Index of Democratization in China

Journal of Comparative Asian Development
ISSN: 1533-9114 (Print) 2150-5403 (Online) Journal homepage: https://tandfonline.com/loi/rcad20
Index of Democratization in China
Joseph Y. S. Cheng & Fan Li
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
To link to this article: https://doi.org/10.1080/15339114.2013.820591
Published online: 12 Aug 2013.
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Journal of Comparative Asian Development, 2013
Vol. 12, No. 2, 187–211, http://dx.doi.org/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
This is probably the first attempt to design a series of indicators to examine

the democratization process in China and compare this process with the
situation in recognized liberal democracies and with those in other develop-
ing countries. After the 2010 exercise to assess the situation in 2009, the
exercise was repeated again in 2011 to evaluate the progress of democrati-
zation in 2010. If this examination takes place at regular intervals, one may
hope to have a better understanding of the progress of democratization in
China and its various significant aspects.
Keywords: Index of democratization; elections; accountability; the rule of

law; and civil rights
I. Introduction
China is obviously not a democratic country yet, but the development of

democracy or the democratization process in China is an interesting ques-
tion, both from an academic point of view and on the basis of practical
political considerations. Chinese leaders often claim that they have been
promoting the development of socialist democracy in the country; and
* Correspondence concering this article may be addressed to the author, at: rcccrc@cityu.edu.hk
© 2013 City University of Hong Kong 187

188 Journal of Comparative Asian Development
apparently the issue of universal values or democracy as a universal value is

a serious controversy within the Chinese leadership. The design of a series
of indicators to examine the democratization process in China and compare
this process with the situation in recognized liberal democracies and with
those in other developing countries are challenging. Further, if this examin-
ation takes place at regular intervals, one may even have a better under-
standing of the progress of democratization in China and its various
significant aspects.
Li Fan of the World and China Institute in Beijing initiated this endea-
vour in 2010, and repeated the exercise in the following year. The set of
questions and indicators adopted benefited much from references to many
sets already in use by research and survey organizations,1 with adjustments
introduced based on considerations of the special circumstances in China.
The institute’s task force held a number of work conferences to define the
set of questions and indicators and the allocation of marks; in this
process it also consulted many experts. A preliminary survey was con-
ducted by inviting five experts to complete the detailed questionnaire,
and the preliminary survey led to many revisions and refinements. The
formal survey involved 12 invited experts. Since the 2009 survey was the
first of its kind, all the invited experts went through a comprehensive
review of developments in China in 2009 in terms of democracy, rule of
law, reform in governance, civil rights, people’s political participation,
etc. They then completed the questionnaire.
After the 2010 exercise to assess the situation in 2009, the exercise was
repeated again in 2011 to evaluate the progress of democratization in 2010.
Similarly a team of 12 experts was involved, with six academics and six
activists/practitioners engaged in democratization work. The academics
included two scholars in the field of political science, two in sociology
and two in law, and the activists/practitioners consisted of two NGO/civil
action activists, three lawyers and one journalist. Attempts were also
made to maintain an ideological balance between the liberals and the con-
servatives within the team.
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
II. The Questionnaire and Scores
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:
Assessment of the Institutional Aspect
0: No legal and institutional stipulations protecting the civil right con-

cerned, or the stipulations completely violate the international stan-
dards on democracy, civil rights and the rule of law;
1–3: Some legal and institutional stipulations exist, but the legislative
principles are aimed at restricting the exercise of the civil rights sti-
pulated by international conventions, and the content of the stipula-
tions impose strong constraints on democracy, civil rights and the
rule of law;
4–6: Many related legal and institutional stipulations have been promul-
gated, and their principal contents have met the international stan-
dards on democracy, civil rights and the rule of law;
7–10: All the important legal and institutional stipulations have been pro-
mulgated, and they meet the international standards on democracy,
civil rights and the rule of law.
Assessment of the Reality Aspect
0: There is no implementation of the concerned legal and institutional

