinated development of economic and social undertakings in an all-round way. The State Council has submitted to the NPC Standing Committee a number of bills for deliberation, including the Production Safety Law ( draft), the Law on Prevention and Treatment of Infectious Diseases (revised draft) and the Law on Civil Servants (draft), promulgated or amended such administrative regulations as the Regulations on Unemployment Insurance, the Regulations on Guarantee of Minimum Subsistence Allowances for Urban Residents, the Regulations on Labour Security Supervision, the Regulations on Religious Affairs, the Regulations on Industrial Injury Insurance, the Methods on the Aid to and Management of Indigent Vagrants and Beggars in Cities, the Regulations on Marriage Registration, the Regulations on Legal Aid, and the Regulations on the Implementation of the Law on Road Traffic Safety. In 2005, the State Council once again amended and promulgated the Regulations on Letters of Petition and Personal Petition, which protects in accordance with the law the rights of citizens to criticism, suggestion, appeal, accusation and impeachment, emphasizes the responsibilities of the government departments in charge, and gives prominence to the spirit of "unification of power and responsibility, open operation to facilitate petitioning and guarantee of the rights of citizens." Improving administrative enforcement of the law. The Chinese Government stresses exercising powers and functions strictly in line with the legal limits of authority and legal procedures, introduces in an all-round way the responsibility system in administrative enforcement of law, strictly investigates and affixes the responsibility for mistakes in law enforcement, constantly strengthens the law enforcers' sense of administration in accordance with the law, and reduces and eventually eliminates acts of enforcing law at liberty. In the course of enforcing the law, attention has been placed on protecting the legitimate rights and interests of the parties concerned and the parties of interest, and on resolutely rectifying misconduct that encroaches on the interests of the people, abuse of power for personal gain and other breaches of the law, so as to ensure that the laws are enforced in a strict, just and civilized manner. Over the past few years, the government has made sincere efforts to rectify illegal administrative acts of infringements on people's rights in the work of demolition and relocation in cities and land expropriation and requisition in rural areas. Improving the systems of administrative supervision. While accepting the supervision of the NPC, CPPCC, judicial organs, public opinion and the masses, the Chinese Government has established and improved a set of systems of administrative supervision. The first is the system geared to tracking down the responsibility for erroneous administrative decisions. Based on the principle of "he who makes the decision will be held responsible," where massive losses are caused because of stepping beyond the bounds of one's power or because of violation of procedures, the decision-makers shall be held strictly accountable. The second is the introduction of the system of affixing administrative responsibilities, under which government officials are held responsible if their administrative conduct violates the law. The third is the implementation of the administrative review system and the filing and examination system of regulations and regulatory documents so as to promptly and effectively ensure that subordinate departments and governments act in accordance with the law. The fourth is strengthening supervision by auditing and monitoring organs. The National Audit Office is empowered to conduct careful auditing of the implementation of the central financial budget and other financial revenues and expenditures before making relevant reports to the NPC Standing Committee and the State Council, and made penalty decisions for the violation of financial laws and regulations. China decided in 2005 to enlarge the auditing of economic responsibilities to all leading cadres at department (bureau) level while continuing a similar practice among provincial-level (ministerial-level) officials. (2) Accelerating the Transformation of Government Functions In line with the requirements of democratic administration, the Chinese Government has accelerated its structural reform and the transformation of government functions, pressed ahead with innovations in management structures and systems, with special focus on efficiency of administration, and striven to build a clean, efficient and pragmatic government. Defining the administrative functions of the government in accordance with the law. Guided by the principle that things that can be handled by citizens, legal persons or other organizations independently, or be regulated by the market competition mechanism, or be solved by industrial organizations or intermediaries through self-disciplinary mechanism, shall not be solved through administrative ways by administrative organs, the relations between government and enterprise, government and the market, and government and society have been rationalized gradually, and things that the government need not bother about shall be shifted to enterprises, the market or society correspondingly. Deepening the reform of the system of administrative examination and approval. To solve the problem of excessive administrative examination and approval and uproot corruption, the Chinese Government has pressed forward with reform of administrative examination and approval, comprehensively sorted out projects subject to administrative examination and approval, and scrapped or adjusted the examination and approval of such projects. From 2002 to 2004, the State Council eliminated or moderated 1,806 such projects in three batches. By the end of 2004, the number of projects that needed