Since the promulgation and implementation of the Meteorological Law, Henan Meteorological Bureau has always regarded strengthening legislation as an important task to implement the Meteorological Law and change the development mode of meteorological undertakings. Up to now, the provincial people’s congress has promulgated three local regulations and the provincial government has promulgated four government regulations. The meteorological cause in our province has basically formed a good situation with laws to follow, which has effectively promoted the development of meteorological cause.
I. Legislation during the Eleventh Five-Year Plan period
During the "Eleventh Five-Year Plan" period, Henan Meteorological Bureau actively promoted local meteorological legislation, further improved the local meteorological laws and regulations system, and continuously improved the quality of legislation. On March 26th, 2009, the Eighth Meeting of the Standing Committee of the 11th People’s Congress of Henan Province deliberated and passed the Regulations on Meteorological Disaster Prevention in Henan Province, which came into effect on July 1st. The meteorological disaster prevention in Henan Province has entered a new stage from administrative management to legal management, and the regulations have been highly praised by the main leaders of China Meteorological Bureau. In December 2009, the provincial government revised and improved the Measures for the Issuance and Dissemination of Meteorological Disaster Early Warning Signals in Henan Province (Decree No.128 of the People’s Government of Henan Province), which further standardized the dissemination of meteorological disaster early warning information. In January 2012, Decree No.145 of the People’s Government of Henan Province promulgated and implemented the Measures for Environmental Protection of Meteorological Facilities and Meteorological Detection in Henan Province. In the past five years, the provincial government has successively issued Opinions on Accelerating the Development of Meteorological Undertakings (Yu Zheng [2006] No.61), Opinions on Strengthening the Prevention of Meteorological Disasters (Yu Zheng [2007] No.74), Opinions on Strengthening the Construction of Meteorological Service System for Agriculture (Yu Zheng Ban [2010] No.106), and Opinions on Printing and Distributing Henan Province.
In addition, the Henan Provincial Bureau has also issued a series of supporting normative documents. Issued the Measures for the Administration of Subject Qualification of Meteorological Administrative Law Enforcement in Henan Province, the Measures for the Administration of Meteorological Administrative Law Enforcement Personnel in Henan Province, the Measures for the Evaluation of Meteorological Administrative Law Enforcement Files in Henan Province, the Measures for the Statistical Report of Meteorological Administrative Law Enforcement Filing in Henan Province, the Measures for the Guarantee of Meteorological Administrative Law Enforcement Funds in Henan Province, the Measures for the Evaluation and Assessment of Meteorological Administrative Law Enforcement in Henan Province, the Measures for the Investigation of Fault Responsibility of Meteorological Administrative Law Enforcement in Henan Province, and the Standards for Meteorological Administrative Law Enforcement in Henan Province. The detailed rules for the implementation of the release and dissemination of meteorological disaster warning signals in Henan Province, the measures for the release of meteorological disaster warning in Henan Province (for Trial Implementation), the measures for the record management of lightning protection engineering design and construction by enterprises outside Henan Province, the measures for the record management of lightning protection products in Henan Province and other normative documents, and passed the record review by the provincial government.
Second, the main experience of legislation
(1) Raising awareness is the prerequisite. Improving ideological understanding is an important prerequisite for doing a good job in local meteorological legislation. Although the promulgation and implementation of Meteorological Law provides a legal basis for the rapid and scientific development of China’s meteorological cause, it is a programmatic law to regulate the development of meteorological cause after all. Because the situation in different parts of the country is different, the development of meteorological cause is uneven and uncoordinated, and the priorities of the contents that need to be standardized are different, it is necessary to formulate a feasible legal system with local characteristics in combination with local conditions. Over the years, the People’s Congress of Henan Province, the provincial government and the Provincial Meteorological Bureau have attached great importance to local meteorological legislation, and fully realized that accelerating local meteorological legislation plays an important role in promoting the scientific development of meteorological administration and meteorological undertakings in our province, developing according to law, and fully fulfilling the functions of meteorological social management and public service.