stipulations on democracy and human rights;
1-3: Some related implementation has been carried out regarding very
limited aspects or within very limited areas; in practice, some legal
and institutional stipulations have not been implemented, and in
Table 1 Weights of Topics and Sub-topics
Weight Weight
Category Topic Attached Sub-topic Attached
A. Elections 1. Electoral Rights 10%

of Citizens
2. Elections of the 40%
Government
3. Elections of 40%
People’s
Congress
4. Elections at the 10%
Grassroots Level
B. 1. Horizontal 50% 1. The Exercise of the 60%
Accountability Accountability Power of the NPC
2. The Exercise of the 40%
Power of the
Local People’s
Congress
3. People’s Congress 35%
Accountable
to Voters and the
Society
2. Vertical 50% 4. The Executive 35%
Accountability Authorities
Accountable to the
Society
5. Transparency of 30%
Information
C. The Rule of 1. Independence of 30%
Law the Judiciary
2. Limitation of 20%
Authorities’
Abuse of Their
Authorities
3. Equal Rights 15%
4. Personal Freedoms 20%
and
Their Protection
5. Property Rights 15%
(Continued )
Table 1. Continued
Weight Weight
Category Topic Attached Sub-topic Attached
D. Civil Rights 1. Economic 40%

Development
Rights
2. Freedom of 30% 1. Media and the Internet 20%
Expression
3. Assembly and 30% 2. Religion 30%
Forming
Associations
3. Cultural and 30%
Academic Activities
4. Articulation of 20%
Viewpoints
5. Assembly 50%
6. Forming Associations 50%
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.
III. Results and Observations
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
Score Score Score
Category 2009 2010 Topic 2009 2010 Sub-topic 2009 2010
A. Elections 1.41 1.22 1. Electoral Rights of Citizens (10%) 1.64 1.64
Journal of Comparative Asian Development

2. Election of Government (40%) 0.36 0.36
3. Election of People’s Congress (40%) 1.76 1.76
4. Grassroots Election (10%) 3.97 2.12
B. 3.70 2.99 1. Horizontal Accountability (50%) 4.45 3.52 (1) Performance of the National 4.39 3.70
Accountability People’s Congress’s Right (60%)
(2) Performance of the Local People’s 4.55 3.26
Congress’s Right (40%)
2. Vertical Accountability (50%) 2.94 2.45 (3) Accountability of People’s Congress 3.04 2.41
to Electors and Society (35%)
(4) Accountability of Administration 2.74 2.59
to Society (35%)
(5) Information Transparency (30%) 3.05 2.34
C. Nomocracy 3.34 3.45 1. Independence of Judiciary (30%) 2.04 1.82
2. Restriction on Power Abuse 2.77 2.68
by Government (20%)
3. The Right of Equality (15%) 5.10 5.69
4. Personal Freedom and 4.16 4.06
Protection (20%)
5. Property Right (15%) 3.84 4.67
D. Civil Rights 2.82 2.68 1. Economic Development Right (40%) 5.00 4.89
2. Freedom of Speech (30%) 1.52 1.31 (1) Media and Internet (20%) 1.48 1.35
(2) Religion (30%) 0.98 0.94
(3) Cultural and Academic 2.00 1.43
Activities (30%)
(4) Opinion Expression (20%) 1.63 1.67
3. Assembly and Association (30%) 1.21 1.11 (1) Assembly (50%) 0.72 0.83
(2) Association (50%) 1.70 1.38
193
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.
The Questionnaire (Original Version in Chinese)
1. Elections
1.1 Electoral Rights of Citizens
1.1.1 Does every citizen enjoy the right to take part directly in public
affairs or through representatives freely chosen?
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.
1.2 Elections of the Government
1.2.1 Is the highest executive position at the national level elected in an

open, fair and competitive electoral process allowing free partici-
pation by the citizenry?
1.2.2 Are the chief executive positions at all levels of government
elected in an open, fair and competitive electoral process allow-
ing free participation by the citizenry?
1.2.3 In elections, are all political parties or social organizations free
from legal or political constraints?
1.2.4 Are there equal campaigning opportunities for all political
parties?
1.2.5 Are elections held at regular intervals and monitored by indepen-
dent electoral authorities?
1.3 Elections of People’s Congress
1.3.1 Are deputies of people’s congress at all levels elected in an open,

