The Spring Festival is approaching, and whether fireworks can be set off has once again become a hot topic. Recently, at the central level, the "comprehensive ban on burning" introduced in many places has been clearly required to be revised.
Recently, Shen Chunyao, director of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, reported to the seventh meeting of the Standing Committee of the 14th National People's Congress on the filing and review work in 2023. According to the report, some local regulations stipulate that the sale and discharge of fireworks and firecrackers are completely prohibited. Some citizens and enterprises have made suggestions for review of the blanket prohibition.
After review, the Legislative Affairs Commission believes that the Air Pollution Prevention and Control Law, the Regulations on the Safety Management of Fireworks and Firecrackers formulated by the State Council and other laws and administrative regulations do not make comprehensive prohibitions on the sale and discharge of fireworks and firecrackers that meet quality standards. With regard to the issue of a complete ban on sales and burning, there are differences in understanding, and it is difficult to enforce in practice, so it should be revised in accordance with the spirit of the provisions of the higher-level law. After communication, the formulating authority has agreed to make amendments to the relevant provisions as soon as possible.
Accordingly, the Legislative Affairs Committee of the Standing Committee of the National People's Congress and relevant departments urge the relevant organs to repeal the circular, and support the relevant competent departments in deploying and carrying out self-examination and self-correction nationwide, to prevent and avoid similar situations, and to ensure that law enforcement and judicial work is carried out in a standardized manner on the track of the rule of law.
After the Legislative Affairs Commission made a statement, the entry "Relaxation of the Burning Ban" quickly appeared on the hot search list.
Chang Jiwen, deputy director of the Institute of Resources and Environmental Policy of the Development Research Center of the State Council, told reporters that in recent years, many people hope that some localities will revise the "ban on burning," and he is glad that the Legislative Affairs Committee of the National People's Congress has responded positively to this. "It is a tradition in the mainland to set off fireworks and firecrackers during some major holidays and events, and the adjustment of the 'ban on fireworks' can allow everyone to better feel the festive atmosphere and the warmth of the regulations. ”
Text | Zhou Qunfeng
This article is reprinted from the WeChat public account "China News Weekly" (ID: chinanewsweekly), the original article was first published on January 6, 2024, with the title "Can you fire guns during the Spring Festival this year?".
1
"Forbidden" and "restricted" gambling for nearly 40 years
Looking back at the regulatory policies on fireworks and firecrackers in many places, they can't escape the words "ban" and "limit", which is also a game between traditional folk customs in the mainland and environmental protection and public safety.
The "ban on burning" can be traced back to the 80s of the 20th century. After the reform and opening up, with the improvement of living standards, the number of fireworks and firecrackers set off by the people increased, which brought some fire and injury accidents.
On November 10, 1986, the Beijing Municipal Government promulgated the Interim Regulations on the Safety Management of Fireworks and Firecrackers, which clarified that except for special circumstances and with the approval of the Municipal Public Security Bureau, fireworks and firecrackers are prohibited in the Tiananmen area, railway stations, bus stations, airports and public transportation intersections, gymnasiums (venues), public entertainment venues, hospitals and other places. On December 1, 1993, Beijing implemented the "Regulations on the Prohibition of Fireworks and Firecrackers", which banned fireworks in most areas such as Xicheng District, Dongcheng District, Haidian District, Chaoyang District, etc., and will "gradually ban fireworks and firecrackers in the administrative area of the city".
The original "Legal Daily" reported that since then, a "ban wave" has spread across the country, and 282 cities, including Shanghai, Wuhan and Xi'an, have issued similar decrees banning fireworks. Most of these bans were issued between 1992 and 1995.
After the issuance of the "ban on burning" in many places, calls for "hope to set off firecrackers and regain the flavor of the New Year" continued to appear, and in this context, some urban policies began to loosen.
In December 2003, Qingdao, Shandong Province, took the lead in revising the policy to allow fireworks to be set off during the Spring Festival. Before the Spring Festival in 2005, the Beijing municipal government allowed residents living outside the city's eighth district and the fifth ring road to set off fireworks.
