Fostering Modern Governance

Better Governance Capabilities

Mo Jihong， research fellow at the Institute of Law， Chinese Academy of Social Sciences， holds that comprehensive and efficient coordination of social relations is the essence of state governance， and that rule of law is the hallmark of a modern governance system. In line with modern governing capabilities， this includes the ability to cope with emergencies like natural disasters， to defend national sovereignty， security and interests in the international arena， as well as to build a harmonious society wherein the people live a peaceful and affluent life. An institutionalized and standardized legal system is an important guarantee and key indicator of a modern governance system and capabilities.

Wang Yukai， a professor at the Chinese Academy of Governance， is of the opinion that the ability of the central government to run the country at a lower cost is a yardstick for a modern governance system. For this reason， government departments need to confine the size of their staff to a moderate level， improve policy-making and enforcement capacities to meet the demands of social and economic development， and maximize their informationization in the interests of safeguarding information security.

Modernizing China’s governing system and capabilities is also vital to an appropriate relationship between the government and the market. For decades， China’s market economy has been defined as one in which the government enacts stewardship and the public sector constitutes the majority amid the coexistence of diverse ownerships. Things have changed in the 35 years since inception of the country’s opening-up and reform policy. The Third Plenary Session of the 18th CPC Central Committee concluded that the market would play a decisive role in the allocation of resources， so heralding an era of “bigger market and smaller government.” The government will shed some of its powers and functions to become “small，” but will nevertheless grow more potent and capable. This greater power will be apparent in better performance in serving the public and comprehensive governance instead of overriding the market. In fact， positive changes are underway in this regard. Over the past year， the central government has either abolished or decentralized 300 or more items requiring administrative approval. And Premier Li Keqiang stated on several occasions that China will press on with reforms in a manner that shows the pluck of certain ancient warriors who would chop off a mortally wounded limb rather than allowing it to worsen and jeopardize their lives.

Public Expectations on Strengthening Judicial Construction

Commentators generally believe that carrying forward modernization of the state governing system and capacities is a complicated and comprehensive process at both political and economic levels. It involves deepening reforms in such key sectors as the fiscal and taxation system， and integration of urban and rural development. It also emphasizes systematic control and supervision of power， and a creative social administration system. Wang Liming， vice president of Renmin University of China and distinguished jurist， holds that deepening judicial reform is an important link in the process.

The plenary session proposed that constructing a law-based China entails deepening judicial reform， accelerating construction of a fair， efficient and authoritative socialist judiciary， and safeguarding people’s rights and interests. We must maintain the authority of the Constitution and laws， deepen reform on admin-istration of law enforcement， defend procuratorial and judicial authority that can be exercised independently， fairly and aligned with the law， and improve operation of judicial power and the judicial protection of human rights. Strengthening judicial construction is the public’s new expectation.

In fact， China called for further reform of its judiciary last year， to ensure that judicial and procuratorial organs exercise their power independently， fairly and according to the law. Last October， the Supreme People’s Court published the Suggestions on Strengthening a Fair Judiciary and Continuously Increasing Judicial Credibility. One chapter of the document is devoted to exercising independent judicial power according to the law. It explicitly demands the guarantee of parties’ free expression， of respect for their rights of choice in civil procedures， and of timely response to parties’ applications and questions.

In addition， the plenary session explicitly set out to “improve judicial protection of human rights.” Although human rights protection was included in the Constitution during revisions in 2004， this is the first time the proposal has been raised to improve judiciary protection of human rights at a CPC Central Committee plenary session.

Professor Xu Yaotong of the Chinese Academy of Governance said： “Human rights have been written into the Constitution. We should respect and protect every citizen’s human rights from violation. It is also necessary to guarantee these rights in the law and judiciary system.”

Let the People Supervise Power

The plenary session proposed that the people govern through institutions， and that the people supervise power and its transparent operation. Encompassing power within institutions is a radical solution. We must form a scientific and effective mechanism to restrict and coordinate power， and systematically strengthen institutional innovation and guarantee in the interests of anti-corruption. This implies that anticorruption should rely on institutions， supervision and power restriction.

Professor Zhou Shuzhen from the Party History Department of Renmin University of China said that， since the 18th CPC National Congress in November 2012， there have been many systematic and institutional innovations with regards to anti-corruption.“Taking the existing inspection system as an example， inspections are both more stringent and unprecedentedly transparent. This is also true of the reporting system. The Commission for Discipline Inspection of the Central Committee of the CPC has opened a special reporting zone on its official website. Moreover， this commission has now been demystified into one that allows ordinary people to see exactly how it works.”

“Letting people supervise power” is an important principle of anti-corruption， said Zhang Xixian， professor of the Party Construction Teaching and Research Department of the Party School of the CPC Central Committee. It includes supervision by the People’s Congress， letters from the people， and online reporting. Li Chengyan， head of the Research Center for Clean Government Construction at Peking University， said that detailed anti-corruption measures are expected to be released at the plenary session of the Commission for Discipline Inspection of the CPC Central Committee early next year.

As to the direction of future reform， Zhang Xixian believes that supervision should be institutionalized and legislated， and that the country should guarantee multiple channels whereby citizens supervise power.

Coping with Exterior Challenges

The plenum clearly stated that China is to set up a national security committee to improve the nation’s security system and strategy and safeguard national security.

Along with the opening-up of China， exterior challenges are becoming more complicated. This requires better foreign policy planning and coordination.

Zhang Guoqing， expert at the Institute of American Studies， Chinese Academy of Social Sciences， pointed out that China has faced prominent security challenges in recent years. They include those from neighboring countries like Japan as well as from international terrorism and Internet security. These challenges pose a key issue for China. We need a special department that coordinates forces to systematically and efficiently cope with multifarious security threats， in the interests of safeguarding national security and interests， as well as economic and social development.

Jin Canrong， deputy dean of the School of International Studies at Renmin University of China， said that the international community is expecting China to play a bigger role， and advocates the “China responsibility” theory. But exactly what responsibilities should be taken should be decided by an organization like the proposed national security committee.

Zhang Guoqing believes that upon establishment of the committee， China will upgrade Chinese think tanks and the think tank system， which will play an important role in emergency response to national security issues.