Chapter Two Toward a More Open China? Jamie P.Horsley The People's Republic of China has joined the international move- ment toward greater government transparency,including making government records and decision making more accessible to its citi- zens.While China is very much aware of and indeed has drawn les- sons from this international trend,the primary motivating force is domestic dynamics. Transparency in China is in a transitional phase.Like many countries,China has a long tradition of government secrecy.The incremental progress toward greater information openness over the past twenty-five years was not triggered by a particular national crisis or scandal,as happened in the United States and Eastern Europe, although most changes in China during the late I97os and early I98os might well be attributed to a desire to prevent any repeat of the decade of lawlessness and destruction called the Great Proletar- ian Cultural Revolution of 1966-76.Instead,the transition toward greater transparency appears to have grown out of the confluence of an "open village affairs"movement that arose in the early I98os, natural pressures from rapid economic development,momentum 54 FLORINI CH02indd 54 3/2071:21:13PM
The People’s Republic of China has joined the international movement toward greater government transparency, including making government records and decision making more accessible to its citizens.1 While China is very much aware of and indeed has drawn lessons from this international trend, the primary motivating force is domestic dynamics. Transparency in China is in a transitional phase. Like many countries, China has a long tradition of government secrecy. The incremental progress toward greater information openness over the past twenty-five years was not triggered by a particular national crisis or scandal, as happened in the United States and Eastern Europe, although most changes in China during the late 1970s and early 1980s might well be attributed to a desire to prevent any repeat of the decade of lawlessness and destruction called the Great Proletarian Cultural Revolution of 1966–76. Instead, the transition toward greater transparency appears to have grown out of the confluence of an “open village affairs” movement that arose in the early 1980s, natural pressures from rapid economic development, momentum Chapter Two Toward a More Open China? Jamie P. Horsley 54 FLORINI CH 02.indd 54 3/2/07 1:21:13 PM
from the information technology revolution,and the demands of foreign trade and investment as reflected in China's 2ooI commit- ments to the World Trade Organization. China is planning for but does not yet have an information ac- cess law.General goals of greater governmental openness have been enunciated in national policy over more than a decade but have been carried out in a piecemeal fashion throughout the country.However, concepts such as the government's obligation to disclose informa- tion and the people's"right to know"are beginning to be translated into legal rights and obligations in experimental local legislation that should help institutionalize what the Chinese refer to as "open gov- ernment information." This chapter will discuss the development of open government information in China,as well as the prospects for further opening. Introduction to the Chinese Context China hosts the world's largest population,with approximately 1.3 bil- lion people living in an area slightly smaller than the United States. The People's Republic of China was founded on October I,1949,as a "dictatorship of the people"led by the Communist Party of China (the Party),which retains a monopoly on political power today. Following disastrous Party programs of collectivization and com- munization,and a chaotic decade of"Cultural Revolution"that left its economy and society in shambles,China adopted the "open door" policy in 1978 to increase foreign trade and selectively welcome for. eign investment in the formerly closed country.Since that time, market reforms have gradually replaced central planning,reducing the number and economic contribution of state-owned enterprises, increasingly supporting private enterprise,and lifting price controls on all but a handful of commodities.Today,some 6o percent of in- dustrial output is produced by nonstate enterprises,under what is termed a "socialist market economy."In 2002,the Party set a goal of turning China into a middle-income country with a"well off"popu- lation by 2020.Economic development remains the top priority. These reforms,which have made China's one of the fastest growing economies in the world,with a 9.8 percent rate of growth in 2005,have been accompanied by enormous social change.The TOWARD A MORE OPEN CHINA? 55 FLORINI CH02indd 55 3/2071:21:13PM
from the information technology revolution, and the demands of foreign trade and investment as reflected in China’s 2001 commitments to the World Trade Organization. China is planning for but does not yet have an information access law. General goals of greater governmental openness have been enunciated in national policy over more than a decade but have been carried out in a piecemeal fashion throughout the country. However, concepts such as the government’s obligation to disclose information and the people’s “right to know” are beginning to be translated into legal rights and obligations in experimental local legislation that should help institutionalize what the Chinese refer to as “open government information.” This chapter will discuss the development of open government information in China, as well as the prospects for further opening. Introduction to the Chinese Context China hosts the world’s largest population, with approximately 1.3 