The letters and visits system is a kind of system for human rights protection with Chinese characteristics. The system has made tremendous achievements in promoting and safeguarding human rights and accumulated rich experience in the protection of human rights. In the future, it will continuously play a unique role in China’s human rights protection.

 

 

Since the United Nations General Assembly passed the Universal Declaration of Human Rights in 1948, the protection of human rights has moved into the fast lane globally. As a significant achievement that China has made in its practice of human rights protection, the letters and visits system plays an irreplaceable role in China’s system of human rights protection.

 

First, the letters and visits system is an important embodiment of China’s active effort to fulfill its international commitments on human rights protection. In 1998, China officially joined the International Covenant on Civil and Political Rights, which is considered a fundamental human rights multilateral treaty aiming to secure the fulfillment of the Universal Declaration of Human Rights. Article 19 of the Covenant stipulates that “everyone shall have the right to freedom of expression.” According to Article 2 of China’s Regulations on Letters and Visits enacted in 2005, the term “letters and visits” in these Regulations means that citizens, legal persons or other organizations give information, make comments or suggestions, or lodge complaints to the people’s governments at all levels and relevant departments of the people’s governments at or above the county level through correspondence, e-mails, faxes, phone calls, visits, and so on, which are dealt with by the relevant administrative departments according to law. China’s letters and visits system just reflects the spirit and contents of the International Covenant on Civil and Political Rights and has become an effective way that China has designed on the basis of its national conditions to fulfill its international commitments to human rights protection.[page]

 

Second, the rights to letter-writing and visiting directly reflect the basic rights of Chinese citizens. According to Article 41 of the Chinese Constitution, “Citizens of the People’s Republic of China have the right to criticize and make suggestions to any state organ or functionary.” In addition, Article 2 of the Regulations on Letters and Visits stipulates that citizens, legal persons or other organizations have the right to “make comments or suggestions or lodge complaints.” Therefore, the rights to letter-writing and visiting just reflect Chinese citizens’ basic legitimate rights in the letters and visits system.

 

Finally, the letters and visits system is an important guarantee for human rights and humanitarian relief. As a citizen-oriented relief approach, the letters and visits system collaborates with judicial relief led by state public power to ensure timely, effective relief for human rights once they are violated. Judicial relief is a top-down method, and its advantage lies in authority backed by public power. However, legal proceedings may expend large amounts of manpower and resources that are beyond the affordability of ordinary people. Meanwhile, the lawsuit process is usually lengthy, so that the party whose rights are infringed upon often cannot get immediate, effective relief. In this context, the existence of the letters and visits system is particularly necessary. Compared with judicial relief, letters and visits represent a bottom-up relief approach featuring remarkable convenience and low cost. Moreover, the people whose rights are violated usually occupy a comparatively dominant position in the process, so they can control the progress of relief proceedings and their requests and petitions can be responded to and addressed more quickly and effectively.[page]

 

 

A. Formulating Laws and Regulations on Letters and Visits and Accelerating the Legalization of Human Rights Protection

 

To make a system work, it must not lack constraint and restriction by laws and regulations. In the past few years, China’s letters and visits system has constantly marched toward legalization.

 

In 1957, the First National Conference on Letters and Visits Work passed the Interim Measures for Responding to People’s Letters and the Handling of People’s Visits by CPC Committees at All Levels and the Instruction on Enhancing the Response to People’s Letters and Handling People’s Visits (draft). This was the first time for China to confirm that letters and visits are democratic rights of citizens. In 1995, the State Council enacted the Regulations on Letters and Visits, symbolizing that the nation’s human rights protection was on the path toward legalization and institutionalization. After it was amended in 2005, the new Regulations on Letters and Visits better reflected the principles of human rights protection. To date, China has formulated and enacted more than 2,000 regulation documents, forming a scientific, strict and coordinated normative system that covers all aspects and links related letters and visits. The issue of letters and visits has been given high legal status so as to provide better legal guarantees for citizens seeking relief through letters and visits.[page]

 

B. Expanding the Scope of Letters and Visits and Diversifying Human Rights Under Protection

 

