使用者:NPCObserver/14thNPCSCWorkReports/2023
全國人民代表大會常務委員會工作報告 (2023) | NPCSC Work Report (2023) |
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各位代表: | Fellow Deputies, |
現在,我受十三屆全國人民代表大會常務委員會委託,向大會報告工作,請予審議。 | On behalf of the Standing Committee of the 13th National People’s Congress (NPC), I now present this report on its work for your deliberation. |
過去一年及五年的主要工作 | The Major Work of the Past Year and the Past Five Years |
黨的十八大以來,面對嚴峻複雜的國際形勢和接踵而至的風險挑戰,以習近平同志為核心的黨中央團結帶領全黨全軍全國各族人民,採取一系列戰略性舉措,推進一系列變革性實踐,實現一系列突破性進展,取得一系列標誌性成果,推動我國邁上全面建設社會主義現代化國家新征程。我們黨勝利召開舉世矚目的第十九次、第二十次全國代表大會,深刻回答新時代新征程堅持和發展中國特色社會主義一系列重大理論和實踐問題,為全面建設社會主義現代化國家、全面推進中華民族偉大復興指明了前進方向、確立了行動指南,以其在政治上、理論上、實踐上的一系列重大成果載入史冊,也為做好新時代人大工作進一步指明了方向,提供了遵循。 | Since the 18th National Congress of the Communist Party of China in 2012, in response to grave, intricate international developments and a succession of risks and challenges, the Party Central Committee with Comrade Xi Jinping at its core has brought together the entire Party, the entire military, and the entire Chinese people and led them in adopting a number of strategic measures, developing a range of transformative practices, and making a series of breakthroughs and landmark advances, thereby setting China on a new journey toward building a modern socialist country in all respects.
The Communist Party of China’s 19th and 20th national congresses captured worldwide attention and provided profound answers to a number of major theoretical and practical questions on upholding and developing socialism with Chinese characteristics on the new journey in the new era. They charted a course and established a guide to action for building a modern socialist country in all respects and advancing national rejuvenation on all fronts. Rich in major political, theoretical, and practical achievements, the two congresses will go down in history. They set the direction and offered guidelines for carrying out the work of people’s congresses in the new era. |
過去一年,在以習近平同志為核心的黨中央堅強領導下,全國人大常委會認真貫徹黨的十九大、二十大精神,堅持高質量做好立法工作,制定法律5件,修改法律9件,通過有關法律問題和重大問題的決定4件,作出法律解釋1件;堅持高質量做好監督工作,檢查5件法律的實施情況,聽取審議23個監督工作報告,開展專題詢問,進行8項專題調研;堅持高質量做好代表工作,辦理代表議案487件、建議9349件,共有100多人次代表參與常委會、專門委員會、工作委員會的工作;堅持高質量做好外事工作,決定批准或者加入條約和重要協定14項,舉行雙邊視頻活動、線上出席國際會議116場,開展線下外事活動38場,外交信函往來近600件;依法任免國家機關工作人員393人次,圓滿完成十三屆全國人大五次會議確定的任務。 | Over the past year, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, the 13th NPC Standing Committee earnestly implemented the guiding principles from the Party’s 19th and 20th national congresses and accomplished all the tasks set forth at the Fifth Session of the 13th NPC in March 2022.
· In pursuing high-quality legislation, we formulated 5 laws, revised 9 laws, adopted 4 decisions on legal issues and major matters, and issued 1 legal interpretation. · In exercising effective oversight, we conducted inspections on the implementation of 5 laws, heard and deliberated 23 oversight reports, held special inquiries, and carried out 8 research projects. · In adhering to high standards in our work related to deputies, we processed 487 proposals and 9,349 suggestions from deputies and saw deputy attendance in the work of the Standing Committee, special committees, and working commissions and committees exceed 100. · In advancing our diplomatic agenda, we made decisions on ratifying or entering into 14 treaties and important agreements, organized and attended 116 bilateral video events and international video conferences, held 38 offline foreign affairs events, and exchanged nearly 600 diplomatic letters. · We approved 393 appointments and removals of employees of state institutions in accordance with the law. |
各位代表! | Fellow Deputies, |
十三屆全國人大常委會的五年任期,正逢黨和國家事業蓬勃發展的偉大歷史變革時期。常委會深刻領悟「兩個確立」的決定性意義,增強「四個意識」、堅定「四個自信」、做到「兩個維護」,始終堅定維護黨中央權威和集中統一領導,堅決貫徹黨的理論和路線方針政策,牢牢把握人大工作正確方向,緊跟黨中央重大決策部署,緊貼人民群眾對美好生活的期盼,緊扣推進國家治理體系和治理能力現代化的需求,貫徹全過程人民民主重大理念,緊緊依靠全體代表,依法行使立法權、監督權、決定權、任免權,切實履行黨和人民賦予的光榮職責,努力做到不負黨中央重託、不負人民期望的莊嚴承諾。 | The five-year term of the 13th NPC Standing Committee was a time of historic change in China in which the cause of the Party and the country flourished. We acquired a deep understanding of the decisive significance of establishing Comrade Xi Jinping’s core position on the Party Central Committee and in the Party as a whole and establishing the guiding role of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. We became more conscious of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment with the central Party leadership. We stayed confident in the path, theory, system, and culture of socialism with Chinese characteristics. We upheld Comrade Xi Jinping’s core position on the Party Central Committee and in the Party as a whole and upheld the Central Committee’s authority and its centralized, unified leadership.
We resolutely implemented the Party’s theories, lines, principles, and policies and kept the NPC’s work oriented in the right direction. We closely followed the Party Central Committee’s major decisions and plans, aligned ourselves with the people’s aspirations for a better life, and focused on the need to modernize China’s system and capacity for governance. We put into practice the important concept of whole-process people’s democracy and closely relied on all deputies in exercising our powers to enact laws, conduct oversight, make decisions, and appoint and remove officials in accordance with the law. We earnestly fulfilled the honorable duties conferred upon us by the Party and the people and strove to honor our solemn commitment to living up to the trust of the Party Central Committee and the expectations of the people. |
五年來,最重要的成果是,以習近平同志為核心的黨中央指導推動人大制度理論和人大工作實踐取得了重要進展:習近平總書記提出全過程人民民主重大理念,深刻闡釋我國社會主義民主的基本內涵、本質特徵、重大原則,對馬克思主義民主政治理論作出了原創性貢獻;習近平總書記關于堅持和完善人民代表大會制度的重要思想,明確人大「四個機關」的定位,標誌着人民代表大會制度更加成熟定型、更加鞏固完善;黨中央首次召開人大工作會議,習近平總書記發表重要講話,對新時代堅持和完善人民代表大會制度、加強和改進人大工作作出系統部署;人民代表大會制度把堅持黨的領導、人民當家作主、依法治國三者真正打通、有機統一起來,發揮支撐國家治理體系和治理能力的根本政治制度作用;人民代表大會制度的整體功效得到充分彰顯,在實踐中顯示出強大的生命力和巨大的優越性,確保人民依法通過各種途徑和形式管理國家事務,管理經濟和文化事業,管理社會事務。 | Over the past five years, our most important achievements are progress in developing the theory on the people’s congress system and in carrying out the practical work of the people’s congresses with the guidance and encouragement of the Party Central Committee with Comrade Xi Jinping at its core.
Specifically, General Secretary Xi Jinping put forward the important concept of whole-process people’s democracy and expounded the basic meaning, defining features, and major principles of China’s socialist democracy, thus making an original contribution to Marxist theory on democracy. His thinking on upholding and improving the people’s congress system clarified the four-fold role of people’s congresses. This marked a step forward in better defining the people’s congress system and making it more mature, consolidated, and complete. In October 2021, the Party Central Committee held the first-ever conference on people’s congresses』 work, where General Secretary Xi Jinping gave an important speech and laid out systematic plans for upholding and improving the people’s congress system and strengthening and enhancing the work of people’s congresses in the new era. The system of people’s congresses has ensured the genuine and organic integration of Party leadership, the running of the country by the people, and law-based governance, and it serves as China’s foundational political system that underpins the country’s governance system and capacity. The people’s congress system has been brought into full play, and, in practice, it has displayed tremendous vitality and strengths. It provides safeguards for the people to manage state affairs, economic and cultural undertakings, and social affairs through various channels and in various ways in accordance with the law. |
五年來,通過憲法修正案,制定法律47件,修改法律111件次,作出法律解釋、有關法律問題和重大問題的決定決議53件,已經審議尚未通過的法律案、決定案19件;聽取審議182個監督工作報告和其他報告,檢查30件法律和決定實施情況,開展11次專題詢問、33項專題調研;2282件代表議案、43750件代表建議已全部辦理完畢,代表對議案建議辦理工作滿意度達到98%;決定批准或者加入條約和重要協定36項,組派、接待出來訪團組261個,舉行和參加雙多邊線上外事活動400餘場;依法任免國家機關工作人員1515人次。主要開展了以下工作。 | Over the past five years, we adopted an amendment to the Constitution, formulated 47 laws, conducted 111 rounds of revision to existing laws, and adopted 53 interpretations, decisions, and resolutions on legal issues and major matters. A total of 19 draft laws and decisions were deliberated and are pending adoption. We heard and discussed 182 reports on oversight work and other issues, inspected the implementation of 30 laws and decisions, and carried out 11 special inquiries and 33 research projects. All 2,282 proposals and 43,750 suggestions we received from deputies have been processed, with 98 percent of deputies reporting that they were satisfied with the handling of their proposals or suggestions. We made decisions on ratifying or entering into 36 treaties and important agreements, sent or received a total of 261 delegations, and held and attended over 400 bilateral and multilateral diplomatic events via video. We also approved 1,515 appointments and removals of employees of state institutions in accordance with the law. Our main work during the past five years was as follows. |
一、全面貫徹實施憲法,維護憲法權威和尊嚴 | 1. Ensuring full implementation of the Constitution and upholding its authority and sanctity |
在現行憲法公布施行40周年之際,習近平總書記發表重要文章,深刻闡釋憲法的崇高地位,強調堅持和加強黨對憲法工作的全面領導,要求把憲法實施貫穿到治國理政各方面全過程,為全面貫徹實施憲法指明了方向。 | In his article marking the 40th anniversary of the current Constitution, General Secretary Xi Jinping discussed the Constitution’s supremacy, emphasized the importance of upholding and strengthening the Party’s overall leadership over constitutional work, and called for the implementation of the Constitution in all aspects of China’s governance, thereby setting the direction for putting the Constitution into full effect. |
(一)完善憲法及憲法相關法。十三屆全國人大一次會議通過憲法修正案,明確中國共產黨領導是中國特色社會主義最本質的特徵,確立習近平新時代中國特色社會主義思想在國家政治和社會生活中的指導地位。健全人大組織制度、選舉制度和運行機制,修改選舉法、全國人大常委會議事規則,提請代表大會審議修改全國人大組織法、全國人大議事規則、地方組織法,審議立法法修正草案並提請大會審議。制定監察法、監察官法、公職人員政務處分法,作出關於國家監察委員會制定監察法規的決定。修改人民法院組織法、人民檢察院組織法、法官法、檢察官法,制定人民陪審員法。修改公務員法、工會法、村民委員會組織法、城市居民委員會組織法。制定英雄烈士保護法,修改國旗法、國徽法,推動落實國歌法有關規定,依法維護英雄烈士尊嚴和合法權益,維護國家象徵和標誌尊嚴,弘揚社會主義核心價值觀和愛國主義精神,承擔起依法維護國家意識形態安全的政治責任。 | (1) We improved the Constitution and relevant laws.
