全国人民代表大会常务委员会工作报告
Report on the Work of the Standing Committee of the National People’s Congress
——2016年3月9日在第十二届全国人民代表大会第四次会议上
– Delivered at the Fourth Session of the Twelfth National People’s Congress on March 9, 2016
全国人民代表大会常务委员会委员长 张德江
Zhang Dejiang, Chairman of the Standing Committee of the National People’s Congress
各位代表:
Fellow Deputies,
现在,我受全国人大常委会委托,向大会报告工作,请予审议。
On behalf of the Standing Committee of the National People’s Congress (NPC), I now present to you this report on the work of the Standing Committee for your deliberation.
过去一年的主要工作
Major Initiatives of the Past Year
过去一年,在以习近平同志为总书记的党中央坚强领导下,全国人大常委会全面贯彻党的十八大和十八届三中、四中、五中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神,坚持党的领导、人民当家作主、依法治国有机统一,按照“四个全面”战略布局的要求,紧紧围绕党和国家工作大局依法行使职权、积极开展工作。一年来,常委会制定5部法律,修改37部法律和1个有关法律问题的决定,决定提请全国人民代表大会审议的法律案1件,通过8个有关法律问题的决定;检查6部法律实施情况,听取审议国务院、最高人民法院、最高人民检察院17个工作报告,开展3次专题询问和3项专题调研,通过2个决议;审议通过专门委员会关于代表议案审议结果的报告8个、代表资格审查委员会关于个别代表的代表资格的报告6个,决定批准我国与外国缔结的条约、协定以及加入的国际公约11件,决定和批准任免一批国家机关工作人员等。十二届全国人大三次会议确定的常委会各项任务已经完成,常委会各方面工作都取得了新进展、新成效。
In the past year, under the firm leadership of the Central Committee of the Communist Party of China (CPC) headed by General Secretary Xi Jinping, the NPC Standing Committee comprehensively implemented the guiding principles of the 18th National Party Congress and the third, fourth, and fifth plenary sessions of the 18th CPC Central Committee; followed the guidance of Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development; and fully grasped and put into practice the guiding principles from General Secretary Xi Jinping’s major policy addresses.Remaining committed to integrating leadership by the Party, the position of the people as masters of the country, and the law-based governance of the country, and acting in accordance with the Four-Pronged Comprehensive Strategy, we maintained a tight focus on the overall work of the Party and country as we performed our functions and powers and carried out our work in accordance with the law.Over the past year, the Standing Committee enacted five laws, revised 37 laws and one decision on legal issues, resolved to present the draft of the Charity Law to this session of the NPC for deliberation and approval, and passed eight decisions on legal issues. We inspected compliance with six laws; heard and deliberated 17 work reports from the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate; conducted three inquiries and three research projects; and passed two resolutions. We deliberated and approved eight reports from the NPC’s special committees regarding their examination of deputies’ proposals, as well as six reports from the Credentials Committee pertaining to its review of certain deputies’ qualifications. We ratified 11 treaties and agreements with foreign countries or international conventions that China had concluded, and made decisions on or approved the appointment or removal of a number of officials of state bodies. Making progress and achievements in all aspects of our work, we have accomplished all the tasks set forth at the Third Session of the 12th NPC in 2015.
中国共产党的领导是中国特色社会主义最本质的特征,是中国特色社会主义制度的最大优势。常委会始终把坚持党的领导贯彻于人大工作的各方面、全过程,坚持党中央的集中统一领导,自觉在思想上政治上行动上同以习近平同志为总书记的党中央保持高度一致;始终坚持正确政治方向,统筹安排和推进人大立法、监督、决定、任免、代表、对外交往、新闻宣传以及理论研究、联系指导地方人大等各项工作和活动,保证党的路线方针政策和决策部署在国家工作中得到全面贯彻和有效执行,保证党通过国家政权机关实施对国家和社会的领导。
Leadership by the Party is the essential feature of socialism with Chinese characteristics, as well as its greatest strength. We have incorporated the leadership of the Party into every process and aspect of the NPC’s work, upheld the centralized, unified leadership of the CPC Central Committee, and ensured that our thinking, actions, and politics all maintain a high degree of unity with the Central Committee headed by General Secretary Xi Jinping. In coordinating the NPC’s initiatives and activities concerning legislation, oversight, decision making, personnel appointments and dismissals, deputies, foreign relations, information and publicity, theoretical research, and contact with and guidance over local people’s congresses, we have maintained the right political direction and worked to ensure that the Party’s line, principles, policies, decisions, and plans are fully and effectively implemented in the work of the state, and that the Party can exercise leadership over the state and society through the organs of political power.
一、重点领域立法迈出新步伐
1. We made new strides in key areas of legislation.
法律是治国之重器,良法是善治之前提。常委会抓住提高立法质量这个关键,着力推进重点领域立法,立法工作呈现出数量多、分量重、节奏快的特点,取得了一批新的重要成果,支持和推动了改革发展稳定。
The law is of great value in the governance of a country, and good laws are a prerequisite for good governance. Focusing on the key task of raising the quality of legislation, we channeled great effort into advancing legislation in key areas. Large in number, considerable in weight, and rapid in pace, our initiatives in legislation led to a number of important achievements that have supported and promoted the country’s reform and development and ensured its stability.
(一)加强国家安全领域相关立法。国家安全法是国家安全领域的综合性、全局性、基础性法律,在构建国家安全法律制度体系中起着统领作用。常委会贯彻党中央关于加快国家安全法治建设的总体部署,把制定国家安全法摆在突出位置,经过三次审议通过了国家安全法。这部重要法律,坚持总体国家安全观,从中国国情和实际出发,科学界定国家安全的内涵,明确规定了国家安全工作的指导思想、领导体制、基本原则、主要任务和保障措施等,为加快构建国家安全体系、走中国特色国家安全道路夯实了法律基础。
1) Legislation on national security was enhanced.The National Security Law represents a comprehensive, overarching, and fundamental law in the field of national security, playing a central role in the establishment of a system of national security laws. Acting in line with the Party Central Committee’s overall plan for accelerating the development of rule of law in China’s national security efforts, the Standing Committee gave high priority to the enactment of a national security law which was passed after three deliberations. As an important piece of legislation, the National Security Law embodies an integrative approach to national security, and defines national security in the context of China’s conditions and realities. It sets out express provisions regarding the guiding notions, leadership system, basic principles, major tasks, and safeguard measures of China’s security initiatives, thus laying a solid legal foundation for accelerating the establishment of a national security system and taking a distinctly Chinese approach to national security.
反恐怖斗争事关国家安全、事关人民切身利益、事关改革发展稳定全局,在当前国际国内反恐怖形势严峻复杂的背景下,加强反恐怖主义工作尤为重要。常委会于2015年12月通过反恐怖主义法,确定了我国反恐怖主义工作的基本原则,健全了工作体制机制,强化了安全防范、应对处置、国际合作和保障措施。在常委会通过的刑法修正案(九)中,将五种恐怖相关活动列入刑事追责范围,加大了对恐怖主义、极端主义犯罪的惩治力度。完善反恐怖主义相关法律,对于依法防范和惩治恐怖活动,维护国家安全、公共安全和人民生命财产安全,具有重要意义。
The fight against terrorism has an important bearing on China’s national security, on the people’s immediate interests, and on the country’s reform, development, and stability. In the face of a grave and complex situation in the fight against terrorism both at home and abroad, it is of crucial importance that China intensifies its anti-terrorism initiatives. With this in mind, the Standing Committee adopted the Anti-Terrorism Law in December 2015, through which we have defined the basic principles of China’s anti-terrorism initiatives, improved working systems and mechanisms in this regard, and stepped up anti-terrorism efforts with regard to preventive safety measures, emergency response, international cooperation, and supporting measures. Meanwhile, Amendment IX to the Criminal Law, passed by the Standing Committee, imposed criminal sanctions against five types of terrorism-related activities and introduced harsher punishments for crimes involving terrorism and extremism. The improvements to our counter-terrorism laws will be of great importance for preventing and punishing terrorist activities according to law, for safeguarding national and public security, and for protecting people’s lives and property.
(二)推进民生领域立法。坚持以民为本、立法为民是做好新形势下立法工作必须遵循的重要原则。针对社会反映强烈的雾霾频发、污染严重等大气环境问题,常委会在持续加强监督工作的同时积极推进相关法律的修改完善工作,对大气污染防治法作出全面修订。这次修订,从强化政府、企业、社会防治责任,完善大气污染防治标准、污染排放总量控制和排污许可制度,加大燃煤、工业、机动车船、扬尘、农业等领域污染防治力度,健全重点区域联防联控、重污染天气应对机制等方面,对这部法律作了重要修改完善,条文由原来的66条增加至129条,使法律的针对性、可操作性和可执行性明显增强。
2) Legislation pertaining to people’s wellbeing was pushed forward.Putting the people first in legislation and making legislation for them is an important principle that we must uphold in our legislative work under present circumstances. In response to strong public complaints about serious air pollution such as the frequent occurrence of smog, the Standing Committee worked energetically to revise and improve relevant laws while continuing to strengthen oversight. In particular, we made comprehensive revisions to the Air Pollution Prevention and Control Law in an effort to make the law significantly more targeted, practicable, and enforceable. Increasing the number of articles from 66 to 129, we made significant modifications and improvements to the law with a view to strengthening the obligations of the government, enterprises, and individual members of society in the prevention and control of air pollution. By upgrading prevention and control standards, tightening total emissions control, and improving the emissions permit system, the revised law enhanced the prevention and control of pollution from coal burning, industry, vehicle and vessel exhaust emissions, wind-borne dust, and agriculture. It also refined systems for coordinating intra-regional prevention and control efforts in key regions and for responding to heavy air pollution.
老百姓吃得放心才能舒心。为了建立最严格的、覆盖全过程的食品安全监管制度,针对食品安全领域存在的突出问题,常委会及时修订了食品安全法。这次修订,突出预防为主、风险防范,进一步完善食品安全风险监测、评估和安全标准等基础性制度,实施食品生产、流通、餐饮服务全过程监管,强化对违法生产经营、监管失职渎职等行为的法律责任追究,建立包括有奖举报、信息发布、责任保险等在内的食品安全社会共治体系,动员全社会力量依法严守“舌尖上的安全”。
The people will not be content until they have confidence in the safety of the food they are eating. In a bid to establish the strictest possible oversight and supervision system for food safety, one that covers the whole process from production to consumption, the Standing Committee took prompt steps to revise the Food Safety Law, taking particular aim at prominent food safety problems. With an emphasis on preventing and reducing safety risks, the revised law has improved basic systems pertaining to safety standards and the monitoring and assessment of safety risks. It brings the whole process from food production and distribution to catering under supervision, and tightens legal penalties for the unlawful production and sale of food and for neglect and dereliction of food safety supervision duties. It also prescribes the establishment of a society-wide co-governance system for food safety that comprises the provision of rewards for reporting food safety problems, the release of food safety information, and the introduction of a food safety liability insurance, so that every member of society is encouraged to lawfully ensure that every bite of food is safe.
反对家庭暴力是社会文明进步的重要体现,是维护家庭和谐、社会稳定的必然要求。习近平主席2015年9月在全球妇女峰会上明确提出:“我们要努力消除一切形式针对妇女的暴力,包括家庭暴力。”常委会制定的反家庭暴力法,强调反家庭暴力是国家、社会和每个家庭的共同责任,明确了家庭暴力的预防和处置机制措施,创设了人身安全保护令等制度,为推动解决妇女、未成年人等群体遭受家庭暴力问题,维护平等和睦文明的家庭关系,提供了更加完善的法律保障。
Opposition to domestic violence is an important indicator of social progress, and an essential requirement for harmonious families and a stable society. In September 2015, at the Global Leaders’ Meeting on Gender Equality and Women’s Empowerment, President Xi Jinping stated, “We will strive to eliminate all forms of violence against women, including domestic abuse.” The Anti-Domestic Violence Law formulated by the Standing Committee emphasizes that the prevention of domestic violence is the shared responsibility of the state, society, and each family. The law has not only stipulated mechanisms and measures for preventing and dealing with domestic abuse, but has also introduced a system of restraining orders to protect the victims of family violence, thereby providing a stronger legal guarantee for preventing domestic violence against women, minors, and other groups and preserving equal, harmonious, and amiable family relations.
