Multiple regulations in Shenzhen criticized as dead letters: implementing agencies not established two years after promulgation
The Shenzhen Public Toilet Management Measures stipulate a fine of 100 yuan for urinating or defecating outside the toilet bowl, but more than a year after implementation, not a single ticket has been issued. After Southern Metropolis Daily reported this yesterday, netizens vented their frustrations and took stock, discovering that Shenzhen has other local regulations that exist only on paper due to lack of enforcement. Among them, the old version of the Shenzhen Special Economic Zone Smoking Control Regulations has not seen a single ticket issued in the 15 years since its implementation; the Shenzhen Special Economic Zone Gender Equality Promotion Regulations were promulgated more than two years ago, yet the working body for its implementation has still not been established; and the Shenzhen Dog Keeping Management Regulations has also been criticized as a dead letter due to enforcement difficulties. Why are some provisions in certain regulations, which are difficult to enforce, ultimately still introduced? A relevant person from the Shenzhen Municipal People's Congress explained that when regulations are submitted to the Standing Committee of the Municipal People's Congress for deliberation, different committee members have different opinions and different understandings of the provisions. Sometimes fines are not the goal, but rather serve more as a warning. The Shenzhen Municipal People's Congress stated that it will next promote more refined legislation.
(1) The Shenzhen Municipal Public Toilet Management Measures have been in effect for a year and a half without a single penalty imposed.
A fine of 100 yuan for urinating outside the toilet bowl—who will catch offenders in the act?
Regulatory Content: The Shenzhen Municipal Measures for the Administration of Public Toilets, promulgated and implemented in September 2013, stipulate that urinating or defecating outside the toilet bowl shall incur a fine of 100 yuan.
Implementation status: A year and a half has passed since the promulgation of the Administrative Measures, yet not a single penalty notice has been issued, and the regulation has been criticized as a mere dead letter. A person in charge of a street law enforcement team in Luohu District stated that they have not imposed any penalties for violations of the public toilet administrative measures within their jurisdiction. When problems are identified, they generally urge rectification, saying, “No penalties have ever been imposed. It is difficult to enforce and difficult to obtain evidence.”
Cause analysis: A relevant official from the Environmental Sanitation Division of the Shenzhen Urban Management Bureau stated that the greatest difficulty lies in evidence collection—who is going to stand watch in the restroom to catch offenders in the act? "The purpose of this policy we introduced is primarily education and deterrence, emphasizing civilized restroom use by citizens." Frontline law enforcement personnel noted that most public restrooms are managed by subdistrict urban management departments, making penalties unlikely. Meanwhile, subdistrict enforcement teams cover too broad a scope and lack sufficient enforcement capacity.
Countermeasures: Last Wednesday, after Shenzhen Vice Mayor Liu Qingsheng proposed that all districts treat public toilet construction as a major issue, relevant law enforcement team heads stated they would urge the courts to strengthen management, and whether to impose fines is under study.
(2) Eight years after the implementation of the Shenzhen Dog Keeping Management Regulations, millions of dogs remain unregistered and unpaid.
Urban management officials complain about the difficulty of impounding dogs, and they have to compensate if the dogs get sick or die.
Regulations: In 2006, the Shenzhen Municipal Regulations on Dog Keeping were officially implemented, stipulating that dog owners shall pay a management fee of 300 yuan per dog per year; those who fail to register and obtain a license shall be fined up to 700 yuan.
Implementation status: More than eight years after the regulations took effect, problems persist, including low registration rates for dog licenses, numerous dog-related complaints, and weak enforcement. Currently, millions of dogs in Shenzhen remain unregistered and unpaid. The Shenzhen Urban Management Enforcement Detachment states that due to a lack of compulsory enforcement powers, it currently relies mainly on persuasion. The urban management department has no authority to check dog owners’ identification documents or to visit their homes to seize dogs. Even when violations are investigated and handled, the disposal of the dogs poses a major problem. At present, apart from Futian District, no other district has a dog shelter. “Even if these seized and confiscated dogs are taken away temporarily, not only is storage difficult, but staff must also be assigned to feed them every day. If some valuable dogs fall ill or die, the enforcement authorities may even have to pay compensation.”