The amendment to the Constitution adopted at the First Session of the 13th NPC in March 2018 made it clear that the leadership of the Communist Party of China is the defining feature of socialism with Chinese characteristics, and it established the guiding role of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era in China’s political and social activities. We improved the organizational and electoral systems of people’s congresses and their operating mechanisms. We revised the Electoral Law and the Rules of Procedure of the NPC Standing Committee. We submitted to the NPC for deliberation draft revisions of the NPC Organic Law, the NPC Rules of Procedure, and the Organic Law of Local People’s Congresses at All Levels and Local People’s Governments at All Levels. We deliberated the draft revisions to the Legislation Law and submitted them to this session for deliberation. We formulated the Supervision Law, the Supervisory Officers Law, and the Law on Administrative Action for Public Employees and made a decision on the formulation of supervisory regulations by the National Commission of Supervision. We revised the Organic Law of the People’s Courts, the Organic Law of the People’s Procuratorates, the Judges Law, and the Procurators Law and formulated the People’s Jurors Law. We revised the Civil Servants Law, the Trade Union Law, the Organic Law of Villagers』 Committees, and the Organic Law of Urban Residents』 Committees. We formulated the Law on the Protection of Heroes and Martyrs, revised the National Flag Law and the National Emblem Law, and promoted the implementation of relevant stipulations in the National Anthem Law. With these efforts, we protected the dignity and legal rights and interests of our heroes and martyrs, preserved the dignity of our national symbols, and championed patriotism and the core socialist values, thus assuming our political duty to ensure China’s ideological security in accordance with the law. |
(二)維護特別行政區憲制秩序。十三屆全國人大三次會議根據憲法通過關於建立健全香港特別行政區維護國家安全的法律制度和執行機制的決定,常委會根據大會授權制定香港特別行政區維護國家安全法,並決定將其列入香港基本法附件三,明確由香港特別行政區在當地公布實施,扭轉香港在國家安全領域長期不設防的嚴峻局面。對香港國安法有關條款作出解釋,進一步明確香港國安委和行政長官在處理國家安全問題上的地位和職責。十三屆全國人大四次會議根據憲法通過關於完善香港特別行政區選舉制度的決定,常委會根據大會授權修訂香港基本法附件一和附件二,完善行政長官和立法會兩個產生辦法,作出關於香港特別行政區立法會議員資格問題的決定等,形成一套有效的民主選舉制度。先後就澳門特別行政區對橫琴口岸澳方口岸區及相關延伸區實施管轄、在粵港澳大灣區內地九市開展香港法律執業者和澳門執業律師從業試點等事項作出決定,推動香港、澳門更好融入國家發展大局。關於特別行政區的一系列立法和決定,落實「一國兩制」、「港人治港」、「澳人治澳」、高度自治方針和「愛國者治港」、「愛國者治澳」原則,充分體現中央全面管治權,為推動香港進入由亂到治走向由治及興的新階段、保持香港澳門長期繁榮穩定提供了有力法治保障。 | (2) We maintained constitutional order in the special administrative regions.
In May 2020, a decision on establishing a sound legal system and enforcement mechanisms for the Hong Kong Special Administrative Region (SAR) to safeguard national security was adopted in accordance with the Constitution at the Third Session of the 13th NPC. As authorized at the Session, we formulated the Law on Safeguarding National Security in the Hong Kong SAR and decided to add it to Annex III to the Basic Law of the Hong Kong SAR, to be promulgated and implemented locally by the Hong Kong SAR. This filled a long-existing legislative vacuum with regard to national security in Hong Kong. We also adopted an interpretation of certain articles in the Law on Safeguarding National Security in the Hong Kong SAR, further clarifying the position and duties of the Committee for Safeguarding National Security and the chief executive of Hong Kong in dealing with national security issues. In March 2021, a decision on improving the electoral system of Hong Kong was adopted in accordance with the Constitution at the Fourth Session of the 13th NPC. We revised Annex I and Annex II to the Basic Law of the Hong Kong SAR as authorized at the Session to improve the methods for the selection of the chief executive and for the formation of the Legislative Council, and we also adopted a decision on issues regarding the qualifications of members of the Legislative Council, thus helping develop an effective system for democratic election. We adopted decisions to grant the Macao SAR jurisdiction over the Macao side of the Hengqin port and related extended areas and to launch trials for allowing lawyers from Hong Kong and Macao to practice in nine mainland cities in the Greater Bay Area, in order to support Hong Kong and Macao in better integrating themselves into China’s overall development. In adopting the legislation and decisions concerning the special administrative regions, we fully implemented the policy of One Country, Two Systems, under which the people of Hong Kong administer Hong Kong and the people of Macao administer Macao, both with a high degree of autonomy. We worked to see that Hong Kong and Macao are administered by patriots and that the central government exercises overall jurisdiction over the two regions. These efforts provided a strong legal foundation for Hong Kong’s entry into a new stage in which it has restored order and is set to thrive and for ensuring the long-term prosperity and stability of Hong Kong and Macao. |
(三)加強合憲性審查工作、提高備案審查工作質量。建立健全合憲性審查工作機制,在立法修法的事前、事中、事後開展全過程、常態化的合憲性審查。就人口與計劃生育法修正草案中的合憲性問題,形成涉及憲法規定問題的研究意見。及時回應、妥善處理保護公民通信自由和通信秘密、統一城鄉人身損害賠償標準、民族地區推廣使用國家通用語言文字等社會關切,確保法律法規和政策舉措符合憲法規定、憲法原則、憲法精神。制定法規、司法解釋備案審查工作辦法,建立健全備案審查銜接聯動機制、常委會聽取審議備案審查年度工作情況報告制度,成立備案審查專家委員會,備案審查工作制度化、規範化、專業化水平顯著提升。堅持有件必備、有備必審、有錯必糾,對報送備案的7261件規範性文件逐件進行審查,對公民、組織提出的17769件審查建議逐件進行研究,認真提出處理意見;對涉及生態環境保護、優化營商環境、食品藥品安全、人口與計劃生育、民法典貫徹實施、行政處罰等20多個領域的規範性文件開展專項審查和清理,督促推動制定機關修改或廢止2.5萬多件,維護了公民合法權益和國家法治統一。 | (3) We strengthened constitutional review and enhanced the recording and review of normative documents.
We developed sound working mechanisms for constitutional review and conducted ex ante, interim, and ex post constitutional reviews on a regular basis throughout our legislation and revision processes. In response to questions regarding the constitutionality of the draft revisions of the Population and Family Planning Law, we issued opinions based on our research into relevant matters stipulated by the Constitution. We responded promptly to public concerns, including on protecting freedom of correspondence and privacy of correspondence, establishing unified personal injury compensation standards for urban and rural residents, and promoting the use of standard spoken and written Chinese in areas with large ethnic minority populations. We worked to see that all laws, regulations, policies, and measures conformed to the Constitution both in letter and in spirit. We formulated methods for recording and reviewing regulations and judicial interpretations. We developed sound mechanisms for coordinating recording and review work and for hearing and deliberating an annual report on this work. We also established an expert committee for recording and review. Our work in this area has become significantly more institutionalized, procedure-based, and professional. We made it a rule to put on record all documents that are subject to recording, to review all recorded documents, and to correct all errors identified. As such, we reviewed all 7,261 normative documents submitted for recording and review and examined 17,769 suggestions for review from citizens and organizations, offering opinions on how to deal with them. We reviewed and overhauled normative documents in over 20 areas, including environmental protection, improvement of the business environment, food and drug safety, population and family planning, implementation of the Civil Code, and administrative penalties, and we urged relevant formulating bodies to revise or rescind more than 25,000 documents. By doing so, we protected the legal rights and interests of our citizens and upheld the unity of the law. |
(四)推動憲法實施和宣傳教育。認真組織開展每年的國家憲法日活動,召開國家憲法日座談會,推動憲法實施成為全體人民的自覺行動。實施憲法規定的相關制度,兩次作出關於授予國家勳章和國家榮譽稱號的決定,表彰為新中國建設和發展建立卓越功勳的傑出人士和為促進中外交流合作作出傑出貢獻的國際友人,表彰在抗擊新冠肺炎疫情鬥爭中作出傑出貢獻的人士;作出關於對部分服刑罪犯予以特赦的決定,經法定程序特赦服刑罪犯23593人,彰顯了社會主義的人道主義精神。組織常委會任命的132人次國家工作人員進行憲法宣誓,增強公職人員貫徹實施憲法的自覺性、主動性。 | (4) We promoted compliance with and public awareness of the Constitution.
We organized activities and symposiums to mark National Constitution Day every year, helping people everywhere become more mindful of the Constitution. In line with the Constitution, we made two decisions to confer national medals and titles of honor to commend prominent figures who have achieved outstanding accomplishments in the development of the People’s Republic of China, foreign friends who have contributed greatly to cooperation and exchanges between China and other countries, and people who have made outstanding contributions in the fight against Covid-19. We also decided to grant special pardons to certain criminals serving sentences, with a total of 23,593 criminals being pardoned through legal procedures, demonstrating the socialist humanitarian spirit. We organized ceremonies for 132 newly appointed officials to pledge allegiance to the Constitution, helping increase our public employees』 sense of purpose and motivation regarding constitutional implementation. |
在推動實施憲法的實踐中,我們更加深刻認識到,憲法集中體現了黨和人民的統一意志和共同願望,是國家意志的最高表現形式,具有根本性、全局性、穩定性、長期性。憲法規定的是國家的重大制度和重大事項,在國家和社會生活中具有總括性、原則性、綱領性、方向性。憲法的生命在於實施,憲法的權威也在於實施。要與時俱進完善和發展憲法,健全保證憲法全面實施的制度體系,完善憲法相關法律制度和機制,確保在法治軌道上推進國家治理體系和治理能力現代化、建設社會主義現代化國家。 | In promoting its implementation, we have become more keenly aware that the Constitution embodies the collective will and common aspirations of the Party and the people; that it is the highest form of expression of the state’s will; and that it is foundational, overarching, stable, and enduring. The Constitution contains provisions on the country’s major systems and matters, and it bears overall, principled, programmatic, and guiding significance for the nation and society. The very life of the Constitution is in its implementation, as is its authority. We must improve and develop the Constitution in keeping with the times, improve the institutional framework for ensuring its full implementation, and update relevant legal systems and mechanisms, so as to provide a legal footing for efforts to modernize China’s system and capacity for governance and build a modern socialist country. |
二、完善中國特色社會主義法律體系,以良法促進發展、保障善治 | 2. Improving the socialist legal system with Chinese characteristics and making good laws to promote development and ensure good governance |
適應新時代對立法工作提出的新要求,緊扣實現國家治理體系和治理能力現代化的重大部署,聚焦法治領域短板和弱項,加強重點領域、新興領域、涉外領域立法,增強立法系統性、整體性、協同性、時效性。 | Adapting to the new requirements for our legislative work in the new era, we closely followed the major plans for modernizing China’s system and capacity for governance, bolstered legislation in key areas, emerging areas, and foreign-related areas to shore up shortcomings and weaknesses in advancing the rule of law, and made our legislative work more systematic, holistic, coordinated, and responsive. |
(一)圍繞促進高質量發展立法。常委會會議7次審議民法典草案有關內容並7次公開徵求意見,十三屆全國人大三次會議審議通過我國首部法典民法典。制定外商投資法、海南自由貿易港法,推動新一輪高水平對外開放。及時制定鄉村振興促進法,修改種子法、農村土地承包法、土地管理法、農產品質量安全法、畜牧法,審議農村集體經濟組織法草案等,助推鄉村振興、農業農村優先發展。制定電子商務法、期貨和衍生品法,修改反壟斷法、證券法、安全生產法、審計法、城市房地產管理法、台灣同胞投資保護法、對外貿易法,審議金融穩定法草案、公司法修訂草案等,推動形成更加公平合理的市場經濟法律制度。修改專利法、著作權法、科學技術進步法,助力科技強國建設,推動實現科技自立自強。落實稅收法定原則,制定耕地占用稅法、車輛購置稅法、資源稅法、城市維護建設稅法、契稅法、印花稅法,修改個人所得稅法,審議增值稅法草案,現行18個稅種中已有12個稅種制定法律,進一步完善稅收法律制度體系。 | (1) We advanced legislative work to promote high-quality development.
