The Right to Development: China's Philosophy, Practice and Contribution

The State Council Information Office of the People's Republic of China

December 2016

First Edition 2016

Contents

Preamble

I. The Philosophy of the Right to Development Abreast with the Times

II. The System Ensuring the People's Right to Development

III. Effectively Realizing Economic Development

IV. Enhancing Political Development

V. Promoting Cultural Progress

VI. Promoting Social Development

VII. Accelerating Environment-Friendly Development

VIII. Promoting Common Development

Conclusion

Preamble

Development is a universal human theme, providing for people's basic needs and giving them hope of better life. The right to development is an inalienable human right, symbolizing dignity and honor. Only through development can we address global challenges; only through development can we protect basic civil rights of the people; only through development can we promote the progress of human society.

China, with a population of over 1.3 billion, is the largest developing country in the world. Development is the top priority of the Communist Party of China (CPC) in governance and national revitalization, and the key to resolving all other problems. Based on its prevailing conditions, China adheres to the Chinese socialist path and to the philosophy that development is of paramount importance. China integrates the principle of universal application of human rights with the country's reality. While striving to enhance the people's wellbeing through development and materialize their right to development, China endeavors to achieve higher-level development by protecting their right to development. In this regard, China has made notable progress and blazed a path in protecting human rights during the development of human civilization.

Since the 18th CPC National Congress in 2012, the CPC Central Committee with Xi Jinping as its core has highlighted the idea of people-centered development. In the course of realizing the Two Centenary Goals [Note: The two goals are to complete the building of a moderately prosperous society in all respects by the centenary of the CPC (founded in 1921) and to build China into a modern socialist country that is prosperous, strong, democratic, culturally advanced, and harmonious by the centenary of the People's Republic of China (founded in 1949).] and the Chinese Dream of revitalizing the Chinese nation, it has focused on safeguarding and improving people's wellbeing, advancing all social programs, and protecting people's rights to equal participation and development. The aim is to share development benefits and achieve common prosperity among all people of the country.

On the 30th anniversary of the publication of the "Declaration on the Right to Development by the United Nations," China, dedicated to advocating, practicing and promoting the right to development, is willing to join the international community to share its philosophy and experience in this regard and to boost sound development of global human rights.

I.The Philosophy of the Right to Development Abreast with the Times

Equal access to development opportunities and development benefits are the ideals of human society wherein each and every citizen can achieve well-rounded development and enjoy full right to development.

The Chinese people are diligent, wise, innovative and progressive. In traditional Chinese culture, concepts such as "moderate prosperity" (xiao-kang), "great harmony" (datong), "having ample food and clothing" (fengyi zushi) and "living and working in peace and contentment" (anju leye) fully reflect the Chinese people's aspiration for and pursuit of a better, happier life. In the long course of history, the Chinese people have always striven for better and shared development opportunities, conditions and benefits. In ancient times, China was for long the world leader in agriculture, and contributed to human progress with extraordinary development achievements. Studies reveal that until the mid-19th century, China's GDP and per capita GDP were the world's highest. Before the 16th century, China contributed 173 of the world's top 300 innovations and discoveries.

After the Industrial Revolution started in the 18th century, China began losing its leadership. Foreign aggression and expansion by Western colonialists completely destroyed conditions for development in China. Repeated invasions by foreign powers, particularly from the West, from 1840 to 1949, and China's corrupt ruling class and backward social system reduced China to a semi-colonial and semi-feudal society. There was constant warfare, an unstable society, economic depression, no security of livelihood, and extreme poverty. The Cambridge History of China: Republican China 1912-1949 describes China's situation in the first half of 20th century as follows: "...the great majority of Chinese merely sustained and reproduced themselves at the subsistence level ... the standard of life for many fell short even of that customary level." [Note: The Cambridge History of China (Volume 12): Republican China 1912-1949 Part I, Cambridge University Press, 1983, p. 28.] "As a system, China's economy which was 'pre-modern' even in the mid-twentieth century ceased to be viable only after 1949..." [Note: Ibid. p. 29.] In these 110 years, the Chinese people struggled arduously for their right to development and equal access to development opportunity. The Chinese people are fully aware of the value of development and of their right to development.

The founding of the People's Republic of China (PRC) in 1949 ushered in a new era for China's development. The PRC has provided full development opportunities and conditions to the people, and vast scope to realize that right. Through more than 60 years of effort, China's overall national strength has greatly increased; standards of living have achieved a historical leap from poverty to moderate prosperity; the people's right to development in economy, politics, culture, society and environment has been effectively protected.

