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To cite this article: Joseph Y. S. Cheng & Fan Li (2013) Index of Democratization in China,
Journal of Comparative Asian Development, 12:2, 187-211, DOI: 10.1080/15339114.2013.820591
Joseph Y. S. CHENG*
Political Science
City University of Hong Kong, Hong Kong
Fan LI
Director
World and China Institute, Beijing, China
Abstract
I. Introduction
* Correspondence concering this article may be addressed to the author, at: rcccrc@cityu.edu.hk
1 For example, the research done by Professor Larry Diamond of Stanford University, the
measurement tools developed by Freedom House, USA, and the Final Report (in Chinese) of
the International Co-operation Project of Measuring China’s Progress toward Democracy,
which was sponsored by the Executive Yuan, Mainland Affairs Council, Taipei, Taiwan and
released in March 2009.
Index of Democratization in China 189
Calculation of Score
Ten marks are given to each position; and the score assigns a 30% weight to
the institutional aspect and a 70 per cent weight to the reality aspect,
because an obvious gap often exists in China between the institution on
law and the actual implementation.
Regarding the sub-topics, a weight is often attached. Hence the calcu-
lation of scores will have to take into consideration the weights attached
(see Table 1)
To ensure a high measure of standardization, the 12 experts were
offered the following guidelines for assessment:
Weight Weight
Category Topic Attached Sub-topic Attached
(Continued )
Index of Democratization in China 191
Table 1. Continued
Weight Weight
Category Topic Attached Sub-topic Attached
some cases, the implementation exceeds the original legal and insti-
tutional stipulations but meets the international standards on democ-
racy, civil rights and the rule of law;
4-6: In many aspects and in many areas, related implementation has been
carried out, and in practice has met the international standards on
democracy, civil rights and the rule of law;
7-10: The legal and institutional stipulation has all been implemented, and
has met the international standards on democracy, civil rights and the
rule of law.
The scores for the 2009 and 2010 surveys are summarized in Table 2.
As shown in Table 2, in 2009 the detailed scores of the Index of Democra-
tization in China were 1.41 for elections, 3.7 for accountability, 3.34 for the
rule of law, and 2.82 for civil rights. Elections were the category with the
lowest score, which reflected that in China at this stage, not only were there
severe restrictions in electoral reform, there was also no breakthrough in
actual implementation. Citizens’ electoral rights were not protected in a fair
and legal manner, and citizens had no part to play in the election of government
192
Table 2 Scores of 2009 and 2010 According to Categories, Topics and Sub-topics
193
194 Journal of Comparative Asian Development
leaders. Not too many categories of elections, e.g. those of professional organ-
izations, are available, and there are considerable gaps between electoral prac-
tices in China and those in accord with international conventions.
The score for civil rights in 2009 is 2.82, which is not high. The score
for economic development rights manages to raise the score for the entire
category, and it reflects objectively the rapid economic development in
China in the era of economic reforms and opening to the external world
as well as raising the living standards for the vast majority of the population.
Scores for the other two topics: freedom of expression and freedom of
assembly and forming associations are quite low. Though the current Con-
stitution has made relevant provisions, these civil and political rights have
not been well implemented and protected.
The score for accountability is 3.7 and is the highest among the four
categories, and that for the rule of law is 3.34, the second highest. There
have been some reforms in these two areas, but the overall performance
was still inadequate, far below the recognized international standards.
Though no previous surveys are available for comparison, based on the
survey results in 2009 and on practical experiences, the author believe that
the overall democratization situation in China in 2009 was in retrogression.
However, because of the development and strengthening of civil society, the
people had been exerting pressure in the government regarding specific
issues, forcing it to engage in reforms, hence some progress had been
made in the categories of accountability and the rule of law. While the
current situation offers no cause for optimism, on the whole, the door for
democratization has not been shut.
In the 2010 survey, the score for elections declined from 1.41 to 1.22, that
for civil rights dropped a little from 2.82 to 2.68, and that for accountability
fell considerably from 3.7 to 2.99, while that for the rule of law improved
from 3.34 to 3.35. The scores on the whole reflect the tightening of control
and the deterioration of the democratization process in China since 2008.
1. Elections
1.1.1 Does every citizen enjoy the right to take part directly in public
affairs or through representatives freely chosen?
Index of Democratization in China 195
1.1.2 Does every citizen enjoy the right to elect and be elected in
genuine elections at regular intervals? These elections should
be based on universal and equal suffrage by secret ballot to
ensure the free expression of the electors’ will.
2. Accountability
2.1.1 Does the NPC have constitutional powers, and can it fully exer-
cise them?
2.1.2 Does the NPC have the power to interpret the Constitution, and
can it fully exercise it?
2.1.3 Does the NPC have the power to legislate, and can it fully exer-
cise it?
2.1.4 Does the NPC have the power to monitor other branches of gov-
ernment, and can it fully exercise it?
2.1.5 Does the NPC have power over the government’s personnel
matters, and can it fully exercise it?
