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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	50
25	Is the executive leadership subject to criminal proceedings?	100
26	Are there regulations governing conflicts of interest by the executive branch?	31
27	Can citizens access the asset disclosure records of the heads of state and government?	0
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: Citizens can use the Administrative License Law of the Peoples Republic of China to sue the government.

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments:

References: 1): Jiao Yang "Establishing Government News Briefing Mechanism" Center for International Communication Studies of Tsinghua University, 2007

2): "Government News Briefing Practices Are Improving" Duiwai Dachuanbo, Nov. 13, 2006 [ LINK ]

Peer Review Comments: The party leaders almost never give any reasons or explanations for any policies.

Peer Review Comments: The chief executives usually give reasons for their policy decisions through the government news briefing mechanism. They will have to explain their reasons for their policy decisions in their reports to the people's congresses at each level.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: In China, there is no judiciary review system or constitutional court, but this does not mean that judiciary has no right to review actions of the executive. It is called "min gao guan" (citizens sue the officials).

References: The Administrative Procedure Law of the P. R. China, recognizes the right of the judiciary to review the actions of the executive.

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: Judiciary will not aggressively get involved in cases with the government as defendents. However, citizens do have such rights and in the past 17 years over 1 million such cases went through the formal court system.

References: To understand the increase of min gao guan cases, see Liaowang Magazine from April 22, 2006. [ LINK ]

Peer Review Comments: The judiciary does not independently review the actions of the executive.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

References: 1): "Abolishing Executive Orders To Establish Rule of Law in China" Xinhua News, March 27, 2007 [ LINK ]

2): "China Will Examine 'Red Head Documents'" China Youth Daily, March 22, 2007 [ LINK ]

Peer Review Comments: The legislature is basically a rubber stamp. It never opposes any legislation set by the party.

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: In constitution, the heads of state and government can be dismissed from the office by the National People's Congress. However, in practice such cases rarely happen.

References: Article 5 of the Constitution and Criminal Procedure Law of the People's Republic of China

Peer Review Comments: The heads of state and government can be prosecuted for crimes they commit according to Article 5 of the Constitution and Criminal Procedure Law of the People's Republic of China. Prosecution against the 'Gang of Four' in November 1980 following the Great Cultural Revolution is a good example in point.

Suggest other references: 1. Constitution of the People's Republic of China [ LINK ] 2. Criminal Procedure Law of the People's Republic of China [ LINK ] 3. The Whole Story of the Criminal Trial of the Gang of Four [ LINK ]

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: Last year, nine ministerial-level officials were prosecuted.

See report by the head of Highest Court [ LINK ]

References: Ministerial-level officials are subject to the Criminal Law of People's Republic of China.

Peer Review Comments: Yes, I agree with the score but wish to suggest other references:

1. Constitution of the People's Republic of China [ LINK ] 2. Criminal Procedure Law of the People's Republic of China [ LINK ]

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: In 1995, the Rule on the Income Diclosures was enacted, but it is only dealing with salary and honorarium, which are very transparent because they are dependent on the ranks. However, the most important part is about officials' assets. There are no such laws to require officials to disclose their total assets.

References: There are no such laws.

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

References: No laws in China require ministerial-level officials to disclose their assets.

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: Rules about Cadres Accepting Gifts, Stocks and Coupons enacted by Central Disciplinary Committee in 2001.

Peer Review Comments: The English translation of the social scientist's reference missed something and I would like to suggest another English version: Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments. [ LINK ]

Suggested other reference: Regulation on the Punishment of Civil Servants of Administrative Organs [ LINK ]

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: An Auditing Law exists, but ministers and heads of state and government are not subject to this law.

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: After leaving government, officials can not take certain private positions that present a conflict of interest and must technically wait several years before accepting such positions.

References: The Civil Servants Law, valid since Jan.1, 2006 prohibits civil servants to take a part-time job with payment.

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: A 25 score is given because, 1, there are no documented records that heads of government took jobs in firms, although it is absolutely possible that their relatives are doing business with improper help from them; 2, for the lower rank officials, the regulations on post-government employment in private sector is not effective. The regulations are rarely enforced.

References: 1): "Red Hat Entreprenuers" Jiangsu News Sept. 28, 2004 [ LINK ]

2): "To Prohibit Red Hat Entreprenuers" China Newsweek, March 29, 2004 [ LINK ]

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

References: 1): He Chengjjun and Liu Xia "Gifts Is One Form of Corruption" Gansu Economic Daily, March 9, 2005 [ LINK ]" target="_blank">[ LINK ]

2): Cheng Baoku "60 Percent of Respondents Don't Trust Anti-corruption on Gifts and Hospitality" China Youth Daily, Aug. 21, 2006 http://www.gansudaily.com.cn/20050309/456/2005309A02306001.htm

Peer Review Comments: I don't see any reason to imagine that in practice this rule is effective; it's highly unlikely that this is the case considering the widespread corruption among senior officials and close family members.

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: It is a serious issue in China. Many researchers and activisits advocate for initiating assets disclosures rules. However, it was not integrated into the Civil Servants Law, valid since Jan.1, 2006.

References: 1): Law Professors Suggest Assets Disclosure Should Be Integrated into Law, Feb. 5, 2005 [ LINK ]

2): Prof. Sang Yucheng Assets Disclosure Is More Important in Curbing Corruption, published on Wenhui Bao, Feb.8, 2002 [ LINK ]

3): Kong Shanguang Assets Discloure Is Still up in The Air, published on China Value [ LINK ]

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments:

References: There are no such regulations requiring the heads of state and government to disclose their assets.

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: Assets Disclosure was actually denied by legislators when drafting Civil Servants Law. Legislators thought that it was not the time to initiate assets disclosure policies.

References: 1): "When to Initiate Assets Disclosure? " China Youth Daily Nov.2, 2006

2): Cai Xuebin and Luo Xiaoguang "On Perfection of China's Property Declaration System" Journal of Guangxi Economic Management Cadre College, issue 4, 2005

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: Assets Disclosure was actually denied by legislators when drafting Civil Servants Law. Legislators thought that it was not the time to initiate assets disclosure policies.

References: 1): "When to Initiate Assets Disclosure? " China Youth Daily Nov.2, 2006

2): Cai Xuebin and Luo Xiaoguang "On Perfection of China's Property Declaration System" Journal of Guangxi Economic Management Cadre College, issue 4, 2005

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: This is a striking characteristic of Chinese politics which needs reforming.

References: 1): Sun Guohua "On the Relationship between Party and Executive Branches," published by China Jurisdiction Research, August, 2005, [ LINK ]

2): Several Issues Concerning Rule of Law, Published by Study Times, October 2005