Reason analysis: The regulation faces difficulties in evidence collection and enforcement. The administrative body, the Urban Management Bureau, lacks clear law enforcement authority and compulsory powers, and issues with personnel, staffing, and funding render the regulation virtually ineffective. Shenzhen is one of the few cities in China where the urban management department serves as the administrative body for dog-keeping regulations. "We can only regulate dogs, while other cities can regulate people," said a relevant official from the Urban Management Inspection Detachment.
Response: The Shenzhen Urban Management Bureau stated that although the regulation has been included in the "recommended legislative amendments" proposal every year, there has been no definite timetable. Going forward, enforcement efforts will be strengthened in three areas. First, the management of "one-stop dog license processing" will be enhanced with additional verification and exit mechanisms. Second, a "special enforcement week" campaign will be launched, organizing urban management enforcement departments across the city, in conjunction with public security organs and professionals, to conduct patrols during the daily evening dog-walking peak hours. Third, all administrative districts will complete the outsourcing of dog shelter services this year.
(3) The old version of the Shenzhen Special Economic Zone Smoking Control Regulations had been in effect for 15 years without ever being seriously enforced.
Restaurant smoking fine of 50 yuan: no ticket issued in 15 years
Regulatory Content: The Shenzhen Special Economic Zone Smoking Control Regulation, adopted by the Standing Committee of the Shenzhen Municipal People's Congress in 1998, was the first local smoking control regulation in China. It stipulates that smoking is prohibited in indoor workplaces, indoor public places, public transportation, and outdoor areas such as schools, parks, and medical and health institutions. Violators shall be fined between 50 and 500 yuan.
Implementation status: In the 15 years since its implementation, not a single fine has been issued.
Reason analysis: Why does the law become a "paper tiger"? Previously, the relevant department explained it as "insufficient manpower." The regulation stipulates that the enforcement body for tobacco control is the health administrative department, and the only entity within the health system with enforcement authority is the municipal health supervision institute, which has only a few dozen staff. The Shenzhen Legislative Affairs Office, in the drafting explanation of the regulation amendment draft, held that excessively light legal liability is an important reason for poor enforcement results.
Yesterday, a source familiar with the matter at the Shenzhen Health and Family Planning Commission also told a Southern Metropolis Daily reporter that the fundamental reason the old tobacco control regulation proved ineffective was that, at the time of legislation, it designated a single department to carry out enforcement. Inadequate enforcement led to limited deterrence. If a law is poorly enforceable, the legislation enacted is very likely to become “a mere scrap of paper.”
Countermeasures: As of March 1, 2014, the revised smoking control regulations officially took effect. The new regulations grant enforcement authority to 12 government departments, including public security, urban management, and the health bureau, requiring each department to penalize smoking violations within its respective jurisdiction, and the courts need to make enforcement a routine practice. One year after implementation, 8,856 individual fines have been issued, totaling over 440,000 yuan in penalties.
(4) Two years after the implementation of the Regulations on the Promotion of Gender Equality in the Shenzhen Special Economic Zone, the relevant institution has still not been established.
Gender equality is beautiful, but the institution remains unestablished.
Regulatory Content: The Regulations on the Promotion of Gender Equality in the Shenzhen Special Economic Zone came into effect on January 1, 2013. This is the first local regulation on gender equality in mainland China. The regulations legally define the meaning of gender equality, clearly define gender discrimination, and emphasize the equality of dignity and value between men and women, as well as equality of opportunities, rights, and responsibilities. The regulations explicitly stipulate that the municipal gender equality promotion agency shall be responsible for organizing and implementing them. Specific institutional staffing matters shall be separately determined by the municipal institutional staffing department.
Implementation status: Before the regulations were implemented, multiple experts called for the early establishment of a Shenzhen gender equality promotion institution to ensure effective implementation, warning that without an institution, the regulations would become a dead letter. Yesterday, a relevant official from the Shenzhen Women's Federation stated that more than two years after the regulations were implemented, the Shenzhen gender equality promotion working institution has still not been established.
Countermeasures: The Shenzhen Women's Federation stated that it has submitted opinions from all parties to the municipal institutional establishment office, and it is awaiting arrangements from that office.
(Southern Metropolis Daily)
