Beijing University Civil Society Center’s “Ten Major Events in China’s Social Sector for 2013”

http://www.ccsspku.org/archives/3914

中文 English

On January 15, 2014, the Beijing University Center for Civil Society Studies announced the 10 top events of 2013 selected by a group of experts from 16 events chosen through a multi-stage polling and selection process. While it was put together through an elite-driven process, it is informed by a perspective and spirit very different from the top 10 events selected by the Ministry of Civil Affairs.

1. Reform of the dual management system allows four different categories of Social Organizations (SOs) to register direct with the Ministry of Civil Affairs (MOCA)

Published in approximately 1989, the “Regulations for Management and Registration of Social Organisations” established a dual management system for the registration of SOs that has restrained their development and attracted continuous criticism from experts and professionals in the sector. In March 2013, during the first session of the 12th National Peoples’ Congress the “Blueprint on the Reform and Transformation of Civil Service Institutions and their Functions” was considered and adopted. In its 23rd clause, the blueprint states that “trade associations, chambers of commerce, scientific and technological organizations, charitable (or public benefit) organizations and urban-rural community service organizations will carry out MOCA’s direct registration system,” adding that “the system of rule-based management supervision for SOs will be strengthened and SOs encouraged to improve their internal governance structures.” Shortly thereafter, the State Council and MOCA published a series of decisions and policies, with MOCA Deputy Minister, Li Liguo, making numerous speeches to promote and clarify the reforms. In its first year, the new system of direct registration has already helped more than 19,000 SOs register with MOCA at all levels.

Party committees and governments in Yunnan, Anhui, Fujian, Dalian, Ningbo and Xiamen have all published detailed policy documents that promote the reform and innovation of SOs. On August 23, the Yunnan Provincial Party Committee and Yunnan Provincial Government published a paper setting out their “Opinions on Fostering the Development of SOs and Accelerating the Emergence of a Modern SO System” together with a series of accompanying policies, including the withdrawal of government from public fundraising for charities, local tax breaks and government procurement services.

Reasons for inclusion: The dual management system has received extensive criticism on account of its limitations. Government has finally responded to these criticisms with a practical response that is consistent with the governance trend of simplifying registration procedures for CSOs. However, real change has only just begun and the selective loosening of policies does not go anywhere near far enough.

2. Tang Hui (唐慧) wins the legal case against Yongzhou re-education through labor committee, prompting the revision of related laws.

On the afternoon of July 15, 2013, under the watchful gaze of several dozen journalists, Hunan Provincial High Court declared the “petitioning mother,” Tang Hui, victorious in her case against the Yongzhou Re-education through Labor (RETL) Committee. The presiding judge, whose declaration is final and cannot be appealed, upheld three of the plaintiff’s claims: to repeal Yongzhou Intermediate Court’s initial judgment, to grant the plaintiff compensation of RMB 1,641.15 for the loss of 9 days freedom (spent in detention) and a further RMB 1,000 for mental stress. In response, the Yongzhou RETL Committee commented that there would be a positive and appropriate outcome to the case.

All cross-sections of society took a great interest in the Tang case, with the NPC, as the legislative body, calling for a positive response. On December 25, the Standing Committee of the NPC, while deliberating over a draft amendment to the “Administrative Procedure Law,” expressed hope that work to revise the current law could progress at a faster rate. The case prompted a widespread debate over the abolition of the half-century-old RETL system which, thanks to the concerted efforts all walks of society, was finally repealed at the end of 2013.

Reasons for inclusion: Looking at this case, we can see a positive adjustment in the relationship between the state and the people, as well as an enormous energy at grass-root level to alter the behaviour of government institutions. The relationship between individual citizen rights and the power of government institutions has long been out of balance. Except for individual rights protection actions, the social conscience, public action and rational government, there has been no long-term effective remedy to this imbalance.

3. Contentious birth control policy is loosened by allowing “a couple to have a second child if one of the couple is an only child”. Demographic policy shifts away from overall size control to better distribution control.

With the onward march of time the spectre of an aging population marches ever closer into sight, leaving the State’s central policy of birth control facing an unprecedented challenge. Aside from citizens deprived of their reproductive rights, academics have long discussed and tabled reform proposals to address the triple-whammy of a declining fertility rate, a shrinking working-age population and the strain of providing social care to the elderly. On March 1, 2013, at a “Forum on Population Policy Reform” held at Beijing University, leading academic experts from all fields discussed and made proposals to address the most immediate threat to social development, namely uneven population distribution rather than population size, giving momentum to the ultimate goal of population policy reform.

