II. Civil and Political Rights
In 2004, China adhered to the road of political development with Chinese
characteristics. It actively promoted democracy in political affairs and the
building of political civilization to guarantee the citizens' civil and
political rights.
The National People's Congress (NPC) and the local people's congresses at
various levels are the organs through which the people exercise state power. The
NPC and its Standing Committee are playing a more and more important role in
governing the country according to law and guaranteeing the people's democratic
rights. The amendments to the Constitution adopted at the Second Session of the
Tenth NPC in 2004 added many new provisions to the Constitution that are closely
related to human rights. In 2004, the NPC Standing Committee examined drafts of
33 laws, interpretations of laws and decisions related to legal issues, and
adopted 25 of them, providing further legal guarantee for economic and social
development and human rights. Of them, the amended Law of Election of the NPC
and Local People's Congresses further improved the election system, standardized
the election procedures, and expanded and guaranteed the citizens' right of
election. The amendments made to the law on the prevention and treatment of
epidemics focused on the prevention of and early warning on epidemics,
strengthened control over the spread of epidemics and medical treatment
measures, and provided greater guarantee for the rights of citizens, sufferers
from infectious diseases, and actual and suspected virus carriers. The recently
adopted decision on the improvement of the system of people's jurors increased
the transparency of the activities of the judicial departments, strengthened
citizens' supervision over such activities and provided a guarantee for the
procedural rights of citizens.
The NPC and its Standing Committee have strengthened
supervision over the administrative and judicial organs as well as examination
of the enforcement of laws, and support and encourage relevant state organs to
do their duty and exercise their power according to law so as to safeguard the
interests of the general public. In 2004, the NPC Standing Committee examined
the enforcement of six laws, including the "Land Management Law," "Law on
Compulsory Education" and "Trade Union Law." It examined and deliberated 11 work
reports of the State Council, the Supreme People's Court and the Supreme
People's Procuratorate about the establishment and improvement of an emergency
mechanism concerning public health contingencies and the building of courts and
procuratorates at the grass-roots level. Throughout the year, the NPC Standing
Committee received more than 40,000 people seeking help from higher authorities
for their problems, handled more than 60,000 petitions, and urged relevant
departments and local governments to solve some of the problems that had caused
great discontent among the masses, thus guaranteeing the citizens' right to
appeal to higher authorities, file a charge and report an offence as provided
for in the Constitution. During the Third Session of the Tenth NPC, convened in
2005, deputies submitted a total of 991 bills, an increase of 54.6 percent over
those submitted during the Second Session of the Tenth NPC, convened in 2004.
The bills touched upon the enactment or revision of laws on food safety,
compulsory education, social security, land management, etc.
The system of multi-party cooperation and political consultation under the
leadership of the Communist Party of China is a basic political system in China.
A political party system with Chinese characteristics, it has played an ever
greater role in the political life of the state. In 2004, the National Committee
of the Chinese People's Political Consultative Conference (CPPCC) performed its
functions of participating in the discussion and administration of state
affairs, exercised its democratic rights and carried out democratic supervision
through its regular work of making proposals, and inspections and investigations
into specific issues, and reflecting public opinion. The CPPCC National
Committee organized people to make revisions to the "Regulations on the Work of
Making Proposals of the National Committee of the Chinese People's Political
Consultative Conference," thus helping make the work of making proposals
constitutionalized, standardized and in line with prescribed procedures. In the
past year, the CPPCC National Committee received 4,478 bills submitted by its
members and participating organizations. Of these, 4,263 were accepted for
further deliberation. These bills covered such topics as the building of
democracy and the legal system, increasing the farmers' incomes, safeguarding
the legitimate rights and interests of migrant workers, establishment of a
multi-layer social security system in the countryside, employment and
re-employment, and welfare. It organized 30 inspection groups composed of over
750 CPPCC members. They went on inspection tours across the country, and
submitted 26 reports. The various special committees of the CPPCC National
Committee made in-depth investigations into specific issues, resulting in 68
investigative reports plus 1,390 other reports containing important information.
The central committees of all the non-Communist parties and the All-China
Federation of Industry and Commerce submitted 115 bills and 2,503 reports
concerning public opinion and information. These bills and information were
promptly dealt with, and feedback was given. The Third Session of the Tenth
CPPCC, convened in 2005, received 4,508 bills, of which 4,375, or 97.05 percent,
were accepted for further deliberation.
The building of grass-roots democracy in the countryside
entered a new phase. In 2004, the State Council issued the "Opinions on Making
Village Affairs Public and Improving the Democratic Management System," which
helped improve the system of making village affairs public and the system of
democratic management at the grass-roots level and promote protection of
ordinary villagers' democratic rights. A democratic management system based on
the "Regulations on Villagers' Self-government" and "Village Regulations and
Agreements" was established all over the country. A democratic decision-making
system mainly in the form of villagers' congresses and representative
conferences, and a democratic supervision system based on making village affairs
public and democratic evaluation were also established, thus considerably
raising the level of villagers' self-government within the framework of the law.
A campaign was launched to create "exemplary villages of democratic management
and rule of law." At present, about 10 percent of villages across the country
have been awarded this honor.
