·The draft amendment to the legislative law will introduce a large wave of restrictions or strikes

On the afternoon of December 29, the Shenzhen government suddenly held a press conference to announce the implementation of the car's incremental control management from 12:00 on the same day. From the holding of the press conference to the formal purchase restriction, only 20 minutes in the middle, it is the most restrictive purchase in history.
At the same time as the car purchase restriction policy was announced, the police, industry and commerce and other law enforcement agencies quickly entered the 4S stores, demanding to stop receiving customers, blocking POS machines and tax control machines, and no longer allowing sales and invoicing.
This was dubbed by the media as another "Shenzhen speed" after 36 years of reform and opening up in Shenzhen. Naturally, many signals were released behind it.
Open Shenzhen: Or the policy of moving toward the north and the north as the earliest reform and opening-up cities in China. In the process, Shenzhen has formed a policy style that is different from other cities. In a nutshell, the difference is that it is more open and tolerant.
Sun Jiuwen, director of the Institute of Regional and Urban Economics of Renmin University of China, once summed up the experience of Shenzhen policy implementation into eight words: reform and opening up, and first try. In the follow-up process of reform and opening up, China's introduction of foreign capital, land auctions, and reform of government management methods were all implemented by Shenzhen in the country, which provided a reference for reforms in various parts of the country.
That is, at this stage, there are still many examples of Shenzhen policy opening. For example, with the slogan “Come, Shenzhen people”, Shenzhen has implemented a point-based household registration system for migrant workers since 2010, and has continuously deepened the reform of household registration policy; for example, this year began piloting Hong Kong and Macau passports in Guangzhou. The Shenzhen Port took the lead in piloting the “passport card” for self-service clearance.
But this assault purchase restriction may be an important sign of Shenzhen's change.
It is worth noting that on December 20th, before the promulgation of the automobile purchase restriction policy in Shenzhen, the first Beishang Guangshen Urban Transport Annual Conference was held in Shenzhen. Representatives from four traffic management departments, experts and scholars attended the conference to explore the sustainable development of urban transportation. the road. It was just after this meeting that Shenzhen quickly introduced a purchase restriction policy.
Perhaps, at this meeting, Shenzhen has reached more agreement with Beishangguang on urban transport development planning, at least, from the current facts. Taking this as an opportunity, it is worth noting whether other Shenzhen policies will also move closer to the north.
The above speculation or speculation is suspected, but today, with emphasis on democracy and the rule of law, a city that has always been open to the symbol, after repeated denials, issued a purchase restriction policy only 20 minutes in advance, and dispatched "big forces" such as anti-terrorism. Controlling the purchase of a car is inevitable.
Why does the Shenzhen government say anything?
Shenzhen “no limit, no limit, no license”, this is a promise that the Shenzhen Municipal Government has made publicly and repeatedly.
The rhetoric language is still in the ear, but it can’t stop the fierceness of the “surprise” purchase order. It can't help but make people puzzled. If it is not "premeditated" for a long time, then what is the reason for the Shenzhen government to swear?
There is a saying that the incident may be related to the draft amendment to the legislative law at the just-concluded NPC Standing Committee meeting. The draft amendment stipulates that there is no law, administrative regulations or local regulations as the basis, and local government regulations may not set norms that derogate the rights of citizens, legal persons and other organizations or increase their obligations. This means that if the draft is implemented, restrictive administrative means such as restriction, purchase restriction, and loan restriction, it will no longer be "willful".
Therefore, for the Shenzhen Municipal Government, the point in time has become particularly important. If it is not limited to purchase at this time, after the amendment of the legislative law is formally passed and implemented, it is just within the limits of the legislative law. The Shenzhen government will inevitably make it more difficult to formulate the implementation.
However, from the second trial of the draft amendment to the legislative law to the introduction of the Shenzhen purchase restriction, the time between them is extremely short. Therefore, it can be inferred that the relevant departments of Shenzhen should have prepared for the purchase restriction. The difference between the second review draft and the previous review draft may be urging the Shenzhen purchase limit. In the first review, the authorization legislation is generally not more than five years, and the departmental regulations may not create a standard that limits the rights of citizens. The second review draft stipulates that there is no law, administrative regulations, or local legal basis, and local government regulations may not set derogation of citizens. , legal persons and other organizations' rights or regulations that increase their obligations.
The draft amendment to the legislative law clearly spells out the procedural justice of local regulations and legislation, and draws a line for the power of local governments to avoid excessive power and abuse of power. In the past, the local government’s red-headed documents were restricted to purchases. There were both doubts about the superior law and procedural justice. Insufficient legal basis, even if it can alleviate congestion, it also involves the derogation of civil rights, and pragmatism should not replace administration according to law.
From another point of view, another provision in the draft amendment to the legislative law may have an impact on the “five-year validity period” of the Shenzhen purchase restriction. The draft stipulates that if the implementation of the regulations requires the implementation of the administrative measures stipulated in the regulations for two years, it shall be submitted to the people's congress at its own level or its standing committee to formulate local regulations. That is to say, when local regulations or red-headed documents are implemented for more than two years, if they want to continue to implement, they must be upgraded to local regulations through the legislative procedures of the people's congress at the same level, and the local regulations that clearly contradict the superior law must be amended in time. Or abolished.
Shenzhen may grasp the "wind direction" to throw out the purchase restriction in advance, and tentatively set the validity period to five years, but if the new legislation law can be implemented, then the Shenzhen purchase restriction will face the rule of law in the future.
After the purchase restriction, how far the single and double limit lines will limit the abuse of local power will not support the restriction of purchase restrictions. If we boldly but reasonably speculate, before the introduction of the legislative law, it is very likely that many cities will follow the restrictions on purchase, and mature rice will be cooked early. At the same time, the single and double number limit may not be far off.
Before the surprise attack in Shenzhen took away everyone's attention, another discussion on vehicles on the road focused on the possibility of normalization of Beijing's single and double numbers. Beijing currently implements the tail number rotation limit mode, which is one day per vehicle per week, but after APEC Blue, the discussion of “single and double number limit normalization” is becoming more and more intensive.
Also at the just-concluded NPC Standing Committee meeting, the revised draft air pollution prevention law was also reviewed. Article 45 of the draft is about the provision of local authorization to restrict the passage of motor vehicles. This authorization clause may become the legal basis for the “normalization of motor vehicle single and double numbers”. Article 45 stipulates that “the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of air pollution prevention and control in this administrative region and the situation of motor vehicle emission pollution, may stipulate restrictions on the types of motor vehicles, emission control areas and time, and publicize to the public. ".
At the time of deliberation, many members considered this clause to be an improper authorization clause and should be deleted. Some members suggested that even if the clause was retained, the corresponding qualifications must be added and compensation measures should be specified. The draft is still under review. Whether the final clause is reserved, modified, or deleted is not known at present, but from the current point of view, the possibility of normalization of single and double numbers is greater than expected.
Moreover, subject to the restrictions on the power of local governments in the draft amendment to the legislative law, Beijing and other cities that restrict purchases do not rule out the opportunity to implement the new restriction policy as soon as possible before the formal bill is introduced. Shenzhen's purchase restriction policy also stipulates “outside limits.” Passenger cars that are not issued by the city during the morning and evening peak hours will be restricted.
At present, among the seven restricted cities, Beijing, Tianjin, Hangzhou, and Guiyang have implemented the tail number limit. If the Beijing single and double number limit is finally normalized, other cities will have the basis for following the trend.

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