On January 28, 2023, the Legislative Affairs Commission (LAC) of the NPC Standing Committee (NPCSC) released one of the “legal inquiry responses” [法律询问答复] it had issued during the past year. As discussed in depth here, such responses clarify the applicable law in real-world scenarios at the request of central governmental bodies or provincial legislatures. They are not universally binding, but are considered highly persuasive—hence a form of “soft law”—because of the LAC’s pivotal role in lawmaking.
The sole response released on Saturday concerns the division of legislative powers between central and local authorities. In May 2022, an unnamed provincial legislature wrote to the LAC that the minors protection legislation it was reviewing would touch on (1) guardianship of minors, and that it was also mulling legislation on (2) intellectual property protections for porcelain and (3) personal bankruptcy. May it legislate on those matters, it asked, or are they within the national legislature’s exclusive purview?
Continue reading “2022 Legal Inquiry Response: Localities Lack Legislative Authority over Personal Bankruptcy—Except Shenzhen?”
Apologies to our readers for the delay in publishing Part 2.
Roughly two years ago, the National People’s Congress (NPC) approved an amendment to the Legislation Law (Amendment), granting the right to enact local regulations to 273 prefecture-level cities and autonomous prefectures (collectively, cities) across China. This post continues Part 1 with analysis of the local regulations enacted by (some of) the 273 cities since the passage of the Amendment. Like Part 1, this post is based on information (current through December 2016) provided by the NPCSC Legislative Affairs Commission (NPCSC LAC).
Continue reading “Following up on the Grant of Legislative Powers to China’s Cities: Pt. 2”
On March 15, 2015, the National People’s Congress passed an amendment to the Legislation Law (Amendment), which, among other things, granted legislative powers1 to hundreds of cities2 across China. In the almost two years since, the relevant standing committees of provincial-level people’s congresses (provincial PCSCs) have been busy deciding on when the eligible cities within their jurisdictions may start exercising legislative powers—a procedure mandated by the Amendment. As for those cities, many have taken the first step to experiment their the new powers by enacting local legislations.
Last week, the Constitutionalism of China (中国宪政网) published on its WeChat account two tables provided by the NPCSC Legislative Affairs Commission on the actions taken by the provincial PCSCs and the eligible cities since the Amendment’s passage.
Here, in Part 1 of a two-part series, we’ll present our analysis of the first table, along with additional research done based on those data. The second table will be the topic for Part 2.
We’ll begin this post with some background information and a brief introduction to the relevant part of the Amendment.
Continue reading “Following up on the Grant of Legislative Powers to China’s Cities: Pt. 1”