及时修改人口与计划生育法。贯彻党的十八届五中全会关于“全面实施一对夫妇可生育两个孩子政策”的决策部署,常委会作出关于修改人口与计划生育法的决定,自2016年1月1日起实施“全面两孩”政策。修改后的法律明确规定:国家提倡一对夫妻生育两个子女;在国家提倡一对夫妻生育一个子女期间,自愿终身只生育一个子女的夫妻,国家发给《独生子女父母光荣证》;获得《独生子女父母光荣证》的夫妻,按照规定享受奖励、获得扶助。这次修改,是适应我国人口发展出现的重大转折性变化,对生育政策作出的重大调整。这对于促进我国人口均衡发展将产生广泛而深远的影响。
We also made timely changes to the Population and Family Planning Law. In order to put into effect the decision made at the Fifth Plenary Session of the 18th CPC Central Committee to comprehensively implement a policy of allowing all couples to have two children, the Standing Committee issued a decision on revising the Population and Family Planning Law, implementing a universal two-child policy as of January 1, 2016. The revised law explicitly stipulates that all couples are allowed to have two children. Those couples who had observed the previous one-child policy and are still willing to have only one child in their lifetime shall be eligible for a certificate of honor, which entitles them to benefits and assistance as stipulated. As a response to the major demographic shift that has taken place in China, the revision of the Population and Family Planning Law represents a major change to China’s birth policy, and is a move that will have far-reaching effects on our efforts to promote the balanced development of China’s population.
(三)完善刑事法律制度。常委会贯彻落实党中央关于深化司法改革的精神,适应刑事司法工作新形势新要求,审议通过了刑法修正案(九),共52条,对刑法作出较大幅度的修改完善。主要是取消9个较少适用的死刑罪名;完善惩治贪污受贿犯罪法律制度,针对特定情形规定了终身监禁、不得减刑或者假释;加大对网络犯罪的惩治力度,加强对妇女、未成年人、老年人等人身权利的刑法保护;将扰乱法庭秩序、组织考试作弊、组织资助非法聚集、编造和故意传播虚假信息等行为明确规定为犯罪;取消嫖宿幼女罪名,对此类行为适用刑法关于奸淫幼女的,以强奸论、从重处罚的规定。
3) The criminal law system was improved.With a view to implementing the guidelines on deepening judicial reform issued by the CPC Central Committee, and in an effort to adapt to new circumstances and requirements pertaining to criminal justice, the Standing Committee deliberated and passed the 52-article Amendment IX to the Criminal Law, making considerable revisions and improvements to the law. The revisions mainly involve abolishing capital punishment for nine crimes that rarely saw the sentence applied; improving legal regulations for punishing embezzlement and bribery, with a paragraph stipulating the applicability of life imprisonment and inapplicability of commutation or parole for a specific circumstance; imposing heavier punishments on cybercrime; strengthening protection of the rights of the person for women, minors, and the elderly; making it a crime to disrupt courtroom order, organize cheating in examinations, organize or fund illegal assemblies, or fabricate or purposefully disseminate false information; and repealing the crime of having paid sex with a girl under the age of 14,instead treating such an act as a case of rape in which stringency should be shown under the relevant stipulations of the Criminal Law.
(四)统筹做好各方面立法工作。立法权是全国人民代表大会的一项重要职权。常委会认真做好大会审议法律案的前期准备工作,继去年提出立法法修正案草案之后,今年又提出慈善法草案。内务司法委员会牵头起草了慈善法草案,常委会对草案进行了两次审议,并两次向社会公开征求意见,经认真修改后提请本次会议审议。此外,常委会还制定了深海海底区域资源勘探开发法,修改了广告法、种子法、促进科技成果转化法、教育法、高等教育法;审议了境外非政府组织管理法、网络安全法、证券法(修订)、资产评估法、民办教育促进法(修正)、野生动物保护法(修订)、电影产业促进法、中医药法等法律草案。
4) Legislative work in other areas was coordinated.The legislative power represents one of the most important functions and powers of the NPC. Following its submission of the draft revisions of the Legislation Law to the Third Session of the 12th NPC for deliberation in 2015, this year the Standing Committee has submitted the draft of the Charity Law to this session for deliberation on the basis of thorough preparations. The drafting of the law was overseen by the Internal and Judicial Affairs Committee. The Standing Committee has deliberated the draft twice, solicited comments from the public on two separate occasions, and made careful revisions accordingly before submitting it to this session for deliberation.In addition, the Standing Committee formulated the Law on the Exploration and Development of Deep Seafloor Resources; revised the Advertising Law, the Seed Law, the Law on Promoting the Application of Scientific and Technological Advances, the Education Law, and the Higher Education Law; and deliberated draft legislation including a law on the management of international NGOs in China, a cyber-security law, a revision of the Securities Law, an asset evaluation law, amendments to the Law on the Promotion of Privately-Run Schools, a revision of the Wildlife Protection Law, a film industry promotion law, and a law on traditional Chinese medicine.
常委会在立法工作中高度重视、深入推进科学立法、民主立法,完善立法体制机制,增强立法工作的系统性、及时性、针对性、有效性。
Attaching high priority to and acting in line with the concept of effective and democratic legislation, the Standing Committee engaged in vigorous efforts to refine legislative mechanisms and systems with a view to making our legislative work more systemic, timely, targeted, and effective.First, with the approval of the CPC Central Committee, adjustments were made to the five-year legislative plan of the current Standing Committee, principally to include into the plan legislative items pertaining to the coordinated implementation of the Four-Pronged Comprehensive Strategy.
一是经党中央批准,调整本届常委会五年立法规划,主要是围绕协调推进“四个全面”战略布局,将相关的立法项目增加列入立法规划,一类、二类立法项目从原来的68件增至102件。
As a result, the total number of legislative items in category I (draft legislation ready for deliberation by the Standing Committee) and category II (draft legislation soon to be ready for deliberation by the Standing Committee) increased from 68 to 102.
二是加强立法调研和评估,就大气污染防治法、国家安全法、反恐怖主义法、广告法等法律草案中涉及的重点难点问题进行专题论证。
Second, we intensified the research and evaluation of legislative items, and carried out dedicated deliberations on key points and difficulties in the drafts of the National Security Law and the Anti-Terrorism Law as well as in the draft revisions of the Air Pollution Prevention and Control Law and the Advertising Law.
三是发挥人大代表作用,健全法律草案征求代表意见制度,邀请代表参与立法论证、调研、审议等工作。
Third, giving full play to the role of NPC deputies, we improved mechanisms for soliciting their opinions on draft laws and invited them to participate in the debate, research, and deliberation process.
四是拓宽公民有序参与立法途径,制定《向社会公布法律草案征求意见工作规范》,明确常委会会议初次审议和再次审议的法律草案都应当及时向社会公布。反家庭暴力法草案向社会公开后,收到社会各方面提出的意见建议4万多条。建立健全立法专家顾问制度,完善立法决策咨询机制。
Fourth, in a bid to broaden channels for the systematic participation of citizens in the legislative process, we formulated the Procedures for Releasing Drafts of Laws for Public Comments, according to which the drafts of laws for the first and second deliberations of the Standing Committee should both be promptly made available to the public. After the draft of the Anti-Domestic Violence Law was released, for example, we received more than 40,000 comments and suggestions from all sectors of society. We also put in place a sound system whereby specialists are appointed as legislative advisors, thereby further improving our consultation system for legislative decision making.
五是积极回应人大代表、政协委员和社会各方面的关切,在有关法律起草、审议、修改工作中认真研究并积极吸纳各方面提出的意见建议。
Fifth, we actively responded to the concerns of NPC deputies, members of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), and people from all sectors of society, studying and incorporating where possible the comments and suggestions of all sides into the relevant laws as they were drafted, deliberated, or revised.
六是建立基层立法联系点制度,发挥其直接听取基层干部群众意见、接地气的“直通车”作用。
Sixth, we established a system of staying connected with local communities on legislative issues, making full use of the role of this system in directly soliciting the legislation-related views of the general public and officials at the community level.
二、加强宪法实施和监督工作
2. We strengthened efforts to ensure and oversee the enforcement of the Constitution.
全面贯彻实施宪法,是建设社会主义法治国家的首要任务和基础性工作。常委会始终恪守宪法原则,履行宪法监督职责,大力弘扬宪法精神,坚决维护宪法权威,保证宪法全面有效实施。
Ensuring the full enforcement of the Constitution represents the most important and fundamental task in building China into a socialist rule of law country. With a continued commitment to upholding the principles of the Constitution, the Standing Committee has worked to fulfill its duty to oversee the enforcement of the Constitution, energetically promote the spirit of the Constitution, resolutely safeguard its authority, and ensure its full and effective enforcement.
(一)建立宪法宣誓制度。常委会审议通过《全国人民代表大会常务委员会关于实行宪法宣誓制度的决定》,以国家立法形式建立了我国的宪法宣誓制度,明确规定:“各级人民代表大会及县级以上人民代表大会常务委员会选举或者决定任命的国家工作人员,以及各级人民政府、人民法院、人民检察院任命的国家工作人员,在就职时应当公开进行宪法宣誓。”这是深入推进依法治国、依宪治国的重大举措。宪法宣誓誓词,体现了国家工作人员对祖国对人民应有的忠诚、担当和庄严承诺。实行宪法宣誓制度,将有力地激励和教育国家工作人员忠于宪法、遵守宪法、维护宪法,加强宪法实施和监督。
1) We introduced a system of pledging allegiance to the Constitution.The Standing Committee examined and adopted the Decision of the Standing Committee of the National People’s Congress on Implementing the System of Pledging Allegiance to the Constitution, thereby establishing the system into national law. The decision stipulates, “All those who are elected or appointed to public office by people’s congresses at all levels or by the standing committees of people’s congresses at and above the county level as well as by people’s governments, people’s courts, and people’s procuratorates at all levels shall make a public pledge of allegiance to the Constitution when they officially assume office.” This is a major measure for promoting governance of the country based on the Constitution and other laws. The words of the pledge embody the sense of loyalty, responsibility, and commitment that public servants are expected to have toward their country and people. The practice of pledging allegiance to the Constitution will play an important role in urging public servants to remain loyal to, comply with, and safeguard the Constitution, which in turn will help us in our efforts to ensure and oversee the enforcement of the Constitution.
(二)实施宪法规定的特赦制度。为了纪念中国人民抗日战争暨世界反法西斯战争胜利70周年,贯彻党中央决策部署,根据宪法有关规定,常委会通过关于特赦部分服刑罪犯的决定,国家主席发布特赦令,对参加过中国人民抗日战争、中国人民解放战争等4类部分服刑罪犯实行特赦。这是新中国成立以来第八次、也是改革开放以来第一次实行特赦,是实施宪法规定的特赦制度、贯彻全面依法治国和体现人道主义精神的新实践,具有重大政治意义和法治意义。
2) We exercised constitutional stipulations on amnesty.In commemorating the 70th anniversary of the victory in the Chinese War of Resistance against Japanese Aggression and in the Global War against Fascism, and acting in line with the decisions and plans of the CPC Central Committee, the NPC Standing Committee, in compliance with the relevant provisions of the Constitution, adopted a decision on granting amnesty to certain prisoners. The President of China issued an order, granting amnesty to prisoners falling into four categories, with one category being those who fought in the War of Resistance and those who fought in the War of Liberation. This marks the eighth time since the founding of the People’s Republic of China, and the first time since the introduction of the reform and opening up policy, that amnesty has been granted in China. The granting of amnesty represents a new step that has been taken to implement the system of amnesty as stipulated in the Constitution, advance the law-based governance of China in all areas, and apply the spirit of humanitarianism, and therefore has major political and legal implications.
(三)制定国家勋章和国家荣誉称号法。国家功勋荣誉表彰制度是宪法规定的国家重要制度。为了依法褒奖作出突出贡献的杰出人士,培育和弘扬社会主义核心价值观,增强中国特色社会主义事业的凝聚力和感召力,常委会根据宪法第67条第16项的规定,在总结以往授勋实践经验基础上,起草并审议通过了国家勋章和国家荣誉称号法。这部法律,明确了国家勋章和国家荣誉称号的设立、授予对象、授予程序等最主要、最基本的制度,为推动建立健全党和国家功勋荣誉表彰制度体系奠定了重要法治基础。
3) We enacted the Law on National Medals and Titles of Honor.The system of national awards and honors is an important system stipulated in the Constitution. In order to commend and award those who have made outstanding contributions to our country, foster and promote the core socialist values, and enhance the cohesiveness and appeal of socialism with Chinese characteristics, the Standing Committee, in accordance with Paragraph 16 under Article 67 of the Constitution and on the basis of a review of the past experience in granting medals and awards, drafted and then deliberated and passed the Law on National Medals and Titles of Honor. This law has defined the most important and fundamental provisions concerning national medals and honorary titles, such as the establishment of such medals and titles, eligible recipients, and awarding procedures, thereby laying down an important legal basis for establishing and improving relevant systems of Party and state awards and honors.
