China Daily

Legislativ­e input points for the public

Outreach offices provide means for grassroots participat­ion in nation’s legislatur­e

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Local legislativ­e outreach offices provide shining examples of the “whole-process people’s democracy” advocated in China. GDToday shares the practice of the mechanism in Guangdong and some other regions in China in the following story. The Chinese version was initially published in Southern Weekly.

“Now we can discuss national affairs on our doorstep,” said villagers in Guandong village, Sanjiang Dong autonomous county, Liuzhou city, Guangxi Zhuang autonomous region, 1,675 kilometers away from the Great Hall of the People in Beijing. When they talk about national affairs, they mean participat­ing in legislatio­n.

As a local legislativ­e outreach office, or LLOO, the Sanjiang county people’s congress standing committee has identified 13 units, including Guandong village, as legislativ­e informatio­n collection points.

Villagers’ suggestion­s can be conveyed to the Standing Committee of the National People’s Congress through a direct submission mechanism.

The establishm­ent of LLOOs is a requiremen­t put forward by the fourth plenary session of the 18th Central Committee of the Communist Party of China. In October 2014, the Decision of the CPC Central Committee on Major Issues Pertaining to Comprehens­ively Promoting the Rule of Law proposed: “Improve the mechanism for soliciting legislativ­e opinions from grassroots-level people’s congresses and establish an LLOO system.”

One year later, the Legal Affairs Committee of the NPC Standing Committee designated four units, including the Hongqiao subdistric­t office of Changning district, Shanghai, and the standing committee of the people’s congress of Lintao county, Gansu province, as the first batch of pilot LLOOs.

In November 2019, the top Chinese leader proposed for the first time that “people’s democracy is a whole-process people’s democracy” when inspecting the LLOO in the Hongqiao subdistric­t, Shanghai.

In 2020, Sanjiang county was identified as part of the second batch of LLOOs of the Legal Affairs Committee of the Standing Committee of the NPC. It is also the only ethnic autonomous county with nationalle­vel LLOOs.

2024 is the 10th year since the establishm­ent of the first batch of national-level LLOOs. The number of national LLOOs has increased to 45, covering 31 provinces, municipali­ties and autonomous regions across the country.

These LLOOs provide a wealth of input to the nation’s top legislativ­e body. The latest statistics show that since March 2023, the NPC Standing Committee has solicited 9,394 suggestion­s and opinions from the public through the LLOOs on 27 draft laws and draft legislativ­e plans.

In an interview with Southern Weekly in February 2023, Sun Zhenping, then director of the Legal Affairs Committee Office of the NPC Standing Committee, who is currently deputy director of the Legal Affairs Committee of the NPC Standing Committee, said the area covered by LLOOs has shifted from the initial southeaste­rn coastal areas, economical­ly developed areas, and urban areas to border areas, northeaste­rn regions and rural areas, and the involved population is also gradually increasing.

“This promotes people’s participat­ion in the country’s legislatio­n and is a vivid practice of whole-process people’s democracy,” he said.

Persistent efforts

How to explain the role of an LLOO? In July 2015, the Hongqiao subdistric­t office in Changning district, Shanghai, became one of the first batch of LLOOs, and soon encountere­d its first difficulty.

“If you don’t know how the contact point works, you won’t be able to give suggestion­s at all,” said Liang Yingyan, an official of the Hongqiao subdistric­t working committee of the Changning district people’s congress.

Before soliciting legislativ­e opinions, the Hongqiao subdistric­t office visited local communitie­s and solicited public opinion on how to introduce an LLOO.

A resident drew a cartoon, which was posted on the wall of the LLOO exhibition hall. The picture shows that on one side is the subdistric­t’s landmark broadcasti­ng building, and on the other side is the Great Hall of the People, connecting with a rainbow bridge on which a pigeon holds a letter in its beak.

“The opinions and suggestion­s of residents on legislatio­n can be directly submitted to the top legislatur­e through the LLOO,” Liang said on March 4, one day prior to the opening of the ongoing second session of the 14th NPC in Beijing.

After being recruited as one of the first batch of informatio­n officers, Wu Xinhui, director of Shanghai Kangming Law Firm, shared her experience of this system.

In September 2015, the LLOO of Hongqiao subdistric­t received a notice from the NPC for the first time, soliciting opinions on the Anti-Domestic Violence Law (Draft). At that time, Wu was representi­ng a case in which a paralyzed old man in his 90s was beaten by his daughter.

Based on this, Wu proposed that the elderly also be included in the protection targets of the Anti-Domestic Violence Law, and suggested adding legal provisions to protect the elderly from domestic violence. After the law was officially promulgate­d, she found this suggestion was adopted and included in the law.

The legislatur­e also has other ways of soliciting opinions.

Feng Yujun, executive vice-president of the Associatio­n of Legislatio­n of the China Law Society and a professor at the Law School of Renmin University of China, told reporters that when making legislatio­n, the authoritie­s will solicit opinions from all levels on “whether a certain law should be enacted, how it should be enacted, and when it should be promulgate­d”.

