The National People's Congress Law Committee stated, "A comprehensive ban on fireworks and firecrackers is illegal; local authorities need to amend the ban on fireworks." How do you view this matter?

Reflections on Environmental Protection Policies and Societal Norms

Labeling environmental protection measures as lazy, foolish, or tyrannical governance is an oversimplification. — People’s Daily

Moreover, why should scenic spots and entertainment venues legally set off fireworks and charge admission?

Personally, I believe that the law should not ignore social norms, especially those that have been established and deeply rooted in society for thousands of years.

In fact, many places exhibit this phenomenon—when the prohibition of fireworks is strictly enforced by local police, the law is better implemented. Conversely, when enforcement is lax, the effectiveness is significantly diminished.

This is why administrative departments must repeatedly emphasize this every year, as they know well that if it’s not stressed, people will act as if the ban doesn’t exist!

Clearly, while the intensity of law enforcement plays a critical role in the implementation of laws, the natural foundation of legal authority—public acceptance of the law—ultimately determines the level of compliance.

Laws and social norms are complementary. Social norms are determined by the collective moral and value judgments of the public.

Take, for example, “prohibiting spitting in public” versus “banning fireworks.” The former faces far less opposition. This is because even without legal stipulations, spitting in a crowded area will garner widespread disdain. Before the law was established, a social norm against spitting already existed, dictated by the internal moral standards of the community.

Even a mere disapproving glance can exert psychological pressure on a rational person, prompting internal reflection despite any outward indifference. Therefore, for “prohibiting public spitting,” the law and social norms are consistent and complementary in enforcement. With the support of social norms, legal enforcement is naturally more effective.

However, the case with banning fireworks is different! No one feels that setting off fireworks during major celebrations is wrong. On the contrary, not participating might lead others to wonder if something unfortunate has occurred.

For most Chinese, setting off fireworks is a way to “bid farewell to the old and usher in the new” and a crucial part of celebrating the New Year festively. The notion that “it isn’t New Year’s without fireworks” prevails in many minds. Many people, instead of scorning those who “break the rules” and set off fireworks, will enjoy the spectacle, indirectly reducing the deterrent effect of any punishment. Even when rule-breakers are penalized, the reaction might be one of mild surprise rather than severe condemnation.

When laws are inconsistent with social habits, their effectiveness is naturally compromised. At the very least, public judgment will not be favorable.

Article 82, paragraph 2 of the “People’s Republic of China Atmospheric Pollution Prevention Law” stipulates: “It is forbidden to produce, sell, and ignite fireworks and firecrackers that do not meet quality standards. No unit or individual may ignite fireworks and firecrackers in the time periods and areas prohibited by the city’s people’s government.” Article 28 of the State Council’s “Fireworks and Firecracker Safety Management Regulations” states: “Local people’s governments at or above the county level may determine the time, place, and types of fireworks and firecrackers that are restricted or prohibited based on the actual conditions of their administrative regions.”

The National People’s Congress Law Committee, during its record review, believed:

The Atmospheric Pollution Prevention Law and the State Council’s Fireworks and Firecracker Safety Management Regulations, among other laws and administrative regulations, do not provide comprehensive prohibitions on the sale and ignition of fireworks and firecrackers that meet quality standards. They also authorize local governments at or above the county level to designate the time periods and areas for restricting or prohibiting the ignition of fireworks and firecrackers. Local regulations that comprehensively prohibit the sale and ignition of fireworks and firecrackers are inconsistent with the relevant provisions of the Atmospheric Pollution Prevention Law and Fireworks and Firecracker Safety Management Regulations. Regarding the issue of comprehensive bans on sales and ignition, there are differences in understanding, and it is difficult to implement in practice. Therefore, it should be modified in accordance with the spirit of higher-level regulations.

This reflects two layers of meaning:

The first layer of meaning is that local regulations that comprehensively prohibit the sale and ignition of fireworks and firecrackers violate higher-level laws because the higher-level laws allow local governments to designate prohibited ignition times, places, and types, without outright forbidding them.

The second point, regarding comprehensive bans on sales and ignition, there is significant disagreement at the legislative level, and different opinions exist. Therefore, there will be no changes at the higher-level law for the time being.

So, how might local legislation change in the future?

Personally, I think it may be relaxed within a limited time frame, such as during New Year’s, Spring Festival, Qingming Festival, etc.

