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

ported the advent of directly elected villager committees,hoping the system would promote stability and economic prosperity by allowing the people to choose leaders they trusted,by making those leaders directly accountable to their constituents,and by implementing a system of open village affairs,which emphasized financial disclo- sure on the part of the elected village leaders. Despite unevenness of implementation,the village open affairs and self-governance program was very popular among the people and higher-level officials where it was implemented well.By the late 199os,the"open village affairs"program was evolving into a broader "open government affairs"movement that was promoted in top-level Party and government policy documents.6 The adoption by the NPC in November 1998 of the permanent Organic Law on Villagers'Committees(the VC Law)?marked a sig- nificant advance in the institutionalization of more open governance at the village level.The VC Law requires directly elected villagers committees(VCs)to implement the"four democracies":direct demo- cratic election of VC members,democratic decision making through the villager assemblies comprised of all eligible voters,democratic management by the VCs,and democratic supervision by the villag- ers under new systems of "openness in village affairs."VCs must publish financial information,in particular,at least once every six months and guarantee the truthfulness of the information disclosed, as well as respond to inquiries from the villagers.Villagers refer to this disclosure system as the"Sunshine Project." In a March 1999 speech on villager self-rule,a vice premier de- scribed a growing rural concept of a"right to information"tied to economic development:"Following the deepening of rural reform and development of the market economy,farmers'thinking,con- cepts,and value orientation have undergone profound changes.Their sense of democracy and their sense of participating in the manage ment of economic and social affairs have constantly increased.And more and more they want to have the right to information,dialogue, and decision-making.They long for direct participation in making decisions on major affairs in the village and the management of vil- lage affairs."9 Meanwhile,in the cities,urbanites were increasingly leaving the "iron rice bowl"of guaranteed employment by the government or state-owned enterprises and institutions,which had included em- TOWARD A MORE OPEN CHINA? 59 FLORINI CH02indd 59 3/2071:21:14PM

toward a more open china? 59 ported the advent of directly elected villager committees, hoping the system would promote stability and economic prosperity by allowing the people to choose leaders they trusted, by making those leaders directly accountable to their constituents, and by implementing a system of open village affairs, which emphasized financial disclo￾sure on the part of the elected village leaders. Despite unevenness of implementation, the village open affairs and self-governance program was very popular among the people and higher-level officials where it was implemented well. By the late 1990s, the “open village affairs” program was evolving into a broader “open government affairs” movement that was promoted in top-level Party and government policy documents.6 The adoption by the NPC in November 1998 of the permanent Organic Law on Villagers’ Committees (the VC Law)7 marked a sig￾nificant advance in the institutionalization of more open governance at the village level. The VC Law requires directly elected villagers’ committees (VCs) to implement the “four democracies”: direct demo￾cratic election of VC members, democratic decision making through the villager assemblies comprised of all eligible voters, democratic management by the VCs, and democratic supervision by the villag￾ers under new systems of “openness in village affairs.” VCs must publish financial information, in particular, at least once every six months and guarantee the truthfulness of the information disclosed, as well as respond to inquiries from the villagers. Villagers refer to this disclosure system as the “Sunshine Project.”8 In a March 1999 speech on villager self-rule, a vice premier de￾scribed a growing rural concept of a “right to information” tied to economic development: “Following the deepening of rural reform and development of the market economy, farmers’ thinking, con￾cepts, and value orientation have undergone profound changes. Their sense of democracy and their sense of participating in the manage￾ment of economic and social affairs have constantly increased. And more and more they want to have the right to information, dialogue, and decision-making. They long for direct participation in making decisions on major affairs in the village and the management of vil￾lage affairs.”9 Meanwhile, in the cities, urbanites were increasingly leaving the “iron rice bowl” of guaranteed employment by the government or state-owned enterprises and institutions, which had included em￾FLORINI CH 02.indd 59 3/2/07 1:21:14 PM