On November 15, 2013, the Third Plenum of the 18th Central Committee approved the “Decision on Important Issues Regarding the Comprehensive Deepening of Reform” which clearly sets out the intention to “launch the implementation of a new policy that will allow couples that are both only children to have a second child.” The following day the Deputy Director of the National Health and Family Planning Commission, Wang Pei’an (王培安), set out further details of the launch and implementation. Meanwhile, even before the end of the year it was reported that work to revise related legislative procedures had already begun in a number of areas, including Beijing and Yunnan, who expect to begin implementation at the beginning of 2014.

Reasons for Inclusion: “Reducing gravestones by cutting the birth rate” is a slogan that demonstrates the level of commitment towards population size control. For the last 30 years, the strict enforcement of family planning policy has led to heart-wrenching pain for a whole generation of Chinese people. Today, as the country is left with the tragic reminder of millions of childless families who have lost their only child (due to illness or misadventure), there is also a need to face up to the demographic crunch of a declining birth rate, an aging population, and the serious issue of tens of millions of bachelors. The state has at last begun to correctly re-orientate the direction and pace of policy, even if it has not yet completely abolished the single child policy.

4. Air pollution pushes China’s environmental problems to the limit and citizen action prompts government to take on greater responsibility.

Severe air pollution impacted heavily on people’s work and lives across most cities in central and eastern areas during 2013, causing psychological anguish and high-level health risks. One by one, provincial governments in many areas began to monitor air quality data, including the PM2.5 index. At the same time, independent environmental monitors, including volunteers and environmental organizations from across a number of cities, coalesced into an online group called “Citizen Air Quality Observers” that collects and publishes PM2.5 data on its website from more than 10 cities. These observers stress the importance of “civic responsibility” in addressing the problem of air pollution and advocate for collective action, such as “cutting down on car usage by one day” and “setting off fewer firecrackers.”

As early as March 1999, experts from Tongji and Fudan universities in Shanghai had already begun to monitor PM 2.5 levels. At the beginning of November 2011, the American Embassy in Beijing began to publish PM 2.5 data on its website which, when re-circulated across the Internet by well-known Weibo personalities, rapidly brought the issue to people’s attention and, for a time, even sparked off an international dispute. Membership of the “Citizen Air Quality Observers” group also grew rapidly. In an effort to put citizens at ease, the Chinese government began, in 2012, to monitor and publish real-time PM 2.5 levels in a number of important regions including the Yangtze River Delta, Pearl River Delta, the Beijing-Tianjin-Hebei sub-region, as well as various municipalities and provincial capitals. As a result, tackling air pollution really has become part of the national consciousness, and a number of local governments have intensified their anti-pollution efforts, much to the approval of the masses.

Reasons for Inclusion: Regardless of our wealth or status, we all breathe the same air meaning that we are all victims of air pollution. The fact that previously, we ignored the capability of certain important technologies, and had divergent views with international partners is no longer important. But survival is in our own enlightened self-interest, which means taking collective action for mutual benefit, raising awareness of previous mistakes and focusing on controlling PM 2.5 as well as other measures as a new multifaceted model for dealing with problems of a collective nature.

5. The political and legal basis of the “China Dream” triggers a national debate, and the 3rd Plenum uses a “China ruled by law” to reach a verdict.

At the beginning of 2013, the media kicked off a wide-ranging debate to explore the political and legal basis of the China Dream. The China Dream is a concept – referred to in Xi Jinping’s speeches on the “New path of reinvigoration” and “Constitutional Government”, respectively made at a visitors exhibition at the National Museum of China and the 30th anniversary meeting in honor of the publication of the PRC’s constitution – that has resonated throughout society. Debate in the domestic and international media, as well as social media channels has been lively, involving academics from all major institutions as well as the general public.

On November 15, 2013, the Third Plenum of the 18th Central Committee approved the “Decision on Important Issues Regarding the Comprehensive Deepening of Reform” which sets out the commitment to build a society built on rule of law. This decision emphasizes the commitment to building an integrated system of rule of law that runs across all of society and government.

Reasons for Inclusion: A China based on the principle of ‘rule of law’ derives itself from the legal and political consensus of the “China Dream,” which was arrived at through debate among thinkers, intellectuals and the media throughout 2013. Using this form of open debate to achieve public consensus for political decisions is, in itself, a mechanism that is illustrative of a modern governance system.