review and approval by State Council departments had been cut by 50.1 per cent. In the meantime, local governments have also endeavoured to streamline similar projects and standardize their conducts of examination and approval. The Chinese Government will continue to deepen the reform of the system of administrative examination and approval, improve the examination and approval methods, and reinforce follow-up supervision and control, so as to build a scientific and rational mechanism of administrative management and supervision. Strengthening social management and public services. The Chinese Government has made great efforts to improve its social management system and pattern, and maintain social order and stability to promote social justice. The State Council has promulgated 106 plans for emergency, including the Regulations on Response to Public Health Emergencies and the Regulations on Preventing and Dealing with Geological Disasters, worked out the State General Plan for Handling Public Health Emergencies, and is constantly improving its capacity to deal with all emergencies of various kinds. To make itself a better supplier of public services, the Chinese Government is paying more attention to responding to the common demands of society, and gradually improving and completing its public policy and service system. In addition, it is shoring up financial support for education, science and technology, culture, public health and other social undertakings, and pushing forward the commercialization process of some public products and services in an active and steady way. (3) Making Decisions in a Scientific and Democratic Manner The Chinese Government has kept reforming and improving its decision-making mechanism, made efforts in introducing a scientific and democratic practice in decision-making, and encouraged and expanded all forms of effective participation of the masses in government decision-making. Establishing a system of open administration. The Chinese Government requires its subordinate departments at all levels to make public their administrative affairs as far as possible, so as to enhance the transparency of government work and guarantee the people's right to know, participate in and supervise the work of the government. In particular, it requires schools, hospitals, as well as water, power, gas, public transportation and other public departments and units that are closely related to the people's interests to adopt the system of open administration in an all-round way. In recent years, the work of the government has become more transparent with the establishment of government websites and promotion of e-government, as well as the introduction and improvement of the system of press spokespersons and the mechanism of media reporting on emergencies. Now, the Chinese Government is enacting regulations to enhance the transparency of government administration with the aim to provide institutional guarantees to standardizing open administration. Increasing the public's participation in government legislation. By way of media publicity of drafts of laws and regulations, consultation and discussion with experts, seminars and hearings, the Chinese Government has stepped up the practice of open government legislation to ensure the effective participation of the public in the work. On the basis of summing up past experience, the Implementation Outline for Pushing Forward Administration by Law in an All-Round Way has codified and improved relevant systems and mechanisms, so as to ensure that the wisdom of the masses and the will of the people are embodied in government legislation. Establishing a system of expert consultation, discussion and appraisal. When making important decisions, governments at all levels earnestly listen to and accept the opinions of experts. In recent years, the state has organized experts to complete several important strategic study reports on development, including the state medium- and long-term development plans for science and technology, the development plan for agricultural science and technology, the national strategy on sustainable development of water resources, and the plan for building a public health system, thus providing intellectual support for government decision-making. When formulating or revising administrative regulations, the State Council extensively solicits the opinions of experts, accepts their suggestions, and makes great efforts to ensure that the regulations are in accord with reality and are practical. Building systems of public hearing and publicity. Public hearing and publicity are increasingly becoming a common practice adopted by governments at all levels when making decisions. The Law on Legislation, the Law on Price, the Law of Administrative Licensing, the Law on Administration of Toll Highways, and other rules and regulations include expressly specified provisions on public hearings. Some local governments have also worked out their own rules on hearings concerning administrative decision-making. In January 2002, the government departments concerned conducted a hearing on the "plan for government-guided pricing of some passenger train tickets," the first national hearing on an administrative decision in Chinese history, which attracted wide attention from the society. In recent years, several thousand hearings of various kinds have been held across the country, and the public's enthusiasm for participating in government decision-making is higher than ever before. X. Judicial Democracy China's judicial structure and system are important components of the country's system of socialist political democracy. Over the years, China has endeavoured to build and improve its judicial system and working mechanism, strengthen the building of judicial democracy, and guarantee the legitimate rights and interests of citizens and legal persons through judicial justice, and realize social