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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	48
54	Can citizens access the reports of the ombudsman?	67

Indicator and sub-Indicator Details

In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

52: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments:

References: Ministry of Supervision of PRC

Peer Review Comments: Chinese citizens have two ways to file complaints when their personal rights have been infringed upon by civil servants or administrative organs. They can file lawsuits and settle their complaints in courts or they can report their complaints to a local supervisory organ or to a higher-level supervisory organ. According to the Law of the People's Republic of China on Administrative Supervision, supervisory organs are established at or above the county level. Supervisory organs are organs that exercise the function of supervision on behalf of the people's governments, supervising administrative organs and public servants of the State and other persons appointed by administrative organs of the State. The supervisory organ under the State Council is in charge of supervision throughout China and local supervisory organs at or above the county level exercise supervision over local governments and civil servants. Civil servants can appeal to the supervisory organ at the same level or to a higher-level supervisory organ.

Suggested other references 1. Administrative Procedure Law of the People's Republic of China [ LINK ] 2. Law of the People's Republic of China on Administrative Supervision [ LINK ] 3. Implementing Regulation for the Law of the Peoples Republic of China on Administrative Supervision [ LINK ]

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Law Of the People's Republic of China on AdministrativeSupervision

Peer Review Comments: Supervisory organs with similar functions do exist in China but they are under the leadership of the CPC.

Suggested other references 1. Law of the People's Republic of China on Administrative Supervision [ LINK ] 2. Implementing Regulation for the Law of the People's Republic of China on Administrative Supervision [ LINK ]

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments:

References: 1): Mei Lihong "The Change of China's Disciplinary System", Study Times, April 2007

2): Cheng Longke, "Chinese Style Disciplinary System", Beijing Daily, May 14, 2007

Peer Review Comments:

Peer Review Comments: Refer to comment in 53a.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: 1): Mei Lihong "The Change of China's Disciplinary System", Study Times, April 2007

2): Cheng Longke, "Chinese Style Disciplinary System", Beijing Daily, May 14, 2007

Peer Review Comments: Refer to comment in 53a.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: 1): "China Has 36,000 Anti-Corruption Officials" Procuratorial Daily, Oct. 24, 2006 [ LINK ]

2): Wu Haili "Some Views on Preventing Corruption" Jiangxi Yufangwang, 2005 [ LINK ]

Peer Review Comments: Refer to comment in 53a.

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: 1): "Chongqing Pengshui Poet Case", Southern City News, Oct. 19, 2006

2): Pan Wei "Party Controls Officials: A Model Needs Reforming", Phenix Weekly, No 157, 2004

3): Lian Yanhui "Analysis on Party Controlling Officials", Officials' Forum, No 7, 2005

Peer Review Comments: Refer to comment in 53a.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: 1): "China's Anti-Corruption Agency: Still in Progress" Youth Information March 2, 2004 [ LINK ]

2): Sun Xuejiang "On The Reorganization of Anti-Corruption Agencies and Prevention Agencies" July 20, 2007 [ LINK ]

Peer Review Comments: Refer to comment in 53a.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: There are many agencies to handle the complaints and relevant issues of citizens, such as letters office, court, disciplinary committee, etc. In most cases, citizens turn to the higher level government. In each year's congress season, these agencies will submit reports to various levels of the National People's Congress. In recent years, in some cases, these reports have been rejected. This is a change, because in the past NPR applied only rubber stamps.Of course, we must be aware that these reports are usually not complete and detailed.

References: 1): "Taizhou Court and Prosecutor's Report Were Almost Rejected" Southern Net, April 5, 2007 [ LINK ]

Peer Review Comments: Refer to comment in 53a.

53h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

References: 1): "Shangxi Disciplinary Committee Decides to Investigate the Slavery Brick Factory" China News Agency June 22, 2007 [ LINK ]

2): "Central Disciplinary Committee Initiates Investigations on Shenzhen Judges" Southern City News, Nov. 7, 2007 [ LINK ]

Peer Review Comments: Refer to comment in 53a.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

References: 1): "Shangxi Disciplinary Committee Decides to Investigate the Slavery Brick Factory" China News Agency June 22, 2007 [ LINK ]

2): "Central Disciplinary Committee Initiates Investigations on Shenzhen Judges" Southern City News, Nov. 7, 2007 [ LINK ]

Peer Review Comments: Supervisory organs with similar functions do exist in China but they are under the leadership of the CPC. When necessary, supervisory organs initiate investigations and can issue administrative penalties on offenders, but the relevant administrative personal departments execute such administrative penalties. However, supervisory organs have to hand the offenders over to the judiciary for criminal prosecutions.

Suggested references 1. Law of the People's Republic of China on Administrative Supervision [ LINK ] 2. Implementing Regulation for the Law of the People's Republic of China on Administrative Supervision [ LINK ]

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politicalally sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman reports are often ignored, or given superficial attention. Ombudsman reports do not lead to policy changes.$

References: 1): Wang Keqing, Liu Sikun "1359 complaints in the Past six Years from Yongquan Village, Daqing" China Rural Areas Research Network Working Paper, 2007 [ LINK ]

2): A comment made by Prof. Sun Liping on complaints [ LINK ]

Peer Review Comments: Refer to comment in 53 i.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

References: 1): Wang Keqing, Liu Sikun "1359 complaints in the Past six Years from Yongquan Village, Daqing" China Rural Areas Research Network Working Paper, 2007 [ LINK ]

2): A comment made by Prof. Sun Liping on complaints [ LINK ]

Peer Review Comments: Refer to comment in 53 i.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

References: Chapter 2 of The Decree on Government Information Openness

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

References: 1): Wang Keqing, Liu Sikun "1359 complaints in the Past six Years from Yongquan Village, Daqing" China Rural Areas Research Network Working Paper, 2007 [ LINK ]

2): A comment made by Prof. Sun Liping on complaints [ LINK ]

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

References: 1): "Why Is It So Difficult to Access Government Information", Procuratorial Daily June 12, 2006

2): "Violating the Right to Information by the Excuse of Sensitivity" Xinhua Daily, Nov. 16, 2006