fair and competitive electoral process allowing free participation
by the citizenry?
1.3.2 Are elections held at regular intervals and monitored by indepen-
dent electoral authorities?
1.3.3 Do adult citizens enjoy universal suffrage?
1.3.4 Is each person’s vote given equivalent weight to those of other
votes in order to ensure equal representation?
1.3.5 In elections, are all political parties or social organizations free
from legal or political constraints?
1.3.6 Is the emergence of candidates in accord with the principles of
openness, fairness and competition?
1.3.7 Is the right of citizens to freely nominate candidates protected by
law?
1.3.8 Can multiple candidates representing a broad range of views par-
ticipate in elections, and be free from unfair treatment?
1.3.9 Is there a clean, detailed and fairly legislated electoral law to

guide elections?
1.3.10 Are election commissions or other election administrative auth-
orities independent and free from government or other pressures
and interference, and able to perform their duties fairly, effec-
tively and in a balanced manner?
1.3.11 Are there specialized agencies to handle electoral disputes, and
can they handle electoral disputes independently and fairly?
1.3.12 Is there any comprehensive management process defined by law
for electoral disputes?
1.3.13 Is the distribution of the seats of the representatives and the
process of defining the distribution fair?
1.3.14 Is there a clear processes stipulating the announcement of the list
of candidates?
1.3.15 Is the registration of votes conducted in an accurate, timely, trans-
parent and non-discriminatory manner?
1.3.16 Are the voting rights of the migrant population effectively pro-
tected by law?
1.3.17 Is the drawing of the boundaries of electoral districts conducted
in a fair and open manner?
1.3.18 Are there adequate regulations to prevent inappropriate ways of
affecting elections, e.g. campaign finance laws, laws on the pre-
vention of bribery in elections, etc.?
1.3.19 Can candidates make speeches, hold public meetings and have
access to media for publicity throughout the campaign period,
and be free from intimidation?
1.3.20 Does voting take place by secret ballot or by an equivalent free
voting procedure?
1.3.21 Are voters able to vote for the candidate or political party of their
choice, without undue pressure or intimidation?
1.3.22 Is the vote count transparent, conducted openly on the spot, with
the results announced immediately?
1.3.23 Is voting by proxy implemented fairly?
1.3.24 Are mobile ballot boxes used fairly?
1.3.25 Can the representatives of independent election monitoring
organizations, political parties or candidates observe the counting
of votes to ensure its honesty?
1.3.26 Is the voters’ right of recall protected by law?
1.3.27 Were independent, unofficial election observation organizations

allowed to observe the most recent elections?
1.4 Elections at the Grassroots Level
1.4.1 Is there an electoral law to guide grassroots elections in a uniform

manner to be conducted in an open, fair and competitive way?
1.4.2 Can multiple candidates representing a broad range of views par-
ticipate in elections, and are they free from unfair treatment?
1.4.3 Are election commissions or other election administrative auth-
orities independent and free from government or other pressures
and interference, and can they perform their duties fairly, effec-
tively and in a balanced manner?
1.4.4 Are there specialized agencies to handle electoral disputes, and
can they handle electoral disputes independently and fairly?
Are there comprehensive management processes defined by
law for electoral disputes?
1.4.5 Is the registration of votes conducted in an accurate, timely, trans-
parent and non-discriminatory manner? Is there a clear process
stipulating the announcement of the list of candidates?
1.4.6 Are the voting rights of the migrant population effectively pro-
tected by law?
1.4.7 Can candidates make speeches, held public meeting and have
access to media for publicity throughout the campaign period,
and be free from intimidation?
1.4.8 Does voting take place by secret ballot or by an equivalent free
voting procedure?
1.4.9 Is the vote count transparent, conducted openly on the spot, with
the results announced immediately?
1.4.10 Is voting by proxy implemented fairly?
1.4.11 Are mobile ballot boxes used fairly?
1.4.12 Were independent, unofficial election observation organizations
allowed to observe the most recent elections?
2. Accountability
2.1 Horizontal Accountability — the Exercise of the Power of the National