We conducted seven rounds of deliberation on China’s first-ever code, the Civil Code, and solicited public opinions on seven occasions before it was deliberated and adopted at the Third Session of the 13th NPC. We formulated the Foreign Investment Law and the Hainan Free Trade Port Law to support a new round of high-standard opening up. In order to stimulate rural revitalization and prioritize agricultural and rural development, we enacted the Rural Revitalization Promotion Law in a timely manner; revised the Seed Law, the Law on the Contracting of Rural Land, the Land Administration Law, the Agricultural Products Quality and Safety Law, and the Animal Husbandry Law; and deliberated draft laws on rural collective economic organizations and other issues. In an effort to establish a fairer and more equitable legal system underpinning the market economy, we formulated the Electronic Commerce Law and the Law on Futures and Derivatives; revised the Anti-Monopoly Law, the Securities Law, the Workplace Safety Law, the Audit Law, the Urban Real Estate Administration Law, the Law on the Protection of Investment of Taiwan Compatriots, and the Foreign Trade Law; and deliberated a draft law on financial stability, draft revisions to the Company Law, and other draft laws. We revised the Patent Law, the Copyright Law, and the Scientific and Technological Progress Law to help build China’s strength and self-reliance in science and technology. To ensure taxation is administered in accordance with the law, we enacted the Cultivated Land Occupation Tax Law, the Vehicle Purchase Tax Law, the Resource Tax Law, the Urban Maintenance and Construction Tax Law, the Deed Transfer Tax Law, and the Stamp Tax Law; we revised the Individual Income Tax Law; and we deliberated a draft law on value-added tax. With laws having been made for 12 out of 18 tax categories, we have further improved the legal system for taxation. |
(二)加快國家安全領域立法。把維護國家安全放在立法工作的重要位置,制定生物安全法、數據安全法、密碼法、陸地國界法、反有組織犯罪法,修改反恐怖主義法、國家情報法、檔案法、海上交通安全法,審議反間諜法修訂草案。加強涉外領域立法,制定反外國制裁法、出口管制法,審議對外關係法草案、外國國家豁免法草案,健全完善反制裁、反干涉、反「長臂管轄」的法律制度,為維護國家和人民利益提供法律保障。批准引渡、刑事司法協助、反極端主義、移管被判刑人、武器貿易、聯合軍事演習、反恐怖、民用航空等領域的條約和重要協定。制定國際刑事司法協助法,修改刑事訴訟法,為境外追逃追贓工作提供法律手段。制定海警法、軍人地位和權益保障法、預備役人員法、消防救援銜條例,修改國防法、人民武裝警察法、兵役法、軍事設施保護法,作出關於深化國防動員體制改革期間暫時調整適用相關法律規定、中國人民解放軍現役士兵銜級制度、軍隊戰時調整適用刑事訴訟法部分規定等決定,推動提高國防和軍隊建設法治化水平。 | (2) We accelerated legislation relating to national security.
Giving prominence to safeguarding national security in our legislative work, we formulated the Biosecurity Law, the Data Security Law, the Cryptography Law, the Land Border Law, and the Anti-Organized Crime Law; we revised the Counter-Terrorism Law, the National Intelligence Law, the Archives Law, and the Maritime Traffic Safety Law; and we deliberated draft revisions to the Counter-Espionage Law. To step up legislation in foreign-related fields, we enacted the Law on Countering Foreign Sanctions and the Export Control Law and deliberated draft laws on foreign relations and foreign state immunity. With these efforts, we improved the legal system for opposing foreign sanctions, interference, and long-arm jurisdiction and provided legal protection for the interests of our country and our people. We ratified treaties and important agreements in areas such as extradition, criminal judicial assistance, countering extremism, transfer of sentenced persons, arms trade, joint military exercises, counter-terrorism, and civil aviation. We formulated the Law on International Mutual Legal Assistance in Criminal Matters and revised the Criminal Procedure Law, thus providing legal means for pursuing fugitives who have fled abroad and recovering stolen state assets. We formulated the Coast Guard Law, the Law on the Protection of the Status, Rights, and Interests of Servicepersons, the Reserve Forces Law, and the Regulations on Firefighter Ranks. We revised the National Defense Law, the Law on the People’s Armed Police, the Military Service Law, and the Law on the Protection of Military Installations. We made decisions on temporarily adjusting the application of certain laws during the reform of the national defense mobilization system, on the rank system for active-duty enlisted service members of the People’s Liberation Army, and on adjusting the application of certain provisions of the Criminal Procedure Law for the military during wartime. All this has helped strengthen the rule of law in national defense and military development. |
(三)形成生態環保法律制度體系。圍繞深化生態文明建設,加強生態環保立法,制定土壤污染防治法、噪聲污染防治法、濕地保護法,修改固體廢物污染環境防治法、野生動物保護法、森林法,制定長江保護法、黃河保護法、黑土地保護法,起草審議青藏高原生態保護法草案、海洋環境保護法修訂草案,通過關於全面加強生態環境保護、依法推動打好污染防治攻堅戰的決議。通過不懈努力,生態環保領域形成了由1部基礎性、綜合性的環境保護法,若干部涉及大氣、水、固體廢物、土壤、噪聲、海洋、濕地、草原、森林、沙漠等專門法律,長江保護法、黃河保護法、黑土地保護法及正在審議中的青藏高原生態保護法草案等4部特殊區域法律組成的「1+N+4」法律制度體系,有力推動了人與自然和諧共生的美麗中國建設。 | (3) We established a system of laws for environmental protection.
We stepped up legislative work in environmental protection to promote ecological advancement. We formulated the Law on the Prevention and Control of Soil Pollution, the Law on the Prevention and Control of Noise Pollution, and the Wetland Conservation Law and revised the Law on the Prevention and Control of Environmental Pollution by Solid Wastes, the Wildlife Protection Law, and the Forest Law. We formulated the Yangtze River Protection Law, the Yellow River Protection Law, and the Black Soil Protection Law; we drafted and deliberated a law on ecological conservation on the Qinghai-Tibet Plateau and revisions to the Marine Environment Protection Law; and we adopted a resolution on strengthening environmental protection across the board and advancing the battle against pollution in accordance with the law. Through unremitting efforts, we have developed a 「1+N+4」 legal system for environmental protection, which consists of the Environmental Protection Law as the foundational, umbrella law; a number of laws in specific areas including air, water, solid wastes, soil, noise, sea, wetlands, grasslands, forests, and deserts; and four laws for special regions, namely the Yangtze River Protection Law, the Yellow River Protection Law, the Black Soil Protection Law, and the draft law on ecological conservation on the Qinghai-Tibet Plateau currently under deliberation. In doing so, we have effectively advanced the Beautiful China Initiative, which aims to achieve harmony between humanity and nature. |
(四)做好社會建設和民生領域立法。保障公民受教育的權利,制定家庭教育促進法,修改教育法、職業教育法,推動提高教育現代化水平。制定強化公共衛生法治保障立法修法工作計劃,制定基本醫療衛生與健康促進法、疫苗管理法、醫師法,修改動物防疫法、藥品管理法,作出關於全面禁止野生動物非法交易和食用的決定。回應人民群眾反映強烈的問題,制定個人信息保護法、反電信網絡詐騙法、法律援助法、社區矯正法、反食品浪費法,修改民事訴訟法、行政處罰法、社會保險法、人口與計劃生育法、體育法,作出關於廢止有關收容教育法律規定和制度的決定,審議行政訴訟法修正草案等,用法治保障人民權益、增進民生福祉。通過刑法修正案(十一)。制定退役軍人保障法,修改婦女權益保障法、未成年人保護法、預防未成年人犯罪法,加強特殊群體權益保障。 | (4) We carried out legislative work to promote social development and improve the people’s wellbeing.
To protect our citizens』 right to education, we formulated the Family Education Promotion Law and revised the Education Law and the Vocational Education Law, thus driving modernization in the education sector. We drew up a work plan for enacting and revising laws to strengthen the rule of law in the public health sector. We formulated the Law on Basic Medical and Health Care and the Promotion of Health, the Vaccine Administration Law, and the Physicians Law; revised the Law on Animal Epidemic Prevention and the Drug Administration Law; and made a decision to completely ban the illegal trade and consumption of wildlife. Addressing issues of great public concern, we formulated the Personal Information Protection Law, the Law on Countering Telecom and Online Fraud, the Legal Aid Law, the Community Correction Law, and the Law on Food Waste; we revised the Civil Procedure Law, the Administrative Penalty Law, the Social Insurance Law, the Population and Family Planning Law, and the Physical Culture and Sports Law; we made a decision to abolish the system of custody and education for prostitution-related offenses and related legal regulations; and we deliberated draft revisions to the Administrative Procedure Law and other laws. These efforts have helped protect our people’s rights and interests and enhance public wellbeing through legal means. We passed Amendment XI to the Criminal Law. We formulated the Veterans Support Law and revised the Law on the Protection of Women’s Rights and Interests, the Law on the Protection of Minors, and the Law on Preventing Juvenile Delinquency, so as to provide stronger protection for the rights and interests of special groups. |
(五)作出授權決定或改革決定。回應全面深化改革提出的立法需求,確保國家發展、重大改革於法有據。圍繞深化國家機構改革,就國務院機構改革涉及法律規定的行政機關職責調整問題、全國人大憲法和法律委員會職責問題、中國海警局行使海上維權執法職權作出決定。修改57件次相關法律,3次授權國務院在自由貿易試驗區暫時調整適用有關法律規定,授權國務院提前下達部分新增地方政府債務限額、開展房地產稅改革試點、在營商環境創新試點城市暫時調整適用計量法有關規定,延長授權國務院開展農村土地改革、藥品上市許可持有人制度等試點期限,授權上海市人大及其常委會制定浦東新區法規,保證相關改革舉措和試點工作順利推進。圍繞深化司法體制綜合配套改革,先後決定設立上海、北京、成渝金融法院和海南自由貿易港知識產權法院。授權最高人民法院開展民事訴訟程序繁簡分流改革和四級法院審級職能定位改革試點工作,就專利等知識產權案件訴訟程序若干問題作出決定。聽取審議10個授權決定和改革決定實施情況的有關報告。 | (5) We made authorization and reform decisions.
