By Xiong Wenzhao and Zhang Bufeng
Even with the effective establishment of China's socialist
market economy, administrative power still controls the allocation
of many resources. It's time to transform government functions and
change the omnipotent government to an efficient service-oriented
government.
The targets and contents need to be clarified in the further
reform of the administration system.
The direction of our administrative reform is to build a
service-oriented government under the rule of law.
To that end, we should further separate government from
enterprises, public institutions and intermediate organizations in
the market. Institutional restrictions should be strengthened to
restrict government departments' direct intervention in market
activities.
A modern government can only prove its value and legitimacy
through providing quality public services. For all four aspects of
government function - economic adjustment, market supervision,
social management and public service - public service is at the
core.
A vital goal of reform is to carry out administration under the
rule of law. The legal system should be completed. Government
behavior should be standardized according to law.
The country's various administrative institutional reforms in
recent decades always fell into the vicious cycle of expansion
following streamlining. The further reform of the administrative
system should be carried out step by step in a well-planned way
together with the country's economic and political reforms.
The reform of the administrative system mainly focuses on the
layer of the legal system. It aims to eliminate institutional
obstacles that affect social and economic development.
The establishment of organizations, including their size and
composition, should be decided according to law. At present the key
laws of organizations are stipulations in the Constitution, the
Organization Law of the State Council and Organization Law of the
Local People's Congresses and Local People's Governments. These
laws have played a positive role in realizing administration
according to law.
But the Organization Law of the State Council is too theoretical
and the local organization law does not establish the functions of
local government. This is the cause of the unclear delineation of
authority between central and local governments as well as between
different departments.
The laws should clarify the functions and responsibilities of
the government and the relationship between governments at
different levels. Also, the organization rules of the State
Council, local governments, and offices under the State Council
should further clarify the establishment of organizations,
limitations on authorities, and the relationship between different
bodies.
To carry out administrative reform according to law is the best
way to avoid campaign-like institutional reforms. The appropriate
establishment, change and termination of all administrative
functions should be included in the legal procedures.
The key contents of the administrative reform should include the
following:
First, the administrative decision-making system should be
reformed. Traditional decision-making is quite peremptory as the
power is highly concentrated. Thus democracy and public
participation should be promoted to build a system with public
policymaking.
An administrative decision-making procedure should be
established. Legal procedures should be followed in making
decisions. A public notification system should be adopted for
important decisions that concern the public. Public hearings are
necessary to increase public participation. A consultation system
providing for the input of experts can provide theoretical and
technical support for decision-making.
Second, administrative power should be redistributed. The
relationship between the central government and local governments
should be clarified. The central government's control over local
governments should be enhanced to curb local protectionism and
foster a unified market in the country.
The supervision mechanism between central and local governments
should be thoroughgoing. Cooperation between the two should be
established to balance regional development.
Third, a rational personnel system should be established. The
existing permanent tenure for administrative personnel should be
changed and performance assessment improved. The core of the
personnel system reform is to implement the Civil Servant Law and
improve civil servants' understanding of administration according
to law.
Last but not least, the administrative procedure system should
be enhanced. China's administrative procedure system was
established with the Law on Administrative Punishment, the
Administrative Permission Law and the Regulations on Open
Government Information. But formalism and selective implementation
are the unhealthy realities.
The essence of modern administration lies in decision-making
through procedures as well as interaction and communication between
those carrying out the administration and those affected by it. The
legality and acceptability of administration will then be
enhanced.
Note: Xiong Wenzhao is a professor with Central University
of Nationalities and Zhang Bufeng is a PhD candidate at Renmin
University of China
(China Daily May 31, 2007)