fairness and justice. China has set up separate judicial organs and procuratorial organs under the people's congresses, and practices a judicial system with separation between judicial organs and procuratorial organs. The judicial system reveals the nature of the socialist system in which the people are the masters of the country, and also learns from the experience of other countries in their building of judicial systems. Chinese judicial organs use facts as the basis and law as the yardstick, and punish crimes in strict accordance with the law to protect the legitimate rights and interests of citizens. According to the Chinese Constitution and relevant laws, the people's courts and people's procuratorates exercise judicial power and procuratorial power independently in accordance with the law, and are responsible to, and supervised by, the people's congresses. They are not subject to interference by any administrative organ, public organization or individual. The judicial organs carry out their duties independently within the limits as prescribed by the law, and any interference in their independent exercise of judicial power and procuratorial power in accordance with the law is a violation of the Constitution and the law. Based on this, China has established a system in which the courts independently exercise their judicial power to conduct civil, administrative and criminal trials in accordance with the law, and the procuratorates independently exercise their power to approve arrests, institute public prosecutions, lodge protests and supervise law enforcement in accordance with the law. As the judicial organs of the state, the people's courts take judicial justice as the aim, reform and complete the trial system in line with the principle of independence in trial, and punish criminals and protect the people through trials: they practice the system of defence in criminal trials, attach importance to evidence, not give credence to confessions and see to it that the rights of accused are protected. In civil trials, they pay attention to protecting the rights of the litigants and provide judicial guarantees for citizens to exercise their democratic rights and for litigants to enjoy their civil rights. In administrative trials, they protect citizens' legitimate rights from infringement by illegal conduct of administrative organs. In recent years, the people's courts have been constantly improving litigation procedures to protect legal rights and interests of citizens and legal persons, and truly solve the issue of difficulty in enforcement. China has established the Supreme People's Court and people's courts at various local levels, as well as the military courts and other special people's courts. By the end of 2004, there were 3,548 people's courts at various levels and special people's courts, with a total of 190,627 judges. As the State organs for legal supervision, the people's procuratorates bear, in accordance with the law, the responsibility of cracking down on criminal offenses, investigating embezzlement, bribery, misconduct and infringement of the people's rights by state functionaries, as well as exercising legal supervision over lawsuits and safeguarding judicial justice and legal uniformity. With regard to the legal supervision over criminal lawsuits, they supervise in an all-round way the filing of cases, investigation, trial and execution of penalties, and give equal stress to both the extirpation of crime and the protection of human rights. In legal supervision over civil and administrative lawsuits, they protect the legitimate rights and interests of the parties on an equal footing, with priority given to cases of unjust judgments caused by serious violation of legal procedures, taking bribes and bending the law, and committing irregularities for personal gain. In recent years, the procuratorial organs have made public their operations, adopted the system of notifying litigants of their rights and obligations, the system of public review of non-prosecution cases, criminal appeals and civil administrative counter-appeals, and a working mechanism that guarantees that lawyers perform in accordance with the law in handling criminal law-suits, in an effort to ensure judicial justice. In 2004, procuratorial organs turned down requests for arrest warrants in 68,676 cases, reversed prosecution decisions in 26,994 cases, corrected 2,699 cases that had been improperly placed on file by investigation organs, allowed appeals in 3,063 criminal cases and 13,218 civil administrative judgments, demanded retrials in 4,333 cases, placed 5,569 criminal appeal cases on file for re-investigation, and changed 786 original decisions. China has established the Supreme People's Procuratorate and the people's procuratorates at various local levels, as well as military procuratorates and other special people's procuratorates. By the end of 2004, there were 3,630 people's procuratorates at various levels, with 140,077 procurators. Chinese judicial practice abides, both in institutional and procedural terms, by the principle that everyone is equal and the principle that the punishment must be made to fit the crime. The systems of trial by levels, challenge, open trial, people's jurors, people's supervisors, lawyers, legal assistance and people's mediation have been introduced to safeguard judicial justice, and guarantee the democratic rights of the people and the legitimate rights and interests of citizens. System of open trials. The system of open trial is prescribed in both the Chinese Constitution and relevant laws. In recent years, the Supreme People's Court requires courts at all levels to try cases openly and in strict accordance with the law, in open courts and with evidence openly submitted, question the witness openly, and announce all judgments openly. The people's courts at various levels have further reinforced the system of open trials. Except