China plans to greatly limit government power with a law on
administrative licensing, dealing with the rights of government
bodies to decide what a person can and cannot do in their lives.
The draft law, aiming to curb the widespread misuse of such power
by governments, was tabled with the national legislature for its
first hearing in Beijing on Friday.
"The misuse of government power has become a major source of
corruption and caused great inconvenience to the people," said Yang
Jingyu, director of the Legislative Affairs Office of the State
Council, in his report to lawmakers.
The draft law provides that only the National People's
Congress (NPC) and its Standing Committee and the State
Council, as well as provincial legislatures and governments, have
the right to decide whether government permission is needed by
citizens to start a business, drive a car or do other things that
may affect the interests of the public.
Ministries and commissions under the State Council will have no
right to do so, it says.
As
a World Trade Organization (WTO) member, Chinese governments at all
levels were expected to exercise their power in a more transparent
and efficient way, Yang said.
The law provides that government administration should be the last
option only after all other means have failed, for instance if the
market mechanism or the self-regulation of industries or
intermediary agencies can't solve a problem.
A
government license should only be needed by a citizen if his
business is related to national or economic security, public
interest, personal rights and property of other citizens,
exploitation of rare natural resources and the distribution of
limited public resources, the draft law says.
To
avoid misuse of power by government bodies, franchises for the
distribution of limited resources should be granted through
bidding, auction or competition, the draft law adds.
According to the draft law, people who want to start a business or
other enterprise will have to go to many fewer government agencies
for approval. Even if approval from different government bodies are
needed to get one thing done, for instance opening a restaurant,
these bodies may also set up a special office dealing with
restaurant certification so applicants do not have to go to
different places.
(Xinhua News
Agency August 23, 2002)