CHANG  Jian*

 

Abstract: The modernization of state governance and the innovation of the governing measures will promote the development of human rights protection in China and will also again propel the guarantees of people’s civil and political rights, which is mainly reflected in the following five aspects: Firstly, the institutionalization and normalization of public power will reduce the restrictions on civil rights. Secondly, the democratization of public policy making will provide more freedom for citizens to perform their political rights. Thirdly, the legalization of governing authority will better guarantee equal protection of law for all people. Fourthly, effective accountability mechanism will strengthen people’s exercise of supervisory rights. Lastly, the innovation of state’s governing measures will further reflect and satisfy citizens’ requirements.

 

Keywords:  human Rights protection in China     modernization of state governance       civil and political rights

 

The Decision on Some Major Issues Concerning Comprehensively Deepening the Reform, adopted at the Third Plenary Session of the 18th Central Committee of the Communist Party of China, has proposed to “improve and develop socialism with Chinese characteristics and to promote the modernization of the state governance system and capacity.” Governance involves cooperative management of public affairs by multiple subjects in the public domain. The state governance system includes a series of systems and procedures that regulate administrative, market and social behaviors. The modernization of state governance deals with the institutionalization and standardization of public power operation, the democratization of public decision making, the legalization of governance authority, the establishment of effective accountability mechanisms, the improvement of administrative efficiency, and the coordination of various institutional arrangements. To promote the modernization of state governance, it is required that state governance methods be innovated and that groundbreaking reforms be implemented regarding state systems such as administration, decision-making, the judiciary, the budget, supervision and other important areas.¹[page]

 

The promotion of innovation of state governance modernization and governance methods will become a new driving force for the development of China’s human rights. More specifically, it will promote the protection of civil and political rights to a higher stage of development, which is mainly reflected in the following five aspects.

 

 

First, the modernization of state governance requires the institutionalization and standardization of public power operation. Specifically speaking, the institutionalization and standardization of public power operation requires that a clear power list be established, that the principle of statutory duties be followed, and that the government be prevented from exceeding its powers to do things unauthorized by law. The Decision on Some Major Issues Concerning Comprehensively Deepening the Reform, adopted at the Third Plenary Session of the 18th Central Committee of the Communist Party of China, has proposed to “accelerate socialist democracy in a systematic way by adopting due standards and procedures.” According to the Decision, we should define the responsibilities and powers of the principal Party cadres and government officials at all levels, scientifically deploy powers and functions among the Party, government departments and their internal organizations, and specify their obligations and tasks. We should introduce a power list within local governments and their working departments at all levels, and disclose the power-exercise process in accordance with the law. We should improve information disclosure of affairs in the Party, government and other fields, so as to promote transparency in decision-making, management, services and results. We should reform the Party’s discipline-inspection system, improve the leadership system and working mechanism to combat corruption, and innovate and improve the functions of anti-corruption coordination groups at all levels. From the perspective of human rights protection, the institutionalization of power requires the respect for fundamental rights and freedom, and it prevents arbitrary infringements on civil rights by public power, so as to better protect various civil rights through more standardized systems.[page]

 

 

The modernization of state governance requires the democratization of public decision. Specifically, the democratization of public decision requires openness and transparency of government information with various channels established for the public to participate in the public decision-making process so that the decision fully reflects needs in all aspects through democratic consultation at all levels. The Report to the Eighteenth National Congress of the Communist Party of China has indicated that “socialist consultative democracy is an important form of people’s democracy in our country” and that “we should attach greater importance to improving the system of democracy and diversifying the forms of democracy.” It is pointed out in the Report that “we should improve the institutions and working mechanisms of consultative democracy and promote its development in an extensive, multilevel, and institutionalized way. Extensive consultations should be carried out on major issues related to economic and social development as well as specific problems concerning people’s vital interests through organs of state power, committees of the Chinese People’s Political Consultative Conference, political parties, people’s organizations and other channels to solicit a wide range of opinions, pool the wisdom of our people, increase consensus, and enhance synergy.” The Decision adopted at the Third Plenary Session of the 18th Central Committee of the Communist Party of China, specifically proposes to “develop people’s democracy with wider, fuller and sounder participation and encourage further development of consultative democracy in institutionalization in a comprehensive and multilevel manner.” It also notes that “consultative democracy is a unique form and the distinctive advantage of China’s socialist democracy as well as an important embodiment of the Party’s mass line in the political field.” According to the Decision, we should carry out extensive consultations under the Party’s leadership on major issues related to economic and social development as well as specific problems concerning the people’s vital interests, ensuring consultations before and during the implementation of policy decisions. We should build a consultative democracy featuring appropriate procedures and complete segments to expand the consultation channels of the organs of state power, committees of the Chinese People’s Political Consultative Conference, political parties, and community-level and social organizations. We will conduct intensive consultations on issues regarding legislation, administration, democracy, political participation and social problems. We should reinforce the construction of new-type think tanks with Chinese characteristics to establish and improve the consultation system on decision-making. We will give full play to the important role of the United Front in consultative democracy. From the perspective of human rights protection, the democratization of public decision will provide more possibility for the realization of citizen’s rights to know, to express and to participate.[page]

 

 

