《中国宪法学 Chinese Constitutional Law》课程教学资源（学术文献）Toward a More Open China?

Chapter Two Toward a More Open China? Jamie P.Horsley The People's Republic of China has joined the international move- ment toward greater government transparency,including making government records and decision making more accessible to its citi- zens.While China is very much aware of and indeed has drawn les- sons from this international trend,the primary motivating force is domestic dynamics. Transparency in China is in a transitional phase.Like many countries,China has a long tradition of government secrecy.The incremental progress toward greater information openness over the past twenty-five years was not triggered by a particular national crisis or scandal,as happened in the United States and Eastern Europe, although most changes in China during the late I97os and early I98os might well be attributed to a desire to prevent any repeat of the decade of lawlessness and destruction called the Great Proletar- ian Cultural Revolution of 1966-76.Instead,the transition toward greater transparency appears to have grown out of the confluence of an "open village affairs"movement that arose in the early I98os, natural pressures from rapid economic development,momentum 54 FLORINI CH02indd 54 3/2071:21:13PM

The People’s Republic of China has joined the international move￾ment toward greater government transparency, including making government records and decision making more accessible to its citi￾zens.1 While China is very much aware of and indeed has drawn les￾sons from this international trend, the primary motivating force is domestic dynamics. Transparency in China is in a transitional phase. Like many countries, China has a long tradition of government secrecy. The incremental progress toward greater information openness over the past twenty-five years was not triggered by a particular national crisis or scandal, as happened in the United States and Eastern Europe, although most changes in China during the late 1970s and early 1980s might well be attributed to a desire to prevent any repeat of the decade of lawlessness and destruction called the Great Proletar￾ian Cultural Revolution of 1966–76. Instead, the transition toward greater transparency appears to have grown out of the confluence of an “open village affairs” movement that arose in the early 1980s, natural pressures from rapid economic development, momentum Chapter Two Toward a More Open China? Jamie P. Horsley 54 FLORINI CH 02.indd 54 3/2/07 1:21:13 PM

from the information technology revolution,and the demands of foreign trade and investment as reflected in China's 2ooI commit- ments to the World Trade Organization. China is planning for but does not yet have an information ac- cess law.General goals of greater governmental openness have been enunciated in national policy over more than a decade but have been carried out in a piecemeal fashion throughout the country.However, concepts such as the government's obligation to disclose informa- tion and the people's"right to know"are beginning to be translated into legal rights and obligations in experimental local legislation that should help institutionalize what the Chinese refer to as "open gov- ernment information." This chapter will discuss the development of open government information in China,as well as the prospects for further opening. Introduction to the Chinese Context China hosts the world's largest population,with approximately 1.3 bil- lion people living in an area slightly smaller than the United States. The People's Republic of China was founded on October I,1949,as a "dictatorship of the people"led by the Communist Party of China (the Party),which retains a monopoly on political power today. Following disastrous Party programs of collectivization and com- munization,and a chaotic decade of"Cultural Revolution"that left its economy and society in shambles,China adopted the "open door" policy in 1978 to increase foreign trade and selectively welcome for. eign investment in the formerly closed country.Since that time, market reforms have gradually replaced central planning,reducing the number and economic contribution of state-owned enterprises, increasingly supporting private enterprise,and lifting price controls on all but a handful of commodities.Today,some 6o percent of in- dustrial output is produced by nonstate enterprises,under what is termed a "socialist market economy."In 2002,the Party set a goal of turning China into a middle-income country with a"well off"popu- lation by 2020.Economic development remains the top priority. These reforms,which have made China's one of the fastest growing economies in the world,with a 9.8 percent rate of growth in 2005,have been accompanied by enormous social change.The TOWARD A MORE OPEN CHINA? 55 FLORINI CH02indd 55 3/2071:21:13PM

