China’s Human Rights: Exploration and Development of the Whole-Process People’s Democracy
——Commemorating the 30th Anniversary of the Adoption of the Vienna Declaration and Programme of Action
LI Junru (China)
The world today is confronted with multiple challenges on the issue of global governance. The US has convened two "Global Democracy Summits", proposing "democracy against authoritarianism" in global governance. Dividing the world in the name of "democracy" in such a way will surely bring disaster rather than merits to the cause of human rights in the world. In the afternoon of November 14, 2022 when meeting with US president Joe Biden in Bali, Indonesia, Chinese President Xi Jinping proposed that freedom, democracy and human rights are the common aspiration of mankind, which is also a consistent aspiration for the Communist Party of China. The United States has American democracy and China has Chinese democracy, both in line with their respective national conditions. We are equally proud of the fact that the whole process of people’s democracy in China is based on China’a national conditions, history and culture, and reflects the will of the people. In the 30 years since the adoption of the Vienna Declaration and Programme of Action, China’s historic progress in the cause of human rights, including democratic political development, is the best proof that China upholds The Charter of the United Nations and the Universal Declaration of Human Rights and puts the Vienna Declaration and Programme of Action into practice.
(I) 30 years ago, the Vienna Declaration and Programme of Action was adopted at the World Conference on Human Rights. This important document emphasized that “Democracy is based on the free expression of the will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of life.” These past 30 years is also the 30 years that China has made historic progress by upholding civil and political rights, adhering to the socialist path of political development with Chinese characteristics. Its symbol is the proposition and practicing of the important idea of “whole-process people’s democracy”.
This significant idea of “whole-process people’s democracy” was at first proposed by General Secretary Xi Jinping in his visit in surveying the Civic Center of Gubei Community of Hongqiao Subdistrict of Changning District of Shanghai on November 2, 2019. Later, in March 2021, whole-process of people's democracy was written into the Organic Law of the National People's Congress of the PRC in March 2021 for the first time. By July 1, 2021, after his important speech of General Secretary Xi Jinping’s celebration of the founding of the 100th anniversary conference of the Communist Party of China, he proposed that the new journey needs to “develop whole-process people’s democracy”, in October 13, General Secretary Xi Jinping systematically elaborated what is the “whole-process people’s democracy” at the Work Session of the Central People's Congress for the first time. At the Party’s Sixth Plenary Session of the 19th CPC Central Committee held in November of the same year, as the important content of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the important experience of political building in the decade of the new era, and the mission task of the Communist Party of China of the new era, the “whole-process people’s democracy has been written into the Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party over the Past Century adopted by this session. To the Party’s 20th CPC National Congress held on October 16, 2022, “whole-process people’s democracy” was at first time written into the congress of party representatives report as the essential requirements and major strategic deployment of political development for a new era and a new journey of the “Chinese path to modernization”.
If you ask what are the characteristics of the “whole-process people’s democracy”? Firstly, it has the complete systematic procedure, and complete participation in practice, rather than that democracy where it only has systematic procedure, but the masses can’t be extensively involved in practice. Secondly, it not only has the system where it’s people run the country in a complete, comprehensive and organically-linked manner, but also diversified, smooth and orderly democracy channels, rather than democracies where there is only system but without the direct involvement of the masses. Thirdly, it has democratic elections, negotiations, decision-making, management, supervision as well, rather than democracies where people are “awake” when voting, but fall asleep after voting and are wooed in elections but are discarded after elections. Fourthly, it has various channels and forms enabling people to manage national, economic and social, as well as cultural affairs, ,rather than democracies where most people are not involved in national, economic and social, as well as cultural affairs. Fifthly, it is a democracy where all process and outcome democracy, procedural and substantive democracy, direct and indirect democracy, people’s and state’s democracy are integrated, rather than democracies that only emphasizes one aspect but ignores the other. Thus, we can say that “whole-process people’s democracy” is the most extensive, real, and feasible democracy. It is a major ideology on the CPC Central Committee’s understanding basis of deepening political development principle with Comrade Xi Jinping at its core, and a significant outcome of the theoretical innovation in the new era.