According to media statistics, 106 cities spent the Spring Festival in 2005 with the sound of firecrackers. By the end of 2006, more than 200 cities across the country had implemented the "ban on reform restrictions".
In 2013, severe smog swept through many cities across the country. Since then, the policy of setting off fireworks and firecrackers in many places has begun to tighten.
According to the Ministry of Public Security, in 2017, fireworks were banned in 444 cities across the country, and 764 cities were restricted, and in 2018, fireworks were banned in 803 cities at or above the county level.
In some places, the implementation of the "ban on burning" has not been smooth. For example, on January 14, 2017, the Office of the Leading Group for Environmental Pollution Prevention and Control in Henan Province issued an emergency notice to further expand the scope of the ban on fireworks and firecrackers, and the province, including towns and rural areas, will completely ban fireworks and firecrackers during the Spring Festival. This is also known as the "most strict burning order" in Henan Province.
To the surprise of the authors, the "ban on burning" has attracted a lot of opposition. Nearly 100 fireworks dealers in Henan Province gathered in Zhengzhou to report the situation to the Henan Provincial Government. On January 16 of that year, the above-mentioned office urgently issued a document to withdraw the "ban on burning". The office staff told the media that "the turn was too fast and a little caught off guard". The staff of the Henan Provincial Environmental Protection Department explained that after the document was issued, the public reacted strongly, considering that the notice may contradict traditional Chinese culture, and after research, it was decided to withdraw the notice.
Policies are changing, and the game of opinions has never stopped.
Liu Haijun, deputy director of the Ecological Environment Bureau of Lianyungang City, Jiangsu Province, once said that fireworks and firecrackers will produce gaseous pollutants such as sulfur dioxide and carbon monoxide, and the Spring Festival period is a high incidence period for fireworks and firecrackers, especially after a large number of fireworks and firecrackers are set off, which can cause the ambient air quality to instantly reach severe and above pollution levels. Under unfavorable meteorological conditions, the air pollutants produced cannot be dispersed in a short period of time, and will also lead to long-term continuous environmental pollution.
Xie Zhiyong, vice president of the Beijing Government Legal Research Association, believes that from the perspective of protecting excellent traditional culture or folk culture, restricting or banning fireworks is actually good for protecting air quality and the safety of densely populated urban areas, but it has also caused a negative impact.
Chang Jiwen told reporters that his attitude towards fireworks and firecrackers has also undergone a transformation process from supporting "strict control or even banning" to calling for "banning and restricting".
In 2013, based on the serious situation of air pollution at that time, Chang Jiwen believed that for the health of citizens, local governments could restrict or even prohibit the use of fireworks during the Spring Festival in combination with the current situation of meteorological and air pollution.
Chang Jiwen said that in recent years, through a variety of measures, the effectiveness of air control in the mainland has been emerging, especially in the past two years, the average annual PM2.5 concentration in many cities is 20~30 micrograms per cubic meter. Although it will continue to improve, if fireworks are allowed during the Spring Festival, the annual proportion of air pollutant concentrations is very small. Therefore, there is now an objective necessity for "prohibiting and restricting changes".
To this end, he has repeatedly appealed to the leaders of the relevant institutions of the Standing Committee of the National People's Congress and the Beijing Municipal People's Congress to "ban and restrict". Chang Jiwen's transformation also represents the thinking of many people. Since 2023, the call for lifting the "ban on fireworks" has been rising in many places, and 11 deputies to the National People's Congress in Shenzhen have put forward the "Proposal on Lifting the Fireworks and Firecrackers of Urban People".
On December 11, 2023, the website of the Shenzhen Emergency Management Bureau issued a message in response that it was not appropriate for Shenzhen to lift the ban on fireworks. At present, the fireworks sold in the market are no longer fireworks in the traditional sense. In order to pursue the shock effect, the volume of fireworks and firecrackers is getting bigger and bigger, the tricks are becoming more and more novel, and the killing radius of the explosion is different, and some of the explosion power has been equivalent to a small bomb, which can easily cause disability or even death.