In the 1950s, when the letters and visits system was first established, most letters and visits were undertaken to provide opinions and suggestions regarding issues like revolution, reform, and class conflict. In a report on handling letters from the people between January and March 1951, the General Office of the CPC Central Committee said, “most of these letters are related to problems concerning the Korean War, land reform, and crackdown on counter-revolutionaries.”1After the “Cultural Revolution,” letters and visits began to concentrate on redressing injustice and policy implementation. Since the 1990s, “the economic structure has been deeply reformed, the social structure has tremendously changed, interest patterns havebeen radically adjusted, and people’s minds have substantially innovated.”2 This is not only a period full of development opportunities, but also a time with sprouting problems.3 During this period, the arm of letters and visits has reached various aspects of society, including corporate restructuring, labor and social security, issues concerning agriculture, countryside and farmers, lawsuit-related issues, demolition and relocation of urban residences, environmental pollution, corruption, and officials violating law and discipline. The Regulations on Letters and Visits stipulate that letter-writers or visitors can criticize and present comments and suggestions regarding theduty-relatedbehavior and other relevant behavior of state organs and their staff members, whether such behavior is legal or not. Letters andvisit matters involve extensive social relations and interests, and have reached an unprecedented height in the scope of rights relief functions and the diversity of human rights under protection.[page]

 

C. Innovating Letters and Visits Mechanisms and Forming a Great Pattern of Letters and Visits Management

 

In order to strengthen its capacity for rights relief, better perform its duties in human rights protection, and enhance the efficiency and effect of letters and visits management, China has increasingly improved the letters and visits system by establishing joint conference mechanismsin the central government and local governments at all levels in order to address letters and visits matters and mass disturbances,So far, governments at various levels have formed responsibility systems in which principal leaders personally supervise the work regarding letters and visits. The leaders in charge areresponsiblefordetailed work, and other leaders also take responsibility for the matter of letters and visits while performing their job duties. In light of the principles of “territorial jurisdiction, responsibilities assumed at different levels, the department in charge being the department responsible,” letters and visits departments at various levels collaborate with each other while performing their respective duties. Together, they have formed a work pattern for letters and visits characterized by unified leadership, coordination among different departments, overall planning and all-round consideration, seeking both temporary and permanent solutions, each assuming its own responsibilities and joining efforts with others to achieve the common goal. Now all people around the nation work together to improve the work regarding letters and visits.4[page]

 

D. Attaching Great Importance to Hot Human Rights Issues and Continuously Making Breakthroughs in Human Rights Protection

 

For a long time, letters and visits workers have paid great attention to hot issues and big challenges regarding human rights. The people present suggestions or lodge complaints directly through letters and visits, and then the departments of letters and visits contact the stakeholders involved. In this way, China has realized remarkable achievements in human rights protection. For instance, the migrant workers’ wage issue has been improved in recent years, which can be largely attributed to the letters and visits system. The departments of letters and visits have set up special offices to solve problems related to unpaid wages, coordinate migrant workers and their employers to settle disputes through negotiations, or file cases with arbitration organizations or courts and offer assistance in the enforcement of judgments, so as to safeguard migrant workers’ interests throughout the process. In 2012, the ratio of unpaid migrant workers from rural areas dropped to 0.5 percent from 4.1 percentin 2008.5 Statistics in recent years show that the ratio of unpaid migrant workers has dropped with each passing year, testifying to the noteworthy results of a series of policies and measures that letters and visits departments have taken to solve and prevent the problem of unpaid wages of migrant workers.

 

 

A. Increasingly Improving Legislation on Letters and Visits to Ensure the Protection of Human Rights Through Letters and Visits Has Applicable Laws and Is Implemented by Law

 

Running the country by law is one of China’s basic strategies. The legalization of letters and visits is not only an integral part of the strategy of running the country by law, but also a significantprerequisite for sound, sustainable development of the letters and visits system. Moreover, it serves as an important guarantee for the effective protection of human rights through the work regarding letters and visits. Upon an analysis of the legislative process of the letters and visits system, it is not hard to see that the legislative process is characterized by diverse connotations, clear division of functions, and specified responsibilities. In terms of connotations, it has incorporated more rational requests of the people into the work regarding letters and visits in accordance with China’s social advancement and specific conditions. In terms of functional divisions, it clarifies the power and duties of governing departments at various levels, so as to avoid “passing the buck” between different departments and guarantee the efficient, orderly operation of the letters and visits system. In terms of responsibilities, it specifies the respective responsibilities of letters and visits departments at all levels and tightensaccountability, thus enhancing the supervision of letters and visits departments and their staff members. [page]

 

B. Actively Building the Letters and Visits Network to Ensure that People Can Present Suggestions or Lodge Complaints Easily and Conveniently

 

