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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	30
19	Are elections systems transparent and effective?	42

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: The standing committee of the People's Congresses at various levels can supervise elections.

Peer Review Comments: Although there is no independent election monitoring agency in China, election committees are established to conduct the election of deputies to the people's congresses in cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns. In cities not divided into districts, municipal districts, counties and autonomous counties, election committees are also established but under the leadership of the standing committees of the people's ongresses at the corresponding levels. The election committees of townships and below are also under the leadership of the standing committees of the people's ongresses above the correspondent levels. Therefore, the Standing Committee of the National People's Congress and the standing committees of the people's congresses at various levels direct and monitor deputy elections. Suggested other reference: Electoral Law of the People's Republic of China on the National People's Congress and Local People's Congresses [ LINK ]

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments:

References: No such monitoring agency exists.

Peer Review Comments: Election committees are set up at various levels of government and direct and monitor deputy elections. They are under the leadership of the Standing Committee of the National People's Congress and the standing committees of the people's congresses at various levels. However, they are all under the leadership of the CPC.

Suggested other reference: Electoral Law of the People's Republic of China on the National People's Congress and Local People's Congresses [ LINK ]

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments: In China, there is no specific elections monitoring agency. However, voters can go to court or appeal to People's Congress at various levels. Thus, for this section, the People's Congress is referred to as the election monitoring agency.

References: 1): Cong Yaping "Social Transition and the Qualifications of Representatives" Xinhua Wang, March 12 , 2005 [ LINK ]

2): "The Quality of Representatives Is Improving" Guangming Daily, March 8, 2006 [ LINK ]

Peer Review Comments: I believe appointments are made based on political considerations.

Peer Review Comments: The Standing Committee of the National People's Congress and the standing committees of the people's congresses at various levels control appointments to these election committees. And since the CPC members are the majorities in the assembly, the makeup of the election committees does not support their independence.

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments: As far as People's Congress is concerned, the number of representatives is settled according to the law.

References: In China, there is no specific elections monitoring agency. However, voters can go to court or appeal to People's Congress at various levels. Thus, for this section, the People's Congress is referred to as the election monitoring agency.

Peer Review Comments: Although the election committees are under the leadership of the CPC, they are staffed by full-time professionals.

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments:

References: Wu Jianyi, "On Disclosing National People's Congress" Social Science Research, No.3, 2001

Tian Biyao, "The Evolution of People's Congress", Renmin Daily, March 17, 2004

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments: People's Congress and its standing committee in various levels should supervise elections. However, the People's Congress is held once a year and cannot effectively do its job.

References: 1): Zhu Yingping "Judiciary Sector Should Be Involved in Elections Monitoring" China Elections May 2006 [ LINK ]

2): Wang Weixing "Enhancing Prosecutor's Power and People's Congress' Supervision Capacity" Zhongguo Jiancha Wang, Aug. 2, 2007 [ LINK ]

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments:

References: 1): Tang Min "Several Law Issues on Voters Registration in Villages Committee Election--A Comparative Analysis on One Aspect of Provincial Villages Committee Election Rules" The Journal of Huazhong Normal University, No 1, 2004

2): "Suspecting the Voters Registeration Rigged, One Candidate Withdrew" Nanfang City News, Sept. 27, 2006 [ LINK ]

Peer Review Comments: There is no popular election system in China.

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments:

References: Chapter 15 of the Procedural Law of People's Republic of China

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments:

References: 1): Zhao Xicheng, Zhang Denglian, " The Diagnosis and Policy Suggestion Concerning Elections at Village Level", (Second prize for Elections and Autonomy in the village level paper contests.) Sun Qinghai, 2003 [ LINK ]

2): "Should Complainters Be Jailed?" a special report by Xinhua News Agency [ LINK ]

3): The verdict concerning Mr. Huang Jianhua suing Long Chuan Government's mispractice in elections, Sept. 20, 2005, [ LINK ]

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments: In the Chinese context, military forces and security forces are strictly controlled by the Communist Party of China. The military forces actively participate in electing leaders, unofficially supporting or opposing leaders. Although there is no serious action taken by the military to support or oppose one leader, a 50 score is given based on the consideration that military and security forces in China are not neutral and independent.

References: 1): Zong Chengkang "Opposing the Nationalization of Army" Liberation Army Newspaper, June 19, 2007 [ LINK ]

2): Fulfilling Army's Role in the New Century, Qiushi Magazine, July 16, 2007

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: No such laws exist.

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: Interview Prof. Yu Dazhang, Prof at Chinese Acadmy of Social Sciences, July 16, at the office

Peer Review Comments: Some international agencies, such as the Carter Center, are welcome to observe village elections.