Improved supervision emphasizes law-based governance
Responsible exercise of power to create more equitable outcomes for people
All staff members in Hebei province’s transportation departments have been ordered to complete legal training by June, after it was found that law enforcement irregularities were widespread in the county of Shexian.
The sweeping requirement came after a truck driver surnamed Xu contacted the State Council, China’s Cabinet, complaining that he’d been given an administrative penalty for a traffic offense while driving in the province, but had not been given a ticket or any explanation for the fine.
Details disclosed on the State Council’s online supervision platform showed that on Jan 19, Xu was stopped by a traffic officer in Shexian county and fined 500 yuan ($69), but didn’t receive a ticket and wasn’t asked to sign a confirmation accepting the fine as is required by law.
Once contacted by the State Council, the provincial government launched an investigation into the case and found that Xu was fined because his cargo had polluted the road, but the traffic officer in question did not issue a ticket and had forged Xu’s signature to confirm the punishment.
A more serious problem was that of the 2,099 tickets issued in Shexian county by the traffic bureau last year, 1,964 had forged signatures.
In response, five officials at the Shexian traffic bureau, including its head, were held accountable for the mismanagement, and the law enforcement certificates of four traffic officers were temporarily suspended.
In addition, everyone in the provincial transportation system was ordered to receive training to rectify similar problems.
Such rectifications have been seen frequently in China in recent years. “It’s an important way to regulate administrative behaviors and build law-based governments at all levels,” said Yang Weidong, a law professor at the China University of Political Science and Law.
He noted that such behaviors will be further regulated in a draft revision to the Organic Law of the State Council, which is being considered by Chinese legislators during its third reading.
Taking a people-centered approach to law enforcement, the draft revision states that all members working for the State Council must exercise power by the rule of law to build a law-based government that the people are satisfied with.
“The stipulation is to urge the central government to strengthen its own norms, and take the lead in using the legal concept and means to help people solve problems,” Yang said.
Improved legislation
On Tuesday, the draft amendment to the law was submitted to the ongoing annual session of the 14th National People’s Congress, the highest organ of State power and the top legislature of the country, for its third review.
It is the first draft revision of the Organic Law of the State Council in over 40 years since it was first passed in December 1982.
While highlighting the principle of exercising power by the rule of law, the draft also specifies the composition of the State Council, refines its functions and optimizes its work patterns.
Revising the law is crucial to comprehensively building a law-based government, deepening reform of State organs, and modernizing China’s system and capacity for governance, Li Hongzhong, vice-chairman of the NPC Standing Committee, said while explaining the draft revision to national lawmakers.
Before the latest review, the draft amendment was previously read by the NPC Standing Committee in October and December.
Chen Can, a deputy to the NPC from Gansu province, said, “Energizing the administration of the State Council, the executive body of the highest organ of State power, reflects our country’s strong determination to uphold the rule of law.”
Also head of the Lanzhou Lawyers Association in Gansu, Chen has participated in the formulation and modification of local regulations many times. In November, when Gansu formulated a three-year work plan on improving the quality of law enforcement, he shared ideas with local departments, suggesting they deal with administrative affairs in strict accordance with regulated procedures.
He emphasized that clarifying the boundaries of administrative behaviors through the rule of law can help government agencies accurately exercise their power.
“In the process of talking with administrations and assisting them in making regulations, I witnessed their efforts in the building of lawbased government,” he added.
Yang, the professor, said that a few revised laws at the national level, such as the Administrative Procedure Law and the Administrative Penalty Law, are also conducive to regulating administrative behaviors.
For instance, police officers must show their badges when handling cases, according to the penalty law.
“These legislative pieces, together with the draft amendment being discussed by the NPC, are strong support for us to realize law-based government,” he said.
Wisdom in law enforcement
Although central and local legislation are constantly improving, some government officials’ understanding of them is not adequate, leading them to blindly or rigidly enforce laws.
For instance, a penalty handed out by the market regulator in Minhou county, Fujian province, to a resident surnamed Zhang sparked public outrage recently.
Zhang made a profit of 14 yuan by helping his neighbor sell some celery, but later received a 50,000-yuan fine from the regulator after the vegetable was found to have excessive pesticide content.
The regulator issued the fine in line with the Food Safety Law, which states that if someone’s profit from selling food with pesticide residue is less than 10,000 yuan, he or she can be fined ranging from 50,000 to 100,000 yuan.
But Zhang said the fine was too heavy compared with his profit. “I was just trying to help my neighbor, and I didn’t know there was a problem with the celery,” he said.
What surprised him even more was that because he failed to pay the fine, the regulator added another 50,000 yuan as a punishment and initiated a lawsuit against him in the county court.
After hearing the case, the court lauded the regulator’s efforts in ensuring food safety but did not support its penalty against Zhang.
Lin Kongliang, vice-president of the court, cited the Administrative Penalty Law as explaining that Zhang could be exempted from the fine as he did not intentionally sell the problematic vegetables and his actions did not bring about harmful consequences.
Moreover, it was Zhang’s first such offense and his profit was extremely small, Lin added.
Lyu Hongbing, a political adviser as well as a lawyer, said the sky-high fine was an example of the law being enforced too rigidly. “Such a penalty is obviously inappropriate and can easily arouse public anger,” he said, and called for government departments to take the seriousness of violators into consideration before punishing them.
“Government agencies should decide whether to punish, and how much to punish, based on full and accurate understanding of laws in each case,” he said. “A one-size-fits-all approach must be avoided in law enforcement, otherwise it will affect the credibility of government.”
He praised some local governments, such as Shanghai, for formulating documents that provide a stronger legal basis to help administrative departments scientifically and accurately issue penalties.
“Refining the penalty standards will also raise the level and capability of law enforcement,” said Yang, the professor. “It’s to meet the public’s higher requirements for the building of law-based governments in the new era.”
Judicial supervision
A series of judicial measures have also played a role in regulating and supervising administrative behaviors, according to Han Jixian, a judge from the Beijing No 4 Intermediate People’s Court.
“Residents have more ability to take legal action against government departments since a reform was launched in 2015, leading to a significant growth of administrative cases,” she said, revealing that many lawsuits involved land expropriation and house demolition.
Previously, government officials rarely participated in case hearings, but now many are willing to come to court to talk with litigants, she said, adding “such face-to-face communication can help identify the root of conflicts”.
To prevent similar disputes, Han offers legal training for government departments.
“Every time we participate in litigation, we analyze the causes of the disputes and then adjust our work patterns,” said Yang Lingling, an official from the justice bureau of Beijing’s Fangshan district. “The process enhances our awareness of the rule of law, and also improves our capability in law enforcement.”
The district has required each department to put law enforcement information online so that they can be supervised by the public, as well as their detailed rules regarding administrative penalties.
To ensure the administrative power exercised and the building of a lawbased government, Yang Lingling said more advice will be sought from legal advisers to internalize the concept of the rule of law in the initial stages of policymaking.