Local governments are unlikely to completely lift the ban, as there is environmental pressure.

2. How far are pollution-free fireworks?

Article 82, paragraph 2 of the “People’s Republic of China Atmospheric Pollution Prevention Law” stipulates: “It is prohibited to produce, sell, and ignite fireworks and firecrackers that do not meet quality standards. No unit or individual may ignite fireworks and firecrackers within the time periods and areas prohibited by the city’s people’s government.” Article 28 of the State Council’s “Fireworks and Firecracker Safety Management Regulations” states: “Local people’s governments at or above the county level may determine the time, place, and types of fireworks and firecrackers to be restricted or prohibited based on the actual conditions of their administrative region.”

In recent years, many regions, facing pressure related to atmospheric pollution prevention, have adopted local regulations, government decrees, or government orders issued by people’s congress standing committees at or above the county level or by the government. These measures go beyond the previous restrictions on the ignition of fireworks and firecrackers in specific areas and during specific time periods. They have extended to urban areas and, in some cases, even expanded to adjacent villages, imposing a comprehensive ban on the ignition of fireworks and firecrackers throughout entire counties or cities. Additionally, they have introduced regulations prohibiting the sale of fireworks and firecrackers within areas where the ignition of fireworks and firecrackers is entirely prohibited. The legal basis for these measures is the preceding provisions of the Atmospheric Pollution Prevention Law and the Fireworks and Firecracker Safety Management Regulations, which empower local governments at or above the county level to “determine the time and place for restricting or prohibiting the ignition of fireworks and firecrackers.”

However, during the legislative review of regulations, the National People’s Congress Standing Committee’s Law Committee has explicitly pointed out that existing laws and administrative regulations do not provide for a comprehensive prohibition on the sale and ignition of fireworks and firecrackers that meet quality standards. Moreover, local regulations that comprehensively ban the sale and ignition of fireworks and firecrackers are inconsistent with the provisions of the Atmospheric Pollution Prevention Law and the Fireworks and Firecracker Safety Management Regulations, which allow local governments to “determine the time, place, and types of fireworks and firecrackers to be restricted or prohibited.” In other words, the above-mentioned higher-level laws allow local governments to “determine the time, place, and types of fireworks and firecrackers to be restricted or prohibited” only in some areas or during some time periods, rather than imposing a comprehensive ban on the ignition of fireworks and firecrackers throughout all areas and time periods.

However, the information disclosed by the National People’s Congress Standing Committee’s Law Committee at present still lacks clarity. Does it mean that the practice of a comprehensive ban on the ignition of fireworks and firecrackers throughout all areas and time periods within a certain city or county’s administrative region (regardless of urban or rural areas) does not comply with the higher-level laws? Or does it mean that regulations within prefecture-level cities that impose a comprehensive ban on the ignition of fireworks and firecrackers in urban areas while allowing their ignition in rural areas also do not comply with the higher-level laws? If it is the former, then most of the existing local regulations or government decrees related to the comprehensive ban on the ignition of fireworks and firecrackers in urban areas would align with the spirit of higher-level laws and would not require modification. Nationally, only a very small number of local regulations or regional government orders implement a comprehensive ban on the ignition of fireworks and firecrackers throughout entire cities or counties. However, if it is the latter, then many local regulations or government decrees and orders across the country that relate to the comprehensive ban on the ignition of fireworks and firecrackers in urban areas would need to be amended. The regulations concerning the prohibition of selling fireworks and firecrackers within urban areas would require even more significant modifications. Of course, even if the latter interpretation holds, local regulations or regional government orders regarding the restriction or prohibition of fireworks and firecrackers in urban areas are unlikely to be entirely relaxed and may instead be modified to allow ignition during holidays such as the Spring Festival and Qingming. I’ve had a thought for some time: why not develop pollution-free fireworks to address pollution concerns? Some friends have told me that the cost is high, and ordinary people cannot afford them. But the question is, after thousands of years of fireworks in China, can we suddenly ban them? Pollution is ubiquitous. Shouldn’t we be considering how to prevent the pollution caused by fireworks and firecrackers rather than banning them outright? After all, there were no pollution problems caused by fireworks and firecrackers heard of a long time ago…

At least during the Spring Festival, the ignition of fireworks and firecrackers should be allowed, or it should be confined to a specific time frame. This would not only satisfy the public’s desire for fireworks during the Spring Festival but also align with our traditional customs spanning thousands of years in China. Moreover, it would make it convenient for relevant authorities to manage the situation during specific times. Allowing some flexibility is not necessarily a bad thing; it’s a way to accommodate public sentiment.