China feeds more than 20 percent of the world's population with less than 10 percent of the world's arable land. Through more than 30 years of reform and opening-up, China has lifted 700 million people out of poverty, accounting for more than 70 percent of the global reduction in poverty. China has established the world's largest social security system, and average life expectancy had grown from 35 years in 1949 to 76.34 years in 2015, ranking high among the developing countries. The level of education has soared: in 1949, more than 80 percent of the national population was illiterate, and the enrollment rate of school-age children was only 20 percent. In 2015, net enrollment rates were as follows: primary school-age children - 99.88 percent; nine-year compulsory education -- 93 percent; high school - 87 percent. The enrollment rate for higher education has reached a level approaching that of medium-developed countries. According to the "China National Human Development Report 2016" released by the United Nations, China's Human Development Index (HDI) in 2014 ranked 90th among 188 countries, already in the high human development group.

Over the years, proceeding from reality and following the trend of the times, China has maintained the people's principal position in the country and created its own path by taking the central task of economic development and upholding the Four Cardinal Principles [Note: The Four Cardinal Principles refer to the principles of adhering to the socialist path, the people's democratic dictatorship, the leadership of the CPC, and Marxism-Leninism and Mao Zedong Thought. The Four Cardinal Principles are the foundation of the state, and the political cornerstone for the survival and development of the Party and the state.] and the policy of reform and opening-up to serve its practice of Chinese socialism, and following the philosophy of innovative, balanced, eco-friendly, open and shared development, and thus contributed to enriching and improving the concept of right to development.

The rights to subsistence and development are the primary, basic human rights. Poverty is the biggest obstacle to human rights. Without the production and supply of material goods, it is difficult or even impossible to realize any other human right. Development is a means of eliminating poverty. It provides necessary conditions for realizing other human rights, and releases human potential. The right to development is incorporated into other human rights, while the latter create the conditions for people to facilitate development and realize the right to development. Safeguarding the right to development is the precondition for realizing economic, cultural, social and environmental rights, and obtaining civil and political rights. China appreciates the articulation in the UN's "Declaration on the Right to Development" : "The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized."

The people hold the principal position concerning the right to development. China values the people's supremacy and regards the people as the fundamental driver of development, striving for the people, relying on the people, and sharing among the people. It takes improving popular wellbeing and well-rounded development as the starting point and ultimate goal, and fully mobilizes people's enthusiasm, initiative and creativity to participate in, contribute to and benefit from development. To build a moderately prosperous society in all respects and realize the Chinese Dream of revitalizing the Chinese nation means to provide better education, more secure employments, more satisfying income, more reliable social security, better medical services, more comfortable housing, and a better environment, so that all individuals can develop, contribute to society, and share the opportunity to pursue excellence and realize their dreams.

The right to development is a unity of individual and collective human rights. China values both individual and collective human rights as well as balance and mutual promotion between the two. "The free development of each individual is the condition for the free development of all people." Only through individual development can a collective develop; only in a collective can individuals achieve well-rounded development. The right to development is a human right owned by each individual as well as by the country, the nation and the entire population. The right to development can be maximized only in the unity of individuals and collective. China values the articulation in UN's "Declaration on the Right to Development" : "Equality of opportunity for development is a prerogative both of nations and of individuals who make up nations." They are all entitled to participate in and share the benefits of development on an equal basis.

The realization of the right to development is a historical course. There is no end either to development or to realizing the right to development. The latter is an ongoing process of improvement. China is still in the primary stage of socialism and will long remain so. The inadequacy in meeting the ever-growing material and cultural needs of the people because of backward social production will remain the principal social problem. As a major developing country, China faces challenging problems and heavy tasks in development. In pursuit of more equal participation and development, China needs consistent efforts to fully realize the people's right to development.

The protection of the right to development must be sustainable. Sustainable development is a prerequisite for materializing the right to development, an embodiment of intergenerational equity. Imbalanced, uncoordinated and unequal development reflects unsustainable development, as does an extensive development model. China is pursuing a sustainable approach to production, utilization and consumption of natural resources. China now follows a sustainable and resilient socio-economic development path so as to meet the needs of both present and future generations. China has a development mindset of balance and sustainability, regarding the harmonious development between humanity and nature, between economy and society, as a new means of realizing and protecting the right to development.

The right to development must be enjoyed and shared by all peoples. Realizing the right to development is the responsibility of all countries and also the obligation of the international community. It requires governments of all countries to formulate development strategies and policies suited to their own realities, and it requires concerted efforts of the international community as a whole. China calls on all countries to pursue equal, open, all-round and innovative common development, promotes inclusive development, and creates conditions for all peoples to share the right to development. Global economic governance must be based on equality. It must better reflect the new world economic pattern, give an enhanced voice and representation to emerging markets and developing countries, ensure that all countries enjoy equality of rights, opportunities and rules in international economic cooperation, and ensure the right to development is shared.