The state pays special attention to guaranteeing - through petitions and
visits - citizens' right to criticize, make suggestions, appeal to higher
authorities, file a charge and report an offence. In 2004, the State Council
revised the "Regulations on Petitions and Visits." The revised edition increased
the government's responsibilities by demanding that its powers and
responsibilities should be balanced, and highlighted the principles that all
matters concerning petitions and visits should be conducted in an open manner
and be convenient for the people, and the citizens' rights and interests must be
protected. In 2004, the state created a joint meeting system to solve the most
difficult problems encountered when handling petitions and visits, and cases
involving large numbers of people, with focus being put on problems caused by
house demolition, relocation in towns and cities, and requisition of land in the
countryside, and intensified its supervision on the handling and solution of the
problems. Correspondence and visitation departments handled petitions
conscientiously, and received visitors in a civilized manner, and the quality of
their work further improved. The state issued the "Suggestions on Further
Involvement of Lawyers in Handling Law-Related Petitions and Visits from the
People." Lawyers were organized to provide legal advice to help people solve
their problems through legal channels.
Citizens' freedom of information, of speech and of the
press is protected by law. At present, a three-level news briefing system
consisting of the State Council's Information Office, and various departments of
the State Council and provincial governments has basically been established.
Sixty-two departments of the State Council have established the news briefing
system, and appointed 75 spokespersons. Twenty-three provinces (autonomous
regions and municipalities directly under the central government) have
established the news briefing system, and 20 of them have appointed
spokespersons. Last year, 44 departments of the State Council gave some 270 news
conferences, and 28 provinces (autonomous regions and municipalities directly
under the central government) gave 460 news conferences. These activities
greatly increased the transparency of government work, and helped citizens
become better informed about administrative affairs. Protection of citizens'
rights to information, supervision and participation in public affairs were
further promoted. In 2004, the state enacted a series of laws and regulations to
further improve China's press system and ensure that citizens can better
exercise their right of freedom of the press.
Employees' right to participate in and organize trade unions has been further
exercised and developed. In 2004, a national check was conducted of the
enforcement of the "Trade Union Law," which promoted the building of trade union
organizations. Special efforts were made to establish trade unions in non-public
enterprises and have migrant workers join trade unions. The year 2004 also saw a
considerable development of grass-roots trade union organizations and trade
union members. By the end of September 2004, China had 1.02 million grass-roots
trade union organizations, 115,000 more than in the previous year, an increase
of 12.6 percent. Non-public enterprises had 459,000 trade unions, 102,000 more
than in the previous year. The number of trade union members nationwide was 137
million, 13.544 million more than in the previous year, a growth of 11 percent.
Trade unions at non-public enterprises had 55.463 million members, 14.543
million more than in the previous year. Nationwide, 63 percent of employees had
joined a trade union, an increase of 6.2 percentage points over the previous
year. The employees' conference system was established in 369,000 enterprises
and institutions that had trade unions, involving 78.364 million employees, an
increase of 2.211 million over the previous year. Enterprises and institutions
that practiced the publicizing of internal affairs numbered 316,000, with 70.612
million employees involved, an increase of 4.373 million over the previous year.
Boards of directors were established in 57,000 enterprises with grass-roots
trade unions, and supervisory committees were established in 42,000 enterprises
with grass-roots trade unions. Of these, 24,000 enterprises established boards
of directors including ordinary employees, and 18,000 enterprises established
supervisory committees with employees as members. The numbers of trade union
chairmen and chairwomen who held posts on boards of directors or supervisory
committees was 25,000 and 21,000, respectively, accounting for 44.7 percent and
49.9 percent of the members of each organ.
Citizens enjoy the freedom of religious belief in accordance with law.
Religious groups, venues for religious activities, the legitimate rights and
interests of religious adherents and their normal religious activities are
protected by law. In 2004, the State Council promulgated China's first
comprehensive administrative regulation on religious matters - "Regulations on
Religious Affairs." It clearly defines the rights of religious groups and
adherents with regards to religious activities, establishment of religious
colleges and schools, publishing of religious books and periodicals, management
of religious properties and foreign religious exchanges. It also regulates the
administrative acts of relevant departments of the government so as to ensure
that the legitimate rights and interests of religious believers, religious
groups and venues for religious activities are not infringed upon. According to
incomplete statistics, China has now more than 100 million religious adherents,
more than 100,000 venues for religious activities, and about 300,000 clergy
members. Normal religious ceremonies or rituals conducted by ministers and all
other normal religious activities - carried out either in venues for religious
activities or homes of religious adherents in accordance with religious
tradition - are taken care of by believers themselves and protected by law.
Different religions, of their own accord, have created more than 3,000 national
and regional religious organizations. They elect their own leaders in accordance
with their own regulations and conduct religious ceremonies independently. They
also print and publish religious classics and periodicals, and hold public
welfare services. The accumulative print run of the Bible has reached 35
million. Religious organizations run 76 religious colleges where ministers are
trained. All religions follow the principle of running their own affairs
independently and, on the basis of equality and friendship, they are actively
engaged in exchanges and communication with religious organizations in other
countries.