Along with the acceleration of social transformation and the sharpening of interest conflicts, the demand for letters and visits has also seen increasing growth. The central government of China has attached great importance to this issue, while letters and visits departments of local governments at various levels actively cooperate with each other. In this case, a letters and visits operational network that links both central and local governments and involves the people’s congress and all other state organs has been formed in China. This network with great depth and breadth, on the one hand, enhances the unified leadership and overall consideration of the work regarding letters and visits, and， on the other hand, facilitates letterwriters and visitors in presenting suggestions or lodging complaints, and enables community-level letters and visits departments to get access to information regarding letterwriters and visitors promptly and effectively so as to solve problems before they go beyond the regions to which they belong. The institutional setting is based on the people-first principle, and letters and visits departments have constantly improved and reformed channels for letterwriting and visiting. In addition to traditional channels like correspondence and visits, modern IT-based means, such as e-mail, fax, and video conferencing, enable people to present suggestions and lodge complaints without the need to leave home, thus enhancing the accessibility of letters and visits departments, cutting the cost of letterwriting and visiting, and reducing the workload of letters and visits departments. Such an organizational structure and diverse, flexible means have ensured that letterwriters and visitors can get access to letters and visits departments and express their requests more easily and conveniently.[page]

 

C. Accelerating the Implementation of the Human Rights Action Plan to Promote the Development of China’s Human Rights Protection

 

To better perform its commitments to the international human rights treaties of which China is a signatory and further promote the sound development of human rights protection in the country, in 2009, the State Council issued the National Human Rights Action Plan (2009-2010), the first national constitutional human rights plan in China. In 2012, the State Council released the country’s second National Human Rights Action Plan. Following the principle of “concretely safeguarding the economic, social, and cultural rights of all members of society,” as stated in the Action Plan, and the guidelines of “improving the institutions for democracy, diversifying its forms and expanding its channels, and strengthening human rights protection in administration, law enforcement, and judicial work,” departments of letters and visits have increasingly improved the letters and visits system, expanded letterwriting and visiting forms and channels, supervised and made comments and suggestions on administration, law enforcement, and judicial work, and promptly corrected mistakes in administrative and judicial work. In this way, they have actively accelerated the implementation of the Human Rights Action Plan and ensured the concrete fulfillment of human rights.

 

 

A. Adhering to the Principle of Carrying out the Work Regarding Letters and Visits Within the Rule of Law to Prevent Rule by People

 

The administrative power of the state can and must play a proactive role in the fulfillment and protection of human rights. However, administrative power is so mighty that it will likely be abused in social management, thus becoming a scourge that violates human rights and hinders the fulfillment of human rights.6 Currently, departments of letters and visits control state resources and power, and the operational mechanism of those departments enables leaders to grab dominant positions and play key roles in the letters and visits system. All of these factors will probably lead to the abuse of power and the occurrence of rule by people. The current Regulations on Letters and Visits stipulates the letterwriting and visits channels; the submission, acceptance, handling, and supervisory procedures for letterandvisit matters; and relevant legal responsibilities. However, the majority of these stipulations only involve procedures and do not provide legal backing for the handling of specific problems. Essentially, the Regulations are imperfect and leave room for rule by people. Therefore, it is quite necessary to formulate a law on letters and visits, which will enhance the authority of the work regarding letters and visits and improve its role in human rights protection.[page]

 

B. Strengthening the Guidance and Education of Letter Writers and Visitors to Maintain the Order of the Work Regarding Letters and Visits

 

The letters and visits system is designed to fully safeguard the people’s rights. However, that does not mean one has unlimited rights in the process of letterwriting and visiting. Nowadays, group petitions, mass riots, and letters and visits bypassing the immediate leadership are commonplace. This not only has disturbed the work regarding letters and visits, but also poses threats to social stability. In addition to the lack of relevant laws and regulations and the dereliction of some government departments, other major reasons include people’s limited legal awareness and insufficient knowledge of the proper procedures and channels forletterwriting and visiting. The irrational and extremely selfish behavior of a very few people also contribute to the situation. From now on, departments of letters and visits should enhance publicity about the work regarding letters and visits and guide people to conduct letter writing and visiting through lawful and rational methods and abide by relevant regulations, so as to maintain the order of the work regarding letters and visits and create conditions for the settlement of letterandvisit matters and the achievement of social harmony and stability.[page]

 

C. Establishing Letters and Visits Committees in People’s Congresses to Enhance the Independence of Letters and Visits Departments

 

