Law revision tightens check on administrative power

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.[Special coverage]

The bill was submitted Sunday to the ongoing national legislative session for its third reading.

The provision in the bill is considered as 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 the administrative power.

In anticipation of easing traffic jam and reducing air pollution, the Beijing municipal government banned residents from buying cars except after getting car registration licenses from a bi-monthly 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 properties, 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 Xinhua 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 if in emergency. Such temporary rules will turn invalid in two years unless local legislatures pass laws to support them.