billion people living in an area slightly smaller than the United States. The People’s Republic of China was founded on October 1, 1949, as a “dictatorship of the people” led by the Communist Party of China (the Party), which retains a monopoly on political power today. Following disastrous Party programs of collectivization and communization, and a chaotic decade of “Cultural Revolution” that left its economy and society in shambles, China adopted the “open door” policy in 1978 to increase foreign trade and selectively welcome foreign investment in the formerly closed country. Since that time, market reforms have gradually replaced central planning, reducing the number and economic contribution of state-owned enterprises, increasingly supporting private enterprise, and lifting price controls on all but a handful of commodities. Today, some 60 percent of industrial output is produced by nonstate enterprises, under what is termed a “socialist market economy.” In 2002, the Party set a goal of turning China into a middle-income country with a “well off” population by 2020. Economic development remains the top priority. These reforms, which have made China’s one of the fastest growing economies in the world, with a 9.8 percent rate of growth in 2005, have been accompanied by enormous social change. The toward a more open china? 55 FLORINI CH 02.indd 55 3/2/07 1:21:13 PM
"iron rice bowl"of guaranteed employment and related social bene- fits for urban residents has been replaced with a market economy in which they must find or make their own jobs.Farmers are increas- ingly leaving the land to seek opportunities in the cities.Personal freedoms have expanded with the widespread loosening of social controls.Change has been supported by establishment of a rather sophisticated body of law adapted in many cases from successful models of other countries,although enforcement of these new laws remains problematic.Concepts of private property rights have grad- ually taken hold and were recognized in an amendment to China's constitution in March 2004.An accompanying amendment for the first time enshrined the notion of respecting and protecting human rights in China. While economic growth has lifted hundreds of millions of Chi- nese out of poverty over the past few decades,this has occurred pri- marily in the industrial eastern part of the country.The government admits there are at least 85 million rural residents who live on less than US$75 per year and cannot afford quality food,education,and health care.Pressing problems such as sharp rural-urban and re- gional disparities,environmental degradation,and rampant corrup- tion,which estimates value at some 3-5 percent of GDP,2 are giving rise to increasing social unrest.Concern over instability prompted the current leadership to focus on better-balanced and sustainable development rather than growth for its own sake,as well as on new mechanisms to help better manage change. Amid all this change,political reform has been modest.The Party,comprised of some 65 million members,or about 5 percent of the population,seeks to maintain tight control over policy formula- tion and implementation,and Party functionaries often concurrently hold government positions,creating what is commonly referred to as the Chinese "Party-state." Under China's constitution,all power belongs to the people,and state power is exercised by them through the National People's Con- gress(NPC)and local people's congresses at the provincial,county, and township levels.The State Council,China's Cabinet appointed by the NPC,is the highest executive body,overseeing the central ministries and the work of local governments.The people's courts, also answerable to the NPC,are part of the administrative structure. The standing committees of the congresses,not the courts at the 56 PART ONE:NATIONAL STORIES FLORINI CH02indd 56 3/2071:21:13PM
56 part one: national stories “iron rice bowl” of guaranteed employment and related social benefits for urban residents has been replaced with a market economy in which they must find or make their own jobs. Farmers are increasingly leaving the land to seek opportunities in the cities. Personal freedoms have expanded with the widespread loosening of social controls. Change has been supported by establishment of a rather sophisticated body of law adapted in many cases from successful models of other countries, although enforcement of these new laws remains problematic. Concepts of private property rights have gradually taken hold and were recognized in an amendment to China’s constitution in March 2004. An accompanying amendment for the first time enshrined the notion of respecting and protecting human rights in China. While economic growth has lifted hundreds of millions of Chinese out of poverty over the past few decades, this has occurred primarily in the industrial eastern part of the country. The government admits there are at least 85 million rural residents who live on less than US$75 per year and cannot afford quality food, education, and health care. Pressing problems such as sharp rural-urban and regional disparities, environmental degradation, and rampant corruption, which estimates value at some 3–5 percent of GDP,2 are giving rise to increasing social unrest. Concern over instability prompted the current leadership to focus on better-balanced and sustainable development rather than growth for its own sake, as well as on new mechanisms to help better manage change. Amid all this change, political reform has been modest. The Party, comprised of some 65 million members, or about 5 percent of the population, seeks to maintain tight control over policy formulation and implementation, and Party functionaries often concurrently hold government positions, creating what is commonly referred to as the Chinese “Party-state.” Under China’s constitution, all power belongs to the people, and state power is exercised by them through the National People’s Congress (NPC) and local people’s congresses at the provincial, county, and township levels. The State Council, China’s Cabinet appointed by the NPC, is the highest executive body, overseeing the central ministries and the work of local governments. The people’s courts, also answerable to the NPC, are part of the administrative structure. The standing committees of the congresses, not the courts at the FLORINI CH 02.indd 56 3/2/07 1:21:13 PM