The bureau also said that during the Spring Festival in 2023, cities such as Beijing and Shanghai will demarcate areas in the open area of the urban-rural interface to allow citizens to set off fireworks and firecrackers within a limited time, but it is difficult for Shenzhen to do so. In addition to high-density buildings, Shenzhen is an urban park with lush vegetation, and there is no empty urban-rural interface. When it comes to setting off fireworks, Shenzhen's natural conditions and policy orientation are not comparable with other first-tier cities in China.
The reporter noticed that in December 2023, many places across the country still announced a ban on fireworks and firecrackers at all times and at all times.
On December 7, 2023, Xianyang City, Shaanxi Province, issued a notice stating that the sale of fireworks and firecrackers was prohibited throughout the entire administrative area of the city, and on December 14 of the same year, Gushi County, Henan Province, said that fireworks and firecrackers were prohibited in the whole county at all times. In addition, Wuyang County, Bozhou City, Anhui Province, and Xuchang City, Henan Province, have also issued notices on the ban on burning in the whole area.
When these cities issued a "ban on burning", they also mentioned the punishment of fines.
On October 23, 2023, the Zhouzhi County Government of Xi'an City, Shaanxi Province issued the "Notice on Prohibiting the Sale and Discharge of Fireworks and Firecrackers", stating that those who illegally operate fireworks and firecracker products will be ordered by the emergency management department to stop illegal business activities, impose a fine of between 20,000 yuan and 100,000 yuan, and confiscate the illegally operated items and illegal gains.
A section chief surnamed Guo of the Zhouzhi County Emergency Management Bureau told reporters that Zhouzhi County has completely banned the sale and release of fireworks and firecrackers for several years, and all areas of the county, including rural areas, have been banned from selling and banning. "Judging from the punishment, there are many fines of tens of thousands of yuan, and many people have been detained for illegal storage and sale of fireworks and firecrackers. ”
2
How to implement "loosening"?
After the Legislative Affairs Committee of the National People's Congress performed its duty of filing and review and stated that the local government would revise the "ban on burning", some districts and counties have responded positively and relaxed the ban on the whole area to a zoning ban.
On December 29, 2023, the Zhangqiu District Government of Jinan City issued an announcement stating that according to the "Regulations on the Prohibition of Fireworks and Firecrackers in Jinan City", combined with the actual situation of Zhangqiu District, the scope of fireworks and firecrackers prohibition has been delineated. The announcement will come into force on December 30, 2023 and will be valid until September 30, 2027.
Previously, the Zhangqiu District Government had issued an announcement stating that from January 1, 2019, fireworks and firecrackers will be prohibited in the whole district, and fireworks and firecrackers shall not be sold (stored).
Wang Chengdong, a professor of administrative law at China University of Political Science and Law, told reporters that setting off fireworks is a natural right of citizens and an important way for Chinese people to express their feelings. However, judging from the actual situation, some restrictive regulations of the National People's Congress and the State Council have been increased at the local level, and even some districts and counties have demanded a "ban on burning in the whole area" and "ban on the release of fireworks at all times", which is a kind of deprivation of citizens' rights. The statement of the Legislative Affairs Committee of the National People's Congress is a response to the voice of the masses.
In 2006, the State Council promulgated the Regulations on the Safety Management of Fireworks and Firecrackers, which clearly stated that "local people's governments at or above the county level may, according to the actual situation of their respective administrative regions, determine the time, place and type of fireworks and firecrackers that are restricted or prohibited".
According to the analysis of public opinion, this authorization provision has to a large extent given local governments at and above the county level room for discretion, and one purpose is to encourage all localities to make scientific arrangements and deployments flexibly and flexibly according to the comprehensive consideration of the actual situation, so as to avoid the "one-size-fits-all" rigid policy.
However, in reality, many local governments have adopted the measure of "banning burning in the whole area". Chang Jiwen said that the fundamental reason for the "global ban on combustion" in many places is the pressure of air pollution control assessment.
