Chinese Parliament gets more powers
By Jeremy Page
BEIJING: China passed a new law on legislation Wednesday that analysts say
could significantly expand the powers of the National People's Congress --
or Parliament -- and its chairman Li Peng.
The new law was designed to sweep clean a minefield of arbitrary local
regulations by obliging regional governments to register all legislation
with the NPC, lawmakers and analysts said.
The NPC Standing Committee, under Li's leadership, would then have the power
to change or nullify any rules it deemed unconstitutional or contradictory
to existing legislation.
While the move effectively writes into law the NPC's existing constitutional
powers, analysts said it represented a significant step in boosting the
parliament's status and jurisdiction.
``It normalizes and makes explicit in law important procedural practices
that are necessary to make the NPC a more significant legislative
institution,'' said one Western diplomat.
But others said the law could be used to stifle grass-roots democracy and
boost the power of Li, who is widely viewed as a hard-liner due to his
commanding role in a bloody crackdown on student protesters around Tiananmen
Square in 1989.
Li, a former premier, is China's second most powerful leader.
The largely rubber-stamp NPC passed the law with a 91 percent majority on
the final day of parliament's annual session.
``There have arisen some problems in the process of legislation,'' said Qiao
Xiaoyang, vice chairman of the NPC Legislative Affairs Commission.
``There is over-stepping of authority, there is conflicting legislation and
there are contradictions between different laws. All of these have
undermined the unity of the legal system and also caused problems to law
enforcement.''
Previously, local governments were able to pass regulations as long as they
did not contradict the constitution in principle. They were not obliged to
register them with the NPC.
As a result, local legislators enjoyed growing freedom in recent years to
introduce regulations suited to local conditions without worrying whether
they conflicted with national laws.
``My concern is that trying to limit the areas of the lower level for
promulgating laws could be a move to stifle the development of local
democracy,'' said one Western diplomat.
``There could be a fear among conservative elements in China that the local
level assemblies are engaging in democratic measures which threaten the
unitary leadership of central authorities under the Communist Party.''
While the law states clearly it applies to the State Council, or cabinet,
and local assemblies, it covers neither the army nor the Communist Party.
Li Peng stressed in a speech to the NPC last week that the parliament must
follow the leadership of the Communist Party, dashing any hopes the
legislature might become more independent.
``Li Peng wants to make a very clear message that, one, he's still a major
player, two, he's going to hang around in the NPC for a second term and
three, the Party remains in control and there'll be no separation of
powers,'' said another diplomat.
Neither Li nor Qiao said how many NPC staff or resources would be allocated
to enforcing the new law.
However, analysts said they were encouraged by aspects of the law which
provided for more consultation in the drafting process.
Under the law, which takes effect on July 1, the NPC would hold workshops,
seminars and public hearings on draft legislation, and all bills would have
to pass through three review sessions before becoming law, instead of two.
``You should give the devil his due,'' said a third Western diplomat of Li.
``This is clearly an effort to try to increase the seriousness of the review
process.''
But a recent crackdown on the banned Falun Gong spiritual movement
illustrated that the NPC was a long way from shedding its rubber-stamp
image, analysts said.
``The suppression of Falun Gong was clearly not consistent with
constitutional principles. They just decided they had to get rid of these
people and then came up with the justification,'' said the third diplomat.
``It's rule by law as opposed to rule of law.''(Reuters)
For reprint rights: Times Syndication Service
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