from the information technology revolution, and the demands of foreign trade and investment as reflected in China’s 2001 commit￾ments to the World Trade Organization. China is planning for but does not yet have an information ac￾cess law. General goals of greater governmental openness have been enunciated in national policy over more than a decade but have been carried out in a piecemeal fashion throughout the country. However, concepts such as the government’s obligation to disclose informa￾tion and the people’s “right to know” are beginning to be translated into legal rights and obligations in experimental local legislation that should help institutionalize what the Chinese refer to as “open gov￾ernment information.” This chapter will discuss the development of open government information in China, as well as the prospects for further opening. Introduction to the Chinese Context China hosts the world’s largest population, with approximately 1.3 bil￾lion people living in an area slightly smaller than the United States. The People’s Republic of China was founded on October 1, 1949, as a “dictatorship of the people” led by the Communist Party of China (the Party), which retains a monopoly on political power today. Following disastrous Party programs of collectivization and com￾munization, and a chaotic decade of “Cultural Revolution” that left its economy and society in shambles, China adopted the “open door” policy in 1978 to increase foreign trade and selectively welcome for￾eign investment in the formerly closed country. Since that time, market reforms have gradually replaced central planning, reducing the number and economic contribution of state-owned enterprises, increasingly supporting private enterprise, and lifting price controls on all but a handful of commodities. Today, some 60 percent of in￾dustrial output is produced by nonstate enterprises, under what is termed a “socialist market economy.” In 2002, the Party set a goal of turning China into a middle-income country with a “well off” popu￾lation by 2020. Economic development remains the top priority. These reforms, which have made China’s one of the fastest growing economies in the world, with a 9.8 percent rate of growth in 2005, have been accompanied by enormous social change. The toward a more open china? 55 FLORINI CH 02.indd 55 3/2/07 1:21:13 PM

"iron rice bowl"of guaranteed employment and related social bene- fits for urban residents has been replaced with a market economy in which they must find or make their own jobs.Farmers are increas- ingly leaving the land to seek opportunities in the cities.Personal freedoms have expanded with the widespread loosening of social controls.Change has been supported by establishment of a rather sophisticated body of law adapted in many cases from successful models of other countries,although enforcement of these new laws remains problematic.Concepts of private property rights have grad- ually taken hold and were recognized in an amendment to China's constitution in March 2004.An accompanying amendment for the first time enshrined the notion of respecting and protecting human rights in China. While economic growth has lifted hundreds of millions of Chi- nese out of poverty over the past few decades,this has occurred pri- marily in the industrial eastern part of the country.The government admits there are at least 85 million rural residents who live on less than US$75 per year and cannot afford quality food,education,and health care.Pressing problems such as sharp rural-urban and re- gional disparities,environmental degradation,and rampant corrup- tion,which estimates value at some 3-5 percent of GDP,2 are giving rise to increasing social unrest.Concern over instability prompted the current leadership to focus on better-balanced and sustainable development rather than growth for its own sake,as well as on new mechanisms to help better manage change. Amid all this change,political reform has been modest.The Party,comprised of some 65 million members,or about 5 percent of the population,seeks to maintain tight control over policy formula- tion and implementation,and Party functionaries often concurrently hold government positions,creating what is commonly referred to as the Chinese "Party-state." Under China's constitution,all power belongs to the people,and state power is exercised by them through the National People's Con- gress(NPC)and local people's congresses at the provincial,county, and township levels.The State Council,China's Cabinet appointed by the NPC,is the highest executive body,overseeing the central ministries and the work of local governments.The people's courts, also answerable to the NPC,are part of the administrative structure. The standing committees of the congresses,not the courts at the 56 PART ONE:NATIONAL STORIES FLORINI CH02indd 56 3/2071:21:13PM