Most regulations regarding the ignition of fireworks and firecrackers are primarily driven by environmental concerns. After all, the ignition of fireworks and firecrackers does produce a significant amount of pollutants that can worsen smog issues within a certain area, affecting the environment and human health. However, the extent of this impact needs to be assessed comprehensively. Our ancestors have been igniting fireworks for centuries, and back then, the environment wasn’t noticeably worse. We still had blue skies and white clouds. Why has pollution become such a problem now? There are many polluting industries that haven’t been adequately addressed, and focusing too much on fireworks and firecrackers might be a bit excessive. In addition to environmental considerations, there is also a small aspect to consider related to potential injuries and property damage caused by fireworks. After every Spring Festival, hospitals see cases of injuries caused by fireworks.

However, without comprehensive research, implementing a complete ban everywhere just because of environmental pollution or the risk of fires seems like taking the easy way out. This approach lacks a responsible attitude and may be seen as a lazy approach to governance. Whether it’s a lack of diligence or not, it fails to take into account people’s need for the festive atmosphere and the desire for the sound of firecrackers bidding farewell to the old year.

So, after everyone has worked hard for a year, having to worry about lighting firecrackers and being afraid of being caught and punished really feels unjustifiable. It’s a nostalgic feeling for the Spring Festivals of the 1980s when, as soon as the clock struck midnight on New Year’s Eve, the sound of firecrackers echoed throughout every household. Those were the good old days.

Fireworks and firecrackers play a significant role in traditional customs, especially during the Spring Festival. Igniting fireworks and firecrackers during this time carries the hopes and aspirations of many for a prosperous new year and a lively life. It is not merely a folk activity; its symbolic significance far surpasses its mode of expression.

In many regions, varying degrees of restrictions on the ignition of fireworks and firecrackers have been imposed through local regulations, and in some places, an outright ban has been enforced.

There are two main considerations behind these measures. Firstly, the ignition of fireworks and firecrackers can lead to environmental pollution, including air quality and the debris and waste paper left behind after ignition. Secondly, there is a certain level of safety risk associated with the ignition of fireworks and firecrackers, and local authorities are accountable for the safety of the lives and property of the people.

While the safety of people’s lives and property and the livability of the environment are undoubtedly important, the hopes and demands of the people for preserving traditional culture and embracing traditional customs also deserve attention.

The statement by the National People’s Congress Law Committee signifies a legal standpoint that rejects the approach of some regions in completely banning the ignition of fireworks and firecrackers.

The National People’s Congress has the authority to review and supervise local regulations. The Standing Committee of the National People’s Congress has the power to repeal administrative regulations, decisions, and orders that contradict the Constitution and laws. It also has the power to repeal local regulations and resolutions that contradict the Constitution, laws, and administrative regulations. Furthermore, it has the authority to repeal autonomous regulations and separate regulations approved by the People’s Congress Standing Committee of provinces, autonomous regions, and municipalities that violate the Constitution and legislation regarding legislative powers.

Of course, even though the National People’s Congress has the authority to repeal local regulations, and from the statement of the National People’s Congress Law Committee, it is apparent that at the national level, there is a desire to preserve the essence while eliminating the dross when it comes to traditional customs and traditions. Encouraging and guiding the public to embrace traditional culture is indeed the best way to foster cultural confidence at the grassroots level.

However, the question of why some regions distance themselves from carriers of traditional culture like fireworks and firecrackers may require further consideration in the design of reward and punishment systems by relevant authorities.

Encouraging and guiding the development of simple, virtuous, diverse, and colorful folk customs is sometimes not something that a single law or regulation can decide. Local governance is a systematic process that involves multi-level, multi-faceted assessment criteria. Achieving a particular objective often requires coordination with other initiatives.

The ban on fireworks and firecrackers has been effective in preventing environmental pollution and reducing the risk of fires. However, it is an undeniable fact that it has also led to a less festive atmosphere.

