On-going Reform of Grassroots Administrative System in Rural China: Founding and Performance of Villager s Commission

Transcription

1 219 On-going Reform of Grassroots Administrative System in Rural China: Founding and Performance of Villager s Commission WANG MANCHUAN, China National School of Administration Beijing, People s Republic of China Introduction THIS MARCH, during the first plenary session of the Ninth National People s Congress, China announced an ambitious plan for government restructuring. According to the plan, the number of ministries of central government would be reduced from 40 to 29, and the total number of civil servants throughout the country is to be cut by half. While this top-down administration reform has attracted much attention of the world, another reform action at the grassroots of rural China has not received as much attention as it deserves. That is the founding of villagers commissions at village level and direct election of the chairman by local villagers throughout rural China. In fact, that reform began more than a decade ago, but only in recent years has it come to make a real difference to public administration in rural China. The somewhat silent and gradual reform may not be so spectacular, but, in my opinion, may be more fundamental to public administration reform in China. This paper is to be focused on that reform. First, I would like to give a brief description of changes of grassroots administrative system in rural China, especially, changes in the past 50 years. That would help us understand better the essence and implications of the on-going reform. After that, I will discuss in more detail the newly founded administrative system in rural China, and see how it works, both in theory and in reality. Problems with the new administrative system will be reflected and analyzed. Finally, the future development and implications of the on-going reform will be discussed. Changes of Grassroots Administrative System in Rural China Grassroots Administrative System before PRC Was Founded The grassroots administrative system in rural China had hardly experienced any changes for more than 2000 years before this century. Early in Qin Dynasty founded in 221 B.C., the administrative system was rather complete. Under the central government headed by the emperor, there were two levels of local government, shire and county. In the official structure of government system, county was the lowest level. But under county government, there were two levels of administrative organization, Xiang (township) and li. For the sake of administration, under li, every five families formed a group called wu, and every two wu (i.e., ten families) formed a bigger group called shi. A li consisted of ten shi, namely, a hundred

2 Asian Review of Public Administration, Vol. X, Nos. 1-2 (January-December 1998) 220 ASIAN REVIEW OF PUBLIC ADMINISTRATION families. (See Chart 1.) Families in one wu or shi should hold joint liability. In other words, if one family violated the law, all the families in the same wu or shi would be punished. By this regulation, the government hoped that different families would supervise each other so that a good social order would be kept. Each township had an administrator, three councilors responsible for moral education, and an officer responsible for inspecting and arresting thieves and for public security. The administrator was appointed by county government, while the councilors were rural gentlemen selected by government from local people, who enjoyed high prestige and commanded universal respect, usually rich and better educated. In each li, there was an administrator responsible to the township. Usually, the administrator of li was also selected from local gentlemen. He was in charge of all kinds of local affairs from grains and taxes collection, recruitment of soldiers to public order maintenance. Chart 1. Framework of Administrative Structure in Qin Dynasty Central Government Shire Government County Government Xiang (Township) Li Shi (Ten Families) Wu (Five Families) For more than 2000 years since Qin Dynasty, though different dynasties were founded one after another, because of the super-stable social structure, the official structure of government system in China had not changed substantially, only that there were more or less levels of local government under different names in some dynasties. The grassroots

3 221 administrative system had not changed either until late Ching Dynasty, which was overthrown in That can be demonstrated by a comparison between Chart 1 and Chart 2. Chart 2. Framework of Administrative Structure in Ching Dynasty Central Government Provincial Government Prefecture Government County Government Bao (Ten Jia) Jia (Ten Pai) Pai (Ten Families) From early this century, the grassroots administrative system in rural China changed substantially, not in terms of the structure of administrative organizations, but in terms of the nature of administrative organizations. At that time, under county level, there were such administrative levels as township, Bao, and Jia. However, according to the policies, township, Bao, and Jia were autonomous regions. They were self-government organs of localities. The administrators of townships, Bao, and Jia should be elected by local people. For example, under the system developed in 1939, ten families formed a Jia, ten Jia formed a Bao, and ten Bao formed a township. In each township, there was an administrative office headed by an administrator and one or two associate administrators. They were elected by congress of local people, and the term of office was two years. Under the administrative office, four divisions were set up, each in charge of civil affairs, public security, economic, and cultural affairs, respectively (Wang and Yihua, 1996: 12-18; Liu, 1994: 4-11). However, because the social base did not change much, and the time was limited (In 1949, the Communist Party came to power and founded the People s Republic of China, a