II.The System Ensuring the People's Right to Development

China has established an integrated system of legislature, strategy development, planning, and judicial remedy to ensure its people's right to development, and makes continued efforts to improve it. The people's right to development is realized through a framework of institutions, strategies, policies and measures that are constructive, practical, efficient, and compulsory.

The Constitution and Laws

China has established a legal system with Chinese characteristics. With the Constitution at the core, it is based on laws related to the Constitution, the civil laws, the commercial laws, and other major branches of the laws, and consists of laws, administrative regulations, and local regulations, providing a legal basis for the people's right to development.

As the nation's fundamental law, the Constitution establishes and protects the people's right to development in all respects. In the Preamble, equal development is set as the fundamental guiding principle, and the nation's core task is to "promote the coordinated development of the material, political and spiritual civilizations, and to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced." The Constitution establishes such principles as the people's democracy, equal development, and stipulates that "All power in the People's Republic of China belongs to the people" ; "The people administer state affairs and manage economic and cultural undertakings and social affairs through various channels and in various ways in accordance with the provisions of law" ; "The state develops a relationship of equality, unity and mutual assistance among all of China's nationalities." Article 33 of the Constitution sets the fundamental principle that "The state respects and preserves human rights." In Chapter II, the Constitution stipulates the Chinese citizens' right to economic, political, cultural, and social development.

China has promulgated and implemented a series of laws and regulations to protect the right to development of all citizens, especially that of the ethnic minorities, women, children, senior citizens, and the disabled. The Law on Regional Ethnic Autonomy stipulates that people of all ethnic minority groups shall "speed up the economic and cultural development of the ethnic autonomous areas, work towards their unity and prosperity, and strive for the common prosperity of all ethnic groups and for the transformation of China into a socialist country with a high level of culture and democracy." The Law on the Protection of Women's Rights and Interests stipulates that "Women shall enjoy equal rights with men in all aspects of political, economic, cultural, social and family life. It is a basic state policy to realize equality between men and women. The state shall take necessary measures to gradually improve various systems for the protection of the rights and interests of women and to eliminate all kinds of discrimination against women." The Law on the Protection of Minors stipulates that "Minors shall enjoy the right to life, the right to development, the right to being protected, and the right to participation." The Law on the Protection of the Rights and Interests of the Elderly stipulates that "The state shall protect the lawful rights and interests of the elderly. The elderly shall have the right to obtain material assistance from the state and society, the right to enjoy social services and social preferential treatment, and the right to participate in social development and share the achievements in development." The Law on the Protection of Disabled Persons stipulates that "Disabled persons shall enjoy equal rights with other citizens in political, economic, cultural, social, family life and other aspects."

National Development Strategies

The world is a colorful place, with many different development patterns. Summarizing its historical experience and based on its prevailing conditions, China has chosen a socialist path. It strives to build socialism with Chinese characteristics, create a beautiful life for the Chinese people, and realize the people's right to development.

To build socialism with Chinese characteristics, China sets its national development strategies based on the need to protect and realize its people's right to development. In the early 1980s, the CPC proposed the "three-step" development strategy: First, to double the 1981 GNP and ensure the provision of basic material needs by 1990; second, to double the 1991 GNP by the end of the 20th century and bring people's living standards to a level of "reasonable prosperity" ; and third, to quadruple that new GNP to the level of moderately developed countries by the mid-21st century, and bring the Chinese people an affluent life.

At the 15th CPC National Congress in 1997, the third step was made more specific, and a new "three-step" strategy for the first half of the 21st century was put forward. First, in the first decade of the 21st century, to double GNP compared to the 2000 level, raise levels of prosperity, and form a relatively complete socialist market economy; second, with ten more years' hard work, to further develop the economy and improve various institutions by the centenary of the founding of the CPC; and third, to achieve basic modernization and complete the building of a socialist country that is prosperous, democratic, and culturally advanced by the centenary of the founding of the People's Republic of China in the mid-21st century.

After entering the 21st century, the CPC set itself the strategic task of building a "moderately prosperous society in all respects." Since the 18th CPC National Congress in 2012, the Party's Central Committee, with Xi Jinping as its core, has set the "people's wish for a better life" as its goal of governance, and defined the Two Centenary Goals. That is, to enable the people to live prosperous lives and complete the building of a moderately prosperous society in all respects by 2020, the centenary of the CPC (founded in 1921), and to bring China's per capita GDP on par with that of moderately developed countries, and build China into a modern socialist country that is prosperous, strong, democratic, culturally advanced, and harmonious by the centenary of the PRC (founded in 1949) in the mid-21st century.

