| China: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 40 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: References: Regulations of Disclosing Government Information valid through May 1, 2008, was passed by State Council on Jan.17, 2007, and recognized the right of access to government information.
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: References: According to article 33 of the Decree of Government Information Disclosure passed by China's State Council, citizens can appeal to authorities related if the right of access to government information is denied. [ LINK ]
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: References: Articles 15, 16 of the Decree of Government Information require disclosure [ LINK ]
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: References: 1): Unirule Center for Governance Studies "The Chinese Public Governance Indicators" Unirule's Working Paper series, 2007
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: References: 1): Unirule Center for Governance Studies "The Chinese Public Governance Indicators" Unirule's Working Paper series 2007
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: References: 1): "Why It Is So Difficult To Access Government Information", Procuratorial Daily, June 12, 2006 2): "Violating Right to Information by The Excuse of Sensitivity" Xinhua Daily, Nov. 16, 2006
Peer Review Comments: On Aug. 16, 2004, the Xuhui District People's Court held the first hearings on the lawsuit submitted by Dong Ming, a Shanghai resident, against the Shanghai Xuhui District Housing and Land Administrative Bureau for refusing her access to the archives of the house she used to live in. She is the first Shanghai resident to take a government department to court after the Regulations of the Shanghai Municipal Government on Open Information took effect on May 1, 2004. After the court delivered an unfavorable verdict, Dong Ming made an appeal to a higher court but only got another unfavorable verdict on Aug. 1, 2005. Suggested other references: 1. Oriental Morning Post, Aug. 17, 2004, p. A3. 2. [ LINK ]
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: References: 1): "Why It Is So Difficult To Access Government Information", Procuratorial Daily, June 12, 2006 2): "Violating Right to Information by The Excuse of Sensitivity" Xinhua Daily, Nov. 16, 2006
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: References: 1): "Why It Is So Difficult To Access Government Information", Procuratorial Daily, June 12, 2006 2): "Violating Right to Information by The Excuse of Sensitivity" Xinhua Daily, Nov. 16, 2006
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