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 defecating outside the toilet bowl, but not a single fine has been issued in over a year since implementation. After yesterday's report by Southern Metropolis Daily, netizens complained and found that Shenzhen has other local regulations that lack enforcement and exist in name only: the old version of the "Shenzhen Special Economic Zone Smoking Control Regulations" has not issued a single fine in 15 years; the "Shenzhen Special Economic Zone Gender Equality Promotion Regulations" has been promulgated for over two years, but the implementing agency has not yet been established; the "Shenzhen Dog Management Regulations" has also been criticized as a dead letter due to enforcement difficulties. Why are some difficult-to-enforce provisions still ultimately introduced? A relevant person from the Shenzhen People's Congress explained that when regulations are submitted to the Standing Committee of the Municipal People's Congress for review, different committee members have different opinions and understandings of the provisions. Sometimes fines are not the goal but more of a warning. The Shenzhen People's Congress stated that it will promote more refined legislation in the future.
(1) The "Shenzhen Public Toilet Management Measures" have never imposed a fine since their implementation a year and a half ago.
A fine of 100 yuan for urinating outside the toilet bowl—who will catch offenders in the act?
Regulation content: The "Shenzhen Public Toilet Management Measures" were enacted and implemented in September 2013, stipulating a 100 yuan fine for defecating or urinating outside the toilet bowl.
Implementation status: As of now, a year and a half after the Measures were issued, not a single fine has been issued, leading to criticism that the regulation has become a dead letter. A head of a street-level law enforcement team in Luohu District stated that they have not penalized any violations of the toilet management measures within their jurisdiction, and when problems are found, they generally urge compliance. "There have been no fines; it's difficult to enforce and hard to gather evidence."
Reason analysis: A relevant official from the Sanitation Department of the Shenzhen Urban Management Bureau said the biggest challenge lies in evidence collection—who will watch in the toilet to catch offenders in the act? "The purpose of this policy is primarily educational and cautionary, emphasizing civilized toilet use by citizens." Grassroots law enforcement personnel noted that public toilets are mostly managed by street-level urban management departments, making penalties unlikely. Street law enforcement teams have too broad a scope and insufficient enforcement resources.
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 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.
Regulation content: The "Shenzhen Dog Management Regulations" were officially implemented in 2006, stipulating that dog owners must pay a management fee of 300 yuan per dog per year; those who fail to register and obtain a certificate face a maximum fine of 700 yuan.
Implementation status: More than eight years after the regulations were implemented, problems such as low registration rates, numerous dog-related complaints, and weak enforcement persist. Currently, millions of dogs in Shenzhen remain unregistered and unpaid. The Shenzhen Urban Management Supervision Detachment stated that due to a lack of enforcement authority, they mainly rely on persuasion. The urban management department has no right to check dog owners' identification or conduct door-to-door seizures of dogs. Even when seizures occur, the disposal of dogs is a major issue. Currently, except for Futian, other districts lack dog shelters. "Even if these seized dogs are temporarily taken away, not only is storage difficult, but we also have to arrange daily feeding. If some valuable dogs get sick or die, the enforcement department has to compensate."
Cause analysis: The regulation faces difficulties in evidence collection and enforcement. The administrative body, the Urban Management Bureau, lacks clear enforcement authority and coercive power, coupled with issues of personnel, staffing, and funding, rendering the regulation ineffective. Shenzhen is one of the few cities in China where the urban management department serves as the administrative body for dog management regulations. "We can only manage dogs, while other cities can manage people," said a relevant official from the Urban Management Supervision Detachment.
Countermeasures: The Shenzhen Urban Management Bureau stated that although the regulation has been included in the "suggested legislative amendments" proposal annually, no specific timeline has been set. In the future, enforcement will be strengthened in three areas. First, management of "one-stop dog certificate processing" will be enhanced with additional verification and exit mechanisms. Second, "special enforcement weeks" will be launched, organizing citywide urban management enforcement departments to collaborate with public security agencies and professionals for patrols during peak dog-walking hours in the afternoon. 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 strictly enforced.
A fine of 50 yuan for smoking in restaurants, yet no fines were issued in 15 years.
Regulation content: The "Shenzhen Special Economic Zone Smoking Control Regulations," passed by the Shenzhen Municipal People's Congress in 1998, was the first local smoking control regulation in the country. It stipulated that smoking is prohibited in indoor workplaces, indoor public places, public transport, and outdoor areas such as schools, parks, and medical institutions, with fines ranging from 50 to 500 yuan for violations.
Implementation status: Since its implementation, not a single fine was issued in 15 years.
Reason analysis: Why did the law become a "paper tiger"? Previously, relevant authorities explained it as "insufficient manpower." The regulation designated the health administrative department as the enforcement body, and the only entity within the health system with enforcement power was the Municipal Health Supervision Institute, which had only a few dozen staff. In the drafting explanation for the revised regulation, the Shenzhen Municipal Legal Affairs Office believed that the overly lenient legal liability was a key reason for poor enforcement effectiveness.
Yesterday, an insider from the Shenzhen Municipal Health and Family Planning Commission also told Southern Metropolis Daily that the fundamental reason for the poor effectiveness of the old smoking control regulation was that it designated a single department for supervision during legislation, leading to insufficient enforcement power and limited deterrence. If enforcement is poor, the enacted law is likely to become a "dead letter."
Countermeasures: Since March 1, 2014, the revised smoking control regulations have been officially implemented. The new regulations grant law enforcement powers to 12 government agencies, including public security, urban management, and health bureaus, requiring each department to penalize illegal smoking within their respective areas of responsibility, and courts need to normalize law enforcement. One year after implementation, 8,856 individual fines have been issued, totaling over 440,000 yuan.
(4) Two years after the implementation of the "Shenzhen Special Economic Zone Gender Equality Promotion Regulations," the relevant institutions have yet to be established.
Gender equality is beautiful, but the institution remains unestablished.
Regulation content: The "Shenzhen Special Economic Zone Gender Equality Promotion Regulations" came into effect on January 1, 2013, making it the first local regulation on gender equality in mainland China. The regulations legally clarify the meaning of gender equality, clearly define gender discrimination, and emphasize equality in dignity and value, as well as equality in opportunities, rights, and responsibilities between men and women. The regulations explicitly state that the municipal gender equality promotion working institution is responsible for implementation. Specific institutional arrangements are to be determined separately by the municipal institutional establishment 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)