same level,interpret the national or local laws,for example.The constitution further specifies that the Communist Party of China is the sole political party in power.Other political parties and nongov- ernmental or civic groups and associations are tightly regulated and subject to official approval and registration. The current constitutional structure provides for a four-tiered system of direct elections for deputies to people's congresses at the township and county levels,and indirect elections for the provincial and national people's congresses.The congresses at each level,rather than the populace at large,elect the government and judicial officials at the same level.Slates of candidates at all stages and all levels are largely controlled by the Party.The system as designed,lacking truly open,competitive,and direct elections,fosters vertical patron-client relations between the Party leaders at higher levels,who recommend the candidates for lower-level Party,congressional,government,and judicial positions,and horizontal accountability between local gov- ernment and judicial officials on the one hand and the congress and Party organization at the same level that actually elected them on the other.Consequently,congressional deputies and government of ficials have felt little sense of accountability to the people they os- tensibly represent,and the Chinese people have traditionally known little about their representatives and the matters they are handling, even though China's constitution calls on the people to "supervise" government work. Change is occurring,however.Since the early Ig8os,the Party has endorsed direct,competitive,and nonpartisan elections at the most local level of governance:in China's 660,ooo villages,where some 7oo million rural citizens live.While the Party recognizes that electing leaders at a very local level can foster greater trust and sta- bility,it is hesitant to introduce that practice at higher,more formal political levels,where candidates are less well known,issues become more complex,and voters are more likely to organize around differ- ent issues,building pressure to permit competing political parties to represent their interests.Stimulated by successful experience with the village election model,however,the Party is permitting limited experiments with more competitive(but nonpartisan)congressional and direct governmental elections at the township and county lev- els,as well as promoting directly elected urban community coun- cils.Elections within the Party itself are becoming more open and TOWARD A MORE OPEN CHINA? 57 FLORINI CH02indd 57 3/2071:21:13PM
toward a more open china? 57 same level, interpret the national or local laws, for example. The constitution further specifies that the Communist Party of China is the sole political party in power. Other political parties and nongovernmental or civic groups and associations are tightly regulated and subject to official approval and registration. The current constitutional structure provides for a four-tiered system of direct elections for deputies to people’s congresses at the township and county levels, and indirect elections for the provincial and national people’s congresses. The congresses at each level, rather than the populace at large, elect the government and judicial officials at the same level. Slates of candidates at all stages and all levels are largely controlled by the Party. The system as designed, lacking truly open, competitive, and direct elections, fosters vertical patron-client relations between the Party leaders at higher levels, who recommend the candidates for lower-level Party, congressional, government, and judicial positions, and horizontal accountability between local government and judicial officials on the one hand and the congress and Party organization at the same level that actually elected them on the other. Consequently, congressional deputies and government officials have felt little sense of accountability to the people they ostensibly represent, and the Chinese people have traditionally known little about their representatives and the matters they are handling, even though China’s constitution calls on the people to “supervise” government work. Change is occurring, however. Since the early 1980s, the Party has endorsed direct, competitive, and nonpartisan elections at the most local level of governance: in China’s 660,000 villages, where some 700 million rural citizens live. While the Party recognizes that electing leaders at a very local level can foster greater trust and stability, it is hesitant to introduce that practice at higher, more formal political levels, where candidates are less well known, issues become more complex, and voters are more likely to organize around different issues, building pressure to permit competing political parties to represent their interests. Stimulated by successful experience with the village election model, however, the Party is permitting limited experiments with more competitive (but nonpartisan) congressional and direct governmental elections at the township and county levels, as well as promoting directly elected urban community councils. Elections within the Party itself are becoming more open and FLORINI CH 02.indd 57 3/2/07 1:21:13 PM
