News Analysis: China Speeds up Legislation to Limit Government Power

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Last updated at: (Beijing Time) Saturday, August 24, 2002

News Analysis: China Speeds up Legislation to Limit Government Power

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Lawmaker and Prof. Ying Songnian didn't bother listening to explanations on the draft law on administrative licenses Friday morning like other lawmakers when he got the draft, but started scanning its fine print.

"This draft law embodies the principle of rigorously restricting the power of government bodies," Prof. Ying told Xinhua straight after he finished reading it, while the current session of the Standing Committee of the National People's Congress (NPC) was going on.

Ying, member of the NPC Civil Affairs Committee and dean of thedepartment of law of the State Administrative College, helped write the draft's first version.

The law on administrative licenses, covering the government's right to grant franchises, permits or certificates to businesses and individuals, "will have an unprecedented impact on the relations between government bodies and common citizens," Ying said.

Many Chinese share the experience of having to go to dozens of government departments to get approval to move from one workplace to another. One even has to get an official red stamp from a food allowance office, even though the food allowance system was abolished in China years ago.

It is even more ridiculous that someone who wants to start a business has to spend years getting more than 100 such official stamps.

"Those stories will be like tales from the Arabian Nights once the new law is adopted and implemented," Prof. Ying said.

Today, even a county or township government had the right to decide what business a citizen could be involved in, he said.

But according to the draft law, even the ministries and commissions under the State Council, or China's cabinet, would lose this right, let alone lesser government agencies, Prof. Ying said. This dramatic change vindicated China's determination to greatly limit government licensing power, he added.

Another feature the draft law highlights is "higher efficiency and convenience for ordinary common people," said a second law drafter Wang Yongqing, an official with the Legislative Affairs Office of the State Council.

"We shouldn't cost people too much effort, time and money, evenif it means more work for the government," he said.

The powers to grant administrative licenses should be further reduced and exercised by fewer agencies, the draft law says. Even if agencies cannot be merged, a special office should be set up sothey can work together and a person does not have to go to different places for one license.

Prof. Ying told Xinhua the administrative licenses law aimed to remove obstacles to the country's economic and social progress as the existing system encouraged corruption and government inefficiency, and this problem had come under the spotlight after China's entry to the World Trade Organization.

With the same goal of streamlining the government and ensuring fairness, China passed a law on government purchasing in June and is planning to issue several other administrative laws soon, covering the enforcement of government orders and administrative procedures, plus several State Council decrees issued earlier thisyear and at the end of last year.

"I have never been so busy before," says Prof. Ying, a top expert in administrative law.

As the legislation proceeds, governments at all levels in Chinaare acting.

In Beijing, one of the first cities in China to reform the administrative licensing system, people can get about 50 kinds of approval from the municipal government just by logging on to the Internet.

A Hongkong businessman told Xinhua he needs just one trip to agovernment office for his company's annual check - other things can be done through the Internet.

Ministries and commissions have reported to the State Council they plan to cut 18.4 percent of their total 4,159 licensing rights for managing economic and social affairs.

Some local governments have even promised to destroy two-thirdsof their official seals, since they may no longer be needed.

"With the implementation of the new law, government agencies will have to learn to operate according to a totally new set of rules and people should have a clearer idea that the People's Government is actually for the people," Prof. Ying said.

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