(II) The formation and proposition of the Chinese style democracy of “whole-process people’s democracy” has cracked many hard issues of maintaining citizen and political rights in the world’s democratic political practice.
In terms of democratic idea, the “demo” of democracy, should be “people”, or “all people”. However, the will of the people or all people and the interests behind them are diverse. It is not easy to get the people or all people to reach consensus and make decisions in the governance of the country. So, the democratic pioneers invented "the minority is subordinate to the majority" voting system, in which the person with the most votes is the "representative" of the "majority" to govern the country, and thus created electoral democracy. But this raises new questions: first, the “majority” is people, but the “minority” is also people. How can the interests of the "minority" be safeguarded after the "majority" take power, so as to avoid the weakening of democracy or lack of democracy; Second, how the “representatives” elected by the voting system represent their voters, not to mention all people, so as to avoid democracy losing shape or going bad. Last but not least, there’s also the problem of corruption. political corruption such as prevention and stop of bribery that are completely violated democratic principles, is also a problem that needs to be solved particularly.
Then how China solves such kind of democratic hard issues?
Firstly, in the design of China’s democratic system, by means of system design of “the National People’s Congress (NPC)” + “Chinese People’s Political Consultative Conference (CPPCC), it cracked the democratic hard issue of how to make the masses rather than merely the “majority” enjoys democratic rights. What the election of the people’s deputies implements is the “secret ballot” and “the minority is subordinate to the majority” voting system principle, where talents of governance may not be chosen. As early as 1954 when China’s First Session of the First National People's Congress was convened, the Communist Party of China had noticed such issue. Therefore, it’s decided to continue to play the role of the CPPCC while implementing the system of people's congresses, to make the CPPCC members from all parties and sectors - exercise their democratic rights through political consultation, democratic supervision and participation in the deliberation and administration of state affairs. Today, China holds its annual "two sessions" of the National People's Congress and the Chinese People's Political Consultative Conference every March. Its significance is that democratic principles can be fully realized in China, so that citizens can enjoy political rights in general.
Another is how China continues to make innovations in connecting NPC deputies with the masses to enable the voting system to represent the voters and all people, to ensure the democracy not lose shape and go bad. At the beginning of the establishment of the people's congress system, China has realized that if the people's congresses, as an organ of power, can properly exercise the power entrusted by the people, it must establish and improve the system of people's congress keeping in touch with the masses, so as to truly and fully reflect the will and demands of the people. To this end, China has put in place a system of inspection by NPC deputies, a system of contact between NPC Standing committees and NPC deputies, a system of contact between NPC deputies and the masses, and a system of letters and visits by NPC deputies. Since socialism with Chinese characteristics entered a new era, we have not only continued to adhere to and improve these systems, but also made innovations in the system for deputies to keep in touch with the masses by setting up "Houses for Deputies to the People's Congress" in streets, "Liaison Stations for Deputies to the People's Congress" in communities, and in some localities, "Contact Points for Deputies to the People's Congress" in buildings where companies are concentrated. For example, 340 houses for deputies to the people's congress and 2,938 liaison stations for deputies to the people’s congress have been set up in Beijing. More than 14,000 deputies to people's congresses at all four levels (namely, deputies to the National People's Congress, municipal people's Congress, district and county people's congresses, and township people's congresses) were organized into the stations to participate in the activities. Deputies to the people's congress can provide immediate solutions to the urgent needs of the people. Now, local people's congresses have opened their official websites nationally. Deputies to the National People's Congress can use informatization, networking- and intelligent channels such as "Online Direct Train for Deputies" and "Official WeChat Account for Deputies", so that we will make deputies available to the people at all times.
If we survey -at these houses for deputies to the people's congress, liaison stations and contact points, we can see such a very eye-catching words in many places: “People choose me to be as deputy, I act as deputy for the people.”
(III) The highlight of “whole-process people’s democracy” is to realize the people’s rights to be - masters of the country by “extensive participation, extensive consultation”.