People’s Congress (NPC)
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?
2.2 Horizontal Accountability — the Exercise of the Power of the Local

People’s Congresses
2.2.1 Do people’s congresses at all levels have the power to interpret

local laws, and can they fully exercise it?
2.2.2 Do people’s congresses at all levels have the power to legislate,
and can they fully exercise it?
2.2.3 Do people’s congresses at all levels have the power to monitor
other branches of government at their corresponding level, and
can they fully exercise it?
2.2.4 Do people’s congresses at all levels have power over government
personnel matters at their corresponding level and can they fully
exercise it?
2.2.5 Do people’s congresses at all levels have power over the govern-
ment budget at their corresponding level, and can they fully exer-
cise it?
2.3 Vertical Accountability — People’s Congress Accountable to Voters and

the Society
2.3.1 Do people’s congresses, their standing committees, and deputies

of people’s congresses maintain close contacts with their voters,
and can honestly represent their voters’ views?
2.3.2 Can citizens and social organizations take part in the legislative
process?
2.3.3 Do people’s congresses conduct hearings, and guarantee the par-

ticipation of citizens and the media?
2.3.4 Do citizens receive responses to their various views sent to
people’s congresses and through letters and visits to the auth-
orities, as well as prompt solutions too? Alternatively, do
people’s congresses reflect these views to the government
agencies concerned?
2.4 Vertical Accountability — the Executive Authorities Accountable to

Society
2.4.1 In its policy-making process, does government open up to allow

meaningful public participation?
2.4.2 Do the public and the media have formal channels to comment on
the planning and policy implementation of the executive auth-
orities?
2.4.3 Before the formulation and execution of major decisions, does
the government solicit views from society, enterprises, trade
unions and other groups?
2.4.4 Does the government set up committees, consultative mechan-
isms and other opportunities for participation, so as to allow
the society to articulate its common causes and demands?
2.4.5 Concerning the responses and demands of the people, the society
and the media, has the government been able to respond and
solve the problems promptly and effectively?
2.4.6 Is the exercise of the executive power impartial in policy making
and implementation? Are there no variations in treatment for
different target groups?
2.4.7 Is the exercise of executive power by the government restrained
and supervised by law?
2.5 Vertical Accountability — Transparency of Information
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?
2.5.3 Has the government been releasing or publicizing information on

policy and other matters promptly to the public?
2.5.4 Can the public engage in enquiries and questioning on the related
information released by the government?
2.5.5 Is information available on the appointment and removal of gov-
ernment officials at all levels?
2.5.6 Do governments at all levels promptly release their detailed
budgets and accounts?
2.5.7 Does the government ensure that its purchases and the signing of
contracts are transparent, and based on open tenders and effective
competition?
2.5.8 Does the government release information to the public concern-
ing its organizational establishment?
2.5.9 Does the government release information to the public concern-
ing the outcome of its audit exercise?
3. The Rule of Law
3.1 Independence of the Judiciary
3.1.1 Are judges appointed or dismissed based on fair and impartial

considerations? Is there an open and transparent process?
3.1.2 Are public prosecutors appointed or dismissed based on fair and
impartial considerations? Is there an open and transparent
process?
3.1.3 Have there been effective criminal legal reforms (for example, the
principle of innocent unless proven quilty, fair and open trials, a
jury system, independent legal counselling, provision of defence
lawyers by the public sector, independence of the procuratorate,
etc.)?
3.1.4 Is the judiciary subject to interference from the executive auth-
orities, the legislature, other political parties, various political,
economic or religious forces?
3.1.5 Do judges adjudicate fairly and impartially, and not render ver-
dicts that favour the government or specific interests, whether
in return for bribery or other reasons?
3.1.6 Are procurators independent of politics, other political parties or