In response to the legislative needs that arose in advancing reform across the board, we worked hard to ensure that all national development endeavors and major reforms have a solid legal basis. To deepen reform in state institutions, we issued decisions on adjusting the statutory functions of administrative bodies involved in the institutional reform of the State Council, on the functions of the NPC Constitution and Law Committee, and on China Coast Guard’s functions and powers with regard to protecting maritime rights and enforcing maritime law. To ensure smooth progress of reform initiatives and pilot projects, we conducted 57 rounds of revision on relevant laws; we authorized the State Council to temporarily adjust the application of certain laws in pilot free trade zones three times, to approve a proportion of new local government debt ceilings in advance, to launch reform trials for property tax, to temporarily adjust the application of certain provisions of the Metrology Law in pilot cities for business environment innovation, and to extend the trial periods for rural land reform and the drug marketing authorization holder system; and we authorized the Shanghai Municipal People’s Congress and its standing committee to formulate regulations for Pudong New Area. Focusing on advancing comprehensive and integrated reform of the judicial system, we made decisions to establish the Shanghai Financial Court, Beijing Financial Court, Chengdu-Chongqing Financial Court, and Hainan Free Trade Port Intellectual Property Court. We authorized the Supreme People’s Court to carry out reform trials for streamlining civil litigation procedures and defining the adjudicative functions of the four levels of courts, and we made a decision on litigation procedures for cases involving patents and other intellectual property rights. We heard and deliberated reports on the implementation of 10 authorization and reform decisions. |
五年來,在黨中央集中統一領導下,形成了黨委領導、人大主導、政府依託、各方參與的立法工作格局,有效發揮人大在立法選題、評估、論證、立項、協調、起草、徵求意見、審議等環節的主導作用;豐富立法形式,既注重「大塊頭」,也注重「小快靈」,廣泛採用專項立法修法計劃、立法工作專班、「小切口」立法、「一事一法」、推動區域協同立法和共同立法等方式和模式;深入推進科學立法、民主立法、依法立法,開展立法論證、立法協商工作,實施法律案通過前評估和立法後評估,共有154件次法律草案向社會公布徵求意見,109萬多人次參與,有效促進了立法質量和效率的提升。五年來推進高質量立法,進一步完善了中國特色社會主義法律體系,為全面建設社會主義現代化國家提供了更為完備的法律保障。 | Over the past five years, under the centralized, unified leadership of the Party Central Committee, a legislative framework has taken shape under which Party committees give guidance, people’s congresses play the leading role, the government offers support, and all stakeholders participate. We made sure that people’s congresses effectively played their leading role in selecting legislative subjects, evaluation, debate, launching projects, coordination, drafting, soliciting opinions, and deliberation. We enriched our approach to legislative work, devoting our attention to both substantial legislation and shorter, more efficient, high-impact legislation. We made extensive use of special plans for enacting and revising laws, legislative task forces, targeted and precise legislation, and case-specific legislation, and we encouraged the adoption of methods and models such as joint legislation and legislation based on regional collaboration.
We advanced legislative work in a scientific and democratic way in accordance with the law. We carried out legislative debates and consultations and conducted evaluations of legislative items both before and after their promulgation. We solicited 154 rounds of public opinion on draft laws and received more than 1.09 million comments. All of this effectively enhanced the quality and efficiency of our legislation. Over the past five years, we have made steady progress in advancing high-quality legislation, further improved the socialist legal system with Chinese characteristics, and provided more complete legal protection for efforts to build China into a modern socialist country in all respects. |
三、用好憲法賦予人大的監督權,實行正確監督、有效監督、依法監督 | 3. Making good use of the oversight power conferred upon the NPC by the Constitution and conducting appropriate, effective, and law-based oversight |
更好發揮人大監督在黨和國家監督體系中的重要作用,統籌運用法定監督方式,確保憲法法律得到有效實施,確保行政權、監察權、審判權、檢察權依法正確行使。 | We brought into better play the important role of oversight by people’s congresses in the Party and state oversight systems and employed a combination of statutory oversight methods to ensure that China’s Constitution and laws were effectively implemented and that administrative, supervisory, adjudicatory, and procuratorial powers were properly exercised in accordance with the law. |
(一)做好規劃計劃、預算決算審查監督和國有資產管理監督。修訂常委會關於加強經濟工作監督的決定,聽取審議國民經濟和社會發展計劃執行情況報告、「十三五」規劃綱要實施中期評估報告,審查批准「十四五」規劃和2035年遠景目標綱要。定期召開季度經濟形勢分析座談會,加強對計劃規劃初步審查、重大事項的監督。修訂關於加強中央預算審查監督的決定,深入落實人大預算審查監督重點拓展改革。連續五年聽取審議中央決算報告、預算執行情況報告、中央預算執行和其他財政收支的審計工作報告,聽取審議審計查出問題整改情況報告,督促整改問題的落實。圍繞特定重點領域財政資金監督,聽取審議財政醫療衛生資金、財政生態環保資金、財政農業農村資金、財政交通運輸資金、財政社會保障資金分配和使用情況報告,重點跟蹤監督政策實施和資金使用情況。加強對國有資產管理情況的監督是黨中央的決策,是賦予全國人大常委會的一項新職責。常委會作出關於加強國有資產管理情況監督的決定,制定實施國有資產管理情況監督工作五年規劃,在定期聽取審議年度國有資產管理情況綜合報告的基礎上,每年選取重點領域開展監督,分別聽取審議金融企業國有資產、行政事業性國有資產、企業國有資產、國有自然資源資產管理情況的專項報告,推動國有資產管理科學化、規範化。 | (1) We conducted examinations and oversight of plans, budgets, and final accounts and oversight of state-owned asset management.
We revised a decision on strengthening oversight of economic work, heard and deliberated reports on the implementation of plans for national economic and social development and the midterm assessment report on the implementation of the 13th Five-Year Plan (2016-2020), and examined and approved the Outline of the 14th Five-Year Plan for Economic and Social Development (2021–2025) and Long-Range Objectives through the Year 2035. We held quarterly meetings to analyze the economic situation and strengthened preliminary examination of plans and oversight of major matters. We revised a decision on strengthening examination and oversight of central government budgets and carried out reforms to expand the focus of budgetary examination and oversight by people’s congresses. Each year, we heard and deliberated reports on central final accounts, budget execution, and auditing of central budget execution and other fiscal revenues and expenditures, and we heard and deliberated reports on the rectification of problems discovered through audits and worked to see that these problems were truly resolved. Exercising oversight of government funds in specific key areas, we heard and deliberated reports on the allocation and use of government funds for medical and health care, environmental protection, agriculture and rural areas, transportation, and social security, with our focus on policy implementation and use of funds. Strengthening oversight of state-owned asset management was a decision made by the Party Central Committee and a new function conferred on the NPC Standing Committee. In response, we adopted a decision and formulated and implemented a five-year plan on enhancing oversight of state-owned asset management. Hearing and deliberating annual comprehensive reports on the management of state-owned assets, we selected key areas and conducted oversight each year. We heard and deliberated special reports on the management of state-owned assets held by financial firms, government offices and public institutions, and enterprises. We also heard and deliberated a special report on the management of state-owned natural resource assets. In doing so, we helped make state-owned asset management better planned and regulated. |
(二)聽取審議專項工作報告。在高質量發展領域,圍繞創新驅動發展、發展海洋經濟、外貿轉型升級、減稅降費、金融工作、股票發行註冊制改革、建設現代綜合交通運輸體系、數字經濟發展等聽取審議報告,推動解決制約重點領域、新興行業改革發展的突出矛盾和問題。在農業農村領域,聽取審議脫貧攻堅工作、深化農業供給側結構性改革、鄉村產業發展、農村集體產權制度改革、構建新型農業經營體系、鞏固拓展脫貧攻堅成果同鄉村振興有效銜接等報告,為全面推進鄉村振興發揮積極作用。在生態環保領域,連續五年聽取審議年度環境狀況和環保目標完成情況報告,聚焦大氣污染防治、水污染防治、土壤污染防治、固體廢物污染環境防治、長江流域生態環境保護、雄安新區和白洋淀生態保護等重點領域、重點區域和重點流域的環保工作聽取審議報告,以法治力量、法律武器推動污染防治、守護綠水青山。在社會事業領域,聽取審議就業工作、推動城鄉義務教育一體化發展、醫師隊伍管理、文化產業發展、學前教育事業改革和發展、社會保障體系建設、文物工作和文物保護法實施、教師隊伍建設和教師法實施、兒童健康促進工作、加強和推進老齡工作、有效減輕過重作業負擔和校外培訓負擔等報告,推動解決人民群眾反映強烈的問題。突出社會治理重點問題,聽取審議公安機關執法規範化建設、開展反腐敗國際追逃追贓工作、深化「三非」外國人治理等報告。聽取審議華僑權益保護工作情況報告。 | (2) We heard and deliberated work reports on specific issues.
Regarding the pursuit of high-quality development, we heard and deliberated reports on promoting innovation-driven development, developing the marine economy, transforming and upgrading foreign trade, reducing taxes and fees, carrying out financial work, introducing a registration-based IPO system, building a modern integrated transportation system, and developing the digital economy. In doing so, we pushed for the resolution of serious problems hindering reform and development in key areas and emerging sectors. With regard to agriculture and rural areas, we heard and deliberated reports on poverty alleviation, supply-side structural reform in agriculture, rural industry development, reform of the rural collective property system, establishment of a new system for agricultural operations, and efforts to consolidate and expand poverty alleviation achievements in support of rural revitalization. Through these efforts, we played a positive role in advancing rural revitalization on all fronts. In the area of environmental protection, we heard and deliberated the State Council’s annual reports on the state of the environment and progress on meeting environmental protection targets. We also heard and deliberated reports on environmental protection in key areas, regions, and river basins, including those on the prevention and control of air, water, soil, and solid waste pollution, ecological conservation and environmental protection in the Yangtze River basin, and ecological conservation in Xiong』an New Area and Lake Baiyangdian. We used the rule of law and legal tools to step up pollution prevention and control and protect China’s clear waters and green mountains. As for social programs, we heard and deliberated reports on employment, integrated development of compulsory education in urban and rural areas, management of physicians, development of cultural industries, reform and development of preschool education, development of the social security system, preservation of cultural heritage and implementation of the Cultural Heritage Protection Law, teacher training and implementation of the Teachers Law, promotion of children’s health, work related to the elderly, and efforts to reduce students』 homework and off-campus tutoring burdens. In doing so, we helped resolve issues of public concern. Giving greater weight to key issues in social governance, we heard and deliberated reports on ensuring procedure-based law enforcement by public security organs, pursuing corrupt officials hiding abroad and recovering stolen state assets, and doing more to address the illegal entry, residence, and employment of foreign nationals in China. We heard and deliberated a State Council report on the protection of the rights and interests of overseas Chinese nationals. |
(三)加強法律實施情況的監督。制定執法檢查工作辦法,從選題、組織開展、報告和審議、處理和反饋等各個環節作出全面規範。緊緊圍繞法律規定、法律條文,2018年檢查大氣污染防治法、統計法、傳染病防治法、防震減災法、農產品質量安全法、海洋環境保護法實施情況,2019年檢查水污染防治法、中小企業促進法、就業促進法、高等教育法、可再生能源法、漁業法實施情況,2020年檢查土壤污染防治法、關於全面禁止野生動物非法交易和食用的決定和野生動物保護法、農業機械化促進法、慈善法、反不正當競爭法、公共文化服務保障法實施情況,2021年檢查固體廢物污染環境防治法、中醫藥法、企業破產法、畜牧法、公證法、消防法實施情況,2022年檢查環境保護法、長江保護法、科學技術普及法、鄉村振興促進法、外商投資法實施情況。結合聽取審議專項工作報告和執法檢查報告,就大氣污染防治、解決判決「執行難」、加強民事訴訟和執行活動法律監督、財政醫療衛生資金分配和使用、促進中小企業發展、水污染防治、公益訴訟檢察、土壤污染防治、預算執行和其他財政收支審計查出問題整改、建設現代綜合交通運輸體系、固體廢物污染環境防治、環境保護等方面工作開展專題詢問。 | (3) We strengthened oversight of the implementation of laws.