competitive.Party policy purportedly supports the strengthening of what it refers to as "socialist democracy,"to better allow the people to make their will known and to supervise government-all under the leadership of the Party,however. What explains these changes?To oversimplify,the Party leader- ship seems to recognize that,in order to maintain the Party's legiti- macy,curb corruption,and address the complex issues of governance amid rapid development,the traditional model of governance must be adjusted.China's leaders acknowledge that a modernizing China requires a government that is efficient,law-abiding,and relatively open,one that facilitates,rather than controls,social and economic development and enjoys the trust of the people.To this end,the cur- rent leadership seeks to foster what the Party calls "political civiliza- tion,"which encompasses development of the "rule of law"and of certain more democratic mechanisms to implement the constitu- tional right and duty of Chinese citizens to serve as"masters of their country"and "supervise"government.Such mechanisms include, importantly,greater access to government information Development of Government Transparency in China From the Countryside to the City The current emphasis within the Party and government on greater openness of information and of government affairs generally trac- es its origins to the collectivization and commune ideology of the Party,with its legacy of farmer participation at the commune(now the village)level and expectations of transparency,especially in local finances.3 This tradition helped shape the more recent development of directly elected and selfgoverning villager committees and the related“open village affairs”program. Villagers spontaneously organized the first largely autonomous villager committees in I98o to manage communal properties and agricultural production.s The dismantling of the rural communes following the Cultural Revolution (1966-76)left a vacuum in po- litical,production,and community organization in China's vast and impoverished countryside below the township level,as well as a leg- acy of mistrust between farmers and Party cadres.Party leaders sup- 58 PART ONE:NATIONAL STORIES FLORINI CH02indd 58 3/2071:21:14PM
58 part one: national stories competitive. Party policy purportedly supports the strengthening of what it refers to as “socialist democracy,” to better allow the people to make their will known and to supervise government—all under the leadership of the Party, however. What explains these changes? To oversimplify, the Party leadership seems to recognize that, in order to maintain the Party’s legitimacy, curb corruption, and address the complex issues of governance amid rapid development, the traditional model of governance must be adjusted. China’s leaders acknowledge that a modernizing China requires a government that is efficient, law-abiding, and relatively open, one that facilitates, rather than controls, social and economic development and enjoys the trust of the people. To this end, the current leadership seeks to foster what the Party calls “political civilization,” which encompasses development of the “rule of law” and of certain more democratic mechanisms to implement the constitutional right and duty of Chinese citizens to serve as “masters of their country” and “supervise” government. Such mechanisms include, importantly, greater access to government information. Development of Government Transparency in China From the Countryside to the City The current emphasis within the Party and government on greater openness of information and of government affairs generally traces its origins to the collectivization and commune ideology of the Party, with its legacy of farmer participation at the commune (now the village) level and expectations of transparency, especially in local finances.3 This tradition helped shape the more recent development of directly elected and self-governing villager committees and the related “open village affairs” program.4 Villagers spontaneously organized the first largely autonomous villager committees in 1980 to manage communal properties and agricultural production.5 The dismantling of the rural communes following the Cultural Revolution (1966–76) left a vacuum in political, production, and community organization in China’s vast and impoverished countryside below the township level, as well as a legacy of mistrust between farmers and Party cadres. Party leaders supFLORINI CH 02.indd 58 3/2/07 1:21:14 PM
ported the advent of directly elected villager committees,hoping the system would promote stability and economic prosperity by allowing the people to choose leaders they trusted,by making those leaders directly accountable to their constituents,and by implementing a system of open village affairs,which emphasized financial disclo- sure on the part of the elected village leaders. Despite unevenness of implementation,the village open affairs and self-governance program was very popular among the people and higher-level officials where it was implemented well.By the late 199os,the"open village affairs"program was evolving into a broader "open government affairs"movement that was promoted in top-level Party and government policy documents.6 The adoption by the NPC in November 1998 of the permanent Organic Law on Villagers'Committees(the VC Law)?marked a sig- nificant advance in the institutionalization of more open governance at the village