(四)健全规范性文件备案审查制度。对规范性文件实行备案审查,是维护宪法尊严、保证国家法制统一的重要制度。常委会以贯彻实施修改后的立法法为契机,加强备案审查制度和能力建设。常委会工作机构与有关方面共同建立法规、规章和规范性文件备案审查衔接联动机制。经过多年的努力,我国各类法规、规章、司法解释和规范性文件都已纳入备案审查范围;经审查,发现有违反宪法法律的,依法依规予以撤销和纠正,实行有件必备、有备必审、有错必纠。一年来,常委会工作机构对“一府两院”报备的30多件行政法规、司法解释逐件进行审查,对部分地方性法规开展主动审查,研究各方面提出的200多件审查建议,认真做好备案审查工作。
4) We improved the recording and review system for normative documents.The recording and review of normative documents constitutes an important system for safeguarding the authority of the Constitution and ensuring legislative consistency. Seizing on the opportunity provided by the implementation of the revised Legislation Law, the Standing Committee took steps not only to improve the system of recording and reviewing normative documents, but also to enhance its capacity to implement this system. The working bodies of the Standing Committee, working in collaboration with relevant departments, established a mechanism for coordinating the recording and review of regulations, rules, and other normative documents. Thanks to years of efforts, all types of regulations, rules, judicial interpretations, and other normative documents have been brought under the scope of recording and review, and we have worked to see to it that any normative document that is found to, through review, conflict with the Constitution or any other law is rescinded or corrected in accordance with the law and relevant regulations. Our policy in this regard is to ensure that all normative documents are kept on record, all documents on record are examined, and all mistakes discovered in these documents are rectified. Over the past year, the working bodies of the Standing Committee reviewed over 30 administrative regulations and judicial interpretations submitted by the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate. They have also taken the initiative to review certain local regulations, studying over 200 suggestions from various departments. In doing so, they have ensured proper recording and review of normative documents.
三、依法支持和推动全面深化改革工作
3. We supported and promoted the comprehensive deepening of reform in accordance with the law.
常委会坚持在法治下推进改革、在改革中完善法治,通过立法、监督等工作,保证重大改革举措于法有据、顺利实施。
The Standing Committee has remained committed to advancing reform on the basis of the rule of law and strengthening the rule of law through reform. Through our efforts in legislation and oversight, we have ensured that all of China’s major reforms have a legal basis and are carried out soundly.
(一)以授权决定形式支持相关改革试点工作。对与现行法律规定不一致、修改法律尚不成熟、需要先行先试的改革举措,常委会按照法定程序作出授权决定,为局部地区或者特定领域先行先试提供法律依据和支持。一年来,我们先后就开展人民陪审员制度改革试点、开展公益诉讼改革试点、开展药品上市许可持有人制度试点和有关问题、开展农村承包土地的经营权和农民住房财产权抵押贷款试点、在实施股票发行注册制改革中调整适用证券法有关规定等,分别作出授权决定,明确规定了授权的范围、内容和期限。同时,要求有关方面依法做好改革试点工作,及时总结实践经验,并将实施情况向全国人大常委会报告。
1) We granted authorization to support trial reforms.For proposed reforms that come into conflict with existing laws, and for which the conditions for revising the relevant laws do not exist and trials are required first, the Standing Committee may act in accordance with the prescribed legal procedures to grant authorization for preliminary reform trials to be conducted, thereby providing the necessary legal basis and support for trial reforms in certain regions or particular sectors. Over the past year, we have issued authorization decisions on a series of initiatives, including the trial reform of the system of people’s assessors, the trials for filing public interest litigation, the pilot program of a marketing authorization holder system for drugs and relevant issues, the trials to allow the mortgaging of contracted rural land-use rights and farmers’ home property rights, and the adjustment to the applicability of certain stipulations in the Securities Law in order to implement the reform to introduce an IPO registration system. These decisions have been made with clear definition to the scope, content, and period of validity of the relevant authorizations. At the same time, we urged relevant government departments to carry out these trial reforms in accordance with the law, promptly sum up experience gained in practice, and report their progress to the Standing Committee.
(二)统筹修改部分法律中同类或者相关的规定。持续推进简政放权、放管结合、优化服务,必须及时修改或者废止那些已经不合时宜的法律规定。常委会在认真审议国务院相关议案的基础上,区别不同情况,采取统筹修改形式,分别通过了6个关于修改法律的决定,涉及24部法律和1个有关法律问题的决定,对其中有关行政审批、价格管理等方面的部分条款一并作出修改。还修改了商业银行法的个别条款,删去关于商业银行存贷款比例不得超过75%的规定,以利于商业银行适度加大信贷投放、增强支持实体经济发展的能力。
2) We carried out a coordinated effort to revise similar or related stipulations across certain laws.In a continued effort to help the government streamline administration, delegate more powers, improve regulation, and provide better services, we found it imperative to act promptly to revise or rescind any laws or regulations that are no longer suited to the current conditions. The Standing Committee, on the basis of thoroughly reviewing relevant motions put forward by the State Council, and in view of different circumstances, decided to adopt a comprehensive approach to the revision of the laws in question. We approved six decisions on the revision of existing laws which involved 24 laws and one decision on legal issues, making consistent revisions to certain articles therein concerning government review and price regulation. In addition, certain revisions were made to the Law on Commercial Banks, such as the deletion of a provision stipulating that the loan-to-deposit ratio of commercial banks was not to exceed 75%. This revision enables commercial banks to increase their credit supply by an appropriate margin and better support the development of the real economy.
(三)听取审议“一府两院”相关改革工作情况报告。常委会近年来先后作出多个有关改革开放试验试点的授权决定。2015年4月,常委会听取审议了国务院关于自由贸易试验区工作进展情况的报告,积极评价上海自贸试验区建设取得的阶段性成果和广东、天津、福建3个新设自贸试验区的进展情况,对积极稳妥、深入推进自贸试验区建设提出了一些加强和改进的意见建议。8月,常委会审议了最高人民法院、最高人民检察院关于刑事案件速裁程序试点情况的中期报告,强调继续加强对试点工作的组织指导和监督检查,及时进行总结和评估,为完善刑事诉讼程序提供可靠依据。12月,在授权国务院在广东省暂时调整部分法律规定的行政审批试行期届满之际,常委会审议了国务院关于实施情况的相关报告,根据实际情况对届满后有关问题作出决定。
3) We heard and reviewed reports on the progress of reforms from the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate.Over the last several years, the Standing Committee has made authorization decisions on a number of pilot initiatives in reform and opening up. In April 2015, the Standing Committee heard and reviewed the State Council’s work report on pilot free trade zones, giving a positive appraisal of the progress made in the development of the China (Shanghai) Pilot Free Trade Zone and in the establishment of three more pilot free trade zones in Guangdong, Tianjin, and Fujian. The Standing Committee also proposed several improvements with regard to the active yet prudent development of pilot free trade zones. In August, during its review of the mid-term report of the Supreme People’s Court and the Supreme People’s Procuratorate on the implementation of the pilot projects of accelerated procedures for certain criminal cases, the Standing Committee emphasized the need to enhance the organization, guidance, monitoring, and inspection of the pilot projects and conduct timely reviews and assessments, so that a reliable source of reference could be provided for improving criminal litigation procedures. In December, when the authorization allowing the State Council to make provisional adjustments on a trial basis to items requiring government review as prescribed by certain laws in Guangdong Province was about to expire, the Standing Committee reviewed the State Council’s report on the implementation of this pilot practice and made a decision regarding the handling of subsequent matters following the expiration of the authorization in view of actual conditions.
四、在增强监督实效上取得新进展
4. We made progress in the provision of more effective oversight.
常委会依法行使监督职权,围绕中心、服务大局、突出重点,着力增强监督实效,推动党中央重大决策部署贯彻落实,促进依法行政、公正司法。
The Standing Committee exercises powers of oversight in accordance with the law. With a view to better serving the central task of economic development and the overall interests of the country, we channeled considerable energy into making our oversight work more effective, maintaining a focus on key priorities. Our oversight efforts have helped to ensure the implementation of the Party Central Committee’s major decisions and plans, as well as law-based government administration and judicial impartiality.
(一)加大执法检查力度。执法检查是人大监督的法定形式和重要途径。一年来,常委会共检查职业教育法、消费者权益保护法、农业法、水污染防治法、老年人权益保障法、民族区域自治法等6部法律的实施情况。委员长、副委员长担任执法检查组组长,带队赴地方开展监督检查,在常委会会议上作执法检查报告,主持常委会专题询问。注重加强跟踪监督,在2014年开展大气污染防治法执法检查、听取审议相关报告的基础上,2015年专门安排听取审议国务院关于研究处理大气污染防治法执法检查报告及审议意见情况的反馈报告;还听取审议国务院关于落实职业教育法执法检查报告和审议意见的报告,持续推动加强和改进相关工作。
1) We intensified our efforts to inspect compliance with laws.Inspecting compliance with laws is a major statutory means by which the NPC exercises oversight. Over the past year, the Standing Committee inspected compliance with six laws, specifically the Law on Vocational Education, the Law on the Protection of Consumers’ Rights and Interests, the Agriculture Law, the Law on the Prevention and Control of Water Pollution, the Law on Guaranteeing the Rights and Interests of Senior Citizens, and the Law on Regional Ethnic Autonomy. Vice chairpersons of the Standing Committee, as well as myself as Chairman, headed inspection groups to localities to oversee and inspect compliance with these laws and on this basis, delivered reports on the findings at meetings of the Standing Committee and chaired inquiries on related specific issues. In addition, the Standing Committee strengthened follow-up oversight. Following our inspection of compliance with the Air Pollution Prevention and Control Law and our deliberation on the inspection report in 2014, we made arrangements last year to hear and deliberate the State Council’s feedback report on how it had responded to our 2014 report and our comments. We also heard and deliberated a report from the State Council on the work it did in response to our compliance inspection report for the Law on Vocational Education and our comments. Our efforts in this regard have contributed to the improvement of relevant government work.
常委会抓住法律实施中的突出问题和薄弱环节,研究提出解决问题、完善制度的意见建议,督促和推动有关方面全面有效实施法律。国务院及其有关部门高度重视、认真落实执法检查报告和常委会审议意见提出的建议,积极研究制定整改落实措施,解决了一批实际问题,健全完善了相关制度机制。针对职业教育法执法检查中提出的以就业为导向提高职业教育办学质量、促进产教深度融合和校企共同育人、促进普通本科高等院校转型发展等意见建议,教科文卫委员会加强跟踪督促,有关部门修订了高职专业目录,颁布了高职专业设置管理办法,专业总数由原来的1170个调减至748个;制定实施关于深入推进职业教育集团化办学的指导性文件,全国已建成1000多个职教集团;制定实施《高等职业教育创新发展行动计划(2015-2018年)》、《关于引导部分地方普通本科高校向应用型转变的指导意见》等。
Focusing on the prominent problems and weak points identified in the enforcement of the laws for which we carried out compliance inspections, the Standing Committee put forward comments and proposals for solving these problems and improving related systems, urging relevant government departments to work toward complete and effective enforcement of these laws. Taking these comments and suggestions extremely seriously, the State Council and its departments took earnest measures to rectify the problems exposed in the inspection reports and implement the Standing Committee’s suggestions, thereby resolving a number of practical problems and refining the relevant systems and mechanisms. Based on an inspection of compliance with the Law on Vocational Education, the Standing Committee put forward proposals on improving the quality of vocational education by taking an employment-oriented approach, deepening the integration of vocational education with industry and cooperation between vocational colleges and businesses, and encouraging regular undergraduate institutions to shift their focus toward providing applied education. Under follow-up monitoring by the NPC’s Education, Science, Culture, and Public Health Committee, the relevant government departments acted accordingly by revising the list of specialties offered by vocational colleges and promulgating methods for managing the provision of specialties by vocational colleges. As a result, the total number of specialties has been condensed from 1,170 to 748. In addition, the relevant departments formulated and implemented guidelines on encouraging the incorporation of vocational education providers into groups, resulting in the formation of over 1,000 vocational education groups nationwide. They also formulated and implemented the Action Plan for Innovation and Development in Higher Vocational Education (2015-2018) and the Guidelines on Encouraging Some Local Regular Undergraduate Institutions to Shift Toward Providing Applied Education.
