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New Law to Rein in Senior Officials

The National People's Congress (NPC) Standing Committee began its deliberations Monday on a proposed law that is intended to rein in senior government officials.

The law states that civil servants in management positions should "take the blame and quit" if their mistakes or negligence cause major losses or negative social repercussions, or if major accidents occur on their watch.

"By regulating civil service properly, the new law will be a step forward in the country's pursuit of a legal system that can effectively oversee administrative power," Mo Yuchuan, a law professor at Beijing's Renmin University, told China Daily on Sunday.

When China introduced its civil servant system in 1993, the central government issued a provisional decree to regulate civil servants' performance. The new proposed law, with more precise rules, would be the first statute to rule the 5 million or so civil servants nationwide.

Among the punishable activities listed in the draft are: committing fraud; involvement in pornography, drug abuse, gambling or superstition; and opening businesses or conducting other income-generating work outside the job.

Civil servants are also required to avoid involvement in projects or situations in which they or their close relatives have a vested interest.

"With the new law, civil servants will likely feel more pressure rather than take for granted that they have an iron rice bowl," Mo said. "This is good for building an administration in line with the rule of law."

The draft sets out procedures for civil service recruitment and performance evaluation, as well as for civil servants to appeal unfavorable decisions.

The law would also create more grades within civil service to offer more chances for promotion. Current rules only provide 15 grades with relatively few leadership positions, which means that in some cases civil servants may get stuck in a position without promotion for more than a decade.

The draft also provides for training and competitive salaries. The government is working on compensation reform schemes to complement the law, according to Vice Minister of Personnel Hou Jianliang.

The proposed law will have far-reaching implications for China's administrative reforms, Hou said at a media briefing last Friday. The personnel ministry was responsible for writing the draft.

It usually takes half a year and three rounds of review for the NPC Standing Committee to pass a law. The session of the 158-member committee currently under way opened on December 25 and will continue through the 29.

During the session, the Standing Committee will also review a draft law on renewable sources of energy, a revision of the law on prevention and control of solid waste pollution, and reports by the State Council on the restoration of market order and the protection of water resources.

(China Daily December 27, 2004)

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