The Chinese Communist Party has made the strategic decision
to develop western China. People talk more about natural resources,
infrastructural facilities, ecological environment and flow
of trained people when referring to this subject. But, in fact,
a favorable legal environment is also crucial.
Lu Hushan, vice-chairman
of the Guangxi Zhuang Autonomous Region People's Political
Consultative Conference, made the remarks while attending
the fourth session of the Ninth National Committee of the
Chinese People's Political Consultative Conference which concluded
yesterday.
Such an environment
embraces every aspect, every part and every process from its
contents to operation: law making, enforcement, publicity
and supervision.
Although great
progress has been made in creating a proper legal environment
for the western region after 20 years of hard work, legal
climate still needs improvement to meet current requirements
manifested as the following:
Legislation establishment
lags behind. Up to now, there has not been a specially-tailored
law or any administrative regulations for western development,
so that much of the work has been done without legal guidance.
Some current national laws and statutes, including some local
regulations, have proved unsuitable to the needs of western
regional development, which has resulted in many legal obstacles
holding back the local economy and construction.
There are still
systematic problems about law enforcement agencies and judicial
departments. Some agencies are willing to step in when they
see benefits, and shuffle when they see none. Herein lies
the seed of corruption, a negative factor in western investment
climate.
Law awareness is
yet to be enhanced. The notion that people should go and protect
themselves by law has not been widely adopted.
Insufficient budget
has led some law departments bend themselves in law making
before administrative agencies from which their budgets come
from.
In view of these,
Lu put forward following suggestions:
1. Laws on Western
Development should be formulated as soon as possible. Western
development involves such a large area and population that
it should be carried out as a fundamental policy. Meanwhile,
laws and regulations of certain subject matters, such as laws
to encourage people to invest in the west, laws to develop
high-tech and laws to reforest the cultivated land, etc. should
also be made according to the local reality. The state can
establish some administrative regulations before the national
laws are set up. The governments in the western regions can
also establish some local rules and administrative regulations
in accordance with their special conditions. All these rules
and regulations will accumulate experience for national legislation.
2. The active laws
and regulations should be revised, especially those not facilitating
market-opening, drawing funds, techniques and talents.
3. Enough budgets
should be increased to guarantee legislation and law enforcement.
First of all, the phenomenon should be abolished that legislative
budget is provided by the departments that draft the laws
and regulations, so as to prevent the intrusion of special
interests involving the legislators and the departments. The
state and the local governments should allocate special funds
for legislation. Secondly, governments at different levels
should regulate their administrative authorities so as to
more strictly run state affairs and improve the system of
law enforcement Thirdly, the state should further seek judicial
system reform and create a favorable environment for judicial
departments and prevent any illegal interference.
4. The awareness
of law should be further improved, especially among government
officials and those in law enforcement. Government officials
at different levels must study laws. Schools must have courses
about laws. Administrative organs at the basic level should
spread the general knowledge of laws to people. Law enforcers
and judicial officials should further study and take tests
regularly.
5. Legal service
should be developed actively, such as law firms and para-legal
assistance, gradually promoting their level and capability.
6. Legal supervision
from the NPC, democratic supervision from the CPPCC and inspection
from administrative bodies and news media should be enhanced
so that power is under strict supervision from top to bottom,
to ensure the power not to be abused, but really serves the
state and people.
Moreover, the notion
and concept of economic administration by administration should
be changed thoroughly. The basic legal principle of the market
economy is that anything is permitted if it is not prohibited
by law. Society can regulate behaviors through making new
laws, but should not retrospect to the past. The core spirit
of the legal system is to encourage renovation and new ideas
by business and individuals. Therefore, on one hand, governments
at different levels cannot interfere in the behavior or infringe
the rights of persons and enterprises; on the other hand,
"prohibition" can be decided by neither a single
official nor a single government department, not even by governments
themselves, but should be decided through democratic and legal
procedure.
(CIIC 03/13/2001)
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