(二)加强预算决算审查监督。常委会依法听取审议决算、审计工作、预算执行情况等报告,审查批准2014年中央决算。要求各级政府和有关部门认真贯彻实施修改后的预算法,深化财税体制改革,规范预决算编制和管理,推进财政资金统筹使用,提高财政资金使用绩效。
2) We strengthened the review and oversight of government budgets and final accounts.In performing this legally prescribed duty, the Standing Committee heard and deliberated government reports on final accounts, auditing work, and the implementation of budgets, and reviewed and approved the central government’s final accounts for 2014. We required governments at all levels and related departments to conscientiously observe the revised Budget Law, deepen the reform of fiscal and tax systems, follow standard procedures in compiling and managing budgets and final accounts, and make overall plans for the use of government funds so as to ensure that these funds are used more effectively.
审议批准关于2015年地方政府债务限额的议案,听取审议关于加强地方政府债务管理情况报告。提出从紧控制地方政府债务增长,严格限定举债程序和资金用途,正确处理当前和长远的关系,完善债务考核评价、风险评估和应急处置机制,切实防范和化解地方政府债务风险。
We deliberated and approved a motion by the State Council on imposing ceilings on local government debt in 2015, and heard and deliberated a report on its work to strengthen local government debt management. Upon deliberation, we required that the growth of local government debt be tightly controlled, strict procedures be followed in the issuance of bonds by local governments, and strict controls be imposed on the use of borrowed funds, with due attention given to both short-term and long-term needs. We also required that improvements be made to mechanisms for evaluating debt management performance, assessing risks, and dealing with emergencies, so as to effectively prevent and defuse local government debt risks.
(三)促进经济持续健康发展。常委会听取审议关于计划执行情况等报告,充分肯定国务院及有关方面的工作,认为我国经济发展实现了稳中有进、稳中有好,成绩来之不易。提出要认真贯彻落实党中央决策部署,进一步认识、适应和引领经济发展新常态,坚持以提高经济发展质量和效益为中心,保持稳增长、促改革、调结构、惠民生、防风险综合平衡,促进经济持续健康发展和社会大局稳定。
3) We helped to promote sustained, sound economic development.The Standing Committee heard and deliberated reports by the State Council on development, including a report on the implementation of the 2014 plan for national economic and social development. We fully endorsed the work of the State Council and its relevant departments, remarking that the steady and positive performance of China’s economy in 2014 had not come easily. At the same time, we proposed that the State Council continue to faithfully implement the decisions and plans of the Party Central Committee; understand, adapt to, and guide the new normal in China’s economic development; focus on improving the quality and efficacy of economic development; maintain a proper balance between ensuring steady growth, promoting reform, making structural adjustments, improving living standards, and guarding against risks; and work to promote sustained, sound economic development and social stability.
听取审议关于信息化建设及推动信息化和工业化深度融合发展、稳定和完善农村土地承包关系等工作情况的报告。强调要明确信息技术发展战略,推进共性关键技术攻关和自主创新体系建设,强化信息公共服务,加快信息科技成果转化应用,加快推进我国信息化建设和“两化融合”。要求认真做好农村土地承包经营权确权登记颁证工作,妥善解决承包土地纠纷及人地矛盾,依法维护农民权益,有序开展农村土地制度改革试点工作,加快构建新型农业经营体系,发展现代农业。
We also heard and deliberated reports by the State Council on its work to promote the application of information technology and the deeper integration of information technology into industrialization, and on its work to improve and stabilize rural land contract relationships. We emphasized that the government should highlight information technology development as a strategy; promote breakthroughs in generic key technologies and build a system for innovation; improve public services concerning information; accelerate the commercialization and application of advances in information technology; and move faster to promote the application of information technology and integrate it more deeply into industrialization. We required that the government work to ensure smooth progress in determining, registering, and certifying contracted rural land-use rights; properly settle disputes over contracted land-use rights and solve the problem of an increasing number of rural residents having no land to farm; protect the rights and interests of farmers according to law; carry out the trial reform of the rural land system in an orderly fashion; speed up the establishment of a new type of system of agricultural operations; and develop modern agriculture.
常委会组织有关专门委员会、工作委员会围绕“十三五”时期经济社会发展若干重要问题开展专题调研,形成24份专题调研报告,涉及财政经济、教科文卫、节能环保、民族侨务、养老服务、“三农”、粤港澳合作等诸多领域,为研究编制“十三五”规划纲要提供重要参考,也为审查批准“十三五”规划纲要做了必要准备。
The Standing Committee organized for the relevant special committees and working committees to carry out dedicated research on major issues concerning economic and social development during the 13th Five-Year Plan period. The 24 reports this led to focused on issues concerning public finance, the economy, education, science, culture, public health, energy conservation, environmental protection, work related to ethnic minorities and overseas Chinese, elderly care, agriculture, rural areas, farmers, and cooperation between Guangdong on the one hand and Hong Kong and Macao on the other, thereby providing the government with a valuable source of reference for formulating the 13th Five-Year Plan. These research activities have also better prepared deputies for examining and approving the 13th Five-Year Plan at this session of the NPC.
(四)推动保障和改善民生。保障改善民生、促进社会公平正义,是常委会监督工作的重点。在听取审议关于公共文化服务体系建设工作情况报告中,常委会要求有关方面加强公共文化体育设施建设和队伍建设,加大公共文化产品和服务供给力度,创新公共文化管理体制和运行机制,让人民群众享有更多更好的文化发展成果。在听取审议关于深化医药卫生体制改革工作进展情况报告中,常委会充分肯定深化医改工作取得的显著成绩,同时强调要增强攻坚克难的信心和勇气,立足中国实际,持续不断地把改革推向深入;坚持保基本、强基层、建机制的基本原则,尽力而为、量力而行;加强顶层设计,完善体制机制,积极探索医改这一世界性难题的中国式解决办法,推进健康中国建设。
4) We helped to guarantee and improve living standards.Safeguarding and improving the people’s wellbeing and promoting social equity and justice represent priorities in the Standing Committee’s oversight work. After hearing and deliberating the State Council’s report on its efforts to develop the system of public cultural services, the Standing Committee proposed that the relevant government departments intensify the construction of public cultural and sports facilities; build a stronger contingent of personnel in the cultural and sports sectors; increase the supply of public cultural products and services; and make innovations in systems and mechanisms for the management and operation of public cultural programs, so that the people can benefit more from cultural development. After hearing and deliberating the State Council’s report on the progress in deepening the reform of the medical and health care systems, the Standing Committee fully affirmed the notable achievements that had been registered, while also emphasizing that the government should continue to push the reform forward in line with China’s realities, with strong confidence and the courage to overcome any difficulty that may emerge on the road ahead. We iterated that the government should do everything it can within reasonable limits to ensure basic medical and health care services for the people, improve the services provided at the community level, and establish sound supporting mechanisms. We also stated that it should strengthen top-level design, improve systems and mechanisms, and work energetically to find a Chinese solution to medical reform – a difficult problem for all countries around the world – with a view to making progress in building a Healthy China.
(五)继续加强对司法工作的监督。听取审议最高人民法院关于行政审判工作情况报告、最高人民检察院关于刑罚执行监督工作情况报告,提出要认真贯彻实施修改后的行政诉讼法,提高行政审判工作水平;规范和完善刑罚执行监督机制,严格适用减刑、假释、保外就医程序。最高人民法院召开全国法院电视电话会议,专题部署进一步加强和改进新形势下行政审判工作。最高人民检察院认真落实常委会审议意见,作出了《关于全面加强和规范刑事执行检察工作的决定》。
5) We continued to strengthen oversight of judicial work.We heard and deliberated the report of the Supreme People’s Court on the hearing of administrative cases and the report of the Supreme People’s Procuratorate on the oversight over the enforcement of penal decisions. On this basis, we commented that the courts should fully observe the revised Administrative Procedures Law and improve the hearing of administrative cases, and that the procuratorates should standardize and improve oversight over the enforcement of penal decisions and ensure strict application of sentence commutation, parole, and medical bail. The Supreme People’s Court held a teleconference for courts throughout the country, during which it laid out dedicated plans for strengthening and improving the hearing of administrative cases under new circumstances. The Supreme People’s Procuratorate also earnestly considered our comments, formulating the Decision on Comprehensively Strengthening and Standardizing Inspections of the Enforcement of Penal Decisions.
常委会把健全监督工作机制、完善监督工作方式方法,作为加大监督力度、增强监督实效的重要途径,进行了一些新的探索。一是研究提出《关于改进审计查出突出问题整改情况向全国人大常委会报告机制的意见》。2015年6月,常委会听取审议国务院年度审计工作报告,对查出的问题提出整改意见。12月,常委会听取审议了国务院关于审计查出问题整改情况的报告,并结合审议报告进行了专题询问。这在人大监督工作方面还是第一次。从整改情况看,对审计工作报告中反映的重点问题,财政部、发展改革委等6个部门进行了认真整改,并提出了整改情况报告;对其他问题,47个部门、单位对772个问题进行了认真整改。审计发现的违法违纪问题线索,审计署已经移送有关方面查处。二是研究提出《关于改进完善专题询问工作的若干意见》,结合审议职业教育法、水污染防治法两个执法检查报告分别开展专题询问,拓宽了专题询问的范围;国务院领导同志在常委会会议上作专项工作报告,参加常委会联组会议,回答询问、听取意见,参加常委会执法检查组会议,充分体现了政府对人大负责、受人大监督和加快建设法治政府的精神。
The Standing Committee identified improving oversight mechanisms and methods as an important means of intensifying its oversight work and making its oversight more effective, and conducted new trials in this regard. This led, among other things, to the production of the guidelines on establishing a mechanism for the State Council to report to the NPC Standing Committee on the rectification of pronounced problems discovered in auditing. In June 2015, the Standing Committee heard and deliberated the State Council’s annual report on auditing work and proposed corrections to problems identified therein. In December, the Standing Committee convened to hear and deliberate the State Council’s report on the rectification of these problems, and then conducted an inquiry on specific issues based on our deliberation. This was a first in the oversight work of the NPC. Judging from the results, all problems discovered in auditing have been rectified, with the Ministry of Finance, the National Development and Reform Commission, and four other departments rectifying the major problems and presenting reports on their rectification work; and 47 departments and offices making corrections to 772 other problems. In addition, the National Audit Office referred leads on violations of the law and discipline uncovered during the auditing to the competent authorities for further investigation. Another result of the trials we conducted last year was the formulation of the guidelines on improving special inquiries. We carried out special inquiries in connection with our deliberations of the two compliance inspection reports for the Law on Vocational Education and the Law on the Prevention and Control of Water Pollution, allowing the topics subject to inquiry to be further expanded. Leading officials from the State Council came to deliver reports on special topics at meetings of the Standing Committee, and attended joint group meetings of the Standing Committee as well as meetings of the Standing Committee’s groups inspecting compliance with laws, to respond to inquiries and solicit comments. These practices fully demonstrate that the government is accountable to the NPC and subject to its oversight, and that the building of a rule of law government is picking up speed.
五、推动地方人大工作完善发展
5. We facilitated improvements in the work of local people’s congresses.
地方人大工作是做好新形势下人大工作的重要组成部分。常委会着眼于坚持和完善人民代表大会制度、形成人大工作整体合力、增强人大工作整体实效,注重加强同地方人大的工作联系,加强工作指导与支持,拓展工作协同与交流,共同推动人大制度和人大工作与时俱进、完善发展。
The work of local people’s congresses is vital to the effective performance of people’s congresses under new circumstances. With a view to upholding and improving the system of people’s congresses and forming synergy in the work of people’s congresses so as to deliver more effective performance, the Standing Committee laid stress on developing closer working relations with local people’s congresses, enhanced guidance and support for their work, expanded the scope of cooperation and exchanges with them, and worked with them to ensure that the system of people’s congresses and its performance can keep up, improve, and develop with the times.
