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2008 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	57
57	Can citizens access the reports of the ombudsman?	83

Indicator and sub-Indicator Details

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

55: 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: 1. Ministry of Supervision of China. 2. Administrative Procedure Law of China. 3. Law on Administrative Supervision.

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Law on Administrative Supervision.

Peer Review Comments: In law, the ombudsman is protected from all political interference, except interference from the leadership of the Communist Party of China (CPC) is inevitable, in practice.

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: There is no independent national ombudsman. The existing equivalent agencies are controlled by the party.

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.

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: The ombudsman is connected to and reliant on the party.

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.

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: 1. Tian Gang, "The effective measure to control corruption," Ban Yue Tan, Oct. 29, 2007. [ LINK ] 2. China established "National Bureau of Corruption Prevention" in December 2007.

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: In China, all new government employees must pass written exams, and only those who perform exceptionally well advance to take oral exams. This is strictly enforced.

References: 1. "China's public servants system is improving," Fazhi Daily, Oct. 10, 2007. [ LINK ]

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments: In China, government budgets do not change dramatically from year to year. Generally, they grow annually.

References: 1. Fa Xuan, "A review of Qinghai's anti-corruption activities," Qinghai News, June 3. 2008. [ LINK ] 2. China established "National Bureau of Corruption Prevention" in December 2007.

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments:

References: 1. "The Chinese Public Governance Indicators," Unirule Center for Governance Studies, April 30, 2008. [ LINK ]

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

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

Comments: There are many examples. Most recently, in a tragedy in the Shanxi mining fields, the death toll the local government reported to the central government was less than 10. However, a journalist proved that it was higher than 30. Thus, the central government established an ad hoc group, composed of officials from different agencies, disciplinary and the court, to investigate this case and the corruption involved. These agencies are able to initiate investigations, but generally rely on some external pressure, such as media coverage or the order from central government, before acting.

References: 1. Xi Mingqiang, "On supervising judges," Beida Yinghua, June 2008. [ LINK ] 2. Qiao Xinsheng, "Introducing jury system to monitor judges," Jin Yang Wang, 2007. [ LINK ]

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

In this case, penalties are still pending, but that is because any conduct in covering casualties is extremely serious. The most recent progress of this case is that the Supreme Procurorate is directing a team composed of many government agencies to investigate this case. The head of this team said in the press conference that the main mission of this ad hoc committee was to calculate the exact number of casualties and identify corrupt officials.

References: 1. Xi Mingqiang, "On supervising judges," Beida Yinghua, June 2008. [ LINK ] 2. Qiao Xinsheng, "Introducing jury system to monitor judges," Jin Yang Wang, 2007. [ LINK ]

Peer Review Comments: Such national ombudsman agencies as the Communist Party of China (CPC) Central Disciplinary Committee and the State Council Supervisory Organ may impose political and administrative penalties on offenders, but they must hand over criminal offenders to the judiciary for criminal charges.

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

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

Comments: There is no national ombudsman. But there are several agencies with similar responsibilities.

References: 1. Deng Haijian, "To Make Audit Reports Really Accountable," Guangzhou Daily, July 23, 2007. 2. Bi Ke, "Expecting accountability campaign after audit campaign," Yan Zhao City News, June 28, 2007. [ LINK ] 3. Wang Keqing, Liu Sikun "1359 complaints in the Past six Years from Yongquan Village, Daqing," China Rural Areas Research Network Working Paper, 2007. [ LINK ]

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments: See National Ombudsman Sub-Indicator 56h. The national ombudsman generally acts on citizens' complaints if the complaints are strong enough, and there are enough complaints.

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: There are many agencies to handle complaints and relevant issues of citizens, such as the letters office, court and disciplinary committee. In most cases, citizens turn to higher-level government. These agencies will submit reports to various levels of the National People's Congress.

References: Chapter 2 of The Decree on Government Information Openness.

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments:

References: 1. Shan Dan, "Studies on government information disclose," Degree Thesis, 2007. [ LINK ] 2. Provisions of China on the Disclosure of Government Information, valid through May 1, 2008.

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: 1. Shan Dan, "Studies on government information disclose," Degree Thesis, 2007. [ LINK ] 2. Provisions of China on the Disclosure of Government Information, valid through May 1, 2008.