2.1.6 Does the NPC have power over the government budget, and can
it fully exercise it?
2.5.1 Does the government have related laws and regulations to facili-
tate its release of information to the public to the greatest extent?
2.5.2 Does the public have the right to demand access to information
related to the functioning of the government?
200 Journal of Comparative Asian Development
3.2.1 Does the state offer the victims of corruption appropriate mech-
anisms to restore the exercise of their own rights?
3.2.2 Is there any protection for citizens against torture by state
officials? Are there effective sanctions in cases where torture is
found to have occurred?
3.2.3 Are government officials and members of the governing party
prosecuted for abuse of power and illegal activities?
3.2.4 When citizens’ rights have been violated by the authorities, are
there adequate legal provisions for them to effectively petition
and seek redress?
3.2.5 Are bribes and other incentives needed to secure from govern-
ment officials the essential legal documents or other government
actions to travel, change one’s place of residence or employment,
enter schools or institutions of higher education, or operate
private enterprises?
3.3.1 Are all persons treated equally before the courts and tribunals?
3.3.2 Does the state ensure equal rights for men and women in their
exercise of all civil and political rights?
3.3.3 Does the state adopt measures, including legislation, to amend or
abolish existing laws, regulations, customs and practices that
constitute discrimination against women?
3.3.4 Do women face de jure and de facto discrimination in economic
and social matters, including property and inheritance rights,
divorce proceedings and child custody matters?
202 Journal of Comparative Asian Development
3.4.9 In the pre-trial stage, are the defendants and the detained given
humane treatment and treated in a way that is respectful of
their human dignity?
3.4.10 Are prisoners given humane treatment and the guarantee that
their human dignity would be respected? Are they free from inhu-
mane treatment by prison officers or bullies?
3.4.11 Are defendants given a fair, public and timely trial by a compe-
tent, independent and impartial court?
3.4.12 After receiving a guilty verdict, do the defendants have the right
to appeal?
3.4.13 Are people protected from long-term detention exceeding the
effective legal limit without trial?
3.4.14 Is violence against women (including wife-beating and rape)
widespread? Are the perpetrators brought to justice?
3.4.15 Does the state adopt measures to prevent trafficking in women
and children?
3.4.16 Does the state protect citizens from abuse by individuals or non-
state actors?
3.4.17 Does migration within the country require permission from the
authorities?
3.4.18 Are there restrictions on foreign travel, including the use of an
exit visa system, which may be issued selectively?
3.4.19 Are the authorities free from arbitrarily denying the right of
nationals to enter their own country?
3.4.20 Does the government determine or otherwise influence a person’s
identity category and place of employment?
3.4.21 Is the population subjected to physical harm, forced removal or
other acts of violence and terror due to social conflict or civil war?
3.4.22 Does the government determine the number of children that a
couple may have?
3.4.23 Does the government engage in financial sponsorship of reli-
gious, cultural and ethnic education and impose related restric-
tions on personal freedoms?
3.4.24 Do private institutions (including religious groups) unduly
infringe on the rights of individuals, including the choice of mar-
riage partners, dress code, etc.?
3.4.25 Are people protected from their life being taken away?
3.4.26 Are people before adulthood (18 years old and below) protected
from the death penalty?
204 Journal of Comparative Asian Development
3.5.1 Does the state give everyone the absolute right to own property?
Does the state fully enforce property rights and contracts? Does
the state protect its citizens from arbitrary or unjust deprivation
of their property rights (for example, the state unjustly revokes
citizens’ property entitlements for government use or to pursue
its political agenda)?
3.5.2 Is the management of property rights determined by the owners
themselves?
3.5.3 Are people legally allowed to establish and operate private enter-
prises with a reasonable minimum of registration, licensing and
other requirements?
3.5.4 Are people legally allowed to establish and sell land and other
property, and can they do so in actual practice without undue
interference from the government or non-governmental actors?
3.5.5 Do private individuals or non-state actors (including criminal
groups) impede private business activities through such measures
as extortion, blackmail, etc.?
3.5.6 Does the government award appropriate and prompt compen-
sation for any appropriated land?
3.5.7 Does the state protect individuals’ spiritual and material benefits
derived from their scientific, literary or art works?
Index of Democratization in China 205
4. Civil Rights
4.1.1 Is there any guarantee that people will be free from hunger?
4.1.2 Is there any guarantee that everyone will have the right to ade-
quate food, clothing and accommodation, and can continuously
improve his/her living conditions?
4.1.3 Does the state recognize that everyone has the right to attain the
highest feasible standards in physical and mental health?
4.1.4 Is there any guarantee that everyone when he/she is sick will
secure a minimum standard of free medical care?
4.1.5 Is there any guarantee that everyone has the right to enjoy social
security (e.g., pension, medical insurance)?
4.1.6 Is there any guarantee that everyone has the right to enjoy public
holidays and reasonable work hours?
4.1.7 Are there clear stipulations that women and men enjoy equal pay
and working conditions for the same kind of work?