ployer-provided housing,schooling,medical treatment,and retire. ment benefits,to pursue entrepreneurship or work for the emerg- ing private sector.As their numbers swelled,and as concepts of property rights developed with the advent of private housing and business ownership,the demand for greater information relating to business and the economy as well as social services grew.Residents and businesses,for example,needed information on urban develop- ment plans in order to make decisions about where to invest in a new home or office building.10 The development of China's stock markets prompted the establishment of new information disclosure standards systems to promote greater corporate transparency. In the year 2o00,a detailed joint Party and State Council notice12 officially extended the open affairs program from the village to the township,which is the most basic level of formal government in China.The notice emphasized publicizing all financial affairs and making it "convenient"for the people to supervise the work of town- ship governments by providing more information and involving the people more in decision-making.Townships were instructed to set up public bulletin boards,much as was the practice in villages,and adopt other means to regularly communicate with the public.The notice further instructed the higher-level county governments to pre- pare for instituting"open government affairs"programs.By 2003, even the higher-level municipal governments were directed to imple- ment systems of open government affairs.13 Technological Stimulus While the substantive notions of government transparency were beginning to spread throughout the Chinese government,Chinese universities and agencies were constructing a technical platform that would support and further promote this transformation.In the early Io8os,the Chinese government took the first steps to use new information technologies such as computers and the Internet to make information more accessible throughout government itself, to strengthen the capacity to share information in support of gov- ernment-directed industrialization and economic development, and to make government more efficient.In December 1999,the Party established a Leading Group on National Informatization to 60 PART ONE:NATIONAL STORIES FLORINI CH02.indd 60 3/2071:21:14PM

60 part one: national stories ployer-provided housing, schooling, medical treatment, and retire￾ment benefits, to pursue entrepreneurship or work for the emerg￾ing private sector. As their numbers swelled, and as concepts of property rights developed with the advent of private housing and business ownership, the demand for greater information relating to business and the economy as well as social services grew. Residents and businesses, for example, needed information on urban develop￾ment plans in order to make decisions about where to invest in a new home or office building.10 The development of China’s stock markets prompted the establishment of new information disclosure standards systems to promote greater corporate transparency.11 In the year 2000, a detailed joint Party and State Council notice12 officially extended the open affairs program from the village to the township, which is the most basic level of formal government in China. The notice emphasized publicizing all financial affairs and making it “convenient” for the people to supervise the work of town￾ship governments by providing more information and involving the people more in decision-making. Townships were instructed to set up public bulletin boards, much as was the practice in villages, and adopt other means to regularly communicate with the public. The notice further instructed the higher-level county governments to pre￾pare for instituting “open government affairs” programs. By 2003, even the higher-level municipal governments were directed to imple￾ment systems of open government affairs.13 Technological Stimulus While the substantive notions of government transparency were beginning to spread throughout the Chinese government, Chinese universities and agencies were constructing a technical platform that would support and further promote this transformation. In the early 1980s, the Chinese government took the first steps to use new information technologies such as computers and the Internet to make information more accessible throughout government itself, to strengthen the capacity to share information in support of gov￾ernment-directed industrialization and economic development, and to make government more efficient. In December 1999, the Party established a Leading Group on National Informatization to FLORINI CH 02.indd 60 3/2/07 1:21:14 PM

set policy in this area.A State Council Information Office was sub- sequently set up to carry out "informatization"policies,and it was decided to develop a government"Intranet"to build a database and share information. The initial emphasis of China's "E-government"program was on internal sharing of information among different agencies and vertically from the center to the localities to facilitate all kinds of government services and functions,including tax collection,foreign trade,and technological development,rather than providing greater information to the Chinese public.Through linking of databases,for example,tax authorities discovered that many companies that were registered with the industrial and commercial bureau had not reg- istered with them to pay corporate income tax.As the information database grew and technology advanced,this program established the technical platform for and a new norm of sharing more and more information.Central and local government agencies began making an ever-increasing amount of information about government func- tions and activities available and providing administrative services to the public over the Web.These new practices and changing attitudes toward the utility of a freer information flow spurred development of “open government affairs”programs.s The rapid spread of Internet use,buttressed by the prolifera- tion of Internet cafes for those without access to their own personal computers,extended the information revolution more and more to the ordinary citizen.As of mid-2006,roughly 13o million Chinese, or about ro percent of the population,were using the Internet'6 to access all kinds of information,including some held by their gov- ernment.Technology is clearly playing a large role in promoting the greater sharing of information in all sectors of government and so- ciety in China today. WTO Commitments China's accession agreements with the World Trade Organization (WTO)in December zooI added impetus to the movement toward greater openness by requiring the country,as part of an international commitment with other member countries,to make trade-related rules and requirements transparent.China agreed to only enforce TOWARD A MORE OPEN CHINA? 61 FLORINI CH02indd 61 3/2071:21:14PM

