Revision seeking to prevent bad rules
Print Edition
A DRAFT revision to China’s Legislation Law bans ministries and local governments from issuing rules and policies that mitigate citizens’ rights or increase their obligations without legal foundation.
The bill was submitted for its third reading yesterday.
The provision in the bill is considered the national legislature’s attempt to prevent the executive branch from churning out inappropriate rules or policies.
In recent years, for the sake of economic development and social management, local governments enacted rules and policies that aroused concerns of abusing administrative power.
In anticipation of easing traffic jams and reducing air pollution, the Beijing city government banned residents from buying cars until obtaining registration licenses from a bimonthly lottery. Each private car in Beijing is required not to move during particular hours in one working day each week.
Some other cities followed suit.
A number of cities also adopted restrictive measures on residents purchasing real estate, hoping to squeeze out speculation in the housing market.
Liang Ying, of the Legislative Affairs Commission of the National People’s Congress Standing Committee, told reporters that he believes the executive branch would be more cautious of rules to be issued if the law is adopted.
“As Premier Li Keqiang said in his government work report,” Liang said, “it goes without saying that powers should not be held without good reason.”
“This provision will be a warning against unduly administrative rules,” Liang said.
The bill, nevertheless, allows local governments to issue temporary rules only in an emergency. Such rules will cease to be valid in two years unless local legislatures pass laws to support them.
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