4.1.8 Are there clear stipulations that working mothers are given paid
leave or leave with appropriate social security benefit payments?
4.1.9 Does the state recognize that everyone has the right to education,
and nine years of free education?
4.1.10 Does the state encourage or promote basic education for those
who have not received or have not completed primary education?
4.2.1 Does the state (through the Constitution and national legislation)
protect the right of news coverage and the release of information
on the part of the domestic media?
4.2.2 Does the state (through the Constitution and national legislation)
protect the right of news coverage and the release of information
on the part of the foreign media?
4.2.3 Does the government directly or indirectly censor print, broadcast
or Internet-based media?
4.2.4 Do journalists face censorship from the government, especially
when reporting on politically sensitive issues, including corrup-
tion or the activities of senior government officials?
206 Journal of Comparative Asian Development
4.2.5 Does the government use libel and security laws to punish those
media which scrutinize government officials and their policies
through fines, imprisonment, etc.?
4.2.6 Are the majority of print and electronic media privately owned?
Are their editorial and news coverage functions free and do not
suffer from excessive attention from the owners?
4.2.7 If the media are dependent on the government’s financial support,
does it control funding to promote in its propaganda, accord pri-
ority to the release of official points of view, or limit access for the
opposition forces to coalesce and for the public to criticize?
4.2.8 Does the government attempt to influence media content and
access through various means including politically motivated
awarding of broadcast frequencies and newspaper registration,
unfair control over printing facilities and distribution networks,
selective distribution of advertising, prohibitive taxes and fees,
and even bribery?
4.2.9 Are journalists threatened, arrested, imprisoned, beaten or killed
by the government or non-governmental actors for their legiti-
mate journalistic activities? And if such cases occur, are they
investigated and prosecuted fairly and expeditiously?
4.2.10 Are journalists and the media outlets able to form professional
associations functioning on their own?
4.2.11 Does the state (Constitution and national legislation) protect the
right of the public to have access to the Internet and its use?
4.2.12 Does society enjoy free access to and use of the Internet? Is diver-
sity of opinion available through online sources, and does the
government make no attempt to control the Internet?
4.2.13 Does the government offer the public Internet channels the
opportunity to understand political affairs and reflect their views?
4.2.14 Does the public enjoy a diverse selection of print and electronic
sources of information, at both national and local levels, that rep-
resent a range of political viewpoints?
4.2.15 Do Internet users easily expose their genuine identification
through government investigation? Are Internet activities free
of fear that they may lead to violation of personal rights?
4.2.16 Are Internet information flows free from government monitoring
or control?
Index of Democratization in China 207
4.3.1 Does the state (Constitution and national legislation) protect the
right of religious beliefs?
4.3.2 Are registration requirements employed by the government to
impede the free functioning of religious institutions?
4.3.3 Does the government deliberately establish or support specific
religious organizations, and interfere in their personal structures
and funding sources?
4.3.4 Does the government appoint or otherwise influence the appoint-
ment of religious leaders?
4.3.5 Does the government control the production and distribution of
religious books, various religious materials, and the content of
religious preaching?
4.3.6 Is the construction of religious buildings banned or restricted?
4.3.7 Are members of religious groups, including minority faiths and
movements, harassed, fired, arrested or suppressed by the auth-
orities for engaging in their religious practices?
4.3.8 Does the government place undue restrictions on religious edu-
cation? Does the government make demands on religious edu-
cation?
4.3.9 Do religious organizations have the right to take part freely in
international religious activities?
4.4.1 Does the state recognize everyone’s right to take part in cultural
activities?
4.4.2 Are works of literature, art, music and other forms of cultural
expression censored or banned for political purposes?
4.4.3 Are the resources for cultural expression (art circles, cultural
parks, publication industry, etc.) controlled by the government?
Does the government attempt to interfere in cultural expression
for political purpose (for example, setting certain entry require-
ments)?
4.4.4 Do participants in cultural activities have the right to engage in
free co-operation with their counterparts in foreign activities?
208 Journal of Comparative Asian Development
4.5.1 Does everyone have the right to express his/her views freely,
including the freedom of securing, accepting and transmitting
all types of information and ideas, irrespective of national bound-
aries, and irrespective of whether in oral, written, printed form,
adopting artistic forms or through the choice of any other
medium?
4.5.2 Are people able to engage in private discussions, particularly of a
political nature (in places including restaurants, public transport
and their own homes) without fear of harassment and arrest by
the authorities?
4.5.3 Does the state effectively protect political opponents or other
peaceful activists?
4.5.4 Is it a crime to insult the honour and dignity of leading cadres or
government officials? How broad is the range of such prohibi-
tions, and how vigorously are they enforced?
4.5.5 Does the government employ people or groups to engage in
public surveillance, and to report alleged anti-government talk
to the authorities?
4.5.6 Does the government attempt to monitor the articulation of views by
individuals (e.g. tapping telephones, opening private letters, etc.)?
Index of Democratization in China 209