During the Spring Festival holiday this year, Wang Hui, who lives in Harbin, Heilongjiang Province, finally slept for a few days.

　　"In the past, during the Chinese New Year, from the night of the New Year’s Eve to the morning of the first day, firecrackers would keep ringing, either unable to sleep or awakened. I feel much quieter this year. " Wang Hui said.

　　In recent years, the management of setting off fireworks and firecrackers has become more and more strict, and many places have made special legislation to ban fireworks and firecrackers, and Harbin is one of them. The Decision of the Standing Committee of Harbin Municipal People’s Congress on Prohibiting Fireworks and Firecrackers stipulates that those who set off fireworks and firecrackers in areas where fireworks and firecrackers are prohibited shall be fined in 500 yuan.

　　"This kind of regulation is very timely and useful. I have personal experience." Wang Huixiao said.

　　Hu Jing, a professor at the Institute of Environmental Resources Law of China University of Political Science and Law, said in an interview with the reporter of Legal Daily recently that setting off fireworks and firecrackers during the Spring Festival is a traditional folk custom in China, but it does bring problems such as disturbing people, environmental pollution and safety, and it is not advisable to completely ban and let it go.

　　"It is suggested that all localities legislate according to local conditions to achieve a balance between environmental protection and respect for folk customs. It should be emphasized that when punishing illegal acts, education and fines should be the main ones, and administrative detention should be used with caution to restrict personal freedom. " Hu Jing said.

　　More than 400 cities have legislated to ban it.

　　As in 2018, the "No Fireworks and Firecrackers" reminder message of Beijing Municipal Party Committee and Municipal Government arrived as scheduled before the Spring Festival. On February 3, 2019, the Beijing Municipal Party Committee and the Municipal Government sent a text message to remind the public: Please consciously abide by the prohibition regulations and do not set off fireworks and firecrackers within the Fifth Ring Road and other prohibited areas.

　　Two years ago, the SMS reminders of the Beijing Municipal Party Committee and Municipal Government were still "restricted". On January 25, 2017, the Beijing Municipal Party Committee and the Municipal Government sent a text message to remind them that fireworks and firecrackers can be set off from New Year’s Eve to the first day of the Fifth Ring Road, and from 7: 00 to 24: 00 from the second day to the fifteenth day, and the rest of the time is forbidden.

　　In 2005, the Standing Committee of the Beijing Municipal People’s Congress passed the Regulations on the Safety Management of Fireworks and Firecrackers in Beijing, which divided Beijing into forbidden zones, restricted zones and permitted zones for classified control, and allowed limited discharge of fireworks and firecrackers during the Spring Festival. In December 2017, the Standing Committee of the Beijing Municipal People’s Congress revised this regulation, clearly stipulating that the area within the Fifth Ring Road (including the Fifth Ring Road) in Beijing is an area where fireworks and firecrackers are prohibited.

　　For the management of setting off fireworks and firecrackers, Harbin City, Heilongjiang Province also experienced "from restriction to prohibition".

　　Since 1994, Harbin has experienced several legislative processes such as the prohibition and restriction of fireworks and firecrackers. In recent years, suggestions on banning fireworks and firecrackers have frequently appeared at the two sessions in Harbin. For example, Li Jihong, a representative of Harbin Municipal People’s Congress, thinks that setting off fireworks and firecrackers has some disadvantages, such as potential safety accidents, environmental pollution and waste of resources, and suggests that it be prohibited by legislation.

　　Since December 1, 2018, the Decision of the Standing Committee of Harbin Municipal People’s Congress on Prohibiting Fireworks and Firecrackers has been implemented, which clearly stipulates the areas where fireworks and firecrackers are prohibited and the punishment measures for illegal acts.

　　In terms of legislation prohibiting fireworks and firecrackers, there are many cities that are "one step at a time" except Beijing and Harbin, which are "restricted to prohibition". The data shows that at present, more than 400 cities across the country have explicitly banned fireworks and firecrackers through local legislation.

　　There is no need to ban it across the board.

　　"Setting off fireworks and firecrackers can set off the atmosphere, arouse traditional memories and have cultural value. But at the same time, air pollution, disturbing people and other issues can not be ignored. In fact, the management of setting off fireworks and firecrackers has gone through several times ‘ Prohibition, release and prohibition ’ With the emphasis on air quality in recent years, the policy of prohibiting discharge has returned again. " Yan Xinhui, an associate professor at Shanghai University of Political Science and Law, said.

　　In December 2003, Qingdao, Shandong Province took the lead in revising the original policy of "banning fireworks and firecrackers", clearly stipulating that fireworks and firecrackers can be set off during the Spring Festival. In 2004, Beijing changed the "ban" to "limit". By the end of 2006, more than 200 cities across the country had implemented the "ban on fireworks and firecrackers".

　　As Zhai Xinhui said, behind the repeated prohibition of fireworks and firecrackers is a contest between traditional folk customs and air quality.