6. From a zero-sum game to consultative democracy: the Yunnan PX project puts public reason to the test.

On April 18, 2013, two local environmental organizations in Yunnan, Green Kunming and Green Watershed, carried out an on-the-spot investigation of Yunnan Petrochemical’s one billion ton oil refining project in Anning City (referred to as the Yunnan PX Project). Despite being first discussed in 2004, the project only received feedback from the Ministry of Environmental Protection in July 2012, and was not officially approved by the Yunnan Provincial Government until the end of March 2013.

When the project was announced there was a panicked and concerned reaction from the Kunming public, owing to the omission of certain details, resulting in a peaceful protest by almost 3,000 citizens in Nanping Square on May 4. On the morning of May 10, the Kunming city government held a press conference to publically respond to rumours about PX due to public feeling towards the project. In a further move aimed at clearing up any misunderstandings and assuaging public concern, the Yunnan Government also invited citizen representatives to meet informally with chemical engineering experts. Towards the end of June China Petrochemical Company finally bowed down to publish pressure and published an “Environmental Impact Assessment of the Yunnan PX Project”, bringing closure to this incident.

Reasons for Inclusion: An example of how the public mobilised itself spontaneously to form a group that raised its legitimate concerns and objections to government. In response, the government – out of respect for public feeling towards the project – organised public consultation meetings to bring together stakeholders from government, industry and the public. When compared to PX projects in Xiamen, Dalian, Ningbo and other places that “stopped as soon as they hit problems”, the handling of the Yunnan PX incident promotes and highlights both the management capability of local government and growing public maturity.

7. The apology of Chen Xiaolu (and others) for their behavior during the Cultural Revolution finally addresses a historical issue.

The Red Guards “belated apology” (during the summer of 2013) for their behaviour during the Cultural Revolution attracted a lot of public attention. Liu Boqin from Shandong Province, fast approaching 60, was the first to issue an apology in Yanhuang Chunqiu “炎黄春秋” magazine’s 6th issue of 2013 where he reflected on his actions during the Cultural Revolution that brought pain and distress to teachers and colleagues, made a sincere apology and sought forgiveness for errors of the past. While he believes that his behavior was the result of the coercive influence of the Cultural Revolution he acknowledges that there is no escaping his personal responsibility for acts of individual evil. On August 20, Chen Yizhi’s son Chen Xiaolu published an article “Chen Yizhi reflects on the cultural revolution and makes a sincere apology” which acknowledges “having previously caused hurt to leaders, teachers and classmates at his old school” during the period 1966-1968 and makes a sincere apology to all former alumni. Concurrently, other former Red Guards including Song Jiqiao from Hebei, Zhang Hongbing from Anhui, Wen Qingfu from Hunan, Lu Jiashan from Shandong and Lei Yinglang from Fujian consecutively released their own forms of apology to people they had harmed during the Cultural Revolution. Some academics have pointed out that “the aim of apologizing for historical mistakes is not about victims apportioning blame on the perpetrators but rather a promise to the whole of society that the same mistakes will never be repeated again.”

Reasons for Inclusion: “Belated apologies” are a reflection of society’s need to lay ghosts of the past to rest. It is only after a nation has dealt with the nightmares and distorted truths of the past that it can begin to rise up again and regenerate. We need the courage to own up to our mistakes but also look forward to sincere forgiveness so that society can, by re-visiting its definition of human morality, create a new atmosphere of acceptance.

8. On day one of the Ya’an earthquake the One Foundation, a privately funded foundation, collected more donations than the government-organised Chinese Red Cross, putting pressure on government-run foundations to reform.

At just after 8 o’clock on the morning of April 20, 2013, an earthquake measuring 7.0 on the Richter scale erupted in the Lushan County area of Ya’an City in Sichuan Province. In response, the government issued a circular encouraging the public to make donations in support of relief and construction work to a foundation of their choice. By 4 o’clock on the same day, the Chinese Red Cross claimed, via Weibo, to have collected funds worth more than RMB 30,000 from 213 donors. According Yao Yao, the Deputy Director of the Communications Department of the One Foundation, an independent public fundraising foundation, the One Foundation had collected more than RMB 10 million by 8 o’clock the same evening: the contrast [with the Chinese Red Cross] sparked wide public interest and comment.

