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China revises
Legislation Law, paving way for legal reform
China's national legislators adopted a revision
to the Legislation Law on March 15, 2015, as the country is
unfurling an ambitious legal reform.
The law expands legislative power from 49
cities in China
to 288 nationwide, empowering their legislatures to make local laws.
For a country ruled for more than 2,000
years by a powerful central authority, where even a low-level county
head had once been directly appointed by the emperor at the faraway
capital, the change is significant.
To prevent abuse of this power, the
revised law only allows the cities to issue local laws about "rural
and urban development and management, environmental protection, and
preservation of historical heritage and cultural values."
It also regulates that the power should
be granted step by step and the provincial legislature will decide
which city is suitable.
Full statutory taxation
Another provision to affect every
citizen's life is statutory taxation.
The revised law underlines the principle
of statutory taxation by singling it out in a provision, and makes
it clear that a tax can only be levied and tax rate be set with the
endorsement of the law.
Check on administrative power
Progress has been made in the revised law
to rein in administrative power.
One provision bans ministries and local
governments from issuing rules and policies that mitigate citizens'
rights or increase their obligations without legal foundation.
A few provisions are about enhancing the
top legislature's power of examining whether all government
regulatory documents are in line with the Constitution and law.
It clarifies that the NPC departments may
review government regulations and local laws without being
requested. If a citizen or organization requests the review, the top
legislature may present the feedback and publish the result.
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