　　On the one hand, people regard setting off fireworks and firecrackers as a part of the custom of the Spring Festival, and together with Spring Festival couplets, New Year pictures and other elements, they form a strong atmosphere of the Spring Festival.

　　On the other hand, setting off fireworks and firecrackers is regarded as an "accomplice" to aggravate air pollution. According to the monitoring data of the Department of Ecology and Environment of Henan Province, the air quality in Henan Province deteriorated sharply from 18: 00 on February 4 (New Year’s Eve) to 10: 00 on February 5 (Spring Festival), and the average concentrations of PM10 and PM2.5 increased by 34 μ g/m3 and 12 μ g/m3 respectively compared with the Spring Festival in 2018.

　　It is worth noting that the prohibition of fireworks and firecrackers in many places is no longer a simple policy return, but a clear way through local legislation.

　　Hu Jing believes that it is not necessary to ban fireworks and firecrackers across the board, and the practice of "limiting the time and area of fireworks and firecrackers" can be adopted. Judging from the regulations prohibiting the discharge of fireworks and firecrackers in various places, there are many ways to restrict the discharge of fireworks and firecrackers, and there are fewer comprehensive bans.

　　Li Jianwei, a professor at China University of Political Science and Law, also believes that we should listen to public opinions to the greatest extent on the basis of fully respecting folk customs, and protect folk customs as much as possible, and allow fireworks and firecrackers to be set off in limited time areas. We can’t make a "one size fits all" ban, but we should adopt a step-by-step and step-by-step model to gradually change the public customs.

　　"The prohibition of setting off firecrackers has an effect on reducing or alleviating pollution to a certain extent, but for the Chinese nation with a long culture of thousands of years, setting off fireworks and firecrackers during the Spring Festival itself is an important traditional custom. Therefore, the key to legislation is to grasp the balance point. For example, for areas with serious pollution and many people who are prone to traffic accidents, it is possible to prohibit discharge, or to designate special areas for discharge, and to use pollution-free and safe electronic firecrackers to a certain extent. " Ouyang Aihui, an associate professor at the School of Economics, Management and Law, University of South China, said.

　　Legislation should listen to the voice of the people.

　　Li Chao, who is doing business in Handan City, Hebei Province, used to set off firecrackers at the door to "welcome the god of wealth" when he opened the door on the fifth day.

　　"I heard that the punishment has been increased this year. Some people have been administratively detained for setting off fireworks and firecrackers. Pictures and videos have spread in the WeChat group and dare not let them go." Li Chao said.

　　On the first day of the fireworks ban, Shenyang police investigated and dealt with 66 illegal fireworks and firecrackers according to law; Since the Spring Festival, the public security organs in Weifang City, Shandong Province have investigated and dealt with 875 cases of illegal fireworks and firecrackers with 890 people … … After searching for "setting off fireworks and firecrackers" on the Internet, the reporter found that there were countless news reports that were punished for illegally setting off fireworks and firecrackers.

　　In recent years, more and more cities have joined the army of legislating against fireworks and firecrackers. Hu Jing believes that in the process of legislation and law enforcement, the punishment for illegal discharge of fireworks and firecrackers should be treated according to the situation and need not be too severe.

　　"Those who make corrections after dissuasion shall be exempted from punishment. If they do not listen to dissuasion and continue to set off fireworks and firecrackers, they may be punished. In terms of punishment methods, education and fines should be the mainstay. Unless the circumstances are particularly bad, it is not recommended to impose administrative detention. " Hu Jing said.

　　Experts believe that when changing customs through legislation, public opinions must be widely solicited, and scientific and democratic legislation must be achieved.

　　"The regulation of traditions and habits should follow the principles of democracy and the rule of law. On the one hand, fully consult the opinions of local residents. On the other hand, the introduction of various bans must follow the principle of the rule of law and avoid ultra vires. Special attention should be paid to avoiding simple and rude law enforcement. It can be considered to ban by region and time, and more publicity and explanation work should be done. " Yan Xinhui said.

　　Ouyang Aihui believes that local legislation to control excessive firecrackers during the Spring Festival is in line with the needs of building a China ruled by law. But this kind of legislation must conform to the basic principles of administrative law, namely, administration according to law and reasonable administration.

　　"Before legislation, we should attract public participation, listen to people’s voices, and reflect the democratic and scientific nature of legislation, instead of simply doing it overnight. In legislation, the prohibition of firecrackers should be based on legitimate considerations, and the prohibition provisions must be fair, moderate, reasonable and feasible. For those who do not need to ban discharge or do not need to ban discharge completely, there is no need to impose excessive restrictions. Otherwise, it will not only fail to achieve the corresponding effect, but also be vulnerable to public resistance, and it will also be a huge waste of administrative law enforcement resources. " Ouyang Aihui said.

　　□ Legal Network reporter Pu Xiaolei