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March 9, 2015

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Plan to let more cities make local laws

A DRAFT revision of China’s Legislation Law may give 284 Chinese cities the power to make local laws. It was tabled for reading at the ongoing national legislative session yesterday.

So far only 49 cities have legislative power, including 27 provincial and autonomous regional capitals, four cities in special economic zones and 18 cities selected by the State Council.

Although the bill expands legislative power to 235 more cities, it imposes strict limitation in a bid to avoid overlapping and maintain the unity of the legal system, said Li Jianguo, vice chairman of the National People’s Congress Standing Committee, when explaining the bill to NPC deputies.

They are only allowed to issue local laws about “rural and urban development and management, environmental protection, and preservation of historical heritage and cultural values,” according to the bill.

Considering there is a huge number of cities and their conditions vary a lot, the bill suggests that legislative power be granted step by step.

It entrusts provincial legislatures to determine how and when the cities will be granted the power, based on their population, territory, social and economic development, the need for legislation and legislative capacity.

It also regulates that autonomous prefectures of ethnic minorities should enjoy the same local legislative powers as those cities.

However, there are still three cities that share similar economic and demographic situations with the 284 ones but are excluded because of administrative formalities, Li said.

The NPC Standing Committee suggested the NPC deputies consider granting them legislative power as well, he said.

Professor Ying Songnian of the China University of Political Science and Law told reporters that more and more Chinese cities find themselves in need of local laws to better address local problems as national law is too rigid.

“In a large and populous country like China, different cities could have completely different priorities and problems,” he said.




 

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