A few days ago, the news of "a comprehensive ban on fireworks and firecrackers is illegal" sparked widespread discussion on the Internet, and "should the ban on fireworks and firecrackers be untied" became a hot topic, and on the morning of December 28, @央视网 expressed relevant views.
The full text is as follows:
The Spring Festival is approaching, and there are more and more voices calling for the lifting of the ban on fireworks and firecrackers. Recently, the news related to the "total ban on fireworks and firecrackers is illegal" has aroused concern and heated discussions.
On December 26, Shen Chunyao, director of the Legislative Affairs Commission 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 work of filing and review in 2023, and announced a number of typical cases of filing and review. Among them, the case of "a complete ban on fireworks and firecrackers is illegal" is mentioned.
Commenting on the case, the report said: "Some local regulations stipulate a complete ban on the sale and discharge of fireworks. 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 People's Republic of China, and other laws and administrative regulations do not make comprehensive prohibitions on the sale and discharge of fireworks and firecrackers that meet the quality standards, and at the same time authorize the people at or above the county level to delineate the time period and area for restricting or prohibiting the discharge of fireworks and firecrackersThe provisions of the relevant local regulations on the complete prohibition of the sale and discharge of fireworks and firecrackers are inconsistent with the relevant provisions of the Air Pollution Prevention and Control Law and the Regulations on the Safety Management of Fireworks and Firecrackers;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.
According to the report, after communication, the formulating authority has agreed to make changes to the relevant regulations as soon as possible.
After the case was released, it aroused the attention and heated discussions of netizens, and for a while, the entry "a complete ban on fireworks and firecrackers is illegal" appeared on the hot search list.
Many netizens have a supportive attitude towards setting off fireworks, "In the past, Chinese New Year's Eve was very lively, but now it is quiet, but there is no taste of the year", "It is not set off every day, just celebrate the New Year", "The ban on fireworks should be moderately relaxed, which is both everyone's voice and in line with the tradition of our country."
For the environmental pollution problems and fire hazards in the process of setting off fireworks and firecrackers, netizens have put forward suggestions.
Some netizens said, "It is recommended to demarcate the area, so that everyone can pay attention to fire safety, and not waste food due to choking", "stipulate what area is prohibited from fireworks, what area is controlled fireworks, and what areas are open for fireworks", and some netizens further proposed that "a specific time or place can be appropriately opened, reasonably arrange the area and time, do a good job in environmental sanitation and fire safety, and return the New Year's flavor to everyone".
According to previous reports, the ban on fireworks and firecrackers can be traced back to 1988 at the earliest, but it was not until 2015 that the serious problem of haze and air pollution made people reach a consensus on the ban on fireworks and firecrackers, and some places have successively issued a "ban on burning".
For example, in 2021, Panjin City, Liaoning Province** issued the "Notice on Prohibiting the Sale and Discharge of Fireworks and Firecrackers", which clearly stipulates that from December 20, 2021 to April 20, 2022, the sale and discharge of fireworks and firecrackers are prohibited in the city;In 2022, the Office of the Environmental Protection Working Committee of Dongying City, Shandong Province also issued an emergency notice, deciding to ban the sale, burning and discharge of fireworks and firecrackers in the city from January 15, 2022 to March 15, 2022.
It is worth mentioning that by the beginning of 2023, many places will adjust and loosen the policy of "comprehensive ban on burning and selling fireworks".
At the beginning of 2023, Henan, Guangdong, Shandong, Liaoning and other places changed "prohibition" to "restriction", stipulating that people can set off fireworks at specific times and areas.
As the news commentary said, the local ban on fireworks and firecrackers is nothing more than environmental pressure and safety hazards, but China has achieved remarkable results in environmental protection, and the demarcation of the time period and area that can be fired, and do a good job in safety measures has been a mature experience in various places.
Chinese people who have worked hard for a year should enjoy the joy of the New Year and should have the right to look up at the brilliant fireworks.