China’s democracy is a democracy for more than 1.4 billion people. To guarantee the Chinese people’s rights to be masters of the country and the rights of all aspects, it’s easier said than done. What pleases us is that China has mastered the secret of realizing - more than 1.4 billion Chinese people to be masters of the country. What is this “secret”? It means that matters affecting the interests of the masses of all ethnic groups in China are discussed extensively among all people and whole society; Matters affecting the interests of the masses of a particular locality shall be discussed extensively among the masses of that locality; Matters concerning the interests of part of the masses or a particular masses shall be discussed extensively among such part of masses; Matters concerning the grassroots masses shall be discussed extensively among the grassroots masses. This form of democracy, in which the people participate extensively and consult extensively, is the secret of making the 1.4 billion Chinese people masters of their own country.
In March 1991, Jiang Zemin, the then General Secretary of the Communist Party of China pointed out that “The people exercise their rights through elections and voting and full consultation among the people prior to elections and voting, and try to reach consensus as to the common issue as far as possible, these are the two important forms of the socialist democracy in China. This is something that Western democracy is incomparable to, and they can’t understand. That is to say, there are two forms of democracy in China: electoral democracy and consultative democracy. In September 2014, General Secretary Xi Jinping further pointed out that “Whether the people enjoy democratic rights depends on whether they have the right to vote in elections and whether they have the right to continue to participate in daily political life; It depends on whether the people have the right to democratic elections. It also depends on whether they have the right to democratic decision-making, democratic management and democratic oversight.” “A democracy in which people only have the right to vote but not the right to participate extensively, in which people are awakened only when they vote and then enter a dormant period, is formalistic.” He pointed out that “Under the Chinese socialist system, the essence of people's democracy is things can be discussed easily when they happen, the business of all is for the consultation of all, and finding the greatest common divisor of the whole society’s will and requirements.” For the first time in the history of world democratic politics, he is the first to call this participatory democracy, in which the people “participate extensively” and “consult extensively” as "the essence of people's democracy". Meanwhile, he also pointed out that “consultative democracy is deeply embedded in the whole process of socialist democracy in China.”
(IV) How can the people manage state, economic and social, and cultural affairs through participatory democracy featuring extensive participation and consultation by the people? China’s practice is worth summarizing and promotion.
First, we need to establish contact points for community-level legislation and improve democratic legislation. In July 2015, according to CPC’s spirit of the Fourth Plenary Session of the 18th CPC Central Committee, the Legislative Affairs Commission of the NPC Standing Committee had launched four pilot units nationwide to maintain contact with local legislative bodies. They are Xiangfan City of Hubei Province, Jingdezhen City of Jiangxi Province, Lintao County of Dingxi City of Gansu Province, and Hongqiao Subdistrict Office of Changning District of Shanghai respectively. The place where General Secretary Xi Jinping proposed the “whole-process people’s democracy” for the first time in the Civic Center of Gubei Community of Hongqiao Subdistrict of Changning District of Shanghai on November 2, 2019 is the first batch of grassroots legislation contact points by the Legislative Affairs Commission of the NPC Standing Committee. With residents from more than 50 countries and regions living here, it is an epitome of Shanghai's efforts to promote scientific and democratic governance at the grassroots level. By July 2022, Hongqiao Subdistrict had finished soliciting opinions on 67 draft laws and submitted more than 1,300 suggestions, of which 101 were adopted. Later, this subdistrict had become the contact point for grassroots legislation of the Standing Committee of the Shanghai Municipal People's Congress and the Shanghai Municipal People's Government. It completed the consultation work on dozens of draft local laws and regulations and submitted hundreds of suggestions, a considerable amount was adopted. In July 2020, the Legislative Affairs Commission of the NPC Standing Committee again decided Kunshan City of Jiangsu Province, Yiwu City of Zhejiang Province, Zhengding Town of Zhengding County of Hebei Province and China University of Political Science and Law as the second batch of grassroots legislative contact points. Subsequently, the third batch of 12 legislative contact points were also newly-added in 2021. Up until June 2021, after careful analysis and research of the 109 law drafts, legislative work plans and so on, the contact points proposed nearly 6600 suggestions, and many of the comments had been absorbed and adopted.