toward a more open china? 61 set policy in this area. A State Council Information Office was sub￾sequently set up to carry out “informatization” policies, and it was decided to develop a government “Intranet” to build a database and share information. The initial emphasis of China’s “E-government” program was on internal sharing of information among different agencies and vertically from the center to the localities to facilitate all kinds of government services and functions, including tax collection, foreign trade, and technological development, rather than providing greater information to the Chinese public. Through linking of databases, for example, tax authorities discovered that many companies that were registered with the industrial and commercial bureau had not reg￾istered with them to pay corporate income tax.14 As the information database grew and technology advanced, this program established the technical platform for and a new norm of sharing more and more information. Central and local government agencies began making an ever-increasing amount of information about government func￾tions and activities available and providing administrative services to the public over the Web. These new practices and changing attitudes toward the utility of a freer information flow spurred development of “open government affairs” programs.15 The rapid spread of Internet use, buttressed by the prolifera￾tion of Internet cafés for those without access to their own personal computers, extended the information revolution more and more to the ordinary citizen. As of mid-2006, roughly 130 million Chinese, or about 10 percent of the population, were using the Internet16 to access all kinds of information, including some held by their gov￾ernment. Technology is clearly playing a large role in promoting the greater sharing of information in all sectors of government and so￾ciety in China today. WTO Commitments China’s accession agreements with the World Trade Organization (WTO) in December 2001 added impetus to the movement toward greater openness by requiring the country, as part of an international commitment with other member countries, to make trade-related rules and requirements transparent. China agreed to only enforce FLORINI CH 02.indd 61 3/2/07 1:21:14 PM

those laws,regulations,and other measures that have been published and are widely available;make those measures available to WTO members before they are enforced,absent emergency conditions; designate an official journal for the publication of relevant legal and policy documents;provide an opportunity to comment before mea- sures are implemented;and establish one or more inquiry points where requesters can obtain information within thirty to forty-five days.Standard WTO rules do not generally require that its members establish inquiry points or provide a public comment period before a trade measure can be implemented.These commitments were spe- cifically negotiated with China in order to compel changes in China's underlying legal system to facilitate greater transparency.17 China's leaders at all levels take these accession agreements seri- ously,conscious also that review mechanisms have been established under the WTO to monitor China's compliance.They have orga- nized extensive training sessions throughout the country and study tours abroad to investigate means of implementing government transparency.WTO transparency obligations are constantly cited by Chinese reformers in support of efforts to promote greater infor- mation disclosure and open government.Implementation of these commitments is less than perfect,s but transparency at all levels of Chinese government is improving. LEADERSHIP SUPPORT Although the drive for greater transparency,especially in financial matters,most notably derived from China's farmers,they do not appear to have lobbied for change in any organized or well-artic. ulated manner.Indeed,Chinese law and policy prohibit citizens from forming issue-oriented associations without official approval and do not provide clear channels for input into the policy process. The Chinese experience differs,then,from that of diverse countries like India,Peru,and Romania,where grassroots activism played an important and public role in bringing about access to information legislation.19 Although social organizations,including business as- sociations and consumer and environmental groups,may well be engaged in pressing for more openness,information on any such activities is not readily available.Instead,it appears that China's 62 PART ONE:NATIONAL STORIES FLORINI CH02.indd 62 3/2071:21:15PM

62 part one: national stories those laws, regulations, and other measures that have been published and are widely available; make those measures available to WTO members before they are enforced, absent emergency conditions; designate an official journal for the publication of relevant legal and policy documents; provide an opportunity to comment before mea￾sures are implemented; and establish one or more inquiry points where requesters can obtain information within thirty to forty-five days. Standard WTO rules do not generally require that its members establish inquiry points or provide a public comment period before a trade measure can be implemented. These commitments were spe￾cifically negotiated with China in order to compel changes in China’s underlying legal system to facilitate greater transparency.17 China’s leaders at all levels take these accession agreements seri￾ously, conscious also that review mechanisms have been established under the WTO to monitor China’s compliance. They have orga￾nized extensive training sessions throughout the country and study tours abroad to investigate means of implementing government transparency. WTO transparency obligations are constantly cited by Chinese reformers in support of efforts to promote greater infor￾mation disclosure and open government. Implementation of these commitments is less than perfect,18 but transparency at all levels of Chinese government is improving. leadership support Although the drive for greater transparency, especially in financial matters, most notably derived from China’s farmers, they do not appear to have lobbied for change in any organized or well-artic￾ulated manner. Indeed, Chinese law and policy prohibit citizens from forming issue-oriented associations without official approval and do not provide clear channels for input into the policy process. The Chinese experience differs, then, from that of diverse countries like India, Peru, and Romania, where grassroots activism played an important and public role in bringing about access to information legislation.19 Although social organizations, including business as￾sociations and consumer and environmental groups, may well be engaged in pressing for more openness, information on any such activities is not readily available. Instead, it appears that China’s FLORINI CH 02.indd 62 3/2/07 1:21:15 PM