Exactly one week after the earthquake, data published on the website of the China Foundation Centre showed that RMB 1.49 billion had been raised by 115 foundations, of which more than RMB 170 million had been collected by the One Foundation. On the same day at 5 o’clock, the Chinese Red Cross announced on its website that it had raised RMB 566 million. This shows that although donations to the One Foundation far exceeded those made to The Red Cross on Day One of the earthquake, this trend was ultimately reversed.

Reasons for Inclusion: Being able to compare the fundraising success of organisations is a first in China, and one which essentially came down to a battle of public confidence. The change from an administrative mechanism which directs donations to a few GONGOs to a mechanism which allows individuals to donate to an organization of their choice has put private foundations firmly at the centre of the battle for public trust. In response to this pressure, GONGOs have had no option but to reform.

9. The Big V bloggers are sued and there is a powerful but controversial push for internet regulation.

On 20th August 2013 the Public Security Bureau (PSB) announced the closing down of internet design company Beijing Er Ma Interactive Marketing Strategy, Ltd. by the Beijing Police, detaining both the company’s legal representative Yang Xiuyu (known as Li er chai si) and former employee Qin Zhihui (known as ‘Qin HuoHuo’) in the process. Further arrests were made using information from the internet, including those of Zhou Lubao and Fu Xuesheng. During a 3-minute report on 23rd August, network television announced the arrest of Xue Manzi on charges of soliciting prostitutes, leading to widespread media controversy.

On the afternoon of 4th September, the State Internet Information Office of the PRC convened a briefing on “Striking down Citizens that Use the Internet to Spread Rumors” that was attended by 11 netizen representatives who held discussions on responsible internet expression. On 9th September the Supreme Peoples’ Court and the Supreme People’s Procuratorate published an article “Legal Remedy in relation to criminal cases that involve, among other, handling cases where online information networks are exploited for the purposes of slander” which states that use of the internet to slander another, posting slanderous information that receives more than 5,000 hits and the onward circulation of such information to more than 500 other users will all, henceforth, constitute criminal offences.

Reasons for Inclusion: The Internet is the main channel through which citizens exercise their right to access information and their right to expression. Following the publication of the internet supervision and management policy the public expressed concern that charges relating to crimes of expression could be made too easily. In particular, it poses the question of how to screen the internet effectively for slanderous information (or rumor-mongering) while at the same time protecting the public’s freedom to post reasonable comments. This remains an open question that needs to be further explored by government and society.

10. The Ya’an earthquake once again tests the capability of the disaster emergency response system. At the same time, social organizations and government finally show that they can cooperate well together.

On 20th April 2013, an earthquake measuring 7.0 on the Richter scale erupted in the Lushan County area of Ya’an City in Sichuan Province. In response, a rapid relief effort was launched by government, while CSOs were also quick to throw themselves into the rescue operation. On 23rd April, the Charity Foundation came together in an alliance with a number of other foundations to jointly launch a “Joint Relief Effort in response to the Ya’an Earthquake.” This not only established a coordination mechanism to deliver relief efforts but also made coordination a basic value for CSOs participating in the relief effort. As a result, CSOs formed a number of alliances to deliver the relief effort, thereby significantly increasing their overall delivery capacity. On 25th April, the government office coordinating the overall relief operation decided to establish a “Social Management Services Group” aimed at guiding and organising the relief effort in an orderly manner based on law. On 28th April, the “Social Management Services Group” established the “Sichuan Provincial Disaster Relief Volunteer Service Organization and Community Center”, which took on the responsibility of registering organizations and volunteers wanting to participate in the relief efforts, disseminating information in relation to need and guiding the overall effectiveness of relief work.

In the immediate aftermath of the earthquake, CSOs realised the need to work in partnership to deliver an effective relief effort and subsequently did so in an orderly fashion. Meanwhile, government, in its overall coordination role, established an organisation for the specific purpose of coordinating contributions from volunteers and CSOs. Following the Wenchuan earthquake of 2008, this demonstrates the growing maturity of both government and CSOs to work together to coordinate disaster relief efforts.

Reasons for Inclusion: CSOs make headway while under great pressure. In the aftermath of the Ya’an earthquake, CSOs have shown that they are capable of joining effective disaster relief and reconstruction efforts, and of cooperating with government in an innovative way. This represents progress for the whole of society and, in addition, shows that if CSOs want to become worthy partners, they first need to show that they are capable of self-organisation.