strong private interests (legal or illegal), and free from their
control and influence?
3.1.7 Do the executive authorities, the legislature, and other govern-
ment agencies comply with the judiciary’s verdicts, so that they
will be effectively implemented?
3.1.8 Are verdicts of the judiciary free from the influence of powerful
individuals, so that verdicts violating powerful actors’ interests
will be effectively implemented?
3.2 Limits on the Government’s Abuse of Their Authorities
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 Equal Rights
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?
3.3.5 In a country with ethnic, religious and linguistic minorities, are

there attempts to deny these minorities the rights to enjoy their
cultures, observe their religious beliefs or practise their religions,
or use their languages among members of their own groups?
3.3.6 Does the state adopt measures, including legislation, to amend or
abolish existing laws, regulations, customs and practices that
constitute discrimination against ethnic, religious and other min-
orities?
3.3.7 Does the state make progressive efforts to amend or abolish exist-
ing laws, regulations, customs and practices that constitute dis-
crimination against the physically or mentally handicapped?
3.3.8 Does the state adopt reasonable actions to protect citizens against
all forms of discrimination in employment and occupations?
3.4 Personal Freedoms and Their Protection
3.4.1 Does the Constitution or other state legislation provide guarantee

of basic political, civil and human rights (including freedom of
expression, freedom of belief and religion, freedom of associ-
ation, and business and property rights)? Do the state and non-
governmental actors actually respect the basic political, civil
and human rights?
3.4.2 Are there no ex post facto laws? Is the principle being respected?
3.4.3 Do law enforcement officials make arbitrary arrests and deten-
tions without warrants? Do they fabricate or secretly plant evi-
dence on suspects?
3.4.4 Is there any effective protection of citizens against arbitrary
arrests and detentions?
3.4.5 Do law enforcement officials beat detainees during arrests and
interrogations, or use excessive force or torture to extract confes-
sions?
3.4.6 Are the rights of defendants (including the presumption of inno-
cence unless proven guilty) protected?
3.4.7 Are detainees provided access to independent, competent legal
counsel?
3.4.8 Do citizens have the rights and access to independent legal
counsel?
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?
3.4.27 Are pregnant women protected from the death penalty?

3.4.28 Is the state making serious progress to amend or abolish the death
penalty?
3.4.29 Do all victims of arbitrary arrests and detention have the right to
secure compensation?
3.4.30 Are juvenile criminals separated from adult criminals, and given
the legal status and treatment appropriate for their age?
3.4.31 Are all people free from forced or compulsory labour of any form?
3.4.32 Are there regulations prohibiting the employment of children and
juveniles?
3.4.33 Is everyone free from arbitrary or illegal interference in his/her
private life, family, residence and communications, and secure
from his/her honour and reputation being illegally attacked?
3.5 Property Rights
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?
4. Civil Rights
4.1 Economic Development 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 Freedom of Expression: Media and the Internet
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?
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?
4.3 Freedom of Expression: Religion
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 Freedom of Expression: Cultural and Academic 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?
4.4.5 Can professors and academics freely engage in academic activi-

ties of a political nature, and do not have to fear threats or phys-
ical violence from the state or non-state actors?
4.4.6 Does the state, in pursuit of its political objectives, exert pressure
to strongly influence or control the content of the school curricu-
lum?
4.4.7 Are student organizations which raise political issues allowed to
function freely?
4.4.8 Does the government (including through the administrative
cadres of schools) exert pressure on teachers and students in
support of certain political symbols or issues, including forcing
them to participate in political gatherings or voting for certain
candidates? On the other hand, does the government (including
through the administrative cadres of schools) stop or prevent tea-
chers and students from supporting certain candidates or groups?
4.5 Freedom of Expression: Articulation of Viewpoints
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.)?
4.6 Assembly and Forming Associations: Assembly
4.6.1 Does the state (Constitution and national legislation) protect