We formulated methods for inspections into the implementation of laws to standardize the entire process including subject selection, organization, reporting, deliberation, rectification, and feedback. Firmly grounded in statutory provisions, we inspected the implementation of the following laws. 2018: Law on the Prevention and Control of Air Pollution, Statistics Law, Law on the Prevention and Control of Infectious Diseases, Law on Protecting against and Mitigating Earthquake Disasters, Law on the Quality and Safety of Agricultural Products, Marine Environment Protection Law 2019: Law on the Prevention and Control of Water Pollution, Law on Promoting Small and Medium-Sized Enterprises, Employment Promotion Law, Higher Education Law, Renewable Energy Law, Fisheries Law 2020: Law on the Prevention and Control of Soil Pollution, a decision to completely ban the illegal trade and consumption of wildlife, Wildlife Protection Law, Agricultural Mechanization Promotion Law, Charity Law, Law against Unfair Competition, Law on the Provision of Public Cultural Services 2021: Law on the Prevention and Control of Environmental Pollution by Solid Wastes, Law on Traditional Chinese Medicine, Enterprise Bankruptcy Law, Animal Husbandry Law, Notarization Law, Fire Prevention and Control Law 2022: Environmental Protection Law, Yangtze River Protection Law, Science and Technology Popularization Law, Rural Revitalization Promotion Law, Foreign Investment Law After hearing and deliberating work reports on specific issues and inspection reports on the implementation of laws, we conducted special inquiries into the following matters: preventing and controlling air pollution, solving difficulties in enforcing court judgments, increasing legal oversight of civil litigation and enforcement, the allocation and use of government funds for medical and health care, promoting development of small and medium-sized enterprises, preventing and controlling water pollution, public-interest litigation filed by procuratorates, preventing and controlling soil pollution, rectifying problems in budget execution and other fiscal revenues and expenditures discovered through audits, building a modern integrated transportation system, preventing and controlling environmental pollution by solid wastes, and environmental protection. |
(四)加強司法普法工作監督。圍繞促進司法公正,對「兩高」開展常態化監督。聽取審議最高人民法院解決判決「執行難」、刑事審判、民事審判、知識產權審判、涉外審判等工作情況報告。聽取審議最高人民檢察院加強民事訴訟和執行活動法律監督、開展公益訴訟檢察、適用認罪認罰從寬制度、辦理控告申訴案件、未成年人檢察等工作情況報告。圍繞推進法治宣傳教育,開展「七五」普法專題調研,聽取審議「七五」普法決議貫徹落實情況報告,作出「八五」普法決議,為全面建設社會主義現代化國家營造良好法治環境。 | (4) We stepped up oversight of the administration of justice and of work to promote legal literacy among the public.
With a focus on ensuring judicial impartiality, we conducted regular oversight of the Supreme People’s Court and the Supreme People’s Procuratorate. With regard to the Supreme People’s Court, we heard and deliberated its reports on resolving difficulties in enforcing court judgments, criminal trials, civil trials, adjudication involving intellectual property, and foreign-related adjudication. With regard to the Supreme People’s Procuratorate, we heard and deliberated its reports on strengthening legal oversight of civil litigation and enforcement, public-interest litigation filed by procuratorates, application of the plea bargaining system, processing of lawsuits and appeals, and procuratorial work relating to minors. To improve public communications and education on the rule of law, we carried out research on the seventh five-year initiative to increase legal literacy among the public, heard and deliberated a report on the implementation of the resolution on that initiative, and adopted a resolution on the initiative for the eighth five-year period. This contributed to the creation of a healthy rule of law environment for our efforts to build China into a modern socialist country in all respects. |
(五)推進專題調研成果運用。緊密結合立法、監督工作,開展脫貧攻堅、鄉村振興、糧食安全、生態環保、污染防治、設區的市地方立法、應對人口老齡化、珍惜糧食反對浪費等領域專題調研,推動解決事關人民群眾切身利益的熱點難點問題。開展國家安全法實施、監察體制改革和監察法實施情況專題調研,拓展新的領域監督工作。開展國民經濟和社會發展第十四個五年規劃綱要編制工作若干重要問題、財政補貼管理與改革、完善有利於調節收入分配的個人所得稅制度、發揮海外僑胞在共建「一帶一路」中的重要作用、以國家公園為主體的自然保護地體系建設、加強種質資源保護和育種創新情況等專題調研,推動解決經濟社會發展中的重點問題。開展民族教育發展工作、民族地區興邊富民行動「十三五」規劃實施、民族團結進步創建工作、人口較少民族經濟社會發展情況等專題調研,助力民族地區的發展進步。開展地方政府隱性債務、社會基本養老保險基金預算管理與改革、防範化解系統性金融風險、社會保險制度改革和社會保險法實施、政府投資基金管理與改革、地方政府專項債務管理與改革情況等專題調研,加強財政金融領域的有效監督。 | (5) We made sure our research outcomes were put to use.
In concert with our legislative and oversight work, we carried out research on poverty alleviation, rural revitalization, food security, environmental protection, pollution prevention and control, local legislation by cities with districts, the response to population aging, and the initiative to cherish food and oppose waste. In doing so, we helped address major and difficult issues that involved the people’s immediate interests. To expand the scope of our oversight, we carried out research on implementation of the National Security Law and on reform of the supervision system and implementation of the Supervision Law. We carried out research on major issues regarding the formulation of the 14th Five-Year Plan for National Economic and Social Development, management and reform of government subsidies, improvement of the individual income tax system to help regulate income distribution, measures to leverage the important role of overseas Chinese in the joint pursuit of the Belt and Road Initiative, development of a national park-based nature reserve system, and better protection of germplasm resources and innovation in plant breeding. This helped resolve key issues in our economic and social development. We carried out research on the development of education among ethnic minority groups, implementation of the 13th five-year plan on boosting development and raising living standards in border areas with large ethnic minority populations, initiatives to foster ethnic unity and progress, and economic and social development for ethnic groups with smaller populations. In doing so, we helped promote development and progress in areas with large ethnic minority populations. We carried out research on hidden local government debt, management and reform of budgets for basic old-age insurance funds, prevention and mitigation of systemic financial risks, reform of social insurance systems and implementation of the Social Insurance Law, management and reform of government investment funds, and management and reform of special local government debt. Our efforts made fiscal and financial oversight more effective. |
人大監督是具有法定權威、代表人民的監督。常委會始終堅持把「依法」二字貫穿監督工作全過程,依照法定職責、限於法定範圍、遵守法定程序、摳住法律規定進行監督,確保憲法法律有效實施和各國家機關依法履職;堅持跟蹤監督問效,聚焦黨中央重大決策部署、聚焦人民群眾所思所盼所願,持續跟進生態環保、公共資金資產管理、執法司法等領域的突出問題,久久為功,一抓到底,推動改進工作、完善制度;堅持完善監督工作機制和監督方式,推動專項工作報告審議結果的落實,在執法檢查中引入第三方評估,採用抽查暗訪、大數據分析、問卷調查等方式,實現委託檢查全覆蓋,把執法檢查與立法評估、法律普及結合起來,注重從制度上、法律上推動解決普遍性、規律性問題。在生態環保領域執法檢查中,近90萬人次參加問卷調查,1.78億人次參加答題。本屆以來,實現了監督領域的全覆蓋,首次聽取審議國有資產管理情況綜合報告,首次聽取審議金融工作情況報告,首次聽取審議國家監委有關專項工作報告,首次開展對「兩高」專項工作報告的專題詢問。在監督工作實踐中,我們進一步找准人大監督的性質和定位,有力推動了憲法法律規定的實施和「一府一委兩院」正確行使職權、依法履行職責,確保任何國家機關及其工作人員的權力都要受到監督和制約。 | Oversight by people’s congresses is conducted with the authorization of the law and on behalf of the people. We worked to see that oversight is always conducted in accordance with the law, in line with our statutory functions, within our statutory scope of authority, through statutory procedures, and based on relevant legal provisions. Our goal was to ensure that the Constitution and laws are effectively implemented and all state organs perform their functions pursuant to law.
We exercised follow-up oversight to monitor the effects of our work. Focusing on the Party Central Committee’s major decisions and plans and attending to the people’s concerns, expectations, and wishes, we conducted follow-up oversight on prominent issues in areas such as environmental protection, management of public funds and assets, law enforcement, and administration of justice. We made sustained efforts and did not stop until we saw progress made and institutions improved. We continued to improve mechanisms and methods for conducting oversight and urged relevant departments to act on the results of our work report deliberations. While carrying out inspections into the implementation of laws, we introduced third-party evaluations, adopted various measures including random inspections, unannounced visits, big data analysis, and questionnaire surveys, and delegated local people’s congresses to carry out inspections nationwide. We combined inspections into the implementation of laws with legislative evaluations and efforts to promote legal literacy among the public, paying particular attention to facilitating institutional and legal solutions to common and systemic issues. During inspections into the implementation of laws concerning environmental protection, we received nearly 900,000 questionnaires and attracted 178 million participants to our online quizzes. Throughout this congress, we have ensured oversight across all fields. We heard and deliberated the first comprehensive reports on the management of state-owned assets, the first report on financial work, and the first work report by the National Commission of Supervision, and we conducted the first special inquiries into the work reports of the Supreme People’s Court and the Supreme People’s Procuratorate. In the course of exercising oversight, we gained a better understanding of the nature and role of oversight by people’s congresses; strongly encouraged the implementation of the Constitution and the law and the proper use of power and law-based performance of functions by governments, commissions of supervision, people’s courts, and people’s procuratorates; and ensured that the powers of all state organs and their employees were subject to oversight and checks. |
四、發揮人大代表作用,做到民有所呼、我有所應 | 4. Leveraging the role of deputies to attend to all public concerns |
貫徹習近平總書記「密切常委會同人大代表的聯繫,密切人大代表同人民群眾的聯繫」重要指示精神,全面加強和改進代表工作,服務、支持和保障代表更好依法履職,使發揮代表作用成為人民當家作主的重要體現。 | Following General Secretary Xi Jinping’s important instructions on maintaining close ties between standing committees of people’s congresses and deputies and between deputies and the public, we strengthened and enhanced all aspects of our work related to deputies, providing services, support, and safeguards for their law-based performance of duties. In this way, we made sure that the idea of the people as masters of the country was reflected in how our deputies played their roles. |
(一)提升代表議案、建議辦理水平。堅持內容高質量、辦理高質量,實行交辦情況和辦理結果「一人一函」、「一件一函」的反饋機制,做到議案建議辦理既重結果、也重過程。代表提出的所有議案,交由專門委員會審議,常委會每年聽取審議關於代表議案審議結果的報告,推動一批經濟社會發展急需的重要法律相繼出台。對代表在大會和閉會期間提出建議的辦理情況,做到件件有反饋,建議所提問題74%得到解決或正在解決。 | (1) We improved our ability to handle deputies』 proposals and suggestions.
We worked to see that deputies』 proposals and suggestions were of high quality and were handled effectively. Upon receiving proposals or suggestions, we sent a status update and written outcome to each deputy involved, paying attention to both the results and process of handling. We forwarded all proposals to special committees for consideration and heard and deliberated their reports on the results of consideration every year, giving impetus to the enactment of a number of important laws urgently needed in economic and social development. We offered feedback on every suggestion put forward by deputies regardless of whether the NPC was in session, with 74 percent of the issues raised therein already solved or currently being addressed. |
(二)支持代表參與常委會工作。邀請1026人次代表列席常委會會議,基本實現基層全國人大代表在任期內列席一次常委會會議。建立常委會會議期間召開列席代表座談會機制,組織召開17次座談會,770人次代表參加,就人大工作、民主法治建設、經濟社會發展等方面提出意見建議。提請代表大會審議的憲法修正案草案和監察法、外商投資法、民法典、全國人大組織法、全國人大議事規則、地方組織法、立法法等法律草案,都提前組織代表研讀討論。常委會會議審議的36部法律草案,提前徵求相關領域或具有相關專業背景代表的意見建議。有400多人次代表參加立法調研、起草、論證、評估工作,2000多人次代表參加執法檢查、專題調研、計劃和預算審查監督、國有資產管理情況監督等工作。 | (2) We supported deputies in engaging in our work.
