By Cai Dingjian (China Daily)
Updated: 2008-01-21 15:01

[The author Cai Dingjian is a professor with China University of Political Science and Law.]

After a series of delegates voiced their opinions at a public hearing last month, the government of Xiamen, Fujian Province, decided to move the controversial paraxylene (PX) plant project out of the city.

The decision drew unanimous praise from the public and the media because it perfectly suited the public opinion. The case was a textbook example of public participation in decision-making, representing a significant step forward for common people's judgment.

The Xiamen government suspended construction of the PX project in May 2007 after many local people expressed suspicion that the chemical plant, once in operation, would threaten public health and the environment in the coastal city.

It is worth applauding that the government has been attaching more weight to the public voice when making decisions. And the PX plant case offers rich food for thought.

The PX plant project was suspended and moved out of Xiamen in response to strong opposition from local residents. But the local government is reportedly going to compensate the project owner for the cost of moving the chemical plant.

However, if the local government had invited local residents to weigh in on the matter before the plan had been approved, all the troubles might have been avoided.

Moreover, there are also several questions to ask: What if another project with the potential to threaten the public health is planned in the city? Would the government listen to the public again? What if a similar situation takes place in another region? Would the government there consider the view of the common people before making a decision?

One lesson from the PX project incident is that the country seriously needs a legal framework under which public participation becomes an indispensable part of policymaking.

This conclusion is also supported by another high-profile incident from last year. A family in Chongqing refused to move out of what came to be called the "nail house", the last home in an area to be demolished to make way for new construction, because the developer did not offer them satisfactory compensation. Their situation drew widespread attention from across the country after pictures of their lonely home standing in the middle of a bare excavation site were posted on the Internet.

In the face of intense public pressure and with the coordination of local officials, the developer agreed to reconsider their terms for resettling the family.

In recent years, there have been many reports of policies being drawn up without reference to the public opinion, which aroused strong negative responses from the interested parties, including lawsuits, physical conflicts, protests and even suicide.

These events undermine social stability, result in huge economic losses and dampen the image of the government.

If the government makes public participation a regular part of the decision-making process, especially when it introduces policies and measures relating closely to the interests of common people, such conflicts and controversy could be avoided.

Public participation has been proven to be good at easing opposition to potentially unpopular moves and drawing attention to the need to protect people's basic rights in the face of possible short-term economic returns.

It could also help administrative bodies and businesses avoid unnecessary economic losses and investment risks.

Public participation has become an important part of the legal systems of some countries out of respect for these functions. Members of the public are allowed to play roles in drafting policies on urban planning, public health, education, social security, environmental protection and the budget.

Public participation also contributes to the maintenance of social stability in these countries.

In his report to the 17th National Congress of the Communist Party of China, General Secretary Hu Jintao called for the expansion of "the citizens' orderly participation in political affairs at each level and in every field".

He also said that "to ensure scientific and democratic decision-making, we will improve the information and intellectual support for it, increase its transparency and expand public participation in it. In principle, public hearings must be held for the formulation of laws, regulations and policies that bear closely on the interests of the public".

Given such guidelines, it is only natural that legislators move to incorporate public participation into the policymaking process by rooting it in law.

A good example for this is the Urban and Rural Planning approved in October last year. It stipulates that drafts of urban planning projects should be released to the public and professionals so they can comment on them before being submitted for review. The law includes several other clauses underlining the need for public participation in finalizing the plans.

However, more specific regulations are needed to ensure that members of the public are able to express themselves openly and that their opinions are included in the final versions of any plans. Otherwise, it will be possible that the public will continue to be overlooked.

Legislators at all levels should try their best to support public participation in policymaking so that it assumes the place it deserves to hold.