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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Voting & Citizen Participation
Indicators		Score
14	Is there a legal framework guaranteeing the right to vote?	100
15	Can all citizens exercise their right to vote?	42
16	Are citizens able to participate equally in the political process?	30

Indicator and sub-Indicator Details

Is there a legal framework guaranteeing the right to vote?

14a: In law, universal and equal adult suffrage is guaranteed to all citizens.

Score:

YES

Comments: There is a difference between rural areas and cities in terms of elections. Generally, four people in the rural areas are equivalent to one city resident for the purpose of electing one representative.

see Ma Ying, "To Protect Peasants' Political Rights", People's Political Scene, March 22, 2005 [ LINK ]

In China, citizens vote for representatives and representatives then vote for the leaders of the government. Candidates are usually nominated by the government. However, in recent years, there have been some independent candidates who have won elections, although at the township level.

References: Chapter 1 of People's Republic of China Election Law of the National People's Congress and Various Levels of Local Peoples Congresses

Peer Review Comments: Limited voting is only allowed on the village level; members of the National People's Congress and the Local People's Congresses are not elected through popular vote.

14b: In law, there is a legal framework requiring that elections be held at regular intervals.

Score:

YES

Comments:

References: Article 58 of Peoples Republic of China Organic Law of the Various Levels of Local Peoples Congresses and Governments.

Can all citizens exercise their right to vote?

15a: In practice, all adult citizens can vote.

Score:

100

Comments: The government does encourage adults to vote, but most are aware that it can rarely change the results. Thus, any elections above the village level are not true elections.

References: 1): Zhao Ying "On the Rights of Voters And Why Some Voters Don't Vote" Renda Yanjiu No 4, 2007 [ LINK ]

2): The Development of Election Rights of China, Sept. 6, 2004 [ LINK ]

3): "The Independent Candidate Accusing Chinese Authorities of Rigging Elections" [ LINK ]

Peer Review Comments: The government and the CPC are persuading adult citizens to vote.

15b: In practice, ballots are secret or equivalently protected.

Score:

100

Comments: There are still some places where the voting process is not secrete or secret voting is violated. A 50 score is given based on following two considerations: 1, many provinces are adopting secrete voting methods; 2, the Standing Committee of National People's Congress in 2006 issued one order requiring that all votings be secrete. [ LINK ]

References: 1): Tian Biyao "The Evolution of Voting Techniques Documents the Improvement of Democracy" Renmin Quanli, Nov. 19, 2004 [ LINK ]

2): "Secrete Voting Is One Big Progress of Politics", Qilu Evening News, March 10, 2005 [ LINK ]

3): Liu Jianping "The Voting by Clapping Is Disappearing" Nanfang Weekend, Feb.5, 2007 [ LINK ]

Peer Review Comments: If we're talking about voting for the National People's Congress and local congresses, this voting only takes place within the Party, and the masses do not vote in these elections.

15c: In practice, elections are held according to a regular schedule.

Score:

100

Comments:

References: 1): Xie Zhenghua "Some Points about Elections" China Rural, 2005 [ LINK ]

2): Cai Youqun "The Keyword of 2006: Election" Shaowu People's Congress, Sept. 7, 2006 [ LINK ]

Peer Review Comments: Since 1998, the grass-root villagers committees have experienced three rounds of elections in most rural areas. Therefore, elections, from the village up to the national level, are held according to a regular schedule.

Suggested other references: 1. Sense of Chinese-Styled Democracy Germinated at the Grass-Root Level [ LINK ] 2. Organic Law of the Villagers Committees of the People's Republic of China [ LINK ]

Are citizens able to participate equally in the political process?

16a: In law, all citizens have a right to form political parties.

Score:

YES

Comments:

References: It is not allowed.

16b: In law, all citizens have a right to run for political office.

Score:

YES

Comments:

References: Chapter 1 of The Electoral Law of the National People's Congress and People's Congresses at local levels of the People's Republic of China

16c: In practice, all citizens are able to form political parties.

Score:

100

$Scoring Criteria :: 100 Score Criteria: While there is no guarantee of electoral success, political parties can form freely without opposition. <p>50 Score Criteria: Some barriers to formation are present, such as burdensome registration requirements that may not be fairly applied. Some parties\' political viewpoints may draw pressure from the government, such as surveillance or intimidation. Some political parties or organizations may have extra barriers to getting on a ballot. <p>0 Score Criteria: Some political parties are effectively barred from forming through some manner of official or unofficial pressure. This may include threats, arrest, or violence from competing parties or other groups.$

Comments:

References: 1):"It Is Illegal to Organize Opposition Parties", The Beijing News [ LINK ]

2): White Book "The Development of Chinese Democratic Politics", News Agency of State Council, Oct. 19, 2005, [ LINK ]

Peer Review Comments: It is impossible for citizens to form political parties as quite many influential people including the CPC leaders have a mind-set belief that any independent parties would oppose the leadership of the CPC. Therefore, laws needed to implement those constitutional rights as freedom of speech, of the press, of assembly, of association, of procession and of demonstration have been purposefully delayed.

16d: In practice, all citizens can run for political office.

Score:

100

Comments: According to the law, one individual must receive at least 10 nominations from voters to be able to run for political office. 50 score is given based on following considerations: 1, there are some places, particulary in urban areas, where the leaders were elected by voters, not by the government; 2, for the upper level beyond county level, it is extremely difficult to copy this model; 3, there are some manipulations in some areas to control the candidacy.

References: 1): Zou Jing "The Return of Rights and Roles", Renda Jianshe No1, 2004 [ LINK ]

2): Liu Zhiming and Fang Huahai "Some Thoughts about Improving the Structure of Local Representatives", 2006 [ LINK ]

Peer Review Comments: The government often restricts people from running for office on the village level. There is often a bias against non-party members.

16e: In practice, an opposition party is represented in the legislature.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The opposition party always has some influence on the proceedings of the legislature. The opposition party can introduce legislation or bring pending matters to a vote without the consent of the ruling party. <p>50 Score Criteria: The opposition party has influence on the proceeding of the legislature, but it is limited in scope. The opposition\'s ability to force votes or publicly debate certain topics may be limited. <p>0 Score Criteria: The opposition party has only token participation in the legislature\'s proceedings and cannot advance legislation or force a debate.$

Comments: No opposition party is allowed in Chinese politics.

References: 1):Xin Jing Bao "It Is Illegal to Organize Opposition Parties", [ LINK ]

2): White Book "The Development of Chinese Democratic Politics", News Agency of State Council, Oct. 19, 2005, [ LINK ]