(一)加强县乡人大工作和建设。县乡人大是基层国家权力机关,是我国地方国家政权的重要基础,在推进国家治理体系和治理能力现代化中具有重要基础性地位。2015年6月,中共中央转发了《中共全国人大常委会党组关于加强县乡人大工作和建设的若干意见》,这是新形势下党中央加强人大工作特别是县乡人大工作、推进社会主义民主法治建设的重要举措。常委会及时修改地方组织法、选举法、代表法,重点对县乡人大组织制度和工作制度、代表选举和代表工作等方面的相关规定作出修改完善,为加强县乡人大工作和建设提供法律依据和保障。9月,全国人大常委会办公厅召开加强县乡人大工作和建设座谈会,推动地方各级人大认真学习、全面贯彻落实中央精神和有关法律规定。各地结合实际研究制定具体措施,及时完善相关法规和工作规则,努力把各项任务要求落到实处。
1) We took steps to strengthen the work and development of people’s congresses at the county and township levels.As the community-level bodies of state power in China and an important foundation of the local political power, people’s congresses at the county and township levels assume a fundamental position in the modernization of our country’s governance system and capacity for governance. In June 2015, the CPC Central Committee forwarded the guidelines of the Leading Party Members’ Group of the NPC Standing Committee on strengthening the work and development of people’s congresses at the county and township levels. This represented a major measure taken by the Party Central Committee under new conditions to strengthen the work of people’s congresses, especially those at the county and township levels, and promote socialist democracy and rule of law. In response to the guidelines, the Standing Committee promptly revised the Organic Law of the Local People’s Congresses and Local People’s Governments, the Electoral Law for the National People’s Congress and Local People’s Congresses, and the Law on Deputies to the National People’s Congress and Deputies to Local People’s Congresses, with the focus on revising and improving provisions concerning organizational and working systems, the election of deputies, and the work of deputies in people’s congresses at the county and township levels, thereby providing a legal basis and guarantee for strengthening the work and development of people’s congresses at the two levels. In September 2015, the General Office of the Standing Committee held a conference on strengthening the work and development of people’s congresses at the county and township levels, urging local people’s congresses at all levels to study and implement the guidelines of the Party Central Committee as well as the revised legal provisions. Local people’s congresses, in view of their own circumstances, took prompt measures to improve the relevant regulations and working rules and ensure implementation of all tasks and requirements.[/en
(二)以立法法修改为契机积极推动地方立法工作完善发展。修改后的立法法赋予了设区的市地方立法权,对加强立法工作、提高立法质量提出了许多新要求。这是健全立法体制、推动地方人大工作完善发展的重要举措。为了全面贯彻实施立法法,全国人大常委会法工委召开全国地方立法研讨会,31个省(区、市)和80多个有地方立法权的设区的市人大相关负责同志参加会议,重点就发挥人大在立法工作中的主导作用、扎实推进赋予设区的市地方立法权工作进行交流研讨,进一步明确了工作方向。我们还加强调研、总结经验,积极推动省、自治区人大常委会做好设区的市依法行使地方立法权的确定工作。举办3期立法法培训班,对各省(区、市)和178个设区的市、自治州的873名立法工作者进行培训,支持地方人大加强立法工作队伍和能力建设。
[en]2) We drew on the revised Legislation Law to improve local legislative work.The newly revised Legislation Law accords local legislative powers to all cities which have subsidiary districts, and thus sets out new requirements on strengthening legislative work and improving the quality of legislation. This represented an important measure to improve the legislative system and the work of local people’s congresses. In order to ensure full implementation of the revised Legislation Law, the Legislative Affairs Commission of the Standing Committee held a national symposium on local legislation with the participation of leading members from the people’s congresses of 31 provinces, autonomous regions, and municipalities directly under the central government as well as of more than 80 cities which have been granted local legislative powers. The participants engaged in focused discussions and exchanged views with regard to performing the dominant role of people’s congresses in legislative work and steadily advancing the work of granting local legislative powers to cities having subsidiary districts, thus further clarifying the direction of future initiatives.By strengthening fact-finding investigations and reviewing past experience, we also provided active assistance to the standing committees of people’s congresses of provinces and autonomous regions, helping them to establish processes and timetables for the cities, to which they have granted local legislative powers, to follow in formulating local legislation. We held three training sessions on the revised Legislation Law for 873 legislators from provinces, autonomous regions, and municipalities directly under the central government as well as 178 autonomous prefectures and cities divided into districts, thereby supporting the efforts of local people’s congresses to strengthen their legislative workforce and improve their legislative competence.
(三)做好县乡人大换届选举调研工作。从2016年开始,全国新一轮县乡两级人大换届选举陆续展开,有9亿多选民将参加选举,直接选举产生250多万名县乡两级人大代表。这是全国人民政治生活中的一件大事,是社会主义民主政治建设的一次重要实践。我们组成专题调研组,总结实践经验,广泛听取意见,针对人大代表选举工作面临的新形势新问题,研究提出了关于做好全国县乡两级人民代表大会换届选举工作的指导性文件。
3) We conducted research in preparation for the election of new people’s congresses at the county and township levels.Beginning in 2016, elections will be held for new people’s congresses at the county and township levels across the country, during which more than 900 million voters are expected to directly elect over 2.5 million deputies. This will be a major political event in China, and an important step in the development of socialist democracy. Bearing this in mind, we established a research task force which, based on a review of past experience and opinions from a wide range of sources and an analysis of new developments and problems in elections, has prepared a guiding document for the elections.
(四)密切与地方人大的联系。继续邀请各省(区、市)人大常委会负责同志列席全国人大常委会会议;定期召开情况通报会,及时向地方通报全国人大常委会有关工作情况;健全向地方人大征询立法意见机制。常委会部署开展执法检查时,请有关省(区、市)协同开展相关检查。有关专门委员会、常委会工作机构通过座谈会、通报会、学习班等形式,开展经验交流、专题研讨,加强同地方人大相关机构的工作联系和协同。积极推进地方人大信息化建设。经过连续3年的努力,完成了对全国2850多个县级人大常委会主任或副主任的集中培训。地方人大积极支持全国人大常委会的工作,在协助开展执法检查、专题调研、代表服务保障、对外交往等方面做了大量工作。
4) We strengthened ties with local people’s congresses.We continued to invite leading members of the standing committees of provincial-level people’s congresses to observe meetings of the Standing Committee; held briefings at regular intervals to keep local people’s congresses updated on the work of the Standing Committee; and improved mechanisms through which we solicit legislative opinions from local people’s congresses.When carrying out inspections of compliance with laws, the Standing Committee requested the assistance of the people’s congresses of the relevant provinces, autonomous regions, and municipalities directly under the central government. The special committees of the NPC and working bodies of the Standing Committee strengthened their contact and coordination with the relevant bodies of local people’s congresses through symposiums, briefings, and training sessions that served to facilitate the sharing of experience and discussion of particular issues. The Standing Committee actively promoted the application of information technology in local people’s congresses. Over the past three years, we have provided training for the chairperson or vice chairpersons of the standing committees of more than 2,850 county-level people’s congresses across the country. Local people’s congresses provided full support for the work of the Standing Committee, doing a great deal to assist us in inspecting compliance with laws, conducting research on special issues, ensuring services for deputies, and carrying out foreign relations work.
六、深化和拓展代表工作
6. We deepened and expanded work related to deputies to the NPC.
常委会坚持尊重代表主体地位,把充分发挥代表作用作为密切联系群众的主要渠道、作为提高常委会工作质量的重要基础,完善代表工作机制,不断提高代表工作水平。
The Standing Committee has continued to respect the principal position of deputies, believing that exerting their role is vital to strengthening our contact with the public and raising the quality of our work. We have improved our work mechanisms related to deputies in a constant effort to raise the standard of our deputy-related work.[/cn]
(一)进一步加强同全国人大代表的联系。落实委员长会议组成人员、常委会委员直接联系代表工作意见,通过多种方式听取代表对常委会工作的意见建议。继续扩大代表列席常委会会议和参与立法、监督、调研等活动。一年来,有370多名代表列席常委会会议,300多名代表参加常委会执法检查活动,600多名代表分别参加最高人民法院、最高人民检察院组织的视察调研活动。
[en]1) We strengthened our ties with NPC deputies.We implemented the system whereby members of the Chairperson’s Council and members of the Standing Committee maintain direct contact with NPC deputies, and heard deputies’ comments and suggestions on the work of the Standing Committee in a variety of ways. We invited more deputies to observe meetings of the Standing Committee and increased their participation in the Standing Committee’s legislation, oversight, and research activities. Last year, more than 370 deputies observed meetings of the Standing Committee, over 300 participated in the Standing Committee’s inspections of compliance with laws, and more than 600 took part in fact-finding investigations organized by the Supreme People’s Court and the Supreme People’s Procuratorate.
(二)认真审议代表议案、办理代表建议。去年大会主席团交付有关专门委员会审议的521件代表议案,已全部审议完毕。其中,91件议案涉及的17个立法项目、5个执法检查项目已经常委会审议通过或组织实施,22件议案涉及的8个立法项目正在审议,159件议案涉及的49个立法项目已列入常委会立法规划计划。有关专门委员会在审议过程中,认真研究采纳代表意见,及时提出了议案审议结果报告。
2) We carefully examined deputies’ proposals and handled their suggestions.The relevant special committees completed their examination of all 521 proposals referred to them by the Presidium of the Third Session of the 12th NPC last year. Pursuant to this, the Standing Committee has, after deliberations, adopted 17 legislative items and launched five law compliance inspection tasks cited in 91 of the proposals; is currently deliberating eight legislative items cited in 22 proposals; and has included 49 legislative items discussed in 159 proposals into the legislative plan. During the examination process, the special committees made earnest efforts to study and adopt the opinions of deputies and promptly prepared reports on the outcome of their examination.
去年大会期间代表提出的8239件建议、批评和意见,有关部门已经办理完毕并答复了代表。“一府两院”和有关方面高度重视代表建议办理工作。国务院常务会议专门听取国务院部门办理代表建议工作情况汇报,提出明确要求。各承办单位加强与代表的直接沟通,注重改进自身工作,推动有关问题解决。据统计,建议所提问题得到解决或者计划逐步解决的占建议总数的80.1%。我们将13个代表团、2638人次代表联名提出的185件建议归类合并,确定为20项重点督办建议,交由43家承办单位办理,并由全国人大7个专门委员会督办。经过多方面努力,办理工作取得明显成效。结合关于推进长江经济带建设、实施制造强国战略等一批建议的办理,有关部门制定出台了多项规划方案和政策措施,有力推动了相关工作开展。
All 8,239 suggestions, criticisms, and comments submitted by deputies during last year’s session of the NPC have been handled, and feedback has been given to deputies by the departments handling them. The State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, as well as relevant government departments attached great significance to the handling of deputies’ suggestions. The State Council convened an executive meeting exclusively to hear its departments’ reports on the handling of deputies’ suggestions, and set out clear requirements. The departments charged with the handling of suggestions strengthened their direct communication with deputies concerned and made dedicated efforts to improve the relevant aspects of their work and address the problems in question. According to statistics, 80.1% of the problems raised by deputies last year have been resolved or slated for gradual resolution. We grouped and condensed 185 suggestions jointly proposed by 2,638 deputies belonging to 13 delegations, ending up with 20 key suggestions to be addressed under our supervision. These suggestions were referred to 43 departments for implementation under the oversight of seven special committees of the NPC. Thanks to the efforts of all sides, notable progress has been made in the handling of these suggestions. In response to suggestions on, among other things, promoting the development of the Yangtze Economic Belt and turning China into a manufacturer of quality, the relevant departments formulated and introduced a number of plans, policies, and measures which have proven highly effective in advancing the relevant initiatives.
(三)支持和保证全国人大代表依法履职。组织1700多名代表参加专题调研,为代表参会履职打下了良好基础,也促进了代表深入基层、深入群众,了解社情民意。举办4期代表专题学习班、研讨班和1期少数民族代表学习班,最高人民法院、最高人民检察院、监察部、财政部的主要负责同志在学习班上作专题报告,1100多名代表参加,围绕主题开展学习研讨和交流,取得良好效果。
3) We supported and ensured deputies’ law-based performance of their duties.We organized for more than 1,700 deputies to participate in dedicated research activities. This not only prepared them for attending this session of the NPC and performing their duties, but also helped them to enter communities, interact with the general public, and gain a better understanding of social conditions and popular feelings. We successfully organized four study sessions and seminars on special topics for deputies, as well as one study session for ethnic minority deputies. At the sessions, the principal leaders of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Supervision, and the Ministry of Finance delivered specialized reports, following which more than 1,100 attending deputies discussed and exchanged views on the relevant topics.