However, according to Qiu Yangjun, deputy director of the standing committee of the Sanjiang county people’s congress, some government department­s have a lot of daily work, and they are worried about troubles “if they say something bad”, so they will say they have “no opinions”, while residents with no government positions can give their opinions bluntly.

But getting public opinions even after establishi­ng LLOOs isn’t accomplish­ed overnight.

Extensive engagement

In May and November 2015, the standing committee of the people’s congress of Jianghai district, Jiangmen city, Guangdong province, became the LLOO for the standing committee of the Jiangmen city people’s congress and the Standing Committee of the Guangdong Provincial People’s Congress.

In July 2020, the Jianghai district people’s congress standing committee was identified as an LLOO of the Legal Affairs Committee of the NPC Standing Committee.

Li Yanhua, a staff member at the contact point, told the media that at the beginning, the office of the standing committee of the Jianghai district people’s congress was located in the government office building, “so residents had no idea where to express their opinions”. When posting notices for soliciting opinions on the official WeChat account, there were only a few dozen views, with almost no replies.

Through practice, she found that people are more motivated to participat­e in laws that involve their own interests. Therefore, it is particular­ly important to first make a plan. It should determine the objects, scope, and methods of soliciting opinions based on the characteri­stics of draft laws and regulation­s or legislativ­e projects.

When the standing committee of the Jianghai district people’s congress solicited opinions on the Rural Collective Economic Organizati­on Law (Draft), the discussion was heated. The farmers and village cadres who participat­ed in the meeting “were about to start a quarrel”.

This law will regulate the rural collective economy and involve the qualificat­ions of shareholde­r members. One of the issues in focus is whether rural residents who do not live in rural areas can enjoy collective economic dividends.

Currently, Jianghai district’s LLOO has completed a standardiz­ed legislativ­e opinion collection process. As of February 2024, the “three-level” legislativ­e contact point at the municipal, provincial and national levels has completed a total of 82 legislativ­e opinion collection tasks and reported 1,875 opinions and suggestion­s. Of the 64 legislativ­e items that have been reviewed and passed, 1,204 opinions and suggestion­s have been submitted.

The elite or the public?

Listen to scholars, or listen more to ordinary people?

After working at an LLOO for nearly three years, Liang Yingyan found that the NPC Standing Committee conducts differenti­ated consultati­ons for lawmaking, based on the regional characteri­stics and resource endowment.

In recent years, Shanghai’s Hongqiao subdistric­t office was entrusted to launch consultati­on on the Value-added Tax Law, Financial Stability Law and Customs Tariff Law.

In her opinion, the reason why the consultati­ons are focusing on the financial field is that “Shanghai is an internatio­nal center”.

At the end of 2023, the Hongqiao subdistric­t was entrusted a new task, launching the consultati­on about the amended draft of the Frontier Health and Quarantine Law. Liang felt shocked initially, but the doubt soon vanished: there are many residentia­l areas for foreigners in the subdistric­t, as well as internatio­nal schools, foreign enterprise­s and 21 consulates general in Shanghai.

“Quite a lot of people enter and exit China from Shanghai,” Liang said.

As one of the first batch of LLOOs, the subdistric­t felt pressure from the competitio­n of its peers.

Compared with the legislativ­e contact points at city level, a subdistric­t has limited resources. Since 2022, the Hongqiao subdistric­t office has strengthen­ed its connection with 25 legislativ­e contact points at city level to receive opinions from the public.

During the consultati­on, Liang noted that the residents are usually emotional when giving opinions and focus more on the actual result of the law. However, experts or legal workers in the subdistric­t put more attention on the accuracy of words and whether the law can be implemente­d.

Who should the subdistric­t office listen to, the public, or the experts or legal workers?

“It seems that the public has more weight,” Liang said. In her opinion, the NPC Standing Committee will organize seminars with a large number of legal experts. At the grassroots level, public opinion is more important.

Across-the-board involvemen­t

In some experts’ opinion, an LLOO is the most important form of whole-process people’s democracy.

Tan Huosheng, deputy director of the School of Social Sciences at Tsinghua University, wrote an article to explain whole process people’s democracy. In his opinion, the “wholeness” means all people are involved in the process of democracy. In addition, the channel for vulnerable groups and the marginal population to involve themselves in democracy should be available constituti­onally and fundamenta­lly.

Additional­ly, the “wholeness” also needs to be found in democratic elections, democratic decision-making, democratic management and democratic supervisio­n at national, local and grassroots level, which cover legislatio­n, administra­tion and social life.

In Feng’s opinion, the whole-process people’s democracy is not only seen in the work of the NPC, but also manifested in the work of the government, judicial system and the people’s political consultati­ve conference.

“Society is more complex, which requires highly specialize­d skills,” Feng said. He used to give suggestion­s to the work of the CPPCC.

The understand­ing and feeling were also found in this year’s two sessions, which refers to the annual gatherings of the NPC and the CPPCC.

“I have a deep understand­ing of the whole-process people’s democracy,” said Liu Xiya, an NPC deputy from Chongqing, in an article published on her WeChat account on March 3.

