Law reform: delegating central power in exchange of local wisdom(2)

"If the city legislature can turn successful policies in the pilot project to a local law, the policies will become more permanent arrangements and benefit the city that has suffered serious soil pollution. Otherwise, it might take a very long time for a local pilot project to be incorporated into a national law," she said.

However, she also worried that not all cities are prepared for the new power.

"If, as the bill regulates, the provincial legislature is to review city laws, provincial lawmakers would be pretty busy and should start preparing themselves," she said.

Zhang Guifang, a deputy and senior lawmaker from Guangzhou city legislature, also noted that city laws may cover a wide range of topics and it is hard to draw a line between what is within their power and what is not.

Responding to the concerns, Zheng Shuna, deputy director of the Commission for Legislative Affairs of the NPC Standing Committee, told a press conference Monday that the bill set up "five lines of defense" against possible abuse.

The bill only allows the cities to issue local laws about "rural and urban development and management, environmental protection, and preservation of historical heritage and cultural values."

It also regulates that the power should be granted step by step and the provincial legislature will decide which city is suitable.

City laws, which should not contradict with national, provincial laws and central government regulations, must be approved by the provincial legislature.

As the last resort, the NPC Standing Committee will examine their legitimacy and correct improper ones.

CHANGING ROLE OF LEGISLATION

Besides the delegation of legislative power, the bill also underlines statutory taxation, tightens check on administrative power and improves participatory legislative process.

Considered a foundation of China's legal system, the Legislation Law regulates how national laws, government regulations and local laws come into shape and which organizations hold the legislative power in the country.

The bill indicated a changing role of legislation since the law was adopted in 2000, Liang Ying said.

A decade ago a law was often an abstraction out of what have been done but now it is expected to be a step ahead the practice, accumulate consensus and help remove barriers for upcoming reform measures, he said.

Being reviewed by all NPC deputies indicated the significance of this bill, said Prof. Ying Songnian with China University of Political Science and Law.

"Without a properly-written Legislation Law, there is thin chance to make good laws. Without good laws, where should we start to realize the rule of law?" he said.