七、积极开展对外交往工作
7. We actively carried out foreign relations work.
贯彻党和国家外交工作总体部署,充分发挥人大对外交往的特点和优势,积极开展同外国议会和多边议会组织的交流合作。
In accordance with the overall arrangements of the Party and state on diplomatic work, we have actively engaged in exchanges and cooperation with foreign parliaments and multilateral parliamentary organizations, making full use of the NPC’s unique strengths in developing foreign relations.
(一)巩固拓展议会机制交流。中国全国人大与俄罗斯联邦委员会、国家杜马共同建立新的中俄议会合作委员会并召开第一次会议,两国立法机关领导人共同主持,保持了中俄议会合作高水平运行。安排美国众议院高级别代表团访华并首次访问西藏,与欧洲议会举行2次机制交流会议,重启中断多年的中日议会交流机制。正式启动与蒙古国家大呼拉尔机制交流,与秘鲁、阿根廷议会建立政治对话机制。加强与主要大国的议会外交,提升互信水平,促进互利合作。
1) We consolidated and expanded the NPC’s mechanism-based exchanges with foreign parliaments.The NPC, the Russian Federation Council, and the State Duma of Russia jointly established the new China-Russia Parliamentary Cooperation Committee. The committee held its first meeting, which was co-chaired by the leaders of the legislative bodies of the two countries. This initiative has helped to maintain a high level of parliamentary cooperation between China and Russia. We arranged for a high-level delegation of the United States House of Representatives to visit China, which included the first ever visit to Tibet. We held two meetings with the European Parliament under the mechanism of regular exchanges and resumed our parliamentary exchanges with Japan, which had been suspended for years. We officially implemented the mechanism of regular exchanges with the State Great Hural of Mongolia and established mechanisms for political dialogue with Peruvian and Argentine congresses. We strengthened diplomacy with the parliaments of other major countries of the world in a bid to enhance mutual trust and mutually beneficial cooperation.
(二)扎实推进议会多边外交。2015年是世界反法西斯战争胜利和联合国成立70周年,委员长率团出席在美国纽约联合国总部召开的第四次世界议长大会,提出将“和平与发展”列入大会主题、把消除贫困和促进经济社会发展作为2030年可持续发展议程的核心目标等主张;出席在俄罗斯举行的首次金砖国家议会论坛,丰富了金砖国家合作内容,增强了信心和凝聚力。积极参与各国议会联盟、亚太议会论坛、亚洲议会大会等多边组织活动,主动提出中国倡议,提升发展中国家的国际影响力,维护发展中国家共同利益。
2) We steadily promoted multilateral diplomatic activities among parliaments.The year 2015 marked the 70th anniversary of the end of the Global War against Fascism and the founding of the United Nations. As Chairman of the Standing Committee of the NPC, I led a delegation to the Fourth World Conference of Speakers of Parliament at the United Nations Headquarters in New York. At the conference, I proposed that peace and development be made a theme of the meeting and that eradicating poverty and promoting economic and social development be made core objectives of the 2030 Agenda for Sustainable Development. I also attended the first BRICS Parliamentary Forum in Russia, which further enriched cooperation among BRICS countries and enhanced their confidence and cohesion.We actively participated in the activities of multilateral organizations such as the Inter Parliamentary Union, the Asia-Pacific Parliamentary Forum, and the Asian Parliamentary Assembly. During these activities, we projected China’s voice and worked to expand the international influence of developing countries and safeguard their common interests.
(三)密切各层次友好往来。积极开展与俄罗斯、韩国、印度、法国、匈牙利等国家议会的高层交往,接待巴基斯坦、意大利、南非、孟加拉、越南等49个议会代表团和其他来访团。发挥外事委员会交流窗口作用,推进有关专门委员会、工作委员会与外国议会的对口交流。围绕深化务实合作、推动“一带一路”建设与有关国家发展战略对接,加强政策协调和法律保障,不断完善有利于合作的政策和法律环境。结合重点立法项目,积极开展立法经验互学互鉴。
3) We conducted friendly international exchanges at all levels.We actively engaged in high-level exchanges with the parliaments of Russia, the Republic of Korea, India, France, and Hungary and received 49 parliamentary or other delegations from countries including Pakistan, Italy, South Africa, Bangladesh, and Vietnam. We gave play to the role of the NPC’s Foreign Affairs Committee as a window for international exchanges, and encouraged the relevant special committees and working committees to engage in exchanges with their counterparts in foreign parliaments. With a view to deepening pragmatic cooperation and promoting the alignment of the Silk Road Economic Belt and 21st Century Maritime Silk Road Initiative (the Belt and Road Initiative) with the development strategies of the relevant countries, we engaged in a continued effort to foster policy and legal environments that are more conducive to cooperation by stepping up policy coordination and providing stronger legal guarantees. We also encouraged mutual learning, drawing on the experience of other countries with reference to our key legislative items.
我们在对外交往中,坚决维护国家主权、安全、发展利益。利用各种场合、采取多种形式,广泛宣传中国特色社会主义道路、理论、制度,广泛宣传中国发展的巨大成就,深入阐释中国梦的丰富内涵和重大意义,讲好中国人大故事,增进国际社会对中国的了解、信任和支持。
During our international exchanges, we resolutely safeguarded China’s sovereignty, security, and development interests. On numerous occasions and in a variety of ways, we publicized the path, theory, and system of socialism with Chinese characteristics, informed the outside world of China’s achievements in development, explained the meaning and significance of the Chinese Dream, and shared the story of the NPC, thereby winning China more understanding, trust, and support from the international community.
八、大力加强自身建设
8. We redoubled self-improvement efforts.
始终把思想政治建设放在首位,坚持用邓小平理论、“三个代表”重要思想、科学发展观和习近平总书记系列重要讲话精神武装头脑、指导实践、推动工作,坚定中国特色社会主义道路自信、理论自信、制度自信。深入开展“三严三实”专题教育,坚定理想信念,切实增强思想自觉和行动自觉,始终以严和实的精神做好人大工作。坚持不懈抓作风建设,继续改进会风文风,积极开展调查研究。深入推进党风廉政建设和反腐败斗争,努力营造风清气正、干净干事的良好氛围。坚持常委会党组集体学习制度,认真办好常委会专题讲座,全面提升运用法治思维和法治方式开展工作、解决问题的能力。全国人大机关切实贯彻“三严三实”要求,全面加强思想、组织、作风和制度建设,在全国人大工作中充分发挥了参谋助手和服务保障作用。
Attaching primary importance to enhancing theoretical competence and fostering political integrity, we armed ourselves with Deng Xiaoping Theory, the Theory of Three Represents, the Scientific Outlook on Development, and the guiding principles from General Secretary Xi Jinping’s major policy addresses, and used them to guide our practice and work. As a result, we have further strengthened our confidence in the path, theory, and system of socialism with Chinese characteristics, and fortified our shared ideals and convictions. Following in-depth study of the Three Stricts and Three Honests, we have become more purposeful in acting in line with them when carrying out the work of the NPC. In a persistent effort to improve our style of work, we continued to improve our meeting culture and style of writing, and actively carried out investigations and studies. We also advanced our effort to improve Party conduct, uphold integrity, and fight corruption, striving to foster a positive, upright, and clean working atmosphere. We continued to implement the system of collective study among members of the Leading Party Members’ Group of the Standing Committee, and made good use of Standing Committee seminars to comprehensively raise our capacity to think and act in accordance with the rule of law as we carry out our work and strive to resolve problems. The bodies of the NPC, by earnestly following the requirements of the Three Stricts and Three Honests, made comprehensive improvements with regard to their political integrity, organization, work style, and institutions, thereby being able to give full play to their role as an advisor, assistant, and service-provider in the work of the NPC.
常委会加强对各专门委员会的领导,注重发挥专门委员会的重要作用。各专门委员会结合实际认真履行法定职责,做了大量富有成效的工作。一是贯彻落实常委会立法规划,牵头起草种子法(修订)、证券法(修订)、野生动物保护法(修订)等法律草案,依法提请审议;对其他国家机关负责起草的法律案,提前介入起草工作,认真审议并提出报告;法律委员会加强法律案统一审议工作,积极采纳吸收各方面意见建议,广泛凝聚立法共识。二是围绕常委会确定的监督议题,具体组织实施执法检查,深入开展专题调研,提出务实中肯的改进意见建议,跟踪监督常委会审议意见研究处理情况;财政经济委员会加强经济运行情况分析,依法做好计划规划草案、预算决算草案的审查工作。三是认真审议代表议案,积极督促有关方面加大重点督办建议办理工作力度,努力做好对外交往、条约审议等工作,为提高全国人大及其常委会工作质量和水平作出了积极贡献。
The Standing Committee strengthened leadership over the work of special committees while emphasizing the need to maximize their role. The special committees earnestly performed their legally mandated duties and functions in light of the actual conditions and carried out a large number of highly effective initiatives. First, they ensured the implementation of the legislative plan formulated by the Standing Committee. They led the efforts to draft legislation such as revisions to the Seed Law, the Securities Law, and the Wildlife Protection Law, and submitted the drafts for deliberation as prescribed by law. They were also involved in the drafting of laws by other state organs at an early stage, and produced reports after careful deliberation. The Law Committee, in particular, enhanced its unified deliberation of drafts of legislation, adopted comments and suggestions from all sectors of society, and built up broad consensus on legislation. Second, with a focus on oversight topics selected by the Standing Committee, the special committees organized and conducted inspections of compliance with laws, carried out in-depth research on selected topics, made pragmatic and pertinent comments and suggestions, and conducted follow-up oversight over the adoption of comments issued by the Standing Committee. The Financial and Economic Affairs Committee, by strengthening analysis of economic performance, did a good job examining the government’s 2015 draft plan for national economic and social development as well as draft budgets and final accounts in accordance with the law. Third, they conscientiously examined deputies’ proposals, urged the relevant government departments to redouble their efforts in the handling of deputies’ key suggestions, and strived to deliver a sound performance in international exchanges and the deliberation of treaties, thereby making a positive contribution to improving the work of the NPC and its Standing Committee.
各位代表!
Fellow Deputies,
全国人大常委会工作取得的成绩,是在以习近平同志为总书记的党中央正确领导下,全国人大代表、常委会组成人员、各专门委员会组成人员和全国人大机关工作人员兢兢业业、履职尽责、扎实工作的结果,是国务院、最高人民法院、最高人民检察院和地方各级人大及其常委会密切配合、团结协作的结果,是全国各族人民充分信任、大力支持的结果。在此,我代表全国人大常委会表示崇高的敬意和衷心的感谢!
The achievements made by the Standing Committee last year came under the correct leadership of the CPC Central Committee headed by General Secretary Xi Jinping. They were the result of the hard work of NPC deputies, members of the NPC Standing Committee and special committees, and the staff of all NPC bodies; the close cooperation of the State Council, the Supreme People’s Court, the Supreme People’s Procuratorate, and local people’s congresses at all levels and their standing committees; and the full trust and great support of all of China’s people. On behalf of the Standing Committee, I would like to express our highest respect for and sincere gratitude to them all.
回顾过去一年的工作,我们清醒地认识到,同协调推进“四个全面”战略布局的新要求相比,同人大代表和人民群众的新期盼相比,我们的工作还存在一些差距和不足。在立法工作中的主导作用有待充分发挥,监督工作实效需要着力增强,发挥人大代表作用、密切联系群众的相关制度需要健全并更好落实,深入基层调研、回应社会关切尚有不足,人大理论研究有待加强,人大新闻宣传工作需要改进。我们要高度重视这些问题,虚心听取代表和各方面的意见建议,自觉接受监督,不断加强和改进各项工作。
Looking back on our work over the past year, we realize that there are still some deficiencies that have caused us to fall short of the new requirements for advancing the Four-Pronged Comprehensive Strategy in a coordinated manner, as well as the new expectations of deputies and the general public. We need to ensure that the NPC better plays its dominant role in the legislative process; devote major efforts to making our oversight more effective; improve and better implement systems enabling deputies to play their roles and maintain close ties with the people; address our inadequacies in carrying out research at the community level and responding to the concerns of the public; strengthen theoretical research on the system of people’s congresses; and achieve new progress in the NPC’s information and publicity work. Taking these problems seriously, we must listen to comments and suggestions from deputies and all sectors of society with an open mind, willingly subject ourselves to oversight, and consistently improve our work.