level.The VC Law requires directly elected villagers committees(VCs)to implement the"four democracies":direct demo- cratic election of VC members,democratic decision making through the villager assemblies comprised of all eligible voters,democratic management by the VCs,and democratic supervision by the villag- ers under new systems of "openness in village affairs."VCs must publish financial information,in particular,at least once every six months and guarantee the truthfulness of the information disclosed, as well as respond to inquiries from the villagers.Villagers refer to this disclosure system as the"Sunshine Project." In a March 1999 speech on villager self-rule,a vice premier de- scribed a growing rural concept of a"right to information"tied to economic development:"Following the deepening of rural reform and development of the market economy,farmers'thinking,con- cepts,and value orientation have undergone profound changes.Their sense of democracy and their sense of participating in the manage ment of economic and social affairs have constantly increased.And more and more they want to have the right to information,dialogue, and decision-making.They long for direct participation in making decisions on major affairs in the village and the management of vil- lage affairs."9 Meanwhile,in the cities,urbanites were increasingly leaving the "iron rice bowl"of guaranteed employment by the government or state-owned enterprises and institutions,which had included em- TOWARD A MORE OPEN CHINA? 59 FLORINI CH02indd 59 3/2071:21:14PM
toward a more open china? 59 ported the advent of directly elected villager committees, hoping the system would promote stability and economic prosperity by allowing the people to choose leaders they trusted, by making those leaders directly accountable to their constituents, and by implementing a system of open village affairs, which emphasized financial disclosure on the part of the elected village leaders. Despite unevenness of implementation, the village open affairs and self-governance program was very popular among the people and higher-level officials where it was implemented well. By the late 1990s, the “open village affairs” program was evolving into a broader “open government affairs” movement that was promoted in top-level Party and government policy documents.6 The adoption by the NPC in November 1998 of the permanent Organic Law on Villagers’ Committees (the VC Law)7 marked a significant advance in the institutionalization of more open governance at the village level. The VC Law requires directly elected villagers’ committees (VCs) to implement the “four democracies”: direct democratic election of VC members, democratic decision making through the villager assemblies comprised of all eligible voters, democratic management by the VCs, and democratic supervision by the villagers under new systems of “openness in village affairs.” VCs must publish financial information, in particular, at least once every six months and guarantee the truthfulness of the information disclosed, as well as respond to inquiries from the villagers. Villagers refer to this disclosure system as the “Sunshine Project.”8 In a March 1999 speech on villager self-rule, a vice premier described a growing rural concept of a “right to information” tied to economic development: “Following the deepening of rural reform and development of the market economy, farmers’ thinking, concepts, and value orientation have undergone profound changes. Their sense of democracy and their sense of participating in the management of economic and social affairs have constantly increased. And more and more they want to have the right to information, dialogue, and decision-making. They long for direct participation in making decisions on major affairs in the village and the management of village affairs.”9 Meanwhile, in the cities, urbanites were increasingly leaving the “iron rice bowl” of guaranteed employment by the government or state-owned enterprises and institutions, which had included emFLORINI CH 02.indd 59 3/2/07 1:21:14 PM
ployer-provided housing,schooling,medical treatment,and retire. ment benefits,to pursue entrepreneurship or work for the emerg- ing private sector.As their numbers swelled,and as concepts of property rights developed with the advent of private housing and business ownership,the demand for greater information relating to business and the economy as well as social services grew.Residents and businesses,for example,needed information on urban develop- ment plans in order to make decisions about where to invest in a new home or office building.10 The development of China's stock markets prompted the establishment of new information disclosure standards systems to promote greater corporate transparency. In the year 2o00,a detailed joint Party and State Council notice12 officially extended the open affairs program from the village to the township,which is the most basic level of formal government in China.The notice emphasized publicizing all financial affairs and making it "convenient"for the people to supervise the work of town- ship governments by providing more information and involving the people more in decision-making.Townships were instructed to set up public bulletin boards,much as was the practice in villages,and adopt other means to regularly communicate with the public.The notice further instructed the higher-level county governments to pre- pare for instituting"open government affairs"programs.By 2003, even the higher-level municipal governments were directed to imple- ment systems of open government affairs.13 Technological Stimulus While the substantive notions of government transparency were beginning to spread throughout the Chinese government,Chinese universities and agencies were constructing a technical platform that would support and further promote this transformation.In the early Io8os,the Chinese government took the first steps to use new information technologies such as computers and the Internet to make information more accessible throughout government itself, to strengthen the capacity to share information in support of gov- ernment-directed industrialization and economic development, and to make government more efficient.In December 1999,the Party established a Leading Group on National Informatization to 60 PART ONE:NATIONAL STORIES FLORINI CH02.indd 60 3/2071:21:14PM
