On December 26, Shen Chunyao, director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, reported to the Standing Committee of the National People's Congress on the filing and review work in 2023, mentioning that after reviewing some typical cases, it was found that there were problems of constitutionality, legality, and appropriateness. One of the things that has attracted much attention is that local regulations stipulate that it is illegal to completely prohibit the sale and discharge of fireworks.
For a long time, there have been fierce differences in society over the ban on burning and discharging, and the comprehensive ban on burning and discharging that has been implemented for many years has been increasingly challenged by public opinion. The Spring Festival is approaching, and many people are looking forward to "lifting the ban".
According to the Legislative Affairs Commission, laws and administrative regulations such as the Air Pollution Prevention and Control Law and the Regulations on the Safety Management of Fireworks and Firecrackers do not have comprehensive prohibitions on the sale and discharge of fireworks and firecrackers that meet quality standards, and the provisions of local regulations on the comprehensive prohibition of the sale and discharge of fireworks and firecrackers are inconsistent with the provisions of the superior law. 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.
In the past, everyone only carried out the ban from the direction of respecting public opinion, but now the Legislative Affairs Commission has directly given the tone of "illegal". Although this does not mean that the ban can be lifted immediately, it at least reminds society and local managers that the air pollution prevention and control law is not a basket that can be loaded with everything, and the administrative department should not be too capricious in issuing regulations.
According to the interpretation of the Legislative Affairs Commission and relevant laws, administrative departments at or above the county level may formulate their own bans on fireworks and firecrackers, and may limit the time and area, but they cannot be one-size-fits-all, let alone use the words "comprehensive ban" that contradicts the superior law.
In fact, this characterization of the Legislative Affairs Commission is far more meaningful than the complete lifting of the ban. The ban on burning and discharging may still be up for debate, and some localities have used the "Air Pollution Prevention and Control Law" as an order, even to the point of absurdity.
An example of this is the "eco-friendly coal" incident in Shijiazhuang, Hebei Province, where a 70-year-old man was confiscated from a ton of loose coal and forced to buy designated "eco-friendly coal". The reason is that scattered coal pollutes the air, because there are local laws and regulations as the basis, and in the face of society, law enforcement departments are very tough.
Not only did the masses pollute the air by burning coal, but the processing of noodles by merchants was also stopped because of the air pollution. On December 25, Shijiazhuang Baifo Vegetable Market posted an announcement, saying that it had received a notice from its superiors that due to air pollution, it was ordered to stop the processing and production of noodles, cakes and pancakes.
After the incident, the local sub-district office made a briefing, saying that the market had asked the merchants to close down on the grounds of air pollution without the permission of the environmental protection department. But at the same time, it was also said that these merchants had hidden dangers that needed to be rectified, and the hidden dangers were not reported, and the merchants said that they were required to install vacuum cleaners that were specially used to sucuumize dust.
The market must be more wronged than Dou E, if it is not for the requirements of the higher authorities, who would want to cut off their own financial routes?Residents use "eco-friendly coal" and special "vacuum cleaners" to make noodles, all of which are due to air pollution. Located inland, the atmosphere does not spread, and the people have become the culprits.
Any of these things cause less pollution than fireworks and firecrackers, but the trouble caused is far greater than the ban on burning. Since the blanket ban on burning and discharging is illegal, dare to ask, is it illegal to rack your brains to cut the lives of the people so much?
The Legislative Affairs Commission should hold local governments accountable for their abusive acts and violations of higher-level laws and regulations, rather than simply requiring amendments. The official authority needs to be supported by the law, the local regulations cannot be arbitrary, and the air pollution prevention and control law is not a basket that can be filled with everything