Wulong, a small remote county 170 km from downtown Chongqing, has recently made headlines for seeking impartial lawmaking after participating in a pilot program that seeks to prevent government agencies from continuing the practice of closed-door legislation.

Chongqing, the only municipality in southwest China, is keen to avoid departmental protectionism in the legislative process, by inviting bids from neutral administrative and academic institutions for drafting local statutes. Last month, the local government instructed the government of Wulong, along with five other organizations, to devise six regulations that the drafters were not directly involved in.

Li Dianxun, head of the Legislative Affairs Office of Chongqing Municipal People's Government, said that his office had initiated a system whereby any administrative organ or individual, who can benefit from, or is closely connected to, the regulation, is not allowed to supervise or get involved in drafting, deliberation or review procedures.

The transfer of legislation drafting in Chongqing, from previous law enforcement departments to present interest-free organizations, was acclaimed as a groundbreaking event in China's legislation system for its expectant role in avoiding power abuse.

China's emerging special interest groups have sparked off diversified social problems and disputes. As a result, there has been a huge increase in legal activity, while more than 80 percent of legislative motions initiated and completed by governments themselves, said Li Kejie, a notable professor at the Shandong Political Science and Law Institute.

"A 10,000-word draft is dominated by penalties and punishments, rather than rules to rein in administrative power," a delegate to a local legislative hearing complained, criticizing an overemphasis on administrative power. Likewise, the Legislative Committee of Chongqing Municipal People's Congress said after making an appraisal of over 170 local decrees and ordinances, that it is the quality not the quantity of statutes that should be improved.

The new system of legislation drafting concerns some legal experts. Gao Shaoxian, a senior legal counselor of the Chongqing Municipal Government does not expect too much from the newly adopted system. He said in practice, its effectiveness still needs to be assessed and tested. Also some other changes on law enforcement are needed to facilitate its implementation, Gao added.

Even worse, Gao said that the absence of a competent department in the process of legislation may reduce legal expertise in administrative regulations and shrink their authority.

Let People Have a Say

Liu Wujun (Yangtze Evening Post): The point of this system is fair procedure, which is also the primary value of laws. It requires the elimination and restraint over discretionary elements in legislation by soliciting public opinions across a wider range, to allow the various social groups to be heard, and to offer opportunities for full discussions before the final version is decided.

A major function of modern government is to provide citizens with satisfactory public service, in exchange for tax revenues. Therefore, local rules and regulations, in a broad sense, are included in public service provided by the government, whose quality directly influences the interests of every citizen due to its unique nature, or even affects social stability. Thus, the legislative process should be based on wide participation of the public to represent real democracy. Otherwise, it will be seized on by a few to seek private benefits.