60 part one: national stories ployer-provided housing, schooling, medical treatment, and retirement benefits, to pursue entrepreneurship or work for the emerging private sector. As their numbers swelled, and as concepts of property rights developed with the advent of private housing and business ownership, the demand for greater information relating to business and the economy as well as social services grew. Residents and businesses, for example, needed information on urban development plans in order to make decisions about where to invest in a new home or office building.10 The development of China’s stock markets prompted the establishment of new information disclosure standards systems to promote greater corporate transparency.11 In the year 2000, a detailed joint Party and State Council notice12 officially extended the open affairs program from the village to the township, which is the most basic level of formal government in China. The notice emphasized publicizing all financial affairs and making it “convenient” for the people to supervise the work of township governments by providing more information and involving the people more in decision-making. Townships were instructed to set up public bulletin boards, much as was the practice in villages, and adopt other means to regularly communicate with the public. The notice further instructed the higher-level county governments to prepare for instituting “open government affairs” programs. By 2003, even the higher-level municipal governments were directed to implement systems of open government affairs.13 Technological Stimulus While the substantive notions of government transparency were beginning to spread throughout the Chinese government, Chinese universities and agencies were constructing a technical platform that would support and further promote this transformation. In the early 1980s, the Chinese government took the first steps to use new information technologies such as computers and the Internet to make information more accessible throughout government itself, to strengthen the capacity to share information in support of government-directed industrialization and economic development, and to make government more efficient. In December 1999, the Party established a Leading Group on National Informatization to FLORINI CH 02.indd 60 3/2/07 1:21:14 PM
set policy in this area.A State Council Information Office was sub- sequently set up to carry out "informatization"policies,and it was decided to develop a government"Intranet"to build a database and share information. The initial emphasis of China's "E-government"program was on internal sharing of information among different agencies and vertically from the center to the localities to facilitate all kinds of government services and functions,including tax collection,foreign trade,and technological development,rather than providing greater information to the Chinese public.Through linking of databases,for example,tax authorities discovered that many companies that were registered with the industrial and commercial bureau had not reg- istered with them to pay corporate income tax.As the information database grew and technology advanced,this program established the technical platform for and a new norm of sharing more and more information.Central and local government agencies began making an ever-increasing amount of information about government func- tions and activities available and providing administrative services to the public over the Web.These new practices and changing attitudes toward the utility of a freer information flow spurred development of “open government affairs”programs.s The rapid spread of Internet use,buttressed by the prolifera- tion of Internet cafes for those without access to their own personal computers,extended the information revolution more and more to the ordinary citizen.As of mid-2006,roughly 13o million Chinese, or about ro percent of the population,were using the Internet'6 to access all kinds of information,including some held by their gov- ernment.Technology is clearly playing a large role in promoting the greater sharing of information in all sectors of government and so- ciety in China today. WTO Commitments China's accession agreements with the World Trade Organization (WTO)in December zooI added impetus to the movement toward greater openness by requiring the country,as part of an international commitment with other member countries,to make trade-related rules and requirements transparent.China agreed to only enforce TOWARD A MORE OPEN CHINA? 61 FLORINI CH02indd 61 3/2071:21:14PM
