The Spring Festival is approaching, and there are more and more voices calling for the lifting of the ban on fireworks and firecrackers. In recent days, related news such as "a complete ban on fireworks and firecrackers is illegal" has repeatedly appeared on the hot search, causing heated discussions.
Legislative Affairs Committee of the Standing Committee of the National People's Congress: The provisions on the complete ban on the sale of fireworks and firecrackers should be amended.
The report of the Legislative Affairs Committee of the Standing Committee of the National People's Congress on the filing and review work in 2023 gives answers and puts forward review suggestions for the general concerns of the masses and enterprises to the general concerns of the public such as the comprehensive ban on the sale of fireworks and firecrackers in some local regulations, and the punishment for damage to the load-bearing structure of the owner in some places is significantly lower than the relevant regulations.
After review, the Legislative Affairs Committee of the Standing Committee of the National People's Congress believes that the Air Pollution Prevention and Control Law, the regulations on the safety management of fireworks and firecrackers formulated by the National People's Congress and other laws and administrative regulations do not make comprehensive prohibitions on the sale and discharge of fireworks and firecrackers that meet quality standards. 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.
When will the "Burn Ban" and "Burn Limit" start?
According to the southern *** ban on burning can be traced back to 1988 at the earliest, but it was not until 2015, according to the economic ** report, due to the serious problem of smog and air pollution, that people reached a consensus on the ban on burning, and some places successively issued "ban on burning" and "ban on burning".
On February 4, 2015, **Portal** published an article "2015 Spring Festival fireworks display faces stricter restrictions", which wrote:
During the festival, when weather conditions are not conducive to the spread of pollutants, temporary measures should be taken to restrict fireworks, expand the prohibited and restricted areas, and strengthen law enforcement inspections and inspections to reduce the impact of pollution caused by fireworks.
The Ministry of Environmental Protection requires that all localities should formulate a scientific and effective work plan for the prohibition and restriction of fireworks and firecrackers during the Spring Festival, implement the target responsibility, and strengthen the management of fireworks and firecrackers prohibition and restriction through strict management of sales channels, strict control of fireworks and fireworks areas, and strict supervision methods. All localities shall, according to the actual situation, clarify the time of prohibition and restriction of fireworks and firecrackers, delineate the prohibited and restricted areas, and determine the specifications and varieties of fireworks and firecrackers that are allowed to be sold and set off in accordance with the requirements of fireworks and firecrackers safety and quality standards, and announce themReasonably control the sales outlets of fireworks and firecrackers, and increase the proportion of environmental protection fireworks salesEncourage the public to purchase and set off safe and environmentally friendly fireworks.
By the beginning of 2023, many places will adjust and relax the policy of "comprehensive ban on burning and selling fireworks".
At the beginning of 2023, Henan, Guangdong, Shandong, Liaoning and other places will change "prohibited" to "restricted", stipulating that people can set off fireworks at specific times and areas, and guiding people to set off fireworks scientifically and moderately through detailed regulations.
New Year's Day and Spring Festival will be issued in many places.
Panyu District, Guangzhou: Fireworks and firecrackers can be set off in the limited-time area.
On November 29, the people of Panyu District, Guangzhou City** issued the Notice on Delineating the Areas Where Fireworks are Prohibited and Restricted in Panyu District, stipulating that Shiqi Town, Xinzao Town, Hualong Town, and Shilou Town are restricted areas, and the above locations are on Chinese New Year's Eve and the first to early days of the first lunar month.
7. On the fifteenth day of the first lunar month (Lantern Festival) and from the first day of the fifth lunar month to the seventh day of the fifth lunar month (around the Dragon Boat Festival), Class C and D fireworks are allowed.
Zengcheng District, Guangzhou: Buy in a legal store and go to a non-fire-free zone to set off safely.
On December 12, the Safety Committee of Zengcheng District, Guangzhou issued an open letter to all citizens.
The letter mentioned that fireworks and firecrackers will enter the peak season, although fireworks are beautiful, but if they are stored and used improperly, they are very easy to cause fires and accidents. To achieve the "five musts" of fireworks safety:
Go to a legal retail store that has obtained the "Fireworks and Firecrackers Business (Retail) License" to buy fireworks;
To purchase individual fireworks and firecrackers with a fireworks packaging identification code posted on the outer packaging box;
It is necessary to choose a safe place in a non-no-burn zone, and place it smoothly before setting off the fire
It should be set off correctly according to the instructions
Remove combustibles from balconies, platforms, roofs and buildings to prevent fires caused by combustibles igniting surrounding items.