56 part one: national stories “iron rice bowl” of guaranteed employment and related social bene￾fits for urban residents has been replaced with a market economy in which they must find or make their own jobs. Farmers are increas￾ingly leaving the land to seek opportunities in the cities. Personal freedoms have expanded with the widespread loosening of social controls. Change has been supported by establishment of a rather sophisticated body of law adapted in many cases from successful models of other countries, although enforcement of these new laws remains problematic. Concepts of private property rights have grad￾ually taken hold and were recognized in an amendment to China’s constitution in March 2004. An accompanying amendment for the first time enshrined the notion of respecting and protecting human rights in China. While economic growth has lifted hundreds of millions of Chi￾nese out of poverty over the past few decades, this has occurred pri￾marily in the industrial eastern part of the country. The government admits there are at least 85 million rural residents who live on less than US$75 per year and cannot afford quality food, education, and health care. Pressing problems such as sharp rural-urban and re￾gional disparities, environmental degradation, and rampant corrup￾tion, which estimates value at some 3–5 percent of GDP,2 are giving rise to increasing social unrest. Concern over instability prompted the current leadership to focus on better-balanced and sustainable development rather than growth for its own sake, as well as on new mechanisms to help better manage change. Amid all this change, political reform has been modest. The Party, comprised of some 65 million members, or about 5 percent of the population, seeks to maintain tight control over policy formula￾tion and implementation, and Party functionaries often concurrently hold government positions, creating what is commonly referred to as the Chinese “Party-state.” Under China’s constitution, all power belongs to the people, and state power is exercised by them through the National People’s Con￾gress (NPC) and local people’s congresses at the provincial, county, and township levels. The State Council, China’s Cabinet appointed by the NPC, is the highest executive body, overseeing the central ministries and the work of local governments. The people’s courts, also answerable to the NPC, are part of the administrative structure. The standing committees of the congresses, not the courts at the FLORINI CH 02.indd 56 3/2/07 1:21:13 PM

same level,interpret the national or local laws,for example.The constitution further specifies that the Communist Party of China is the sole political party in power.Other political parties and nongov- ernmental or civic groups and associations are tightly regulated and subject to official approval and registration. The current constitutional structure provides for a four-tiered system of direct elections for deputies to people's congresses at the township and county levels,and indirect elections for the provincial and national people's congresses.The congresses at each level,rather than the populace at large,elect the government and judicial officials at the same level.Slates of candidates at all stages and all levels are largely controlled by the Party.The system as designed,lacking truly open,competitive,and direct elections,fosters vertical patron-client relations between the Party leaders at higher levels,who recommend the candidates for lower-level Party,congressional,government,and judicial positions,and horizontal accountability between local gov- ernment and judicial officials on the one hand and the congress and Party organization at the same level that actually elected them on the other.Consequently,congressional deputies and government of ficials have felt little sense of accountability to the people they os- tensibly represent,and the Chinese people have traditionally known little about their representatives and the matters they are handling, even though China's constitution calls on the people to "supervise" government work. Change is occurring,however.Since the early Ig8os,the Party has endorsed direct,competitive,and nonpartisan elections at the most local level of governance:in China's 660,ooo villages,where some 7oo million rural citizens live.While the Party recognizes that electing leaders at a very local level can foster greater trust and sta- bility,it is hesitant to introduce that practice at higher,more formal political levels,where candidates are less well known,issues become more complex,and voters are more likely to organize around differ- ent issues,building pressure to permit competing political parties to represent their interests.Stimulated by successful experience with the village election model,however,the Party is permitting limited experiments with more competitive(but nonpartisan)congressional and direct governmental elections at the township and county lev- els,as well as promoting directly elected urban community coun- cils.Elections within the Party itself are becoming more open and TOWARD A MORE OPEN CHINA? 57 FLORINI CH02indd 57 3/2071:21:13PM

toward a more open china? 57 same level, interpret the national or local laws, for example. The constitution further specifies that the Communist Party of China is the sole political party in power. Other political parties and nongov￾ernmental or civic groups and associations are tightly regulated and subject to official approval and registration. The current constitutional structure provides for a four-tiered system of direct elections for deputies to people’s congresses at the township and county levels, and indirect elections for the provincial and national people’s congresses. The congresses at each level, rather than the populace at large, elect the government and judicial officials at the same level. Slates of candidates at all stages and all levels are largely controlled by the Party. The system as designed, lacking truly open, competitive, and direct elections, fosters vertical patron-client relations between the Party leaders at higher levels, who recommend the candidates for lower-level Party, congressional, government, and judicial positions, and horizontal accountability between local gov￾ernment and judicial officials on the one hand and the congress and Party organization at the same level that actually elected them on the other. Consequently, congressional deputies and government of￾ficials have felt little sense of accountability to the people they os￾tensibly represent, and the Chinese people have traditionally known little about their representatives and the matters they are handling, even though China’s constitution calls on the people to “supervise” government work. Change is occurring, however. Since the early 1980s, the Party has endorsed direct, competitive, and nonpartisan elections at the most local level of governance: in China’s 660,000 villages, where some 700 million rural citizens live. While the Party recognizes that electing leaders at a very local level can foster greater trust and sta￾bility, it is hesitant to introduce that practice at higher, more formal political levels, where candidates are less well known, issues become more complex, and voters are more likely to organize around differ￾ent issues, building pressure to permit competing political parties to represent their interests. Stimulated by successful experience with the village election model, however, the Party is permitting limited experiments with more competitive (but nonpartisan) congressional and direct governmental elections at the township and county lev￾els, as well as promoting directly elected urban community coun￾cils. Elections within the Party itself are becoming more open and FLORINI CH 02.indd 57 3/2/07 1:21:13 PM

