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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Anti-Corruption Agency
Indicators		Score
71	In law, is there an agency (or group of agencies) with a legal mandate to address corruption?	100
72	Is the anti-corruption agency effective?	39
73	Can citizens access the anti-corruption agency?	25

Indicator and sub-Indicator Details

In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

71: In law, is there an agency (or group of agencies) with a legal mandate to address corruption?

Score:

YES

Comments:

References: 1): The Anti-Corruption and Anti-Bribery Bureau, established by The Supreme Peoples Procuratorate of the Peoples Republic of China 2): Central Disciplinary Committee 3): Ministry of Supervision

Is the anti-corruption agency effective?

72a: In law, the anti-corruption agency (or agencies) is protected from political interference.

Score:

YES

Comments:

References: The anti-corruption agencies in China are either part of the central committee of China's Communist Party, or an organ under The Supreme Peoples Procuratorate of the Peoples Republic of China

Peer Review Comments: One basic fact must be born in mind that all the public agencies and government organs are under the leadership of the CPC.

72b: In practice, the anti-corruption agency (or agencies) is protected from political interference.

Score:

100

Comments:

References: 1): Ding Huan-xiang, Wang Hai-liang and Chen Li-feng "Thinking on the Operation of Juridic Institution of the Anti-Corruption BureauThrough the Analysis of ICIC and Its Features of Operation", Journal of Political Science and Law, No. 1, 2007

2): "The New State Anti-Corruption Bureau of China Can Buy Experience from ICAC of Hong Kong", Chendu Daily, March 21, 2007

Peer Review Comments: I don't believe there is any protection from legal interference.

72c: In practice, the head of the anti-corruption agency (or agencies) is protected from removal without relevant justification.

Score:

100

Comments: The anti-corruption agency is controlled by the central government.

References: 1): "The Head of the Anti-Corruption Agency Should Be Shifted" 21st Centuary Economic Report, Nov. 6, 2004 [ LINK ]

2): Yang Danna "New Anti-Corruption Measures" South Monthly, July 1, 2007 [ LINK ]

Peer Review Comments: I don't believe the CCP needs justification to remove someone from office.

72d: In practice, appointments to the anti-corruption agency (or agencies) are based on professional criteria.

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

4): Interview with Prof. Yu Dazhang, Chinese Academy of Social Sciences, July 19, 2007, at the office

Peer Review Comments: All appointees have clear political loyalties to the CCP.

72e: In practice, the anti-corruption 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 ]

72f: In practice, the anti-corruption agency (or agencies) receives regular funding.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a predictable source of funding that is fairly consistent from year to year. Political considerations are not a major factor in determining agency funding. <p>50 Score Criteria: The agency (or agencies) has a regular source of funding, but may be pressured by cuts, or threats of cuts to the agency budget. Political considerations have an effect on agency funding. <p>0 Score Criteria: The agency\'s funding sources are unreliable. Funding may be removed arbitrarily or as retaliation for agency actions.$

Comments: In China, the anti-corruption agencies are funded by the local governments. The funding is subject to cuts.

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 ]

72g: In practice, the anti-corruption agency (or agencies) makes regular public reports.

Score:

100

Comments: Each year, the anti-corruption agency (an affiliation of the prosecutor's office) must report to the National People's Congress. Its reports are available, although these reports may not be so clear and detailed. However, like in the listed source above, the NPC begins to use voting machines. The possibility that the reports are rejected is pretty high.

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

72h: In practice, the anti-corruption agency (or agencies) has sufficient powers to carry out its mandate.

Score:

100

Comments:

References: 1): Ding Huan-xiang, Wang Hai-liang and Chen Li-feng "Thinking on the Operation of Juridic Institution of the Anti- corruption BureauThrough the Analysis of ICIC and Its Features of Operation", Journal of Political Science and Law, No. 1, 2007

2): "The New State Anti-Corruption Bureau of China Can Buy Experience from ICAC of Hong Kong", Chendu Daily, March 21, 2007

Peer Review Comments: I don't think the agency has the power to always carry out its mandate, and certainly not in the case of high ranking officials or their family members.

72i: In practice, when necessary, the anti-corruption agency (or agencies) independently initiates investigations.

Score:

100

Comments:

2): "The New State Anti-Corruption Bureau of China Can Buy Experience from ICAC of Hong Kong", Chendu Daily, March 21, 2007

Can citizens access the anti-corruption agency?

73a: In practice, the anti-corruption agency (or agencies) acts on complaints within a reasonable time period.

Score:

100

Comments:

References: 1): "Complaints Go Nowhere" The Beijing News, June 21, 2007 [ LINK ]

2): Wang Peirong "Corrupt Officials Are Not Afraid of Whistleblowers" Fan Fubai, Feb 27, 2006 [ LINK ]

73b: In practice, citizens can complain to the anti-corruption agency (or agencies) without fear of recrimination.

Score:

100

Comments:

References: 1): "One Woman Was Physically Harmed Due To Whistleblowing Corrupt Officials" Legal Weekly, May 7, 2007 [ LINK ]

2): Wen Nuanxin "Do You Fear Whistleblowing?" Renmin Wang, 2006 [ LINK ]

Peer Review Comments: Whistle blowers often face harsh punishments, including imprisonment. In the case of one company that bribed a senior official to approve new drugs without going through actual testing, the whistle blower was put in jail.