It is necessary to keep in mind the "best must" of fireworks and firecrackers safety
Do not buy fireworks at unlicensed stalls, "Moments", or unscrupulous vendors who peddle bicycles
Do not buy products prohibited by the state such as firecrackers, professional fireworks such as fireworks bombs, and counterfeit and shoddy fireworks
Do not store fireworks in large quantities at home, and do not provide storage places for illegal firecrackers;
Do not set off fireworks and firecrackers in key fire prevention areas such as medical institutions, kindergartens, primary and secondary schools, nursing homes, subway entrances, mountains, forests, and grasslands in the no-burn zone
Do not organize or participate in illegal production, operation, or storage of fireworks.
Shenzhen: No fireworks are allowed without approval in the whole city.
On December 15, Shenzhen Municipal Department jointly issued the "Notice on Prohibiting the Sale of Fireworks and Firecrackers in Shenzhen", and no unit or individual may set off fireworks and firecrackers without approval within the city.
Pinggu, Beijing: Fireworks and sales are prohibited in all administrative areas throughout the year.
According to the Beijing Municipal People's **On December 5, the people of Pinggu District, Beijing issued a letter to all citizens.
The letter stated that in accordance with the spirit of the "Notice of the People's ** of Pinggu District, Beijing on the Prohibition of Fireworks and Firecrackers in the Administrative Area" (Jingping Zhengfa 2021 No. 21), from September 30, 2021, firecrackers will be prohibited in all administrative areas of Pinggu District throughout the year. To this end, the general public must stand in the perspective of effectively safeguarding the personal and property safety of the people and the normal order of production and life, and further improve the achievements of environmental governance in our district, and consciously abide by the regulations on setting off fireworks and firecrackers. In accordance with the "Beijing Municipal Regulations on the Safety Management of Fireworks and Firecrackers", those who are set off in places where fireworks and firecrackers are prohibited, in areas where fireworks and firecrackers are prohibited and set off during the yellow, orange and red warning period of heavy air pollution shall be ordered by the public security organs to make corrections, confiscate their fireworks and firecrackers, and impose a fine of between 1,000 and 5,000 yuan on the unit and between 100 and 200 yuan on the individual;where the circumstances are serious, a fine of between 5,000 and 30,000 yuan is to be imposed on the unit, and a fine of between 200 and 500 yuan is to be imposed on the individual.
It is reported that during the Spring Festival last year, Beijing continued to strictly implement the global ban policy. It is worth noting that cold fireworks, firecrackers, crackers, and children's toys that are usually popular with young people and children are all fireworks and firecrackers, and they are all prohibited.
Shanghai: Some areas prohibit real-name purchases and limit the number of purchases.
According to the Shanghai Municipal People's News in July this year, since the implementation of the "Shanghai Fireworks and Firecrackers Safety Management Regulations" (hereinafter referred to as the "Regulations"), the city's fireworks and firecrackers safety control mechanism has been further improved and optimized, and the scientific and accurate operation and discharge control have been further improved.
According to the provisions of the "Regulations" and the safety control requirements of fireworks and firecrackers, fireworks and firecrackers are prohibited in eight types of places inside and outside the outer ring of the city. The Municipal Fire and Rescue Corps will formulate a special Spring Festival fire safety and security work plan on the eve of the Spring Festival every year, in which fire fighting vehicles will be arranged in the large-scale fireworks concentration area. In areas far away from the fire station and prone to fires, the front force is arranged to be on duty nearby. At the same time, social forces such as micro fire stations, grid patrols and fire volunteers were mobilized to carry out fire prevention patrols and early disposal.
Anhui: Take the initiative not to set off fireworks.
On December 25, the Office of the Anhui Provincial Ecological and Environmental Protection Committee issued the "Proposal on the Ban on Fireworks and Firecrackers during the New Year's Day and Spring Festival", advocating that the majority of residents and friends in the province consciously abide by the regulations on the prohibition of fireworks and firecrackers in their areas during the "two festivals" in 2024, take the initiative not to set off fireworks and firecrackers, and jointly maintain a better environment.
Shaanxi: Do a solid job in banning the sale of fireworks and firecrackers.