toward a more open china? 61 set policy in this area. A State Council Information Office was subsequently set up to carry out “informatization” policies, and it was decided to develop a government “Intranet” to build a database and share information. The initial emphasis of China’s “E-government” program was on internal sharing of information among different agencies and vertically from the center to the localities to facilitate all kinds of government services and functions, including tax collection, foreign trade, and technological development, rather than providing greater information to the Chinese public. Through linking of databases, for example, tax authorities discovered that many companies that were registered with the industrial and commercial bureau had not registered with them to pay corporate income tax.14 As the information database grew and technology advanced, this program established the technical platform for and a new norm of sharing more and more information. Central and local government agencies began making an ever-increasing amount of information about government functions and activities available and providing administrative services to the public over the Web. These new practices and changing attitudes toward the utility of a freer information flow spurred development of “open government affairs” programs.15 The rapid spread of Internet use, buttressed by the proliferation of Internet cafés for those without access to their own personal computers, extended the information revolution more and more to the ordinary citizen. As of mid-2006, roughly 130 million Chinese, or about 10 percent of the population, were using the Internet16 to access all kinds of information, including some held by their government. Technology is clearly playing a large role in promoting the greater sharing of information in all sectors of government and society in China today. WTO Commitments China’s accession agreements with the World Trade Organization (WTO) in December 2001 added impetus to the movement toward greater openness by requiring the country, as part of an international commitment with other member countries, to make trade-related rules and requirements transparent. China agreed to only enforce FLORINI CH 02.indd 61 3/2/07 1:21:14 PM
those laws,regulations,and other measures that have been published and are widely available;make those measures available to WTO members before they are enforced,absent emergency conditions; designate an official journal for the publication of relevant legal and policy documents;provide an opportunity to comment before mea- sures are implemented;and establish one or more inquiry points where requesters can obtain information within thirty to forty-five days.Standard WTO rules do not generally require that its members establish inquiry points or provide a public comment period before a trade measure can be implemented.These commitments were spe- cifically negotiated with China in order to compel changes in China's underlying legal system to facilitate greater transparency.17 China's leaders at all levels take these accession agreements seri- ously,conscious also that review mechanisms have been established under the WTO to monitor China's compliance.They have orga- nized extensive training sessions throughout the country and study tours abroad to investigate means of implementing government transparency.WTO transparency obligations are constantly cited by Chinese reformers in support of efforts to promote greater infor- mation disclosure and open government.Implementation of these commitments is less than perfect,s but transparency at all levels of Chinese government is improving. LEADERSHIP SUPPORT Although the drive for greater transparency,especially in financial matters,most notably derived from China's farmers,they do not appear to have lobbied for change in any organized or well-artic. ulated manner.Indeed,Chinese law and policy prohibit citizens from forming issue-oriented associations without official approval and do not provide clear channels for input into the policy process. The Chinese experience differs,then,from that of diverse countries like India,Peru,and Romania,where grassroots activism played an important and public role in bringing about access to information legislation.19 Although social organizations,including business as- sociations and consumer and environmental groups,may well be engaged in pressing for more openness,information on any such activities is not readily available.Instead,it appears that China's 62 PART ONE:NATIONAL STORIES FLORINI CH02.indd 62 3/2071:21:15PM
62 part one: national stories those laws, regulations, and other measures that have been published and are widely available; make those measures available to WTO members before they are enforced, absent emergency conditions; designate an official journal for the publication of relevant legal and policy documents; provide an opportunity to comment before measures are implemented; and establish one or more inquiry points where requesters can obtain information within thirty to forty-five days. Standard WTO rules do not generally require that its members establish inquiry points or provide a public comment period before a trade measure can be implemented. These commitments were specifically negotiated with China in order to compel changes in China’s underlying legal system to facilitate greater transparency.17 China’s leaders at all levels take these accession agreements seriously, conscious also that review mechanisms have been established under the WTO to monitor China’s compliance. They have organized extensive training sessions throughout the country and study tours abroad to investigate means of implementing government transparency. WTO transparency obligations are constantly cited by Chinese reformers in support of efforts to promote greater information disclosure and open government. Implementation of these commitments is less than perfect,18 but transparency at all levels of Chinese government is improving. leadership support Although the drive for greater transparency, especially in financial matters, most notably derived from China’s farmers, they do not appear to have lobbied for change in any organized or well-articulated manner. Indeed, Chinese law and policy prohibit citizens from forming issue-oriented associations without official approval and do not provide clear channels for input into the policy process. The Chinese experience differs, then, from that of diverse countries like India, Peru, and Romania, where grassroots activism played an important and public role in bringing about access to information legislation.19 Although social organizations, including business associations and consumer and environmental groups, may well be engaged in pressing for more openness, information on any such activities is not readily available. Instead, it appears that China’s FLORINI CH 02.indd 62 3/2/07 1:21:15 PM
