The No. 4 Order signed by Jiang Weixin, Minister of Housing and Urban-Rural Development of the People's Republic of China, “Regulations on Urban Lighting Management†(hereinafter referred to as the “Regulationsâ€) was promulgated on May 27, 2010 and will be implemented from July 1, 2010. This is China's first regulatory document on urban lighting management. It is a major event that has been long-awaited by urban lighting authorities and related staff at all levels and in the urban lighting industry. It is an important milestone in the legalization of urban lighting management in China.
1. Development of legalization construction of urban lighting management
Since the reform and opening up, with the development of China's economic construction and the acceleration of urbanization, urban lighting has achieved rapid development, playing a positive role in improving urban functions, improving the urban environment, and improving people's living standards. Since the early 1990s, the legalization of urban lighting management in China has gradually been put on the agenda. In November 1992, the Ministry of Construction promulgated the “Regulations on the Management of Urban Road Lighting Facilities†in the form of Decree No. 21 as the legal basis for the management of urban road lighting facilities in China. In the mid-1990s, some cities that started the construction of night lighting in the early 1990s. Some documents and regulations such as "Neon Light Construction Management Regulations" and "Lighting Construction Management Measures" have been promulgated. After the end of the 1990s, with the development of urban lighting management practices, municipalities, provincial capitals and large and medium-sized cities began to pay more attention to cities. In the legal construction of lighting management, the regulations and regulations for urban lighting management were issued in different forms to regulate urban lighting management.
In the 21st century, the State Council and the Ministry of Construction have successively issued a series of documents, which have further set clear requirements for the legalization of urban lighting management. The "Decision of the State Council on Strengthening Energy Conservation Work" (Guo Fa [2006] No. 28) emphasizes the importance of energy conservation and emission reduction work. Green lighting is listed as one of China's top ten key energy conservation projects, requiring relevant laws and regulations to be improved. The standard system; the Ministry of Construction's "Opinions on Strengthening Urban Lighting Management to Promote Energy Conservation Work" (Ministry of Construction, National Development and Reform Commission [2004] No. 204) clearly requires "establishing and perfecting urban lighting regulations and standards system" and planning urban lighting according to law. , construction and management; "The Eleventh Five-Year Plan for Urban Green Lighting Projects" (Jianchang City [2006] No. 48) is the first to focus on "strengthening the legal system and rationalizing the management system" As the first item of the six safeguard measures, the "sound regulation and standard system and perfect management mechanism". These documents and regulations have played a positive role in the construction of urban lighting at that time. However, due to the limitations of the conditions at the time, there are still some problems: First, from the perspective of legal effectiveness, the original documents are mostly normative documents, not Regulations or regulations have lower legal effects; 2. With the development of China's legalization construction, a few original regulations have not met the requirements of existing laws and regulations, especially the State Administrative Licensing Law and the Administrative Punishment Law. After the promulgation of the upper-level law, some contents of the original regulations are inconsistent with it; third, the original documents are not comprehensive, and only contain unilateral content of functional lighting or landscape lighting, which does not meet the requirements of current urban lighting management; With the continuous development of new technologies, new materials, new processes and new products in urban lighting, the state has paid more and more attention to the requirements of energy saving, emission reduction and green lighting. However, this paper rarely reflects or reflects this, and does not meet the needs of modern management. The rapid development of information society science and technology is very necessary to revise and improve. In response, some cities have introduced and implemented new regulations, regulations or systems for urban lighting management. For example, the Jiangsu Provincial Construction Department issued relevant implementation documents, and Nanjing, Wuxi, Xuzhou, Suzhou and other cities have cleaned, revised or re-established and revised the original urban lighting management regulations and normative documents, and promoted the urban lighting management legal system. The process of construction.
In May 2010, the “Regulations on Urban Lighting Management†(hereinafter referred to as the “Regulationsâ€) came into being. The issuance and implementation of the "Regulations" indicates that the development of urban lighting in China will enter a scientific and legalized track. The planning, construction, maintenance and supervision of urban lighting will have laws to follow and develop healthily.
2. The Necessity of Legalization Construction of Urban Lighting Management
2.1 The concept of urban lighting management
Urban lighting refers to functional lighting or landscape lighting of urban roads, tunnels, plazas, residential areas, parks, public green spaces, historical sites, and other buildings (structures) in urban planning areas.
