CCTV News on December 28 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 time periods and areas that can be fired, and safety measures have been matured 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.
Recently, 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 filing and review work in 2023. Among them, the provisions on the prohibition of fireworks and firecrackers in many places are inconsistent with the higher-level law, which has attracted widespread attention. The report pointed out that some local regulations prohibit the sale and discharge of fireworks and firecrackers, which are contrary to the relevant provisions of the Air Pollution Prevention and Control Law and the regulations on the safety management of fireworks and firecrackers。This conclusion provides a legal answer to the long-standing controversial issue of fireworks ban, and also points out the direction for the formulation and implementation of relevant policies in various places.
The starting point for a total ban on fireworks and firecrackers is environmental protection and public safety. In recent years, with the deterioration of air quality and frequent smog weather, it is widely believed that setting off fireworks has exacerbated air pollution. At the same time, fireworks and firecrackers are easy to cause fires, injuries and other safety accidents, bringing hidden dangers to public safety. For this reason, some cities and regions have adopted measures to completely ban burning, with the aim of improving the quality of the environment and maintaining public safety. However, whether this "one-size-fits-all" approach is really justified and necessary is worth further**.
From a legal point of view, the provisions of local regulations on the complete prohibition of the sale and discharge of fireworks and firecrackers have not been authorized by the higher-level law. National-level 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 make comprehensive provisions on the use of fireworks and firecrackers. This means that the rule of a blanket ban on local combustion is legally untenable. The conclusion of the examination of the Legislative Affairs Committee of the Standing Committee of the National People's Congress is of great significance for correcting this excessive practice and is conducive to maintaining the unity and authority of the law.
For areas that have previously implemented a comprehensive ban on burning, the relevant policies should be revised as soon as possible in accordance with the provisions of the higher-level law. In the process of revision, the actual needs of environmental protection and public safety should be fully considered, and a reasonable balance should be sought. On the one hand, the goals of environmental protection and public safety can be achieved by strengthening the management of quality standards for fireworks and firecrackers, limiting the time and place of fireworksOn the other hand, through the promotion of new products such as environmentally friendly fireworks and firecrackers, we can also guide the public to reduce fireworks and reduce the negative impact on the environment.
At the same time, the review conclusion of the Legislative Affairs Committee of the Standing Committee of the National People's Congress also reminds all localities to follow the provisions of the law when formulating relevant policies. When formulating relevant policies, all localities shall give full consideration to the provisions and spirit of the higher-level law to ensure the legitimacy and rationality of the policies. In practice, it is necessary to avoid relying too much on simplistic and crude methods such as a "total ban on burning", and instead achieve the goals of environmental protection and public safety through scientific planning and management.
In addition, the public should also have a deeper understanding of the traditional cultural value of fireworks. As an important part of traditional Chinese culture, fireworks carry rich cultural connotations and historical significance. Setting off fireworks during important festivals such as the Spring Festival has become one of the ways for people to express joy, prayers and commemoration. A complete ban on fireworks and firecrackers not only deprives people of cultural traditions and customs, but also ignores the positive role of cultural inheritance in social cohesion. Therefore, when formulating relevant policies, full consideration should be given to the inheritance and development of culture, and the cultural habits and needs of citizens should be respected.
In the context of comprehensively governing the country according to law, all levels should pay more attention to the observance and implementation of laws and regulations. ** Not only as a policymaker, but also as a model of law-abiding. Through strengthening the publicity and popularization of laws and regulations, the public's awareness of the law and the concept of the rule of law will be enhanced, and a good atmosphere for the whole society to respect and abide by the law will be formed. Only in this way can we ensure that the implementation of various policies and regulations can truly safeguard social fairness, justice and public interests.
In short, the review conclusion of the Legislative Affairs Committee of the Standing Committee of the National People's Congress has important guiding significance for standardizing the management policies of fireworks and firecrackers in various places. All localities should take this opportunity to comprehensively sort out and evaluate relevant policies, and promptly correct illegal provisions. At the same time, we should pay attention to the scientific and rational nature of policies, and fully consider the needs of environmental protection, public safety and cultural inheritance. Through joint efforts, we will realize the benign interaction between laws and regulations and social reality, and promote the harmonious and stable development of society.
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