We sent 1,026 invitations to deputies to attend our meetings in a nonvoting capacity and basically ensured all NPC deputies from the primary level attended at least one meeting during their tenure. We established a mechanism for holding discussions for nonvoting deputies attending our meetings. Altogether, we organized 17 discussions with total deputy attendance reaching 770, soliciting their views and suggestions on the NPC’s work, the advancement of democracy and the rule of law, and economic and social development. We arranged for deputies to consider and discuss drafts of the amendment to the Constitution, the Supervision Law, the Foreign Investment Law, the Civil Code, the Organic Law of the NPC, the NPC Rules of Procedure, the Organic Law of Local People’s Congresses at All Levels and Local People’s Governments at All Levels, the Legislation Law, and other laws before they were officially submitted to the NPC for deliberation. We solicited comments and suggestions on 36 draft laws from deputies working in relevant fields or possessing relevant professional expertise prior to our deliberation. Deputy participation in legislative research, drafting, debates, and evaluations topped 400, and the figure for participation in inspections into the implementation of laws, research projects, plan and budget examinations and oversight, and state-owned asset management oversight exceeded 2,000. |
(三)健全常委會聯繫代表機制。委員長會議組成人員和常委會委員直接聯繫432名代表,形成專門委員會、工作委員會聯繫相關領域、具有相關專業知識代表的工作機制,通過座談、走訪、電話、郵件、微信、邀請參加調研等多種方式,加強同代表的經常性聯繫,做到聯繫工作覆蓋基層一線和專業人員代表、覆蓋常委會各項工作。 | (3) We refined mechanisms for communications with deputies.
Members of the Council of Chairpersons and the Standing Committee maintained direct contact with 432 deputies. We developed working mechanisms for special committees and working commissions and committees to stay in touch with deputies from relevant fields or with relevant knowledge. Through diverse channels such as meetings, visits, phone calls, emails, WeChat, and research projects, we strengthened regular contact with deputies, reached out to those working on the frontline at the primary level and those with specialized knowledge, and engaged deputies in all aspects of our work. |
(四)推動代表密切聯繫人民群眾。組織8389人次代表開展專題調研和集中視察,形成497篇專題調研報告。有序開展和規範代表跨原選舉單位調研視察。組織香港、澳門、台灣、解放軍和武警部隊代表赴有關省(區、市)開展調研視察。採用視頻連線的方式,組織香港代表視察新疆維吾爾自治區。規範代表參加「一府一委兩院」活動程序,根據代表職責,9100餘人次代表參加了國務院及其有關部門、最高人民法院、最高人民檢察院組織的有關活動,240餘人次代表擔任特約監察員、監督員。充分發揮代表之家、代表聯絡站的作用,鼓勵全國人大代表就近參加聯繫群眾的活動。 | (4) We encouraged deputies to maintain close ties with the public.
We organized research projects and group inspection tours for deputies, with total attendance reaching 8,389, leading to the compilation of 497 reports. We organized deputies』 research and inspections in places other than where they were elected in an orderly and well-regulated manner. We arranged for deputies from Hong Kong, Macao, and Taiwan and from the PLA and the Armed Police Force to carry out research and inspections in relevant provinces, autonomous regions, and cities directly under the central government. We organized for Hong Kong deputies to conduct a remote video inspection of the Xinjiang Uygur Autonomous Region. We set rules of procedure for deputies』 participation in activities of the State Council, the National Commission of Supervision, the Supreme People’s Court, and the Supreme People’s Procuratorate. There were more than 9,100 instances of deputy participation in activities of the State Council and its departments, the Supreme People’s Court, and the Supreme People’s Procuratorate and over 240 instances of deputies serving as special supervisors and inspectors. We gave full play to the role of outreach and liaison offices for deputies and encouraged NPC deputies to attend local public outreach activities. |
(五)加強代表履職能力建設。認真做好十四屆全國人大代表選舉工作,指導縣鄉人大換屆選舉,依法民主選舉產生277萬名各級人大代表,彰顯社會主義民主的人民性、廣泛性和真實性。制定關於加強和改進全國人大代表工作的35條具體措施,加強代表聯絡機構建設,全方位為代表履職提供服務保障。通過線上線下舉辦26期全國人大代表學習班,累計1.6萬人次代表參加學習,基本實現新任基層代表履職學習全覆蓋。創建全國人大網絡學院,2539名全國人大代表參加網絡學習。 | (5) We improved the ability of our deputies to perform their duties.
We organized the election of deputies to the 14th NPC and provided guidance for the election of deputies to people’s congresses at the county and township levels. A total of 2.77 million deputies to people’s congresses of all levels have been chosen through democratic elections in accordance with the law. This fully demonstrates the people-centric, broad, and authentic nature of socialist democracy. We formulated 35 measures to strengthen and enhance our work related to NPC deputies, stepped up development of deputy liaison offices, and provided all-around services and support for deputies』 performance of duties. We held 26 online and offline study sessions for NPC deputies, with a total attendance of 16,000, and essentially all new deputies from the primary level participated in study sessions pertaining to their duties. We established an NPC online school, where 2,539 NPC deputies took online courses. |
五年來,代表工作的實踐使我們加深了對習近平總書記關於代表工作重要論述的認識。「兩個密切聯繫」體現的是人民當家作主的國家性質和全過程人民民主的制度優勢,深刻揭示了代表工作的根本目的、內在要求和工作規律。我們認真落實「兩個密切聯繫」,使代表更好成為黨和國家聯繫人民群眾的重要橋梁和渠道。本屆以來,代表的履職意識更強了。通過出席代表大會,提出議案建議,參與常委會和專門委員會、工作委員會工作,開展調研視察,深入了解和反映群眾訴求,代表人民參加行使國家權力。代表的職責定位更准了。人大代表不是政治光環,而是重要職務,是要講擔當、有作為的。人大代表由選民或選舉單位選舉產生,但不能僅代表選區或選舉單位利益,更不能代表任何特殊利益,而是代表最廣大人民群眾的根本利益,要把人民群眾的心聲、意願反映上來,把黨中央重大決策部署宣傳貫徹到人民群眾中去。代表的作用發揮更好了。人大代表是國家權力機關的組成人員,來自人民、紮根人民,既有「本職」工作,也有「履職」工作。代表立足崗位,不負重託,在本職工作中展現了人大代表的時代風采,以履職工作的實際行動踐行了代表人民、為了人民、服務人民的光榮使命。 | Over the past five years of deputy-related work, we have acquired a deeper understanding of General Secretary Xi Jinping’s important statements on work related to deputies. His instructions on maintaining close ties between standing committees of people’s congresses and deputies and between deputies and the public reflect the defining feature of our country, which is that it is run by the people, and they highlight the institutional strengths of whole-process people’s democracy. They shed light on the fundamental goals, inherent requirements, and working principles for our work in this regard. As such, we have earnestly followed his instructions and worked to ensure that our deputies better play their role as an important bridge and channel through which the Party and the country stay in touch with the people.
Since the beginning of the 13th NPC’s term, our deputies』 sense of duty has become even stronger. Through attending NPC sessions, submitting proposals and suggestions, engaging in our work and the work of special committees and working commissions and committees, and conducting research and inspections, deputies have learned about and brought forward the people’s needs and wishes and participated in the exercise of state power on their behalf. Deputies』 duties have been more clearly defined. The role of deputies to people’s congresses is not one of political glory; it is an important post that requires a great sense of commitment and responsibility. Deputies are elected by voters or electoral units, but that doesn’t mean that they can represent only the interests of the constituencies or organizations that elected them, and still less can they represent special interests. Rather, they represent the fundamental interests of the overwhelming majority of the people. They must reflect the will and wishes of the public, communicate the Party Central Committee’s major decisions and plans to the people, and see that those decisions and plans are implemented. Deputies have better fulfilled their roles. As part of people’s congresses, deputies are members of organs of state power, but they also come from the people and are rooted in the people. They have jobs outside of their roles as deputies, but they also have to perform their state duties. In their daily jobs, our deputies have assumed important responsibilities and conducted themselves in ways that befit people’s congress deputies in the new era. And, through the concrete performance of their state duties, they have accomplished their honorable mission of representing the people, working for the people, and serving the people. |
五、發揮人大對外交往優勢,服務黨和國家外交大局 | 5. Giving play to the NPC’s strengths in international exchanges and working to advance the overall diplomatic agenda of the Party and the country |
堅持以習近平外交思想為指引,以推動落實元首共識為首要任務,立足國家立法機構的職能定位,發揮在對外交往中的優勢和效能,努力為服務國家戰略、捍衛國家利益作出積極貢獻。 | With the guidance of Xi Jinping’s thinking on diplomacy, we prioritized the implementation of consensus reached at the head-of-state level, grounded our efforts in our functions as the nation’s legislative body, and leveraged our strengths and capacity in international exchanges to serve our national strategies and defend our national interests. |
(一)加強與外國議會的雙邊交流。與近190個國家和地區議會保持交往和聯繫,同有關國家和多邊議會組織新簽署11項友好合作協議。邀請接待111個團組訪華,組派150個團組出訪。疫情發生後,積極運用「雲外交」形式,舉行雙邊線上活動260多場,組織線下外事活動98場,外交信函往來近2000件。推進與有關國家的法律合作項目,就法律草案起草中的合憲性審查、法律體系建立和完善、法律配套規定、立法技術規範等開展交流研討。圍繞制定修改體育法、醫療保障法等,赴有關國家進行立法交流。積極主動做好9個新建復交國家議會工作,舉行會見會談、視頻會晤22場,實現同新建復交國家交往全覆蓋。發揮全國人大駐外幹部的作用,對有關國家和地區的立法經驗開展調研。 | (1) We strengthened bilateral exchanges with parliaments of other countries.
We maintained exchanges and communications with parliaments of nearly 190 countries and regions and signed 11 agreements on friendship and cooperation with relevant countries and multilateral parliamentary organizations. We hosted 111 delegations to China and sent 150 delegations abroad. Since the onset of Covid-19, we made active use of 「cloud diplomacy」 and held more than 260 bilateral video events. We also organized 98 offline diplomatic events and exchanged nearly 2,000 diplomatic letters. We advanced legal cooperation projects with relevant countries and engaged in exchanges and discussions on issues such as constitutional reviews during the drafting of laws, the establishment and improvement of legal systems, supporting regulations for laws, and technical standards in the legislative process. We visited relevant countries for legislative exchanges on the formulation of a medical security law and revision of the Physical Culture and Sports Law. We actively engaged with the parliaments of nine countries that recently established or restored diplomatic relations with China, holding 22 online and offline meetings and talks and establishing communications with all of them. We leveraged the roles of NPC staff stationed abroad and conducted research on the legislative practices of relevant countries and regions. |
(二)深入參與議會多邊交往合作。發揮全國人大和外國議會高層交往引領作用,積極參與各國議會聯盟、二十國集團議長會議、金磚國家議會論壇、歐亞國家議長會議、六國議長會議等多邊機制,堅定發出中國聲音,堅定維護國家利益。派團出席65次國際會議,出席視頻國際會議137場,廣泛接觸各國議員,推動「一帶一路」倡議、構建人類命運共同體、全球發展倡議、全球安全倡議等中國主張成為國際共識。舉辦6期面向發展中國家的線下議員研討班,邀請25個國家的123名議員參加。舉辦同非洲四國、中亞五國、北非三國、非洲法語國家議會線上研討會,加強在相關領域的交流合作。出席多邊議會組織舉辦的立法交流活動,介紹中國立法制度與立法經驗。 | (2) We deeply engaged in multilateral parliamentary exchanges and cooperation.