for cases that should be tried in camera, as specified by law, they now hear all cases in public. Notice of cases to be tried in public shall be announced in advance to open the entire process to the auditing of ordinary citizens and the press. The people's courts also, on their own initiative, invite deputies to the people's congresses and members of CPPCC organizations to audit open trials so that the NPC deputies can supervise and the CPPCC members can inspect judicial activities. System of people's jurors. After New China was founded in 1949, the State prescribed the system of people's jurors in relevant laws, and made detailed provisions for such a system in the Organization Law of People's Courts and other laws enacted later. The Decision on Improving the System of People's Jurors, adopted by the NPC Standing Committee in August 2004, clearly states the scope of trials in which jurors could participate, as well as the qualifications and selection, and rights and obligations of jurors. In line with the law and relevant provisions, the people's courts implement the system of people's jurors in earnest to ensure people's direct participation in and supervision of judicial activities. System of people's supervisors. Adopting the system of people's supervisors and placing procuratorial work under the effective supervision of the people embody the requirements of lawsuit democracy. Since October 2003, the procuratorial organs began to try out the system of people's supervisors in 10 provinces, autonomous regions and municipalities directly under the central government. Later, this system was spread to 86 per cent of all procuratorates nationwide. People's supervisors are selected at the recommendation of various organs, groups, institutions and enterprises, with such major duties as conducting independent appraisals and submitting supervisory comments on cases the procuratorial organs have directly placed on file for investigation but have later decided to withdraw or halt the prosecution of, and in cases of refusal to submit to arrest. They can also participate, upon invitation, in other law-enforcement examination activities organized by the people's procuratorates regarding crimes committed by civil servants, and make suggestions and comments on violations of law and discipline discovered. By the end of 2004, a total of 18,962 people's supervisors had been selected, who had supervised the conclusion of 3,341 cases. System of lawyers. The Lawyers Law, promulgated in 1996, initially established the basic framework of a system of lawyers with Chinese characteristics, and it contains provisions on the rights and obligations of lawyers in the course of judicial and administrative procedures, and other social activities. By the end of 2004, there were 118,000 certified lawyers and 11,691 law firms in China; the unitary State law firms had been replaced by the coexistence of a multiple variety of law firms, including partnership law firms, state law firms and co-operative law firms, with the partnership law firms accounting for 68.6 per cent of the total. In addition, 148 foreign law firms from 17 countries had been allowed to establish offices that are allowed to operate within the boundaries of China, and the Hong Kong Special Administrative Region had established 48 law offices on Chinese mainland. The establishment and improvement of the system of lawyers enable the lawyers to make use of legal means to protect the rights and interests of the litigants, and ensure correct application of law and social fairness and justice. System of legal assistance. Legal assistance is a key measure to guarantee the legitimate rights and interests of the disadvantaged groups and achieve judicial justice. Since 1994, China has explored the building of a legal assistance system with Chinese characteristics. Provisions on the status of the system are stipulated in the Criminal Procedure Law, the Lawyers Law and other laws. The Regulations on Legal Assistance, which came into effect in September 2003, set the basic framework for the system. By the end of 2004, some 3,023 government-sponsored legal assistance organs had been set up across the country, including 2,628 at county and district level, thus initially forming a basic network giving access to people with various difficulties in both urban and rural areas. Nationwide, some 10,458 persons are designated to provide legal assistance, of whom 4,768 are professional lawyers. Input of funds for legal assistance from the treasuries of governments at various levels has increased year by year, up from 18.69 million yuan in 1999 to 217.12 million yuan in 2004, representing an annual average growth of 212 per cent. Over the past decade, legal assistance organizations throughout the country have organized lawyers, grassroots legal service workers and volunteers to handle some 1.1 million legal assistance cases, providing such services to more than 1.6 million people. In recent years, many social groups, NGOs and institutions of higher learning have also participated in legal assistance work. System of people's mediation. By people's mediation, it means to, under the guidance of people's mediation committees established in accordance with the law, on the basis of voluntariness from the parties to a dispute and taking the state laws, regulations, rules, policies and social morality as the yardstick, help the parties to a dispute to reach an agreement by way of ample reasoning and patient persuasion. To date, over 860,000 people's mediation committees have been established nationwide. Manned by 6.6 million people's mediators, they provide mediation services to about 6 million civil disputes of various kinds, and the rate of success exceeded 95 per cent. Conclusion China's socialist political democracy has enabled the Chinese people, who account for one-fifth of the world's population, to become masters of