Phrases like “Amidst the sound of firecrackers, we bid farewell to the old year” and “I was in a daze, but I could faintly hear the continuous sound of firecrackers in the distance, as if it formed a dense cloud of sound that lasted throughout the day, accompanied by swirling snowflakes, embracing the entire town” may never be heard again.

The “one-size-fits-all” policy may bring quick results, but without the process of collecting public opinion, it can only rely on the hope that decisions are always wise.

An editorial in the People’s Daily has also pointed out: In reality, the “one-size-fits-all” approach is often closely related to a lack of research and decision-making that is disconnected from reality. It even has the suspicion of bureaucratic inaction from those who are unwilling, unable, or afraid to act.

Fine-grained social governance is the trend, and for activities with a certain cultural significance like igniting fireworks and firecrackers, specifying the time, place, and even limiting purchases and quantities would undoubtedly yield better results. Punishment can be imposed for non-compliance with the regulations.

The recent statement by the National People’s Congress Law Committee suggests that a blanket ban on fireworks and firecrackers contradicts the spirit of higher-level laws. Generally, laws have a significant impact on citizens' rights and obligations, which is why the legislative process is the most stringent, and the content is quite rigorous.

Under the law, there are administrative regulations, local regulations, departmental regulations, and more, with lower legal force than laws. According to the spirit of the Legislation Law, these regulations can only further refine within the scope defined by the law but cannot exceed the provisions of the law.

As such, higher-level laws like the Air Pollution Prevention and Control Law and the State Council’s Regulations on the Safety Management of Fireworks and Firecrackers did not make comprehensive prohibitions on the sale and ignition of fireworks and firecrackers that meet quality standards. They also authorize local governments at or above the county level to determine the time and areas for restricting or prohibiting the ignition of fireworks and firecrackers. The blanket ban by county governments violates the spirit of higher-level laws and should be amended!

Some places don’t even allow it in rural areas!

Last year, when we set off fireworks, we were surrounded by several cars. Although they didn’t take us away or fine us, it was because we were all heavily intoxicated and adamantly denied it. They didn’t dare to confront us directly in the village.

Afterward, I checked the local regulations, and there were only some management measures at the city level, with no requirements for rural areas at all. Surprisingly, they came all the way to the village from the township to inspect.

So we started to “rebel.”

We acquired a large quantity of “firepower,”

Engaged in guerrilla warfare in the village,

The townspeople, along with the village officials, were no match for us. We organized and disciplined ourselves, igniting fireworks everywhere, roaming through alleys, and if we couldn’t escape, we would enter a random household (with the support of the masses). We kept them in a whirl, and at night, we would even set off firecrackers in the fields, causing them to flash their car lights all over the village. They didn’t dare to leave the village.

Those official cars were like the Japanese invaders who were kept in a whirlwind by the sparrows!

The consequences were severe too. During those days, there were four or five patrol cars in the village every day. In addition to that bureau, there were also police station cars, blaring sirens and making announcements throughout the streets. It made the village too scared to even set off firecrackers. Every rustling of the wind sounded like an enemy approaching, and the entire village was quiet during the New Year, with no one on the streets. It made us feel very guilty.

The New Year is coming again soon,

This year, we won’t be engaging in guerrilla tactics,

We’ll stand our ground,

If they want to fine us or regulate us, they should show us the relevant documents!

Don’t use trifles to bully us; farmers are not to be underestimated!

1. Economic Downturn and the Firework Dilemma

This year’s economy is really struggling, and even as the year-end approaches, we still need fireworks and firecrackers to boost it.

Fireworks and firecrackers also require a substantial amount of consumption, but this year, nobody seems willing to spend. We don’t know how enthusiastic people will be if these restrictions are lifted. Will they be willing to spend more in this regard and stimulate the economy? It’s also part of an industry chain.

In the past, there were slogans everywhere, proclaiming a blanket ban on fireworks and firecrackers, with penalties and detentions for violations. This year, they specifically came out to say it’s allowed again. Isn’t this for economic development? We just don’t know what the outcome will be.

1. Victoria Harbour in Hong Kong

In Victoria Harbour, Hong Kong,

The amount of fireworks they set off in a single day

Is enough to last a province for more than a month.

Disney and various theme parks

Have daily fireworks displays.

Are these places exceptions, or what?