今后一年的主要任务
Major Tasks for This Year
2016年是全面建成小康社会决胜阶段的开局之年。全国人大常委会工作的总体要求是:高举中国特色社会主义伟大旗帜,全面贯彻党的十八大和十八届三中、四中、五中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神,按照“五位一体”总体布局和“四个全面”战略布局,牢固树立和贯彻落实创新、协调、绿色、开放、共享的新发展理念,坚持党的领导、人民当家作主、依法治国有机统一,依法行使职权,以立法、监督为重点,积极开展工作,为实现“十三五”时期经济社会发展良好开局、夺取全面建成小康社会决胜阶段的伟大胜利作出新贡献。
The year 2016 represents the first year of our decisive push to finish building a moderately prosperous society in all respects. The overall requirements for the work of the NPC Standing Committee this year are as follows: hold high the great banner of socialism with Chinese characteristics; comprehensively implement the guiding principles of the 18th National Party Congress and the third, fourth, and fifth plenary sessions of the 18th CPC Central Committee; follow the guidance of Deng Xiaoping Theory, the Theory of Three Represents, and the Scientific Outlook on Development; fully put into practice the guiding principles from General Secretary Xi Jinping’s major policy addresses; work in accordance with the overall plan for promoting all-round economic, political, cultural, social, and ecological progress and the Four-Pronged Comprehensive Strategy; firmly establish and put into effect the new vision of innovative, coordinated, green, open, and shared development; remain committed to integrating leadership by the Party, the position of the people as masters of the country, and the law-based governance of the country; perform our functions and powers in accordance with the law; carry out our work actively and diligently, with a focus on legislation and oversight; and make new contributions to helping China secure a good beginning to economic and social development in the 13th Five-Year Plan period and clinch a momentous victory in its decisive push to finish building a moderately prosperous society in all respects.
一、加强和改进新形势下立法工作,加快形成完备的法律规范体系
1. Strengthening and improving legislative work under the new circumstances and accelerating the formation of a complete framework of laws and regulations
法治是发展的可靠保障。党的十八届五中全会明确提出,加快建设法治经济和法治社会,把经济社会发展纳入法治轨道。常委会要认真实施修改后的立法法和调整后的立法规划,抓紧抓好重点领域立法,坚持立改废释并举,通过立法推动贯彻落实新发展理念;深入推进科学立法、民主立法,遵循和把握立法规律,着力提高立法质量,使每一项立法都符合宪法精神、反映人民意志、得到人民拥护,以良法促进发展、保证善治。
The rule of law constitutes a robust guarantee for development. The Fifth Plenary Session of the 18th CPC Central Committee called for accelerated efforts to bring economic and social development in line with the rule of law. The Standing Committee must fully enforce the revised Legislation Law and the adjusted legislative plan; focus and work effectively on legislation in key areas; make, revise, repeal, or interpret laws when necessary; and work to promote implementation of the new vision of development through legislation. We will make in-depth efforts to legislate effectively and democratically, become cognizant of and abide by the natural laws that surround legislative work, and pay extra attention to raising the quality of legislation, so as to ensure that every piece of legislation accords with the guiding principles of the Constitution, reflects the will of the people, and wins their support, and that we have good laws to promote development and ensure good governance.
(一)完善社会主义市场经济等方面法律制度。紧紧围绕使市场在资源配置中起决定性作用和更好发挥政府作用,着力提高经济社会发展和市场经济运行的法治化水平。制定民法总则,健全民事基本法律制度。制定环境保护税法、船舶吨税法、烟叶税法、粮食法、资产评估法等,修改证券法、中小企业促进法等。坚持绿色发展,促进生态文明建设,构建最严格的生态环境保护制度,修改水污染防治法、海洋环境保护法、野生动物保护法等。
1) We will improve the legal system underpinning the socialist market economy.Focusing on the goal of ensuring the market plays the decisive role and the government better plays its role in resource allocation, we will strengthen the rule of law in economic and social development and in the operation of the market economy. We will formulate general provisions of civil law in order to improve the basic system of civil law. We will work on a law on environmental protection tax, a tonnage tax law, a tobacco leaf tax law, a grain law, and an asset valuation law. We will revise the Securities Law and the Law on Promoting Small and Medium-sized Enterprises. With a continued commitment to green development and ecological progress, we will revise the Law on the Prevention and Control of Water Pollution, the Law on the Protection of the Marine Environment, and the Wildlife Protection Law, in a bid to put in place the most rigorous possible system for ecological conservation and environmental protection.
(二)统筹推进社会、文化等领域立法工作。在加强和创新社会治理方面,制定中医药法、社区矫正法,修改民办教育促进法、红十字会法。在深化文化体制改革方面,制定公共文化服务保障法、电影产业促进法等。在促进军民融合发展、深化国防和军队改革方面,制定国防交通法,修改现役军官法等。在推进反腐败立法方面,制定国际刑事司法协助法,研究修改行政监察法。制定境外非政府组织管理法、网络安全法等。
2) We will coordinate legislative work in social and cultural fields.In an effort to strengthen and make innovations in social governance, we will work on a law on traditional Chinese medicine and a community correction law and revise the Law on the Promotion of Privately-Run Schools and the Law on the Red Cross Society. To deepen the reform of the cultural sector, we will formulate a law for guaranteeing public cultural services and a law on promoting the film industry. To promote integrated military-civilian development and deepen the reform of national defense and the armed forces, we will work on a law on transportation for national defense purposes and revise the Law on Officers on Active Service. To push forward anti-corruption legislation, we will formulate a law on international criminal judicial assistance and explore possible revisions to the Law on Administrative Supervision. We will also work on a law on the management of international NGOs in China and a cyber-security law.
(三)做好改革试点授权决定相关工作。按照党中央的决策部署,依法及时作出有关改革试点的授权决定,确保在法治轨道上推进改革。认真审议有关授权试点工作情况的中期报告和到期报告,深入总结评估试点工作的做法和成效,依法推动试点经验推广复制,适时修改完善有关法律。
3) We will take necessary steps to authorize trial reforms.Acting in line with the decisions and plans of the CPC Central Committee, we will make law-based, timely decisions to authorize pilot reform projects so as to ensure that reform moves forward in line with the rule of law. We will carefully deliberate the mid-term and end-of-term reports of authorized pilot projects, conduct in-depth reviews and appraisals of practices developed in the projects and their effects, promote the spread of applicable practices to other areas in accordance with the law, and revise and improve the relevant laws at appropriate junctures.
(四)发挥人大在立法工作中的主导作用。坚持党对人大工作的领导,立法工作中的重大问题和重要立法项目,由常委会党组及时向党中央请示报告,依法按程序做好相关工作。加强人大对立法工作的组织协调和综合指导,健全相关专门委员会、常委会工作机构组织起草重要法律草案机制,推动和督促有关方面按照立法规划计划及时组织起草法律草案。发挥立法机关在表达、平衡、调整社会利益方面的重要作用,完善立法论证、听证、评估机制,建立对重大利益调整的论证咨询制度,制定立法项目征集和论证工作规范。
4) We will ensure that the NPC plays the dominant role in legislative work.In upholding the Party’s leadership over legislative work, the Leading Party Members’ Group of the Standing Committee will promptly request instructions from and submit reports to the CPC Central Committee on major issues and tasks in legislation, and will carry out the relevant tasks in accordance with the legally prescribed procedures. We will enhance the NPC’s role in organizing, coordinating, and providing overall guidance for legislative work; further develop the mechanisms under which special committees of the NPC and working bodies of the Standing Committee organize the drafting of important laws; and keep the relevant departments on track in organizing the drafting of laws as scheduled in the legislative plan. We will work to ensure that legislative bodies play their important role of voicing, balancing, and adjusting the interests of different sectors of society. We will improve the systems for legislative debate, hearing, and evaluation; establish a mechanism of debates and consultations on any major adjustments affecting different interests that may result from legislation; and formulate procedures for collecting and discussing legislative items.
二、依法行使监督职权,实行正确监督、有效监督
2. Exercising law-based, proper, and effective oversight
人大及其常委会监督“一府两院”的工作和实施有关法律情况,是人民代表大会制度的内在要求和制度安排,体现了国家一切权力属于人民的宪法原则。常委会要把宪法法律赋予的监督权用起来,紧扣党中央提出的新发展理念、改革举措、法治要求,坚持问题导向,坚持监督与支持相统一,确保宪法法律得到有效实施,促进“一府两院”依法行政、公正司法,推进结构性改革,推动“十三五”规划纲要全面实施。
The oversight by the NPC and its Standing Committee over the work of the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, and over compliance with laws, is an inherent requirement and institutional design of the system of people’s congresses and a practice that embodies the constitutional principle that all state powers belong to the people. The Standing Committee must effectively exercise the power of oversight granted to it by the Constitution and other laws, bearing close reference to the new vision of development, reform measures, and requirements for rule of law introduced by the CPC Central Committee. Taking a problem-oriented approach, the Standing Committee will integrate oversight with support; ensure the effective enforcement of the Constitution and other laws; and facilitate the efforts of the State Council to carry out administration in accordance with the law and the efforts of the Supreme People’s Court and the Supreme People’s Procuratorate to administer justice in an impartial way, so as to advance structural reform and ensure comprehensive implementation of the 13th Five-Year Plan.
(一)加强宪法实施监督。加强宪法宣传教育,弘扬宪法精神,开展好国家宪法日有关活动,组织好全国人大及其常委会选举、决定任命的国家工作人员宪法宣誓工作。加强备案审查工作,对新制定的行政法规、司法解释逐件进行主动审查研究,有重点地探索开展对地方性法规的主动审查,认真做好对各方面提出的审查建议的研究处理、反馈等工作,维护国家法制统一和宪法法律权威。
1) We will strengthen oversight over the enforcement of the Constitution.We will intensify publicity and education on the Constitution, promote the spirit of the Constitution, hold activities on the National Constitution Day, and organize government officials elected or appointed by the NPC or its Standing Committee to pledge allegiance to the Constitution. We will step up the recording and review of normative documents; take the initiative to review newly-formulated administrative regulations and judicial interpretations on an item-by-item basis; explore the Standing Committee-initiated review of local statutes in key areas; and carefully study, handle, and respond to suggestions from various sectors during reviews, so as to uphold the unity of our legal system and the authority of the Constitution and other laws.
(二)加强对法律实施情况的监督。检查食品安全法、水法、促进科技成果转化法、环境保护法、道路交通安全法、安全生产法等6部法律的实施情况;结合审议食品安全法、环境保护法、安全生产法等3个执法检查报告开展专题询问,增强针对性和实效性;加强跟踪督办,听取审议国务院关于研究处理老年人权益保障法、食品安全法执法检查报告及审议意见情况的反馈报告。听取审议国务院关于出境入境管理法执行情况的报告。开展水污染防治法实施情况专题调研。
2) We will strengthen oversight over compliance with laws.We will inspect compliance with six laws, specifically the Food Safety Law, the Water Law, the Law on Promoting the Application of Scientific and Technological Advances, the Environmental Protection Law, the Road Traffic Safety Law, and the Law on Workplace Safety. We will carry out dedicated inquiries based on our deliberations of the compliance inspection reports produced for the Food Safety Law, the Environmental Protection Law, and the Law on Workplace Safety, so that our inquiries will be more targeted and more effective. Intensifying follow-up oversight, we will hear and deliberate the State Council’s reports on how it has responded to our compliance inspection reports for the Law on Guaranteeing the Rights and Interests of Senior Citizens and the Food Safety Law as well as our comments. We will hear and deliberate a report from the State Council regarding the enforcement of the Law on Entry and Exit Administration, and conduct an investigation into the state of enforcement of the Law on the Prevention and Control of Water Pollution.
推动形成良好法治氛围和法治习惯,听取审议国务院关于“六五”普法决议执行情况的报告,依法作出有关加强社会主义法治宣传教育的决议。
We will work to ensure that the rule of law permeates the whole of society and takes root among the people. We will hear and deliberate the State Council’s report on the implementation of the resolution on launching the sixth five-year initiative to popularize knowledge of the law, and act in line with legally prescribed procedures to adopt a resolution on raising public awareness of the socialist rule of law.