4 Asian Review of Public Administration, Vol. X, Nos. 1-2 (January-December 1998) 222 ASIAN REVIEW OF PUBLIC ADMINISTRATION new system was adopted), the autonomous system of grassroots rural regions had not been implemented well. Most of administrative organizations were autonomous only in name. Changes of Grassroots Administrative System after PRC was Founded In 1949, the Communist Party of China came to power and founded the People s Republic of China. Since then, the grassroots administrative system changed with the political situation, and economic and social development. We can examine the changes roughly in three periods. The first period was from 1949 to During that period, under county level, there was one formal level of local government, township government (in North China, it was administrative village). Between county level and township level, there was the district office, which was not a formal level of government, but a representative agency of county government. To consolidate the new political power and achieve economic development, the township government fulfilled such functions as political control, and economic and social administration. In each township, there was a government committee consisting of a township administrator, an associate administrator, and several members, who were elected by the congress of local people, and approved by county government. At township level, several work committees were set up to take charge of production, culture and education, civil affairs, public security, tax and grain collection, respectively. Members of these committees were appointed by township government committee. In one word, township was the lowest level of administrative organization during that period. The second period was from 1958 to The grassroots administrative system in this period was totally different from that of the first period. People s commune replaced township, and became the grassroots organization. In a people s commune, there were three levels of administrative bodies, administrative committee of commune (from , because of Cultural Revolution movement, it was called revolutionary committee of commune), production brigade, and production team. People s commune was both a political and an economic organization. All the assets were collectively owned by all the people in a commune. Officials at commune level were appointed by the Party committee at the higher (county) level. They were civil servants who were paid by government. At the production brigade level, there was a Party branch headed by a secretary. The secretary and members of a Party branch were appointed by a commune Party committee, or elected by Party members in the production brigade. They were not civil servants, but local farmers. They did not get salary from government, but received subsidy (in form of cash or work credit) from their brigade. In each production team, there was a Party branch or group. The team leader was first nominated by Party branch at brigade level, and then elected by farmers of the team. Like the Party secretary of production brigade, the team leader was himself a farmer in the team. Since officials at commune level, the Party secretaries of production brigade, and even team leaders were appointed by higher levels of government (Party organizations), and they were in charge of all kinds of affairs, they had much power and were only responsible to higher levels of government. This highly concentrated political and administrative system hindered badly the economic development and improvement of political democracy in rural China. From the end of 1978, China initiated rapid economic reform, which originated first in rural areas. The most important reform action was the enforcement of household contract system, that is, means of production including farmland were contracted to individual

5 223 households which were obligated to hand in a certain amount of products to the government. Thus, each household, rather than production team, became a working unit, and should organize production and other activities for itself. As a result, the production brigade and production team lost their functions as managers and organizers of economic and some other activities. On the other hand, a kind of collective organization was needed to organize and manage such activities as infrastructure construction, social order maintenance, and so on. So, a new administrative system was necessary. With the promulgation of a new constitution in 1982, the grassroots administrative system in rural China entered a new period. According to the new constitution, there were four levels of government: central, provincial, county, and township levels. By the spring of 1985, all people s communes across China had been replaced by townships, the lowest level of government. Under township government, a new kind of organization, villagers commission was established to replace the production brigade. Unlike the production brigade, which was an agency of the people s commune, the villagers commission was an autonomous organization of villagers. Under villagers commission, there was a villagers group, equivalent to production team in structure, but different from the latter in nature and role. In November, 1987, the National People s Congress passed the Law on Organization of Villagers Commission (For Trial), which legitimized the villagers commission, and further expounded on the nature, role, principles, and administrative organs of villagers commission. A fundamental reform of grassroots administrative system in rural China began since then. New Grassroots Administrative System in Rural China New Grassroots Administrative System in Theory According to the Law on Local Organizations, Law on Organization of Villagers Commission, and some other policies, a new structure of grassroots administrative system came into being in mid-80 s. Under county level, township replaced people s commune, and township government constituted the lowest level of official administrative organ, while villagers commission, as an autonomous organization of villagers, replaced the production brigade, which was a subordinate agency of people s commune. At the township level, there are the township people s congress and township government. According to the Law on Election of National and Local People s Congress, the number of township congress members is to range from 40 to 130 depending on the population in townships. Congress members, i.e., councilors are elected by local people aged 18 or more, with quota distributed to different electoral districts. The term for each session of township congress is three years. Township government, the lowest level of government in the national administrative system, is the executive organ of township people s congress. It is responsible to higher levels of government and to the township people s congress. In theory, the staff of township government including executive administrator is to be elected by people s congress. Its term of office is also three years. Villagers commission is an autonomous organization of villagers, in which, villagers enforce self-administration, self-education, and self-service. On one hand, it is obligated to publicize and enforce the constitution, state laws, regulations, and policies of government and