academic and political leadership at various levels has spearheaded the movement for greater information openness in and beyond China's villages. As gleaned from Party and government policy statements and academic writings,the leadership's motivation to move toward greater openness turned on a combination of pragmatic goals: to involve a wider spectrum of the public in making increasingly complex policy decisions and laws to support China's drive for eco- nomic development,to curb rampant corruption with its negative economic and social consequences,to establish new mechanisms to ensure social stability and build trust in government,and to com- ply with China's transparency commitments in its zooI WTO ac- cession agreements. The leader most associated with China's modern economic re- form process,Deng Xiaoping,as early as 1984 endorsed the develop- ment of information resources to serve modernization.20 His vision and support boosted China's embrace of information technology. "Informatization,"the technological side of open information,is now a strategic priority in China's Tenth Five-Year Economic Plan (2002-07)and is recognized as key to achieving modernization. Deng's successor,Jiang Zemin,developed leadership support of the "open government affairs"program,first introducing the con- cept officially in his report to the Isth National Party Congress in 1997.21 He subsequently stressed the need to "keep the people in- formed"and strengthen "openness in government,factory and vil- lage affairs,"as well as "citizens'participation in political affairs in an orderly manner,"in his report to the 16th National Party Con- gress in November 2002.2 Jiang and the Party thus set the necessary policy framework for greater access to government information and decision-making processes.State Council Premier Wen Jiabao,who is responsible for carrying out Party policy through government ac. tion,then called specifically,in his government work report to the annual meeting of the National People's Congress (NPC)in March 2004,to establish a system of "open government information"and to increase transparency of government work,in order to keep the people informed so they can exercise supervision over government work.2 Thus,by the spring of 2004.China's government leaders were talking explicitly about the importance of institutionalizing open government information (OGI). TOWARD A MORE OPEN CHINA? 63 FLORINI CH02indd 63 3/2071:21:15PM

toward a more open china? 63 academic and political leadership at various levels has spearheaded the movement for greater information openness in and beyond China’s villages. As gleaned from Party and government policy statements and academic writings, the leadership’s motivation to move toward greater openness turned on a combination of pragmatic goals: to involve a wider spectrum of the public in making increasingly complex policy decisions and laws to support China’s drive for eco￾nomic development, to curb rampant corruption with its negative economic and social consequences, to establish new mechanisms to ensure social stability and build trust in government, and to com￾ply with China’s transparency commitments in its 2001 WTO ac￾cession agreements. The leader most associated with China’s modern economic re￾form process, Deng Xiaoping, as early as 1984 endorsed the develop￾ment of information resources to serve modernization.20 His vision and support boosted China’s embrace of information technology. “Informatization,” the technological side of open information, is now a strategic priority in China’s Tenth Five-Year Economic Plan (2002–07) and is recognized as key to achieving modernization. Deng’s successor, Jiang Zemin, developed leadership support of the “open government affairs” program, first introducing the con￾cept officially in his report to the 15th National Party Congress in 1997.21 He subsequently stressed the need to “keep the people in￾formed” and strengthen “openness in government, factory and vil￾lage affairs,” as well as “citizens’ participation in political affairs in an orderly manner,” in his report to the 16th National Party Con￾gress in November 2002.22 Jiang and the Party thus set the necessary policy framework for greater access to government information and decision-making processes. State Council Premier Wen Jiabao, who is responsible for carrying out Party policy through government ac￾tion, then called specifically, in his government work report to the annual meeting of the National People’s Congress (NPC) in March 2004, to establish a system of “open government information” and to increase transparency of government work, in order to keep the people informed so they can exercise supervision over government work.23 Thus, by the spring of 2004, China’s government leaders were talking explicitly about the importance of institutionalizing open government information (OGI). FLORINI CH 02.indd 63 3/2/07 1:21:15 PM