Chang Jiwen told reporters that he had discussed the topic with many mayors, district and county magistrates, and the director of the environmental protection bureau, and they also generally believed that the one-size-fits-all approach of "banning the whole area of combustion" was unreasonable, and hoped that the "ban could be changed to a restriction". However, under the pressure of air pollution control, they are also worried about being held accountable if it is fully liberalized.
On December 27, 2018, the Anhui Provincial Party Committee and the Anhui Provincial Government issued a notice to hold 151 cadres accountable. It is mentioned that Bozhou City's air pollution prevention and control work is ineffective, and the air quality continues to deteriorate. "The Bozhou municipal government has set off fireworks many times when organizing relevant events, despite the heavily polluted weather, which has exacerbated local air pollution. The then mayor of Bozhou and the then director of the Bozhou Environmental Protection Bureau were given warnings.
A staff member of the Emergency Management Bureau of Wuyang County, Bozhou City, Anhui Province told reporters that according to relevant documents of Bozhou City, in December 2023, Wuyang County issued the "Notice on the Comprehensive Ban on Fireworks and Firecrackers". Wuyang County has implemented a complete ban on burning for many years, and it has been completely banned from January 1 to March 31 every year in recent years. "The air pollution in Bozhou is very serious, and the pressure in Bozhou City is very high."
A section chief of the Zhouzhi County Emergency Management Bureau in Shaanxi Province also told reporters that the ban on sales and release in Zhouzhi County is related to serious air pollution.
On April 6, 2023, Zhouzhi County held a mobilization meeting for the county's special action on air pollution control. At the meeting, Wen Qiwei, secretary of the county party committee, pointed out that in recent years, the air quality in Zhouzhi County has shown a steady and improving trend, but the results are not stable. The situation facing air pollution control is still grim, and the task is still arduous.
Chang Jiwen stressed that the "ban and restriction" is an adjustment made according to the air pollution situation and the voice of the people, not a negation of the previous air pollution prevention and control work. He suggested that in order to ensure that some local governors and environmental officials do not have to worry about the future, the air pollution index could be excluded from the assessment indicators on Chinese New Year's Eve, Spring Festival and Lantern Festival.
Wang Chengdong also believes that in the future, if we want to implement the "ban and change restrictions", the key is to adjust the environmental protection assessment method, "not only let the horse run, but also want the horse not to eat grass." Only by making the assessment of air pollution more scientific can we make the 'ban and change limit' not just a formality." Of course, this relaxation still needs to be discussed and formulated by relevant departments."
The vast territory of the mainland and the large differences between cities also determine that when formulating the "ban on reform and restriction" policy, the ability of local governments to respond will be tested.
Chang Jiwen said that relevant cities should delineate the areas and times that can be set off according to their own conditions, standardize the varieties of fireworks and firecrackers, and reduce pollution and noise. He suggested that in addition to the corridors, rooftops, residential areas, crowded places, hospitals and other places shall not be fired, all localities can demarcate areas that allow regular fireworks at the entrance of the community, large squares, open areas and other areas, and stipulate the types of fireworks and firecrackers. Some fireworks and firecrackers companies should also improve their technology and develop environmentally friendly fireworks to reduce air pollution.
Wang Chengdong believes that after the "ban and restriction", in densely populated urban areas, places with a lot of combustibles (gas stations, chemical plants, etc.) and special places (hospitals, elderly care institutions, etc.) are not suitable for liberalization. Different cities should demarcate which places can be set off according to their own characteristics, and in the process, they should pool their wisdom and solicit the opinions of the masses.
He said that there is still more than a month before the Spring Festival. After entering January 2024, local people's congresses at all levels will meet, and local policy adjustments should be concentrated before the Spring Festival. It is expected that this will be implemented at the local people's congresses, including the relevant meetings of the government.
"So my judgment is that this year's Spring Festival will hear more firecrackers, a little more lively than in previous years. Wang Chengdong said.
3
How to correct the deviation of the filing and review system?
After the filing review corrected the "ban on burning", the filing review system has also attracted attention.