According to Shaanxi, on December 1, the Provincial Air Pollution Control Special Action Leading Group Office held the ninth monthly scheduling meeting. Vice Governor Wang Haipeng presided over the meeting and delivered a speech. Wang Haipeng pointed out that according to the characteristics of heavy pollution weather in autumn and winter, December will be the most testing month since the implementation of the special action on air pollution control in Shaanxi Province, and the governance and response work is related to the effectiveness of the work throughout the year. He stressed that it is necessary to strengthen the first early warning and go all out to do a good job with PM25. Focus on pollutant emission control and pollution response, increase efforts to implement treatment measures, and take multiple measures to reduce pollution emission intensity. It is necessary to adhere to the province's "one game of chess", strengthen regional and departmental joint prevention and control, and coordinate the efforts of all parties to fight the "overall war" of dealing with heavily polluted weather. It is necessary to implement the subsidy policy for clean heating, carefully and meticulously do a good job in the "double substitution" of loose coal, strengthen the management of urban central heating stations, and improve the operation efficiency of thermal power units. It is necessary to strengthen publicity and guidance, do a solid job in banning straw burning, banning the sale and banning of fireworks and firecrackers, and strive for the understanding, support and conscious participation of the masses.
Shanxi: A series of administrative licensing items related to fireworks and firecrackers have been added.
According to the Shanxi Provincial People's News on November 22, Shanxi Province ushered in an adjustment in the management policy of fireworks and firecrackers. According to the "Notice of the General Office of the People's ** of Shanxi Province on Announcing the List of Administrative Licensing Items in Shanxi Province (2023 Edition)" issued on November 9, Shanxi Province has added a series of administrative licensing items related to fireworks and firecrackers.
This indicates that as early as this year's Spring Festival, maybe Shanxi people will be able to set off fireworks in front of their homes!
The newly added administrative licensing items include "Design Review of Safety Facilities for Production and Storage of Fireworks and Firecrackers Construction Projects", "Safety Production License for Fireworks and Firecrackers Production Enterprises" and "Fireworks and Firecrackers Business License". These permits are in charge of the Shanxi Provincial Emergency Department, and the provincial, municipal, and county emergency management departments are responsible for the implementation.
Jinan, Shandong: The prohibited area is strictly managed and controlled.
According to Jinan**, recently, many cities in Shandong have reaffirmed the requirements for fireworks and firecrackers through meetings, announcements, notices and other forms.
Jinan City held a meeting on December 22 to arrange the deployment of the fireworks ban in 2024. The meeting conveyed the notice of the Municipal ** General Office on doing a good job in prohibiting fireworks and firecrackers in the city in 2024. The notice requires that all departments at all levels in the city continue to strictly implement the "Regulations on the Prohibition of Fireworks and Firecrackers in Jinan City" adopted by the Standing Committee of the Municipal People's Congress. The meeting demanded that we vigorously carry out three-dimensional and multi-dimensional news publicity, comprehensive coverage of social publicity, and distinctive industry publicity to ensure that the "Ban Regulations" are well-known and well-known, and resolutely achieve strict management and control of the ban in prohibited areas, and advocate safe and civilized small quantities of fireworks in non-prohibited areas.
Soon after the meeting, Licheng District, Lixia District, Shanghe County, and Pingyin County of Jinan City successively announced the areas where fireworks and firecrackers are prohibited in 2024. Zhangqiu District clearly prohibits fireworks and firecrackers, and late at night on the winter solstice, the patrol police of the Zhangqiu Public Security Bureau seized 3 people who set off fireworks and firecrackers on the spot, and were summoned and investigated and punished in accordance with the law.
Zibo, Shandong: Delineate the area and time where fireworks are prohibited and restricted.
Zibo Boshan District, Zichuan District, Gaoqing County and other districts and counties have recently issued the "Notice on Banning and Limiting Fireworks and Firecrackers", delineating the prohibition and restriction areas and times. For example, the prohibited areas and times of Gaoqing County: the prohibited areas are east to Kaitai Avenue, north to North Outer Ring Road, west to West Outer Ring Road, and south to South Outer Ring Road. In the prohibited area, fireworks and firecrackers are completely banned throughout the whole area and at all times. At the same time, the notice mentioned that the restricted area and time: the restricted area outside the area where fireworks and firecrackers are prohibited is the restricted area. Chinese New Year's Eve, the beginning of the first lunar month.