 

北京大学公民社会研究中心揭晓“”2013年中国社会领域十大事件

1. 双重管理体制改革,四类社会组织直接登记;

1989年前后确立的《社会团体登记管理条例》设计了社会团体双重管理的制度,因其对社会组织发展的苛刻限制,一直受到专家和业内的激烈批评。 2013年3月,十二届全国人大一次会议审议通过了《国务院机构改革和职能转变方案》,其中第二十三条提出“对行业协会商会类、科技类、公益慈善类、城乡社区服务类社会组织实行民政部门直接登记制度,依法加强登记审查和监督管理。健全社会组织管理制度,推动社会组织完善内部治理结构。” 国务院和民政部随后出台了一系列决定和政策,民政部部长李立国在多个场合发表讲话,阐释和推进改革。全年各级民政部门直接登记了19000多个社会组织。

云南、安徽、福建、大连、宁波、厦门等地党委政府也纷纷出台推进社会组织改革创新的文件。8月23日,云南省委、省政府出台《关于大力培育发展社会组织加快推进现代社会组织体制建设的意见》,同时出台一系列配套政策,在政府退出公益慈善募捐市场、地方性税收减免、政府购买服务等方面多有创新。

上榜理由:社会组织双重管理,苛刻限制备受批评。政府终于对此做出切实回应,顺应了简化社会组织登记注册程序的治理潮流。然而,实质改变才刚刚开始,选择性放宽还远远不够。

2. 唐慧诉永州劳教委案胜诉,公民维权推动相关法律制度修改.

2013年7月15日上午,在数十名记者注视下,湖南省高院终审宣判,“上访妈妈”唐慧诉永州市劳教委行政赔偿案胜诉。法院支持了唐慧的三项诉讼请求:永州市中院一审判决被撤销,永州劳教委赔偿唐慧被限制人身自由9天的赔偿金1,641.15元,并向唐慧支付精神损害抚慰金1,000元。对此,永州劳教委表示,将以一种积极、合适的方式来履行判决。

社会各界对唐慧案给予了广泛关注,全国人大作为立法机关也对社会呼声给予积极回应,12月25日,全国人大常委会分组审议行政诉讼法修正案草案时表示,期望这部法律的修改步伐能够迈得更大。唐慧劳教案曾一度引发废止劳教制度的大讨论,在社会各界的共同努力下,延续半个多世纪的劳教制度也终于在 2013年底走到尽头。

上榜理由:围绕唐慧事件,我们看到了公民与国家机构关系的积极调整,也看到了底层力量改变国家制度的巨大能量。公民个人与国家机构的权利失衡早成顽症,我们除了个人维权、社会良知、公共行动和国家理性的合剂,别无良药。

3. “单独二孩”在计划生育争议中放开,人口政策从数量控制转向结构优化.

随着老龄化浪潮日益逼近,以节制生育为核心的中国人口政策遭遇空前挑战。除了面对强制剥夺公民生育权的质疑,学术界早已开始对生育率走低、劳动人口 减少、养老负担沉重进行讨论并提出改革建议。2013年3月1日在北京大学召开的“人口政策改革研讨会”上,各界专家学者讨论提出人口结构而非人口数量已成威胁当下社会发展的重要因素,踢出了人口政策变革的临门一脚。

2013年11月15日,十八届三中全会通过《中共中央关于全面深化改革若干重大问题的决定》,明确“启动实施一方是独生子女的夫妇可生育两个孩子 的政策”。次日,国家卫计委副主任王培安介绍了启动实施“单独二孩”政策细则。据悉,北京、云南等地已于年底启动相关立法程序,并预计2014年初开始实施。

上榜理由:“宁添十座坟,不添一个人”,减少人口数量的决心何等坚决!三十多年来,独生子女政策的强制推行,给一代中国家庭造成了难以承受之痛。如今,面对百万失独家庭的丧子悲剧,面对未来加速的少子老龄化,以及几千万光棍的严峻形势,政府虽未废除独生政策,但朝着正确的方向迈开了步伐。

4. 雾霾将中国环境问题推到极致,公民行动促政府共担责任

2013年,全国东中部大部分城市地区发生恶性雾霾现象,严重影响人们的生活和工作,造成极大健康危害和心理恐慌。多地政府纷纷开始监测包括 PM2.5指数在内的空气质量数据。同时,近些年来各城市自发监测的环保志愿者和环保组织也于2013年集结起来,织成了一张覆盖十多个城市的民间自测 PM2.5的“民间空气观察”网络。民众强调治理雾霾过程中的“公民责任”,倡导“少开一天汽车”,“少放一点鞭炮”的公民行动。

