Institutions of Democratic Governance
The following is a translation prepared by The China Law Center, Yale Law School, of the Regulations of the People's Republic of China on Open Government Information, issued by the State Council on April 5, 2007. The Chinese text was retrieved from the Xinhua Web site on April 24, 2007.
Regulations of the People’s Republic of China on Open Government Information
(Adopted by the State Council on April 5, 2007; Effective May 1, 2008)
Beijing authorities released Wan Yanhai, founder of the HIV/AIDS advocacy group the Beijing Zhiaixing Information and Counseling Center (Zhiaixing), formerly called the Aizhixing Institute of Health Education, on the morning of November 27 after having held him for three nights without charge, according to a November 27 Associated Press article (via the International Herald Tribune) and a December 1 Amnesty International public statement.
Wang Zhenchuan, Deputy Procurator-General of the Supreme People's Procuratorate (SPP), acknowledged at a November 18 seminar in Sanya city, Hainan province, that almost all wrongful convictions in China involve police abuses during the investigation stage, according to a Legal Daily report (in Chinese) on the next day. Wang called on local procuratorates to strengthen their supervision over criminal investigations, and to bring into line police who extract confessions through torture or who illegally gather evidence. In addition, he urged procuratorates to deal strictly with cases involving the use of torture to extract a confession, the use of force to gather evidence, or an illegal search, among other criminal offenses.
A senior State Environmental Protection Administration (SEPA) official said dereliction of duty by local officials in Gansu and Hunan provinces is to blame for two major environmental pollution incidents in August and September, according to a September 15 China Daily article. Pollution from factories resulted in more than 250 children being hospitalized for lead poisoning in Gansu and the shutdown of a drinking water source used by 80,000 people in Hunan, according to news reports. Pan Yue, Deputy Director of SEPA, described both cases as "typical examples of pollution problems caused by a dereliction of duty of local governments and environment bureaus [sic]," according to the China Daily article.
The Standing Committee of the National People's Congress enacted a new Anti-Money Laundering Law (Law) on October 31, according to a report (in Chinese) on the People's Daily Web site dated the same day. The following day, Xinhua reported (via the People's Daily) that the People's Bank of China (PBOC) would issue regulations "as soon as possible" to enforce the Law, which will become effective on January 1, 2007.
The Resolution includes additional instructions on how journalists, writers, artists, and academics should construct a "healthy ideological public opinion atmosphere" for purposes of building the "harmonious society." News media should "publicize what the Party stands for," "provide guidance on social hot-button issues," and succeed at public opinion supervision. Academics in the areas of philosophy and social sciences should focus their research on "major and practical issues" and "insist on using Marxism as their guide." Writers and artists should produce upbeat works that develop the "true, good, and beautiful" and "enrich the cultural life of the masses." The Resolution also provides that the Sweep Away Pornography and Strike Down Illegal Publications campaign should continue in full force.
Local authorities continue to interfere with citizens' rights to vote and stand for election in the 2006-2007 cycle of county and township local people's congress (LPC) elections. Officials have harassed and taken into custody independent candidates and their supporters who threaten Communist Party control over the process and candidates.
Chinese authorities released journalist Yu Dongyue on February 22, on completion of his 17 year and 3 month sentence for throwing paint during the Tiananmen democracy protests in 1989. Yu's release complies with Article 44 of the Criminal Procedure Law, which provides that a prisoner's fixed term of imprisonment is calculated from the date of detention, if the prisoner was held in detention before the court judgment. Yu will continued to be deprived of his political rights for another five years following his release, pursuant to his original sentence.