To achieve the Two Centenary Goals, the CPC strives to promote coordinated progress in economic, political, cultural, social, and ecological areas, and to implement the Four-pronged Comprehensive Strategy, viz., building a moderately prosperous society in all respects, driving reform to a deeper-level, fully implementing the rule of law, and strengthening Party discipline. Based on economic growth, the Party will continue to build the socialist market economy, promote democracy, advanced culture, ecological progress, and a harmonious society, and ensure that the people are better-off, that the nation grows stronger and more prosperous, and that the environment is clean and beautiful, and that the people's right to development is protected and promoted in a more solid and effective manner.

Overall Development Plans

In accordance with the goal to build a modern socialist country and the associated development strategies, the Chinese government regularly makes national development plans to ensure the people's right to development. In the period between 1953 and 2001, it issued national development plans every five years addressing issues concerning the country's economy, culture, and society. After 2006 the plan has been changed to program which is less detailed, with fewer numerical targets to guide the macro-economy and social development. To date China has made 13 consecutive five-year plans (including the program starting from 2006) for the nation's economic and social development. These plans have connected the country's overall development goals to the concrete plans to implement them, and are divided into different stages to steadily promote the people's right to development, with mid- and long-term guidelines, goals and directions, basic requirements, and specific measures.

On October 29, 2015, the Fifth Plenary Session of the 18th CPC Central Committee approved the "Suggestions of the CPC Central Committee on Developing the 13th Five-Year Program for National Economic and Social Development." On March 16, 2016, the Fourth Session of the 12th National People's Congress approved by vote the "Outline of the 13th Five-Year Development Program of the People's Republic of China for National Economic and Social Development." Following the new philosophies on development and based on universal participation and benefits, China stresses equal opportunities, with an emphasis on ensuring basic living standards, improving the people's wellbeing, and realizing a moderately prosperous society for all the people. China has made breakthroughs in equal access to the fruits of development, mainly in increasing the supply of public services, carrying out poverty eradication programs, enhancing the quality of education, granting equal access to educational resources, promoting employment and entrepreneurship, bridging the income gap, establishing a fairer and more sustainable social security system, enhancing public health and fitness, and strengthening the balanced development of the people.

China ensures its people's right to development also by making national human rights action plans. It has issued the "National Human Rights Action Plan" (2009-2010), (2012-2015), and (2016-2020). In these plans, the government puts the people's right to development at the core of human rights, and strives to address the most immediate problems that are of the most concern to the public. While promoting the sound and rapid development of the economy and society, China ensures that all members of the society enjoy the rights to equal participation and equal development.

Special Action Plans

The Chinese government formulates special action plans in the fields of economy, culture, society, and environment to ensure people's right to development. It has implemented a wide array of action plans in areas such as poverty alleviation, the Internet, innovation and entrepreneurship, science and technology, trade, and regional development. Specifically, these plans have been designed to promote entrepreneurship and innovation among farmers, to send agricultural specialists to rural areas to develop agriculture, to develop rural and agricultural resources in support of rural migrant workers who return to their home villages to start businesses, to improve people's lives by developing high-tech industries in selected counties, to transform the growth model of the western areas through science and technology, and to revitalize the old industrial bases in the Northeast through science and technology. The state has effectively implemented a series of action plans regarding educational development, health improvement, awards for high-caliber professionals, and the cultural industry, such as the action plans to revitalize education in the 21st century, to enhance teachers' status in the stage of compulsory education in rural areas, to promote special education, to help girls who have dropped out of school to return to campus, and to support the more developed cities in the eastern areas to train professionals for the western areas. China has implemented a series of action plans regarding employment, social security, food and medical care, disability prevention, and health and fitness, such as the Spring Breeze Action Plan to promote employment, and other plans to realize full coverage of social security, to eliminate malaria, to prevent and control nosocomial infection, to carry out rehabilitation programs for children with impairments and disabilities, to reduce the number of newborns with defects and disabilities, to prevent incidences of disability, and to improve the nutritional status and fitness of the Chinese. The state has issued action plans on pollution prevention and control, energy conservation, and biodiversity, such as action plans to prevent and control water pollution, to reduce high-risk pollutants, to utilize coal in a clean and efficient manner, to upgrade and renovate coal power for energy saving and emissions reduction, to build obstacle-free cities or counties for the disabled, and to protect biodiversity.

