| 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? | 65 |
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: This law does not expire and it has brought stronger and stronger requirements on government agencies to disclosure information. References: Regulations of Disclosing Government Information was passed by the 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: According to this article, citizens can appeal to authorities if the right of access to government information is denied. References: Article 33 of the Decree of Government Information Disclosure passed by China's State Council [ 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: Citizens can request government records through the Information Opening Office. According to the law governing access to information, these requests should be acknowledged and reason should be given in cases where they are denied. References: Articles 15 and 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: On average, this response should be within 15 days. If exceptions happen, the government should provide an explanation, according to the law. References: 1. Unirule Center for Governance Studies, "The Chinese Public Governance Indicators," Unirule Studies, 2008. 2. Xinhua News Agency, "China Protects the Information Rights of the Public," April 30, 2008. [ LINK ]
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: In China, government records can be retrieved at reasonable costs. Much information is available on website. Only some should require some petition, or visit some specific govenment agencies. References: 1. Unirule Center for Governance Studies, "The Chinese Public Governance Indicators," Unirule Studies, 2008. 2. Xinhua News Agency, "China Protects the Information Rights of the Public," April 30, 2008. [ LINK ]
Peer Review Comments: Online government information is available and it costs little to gain access in designated areas.
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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: According to the law, relevant agencies must respond to appeals immediately. If extra time is required, approval from the director of the agency is needed, and the applicants must be informed. The maximum delay cannot exceed 15 working days. References: 1, Chen Jiaxing, "From Weng'an event to look at information disclosure," Renmin Wang, July 4, 2008. [ LINK ] 2, Yuan Yang, "A case study of Haidian government information disclosure," Di Yi Cai Jing Ri Bao, June 11, 2008. [ LINK ]
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: For the costs, in most cases, people can find information on government official website. In some situations, one need visit government offices. It costs some. But in most cases, there is no need to bribe officials just to obtain not-classified information. References: 1, Chen Jiaxing, "From Weng'an event to look at information disclosure," Renmin Wang, July 4, 2008. [ LINK ] 2, Yuan Yang, "A case study of Haidian government information disclosure," Di Yi Cai Jing Ri Bao, June 11, 2008. [ LINK ]
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: There is still a gap. Agencies sometimes give vague reasons. References: 1, Chen Jiaxing, "From Weng'an event to look at information disclosure," Renmin Wang, July 4, 2008. [ LINK ] 2. Yuan Yang, "A case study of Haidian government information disclosure," Di Yi Cai Jing Ri Bao, June 11, 2008. [ LINK ]
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