It is good news that local legislators in Jiangsu Province have extended people's rights
to file complaints about public services.
In its latest review of the local decree on public complaints
lodged via letters or visits, the standing committee of the
provincial people's congress reportedly rejected a motion
stipulating that all complaints must be filed in a "level-by-level"
manner, so that people do not skip the immediate local
leadership.
It has been replaced in the revised draft of the document by a
clause stating that complaints can be made to the immediate, or
higher level of the authorities, which is consistent with the
wording of the State Council's Regulations on Letters and
Visits.
From Beijing to the provinces, the authorities used to prefer
that dissatisfied citizens first have their grievances taken care
of by the local authorities who are directly responsible.
That is understandable to some extent.
Once a complaint is filed, there has to be reaction. In order to
present a sensible reply, higher authorities always have to pass
the complaint back, level by level, to where an infringement, or
perceived harm, occurred.
That is in most cases necessary, at least for investigative
purposes.
Referring grassroots-level problems to authorities levels above
sometimes unnecessarily prolongs the reaction, leading to an extra
workload and a waste of public resources.
We are not unfamiliar with such seemingly unlikely cases as a
disgruntled farmer from a remote rural neighborhood going all the
way to Beijing to seek justice in a dispute with a village
cadre.
In fact, many, if not all, of the special offices established by
central government departments to hear public complaints were once
overwhelmed by visitors, most of whom had chosen to skip the
authorities involved in the dispute.
The State Council took a commendable step last year when it
avoided incorporating a clause prohibiting complainants from
bypassing their immediate authorities in its own regulations.
We cannot ignore the truth that in quite a few cases, people
chose to overstep their immediate authorities because they are the
very cause of the problem.
In such cases, imposing a compulsory "level-by-level" approach
would deprive citizens of a precious alternative to have their woes
heard and addressed.
We are gratified that Jiangsu's legislators did not water down
this important right to make complaints. At the same time, we are
concerned there are still some places yet to update their decrees
to guarantee such an essential civil right.
(China Daily May 31, 2006)