早在1999年3月,上海同济大学和复旦大学的两个专家团队已经对上海市内环进行PM2.5监测。2011年11月初,美国驻华大使馆通过官网公布一组空气质量监测PM2.5数据,借微博名人转发,让PM2.5迅速引起公众的注意,一度引发跨国之争。“民间空气观察”网络的成员相继诞生。中国政府从 2012年起对京津冀、长三角、珠三角等重点区域以及直辖市、省会城市开展PM2.5监测,数据实时发布,安抚了民心。由此,治理空气污染,真正成为全民共识。多地政府加大行动力度治污,获得公众高度认同。

上榜理由:空气污染的恶果,让所有人都成为受害者,不分贫富、不分贵贱。曾经有过的技术冷落,曾经发生的国际争执,都不再是问题,自救、互助与集体行动,把所有误解都化为共识,围绕PM2.5的空气治理,构成公共问题多方共治的一个范例。

5. 中国梦的政治法律基础引发大讨论,三中全会《决议》以“法治中国”做结论

2013年元旦刚过,媒体展开了中国梦的法律政治基础的大讨论,是对习近平总书记年前在国家博物馆参观大型展览《复兴之路》的“中国梦”讲话和在首都各界纪念中华人民共和国宪法公布施行30周年会上的“宪政”讲话的社会反响。讨论在国内外媒体及社交网站热烈展开,吸引了各大高校相关专家学者和社会公众的参与和辩论。

与此呼应,2013年11月15日,中共十八届三中全会通过的《中共中央关于全面深化改革若干重大问题的决定》做出了以建设“法治中国”的结论。《决定》强调坚持法治国家、法治政府、法治社会一体建设。

上榜理由:法治中国是中国梦的政治法律共识。这一共识基于2013年思想界、知识界和媒体的激烈争论。这种民间探讨、庙堂回应的社会共识凝聚模式,本身就是现代国家治理的正途。

6. 从零和博弈到协商民主,云南PX项目考验公共理性

2013年4月18日,昆明当地环保组织“绿色昆明”和“绿色流域”对云南石化安宁1000万吨炼油项目(一种PX项目)进行现场调查。该项目自 2004年开始酝酿,2012年7月23日获得国家环保部批复,直到2013年3月29日昆明市政府才正式对外证实项目落户信息。

由于政府相关信息公示不充分,已被“污名化”的PX项目给昆明市民带来恐慌和忧虑。5月4日,近3000名市民在昆明市中心南屏广场以和平方式表达 诉求。5月10日上午,昆明市政府举行新闻发布会公开回应PX传闻并承诺尊重民意。此后,政府针对市民质疑两次邀请市民代表与化工专家进行座谈答疑,消除 误解。6月25日中石油应公众要求向社会公开《中国石油云南1000万吨/年炼油项目环境影响报告书》,至此该事件方告一段落。

上榜理由:民众自发组织积极参与社会管理,理性表达质疑和抗议,当地政府以信息公开搭建起政府、企业、公众对话平台,承诺尊重民意。比之厦门、大连和宁波等地PX项目“一闹就停”的零和博弈结局,云南PX事件的协商推进,彰显地方政府的治理能力和公众理性的提升。

7. 陈小鲁等“迟到的道歉”引发反思,解开的不仅是公民个人的历史心结

2013年夏天刮起的红卫兵“道歉风”引发广泛关注。年届六十的山东老人刘伯勤率先在《炎黄春秋》杂志2013年第6期发表《郑重道歉》,反思他本人在“文革”期间对一些师长、同学等人造成的伤害,诚恳道歉,冀恕前愆。他认为,当时的行为虽有“文革”大环境裹挟之因,但个人作恶之责亦不可泯。8月 20号,陈毅之子陈小鲁在网络上公开发表《陈小鲁反思文革真诚道歉》,代表“曾经伤害过老校领导、老师和同学”的老三届校友向他们郑重道歉。在这场“将道歉公之于众”的接力中,河北宋继超、安徽张红兵、湖南温庆福、山东卢嘉善、福建雷英郎等人纷纷以不同方式向文革中自己伤害过的人公开道歉。有学者指出, “对历史过错的道歉,目的不是追溯施害者的罪行责任,而是以全社会的名义承诺,永远不再犯以前的过错”。