The modernization of state governance requires the legalization of governance authority. The Decision adopted at the Third Plenary Session of the 18th Central Committee of the Communist Party of China has proposed to “promote the rule of law in China and build a law-based country, government and society.” As the Decision has indicated, to build a China under the rule of law, we must keep promoting the common development of ruling the country by law, governance by law and administration by law and uphold the unified construction of a law-based country, a law-based government and a law-based society. We should deepen legal reform and accelerate the construction of a just, efficient and authoritative socialist judicial system to safeguard the people’s rights and interests in order that the people can feel equality and justice in every court case. The Decision has particularly proposed that “the authority of the Constitution and laws should be maintained. The Constitution is the fundamental law guaranteeing the flourishing of the Party and long-term peace and stability of the country, which has supreme authority. We should further improve the supervision mechanism and procedure for the implementation of the Constitution and raise to a new level the comprehensive implementation of the Constitution. We should establish and improve the system within which the whole society is loyal to, abides by, upholds and applies the Constitution and laws. We should uphold the principle that everyone is equal before the law, and no organization or individual has the privilege beyond the Constitution and laws; all acts in violation of the Constitution and laws must be investigated.” The document requires that we should universally establish a system of legal counsel, improve the review mechanisms concerning normative documents and major decisions, build a scientific indicator system and assessment standards for legal construction, and improve review mechanisms concerning laws, regulations and normative documents. We should ensure the independent and fair exercise of judicial and procuratorial power in accordance with the law. We should reform the judicial administration system, unify the management of staff, funds and property of courts and procuratorates below the provincial level, and explore ways to establish a judicial jurisdiction system that is appropriately separated from administrative divisions to ensure that state laws are enforced properly and uniformly. We should improve the judicial system of human rights protection and further standardize the legal procedures of sealing, sequestering, freezing and confiscating property involved in legal cases. We should improve the mechanism of preventing and redressing wrong cases and the accountability system, prohibit extorting confession by torture, corporal punishment and maltreatment, and strictly implement the rule that illegal evidence should be not adopted. We should transform government functions, deepen the reform of the administrative system, innovate approaches for administrative management, enhance the government’s credibility and executive ability, and build a law-based and service-oriented government. We should adhere to governance in accordance with the law, strengthen legal guarantees, and resolve social conflicts in line with the thought and approaches of the rule of law. From the perspective of human rights protection, the legalization of governance will promote the realization of the right to equality before the law and the right to fair trial. [page]

 

 

The modernization of state governance requires the establishment of an effective accountability system regarding governmental behavior. The Decision adopted at the Third Plenary Session of the 18th Central Committee of the Communist Party of China demands that “a feasible accountability system should be formulated and implemented.” According to the document, we should experiment with the personal information disclosure of newly appointed officials. We should standardize and strictly implement the living standards system for leading officials, forbidding multiple occupations and an excessive supply of residential houses and offices, irregular arrangements related to official vehicles and secretaries, and an excessive number of guards or official receptions. We should investigate and tackle any case where government officials receive benefits beyond the set standards. In addition, we should explore ways to establish an official residence system. A strict system of financial budgeting, approval and auditing should be improved and strong emphasis should be laid on the control of the “three public expenses” (vehicle purchase and maintenance, overseas trips and official receptions) and building of government offices. We should improve the examination and accountability system related to the selection and appointment of officials, and make efforts to correct such erroneous practices as backdoor deals or bribery for official positions. We should improve and strictly carry out the regulations regarding leading officials’ relatives engaging in business, holding public office, taking up positions in social organizations, or emigrating and settling in other countries, so as to prevent leading officials from seeking personal gain for their relatives and cronies through their power or influence. We should improve democratic and legal supervision as well as supervision through public opinion, and apply and regulate Internet supervision. The fundamental solution to keeping power under control is to put power, government operations and personnel management under institutional inspection, ensuring that the people oversee the exercise of power and that power is exercised in a transparent manner. We must build a power-exercise mechanism featuring scientific decision-making, resolute enforcement and effective oversight. We should improve a system that combats and prevents corruption and promotes political integrity, endeavoring to realize the goal of honest officials, clean government and clear politics. From the perspective of human rights protection, the establishment of an effective accountability system will raise more urgent and specific requirements for citizens’ right to supervision and strengthen its exercise. [page]

 

 

The fundamental purpose of the modernization of state governance is to ensure that the government fulfills the public’s commission and meets the public’s needs, which undoubtedly includes the need for human rights protection. The Decision adopted at the Third Plenary Session of the 18th Central Committee of the Communist Party of China has proposed to “improve the working mechanism so that leading officials take the lead in the improvement of work styles and conduct in-depth research at the grassroots level, and to perfect the system of keeping in direct contact with and serving the people.” Therefore, the realization of the modernization of state governance will ensure a more specific, more timely and more adequate reflection and fulfillment of the need for citizens’ rights protection.

 

*CHANG Jian（常健）, vice-dean of the Zhou Enlai School of Government, and vice director of Center for Human Rights Studies, Nankai University, Tianjin, China.

 

1. Yu Keping, “The Fundamental Standards for Evaluating the Modernization of the State Governance—Thinking on The Modernization of the State Governance System and Capacity,” Beijing Daily, Dec. 9, 2013.