As a foundation of China’s legal system, the draft amendment to the Legislation Law aims to not only perfect detailed legal techniques and rules but also bring a new driving force for promoting the “Four Comprehensives” strategy. It will pave the way for comprehensively implementing the rule of law and offer guidance for comprehensively deepening reform, comprehensively strengthening Party discipline and comprehensively building a moderately prosperous society.

Historical achievements in comprehensively promoting the rule of law reflect the leadership of the Communist Party of China (CPC) in accordance with law, which means realizing the real unification of the will of the Party and public through the procedure of democratic legislation. However, ensuring integration and truly reflecting the will of the public are significant concerns in the process of strategically adjusting legislation and providing solid support for comprehensively building a moderately prosperous society.

The amendment aims to readjust the old legislative order that has hindered fairness and justice and build a new one giving full consideration to the fundamental interests of the public and their common will rather than just the interests of a region, department or special group. At the strategic level, the virtue of the amendment is its readjustment of partial and local interests.

The amended Legislation Law redefines the relationship between central and local organs. Interests related to the common will of the public should be guaranteed by the central legislation. On this premise, it also requires considering local interests and real situations to create a structure of better balancing the central authority and local interests. Provisions about giving bigger cities legislative power is a typical example of the aforementioned principle.

Comprehensively deepening reform urges local organs to have the spirit of innovation. Giving them legislative power is conducive to not only stimulating innovation but also restricting their actions. Through a relatively benign framework, the legal exploration within local organs will be embraced into a unified legal order.

The amendment also highlights the leading role of the people’s congress in the legislative procedure. The Fourth Plenary Session of the 18th CPC Central Committee identified the legitimacy of the people’s congress leading legislative efforts. However, in the long term, one of the most significant reasons that result in neglect of public interests is different groups seeking their own interests in the process of legislation.

On one hand, some administrative bodies have always struggled for power and shirked their responsibilities. On the other hand, the problem of increasing citizens’ obligations and mitigating their rights has also emerged, which leads to the imbalance in power and rights structure.

In addition, on the basis of regarding laws as the criterion of civil order, the amended Legislation Law will also pay more attention to legislation at various levels and the lodgment and examination of regulatory documents, further realizing the public’s will.

In general, the revision to the Legislation Law not only reflects the country’s determination of comprehensively advancing the rule of law, but also provides a new opportunity for implementing the “Four Comprehensives” strategy.

Wang Xu is an associate professor from the Law School at Renmin University of China.

Translated by Chen Meina

Revised by Tom Fearon