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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
29	Can members of the legislature be held accountable for their actions?	33
30	Are there regulations governing conflicts of interest by members of the national legislature?	4
31	Can citizens access the asset disclosure records of members of the national legislature?	0
32	Can citizens access legislative processes and documents?	83

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

29a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments:

References: According to the constitution, China's People's Congress is responsible for amending, revising and enacting laws. The judiciary sector will work under NPC's leadership. The judiciary can only interprete laws enacted by NPC.

29b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments:

References: 1): Yang Xingyi A Comparison Study between America and China's Judiciary Review Systems, published by China Court on Dec.13, 2006

2):Ji Weidong On the Function of Highest Court, published by Law Thinker, November 2006

29c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments:

References: Chapter 5 of the Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels prescribes that members of national legislature are subject to criminal proceedings.

Are there regulations governing conflicts of interest by members of the national legislature?

30a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments: The majority of the members of national legislature are government officials. Just like there are no requirements for disclosing officials' assets, national legislature members are not subject to any law of the kind.

References: There are no such laws.

30b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments: In China, legislators are not professional legislators, they are officials, peasants, workers, entreprenures, which means that actually many well-known entreprenures are legislators.

References: There are no such laws.

30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: Members of the national legislature are not professional congressmen, but entreprenures, officials, scholars, etc.

References: No such laws exist.

30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments:

References: No such laws exist.

30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments:

References: 1): Zhang Houyi, "Private Entreprenures in the New Century", Chinese Academy of Social Sciences, Institute of Sociology Working Paper, January 2007, [ LINK ]

2): Dong Wei, "A New Era for Private Entreprenures" China Youth Daily, Jan. 10, 2006 [ LINK ]

30f: In practice, the regulations governing gifts and hospitality offered to national legislators 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: Although there is neither law nor regulations governing gifts and hospitality offered to national legislators, they are not full-time legislators and are working either in state-funded political and civil organizations, government organs, state-owned enterprises, private and joint-venture companies, or as self-employed workers. Therefore, they are still subject to such laws and regulations as Criminal Law of the People's Republic of China, Civil Servant Law of the People's Republic of China, Regulation on the Punishment of Civil Servants of Administrative organs, and Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments. However, it is much more complicated to prosecute a legislator.

Suggested other references: 1. Criminal Law of the People's Republic of China [ LINK ] 2. Civil Servant Law of the People's Republic of China [ LINK ] 3. Regulation on the Punishment of Civil Servants of Administrative organs [ LINK ] 4. Regulations on the Punishment of Leaders at Various Levels Giving and Receiving Cash, Negotiable Securities, and Payment Instruments [ LINK ]

30g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments:

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

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

3): Kong Shangguang "Assets Discloure Is Still up in the Air", China Value [ LINK ]

Can citizens access the asset disclosure records of members of the national legislature?

31a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

Comments: Asset disclosure is required by people, however rejected by government.

References: No such laws exist.

31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period.

Score:

100

Comments:

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

31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

Comments:

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

Can citizens access legislative processes and documents?

32a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments:

References: Article 18 of Rules of Procedure for the National People's Congress of the People's Republic of China

32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

Comments: The records of the National People's Congressare compiled into "Gazette of the Standing Committee of the National Peoples Congress of the Peoples Republic of China" and can be obtained via internet. [ LINK ]

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

32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: The records of the National People's Congress are compiled into "Gazette of the Standing Committee of the National Peoples Congress of the Peoples Republic of China" and can be obtained via internet. [ LINK ].

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