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National legislators are expected to review a draft "state of
emergency" bill by the end of the year, following a Constitutional
amendment.
A proposed amendment to the Constitution replaces the wording
"state of siege" with "state of emergency". If passed, the
amendment will provide a constitutional basis for legislation on
the state of emergency.
Deputies to the 10th National People's Congress (NPC) and
members of the 10th National Committee of the Chinese People's
Political Consultative Conference (CPPCC) hailed the change, saying
it will help better safeguard the interests of the nation and its
people.
Yang Haikun, a CPPCC National Committee member, said China, like
any other developing countries, faces the difficult task of
ensuring public safety for its 1.3 billion people.
A growing number of industrial accidents and public health
crises, especially the outbreak of SARS (severe acute respiratory
syndrome) last year, have highlighted China's poor mechanism to
deal with emergencies.
"The proposed change will, to the maximum degree, guarantee a
smooth and timely implementation of a counterplan in case of any
emergency," said Yang, also an expert on administrative law at
Suzhou University.
"It will help avoid the inadequate flow of information and lack
of transparency that troubled last year's fight against SARS at the
initial stage," Yang said.
NPC deputy Wei Lihui said the introduction of the "state of
emergency" clause will also facilitate the government's efforts to
improve public safety.
Safeguarding the public safety is one of the major duties of the
government. It should do that through the rule of law, supervision
and a sound emergency system, said Wei.
But the country's current constitutional articles are mainly
aimed at emergencies caused by political upheavals, riots and other
severe turmoils and thus have a very narrow application scope.
If the proposed changes are approved, the constitution will
provide the legal basis to address all emergencies including
natural catastrophes, public health crises and even economic
crises.
Bai Gang, another CPPCC National Committee member, went further
to stress that the constitutional change will prove conducive to
the country's drive to uphold the rule of law.
The change will ensure all State organs, social organizations
and individuals exercise special rights and carry out special
duties strictly in line with the Constitution and other related
laws, said Yang, a researcher with the Chinese Academy of Social
Sciences.
He said the country can also enhance its capability and
efficiency to deal with emergencies to better protect the rights
and interests of its citizens.
Emergency usually refers to an unforeseen combination of
circumstances or the resulting state that calls for immediate
action to maintain public order and ensure the safety of people's
lives and property.
Extraordinary measures usually involve restrictions on citizens'
rights and freedoms to varying extent.
The draft bill on the state of emergency will ensure that the
country is ruled by law even under emergent circumstances, said Yu
An, a professor of administrative law with the School of Public
Policy and Management of Tsinghua University.
Yu said the proposed law will set an upper limit for the State
power and a floor level for the citizens' rights at the same time,
forcing the government to take rational and restricted measures in
a state of emergency.
Different extraordinary measures that the country can take to
cope with emergencies are scattered in the various laws currently
in force, such as the Flood Control Law, Law on Protecting Against
and Mitigating Earthquake Disasters, Law on Prevention and
Treatment of Infectious Diseases.
Yu said the law on the state of emergency, a constitutive law,
deals with the common issues the country and its people face in an
urgent need for assistance or relief rather than simply handle
specific crises.
He said the proposed bill kicks off a process to consolidate
institutions currently in place and establish a comprehensive legal
system to handle contingencies.
The Legislative Affairs Office of the State Council has
delegated the task of drafting the bill to a group of professors in
Tsinghua University.
Yu is one of the leading scholars in this group.
He and his colleagues have come up with a draft of the law and
started to solicit public opinion before handing it in to the
Legislative Affairs Office of the State Council next month.
If approved by the State Council, the draft bill will go to the
Standing Committee of the 10th NPC for a preliminary review in
December, according to the committee's legislative agenda for this
year.
(China Daily March 10, 2004)
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