At the seventh meeting of the Standing Committee of the National People's Congress held on December 26, 2023, Shen Chunyao, director of the Legislative Affairs Commission, made a report on the filing and review work, and put forward the view that "a comprehensive ban on fireworks and firecrackers is illegal".
The Legislative Affairs Commission found that some local regulations completely prohibit the sale and discharge of fireworks and firecrackers that meet quality standards, which is inconsistent with the provisions of the Air Pollution Prevention and Control Law and the Regulations on the Safety Management of Fireworks and Firecrackers.
1. The beginning and end of the prohibition of fireworks
The ban on fireworks began in 1988. At that time, after there was a broad consensus on the issues of smog and air pollution in 2015, various localities successively issued bans on burning.
However, by the beginning of 2023, the ban on burning and sales in some places has been adjusted and relaxed.
China has made significant progress in environmental protection, and it is effective in maintaining environmental protection and safety by delineating the time and area where fireworks can be fired, and taking the necessary safety measures. It is believed that the era of a total ban on fireworks should come to an end so that people can enjoy the fun of setting off fireworks during the New Year.
2. Relevant legal provisions
Article 28 of the Regulations on the Safety Management of Fireworks and Firecrackers only stipulates that fireworks and firecrackers shall be set off in accordance with the provisions of relevant laws, regulations and rules. Local people at or above the county level may, according to the actual situation of their respective administrative regions, determine the time, place and type of fireworks that are restricted or prohibited.In other words, the management regulations only give the local government the right to specify the time, place and type of fireworks, and do not grant the local government the right to prohibit people from setting off fireworks.
There is also no prohibition on the use of fireworks and firecrackers, only that fireworks are prohibited on specific occasions (such as schools, flammable and explosive places, etc.).
The legislative purpose of the Air Pollution Prevention and Control Law is mainly to control the pollution of the atmosphere caused by industrial and agricultural production.
Only in article 82, paragraph 2, it is stated that: "...No unit or individual shall set off fireworks and firecrackers in the time period and area prohibited by the people of the city. ”This article is similar to Article 28 of the Regulations on the Safety Management of Fireworks and Firecrackers, which only gives the local government the right to set up strict fireworks time periods and areas, and does not authorize the local government to deprive citizens of the right to set off fireworks.
For public law, "the law prohibits anything without authorization". These higher-level laws do not impose a comprehensive ban on fireworks and firecrackers, and allow the county level or above to demarcate the time period and area where restrictions or bans are made. Therefore, the legality of some local regulations prohibiting citizens from setting off fireworks is questionable.
3. Recommendations of the Legislative Affairs Commission
The Legislative Affairs Commission suggested that the relevant local regulations should be amended in accordance with the spirit of the provisions of the higher-level law, and the relevant enacting organs have agreed to make these amendments. This case has aroused widespread public attention and discussion, and netizens have different opinions on the use of fireworks.
Some have called for a modest ban on fireworks displays, arguing that it is a Chinese tradition to set off fireworks during the Chinese New Year, while others have suggested demarcating areas for fireworks and emphasizing the importance of fire safety and environmental protection.
Taking into account various factors, the National People's Working Committee clearly pointed out that it is not appropriate to completely ban fireworks and firecrackers in accordance with the law, and the relevant local regulations have been planned to be adjusted in order to be consistent with the higher-level regulations and meet the reasonable needs of the people.