1. The Role of the National People’s Congress in Legal Supervision

This is the performance of the National People’s Congress (NPC) as the highest legislative body, exercising its legal supervision rights.

First, let’s talk about the system of filing and review.

Filing and review refer to the activities in which normative documents are reported to the same-level or higher-level NPC Standing Committee for filing within the statutory time limit after their promulgation and are then supervised and reviewed by the accepting NPC Standing Committee in accordance with the statutory standards and procedures. It mainly conducts reviews and research on issues related to the constitutionality, legality, and appropriateness in normative documents such as regulations and judicial interpretations and urges the drafting authorities to make corrections if there are issues that do not comply with constitutional and legal provisions or are clearly inappropriate. The main department responsible for this work is the Legal Work Committee of the NPC Standing Committee.

Article 111 of the Legislation Law stipulates that the special committees of the National People’s Congress, as well as the work organs of the Standing Committee, can proactively review administrative regulations, local regulations, autonomous regulations, and separate regulations submitted for filing, and can conduct special reviews as needed.

Why is filing and review necessary?

To ensure legal consistency and prevent situations where the interpretation of the law varies from one place to another. The law often sets a baseline that applies nationwide, but our country is vast and diverse, with unique circumstances in almost every region. Local governments also have their corresponding powers and responsibilities, and inevitably, they will formulate certain legal provisions. However, these legal provisions cannot violate the Constitution and other higher-level laws; otherwise, chaos may ensue.

The system of filing and review has undergone development. In 2015, the Central Committee of the Communist Party of China proposed the establishment of a sound filing and review linkage mechanism, realizing the requirements of “everything must be filed, everything filed must be reviewed, and everything with problems must be corrected.” The draft amendment to the Legislation Law, submitted for review at the First Session of the Fourteenth National People’s Congress in March 2023, involves the improvement of the filing and review system.

It can be seen that the filing and review system is a constitutional supervision system with Chinese characteristics, and it is an important system to ensure the implementation of the Constitution and laws and maintain national legal unity. It is conducive to better fulfilling the NPC Standing Committee’s supervisory powers granted by the Constitution and laws and is of great significance for advancing comprehensive rule of law in China.

2. Regarding the Comprehensive Ban on Fireworks and Firecrackers

Firecracker lighting during the Chinese New Year was originally a traditional activity, but with increasing environmental pressures, a comprehensive ban on the sale and use of fireworks and firecrackers has become a supported measure in more and more regions. However, these fixed regulations introduced by local governments clearly lack a legal basis. Laws and administrative regulations such as the Atmospheric Pollution Prevention Law and the State Council’s Fireworks and Firecracker Safety Management Regulations do not contain comprehensive bans on the sale and use of fireworks and firecrackers that meet quality standards.

In this context, the comprehensive bans on the sale and use of fireworks and firecrackers introduced by local governments violate higher-level legal provisions. They cannot pass the filing and review process conducted by the National People’s Congress Law Committee and must be revised.

To Boost the Economy

This is for the sake of stimulating the economy.

For now, let’s endure it.

There’s nothing else we can do.

Global Warming and the Absurdity of Curbing Air Pollution by Banning Firecrackers

It’s a colossal joke that in the face of global warming and air pollution, they expect us to solve the problem by not setting off firecrackers. Some factories release more pollutants in a day than we do in a year of firecracker celebrations. Implementing an across-the-board ban on our right to set off firecrackers, all in the name of creating a superficially civilized city, results in a soulless civilization. What good is that?

Is It Necessary to Celebrate the New Year?

Is it even worth celebrating this year? With no day off for New Year’s Eve, the festive spirit grows fainter each passing year. If we can’t set off fireworks and firecrackers, there’s no point in celebrating this year.

If the People Like It, Who Are You to Prohibit It?

If something the people enjoy, even if you don’t, why would you want to prohibit it? Who do you think you are?

Amidst the Firecracker’s Bang, a Year Passes

Amidst the firecracker’s bang, a year passes, Spring breeze brings warmth as we sip on wine. Countless households bathed in the sunlight’s glow, Replacing old charms with new, the peach blossoms shine.

The National People’s Congress Has Its Say

What the National People’s Congress says does hold some significance, But its impact is somewhat limited in this instance.