academic and political leadership at various levels has spearheaded the movement for greater information openness in and beyond China's villages. As gleaned from Party and government policy statements and academic writings,the leadership's motivation to move toward greater openness turned on a combination of pragmatic goals: to involve a wider spectrum of the public in making increasingly complex policy decisions and laws to support China's drive for eco- nomic development,to curb rampant corruption with its negative economic and social consequences,to establish new mechanisms to ensure social stability and build trust in government,and to com- ply with China's transparency commitments in its zooI WTO ac- cession agreements. The leader most associated with China's modern economic re- form process,Deng Xiaoping,as early as 1984 endorsed the develop- ment of information resources to serve modernization.20 His vision and support boosted China's embrace of information technology. "Informatization,"the technological side of open information,is now a strategic priority in China's Tenth Five-Year Economic Plan (2002-07)and is recognized as key to achieving modernization. Deng's successor,Jiang Zemin,developed leadership support of the "open government affairs"program,first introducing the con- cept officially in his report to the Isth National Party Congress in 1997.21 He subsequently stressed the need to "keep the people in- formed"and strengthen "openness in government,factory and vil- lage affairs,"as well as "citizens'participation in political affairs in an orderly manner,"in his report to the 16th National Party Con- gress in November 2002.2 Jiang and the Party thus set the necessary policy framework for greater access to government information and decision-making processes.State Council Premier Wen Jiabao,who is responsible for carrying out Party policy through government ac. tion,then called specifically,in his government work report to the annual meeting of the National People's Congress (NPC)in March 2004,to establish a system of "open government information"and to increase transparency of government work,in order to keep the people informed so they can exercise supervision over government work.2 Thus,by the spring of 2004.China's government leaders were talking explicitly about the importance of institutionalizing open government information (OGI). TOWARD A MORE OPEN CHINA? 63 FLORINI CH02indd 63 3/2071:21:15PM
toward a more open china? 63 academic and political leadership at various levels has spearheaded the movement for greater information openness in and beyond China’s villages. As gleaned from Party and government policy statements and academic writings, the leadership’s motivation to move toward greater openness turned on a combination of pragmatic goals: to involve a wider spectrum of the public in making increasingly complex policy decisions and laws to support China’s drive for economic development, to curb rampant corruption with its negative economic and social consequences, to establish new mechanisms to ensure social stability and build trust in government, and to comply with China’s transparency commitments in its 2001 WTO accession agreements. The leader most associated with China’s modern economic reform process, Deng Xiaoping, as early as 1984 endorsed the development of information resources to serve modernization.20 His vision and support boosted China’s embrace of information technology. “Informatization,” the technological side of open information, is now a strategic priority in China’s Tenth Five-Year Economic Plan (2002–07) and is recognized as key to achieving modernization. Deng’s successor, Jiang Zemin, developed leadership support of the “open government affairs” program, first introducing the concept officially in his report to the 15th National Party Congress in 1997.21 He subsequently stressed the need to “keep the people informed” and strengthen “openness in government, factory and village affairs,” as well as “citizens’ participation in political affairs in an orderly manner,” in his report to the 16th National Party Congress in November 2002.22 Jiang and the Party thus set the necessary policy framework for greater access to government information and decision-making processes. State Council Premier Wen Jiabao, who is responsible for carrying out Party policy through government action, then called specifically, in his government work report to the annual meeting of the National People’s Congress (NPC) in March 2004, to establish a system of “open government information” and to increase transparency of government work, in order to keep the people informed so they can exercise supervision over government work.23 Thus, by the spring of 2004, China’s government leaders were talking explicitly about the importance of institutionalizing open government information (OGI). FLORINI CH 02.indd 63 3/2/07 1:21:15 PM