China has also made special plans to ensure the right to development of ethnic minorities, women, children, the elderly, and the disabled. The plans include those on the development of ethnic minorities, of women, of children, of the elderly, and of the disabled persons, with clear goals and targeted policies for different groups to solve the problems hindering their development, ensuring that they can pursue self-development and enjoy the fruits of reform on an equal basis.

The Judicial Remedy Mechanism

China is making enhanced efforts to strengthen the judicial protection and remedy to ensure the people's right to development. It has built a judicial remedy mechanism in this regard to prevent and punish infringements of people's right to development.

The government is driving the reform of the judicial relief system to a deeper level to ensure the right to development of disadvantaged groups. The state provides judicial relief to victims of crimes or parties suffering from infringements of civil rights who cannot obtain effective compensation through litigation, and provides help to parties in certain types of cases who are in dire need of relief and are entitled to such relief. Eligible parties mainly receive relief money, and help in the forms of consultation and education. Judicial relief complements legal aid and litigation relief, and is linked with other forms of social relief and aid. The government is conducting research on opening first-aid fast track at hospitals for those injured in criminal cases, providing psychotherapy for victims with severe PTSD cases, and sending social workers to help immobilized victims, so as to further enhance judicial relief. In 2014 the state issued the "Opinions on Establishing and Improving the National Judicial Relief System (trial)," which was followed by a marked expansion in the scale and increases in the number of judicial relief cases. In 2014 and 2015, the central government and local governments allocated a total of RMB2.47 billion and RMB2.95 billion for judicial relief funds, benefiting over 80,000 parties concerned in 2014. In 2013-2015 people's courts at all levels reduced or exempted a total of RMB625 million for litigation parties, ensuring the right to litigation of the poor.

The government strives to strengthen the effectiveness of legal aid, and ensures the right of impoverished people to judicial relief. In 1994, China began to form a legal aid system, providing free consultation, agency, criminal defense, and other legal services to people in need. In 2003, the State Council issued the Regulations on Legal Aid to define the scale of legal aid, delegating the power to the people's governments of provinces, autonomous regions, and municipalities directly under the central government to supplement the issues to be covered by legal aid, and set the standards for receiving legal aid in light of the local conditions. Currently there are 23 provinces that have expanded the scope of issues covered by legal aid, and 19 provinces have adjusted the standards for receiving legal aid. The Criminal Procedural Law (revised in 2012) included suspects as recipients of legal aid, alongside defendants. Over the past five years, the number of legal aid cases has been growing by 11.4 percent annually, and women, children, the elderly, the disabled, and rural migrant workers have received timely and higher quality legal aid services. In May 2015, at its 12th meeting, the CPC Central Leading Group for Overall and Further Reforms reviewed and approved the "Opinions on Improving the Legal Aid System," with measures to further enlarge the coverage of legal aid for civil and administrative lawsuits, reduce the thresholds for receiving legal aid, and gradually make legal aid available to low-income groups to benefit people in need.

The government strengthens judicial remedy to protect the right to development of disadvantaged groups. China has always attached importance to the judicial protection of the right to development and other basic human rights in criminal cases. The state punishes crimes targeted at women, children, the elderly, the disabled, and rural migrant workers, and strengthens the protection of special groups' rights to healthy physical and psychological development and their economic and social rights. The government strives to prevent or severely punish the abduction and trafficking of women and children, and such crimes have been effectively curbed. The state has issued the "Opinions on Punishing Sex Crimes Against Minors" and the "Opinions on Handling the Infringements of Minors' Rights and Interests by Guardians," so as to enhance the judicial protection of minors' rights and interests. The state has promulgated the "Opinions on Safeguarding the Legitimate Rights and Interests of Disabled Persons in Procuratorial Work," mandating severe punishment for crimes that infringe upon the rights and interests of disabled people in accordance with the law.

The government attaches importance to the role of arbitration, and protects the equal right to development of certain groups. By ending disputes through arbitration and punishing infringements according to law, China endeavors to strengthen procedure-based protection of the people's rights. By the end of 2015, 80 percent of township- and community-level employment and social security centers had set up organizations to mediate labor disputes, up by 14 percent from the 2014 figure. A total of 2,919 administrative divisions at or above county level (about 91 percent of the total) had arbitration offices for labor disputes, up by 208 percent compared with the figure of 946 at the end of the 11th Five-Year Plan period (2006-2010). In 2010-2015, China's mediation and arbitration organizations handled a total of 7.57 million cases, bringing 90 percent to a conclusion.