6 Asian Review of Public Administration, Vol. X, Nos. 1-2 (January-December 1998) 224 ASIAN REVIEW OF PUBLIC ADMINISTRATION to help government with such work as maintaining public security. On the other hand, it is supposed to organize and support economic production, education, and all kinds of public affairs for the interests of villagers, and to reflect villagers opinion to the government. Thus, it is an intermediary organization between government and villagers. In particular, the villagers commission is supposed to fulfill such functions as follows: To publicize national laws, regulations and policies made by government; To help government with administration work; To educate villagers so that they will fulfill their obligations defined by law, such as paying taxes, handing in grains, joining the army; To develop various local regulations for self-government; To organize and support villagers to deal with public affairs for public welfare, such as infrastructure construction, environmental protection, and so on; To reconcile civil conflicts among villagers; and To develop collective economy. Though villagers commission is not a government agency, it is expected to fulfill part of function of political control. Unlike production brigade, the villagers commission is not led by township government, but township government is supposed to provide guidance, support and help to villagers commission. A villagers commission consists of three to seven members including the chairman, vice-chairman and several other members, who are directly elected by villagers. Their term of office is three years. Villagers commission can set up some committees in charge of reconciliation among villagers, social order maintenance, and public health, respectively, if the population of the village is large. Besides the villagers commission, there is a villagers conference that consists of all villagers aged 18 or above, or the representatives from each household. The villagers commission is responsible to the villagers conference. Under the villagers commission, villagers can be divided into several villager groups. The head of villager group is to be elected by conference of the villager group. New Grassroots Administrative System in Practice It has been 16 years since the villagers commission was first founded spontaneously by villagers in some villages in China, and it is more than ten years since the Law on Organization of Villagers Commission was put into effect. It is true that the villagers commission was initiated by the villagers themselves. But, as far as the whole country is concerned, the founding of villagers commission was promoted by the government. After so many years of practice, the grassroots administrative system has been improved greatly. Data shows that there are 902 thousand villagers commissions across rural China now (Huang, 1998: 5). But, in practice, the new administrative system has met with some problems. The major problems are: Villagers commission is not so autonomous as described by theory and laws. In some regions, villagers commissions perform as production brigades did before. They only work according to orders or commands of township

7 225 government. Often, the chairman of the villagers commission is nominated by township government or Party committee before election, and the election becomes a necessary but useless formality. Functions are not well fulfilled. Since means of production including farmland are owned or run by individual households, villagers commissions have little economic or other resources. Also, as farmers themselves, villagers commission members are more concerned with their own economic production and interests. Thus, in some regions, villagers commissions lack authority and incentive to fulfill such functions as to organize and support villagers to deal with public affairs for public welfare. This is typical of regions where collective economy of the village is underdeveloped. The relationship between villagers commission and township government, and Party branch at village level is not clear enough. In some regions, the villagers commission acts like a subordinate agency of township government, while in a few other regions, the villagers commissions do not cooperate with township government. In some regions, Party branch at village level and villagers commission compete for authority to control the village. Direct election of villagers commission members has met with difficulties. First, as mentioned above, in some regions, the township government often intervenes with the election by nominating candidates, or even vetoes electoral results. Secondly, in some large villages, villagers congress is founded to replace villagers conference, to elect villagers commission members, but members of villagers congress are not elected by villagers. Thirdly, some villagers are not concerned with election of villagers commission members. They entrust others with voting or do not vote at all. Besides, since it is difficult to call all the villagers together, some agencies in charge of election go to villagers home door after door so that the villagers can vote at home. That violates the principle of secret ballot. Rewards to villagers commission members have caused resentment in some regions. Under existing system, unlike officials work at township level, villagers commission members are not civil servants, and cannot get salary from government. There is no fixed standards of rewards to villagers commission members. In those villages where collective economy is developed, for instance, there are profit-making village enterprises, villagers commission members can be paid with the profits enterprises made, thus villagers need not pay directly. But in villages where collective economy is not developed, villagers commission need to impose a certain amount of levy upon villagers so that commission members can be paid. In some villages, the amount of levy is too high, and villagers become resentful. The above problems with the operation of new grassroots administrative system are caused by many factors. This includes among others:

8 Asian Review of Public Administration, Vol. X, Nos. 1-2 (January-December 1998) 226 ASIAN REVIEW OF PUBLIC ADMINISTRATION The inertia effect of monarchy system for more than 2000 years. Under the highly centralized and monarchy system in old China, people were subjects of the king or emperor, and local officials were masters of the public. Though Chinese people have been citizens in law since 1912, the notion of some rural farmers has not changed. Some of them do not understand the autonomous system. The after-effects of the old administrative system. As mentioned, from 1958 to 1982, under the old system, the production brigade was a subordinate agency of people s commune. After reform, many farmers and some government officials think that villagers commission is similar to production brigade. That impression is reinforced by the fact that villagers commissions in all provinces except two were founded on the basis of former production brigade (Huang, 1998). That s why its township government intervenes with the work of villagers commission too much in some regions. Unchanged social base. Because of economic reform, rural China has achieved rapid economic growth during the past two decades. But in some rural areas, the social structure has not changed. Farmers or villagers do not find it necessary to adopt autonomous system at village level. Hazy understanding of relationship between villagers commission and Party branch at village level. In theory, as an autonomous organization, the villagers commission fulfills its function independently within the limits of law. The party branch, as a subordinate organization of the township Party committee, is led by and responsible to Party committee at township and higher level. The party branch is the core to lead various organizations in the village, including the villagers commission. In some villages, because of poor coordination, leadership of Party branches contradicts autonomous principle of villagers commission. In some villages, villagers commissions become executive organs of Party branches. Incomplete laws and regulations. The existing laws and regulations related to autonomous villagers commission are not complete. As some researchers noted, according to the existing law, the township government does not lead the villagers commission, but provides guidance, support and help to it. That notion of provide guidance contradicts the autonomous nature of villagers commission. They suggested that the law be amended so that the township government entrusts the villagers commission to reflect the autonomy of the villagers commission (Du, 1998: 5). Also, if decisions made by the villagers commission contradict the township government s policies, how would they be able to solve it? The existing law does not contain provisions on how to settle contradictions.

9 227 Future Development and Implications of On-going Reform As mentioned above, the villagers commission is supposed to fulfill part of the functions of political control, and to help the township government with administrative work. Also, it is under the leadership of Party branch. Thus, its autonomy is limited. I would call it a limited or semi-autonomous organization of the villagers. Of course, at present, even semi-autonomy is not achieved in some regions. But, in the future, with further economic growth and social stratification, and better education of villagers, the social base on which grassroots administrative system operates will change. The existing grassroots administrative system in rural China is expected to be improved. It might develop in a way similar to the grassroots administrative system in France. Despite so many problems with the new grassroots administrative system in practice, and many factors affecting its performance in reality, the on-going reform of grassroots administrative system in rural China has great implications to its political and social development. The reform has created an opportunity for farmers who constitute the majority of Chinese population to learn democracy and improve themselves. It has strengthened and will strengthen their understanding of modern democratic system. It will foster their awareness of democracy and concept of a citizen, and protect their rights. Years of practice has proved that most rural farmers not only want and like democratic administration, but also has learned how to enforce democratic administration. A sample survey made in early 1990 in a northwest province showed that about 57 per cent of the villagers were deeply concerned with election of villagers commission members (Ministry of Civil Affairs, 1991). While the government restructuring initiated this March was called the seventh revolution (Liu, 1998) by some researchers, the on-going reform of grassroots administrative system in rural China is a more fundamental revolution. It is a great step towards the establishment of a democratic administrative system in the whole country. REFERENCES Department of Grassroots Political Power Construction, Ministry of Civil Affairs (1991), Selected Data from Surveys of State of Township Political Power Construction. Du, Gangjian (1998), Adopt New Conception of Democracy. China Economic Time. 26 August. Huang, Zhong (1998), Farmers Need Democracy. China Economic Time. 26 August. Liu, Zhenwei (1994), Farmers and Rural Organization Construction. Guiyang: Guizhou People s Publishing Company. Liu, Zhifeng (1998), The Seventh Revolution. Beijing: Economic Daily Publishing Company. Wang, Zhenyao and Bai Yihua (1996), Construction of Township Political Power and Villagers Commission. Beijing: China Social Publishing Company.