The crux of the matter lies in the evaluation of officials and accountability for safety, During the Spring Festival, if firecrackers cause fires in different regions, regardless of the extent or casualties, If it doesn’t affect safety ratings or officials' promotion assessments, If leadership responsibilities aren’t investigated, the true relaxation of firecrackers won’t come to pass.

Without addressing these issues, without changing the evaluation and safety accountability system for officials, All other attempts to amend or rectify will merely be scratching the surface.

Timely or Not?

Do you think this document came at just the right time? In fact, some regions had already implemented regulations prohibiting fireworks and firecrackers during the Spring Festival.

In this regard, being proactive, forward-thinking, and prepared is far better than being caught off guard.

Precise management and a human touch – there’s no easy and rash solution. “Some citizens and businesses have proposed review suggestions for comprehensive prohibitive regulations."

I believe this sentence is the key.

The regulations banning fireworks and firecrackers are arbitrary in terms of levels, timing, and scope. Sometimes, there’s confusion with higher authorities issuing bans and lower authorities doing the same, leading to excessive precautions.

In certain remote rural areas, bans on fireworks and firecrackers are imposed in the name of air pollution control, Enforcing stricter bans than in first-tier cities.

Now, the upper echelons have made it clear – citizens and businesses have proposed review suggestions, And it has been stated that modifications should be made.

It’s the Lunar New Year, and setting off a firecracker or two can bring joy and festivity, Enlivening the atmosphere and boosting consumption – there’s no need to treat it as a monstrous flood.

Current Chinese New Year Situation

The current Chinese New Year situation is as follows: New Year’s Eve might not be a day off, and fireworks and firecrackers might not be allowed. If you’re a business owner putting up Spring Festival couplets, the urban management officers might tear them down before the holiday ends. The only thing that might be left for us during the New Year is: everyone getting together to make dumplings.

Talking about the law in India, I find it a bit ridiculous.

The Story of “Nian” and Firecrackers

The grandfather of the National People’s Congress may not have told him the story of “Nian,” so I will reluctantly share it with him and introduce him to the excellent traditional Chinese culture that has been passed down for thousands of years.

Legend has it that a long time ago, there was a monster that was more ferocious than the monsters in Ultraman. It had a pointed head and lived in the sea, and its name was “Nian.”

In the sea, there were many fish, shrimps, and crabs that could be its food, but it had a preference for humans. For this reason, it would tirelessly swim from the deep sea to the shore to find every living person.

Its appearance to devour people was quite predictable—it happened every New Year’s Eve. Nian was also intelligent and specifically targeted villages because they had the most people.

So, every New Year’s Eve, families would take their wives and children and flee to the deep mountains to avoid becoming Nian’s food. Although there were also tigers and leopards in the mountains, they were nothing compared to Nian.

One New Year’s Eve, as the villagers were busy packing their belongings to escape, a beggar-like old man with white hair approached an elderly woman and said:

“As long as you let me stay in your house for one night, I can help you drive away the Nian beast!”

No one in the village believed him and tried to persuade him to run to the mountains with everyone else.

The old man insisted on staying, and as time was running out and the Nian beast was approaching, the villagers left one by one, leaving only the old man alone in the village.

When the Nian beast entered the village as usual, it wreaked havoc and found no one. It bared its sharp fangs and prepared to feast on pigs, dogs, cows, and sheep.

Suddenly, the sound of firecrackers set off by the white-haired old man echoed. When the Nian beast heard it, it trembled all over and dared not approach. When the old man threw firecrackers at the Nian beast, it fled in panic.

The next day, when people returned from the mountains, they found the village intact, and their livestock were unharmed. It was then that they realized the truth.

The white-haired old man turned out to be a celestial being who had come to help them drive away the Nian beast. He had given firecrackers to the people and taught them how to make them. He told them: “When the Nian beast comes to cause trouble, light the firecrackers.”

Since then, every New Year’s Eve, families would set off firecrackers, paste couplets, and illuminate their homes. This custom spread far and wide, becoming our country’s most important traditional festival, “Chinese New Year.”

For thousands of years, firecrackers have become an essential part of our culture and an important intangible cultural heritage that distinguishes our nation from others.

So, for the National People’s Congress that wants to legislate against the use of firecrackers, this is the story. If you find firecrackers noisy, you can always leave. There are many countries in the world where they don’t use firecrackers to celebrate the New Year.