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Vehicle restrictions

[Problem] Some regional governments rolled out policies to reduce the number of cars on road or put a limit on the properties you could buy. For example, the Beijing government announced in a statement to control the number of cars on road – which is still effective, and Shenzhen abruptly announced a car purchase restriction at the end of last year. We can understand that governments should take some measures for the sake of the public, but does it ever come to them that who gives them the power to be so "capricious"?

[Revised law] It is made very clear in a new clause in the draft that without laws, administrative regulations and regional rules, city governments are no longer allowed to set rules to hurt the rights of a citizen and organization, or to add their obligations. Government agencies are either not allowed to do so without laws or the State Council's regulations, rules or orders. They are not permitted to increase their power or reduce their legal obligations as well.

[Interpretation] Ma Huaide, vice president of China University of Political Science and Law: The restrictive measures adopted regionally can mostly be categorized as rules. Many citizen rights granted by laws are nibbled away by these regional rules. These unreasonable measures seem to have the legal support, but the regional rules are actually not able to provide the legitimacy. It's violating the principle that only the law grants one's power.

Peking University's Jiang Ming'an: Governments need judicial support if they want to put forward such restrictive measures, instead of simply releasing a notice. The fairness in the procedure must be shown, as public hearings and discussions are necessary when making decisions. If a government urgently needed a measure during its management, it should release a notice first, and then ask the regional congress to draw up rules.

There will be laws on chengguan and environment protection

[Problem] The rude working style by chengguan, or urban patrol offices, is a striking problem in many cities. Actually for a long time the urban management institutions and who grants them the power remains very vague. Similarly, in some areas, laws are not in place for urban management and environment protection. Regional govvernments just give themselves the power, or there are no statutes to apply.

[Revised law] It's newly added in the draft that the people's congresses and their standing committees in big-sized cities can promulgate regional regulations in the regards of urban or countryside construction and management, environment protection, historical and cultural preserve. These rules should reflect the real conditions and basic needs of a place, and should not conflict with the Constitution, laws or other regional and administrative regulations.

[Interpretation] Peking University's Jiang Ming'an: Giving more power to regional lawmaking bodies is urgently needed when we try to deepen the reforms in regional areas. Take my hometown Yueyang (Hunan province) as an example, the nation or the province would not make a special law to protect the city's Dongting Lake, Junshan Mountain or Miluo River. But if Yueyang is empowered to make laws, it could draw up a regional rule for the Dongting Lake to protect its environment.

Li Xiaobing, vice professor of Nankai University's Law School: there are a total of 49 cities that have the power to lay out regional rules. If the draft is approved, the number will increase to 282. The power of making laws in these cities is closely related to the life of ordinary people and basic management of the society. For example, the Chengguan system is not supported by law. After cities are granted the legislation power, they can draw up comprehensive rules in the regard.