Currently, the State Bureau for Letters and Visits belongs to the State Council, and letters and visits departments of local governments at various levels are mostly a part of state organs. To a large extent, the operation of those departments depends on support from administrative departments, instead of running as independently as they should. To increase their independence, letters and visits departments may be separated from administrative organs. The National People’s Congress shall set up a letters and visits committee, while letters and visits departments shall be formed directly through people’s congresses at various levels and given more independence in finance, function and other aspects, which shall directly report to and be under the supervision of people’s congresses. Perhaps such a design will lower the executiveefficiency of the work regarding letters and visits due to the lack of intervention by mighty administrative power, but it trades short-term pain for long-term gain. First, if letters and visits departments directly report to the people’s congresses and are independent from the intervention of administrative power, they will handle letterandvisit matters in a more objective and fairer way. Second, the people’s congresses are organs through which the people exercise state power, and all other state organs including administrative organs are elected and supervised by the people’s congresses. If letters and visits departments are set directly under the people’s congresses, this will undoubtedly enhance their supervision of other state organs, especially administrative departments; Finally, setting up letters and visits committees directly under the people’s congresses will not only facilitate the people’s congresses learning about the situation and problems of human rights protection in the nation, but also help them collect public opinion and suggestions, thus accelerating the amendment and improvement of human rights laws and regulations and constantly enhancing the legalization of human rights protection.[page]

 

D. Transforming Letters and Visits Departments into National Human Rights Institutions to Meet the Demand of Future Human Rights Protection

 

National human rights institutions are state organs set up to promote and protect human rights according to the constitution or law in a given country.7 To date, nearly 120 countries around the world, including China’s neighbors like Mongolia, India, Thailand, Malaysia, the Philippines, and South Korea, have set up national human rights institutions. Many government bodies or departments in China are responsible for promoting and protecting human rights, but the country has yet to have a national human rights institution. Along with overall social progress and advancement in human rights protection, it has become imperative for China to establish a national human rights institution. However, it will require large amounts of manpower and resources, as well as lengthy preparation and transition, to set up a totally new national human rights institution beyond the current system. Transforming the country’s current letters and visits departments into national human rights institutions would considerably save resources and time.

 

According to the Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights (hereinafter, “Paris Principles”) released in 1992, the main functions of national human rights institutions include accepting individual complaints, surveying, mediating, and human rights education, as well as submitting human rights reports.8 As the major bodies for human rights protection and relief in China, letters and visits departments meet the basic requirements of the Paris Principles in terms of functionality. Moreover, its nationwide organizational network and sound and mature operational mechanism for human rights protection and relief have laid a solid foundation for its transformation into a national human rights institution. If China’s letters and visits departments are given the functions and duties of national human rights institutions, this will not only enhance the authority of those departments, but also provide a higher-level professional platform for the country’s human rights protection.[page]

 

 

The establishment, development and improvement of China’s letters and visits system are closely interrelated with the nation’s promotion and protection of human rights. On the one hand, the system is grounded in China’s national condition, so it has more advantagesin safeguarding the rights of Chinese citizens. On the other hand, due to the continuous evolution of human rights protection, there is still a long way to go for China to reform and better its letters and visits system. Keeping pace with the times is the foundation of China’s efforts to improve its letters and visits system. While legalization serves as the prerequisite, and publicity of knowledge about the system and human rights as the guarantee, the enhancement of letters and visits departments’independenceis the key. The final objective is to let the country’s letters and visits authorities exercise the functions of national human rights institutions. We believe China’s letters and visits system will play a more positive role in human rights protection in the future.

 

(YangChengming is professor and director of the Human Rights Research Center of the Law School of the Beijing Institute of Technology;YiHui is a master’s degree student in the School of Law of the Beijing Institute of Technology.)[page]

 

1.The Secretariat of the General Office of the CPC Central Committee, Report on Handling the People’s Letters, seen in Selected Important Party Literature since the Founding of New China (volume 2), Central Party Literature Press, 1992, pp.266-267.

 

2.Decisions of the CPC Central Committee on Major Issues Concerning the Building of Harmonious Socialist Society (passed on Oct. 11, 2006, at the 6th plenary session of the 16th Central Committee of the CPC).

 

3.Wu Chao, Reviews and Prospects: The Development of the Letters and Visits Over Six Decades, published in the third issue of Management and Review of Social Sciences, 2011, p.73.

 

4.Qin Peihua, “Sharing the Party’s Worries and Solving the People’s Problems,” published in People’s Daily on Nov. 11, 2009, p.16.

 

5.National Bureau of Statistics, China Report on the Survey of Migrant Workers 2012, issued on May 27, 2013.

 

6.Xu Xianming, The Fundamentals of Human Rights Law, China University of Political Science and Law Publishing House, 2008, p.310.

 

7.A Handbook on the Establishment and Strengthening of National Institution for the Promotion and Protection of Human Rights, Professional Training Series No.4,United Nations,Geneva,1995 (hereafter UN Handbook),para.39.

 

8.Yu Dan, “The Establishment and Improvement of China’s National Human Rights Institution: Based on the Paris Principles,” published in the second issue of the Journal of Heilongjiang Administrative Cadre Institute of Politics and Law, 2010, p.5