every citizen’s right of free assembly?
4.6.2 Does organizing legal assemblies face serious limitations?
4.6.3 In the process of assembly, do the participants encounter govern-
ment monitoring and pressure?
4.6.4 Do peaceful protest activities encounter prohibitions or serious
limitations from the government?
4.6.5 Is the securing of permits for holding peaceful demonstrations
according to the legal requirements especially troublesome and
time-consuming?
4.6.6 Do participants in peaceful demonstrations face threats, arrests or
physical violence?
4.7 Assembly and Forming Associations: Forming Associations
4.7.1 Does the state (Constitution and national legislation) effectively

recognize and protect the right of associations with a political
purpose based on peaceful demands to organize, mobilize and
advocate (organizations for democracy, human rights and politi-
cal reforms)?
4.7.2 Is the legal regulatory and management environment for civil
society organizations free from the pressure of the state and the
bureaucratic system (considering the issues of control, legal
rights, government regulations, fund-raising, taxation, purchas-
ing and channels of communication)?
4.7.3 Does the government exert control over the personnel or leader-
ship arrangements of non-governmental organizations?
4.7.4 Are the registration and other legal requirements especially vigor-
ous for non-governmental organizations? Does the government
inhibit them from functioning freely?
4.7.5 Are the laws and regulations governing the finance of non-gov-
ernmental organizations especially over-complicated and trouble-
some?
4.7.6 Are the donors (including foreign foundations) of non-govern-
mental organizations free from governmental pressures?
4.7.7 Are members of non-governmental organizations threatened,

arrested, imprisoned or physically assaulted because of their
work?
4.7.8 Are the activities of non-governmental organizations free from
governmental interference? And can they freely engage in inter-
national activities?
4.7.9 Does the state respect and protect the rights of trade unions and
chambers of commerce?
4.7.10 Are professional associations (including business associations)
allowed to function freely without government interference?
4.7.11 Is the establishment of trade unions allowed? And can they func-
tion freely without government interference?
4.7.12 Do workers face pressure from the government and employers for
their participation or non-participation in certain trade unions?
Do they encounter harassment, violence and unemployment
because of this?
4.7.13 Does the government control the organizational personnel and
funding sources of trade unions?
4.7.14 Are workers allowed to take part in strikes? Would trade union
members taking part in peaceful strikes face retaliation? (This
question may not apply to workers involved in fundamental gov-
ernment services or public security functions.)
4.7.15 Can trade unions engage in collective bargaining with employ-
ers? Can they engage in negotiations on a collective bargaining
basis reaching agreements which would be implemented in
actual practice?
4.7.16 Does the government allow peasants’ associations or similar
units? Are there laws stipulating the prohibition of establishing
peasants’ associations?
About the Authors
Joseph Y. S. CHENG is the Chair Professor of Political Science and Co-

ordinator of the Contemporary China Research Project at the City Univer-
sity of Hong Kong, Hong Kong. He has published widely on political devel-
opments in China and Hong Kong, Chinese foreign policy and local
government in southern China. He is the founding editor of the Hong
Kong Journal of Social Sciences and the Journal of Comparative Asian

Development, and has recently edited the titles Challenges and Policy Pro-
grammes of China’s New Leadership and The Hong Kong Special Admin-
istrative Region in Its First Decade. He was also the founding president of
the Asian Studies Association of Hong Kong from 2005 to 2007.
Fan LI graduated from the History Department, Beijing Normal University,

in 1981. From 1981 to 1984, he was an Assistant Research Fellow at the
Institute of Political Science, the Chinese Academy of Social Sciences.
From 1984 to 1989 he studied at the Sociology Department and Political
Science Department, Ohio State University, where he obtained his
Master’s Degree in Political Science. From 1989 to 1993, he worked in
the China International Study Center of the State Council as a senior
research fellow. He is now the Director as well as a senior research
fellow at the World and China Institute (WCI), which he established in
Beijing in 1993, being an independent non-governmental, non-profit
research institute dedicated to the mutual understanding of the world and
China. Recently, the WCI has focused on the electoral reform and demo-
cratic development in China, as well as the public policy of China. He
has published and edited more than 30 books, and written many articles
on Chinese and world economy, history, politics and culture in China and
around the world.

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