We gave full play to the guiding role of high-level exchanges between the NPC and foreign parliaments and actively participated in multilateral mechanisms including the Inter-Parliamentary Union, the G20 Parliamentary Speakers Summit, the BRICS Parliamentary Forum, the Meeting of Speakers of Eurasian Countries』 Parliaments, and the six-nation Conference of Speakers of Parliament. At these events, we presented China’s opinions and stayed firm in safeguarding our national interests. We sent delegations to 65 international conferences and attended 137 conferences via video, engaging extensively with members of parliaments around the world to secure international support for the Belt and Road Initiative, the building of a human community with a shared future, the Global Development Initiative, the Global Security Initiative, and other Chinese propositions. We organized six offline seminars for members of parliaments from developing countries, attracting 123 parliamentarians from 25 countries. We held virtual seminars with parliaments of four African countries, five Central Asian countries, three North African countries, and French-speaking countries in Africa to enhance communication and cooperation in relevant fields. We attended legislative exchange events held by multilateral parliamentary organizations and shared information about China’s legislative system and practices. |
(三)發揮定期交流機制和友好小組作用。定期交流機制和友好小組,是人大對外工作的特有優勢。全國人大與21個國家議會和歐洲議會建立了定期交流機制和政治對話機制,同16個國家議會和歐洲議會舉行35次機制交流會議,實現了多層次、寬領域的交流與合作。成立雙邊友好小組136個,疫情以來圍繞香港國安法、反對病毒溯源政治化、介紹「十四五」規劃、宣介黨的二十大精神開展對外集體致函行動,有效配合國家外交行動。 | (3) We put regular exchange mechanisms and friendship groups to good use.
Regular exchange mechanisms and friendship groups are a unique strength of the NPC’s diplomatic work. To date, the NPC has established mechanisms for regular exchanges and political dialogue with parliaments of 21 countries and the European Parliament. This term, we held 35 meetings under such mechanisms with parliaments of 16 countries and the European Parliament, realizing multi-tiered exchanges and cooperation in a wide range of areas. Since the outbreak of Covid-19, through the 136 bilateral friendship groups the NPC has established, letters were sent to foreign parliaments to share information about the Law on Safeguarding National Security in the Hong Kong Special Administrative Region, our opposition against the politicization of efforts to trace origins of Covid-19, the 14th Five-Year Plan, and the guiding principles from the Party’s 20th National Congress. In this way, we provided effective support to the country’s overall diplomatic efforts. |
(四)堅決維護國家主權、安全、發展利益。積極妥善運用國際規則維護國家利益,堅持對等原則對有關國家議員採取反制措施。建立健全全國人大各層級發言人機制,以全國人大常委會發言人談話、外事委聲明、外事委發言人和法工委發言人談話等方式,就涉藏、涉疆、涉港、涉台、人權、疫情及其他涉華敏感問題48次及時響亮發出人大聲音。 | (4) We resolutely safeguarded China’s sovereignty, security, and development interests.
We took active and appropriate action to safeguard our national interests using international rules and adopted countermeasures against members of parliaments of certain countries on the basis of the principle of reciprocity. We put spokespeople at all levels of the NPC. We made unequivocal and timely statements on 48 occasions about the NPC’s stances on issues such as Tibet, Xinjiang, Hong Kong, Taiwan, human rights, the Covid-19 pandemic, and other sensitive issues that involve China. These came in the form of remarks by the NPC Standing Committee spokesperson, statements from the NPC Foreign Affairs Committee, and remarks by spokespersons of the NPC Foreign Affairs Committee and the Standing Committee Legislative Affairs Commission. |
(五)積極做好對外宣介。交流治國理政經驗,宣介習近平新時代中國特色社會主義思想,宣介中國改革開放成就和經驗,宣介人民代表大會制度、人民當家作主的生動實踐,展示中國特色社會主義民主政治的優勢和特點。翻譯出版中華人民共和國法律年度匯編英文本,通過中國人大網對外發布87部法律、決定英文譯文,宣傳闡釋我國全面依法治國成就。建好用好中國人大網英文版,拓展運用新媒體表現形式,提升人大新聞宣傳的國際傳播力影響力。組織94名基層代表參加全國人大外事活動,用親身履職實踐講述人民代表大會制度優勢。 | (5) We actively conducted international communications.
We conducted foreign exchanges on national governance experience; introduced to the world information about Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, achievements and experience in China’s reform and opening up, the people’s congress system, and the ways in which the Chinese people run China; and shared the features and strengths of socialist democracy with Chinese characteristics. We translated annual compilations of the laws of the People’s Republic of China into English and had them published, and we released the English translations of 87 laws and decisions on the official website of the NPC, presenting China’s achievements in advancing the rule of law on all fronts. We developed and made good use of the NPC’s English website and explored more forms of new media to enhance our international reach and influence through information sharing and communications. We invited 94 deputies from the primary level to attend the NPC’s foreign affairs activities and discuss the strengths of the people’s congress system through sharing their personal experiences in performing their duties. |
五年來,人大外事工作的實踐使我們進一步認識到,中國特色社會主義進入新時代,人大對外工作的首要任務,就是聚焦國家外交總體布局,推動落實國家元首之間達成的重要共識,確保完成黨中央交付的重大外交任務;就是找准人大在國家對外工作中的定位、任務、特點、優勢,通過立法機構的交往,為國家發展爭取良好國際環境,為維護國家利益贏得更多友華人士;就是在國家需要時,毫不猶豫地站到一線進行法律的、政治的、外交的鬥爭,伸出肩膀扛起立法機構應盡的政治責任,捍衛國家主權、安全、發展利益! | The NPC’s diplomatic work over the past five years has made us all the more aware that, in this new era of socialism with Chinese characteristics, the primary tasks in the NPC’s diplomatic work are as follows: (1) focusing on the country’s overall diplomatic agenda, helping implement important consensus reached between heads of state, and ensuring that all the diplomatic tasks assigned by the Party Central Committee are accomplished; (2) better identifying the NPC’s position, tasks, features, and strengths in the country’s diplomatic work and, through its contact with foreign legislative bodies, fostering a positive international environment for China’s development and winning more international friends to protect our national interests; (3) stepping up to the front lines of any legal, political, or diplomatic struggle whenever the country requires, without the slightest hesitation, to carry out our political responsibilities as the national legislature and defend China’s sovereignty, security, and development interests. |
六、以政治建設為統領,切實加強常委會自身建設 | 6. Intensifying self-improvement efforts under the overarching principle of strengthening ourselves politically |
堅持黨對人大工作的全面領導,按照習近平總書記關於建設「四個機關」的要求,不斷提高常委會的政治能力和履職水平,努力建設讓黨中央放心、讓人民群眾滿意的人大機關。 | Upholding the Party’s overall leadership over the work of people’s congresses and complying with General Secretary Xi Jinping’s requirement to fulfill the four-fold role, we constantly enhanced our political ability and our professional competence and worked hard to become an institution that is trusted by the Party Central Committee and that meets the expectations of the people. |
(一)完善常委會運行機制。優化會議時間、程序和內容,落實民主集中制原則,召開5次代表大會和39次常委會會議,聽取、審議1029項議題。發揮委員長會議作用,召開委員長會議136次。嚴格執行常委會議事規則,依法提出會議召開時間、出席列席人員和全體會議、分組會議安排,嚴格請假報批制度,出席率保持在96%以上。認真做好議案提出和審議工作,增設單月委員長會議專門研究討論擬交付常委會會議表決通過的法律草案機制,提高聽取審議工作報告、專題詢問、發言和表決的規範化水平。 | (1) We improved our operating mechanisms.
We improved the timing, procedures, and content of our meetings and applied the principle of democratic centralism. We convened 5 NPC sessions and 39 Standing Committee meetings and heard and deliberated 1,029 issues. Fully playing its role, the Council of Chairpersons held a total of 136 meetings. We strictly observed our rules of procedure, put forward, pursuant to law, times of meetings, lists of voting and nonvoting participants, and schedules for general meetings and group meetings, and enforced strict procedures for requesting leaves of absence, thus keeping the meeting attendance rate above 96 percent. We earnestly carried out work related to proposal submission and deliberation and developed a mechanism for holding an additional Council of Chairpersons meeting in each odd-numbered month to discuss draft laws to be submitted to Standing Committee meetings for votes. We further standardized the hearing and deliberation of work reports, inquiries on special topics, speeches, and voting. |
(二)充分發揮專門委員會和工作委員會作用。將原法律委員會、內務司法委員會分別更名為憲法和法律委員會、監察和司法委員會,增設社會建設委員會,對教育科學文化衛生委員會法定職能進行部分調整,更好適應新時代人大工作需要。推進專門委員會工作規範化、制度化,專門委員會召開會議500餘次。委員長會議、專門委員會和工作委員會牽頭起草或提請審議的法律案、決定案91件次,協調指導137件法律的起草工作,本屆完成率達到92.7%。提請常委會會議審議的202個議案和171個報告,均先由專門委員會認真審議、提出報告。專門委員會承擔執法檢查、專題調研的具體組織實施工作。加強制度建設,在立法、監督、議案建議辦理、代表工作、調研等方面,建立和修改了一系列制度規則,形成「立法-評估-修法」的動態閉環機制,確保專門委員會、工作委員會職能的有效發揮。 | (2) We gave full play to the roles of special committees and working commissions and committees.
To better adapt to the needs of the NPC’s work in the new era, we respectively renamed the Law Committee and the Internal and Judicial Affairs Committee the Constitution and Law Committee and the Supervision and Justice Committee, established a Social Development Committee, and made partial adjustments to the statutory functions of the Education, Science, Culture, and Public Health Committee. We enhanced the institutions and procedures of special committees, who held over 500 meetings. The Council of Chairpersons, special committees, and working commissions and committees led work on drafting laws and decisions or submitting them for deliberation on 91 occasions, and they coordinated and offered guidance on the drafting of 137 laws, with 92.7 percent of the items on our legislative agenda completed by the end of our tenure. All 202 proposals and 171 reports submitted to our meetings for deliberation were first deliberated by special committees, who produced reports on the results of their deliberations. Special committees were also responsible for organizing and conducting research projects and inspections into the implementation of laws. We strengthened institutional development by establishing and revising a number of systems and rules on legislation, oversight, processing of deputies』 proposals and suggestions, deputy-related work, and research projects. We developed a dynamic closed-loop mechanism for the formulation, evaluation, and revision of laws to ensure that special committees and working commissions and committees were put to effective use. |
(三)加強工作機構服務能力建設。基層立法聯繫點達到32個,實現了全國31個省(區、市)全覆蓋。推進「數字人大」建設。建成全國統一的備案審查信息平台,開通公民、組織審查建議在線提交平台。建成國家法律法規數據庫。設立5個預算工委基層聯繫點,建成全國人大預算聯網監督系統,覆蓋全國31個省(區、市)、90%以上的地市和80%以上的縣區。國有資產聯網監督系統正式上線,服務常委會審議。建成並啟用全國人大代表工作信息化平台,提升網絡視頻會議、「雲聽會」質量。開通全國人大機關專屬政務微信,實現代表議案建議、調研成果轉化全流程網上運行。健全人大信訪工作機制,開通網上信訪平台,處理信訪總量43萬多件次。提升人大新聞輿論工作水平,精心組織新聞發布會、記者會、「代表通道」、「部長通道」,設立各代表團新聞發言人、大會新聞中心視頻採訪室,強化立法監督全過程報道和代表履職宣傳。發揮中國人民代表大會制度理論研究會、中國人大雜誌作用,推進「刊網微端」融合向縱深發展,組織編寫理論讀物,研究闡釋人大制度理論。做好疫情下大會和常委會會議的服務保障,確保人民大會堂正常運轉。 | (3) We strengthened our working bodies』 ability to provide quality services.