上榜理由:“迟到的道歉”折射出民间良知的回归。每一个民族只有勇于直面曾经的苦楚与不堪,人性在扭曲之后才有望伸张,道德在失守之后才可能重建。我们需要忏悔的勇气,也期待宽恕的真诚。让我们的社会对人性的反省和道德的公建创造宽松的氛

8. 雅安地震首日募捐壹基金超红基会,民办基金会倒逼官办基金会改革

2013年4月20日8时02分,四川省雅安市芦山县发生7.0级地震,政府发布公告,鼓励社会力量和公众个人选择自己信任的基金会进行救灾捐助。 当日,中国红十字基金会腾讯官方微博发布消息称,截至16时共收到社会善款213笔,合计3万余元。民办公募基金会壹基金传播部副总监姚遥透露:截至当日 20时,经确认的救灾捐款已经超千万元。这一对比引发社会广泛评论。

截至27日8时02分,据中国基金会中心网数据统计,全国115家基金会共募善款物资10.49亿元人民币,其中壹基金募集1.7亿余元。当日17 时,中国红十字会官网称,该系统收到社会捐赠款物5.66亿元。数据表明,地震当日壹基金募得捐款远远高于红十字基金会,而后者最终在募捐总额上大大反超 壹基金。

上榜理由:此处募捐额本无可比性,募捐额高下实为公信力之争。从行政干预机制转变为社会选择机制,慈善基金会已经成为社会公信力的竞技场。面对民间公益基金会和社会舆论的双重压力,官办基金会改革势在必行。

9. 网络大V被诉,网络规制在争议中强力推行

2013年8月20日,公安部宣布北京警方打掉网络推手–北京尔玛互动营销策划有限公司,刑拘公司负责人“立二拆四”(杨秀宇)和该公司前员工“秦 火火”(秦志晖)。此后,公安机关又以网络造谣传谣抓捕周禄宝、傅学胜等。8月23日,“薛蛮子”嫖娼被抓,新闻联播用时3分钟进行报道,此事引起媒体的 争议。

9月4日下午,国家互联网信息办公室召开“打击网络谣言网民座谈会”,11位网民代表出席,就网络言论责任进行讨论。9月9日,最高人民法院、最高 人民检察院出台《关于办理利用信息网络实施诽谤等刑事案件的司法解释》,利用网络诽谤他人,同一诽谤信息实际被点击、浏览达5000次以上,或被转发达 500次以上可构成诽谤罪。

上榜理由:网络是公民实现知情权和表达权的重要渠道,网络治理是法治中国题中之意。网络监管政策出台之后,公众表达了对动辄因言获罪的担忧。如何不因噎废食,既能甄别网络虚假信息,又能保障公众意见自由合理表达,尚需政府和社会a共同探寻平衡之道。

10. 雅安地震再次考验救灾应急机制,社会组织与政府终于展现良好合作。

2013年4月20日,四川雅安发生7.0级地震,在政府做出快速救灾反应的同时,社会组织也很快投入到抗震救援行动之中。23日,基金会中心网与 多家基金会共同发起成立“中国基金会4.20救灾行动自律联盟”,建立救援协同机制,成为社会组织参与灾后救援的精神支柱。其间,雅安灾区出现了多个社会 组织联合而成的救灾联盟,有力提升了它们的救灾能力。25日,四川省抗震救灾指挥部决定设立社会管理服务组,引导和组织社会力量依法、有序参与抗震救灾。 28日,社会管理服务组建立了四川省级抗震救灾社会组织和志愿者服务中心,负责对参与抗震救灾的社会组织和志愿者进行登记、备案,发布灾区需求,引导他们 有序投入抗震救灾工作。

在雅安地震灾后救援行动中,社会组织自觉有序地结成联盟协同救援、政府在其主导的救灾机制中特意构建社会组织和志愿者服务体系,见证了2008年汶川地震后,政府与社会组织在灾害救援协作机制方面的共同成长。

上榜理由:社会组织在磨难中长进。雅安地震之后,社会组织已经能够有序参与救援与灾后重建,与政府合作的方式和机制都得以革新。这是全社会的进步。社会组织只有学会自组织,才能成为有份量的合作伙伴。

Translated by Matt Perrement

Reviewed by Shawn Shieh

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