(三)加大对财政预算决算的监督力度。听取审议2015年中央决算报告、2015年中央预算执行和其他财政收支的审计工作报告、预算执行情况报告;落实关于改进审计查出突出问题整改情况向全国人大常委会报告机制,听取审议国务院相关整改情况的报告,把督促审计查出突出问题整改工作与审查监督政府、部门预算决算工作结合起来;就常委会加强经济工作监督、加强中央预算审查监督两个决定的实施情况开展专题调研,把加强人大预算审查监督的改革任务落到实处。
3) We will strengthen oversight over government budgets and final accounts.We will hear and deliberate reports from the State Council on the central government’s final accounts for 2015, on the auditing of the performance of the central government budgets and other items of revenue and expenditure in 2015, and on the implementation of 2015 government budgets. In line with the mechanism under which the State Council reports to the NPC Standing Committee on the rectification of pronounced problems discovered in auditing, we will hear and deliberate the State Council’s report on its correction of such problems, and link efforts to oversee the correction of problems with efforts to inspect and oversee the budgets and final accounts of the State Council and its departments. We will conduct surveys on the implementation of the Standing Committee’s decisions on strengthening oversight over economic work and intensifying inspection of and oversight over the central government budgets, and put into effect all reform measures aimed at strengthening the NPC’s inspection of and oversight over government budgets.
(四)围绕推动经济社会发展加强监督。为加快形成引领经济发展新常态的体制机制,加强供给侧结构性改革,坚持和完善基本经济制度,听取审议国务院关于计划执行情况、深化财政转移支付制度改革、国有资产管理与体制改革、农林科技创新等工作情况的报告,开展建立政府综合财务报告制度专题调研;听取审议国务院关于2015年度环境状况和环境保护目标完成情况、高等教育改革与发展、自然保护区建设和管理工作情况的报告;围绕制定实施民族区域自治法配套法规情况、城市基层自治组织建设有关问题进行专题调研。
4) We will strengthen oversight aimed at promoting economic and social development.To speed up the formation of systems and mechanisms for guiding the new normal in economic development, provide impetus to supply-side structural reform, and ensure adherence to and refinement of the basic economic system, we will hear and deliberate reports from the State Council on the implementation of the 2015 plan for national economic and social development, on the progress achieved in deepening reform of the system of transfer payments, on the management of state-owned assets and the reform of their management system, and on scientific and technological innovation in agriculture and forestry. We will carry out research on establishing a comprehensive government financial reporting system. We will hear and deliberate the State Council’s reports on the environmental conditions and the fulfillment of environmental protection targets in 2015, on the reform and development of higher education, and on the development and management of nature reserves. We will carry out research on the formulation of supporting rules and regulations for the enforcement of the Law on Regional Ethnic Autonomy and on issues concerning the development of community-level self-governance organizations in cities.
为保证公正司法、提高司法公信力,以深化司法公开促进司法公正、加强侦查监督维护司法公正作为监督议题,分别听取审议最高人民法院、最高人民检察院有关工作报告。
In an effort to ensure impartial administration of justice and enhance judicial credibility, we will exercise oversight under the topics of promoting judicial impartiality through greater judicial openness and safeguarding judicial impartiality through enhanced oversight over investigation, and hear and deliberate the relevant work reports of the Supreme People’s Court and the Supreme People’s Procuratorate.
三、充分发挥代表主体作用,畅通代表联系人民群众渠道
3. Giving full play to the principal role of NPC deputies and doing more to help them better maintain contact with the people
深入落实直接联系代表制度,通过多种方式听取和反映代表对常委会立法、监督等工作的意见建议;完善向代表通报重要情况和征求意见工作,推动代表列席常委会会议、参加执法检查、参与专门委员会和工作委员会活动常态化,确保来自基层的代表都能列席一次常委会会议;建立计划、预算审查前听取人大代表和社会各界意见建议机制。组织好代表专题学习活动。推动“一府两院”加强与代表的联系,拓宽代表知情知政渠道。
We will thoroughly implement the system whereby we maintain direct contact with NPC deputies, and solicit and give expression to, by multiple means, their comments and suggestions on the Standing Committee’s legislative and oversight work. We will improve our efforts to brief deputies on the Standing Committee’s important initiatives and solicit their opinions. We will promote the establishment of permanent mechanisms allowing deputies to observe Standing Committee meetings, participate in inspections of compliance with laws, and join the activities of special committees and working committees, making sure that all local-level deputies to the NPC have at least one opportunity to sit in on a Standing Committee meeting. In addition, we will establish a mechanism under which we solicit the opinions of deputies and people from all sectors of society before deliberating the national economic and social development plan and government budgets. We will organize specific-topic study sessions for deputies. We will urge the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate to strengthen their ties with deputies and open up more channels for deputies to learn about state affairs and the government’s work.
制定完善人大代表联系人民群众制度的实施意见,推动健全代表联系人民群众的工作平台和网络平台,建立健全代表反映人民群众意见和诉求的处理反馈机制,拓宽和畅通社情民意表达和反映渠道,发挥人大代表桥梁纽带作用。
We will formulate guidelines on improving the system by which NPC deputies maintain contact with the people, enhance working and online platforms to facilitate contact between deputies and the public, establish a sound mechanism for relevant government departments to handle and give feedback on the comments and requests from the public that have been referred by deputies, and establish broader channels for the expression of social conditions and public sentiment, so as to give full play to the role that deputies play as a bridge between the government and the people.
完善代表议案审议、代表建议办理工作机制和方式方法,努力使审议办理过程成为国家机关密切联系代表、加强改进工作的过程。更多发挥人大代表参与起草和修改法律的作用,认真研究吸纳代表的意见建议;加强对代表建议办理工作的督促和协调,推动重点督办建议办理工作取得更多实效。
We will improve mechanisms and approaches for examining deputies’ proposals and handling their suggestions, so as to ensure that the process of examining and handling proposals and suggestions becomes a process whereby state bodies maintain close contact with deputies and improve their work. We will ensure NPC deputies play a bigger role in the drafting and revising of laws, and earnestly study and draw upon their comments and suggestions. We will urge and coordinate the efforts of relevant departments to handle deputies’ suggestions, helping these departments to improve their work through the handling of key suggestions.
按照党中央关于加强和改进代表工作的精神,加强代表思想、作风建设,支持选举单位依法加强代表履职监督,使人大代表珍惜人民赋予的权力,严格依法执行代表职务,模范遵守宪法法律,自觉遵守社会公德。
In line with the CPC Central Committee’s guidance on strengthening and improving the deputy-related work of the NPC, we will work to enhance the political integrity and conduct of deputies and support electoral bodies in strengthening their law-based supervision over deputies’ fulfillment of their duties, so as to ensure that deputies cherish the power granted to them by the people, carry out their duties in strict accordance with the law, observe the Constitution and other laws in an exemplary manner, and take the initiative in upholding common moral values.
四、在做好对外交往、新闻宣传、理论研究等工作和加强自身建设方面不断取得新成效
4. Making further progress in our work on foreign relations, information and publicity, and theoretical research while strengthening self-improvement
贯彻中央外交大政方针和总体部署,加强人大对外交往的谋划和运筹,重点做好与主要大国、周边国家和发展中国家议会的交往工作,充实议会机制交流内涵,丰富交流形式,充分发挥高层交往和专门委员会、友好小组、地方人大等多层次交往的作用,推进议会多边外交,扩大国际话语权和影响力,更好服从服务于“一带一路”建设和国家发展大局。
In accordance with the overall principles and plans of the CPC Central Committee for the country’s diplomatic work, we will strengthen the planning and management of the NPC’s foreign relations work, giving priorities to developing contact with the parliaments of major countries, China’s neighbors, and other developing countries. We will expand the scope of mechanism-based regular exchanges with foreign parliaments and explore more diverse ways of conducting exchanges. In addition to top-level exchanges, we will also make full use of exchanges at various other levels, such as those conducted by NPC special committees, friendship groups, and local people’s congresses. We will also promote multilateral contacts with foreign parliaments. We will make sure that these initiatives not only enhance China’s international influence and its weight in international discourse, but comply with and serve the Belt and Road Initiative and China’s overall development.
改进人大新闻宣传工作,大力宣传人民代表大会制度,加强对人大立法、监督、决定、选举等工作的宣传解读,加强对人大代表履职典型、地方人大工作经验的宣传介绍。创新人大宣传工作方式方法,充分发挥传统媒体、新兴媒体的功能,增强宣传工作实效。
We will improve the NPC’s information and publicity work. We will channel great energy into publicizing the system of people’s congresses; strengthen publicity and explanation of the NPC’s work regarding legislation, oversight, decision making, and election; and intensify activities to illustrate how exemplary NPC deputies perform their duties and how the work of local people’s congresses is carried out. We will explore new ways of carrying out the NPC’s publicity work, giving full expression to the functions of both traditional and emerging media, so as to improve the effectiveness of our publicity initiatives.
推进人大理论研究工作,加强对党的十八大以来以习近平同志为总书记的党中央关于坚持和完善人民代表大会制度、全面依法治国理论和实践创新成果的研究和阐释,加强人大智库建设,积极探索人大工作特点和规律,为做好新形势下人大工作提供理论支撑和智力支持。
We will advance the NPC’s theoretical research work, increasing our efforts to study and explain the new theories and practices with regard to upholding and improving the system of people’s congresses and fully advancing the law-based governance of China developed by the CPC Central Committee headed by General Secretary Xi Jinping since the 18th National Party Congress. We will enhance the development of think tanks for the NPC’s theoretical research, and actively study the features and underlying laws of the NPC’s work. These efforts will help to provide theoretical and intellectual support for the sound performance of the NPC under new circumstances.
认真做好联系指导地方人大的相关工作,推动地方人大全面贯彻落实党中央关于加强县乡人大工作和建设的精神,密切工作联系,完善工作协同,加强工作指导,发挥人大工作整体功效。召开全国地方立法研讨会,继续办好立法法培训班,指导地方立法工作。
We will maintain close ties with and provide guidance for local people’s congresses. We will urge local people’s congresses to fully implement the CPC Central Committee’s guidelines on strengthening the work and development of people’s congresses at the county and township levels. We will maintain close contact and improve coordination with local people’s congresses, and strengthen guidance over their work, so as to maximize the overall efficiency of people’s congresses. We will hold a national forum on local legislation, continue to provide training on the revised Legislation Law, and better guide local people’s congresses in their legislative work.
认真做好全国县乡两级人大换届选举有关工作,坚持党的领导,充分发扬民主,严格依法办事,加强换届选举工作指导和督促,确保选举工作风清气正,确保选举结果人民满意。
We will ensure that a good job is done in the elections of new people’s congresses at county and township levels across the country. Adhering to the Party’s leadership, we will fully promote democracy, follow procedures in strict accordance with the law, and strengthen guidance and monitoring of the election work, in order to ensure that elections are held honestly and election results meet public expectations.
进一步加强常委会自身建设,自觉坚持党的领导,严守政治纪律和政治规矩。切实增强政治意识、大局意识、核心意识、看齐意识,围绕党中央决策部署履职尽责。推动践行“三严三实”要求常态化、长效化,认真开展“学党章党规、学系列讲话,做合格党员”学习教育,持之以恒抓好作风建设和廉政建设,积极营造良好的政治生态。
We will further strengthen the self-improvement of the Standing Committee, conscientiously uphold the Party’s leadership, and ensure that political discipline and rules are strictly observed. We will work to raise our awareness of the need to uphold political integrity, keep in mind the bigger picture, follow the CPC as the core of the Chinese leadership, and act consistently with CPC Central Committee policy as we perform our duties and functions in accordance with the CPC Central Committee’s decisions and plans. In addition, we will work toward the establishment of a permanent effective mechanism for practicing the Three Stricts and Three Honests; launch a drive to help our Party members better meet Party standards by studying the Party Constitution, Party regulations, and General Secretary Xi Jinping’s major speeches; and make unremitting efforts to improve our work style, foster integrity, and create a healthy political environment.
各位代表!中华民族伟大复兴的光明前景召唤着我们,全面建成小康社会的重大使命激励着我们。让我们更加紧密地团结在以习近平同志为总书记的党中央周围,把发展的眼光放得更远,把奋斗的脚步踩得更实,坚定信心、锐意进取,为实现“十三五”时期经济社会发展良好开局、夺取全面建成小康社会决胜阶段的伟大胜利、实现中华民族伟大复兴的中国梦而努力奋斗!
Fellow Deputies,The rejuvenation of the Chinese nation beckons us on the horizon, and the great mission of finishing building a moderately prosperous society in all respects is inspiring us to press forward. Rallying even closer around the CPC Central Committee headed by General Secretary Xi Jinping, let us set our sights on the future, keep our feet firmly on the ground, and forge ahead with confidence and determination, so as to ensure that China’s economic and social development gets off to a good start in the 13th Five-Year Plan period, that we clinch success in the decisive push to finish building a moderately prosperous society in all respects, and that the Chinese Dream of the rejuvenation of the Chinese nation can be fulfilled.