From the definition of urban lighting, the scope of urban lighting management will no longer be limited to the management of road lighting or road lighting facilities, but the management of urban lighting work in all aspects, including ensuring people's travel and outdoor. Functional lighting for the purpose of event safety, including landscape lighting for decorative and landscaping purposes.
Urban lighting management refers to the use of legal, standardized and scientific means to organize, inspect, supervise, coordinate and control the whole process of urban lighting (including functional lighting and landscape lighting) overall planning, construction, maintenance and supervision. The activities of comprehensive management are an important part of the city's important infrastructure construction and urban management work, an important part of building socialist material civilization and spiritual civilization, and an inevitable requirement of socialist political and economic development.
2.2 The significance of urban lighting management
Urban lighting has many functional benefits. Strengthening urban lighting management can not only enhance the image of modern cities, promote energy conservation and environmental protection, improve the living environment, but also improve the investment environment, promote the development of related industries, improve people's quality of life, and even in the city's transportation, public security, etc. The aspects bring relevant benefits, so they have far-reaching social impact and important political and economic significance.
2.2.1 Accelerate the construction of urban facilities and improve the level of urban civilization
Strengthening urban lighting management can reshape the night image of modern cities, accelerate urban infrastructure construction, improve urban appearance, and improve the city's cultural taste and civilization.
2.2.2 Promote energy conservation and optimize the living environment of citizens
Urban lighting management is directly related to saving energy, protecting the environment, and affecting the lives of the people. Strengthening urban lighting management and promoting green lighting is of great significance for saving energy, protecting ecology, improving urban lighting quality, and improving urban living environment.
2.2.3 Strengthen urban lighting management and drive the development of related industries
Strengthening urban lighting management can improve the city's investment environment, enhance the city's image, activate and prosper the city's economic and cultural activities, inject vitality into the city's economic development, and drive related industries, culture, and economics such as business, tourism, culture, catering, advertising, and lighting. The development of the city will accelerate the pace of urbanization and development.
Urban lighting management is the function of the government. It is the people-oriented and the need to safeguard the public interest. It is the guarantee to give full play to the benefits of urban lighting functions. Its positive role is obvious.
2.3 The Necessity of Legalization Construction of Urban Lighting Management
2.3.1 is the requirement to implement national policies
A series of related documents issued by the State and the Ministry of Construction pointed out the importance and necessity of the legalization of urban lighting management and put forward clear requirements. Strengthening the legal construction of urban lighting management and introducing urban lighting management regulations or regulations are necessary for implementing the requirements of national policy documents and strengthening urban lighting management.
2.3.2 is the need to perform job duties
For a long time, for the urban lighting authorities in China, there are some urgent problems to be solved in the legal construction of urban lighting management.
First, urban lighting regulations or regulations are not perfect. Due to the early introduction of the “Regulations on the Management of Urban Road Lighting Facilities†by the Ministry of Construction, it does not include the content of landscape lighting management. Urban lighting planning, construction and management activities in many cities have no basis for regulations and regulations, and it is difficult for urban lighting authorities and regulatory agencies to carry out their work.
Second, the urban lighting management system is not uniform. From the point of view of the competent authorities, the lighting work of cities in different cities belongs to the heads of different departments such as municipal administration, planning, construction, city appearance, and electric power; from the perspective of institutional preparation, there are administrative preparations and business establishments; For the full financial allocation, differential appropriation and self-supporting institutions; from the perspective of management mechanism, some are macro-management, two-level government is implemented hierarchically, and some are directly managed and implemented uniformly. Different management agencies have different supervisory departments, and it is difficult to coordinate in the work.
Third, the responsibility for urban lighting management is not clear enough. In some cities, urban lighting management has the phenomenon that institutions have no corresponding functions and no functions are performed. Some city lighting authorities do not have the basis for corresponding regulations and regulations to perform their functions. Some departments with law enforcement management functions basically do not carry out urban lighting management work because there is no corresponding professional management organization and management technicians. Form management "vacuum" and "fault".
In addition, the market supervision system is not sound enough. For urban lighting systems involving all aspects of planning, construction and management, there is no sound, complete, unified and systematic supervision system. From the current operation mode of urban lighting (especially landscape lighting), planning It is not uncommon for design, construction and management to be disconnected from each other.
The issuance and implementation of the Regulations will provide a strong regulatory basis for solving the above problems.