According to media reports, the record review is to review and study the constitutionality, legality, appropriateness and other issues in normative documents such as laws and regulations, judicial interpretations, etc., and urge the formulating organs to make corrections if there are problems that do not conform to the Constitution and laws and are obviously inappropriate. The department mainly responsible for this work is the Legislative Affairs Commission of the Standing Committee of the National People's Congress.
China's record-filing review mechanism began in 1979 with the Organic Law of the People's Republic of China on Local People's Congresses and Local People's Governments at All Levels, which stipulates that the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the specific conditions and actual needs of their respective administrative regions, formulate and promulgate local regulations on the premise that they do not contradict the Constitution, laws, policies, decrees and decrees of the People's Republic of China, and report them to the Standing Committee of the National People's Congress and the State Council for the record.
Wang Chengdong said: The Legislation Law clearly states that citizens, social organizations, enterprises, and public institutions may submit proposals to the Standing Committee of the National People's Congress for examination, and the working bodies of the Standing Committee will conduct the examination. The specific place to submit comments depends on the specific object of review.
For example, the Shijiazhuang Municipal People's Congress and its Standing Committee in Hebei Province have passed a local regulation, and the Standing Committee of the Hebei Provincial People's Congress has the right to directly review it. Other entities (such as citizens, the Shijiazhuang Municipal Government, the Shijiazhuang Municipal People's Congress, the Municipal Procuratorate, etc.) may submit review suggestions to the Shijiazhuang Municipal People's Congress and the higher-level People's Congress up to the Legislative Affairs Committee of the Standing Committee of the National People's Congress. Wang Chengdong gave an example.
Qin Qianhong, a professor at Wuhan University's law school, said that filing review is mainly a form of post-event supervision, and its direct purpose is to ensure the unity of the rule of law. It has been more than 40 years since the establishment and operation of the filing and review system, and more and more of it has been seen by the outside world as the result of the "two-way joint efforts" of the government and the private sector.
He believes that because of each specific case, the filing and review system has been "activated". The most typical example is the case of Sun Zhigang, where people looked for a way to change in the rule of law, discovered the filing and review system, and finally prompted the State Council to take the initiative to abolish the custody and education system by submitting it to the Standing Committee of the National People's Congress for filing and review.
Since 2017, the Standing Committee of the National People's Congress has heard and deliberated the report of the Legislative Affairs Commission on the filing and review work every year. Liang Ying, then director of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, said in December 2017 that after the Legislative Affairs Committee of the Standing Committee of the National People's Congress received the review suggestions put forward by citizens and organizations, each item must be registered and numbered, so there will be absolutely no phenomenon of falling into the sea.
According to reports, usually, after receiving the review suggestion, it is necessary to sort out after registration to see whether it falls within the scope of the review. If it does not fall within the scope of the NPC Standing Committee's review, it will be forwarded to the relevant departments, and a transfer letter will be issued at the same time, requiring the relevant departments to give feedback on the results to the person who made the review proposal, and if necessary, to the NPC Standing Committee. Where they are included in the scope of the review, the Standing Committee of the National People's Congress will send the review recommendations to the organs that formulate administrative regulations, local regulations, or judicial interpretations, such as the State Council, the Supreme People's Court, the Supreme People's Court, and local people's congresses, and request that explanations and feedback be made within a specified time limit, limited to 15 days or one month.
According to Shen Chunyao, in 2023, a total of 2,827 review suggestions will be received from citizens and organizations, of which 2,282 will be sent in writing and 545 will be submitted through the online submission platform for filing and review. The Legislative Affairs Committee of the National People's Congress is to study the review suggestions one by one, put forward review opinions, and give feedback to the review suggestors in accordance with regulations.
Wang Chengdong told reporters that the mainland's filing and examination system is now relatively perfect. According to the provisions of the Supervision Law and the Legislation Law, people's congresses at all levels have the power to supervise. At present, the work of filing review and supervision is mainly concentrated in the National People's Congress. "In fact, especially the people's congresses and their standing committees at the provincial level, and the people's congresses and their standing committees of larger cities (such as provincial capitals and sub-provincial cities) should also perform their duties separately, and should not gather all the issues to the NPC. ”