competitive.Party policy purportedly supports the strengthening of what it refers to as "socialist democracy,"to better allow the people to make their will known and to supervise government-all under the leadership of the Party,however. What explains these changes?To oversimplify,the Party leader- ship seems to recognize that,in order to maintain the Party's legiti- macy,curb corruption,and address the complex issues of governance amid rapid development,the traditional model of governance must be adjusted.China's leaders acknowledge that a modernizing China requires a government that is efficient,law-abiding,and relatively open,one that facilitates,rather than controls,social and economic development and enjoys the trust of the people.To this end,the cur- rent leadership seeks to foster what the Party calls "political civiliza- tion,"which encompasses development of the "rule of law"and of certain more democratic mechanisms to implement the constitu- tional right and duty of Chinese citizens to serve as"masters of their country"and "supervise"government.Such mechanisms include, importantly,greater access to government information Development of Government Transparency in China From the Countryside to the City The current emphasis within the Party and government on greater openness of information and of government affairs generally trac- es its origins to the collectivization and commune ideology of the Party,with its legacy of farmer participation at the commune(now the village)level and expectations of transparency,especially in local finances.3 This tradition helped shape the more recent development of directly elected and selfgoverning villager committees and the related“open village affairs”program. Villagers spontaneously organized the first largely autonomous villager committees in I98o to manage communal properties and agricultural production.s The dismantling of the rural communes following the Cultural Revolution (1966-76)left a vacuum in po- litical,production,and community organization in China's vast and impoverished countryside below the township level,as well as a leg- acy of mistrust between farmers and Party cadres.Party leaders sup- 58 PART ONE:NATIONAL STORIES FLORINI CH02indd 58 3/2071:21:14PM

58 part one: national stories competitive. Party policy purportedly supports the strengthening of what it refers to as “socialist democracy,” to better allow the people to make their will known and to supervise government—all under the leadership of the Party, however. What explains these changes? To oversimplify, the Party leader￾ship seems to recognize that, in order to maintain the Party’s legiti￾macy, curb corruption, and address the complex issues of governance amid rapid development, the traditional model of governance must be adjusted. China’s leaders acknowledge that a modernizing China requires a government that is efficient, law-abiding, and relatively open, one that facilitates, rather than controls, social and economic development and enjoys the trust of the people. To this end, the cur￾rent leadership seeks to foster what the Party calls “political civiliza￾tion,” which encompasses development of the “rule of law” and of certain more democratic mechanisms to implement the constitu￾tional right and duty of Chinese citizens to serve as “masters of their country” and “supervise” government. Such mechanisms include, importantly, greater access to government information. Development of Government Transparency in China From the Countryside to the City The current emphasis within the Party and government on greater openness of information and of government affairs generally trac￾es its origins to the collectivization and commune ideology of the Party, with its legacy of farmer participation at the commune (now the village) level and expectations of transparency, especially in local finances.3 This tradition helped shape the more recent development of directly elected and self-governing villager committees and the related “open village affairs” program.4 Villagers spontaneously organized the first largely autonomous villager committees in 1980 to manage communal properties and agricultural production.5 The dismantling of the rural communes following the Cultural Revolution (1966–76) left a vacuum in po￾litical, production, and community organization in China’s vast and impoverished countryside below the township level, as well as a leg￾acy of mistrust between farmers and Party cadres. Party leaders sup￾FLORINI CH 02.indd 58 3/2/07 1:21:14 PM