(2) Strengthening leadership is the key. Every time a local law or regulation is promulgated, from project declaration to legislative drafting, there are many things to be coordinated, and there are many research contents, procedures and long periods. All aspects need the leadership of the provincial bureau to organize and coordinate. The leaders of Henan Provincial Bureau attach great importance to the legislative work, and the main leaders and leaders in charge of the Provincial Bureau have repeatedly visited the provincial people’s congress and the provincial government to actively communicate and strive for it. After the legislative project is determined, the provincial bureau lists special funds to ensure the necessary expenditure. During the "Eleventh Five-Year Plan" period, the Provincial Bureau listed a total of 300,000 yuan of special funds as legislative funds. The drafting of laws and regulations is an arduous task. The leaders of the provincial bureau timely coordinate the relevant functional offices, draw out high-quality talents who know the major, and form a strong drafting team to ensure sufficient time and concentrate on writing the draft. Every time the draft demonstration meeting, the main leaders and leaders in charge of the provincial bureau personally participated. For example, during the demonstration of the draft Measures for Environmental Protection of Meteorological Facilities and Meteorological Detection in Henan Province, the main leaders of the Provincial Bureau participated in the demonstration meeting twice.
(3) Choosing the right project is the foundation. Henan is a big province of agriculture, population and tourism. It is not only a province rich in climate resources, but also a province with frequent meteorological disasters and serious meteorological disasters. In 2008, Henan suffered from freezing rain and snow, and in 2009, it suffered from drought in autumn, winter and spring. With the aim of serving the overall situation of Henan’s social and economic development and disaster prevention and reduction, Henan Meteorological Bureau took the initiative, conducted in-depth research and fully demonstrated, and timely strived for the Provincial People’s Congress and the provincial government to list the Regulations on the Prevention of Meteorological Disasters in Henan Province and the Measures for the Release and Dissemination of Early Warning Signals of Meteorological Disasters in Henan Province as legislative items.
(D) Enhancing practicality is the goal. As the "basic law" to regulate the development of meteorological undertakings, the provisions of Meteorological Law are macro and general, which requires local legislation to be as detailed as possible, and to enhance practicality as the legislative purpose, so that local legislation has strong pertinence and operability. For example, although both the Meteorological Law and the Meteorological Regulations of Henan Province set up a chapter to regulate "meteorological disaster prevention", there are no provisions on meteorological disaster prevention plans, emergency plans and the formulation of defensive measures. Therefore, when formulating the Regulations on Meteorological Disaster Prevention in Henan Province, the first article clearly stipulates that the legislative purpose of the regulations on meteorological disaster prevention is to strengthen the prevention of meteorological disasters. In order to achieve this legislative purpose, the regulations always adhere to this legislative purpose in all chapters, striving to achieve detailed content, sound working mechanism, clear responsibilities of the government and relevant departments, and strong defensive measures. On the basis of the frequent occurrence of meteorological disasters such as drought and rainstorm in Henan, the legislation focuses on establishing and improving three mechanisms of prevention, early warning and disaster reduction, which enhances the pertinence and operability of the regulations.
(5) Strengthening communication is an important link. In the process of reporting and drafting legislative projects, Henan Meteorological Bureau actively strengthened communication with the Legislative Affairs Office of the provincial people’s congress and the provincial government, asking for more instructions, reporting more and publicizing more, so that they fully understood the necessity and urgency of each piece of legislation. I have accompanied the relevant leaders of the provincial people’s congress and the provincial government and the specific responsible personnel of legislation to the brother provinces with advanced legislative work for investigation and investigation, and actively strive for their understanding and support. Every local legislative project involves the conflict between some important departments and sensitive issues. Therefore, our bureau analyzes the possible obstacles in the legislative process of each regulation in advance, and communicates with the departments that may raise objections in time to ensure the smooth passage of the draft for comment.