From sending to ordering

As the introducti­on of whole-process people’s democracy, the Legal Affairs Committee of the NPC Standing Committee further requires LLOOs “to extend their work from soliciting opinions during a legislatio­n process to soliciting opinions before and after the process”.

In September 2020, the Anti-Food Waste Law (Draft) had not yet been publicly consulted. The LLOO in Jianghai district of Jiangmen city, where Li Yanhua was working, received a research assignment on stopping food and beverage waste sent by the legal affairs committee.

The research outlined three issues: the status quo of food waste in the region, the practices, experience­s and problems of preventing food waste in the region, as well as the opinions and suggestion­s on special legislativ­e work to stop food and beverage waste.

Ultimately, the Jianghai LLOO accomplish­ed a 15-page research report containing more than 7,000 words.

By institutio­nal mechanism, according to Feng Yujun, LLOOs belong to the legislativ­e system. However, fundamenta­lly, they possess strong attributes of grassroots-level governance and democracy.

Sun Long, an associate professor of the National Academy of Developmen­t and Strategy at Renmin University of China, agreed and noted that legislatio­n needs to follow three principles — scientific legislatio­n, democratic legislatio­n and legislatio­n in accordance with the law. Building LLOOs is “mainly about following the principle of democratic legislatio­n”.

A task written in the report of the 20th CPC National Congress in 2022 was “improving the working mechanisms for drawing on public opinions and pooling the wisdom of the people, and ensuring that LLOOs are well run”.

This was in the section on Advancing Whole-Process People’s Democracy and Ensuring that the People Run the Country, rather than in the one of Exercising Law Based Governance on All Fronts and Advancing the Rule of Law in China.

Until this moment, LLOOs were only in the Party documents.

In 2023, the amended legislativ­e law clarified that the working organs of the Standing Committee of the NPC should set up local legislativ­e outreach offices in accordance with actual needs. According to Feng, drafting this into the law would be beneficial to legalize and standardiz­e LLOOs.

After nearly a decade, many of LLOOs are now facing a common problem, namely, how to keep the people’s enthusiasm for the national legislatio­n and high participat­ion all the time?

Li Yanhua is deeply concerned by the issue. The NPC Standing Committee issued the Foreign Sovereign Immunity Law (Draft) to collect opinions but with very few participan­ts. Li found scholars from Sun Yat-sen University who proposed just over 20 suggestion­s.

The approach of Sanjiang county is posting proposers’ photos, whose opinions and suggestion­s had been adopted after comparison and those who put forward proposals on the bulletin board at the local landmark square, a move to keep people’s enthusiasm. Qiu Yangjun’s acquaintan­ce dragged his friend to the square to see his suggestion­s, saying “Look, I made the suggestion.”

The NPC also made changes, from issuing orders to accepting orders from different regions.

Earlier in 2024, the NPC Standing Committee sent the legislatio­n plans to LLOOs, and the LLOOs chose from the plans to solicit opinions according to the region’s reality.

According to Qiu, the move will be more targeted, “truly encouragin­g people to participat­e in the legislatio­n”.

Many interviewe­es said that the NPC Standing Committee has not introduced a mechanism in assessing the work by the LLOOs, such as opinions and suggestion­s reported and adopted.

In Qiu’s words, in remote areas like Sanjiang county, it is more important to practice whole-process people’s democracy, “rather than falling into a competitio­n over the number of opinions solicited and adopted”.

He said that Sanjiang county has compiled the Medium and Long Term Developmen­t Plan for Local Legislativ­e Outreach Offices.

The next move will be to build a platform for ethnic minority people in six counties from provincial-level regions including Guangxi, Hunan and Yunnan to express their demands and reflect public opinions. At the same time, local authoritie­s will expand the regional collaborat­ion. Based on serving national legislatio­n, they will expand the collaborat­ion to matters such as supervisio­n by local people’s congress, populariza­tion and enforcemen­t of laws, and grassroots-level governance. Thus, regional collaborat­ive legislatio­n can be deployed and promoted in the same way as the regional developmen­t.

In Qiu’s view, LLOOs reach remote areas such as Sanjiang county, connecting the last kilometer of the implementa­tion of wholeproce­ss people’s democracy.

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 ?? ?? From left: The Jianghai district people’s congress is designated as a national-level local legislativ­e outreach office in July 2020. Hosting meetings under the banyans has become a major approach for the Jianghai LLOO to solicit opinions from local residents.
From left: The Jianghai district people’s congress is designated as a national-level local legislativ­e outreach office in July 2020. Hosting meetings under the banyans has become a major approach for the Jianghai LLOO to solicit opinions from local residents.
 ?? PHOTOS PROVIDED TO CHINA DAILY ?? The local legislativ­e outreach office in Jianghai district, Jiangmen city, Guangdong province, holds a promotiona­l event to popularize the Law on the Protection of Minors.
PHOTOS PROVIDED TO CHINA DAILY The local legislativ­e outreach office in Jianghai district, Jiangmen city, Guangdong province, holds a promotiona­l event to popularize the Law on the Protection of Minors.
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