Now, before the Spring Festival in 2024, all localities should take the voice of the National People's Working Committee as an opportunity. It's time for the total ban on fireworks and firecrackers to end.
Previously reported
According to WeChat ***Rule of Law**", 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 26th on the record review work in 2023.
The report pointed out that in 2023, the Legislative Affairs Commission will urge the relevant normative document formulation organs to correct errors and correct them, and maintain the unity of the country's rule of law. Where normative documents such as laws and regulations or judicial interpretations submitted for filing or current are found to have problems with constitutionality, legality, or appropriateness, they shall be urged and promoted by the relevant normative document drafting organs to promptly amend, repeal, or formulate new provisions to replace the original provisions.
It is worth noting that the report also published a number of typical cases of filing and review, some of which involve the review and study of constitutionality and constitutionality-related issues, and some involve local regulations on ecological and environmental protection, local regulations on people's livelihood, relevant special regulations, local judicial normative documents and other normative documents.
The first of these. One, six, and seven cases have attracted special attention.
Case 1: The "joint sitting" of the close relatives of the persons involved in the crime is unconstitutional
Some municipal district deliberative and coordinating bodies have issued circulars to employ punitive measures against key persons involved in certain types of crimesIt restricts the rights of spouses, children, parents, and other close relatives of key persons involved in crimes in areas such as education, employment, and social security。Some citizens have put forward a review suggestion that such restrictive measures are in fact "sitting" and should be stopped.
China's constitution stipulates that citizens enjoy the rights provided by the constitution and the law and perform the obligations stipulated by the constitution and the law. According to the research of the Legislative Affairs Commission, the legal responsibility for any illegal and criminal acts should be borne by the perpetrators themselves, and cannot be connected or extended to others, which is a basic principle of the modern rule of lawThe relevant circular restricts a number of rights of the close relatives of persons involved in crimesViolating the principle of self-responsibility is inconsistent with the principle and spirit of the provisions of Chapter II of the Constitution on "the basic rights and duties of citizens", nor is it in line with the principles and spirit of the state's laws and regulations on education, employment, social security, and so on
The Legislative Affairs Commission and the relevant competent departments are to 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 standardized and advanced on the track of the rule of law.
Case 6: The penalty standard for private demolition of load-bearing walls in some places is too low
Some local regulations stipulate that if the owner or property user damages the load-bearing structure or main structure of the house, the relevant department shall order him to make immediate corrections and restore the original state, and may impose a fine of not less than 10,000 yuan but not more than 50,000 yuan;where the circumstances are serious, a fine of between 50,000 and 100,000 RMB is to be given. The organizations concerned have made recommendations for a review of this provision.
After review, the Legislative Affairs Commission believes thatThe penalty provision is significantly lower than the amount of fines stipulated in the administrative regulations, and the "concurrent" is changed to "imposable", which is a situation of relaxing control；Changes in the load-bearing structure and main structure of the house involve residents' housing and public safety, and local regulations shall strictly implement the relevant provisions of the superior lawRegulation should not be relaxed
After communication, the formulating authority has made amendments to the relevant provisions.
Case 7: Debatable blanket ban on burns
Some local laws and 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 first law and other laws and administrative regulations are important for the sale and discharge of fireworks and firecrackers that meet quality standardsThere are no comprehensive prohibitive provisions, and at the same time, people at or above the county level are authorized to demarcate the time periods and areas where fireworks are restricted or prohibited；The provisions of the relevant local regulations on the complete prohibition of the sale and discharge of fireworks and firecrackers are inconsistent with the relevant provisions of the Air Pollution Prevention and Control Law and the Regulations on the Safety Management of Fireworks and Firecrackers;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.
*: Observer Network, CCTV Network, WeChat***Rule of Law**"Editor: Zhao Jingyun Editor: Kong Wei Editor: Tie Liu**Please indicate**.
Guiyang Qianling Mountain Park, a 4A-level scenic spot, will soon be open for free!
With a speed of 100 kilometers per hour, the highway from Sichuan to Guizhou will be opened to traffic at the end of the year