Second, the budget working committee grassroots contact points were established to improve economic democracy. At the beginning of 2020, the Budget Working Committee of the NPC Standing Committee - had also set up grassroots contact points in Dongsheng Town of Haidian District of Beijing, Standing Committee of Nanhu District People's Congress, Jiaxing City, Zhejiang Province, Standing Committee of Chaisang District People’s Congress, Jiujiang City, Jiangxi Province, Standing Committee of Danleng County People’s Congress, Meishan City, Sichuan Province, and Standing Committee of Hancheng City People's Congress of Shaanxi Province. For example, as the budget working committee grassroots contact point of the NPC Standing Committee, the Standing Committee of Nanhu District People's Congress, Jiaxing City, Zhejiang Province proposed nearly 20 suggestions to the Budget Working Committee of the NPC Standing Committee. They have also formulated and promulgated 12 financial regulatory systems, which improved the original financial network supervision system, refined financial supervision close cycle, and managed the government’s “money bag” in a more detailed and solid manner.
Third is to improve the mechanism for attracting public opinions to serve reform and opening up. The grassroots contact points established by the Legislative Affairs Commission of the NPC Standing Committee and the Budget Working Committee of the NPC Standing Committee attach importance to the masses’ opinion of all localities in every aspect. For instance, Yiwu in Zhejiang Province has a world-famous small commodity market. The Standing Committee of Yiwu Municipal People's Congress, as the contact point for grassroots legislation of the Legislative Affairs Commission of the NPC Standing Committee, has set up 47 consultation units and 15 liaison stations in the city. Besides the deputies of the People's Congress, it also hired 25 legislative consulting experts, 51 legislative liaison officers and a large number of information collectors, and carried out its work with great success. For another example, Kunshan City in Jiangsu Province is one of the regions with the most active Taiwan investment, the most densely populated Taiwan-funded enterprises and the most frequent cross-Straits economic, trade and cultural exchanges. 100,000 Taiwan residents live and work here. Jianghai District of Jiangmen, Guangdong Province is the hometown of overseas Chinese, which is also the grassroots legislative contact point of the Legislative Affairs Commission of the NPC Standing Committee. In the process of collecting legislative opinions, they paid great attention to listening to the opinions of overseas Chinese organizations. The Vice President (and Secretary General) of Jiangmen Overseas Chinese Enterprise Federation said: “As a member of Hong Kong and Macao, I am proud of the country's willingness to listen to the voice of the grassroots and practice democratic legislation. From the perspective of the Overseas Chinese Enterprise Federation, I hope that more voices of overseas Chinese, Hong Kong and Macao compatriots can be conveyed to the national legislative body.”
Fourth is to improve social governance mechanism and improve people’s livelihood. No matter it’s house for deputies to the people's congress, liaison station, contact point, or the grassroots legislative contact point, in the process of contacting the masses and doing well the legislative work, the work done most is to solve problems for the masses. In Shanghai, whether guide dogs for the visually impaired could enter public places, how it is more convenient for the disabled to take public buses, in other words, the human rights of certain groups can be effectively protected is the hard work of deputies to the People’s Congress and the joint efforts of various departments that helped solve the problems. It is just in the process of "the people's affairs are discussed by the people" that the broad masses of the people truly enjoy the fruits of the whole process of people's democracy bearing fruit from the flower of the people's democracy.
Finally, back to the global governance topic. We are not in favor of countries that do not meet one's "appetite" should be sent to "non-democratic" countries for one's own selfish interests. We are in favor of democratic practice in treating every nation in a democratic way. The reason why we introduce to you China’s whole-process people’s democratic exploration process, is to share our democratic experience with the countries around the world. The real democratic global governance system should respect the democratic practices of protecting civil and political rights in countries around the world, and make the people all over the world to explore the - democratic realization forms that conforming to their own national conditions.
(The author is former vice president of the Party School of the Central Committee of the CPC, vice president of the third and fourth Councils of the Chinese Society for Human Rights Research)