China
Chinese democracy addresses people's concerns and wishes
By Lu Yan  ·  2024-09-30  ·   Source: NO.40-41 OCTOBER 3, 2024
A meeting soliciting suggestions on a law on customs duties at the legislative outreach office in Yiwu in January (COURTESY PHOTO)
About four years ago, Yang Xien, a lawyer with Zhejiang Hongtaiyang Law Firm in Yiwu, Zhejiang Province, submitted suggestions for a draft amendment to China's Criminal Law when public feedback was solicited. To her surprise, two out of the three suggestions she had made were incorporated into the new amendment, which was adopted in late 2020 and took effect on March 1, 2021.

"Even though I knew that ordinary people could put forward suggestions on the country's legislation, seeing the feedback was accepted was still a delightful surprise," Yang told Beijing Review.

She has been dedicated to conveying public voices so that they can be reflected in government decision making, in addition to her daily work. "Democracy is about making sure that as many public concerns as possible are heard and that as many people as possible participate in policy making," Yang said.

Passion for participation 

China has a multilayered system of people's congresses, or legislative bodies, existing at the township, county, city, provincial and national levels. According to the Constitution and the Election Law, the deputies to the township and county-level people's congresses are directly elected by their constituents, while the deputies to the higher-level people's congresses are elected by the congresses at the next level down.

The National People's Congress (NPC), China's top legislature, is composed of deputies elected from the provinces, autonomous regions, cities under direct Central Government administration, special administrative regions, and the armed forces. These deputies have both decision-making responsibilities and the duty to convey suggestions from their communities. 

As a deputy to the people's congress of Yiwu since 2016, Yang has served as a bridge between ordinary citizens and the legislative bodies. Whenever a draft law is released for public consultation, she actively seeks input from a diverse range of people.

For example, in early 2021, during the public consultation period for the draft law on protecting the lawful rights and interests of physicians, Yang visited local hospitals to gather opinions from medical professionals. The draft stated that physicians could organize and join physicians' associations according to the law. However, the medical workers Yang consulted suggested that, in addition to physicians' associations, they should also be able to participate in other related industry organizations and academic groups. Ultimately, they were pleased to see their suggestion incorporated into the law adopted in August of that year.

In addition to face-to-face discussions with the public, Yang also gathers opinions through her social media accounts and informal conversations. People can share their concerns or suggestions regarding governance or government performance at any time, not just about new laws. Yang collects all the feedback and then submits it to the local people's congress for further consideration.

"I've witnessed a transformation—people who used to come in to complain have made constructive suggestions, and people who used to doubt their opinions would be heard have realized that their voices had been heard. This inspires deputies like me to do a better job in conveying suggestions from my community," Yang said.

"Laws are meant to serve the people, rather than to control them. We must ensure that the public, who are the true participants in the country's governance, have a voice," she added.

Moreover, legislative consultants and deputies to people's congresses at various levels, who come from diverse social sectors, are also responsible for popularizing and interpreting the laws and regulations so that "people understand and use them to protect their rights," Yang said.

Deputies and consultants do not receive salaries. They serve on a part-time basis and maintain their regular jobs while fulfilling their responsibilities. "I have found a passion for serving the people. Their satisfaction is an invaluable asset that motivates me to strive for continuous progress," Yang concluded.

Yang Xien a lawyer and legislative consultant in Yiwu Legislative Outreach Office, explains aspects of Chinese law to primary school students at her office in Yiwu, Zhejiang Province, in April 2023 (COURTESY PHOTO)

A Network 

Chinese President Xi Jinping first put forward the concept of "whole-process people's democracy" during an inspection tour of Shanghai in 2019. Its essence is that people get to discuss their own affairs to reach the greatest common ground based on the wishes and needs of the entire society.

In contrast to the Western model, where democracy and elections are frequently equated, whole-process people's democracy truly integrates law-based democratic elections, consultations, decision making, management, and oversight through a series of laws and institutional arrangements. The concept of whole-process people's democracy is a result of the creative evolution and development of the wisdom of political philosophy in traditional Chinese culture.

Adhering to the principle of whole-process people's democracy in legislation, the NPC Standing Committee has established several channels to boost people's participation in lawmaking, including legislative outreach offices.

Local legislative outreach offices, established across the country, connect the NPC, the highest state organ of power, with ordinary people at the primary level.

In 2015, the Legislative Affairs Commission of the NPC Standing Committee established its first batch of local legislative outreach offices, starting in the city of Shanghai, and the provinces of Hubei, Jiangxi and Gansu. Their number has now reached 45 and continues to grow. There are over 10,630 supporting institutions for these outreach offices, including more than 5,630 for legislative information collection. This has created multiple channels for the public to voice their opinions on legislation and policy, including through universities, businesses and the financial sector.

As of April, primary-level legislative outreach offices had gathered nearly 27,900 public opinions on draft laws. Of these, more than 3,200 suggestions were adopted in the legislative research and drafting process, significantly advancing the formulation and amendment of a series of important laws, such as the Civil Code and the Individual Income Tax Law.

Moreover, the legislative outreach offices play an important role in the popularization of legal affairs and knowledge, as well as improving the public's legal awareness.

As international exchange becomes closer, these legislative outreach offices are becoming an important platform for people from all around the world to learn about China's development path, governance and democracy. Many such offices have established specialized teams to collect legislative proposals from expats, publicize laws related to foreign affairs, and mediate disputes related to foreign entities.

In July 2020, a legislative outreach office was established in Yiwu. One of the city's shop owners Xu Xiaobao summed up the value the offices deliver, saying, "Whenever we have good ideas, we come to talk with deputies, consultants and other staff members. The interaction makes me genuinely feel I am participating in the democratic legislative process."

So far, the legislative outreach office in Yiwu has collected and submitted over 3,900 opinions and suggestions, of which more than 200 have been adopted.

(Reporting from Yiwu, Zhejiang Province) 

(Print edition title: Platforms for Empowerment) 

Copyedited by G.P. Wilson 

Comments to luyan@cicgamericas.com 

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