1. At the beginning of the first lunar month.
3. On the fifteenth day of the first lunar month, fireworks can be set off, and less or no fireworks are advocated. Fireworks are prohibited during the rest of the time.
Shenyang, Liaoning: Conditional sales and fireworks outside the zone are prohibited.
On December 14, Shenyang issued the latest notice that during the Spring Festival in 2024, the safety management policy of fireworks and firecrackers in Shenyang City will continue to be implemented in accordance with the "Shenyang Fireworks and Firecrackers Safety Management Regulations" (Shenyang People's Order No. 80, hereinafter referred to as the "Regulations"), prohibiting the sale and discharge of fireworks and firecrackers during the whole period of the area, and the conditional sale and discharge of fireworks and firecrackers outside the area according to the requirements of the "Regulations".
Hebi, Henan: Firecrackers are prohibited in the city.
According to the Hebi City Emergency Management Bureau of Henan Province, in accordance with the unified deployment of the Hebi Municipal Party Committee and the Municipal ** Municipal Committee and the specific arrangements of the Municipal Leading Group for the Ban on the Sale of Fireworks and Firecrackers, the Hebi City Emergency Management Bureau has taken multiple measures to do a solid job in prohibiting the sale of fireworks and firecrackers.
Strengthen organizational leadership. A leading group for the prohibition of firecrackers was set up by the main person in charge of the bureau, and a special meeting was held to study and deploy the city's ban on firecrackers. The "Implementation Plan for the 2023-2024 City-wide Prohibition of Firecrackers in Hebi City" was issued, which is specifically divided into five stages: arrangement and deployment stage, publicity and launch stage, centralized inventory, key duty stage, establishment of mechanism stage and supervision and spot checks.
Actively publicize and launch. Through radio, television, newspapers, the Internet, WeChat, Douyin, text messages and other forms, widely publicize the importance of the ban on sales, policy requirements and serious consequences, guide the masses to consciously resist relevant illegal acts, and create a strong atmosphere of banning. Implement grid management. At the grassroots level, the implementation of fireworks and firecrackers ban grid dynamic supervision mechanism to solve the "last mile" safety supervision problem. The city's towns, villages (communities) are required to designate people, posts, and responsibilities, and earnestly shoulder the political responsibility, and take strong measures to do a good job in the publicity, inspection, and rectification of the ban on firecrackers. Strict supervision and inspection. Adopt the method of open investigation and secret visits, focusing on idle farms, waste factories, urban-rural junctions and other areas in the city to carry out "dragnet" investigations, increase the frequency of inspections, and resolutely block the source of illegal firecrackers. Actively contact the public security, transportation and other departments, work together to crack down on illegal production, sales, storage and other behaviors, so that they are discovered and cracked down together, and continue to maintain a high-pressure situation. Since the beginning of this year, a total of 4 criminal cases have been investigated, 6 people have been subject to compulsory measures, 5 administrative cases, 7 people have been administratively punished, and more than 3,400 boxes of various fireworks have been seized.
It is reported that on July 30, 2021, the Standing Committee of the 13th Henan Provincial People's Congress deliberated and passed the newly revised "Henan Provincial Air Pollution Prevention and Control Regulations", focusing on the revision and improvement of the relevant content of the ban on the sale and release of fireworks and firecrackers, and clarifying that the province "prohibits the production, sale and discharge of fireworks and firecrackers".
Netizens are hotly discussed. Many netizens have a supportive attitude towards setting off fireworks: "Now there is no New Year's flavor at all".
There are also many netizens who support a complete ban: "It is very dangerous and pollutes the environment".
Regarding the various problems in the process of setting off fireworks, many netizens suggested: "It can't be one-size-fits-all" and "Time and place can be limited".
According to @elephant commentary, how to balance environmental protection and public opinion is a test of the wisdom and art of urban governance. The local government may wish to loosen the ban on fireworks and firecrackers, and choose "limit" between "ban" and "release": limit time, point, and limit fireworks specifications, which not only meets the needs of the people, but also minimizes environmental protection and safety issues.
References: CCTV News, Daily Economic News, CCTV, Rule of Law**, South***Jinan**, Shaanxi**, Beijing Municipal People***Shanxi Provincial People***Shanghai Municipal People***Guangzhou Municipal People***Henan Provincial People***Elephant Comments, Public Information, Netizen Comments, etc.).
Topic moderator |Reporter Lin Runqi.