their own country and society, and enjoy extensive democratic rights. This is a great contribution to the development of the political civilization of mankind. China's socialist political democracy accords with the national conditions, ensures that the people give full play to their enthusiasm, initiative and creativity in building and managing the state as masters of the country and society, and promotes China's economic development and social progress in an all-round way. Despite the tremendous achievements scored in building a socialist political democracy, the CPC and the Chinese people are clearly aware of the many problems yet to be overcome. The major ones include: The democratic system is not yet perfect; the people's right to manage state and social affairs, economic and cultural undertakings as masters of the country in a socialist market economy are not yet fully realized; laws that have already been enacted are sometimes not fully observed or enforced, and violations of the law sometimes go unpunished; bureaucracy and corruption still exist and spread in some departments and localities; the mechanism of restraint and supervision over the use of power needs further improvement; the concept of democracy and legal awareness of the whole society needs to be further enhanced; and the political participation of citizens in an orderly way should be expanded. There is still a long way to go in China's building of political democracy, which will be a historical process of continuous improvement and development. The history and reality of human political civilization have proved that there is no one single and absolute democratic mode in the world that is universally applicable. To say whether a political system is democratic or not, the key is to see whether the will of the overwhelming majority of the people is fully reflected, whether their rights as masters of the country are fully realized, and whether their legitimate rights and interests are fully guaranteed. The arduous explorations and struggles made by the Chinese people over the past 100 years and more in order to realize democracy, and especially China's success in building a socialist political democracy, have made the CPC and the Chinese people realize that China must base the building of political democracy on its reality, review its own experience gained in practice, treasure its own achievements, and learn from the experience and achievements of the political civilization of other countries. But, it must not copy any model of other countries. China's building of political democracy will abide by the following principles: Upholding the unity of the leadership of the CPC, the people being the masters of the country and ruling the country by law. Giving play to the characteristics and advantages of the socialist system. Being conducive to social stability, economic development and continuous improvement of the people's life. The CPC and the Chinese Government will firmly concentrate on economic construction, and make every effort to solidify the material and cultural foundations for continuously raising the level of socialist political democracy. Facilitating the safeguarding of national sovereignty, territorial integrity and State dignity. Being in accord with the objective law of progress step by step and in an orderly way. China's building of socialist democracy is a historical process with continuous progress in realizing the goal and enhancing the level of the people being the masters of the country. A complete model of democracy cannot be built overnight. The CPC and the Chinese people are unswervingly pressing ahead with an all-round and co-ordinated development of socialist material, political and cultural civilization and the building of a harmonious society, continuously studying new situations and new problems arising in the course of the building of political democracy, exploring and creating new mechanisms and new ways to ensure that the people become the masters of the country, and developing socialist political democracy under prescribed leadership, step by step and in an orderly way in line with the objective law of the development of socialist political democracy. The socialist system has been introduced and practiced in China for only a few decades, which is a short period compared with other social systems adopted in the history of mankind. To keep improving and developing socialist political democracy to enable the people to fully enjoy and exercise their rights as the masters of the country has always been the firm goal of all the endeavour of the CPC and the Chinese people. At present and for a period to come, the CPC and the Chinese Government will actively and steadily push forward the reform of the political system, stick to and improve the socialist democratic system, strengthen and improve the socialist legal system, reform and improve the methods of leadership and rule of the CPC, reform and improve the government's decision-making mechanism, promote the reform of the system of administrative management, boost the reform of the judicial system, deepen the reform of the cadre and personnel system, reinforce the restraint and supervision over power, strive to maintain social stability, and promote economic development and social progress in an all-round way. The immense achievements of the construction of the socialism with Chinese characteristics have made the CPC and the Chinese people full of confidence in the road of political development chosen by them-selves. Along with economic development and social progress, China's socialist political democracy will be further perfected, and with its great advantages and strong vitality, fully demonstrated. In the future, the Chinese people will surely enjoy more and more substantial fruits of their political civilization. (China Daily 10/20/2005 page5)
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