选举权受到法律保障。选举权和被选举权是中国宪法规定的公民基本权利。中国坚持发展社会主义民主政治,保障人人享有平等的选举权利,先后制定全国人民代表大会和地方各级人民代表大会选举法、地方各级人民代表大会和地方各级人民政府组织法等。坚持实行普遍、平等、直接选举和间接选举相结合以及差额选举的原则,宪法规定凡年满18周岁的中国公民,不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限,除依法被剥夺政治权利的人外,都有选举权和被选举权。中国根据国情和实际,不断修改选举法,完善选举制度,逐步实现了城乡按相同人口比例选举人大代表,并保证各地区、各民族、各方面都有适当数量的代表。在2016年开始的全国县乡两级人民代表大会换届选举中,共有9亿多选民参选,直接选举产生250多万名县乡两级人民代表大会代表。全国人民代表大会代表的代表性不断增强,在2018年十三届全国人大的2980名代表中,一线工人、农民代表468名,专业技术人员代表613名,妇女代表742名,少数民族代表438名。城乡基层民主有序发展,以城乡村(居)民自治为核心,民主选举、民主协商、民主决策、民主管理、民主监督为主要内容的基层群众自治制度基本建立。截至2017年,全国农村普遍开展了9轮以上村委会换届选举,98%以上的村委会依法实行直接选举,村民参选率达95%;居民委员会换届选举参选率达90%以上。
Legal protection of the right to vote. The right to vote and to stand in elections is a basic right enshrined in the Constitution. China is committed to the development of socialist democracy and ensures that everyone is entitled to an equal right to vote. It has enacted electoral laws for the National People’s Congress and local people’s congresses, and organization laws for local people’s congresses and governments. The principles of universality, equality, direct election, indirect election and competitive election are applied. The Constitution stipulates, “All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status and length of residence. Persons who have been deprived of political rights in accordance with the law shall not have the right to vote and stand for election.” China has amended electoral laws and improved the election system to gradually ensure that both rural and urban areas adopt the same ratio of deputies from the represented population in elections of people’s congress deputies, and all regions, ethnic groups and fields have a certain proportion of deputies. In the new elections to the people’s congresses at county and township levels beginning in 2016, a total of 900 million constituents cast votes for more than 2.5 million deputies. The makeup of deputies to the National People’s Congress is becoming more representative. Among the 2,980 deputies to the 13th National People’s Congress in 2018 are 468 front-line workers and farmers, 613 professional and technical personnel, 742 women, and 438 representatives of ethnic minorities.
Orderly development is seen in community-level democracy. A community-level self-governance system is now in place featuring self-governance by urban and rural residents, and democratic election, consultation, decision-making, management and supervision. By 2017, more than nine rounds of villagers committee elections had been held among villages across the nation. More than 98 percent of these had been conducted by direct election, with more than 95 percent of villagers taking part. The participation rate of urban residents in the election of neighborhood committees exceeds 90 percent.
知情权得到充分保障。政务公开制度体系更加完善,平台建设逐步加强。2004年,国务院发布《全面推进依法行政实施纲要》,要求推进政府信息公开,除涉及国家秘密和依法受到保护的商业秘密、个人隐私的事项外,行政机关应该公开政府信息;对公开的政府信息,公众有权查阅;行政机关应该为公众查阅政府信息提供便利条件。2016年2月,中共中央办公厅、国务院办公厅印发《关于全面推进政务公开工作的意见》,全面推行权力清单、责任清单、负面清单公开工作,推动政务服务向网上办理延伸,全国31个省(自治区、直辖市)均已公布省市县三级政府部门权力清单。2015年,实现全国所有省份全部公开省级财政总预算;2017年,公开部门预算的中央部门增加到105个。截至2017年4月,全国县级以上地方各级人民政府共设立政务大厅3058个,覆盖率94.3%;乡镇(街道)共设立便民服务中心38513个,覆盖率96.8%。厂务、村务公开逐步落实。截至2017年9月,全国已建立工会的企事业单位单独建立职工代表大会制度的有500.9万家,区域(行业)职工代表大会制度覆盖企业138.7万家,已建立工会的企事业单位单独建立厂务公开制度的有487.1万家。截至2017年,全国95%的村实现村务公开,94%以上的县制订村务公开目录,91%的村建立村务公开栏。
Full protection of the right to know. Platforms are being improved to make government more open. In 2004, the State Council released the Outline of Comprehensively Advancing Administration in Accordance with the Law, which promotes government transparency and requires administrative organs to disclose government information unless it relates to state secrets, trade secrets under legal protection, and individual privacy. The public is entitled to access disclosed government information, and administrative organs should support this access. In February 2016, the General Offices of the CPC Central Committee and the State Council issued Decisions on Comprehensively Promoting Government Transparency, which introduced a power list, a responsibility list, and a negative list and encouraged administration to move online. As a result, 31 provinces (autonomous regions and municipalities directly under the central government) have released the power lists of governments at provincial, prefectural and county levels. In 2015, all provinces disclosed their overall financial budgets, and in 2017, 105 central government departments disclosed their budgets.
By April 2017, 3,058 administration halls had been set up in local governments at and above the county level, covering 94.3 percent of administrations, and 38,513 service centers had been set up in townships and communities, covering 96.8 percent of administrations. Factory and village affairs are being made transparent. By September 2017, more than 5 million enterprises and public institutions with trade unions had set up congresses of workers and staff, and 1.39 million enterprises were covered by regional (trade) congresses of workers and staff. 4.87 million enterprises and public institutions with trade unions had adopted a system of disclosing information to their employees. By 2017, 95 percent of villages nationwide had made village affairs transparent, more than 94 percent of counties were providing catalogues of disclosed village information, and 91 percent of villages were making village affairs public on information boards.