(six) to play the role of functional departments is the guarantee. Local meteorological legislation is an overall work, involving all aspects of meteorological work, which cannot be completed by the policy and regulation departments alone. From the declaration of legislative items to the drafting and revision of texts, relevant functional departments need to support each other, coordinate with each other, cooperate with each other and complete together. Only by giving full play to the synergy of relevant functional departments and forming joint forces can we ensure the smooth progress of meteorological legislation and the high quality of legislative results. As the lead department of legislation, the Law Department will encounter various problems in its work, especially the time conflict with the daily work arrangement. While arranging all the work reasonably, the Law Department always takes the legislative work as the top priority, giving priority to the arrangement and deployment, so as to ensure the smooth and successful completion of the legislative work.
Third, the "Twelfth Five-Year" legislative plan
(1) Legislative thinking. Under the guidance of Scientific Outlook on Development, adhere to the general plan of governing the country according to law, adapt to the requirements of the construction of meteorological rule of law and the transformation of meteorological development mode, actively contact and communicate with the provincial people’s congress and the functional departments of the provincial government according to the legislative project plan of China Meteorological Bureau from 2011 to 2020, and reserve new local legislative projects. According to the requirements of "priority and urgency", determine the legislative projects, make them mature, introduce them and gradually put them in place. Attach great importance to the quality of legislation and enhance the pertinence and operability of the content. Try to speed up the legislative progress, improve the legislative system, and ensure and promote the sound and rapid development of meteorological undertakings in our province.
(2) Project planning. Henan is a province with large climate resources and severe meteorological disasters. During the Twelfth Five-Year Plan period, we should actively strive for and do a good job in the legislation of local laws and regulations such as Regulations on the Development, Utilization and Protection of Climate Resources in Henan Province, Regulations on the Management of Meteorological Services in Henan Province and Regulations on the Prevention of Lightning Disasters in Henan Province. The Regulations on the Development, Utilization and Protection of Climate Resources in Henan Province mainly regulates the development, utilization and protection of climate resources in our province, broadens the utilization field of climate resources, improves the utilization rate of climate resources, enhances the awareness of climate resources of the whole people, promotes the protection of climate resources, prevents the destruction of climate resources by human activities, and realizes the coordinated development of climate resources, society and economy; The Regulations on Meteorological Services in Henan Province is mainly to further strengthen, standardize and develop meteorological services, accurately locate the nature of different types of meteorological services, straighten out various social relations formed in meteorological services, continuously improve the efficiency of meteorological services, and provide accurate, timely, high-quality and efficient meteorological services for economic and social development; The Regulations on Lightning Disaster Prevention in Henan Province aims at strengthening lightning protection management, avoiding and mitigating lightning disasters, safeguarding people’s lives and property safety and promoting sustainable economic and social development.
Strive to issue government regulations such as "Henan Province Climate Feasibility Demonstration Measures" and "Henan Province Lightning Disaster Risk Assessment Measures" as soon as possible. As soon as possible, the Provincial Bureau has formulated normative documents such as Measures for the Management of Lightning Disaster Risk Assessment Qualification in Henan Province, Measures for the Management of Lightning Protection Products Filing in Henan Province (Revised), Measures for the Management of Lightning Protection Device Detection and Measures for the Management of Meteorological Data in Henan Province.
Iv. legislative suggestions
(1) Improve the legislative level. After more than ten years of practice, China’s meteorological legislation system has basically taken shape, which has played an active role in safeguarding and promoting the development of meteorological undertakings. However, there is still a certain gap with the requirements of economic and social development, meteorological disaster prevention and mitigation, and response to climate change for meteorological legislation. The existing meteorological laws and regulations are not high enough, mostly below administrative regulations, and the legal authority is not enough. It is suggested that administrative regulations should be upgraded to laws and the legislative level should be improved.
(2) Strengthening legislation on public meteorological services. Public meteorological service is an important part of building a service-oriented department. With the continuous strengthening of public service functions and the promotion of equalization of basic public services in urban and rural areas, the demand of urban and rural people for diversified and high-quality meteorological services is increasingly urgent, and it is required to continuously improve the public service system and actively innovate public service methods to provide more and better public services for the public. In order to standardize management and ensure the orderly development of public meteorological services according to law, it is suggested to further strengthen the legislation on public meteorological services.
(Editor: Sun Wei)
关于作者