Pass the right laws, and enforce them

By Ken Mcmanus (China Daily)
Updated: 2007-03-14 06:25

The assignment: tell the National People's Congress (NPC), which has the authority to do anything that legislation can do in China, what a foreigner believes China needs.

As someone who has lived and worked in this country for four years, I ride the buses with the people of Beijing and read the news accounts of how China struggles with fixing what it sees that needs correcting.

I truly believe the NPC studies what needs to done and, after careful consideration, passes the right laws on fighting corruption in government, environmental protection and most issues.

What the government fails to do, however, is provide for adequate enforcement of those laws and regulations. Pass the right laws, and enforce them

Take the problems with accidents at mines that, upon investigation, turned out to be illegal because local government officials turned a blind eye to safety regulations and licenses. The mine owners found that bribing local officials not to notice was less costly than going through all the regulatory red tape.

In the West, where the battle of changing from the rule of person (renzhi) to the rule of law (fazhi) was won centuries ago, this is an outrage. But you have to understand China's history and culture to see why change happens so slowly here.

On the question of pollution and cleanup, the NPC sees what needs to be done and, for the most part, has provided the legislative foundation for what must be done. But unless it puts more money into the enforcement of environmental laws and regulations, China is just spinning its wheels in the sand.

These are only two of the main issues that desperately need attention. There may be more. If so, it's time to identify them and put financial support to whatever it takes to fix them.

If that means setting up a hot line for citizens to be allowed to report confidentially whatever corruption they see, then do it. Or to report an oil slick fouling any of China's precious waterways, regardless of the source, then do that.

It's time to set up whatever special enforcement divisions are needed to rid the country of its biggest problems.

When, under Deng Xiaoping, China opened its doors, it took a major step toward telling the world that the country could no longer exist in isolation. When, in 2001, China joined the World Trade Organization, it declared its intention to integrate the country's economy with the rest of the world's.

But now the spotlight is on. The world is watching. As the Olympic Games approach next year, China has granted access to the world's media.

The question is, can it take the sometimes painful scrutiny and do what's right? That means both laws and their proper enforcement.

(China Daily 03/14/2007 page7)