We increased the number of local legislative outreach offices to 32, now covering 31 provinces, autonomous regions, and cities directly under the central government across the country. We made progress on the Digital NPC project. We developed a unified national platform for recording and reviewing normative documents and opened a platform for online submission of suggestions for review from citizens and organizations. We established a national database of laws and regulations. We set up five local liaison offices for our Budgetary Affairs Commission and developed an online NPC budget oversight system that covers 31 provinces, autonomous regions, and cities directly under the central government, over 90 percent of prefectural-level cities, and over 80 percent of counties and districts. We launched an online state-owned asset oversight system to facilitate our deliberation. We developed and launched an online NPC deputy work platform, and we enhanced the quality of video conferences and the online audience experience. We opened an exclusive e-government WeChat account for the NPC bodies, making possible the full online processing of deputies』 proposals and suggestions and application of research results. We improved the NPC’s mechanisms for receiving and processing public letters and visits and set up an online platform for handling public letters, which allowed us to process more than 430,000 letters and visits. We improved the NPC’s ability to carry out media and public communications work. We organized press briefings, press conferences, the 「deputies』 corridor,」 and the 「ministers』 corridor,」 and we assigned a spokesperson for each delegation and set up video interview rooms at the press center when the NPC was in session. We strengthened our reporting along the whole process of our legislative and oversight work and did a better job publicizing the work of our deputies. We gave full play to the roles of China Institute of Theory on the People’s Congress System and our magazine National People’s Congress of China, and we promoted greater integration of our publicity efforts through publications, internet, microblogs, WeChat, and mobile applications. We wrote theoretical books on the studies and interpretation of the theory on the people’s congress system. Throughout the pandemic, we provided quality services to NPC sessions and Standing Committee meetings and ensured normal operations of the Great Hall of the People. |
(四)加強人大黨的建設。全面加強政治建設、思想建設、組織建設、作風建設、紀律建設、制度建設,形成風清氣正的幹事創業環境。紮實開展「不忘初心、牢記使命」主題教育、黨史學習教育,深入學習習近平新時代中國特色社會主義思想。連續五年召開學習貫徹習近平總書記關于堅持和完善人民代表大會制度的重要思想交流會。圍繞學習習近平法治思想、習近平外交思想等主題,舉辦32次專題講座。制定並實施全國人大機關五年學習規劃。堅持政治堅定、服務人民、尊崇法治、發揚民主、勤勉盡責,打造高素質人大工作隊伍。 | (4) We strengthened Party building in the NPC.
We made comprehensive moves to strengthen the NPC politically, theoretically, organizationally, institutionally, and in terms of conduct and discipline, creating a clean and honest environment that encouraged dedication and hard work. We launched campaigns to raise awareness of the need to stay true to the Party’s founding mission and to encourage the study of Party history, and we thoroughly studied Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. We held seminars every year to share our studies and application of General Secretary Xi Jinping’s key ideas on upholding and improving the system of people’s congresses. We hosted 32 lectures on topics such as Xi Jinping’s thinking on the rule of law and Xi Jinping’s thinking on diplomacy. We formulated and implemented a five-year study plan for the NPC bodies. We trained a large number of high-caliber NPC employees who are politically steadfast, are dedicated to serving the people, respect the rule of law, promote democracy, and work hard with a strong sense of responsibility. |
(五)加強與地方人大的聯繫。召開紀念地方人大設立常委會40周年座談會,召開省級人大立法工作交流會,連續五年每年召開一次地方立法工作座談會,舉辦地方立法培訓班,指導地方人大就區域生態環境保護等開展協同立法、共同立法,舉辦地方人大負責同志人大制度理論學習班,交流工作經驗。地方人大協助全國人大常委會開展執法檢查、立法調研、代表服務保障、對外交往等工作,為推動人大工作整體水平的提高作出了積極貢獻。 | (5) We built closer ties with local people’s congresses.
We held a symposium to mark the 40th anniversary of the establishment of standing committees for local people’s congresses at and above the county level. We called meetings for provincial people’s congresses to share their experience in legislative work, and we held a national forum on local legislation each year. We held training sessions on local legislative work to offer guidance to local people’s congresses in carrying out collaborative and joint legislation in areas such as regional environmental protection. We held workshops for heads of local people’s congresses on the theory on the people’s congress system, where officials shared their work experiences. Local people’s congresses assisted us in carrying out inspections into implementation of laws, conducting legislative research, serving and supporting deputies, and performing diplomatic work. They contributed greatly to improving the overall quality of the work of people’s congresses. |
五年來,常委會自身建設得到全面加強,人大作為政治機關的根基更牢固,作為國家權力機關的職責更鮮明,作為工作機關的運轉更高效,作為代表機關的作用更顯著,有力保證了人大制度建設的正確方向,有效提升了人大工作的質量水平,有序推進了全過程人民民主的發展實踐。 | Over the past five years, we have improved ourselves in all aspects. As a result, the NPC’s foundations as a political institution have become more solid, its responsibilities as an institution of state power have been better defined, its operations as a working institution have become more efficient, and its role as a representative institution has become more prominent. We have ensured that the NPC’s institutional development remains on the right track, have effectively improved the quality of the NPC’s work, and have advanced whole-process people’s democracy in an orderly manner. |
各位代表! | Fellow Deputies, |
十三屆全國人大及其常委會的工作成績,是在以習近平同志為核心的黨中央堅強領導下取得的,是全國人大代表、常委會組成人員、各專門委員會組成人員和全國人大機關工作人員履職盡責、辛勤工作,國務院、國家監察委員會、最高人民法院、最高人民檢察院和地方各級人大及其常委會密切配合、通力協作,全國各族人民充分信任、大力支持的結果。在此,我代表十三屆全國人大常委會表示崇高的敬意和衷心的感謝! | The achievements of the 13th NPC and its standing committee have been made under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core. They are the result of the diligent and hard work of the NPC deputies, the members of the NPC Standing Committee and special committees, and the staff of the NPC bodies. They are the result of our close collaboration and cooperation with the State Council, the National Commission of Supervision, the Supreme People’s Court, the Supreme People’s Procuratorate, and local people’s congresses at all levels and their standing committees. And they are the result of the full trust and strong support of the entire Chinese people. On behalf of the 13th NPC Standing Committee, I would like to express our highest respect and sincere gratitude. |
總結五年,我們也深深感到,人大工作還有不少問題和諸多不足。在新時代新征程的偉大歷史洪流中,在社會主要矛盾發生變化的歷史背景下,人大工作在一些方面也存在不適應、跟不上的問題,特別是立法工作的質量仍需進一步提高,還存在法律的系統性、銜接性、可操作性不足的問題;監督工作的針對性和實效性仍需進一步增強,還存在力度不夠、實效不夠的問題;服務代表的能力仍需進一步提升,代表工作規範化、系統化有待增強。這些問題和不足,都需要在今後的工作中切實加以改進。 | Looking back on the past five years, we are also keenly aware that there are still a number of problems and shortcomings in the NPC’s work. In some areas, we found it difficult to adapt to the historic transformation unfolding on our journey ahead in the new era against the backdrop of our society’s changing principal contradiction. In particular, we need to further improve the quality of our legislative work, as our laws are still not systematic, coordinated, and practicable enough; efforts need to be intensified to make our oversight work more targeted and effective; and we need to continue to improve our ability to serve deputies and make our deputy-related work more procedure-based and systematic. Going forward, we will need to make real improvements in our work if we are to address these problems and shortcomings. |
各位代表! | Fellow Deputies, |
五年的實踐,進一步深化了我們對人民代表大會制度科學內涵、基本特徵和本質要求的認識,這就是:必須堅持中國共產黨的領導,確保中國共產黨領導是中國特色社會主義最本質的特徵這一憲法原則得到全面落實,確保中國共產黨始終成為中國特色社會主義的堅強領導核心;必須堅持習近平新時代中國特色社會主義思想,深入貫徹習近平總書記關于堅持和完善人民代表大會制度的重要思想,引領人大工作始終沿着正確的方向前進;必須堅持中國特色社會主義政治發展道路,把黨的領導、人民當家作主、依法治國有機統一起來,保證黨領導人民依法有效治理國家;必須堅持全過程人民民主重大理念,充分發揮人民代表大會制度作為實現我國全過程人民民主、體現人民當家作主的重要制度載體作用,確保黨和國家在決策、執行、監督落實各個環節都能聽到來自人民的聲音;必須堅持充分發揮人民代表大會制度作為黨領導國家政權機關的重要制度載體作用,使黨的主張通過法定程序成為國家意志和人民共同行動;必須堅持憲法確立的國家根本任務、發展道路、奮鬥目標,豐富和拓展人大工作的實踐特色和時代特色,保證黨的理論和路線方針政策的全面貫徹落實。 | Over the past five years, we have gained a deeper understanding of the core content, basic features, and defining requirements of the people’s congress system. This covers the following six aspects.
We must uphold the leadership of the Communist Party of China. The Party’s leadership is the defining feature of socialism with Chinese characteristics, and we must ensure the full implementation of this principle as written in the Constitution and make sure that the Party always remains the strong leadership core in building socialism with Chinese characteristics. We must uphold Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. We must thoroughly apply General Secretary Xi Jinping’s key ideas on upholding and improving the people’s congress system and guide the work of the NPC to move forward in the right direction. We must keep to the path of socialist political advancement with Chinese characteristics. We must ensure the unity between leadership by the Party, the running of the country by the people, and law-based governance and guarantee that the Party leads the people in exercising effective law-based governance of the country. We must uphold the major concept of whole-process people’s democracy. We must fully leverage the role of the people’s congress system as an important institutional vehicle to advance whole-process people’s democracy in China and reflect the people’s status as the masters of the country. We must ensure that the people’s voice can be heard in every stage of the work of the Party and the country, from decision-making and execution to oversight of implementation. We must make full use of the role of the people’s congress system as an important institutional vehicle for the Party’s leadership over organs of state power. We must use statutory procedures to turn the Party’s propositions into the will of the state and the collective action of the people. We must adhere to the nation’s fundamental tasks, development path, and goals as written in the Constitution. We must enrich and broaden the work of the people’s congresses and keep it up to date and ensure that the Party’s theories, lines, principles, and policies are fully implemented. |
今後一年工作的建議 | Recommendations for the Work of the Coming Year |
2023年是全面貫徹落實黨的二十大精神的開局之年。新的一年裡,常委會工作的總體要求是:以習近平新時代中國特色社會主義思想為指導,在以習近平同志為核心的黨中央堅強領導下,全面貫徹落實黨的二十大精神,堅持黨的領導、人民當家作主、依法治國有機統一,堅持和完善人民代表大會制度,堅持穩中求進工作總基調,紮實推進中國式現代化,完整、準確、全面貫徹新發展理念,依法行使憲法法律賦予的立法權、監督權、決定權、任免權,加強和改進新時代人大工作,為全面建設社會主義現代化國家開好局起好步作出應有貢獻。 | 2023 will be the first year in which we fully implement the guiding principles from the Party’s 20th National Congress. This year, the general requirements for the NPC Standing Committee’s work are as follows.
· Following the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; upholding the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core; applying the guiding principles from the Party’s 20th National Congress in full · Ensuring the unity between leadership by the Party, the running of the country by the people, and law-based governance; upholding and improving the system of people’s congresses · Adhering to the general principle of pursuing progress while ensuring stability; making steady progress in advancing Chinese modernization; fully and faithfully applying the new development philosophy on all fronts · Exercising, in accordance with the law, the powers of enacting laws, conducting oversight, making decisions, and appointing and removing officials as conferred by the Constitution and the law; improving the work of people’s congresses in the new era; making our due contribution to setting the stage for building China into a modern socialist country in all respects |
十三屆全國人大常委會委員長會議原則通過了2023年度常委會工作要點和立法、監督、代表工作計劃,對今後一年的工作作出了預安排。 | The Council of Chairpersons of the 13th NPC Standing Committee has adopted, in principle, the key points for the work of the Standing Committee and plans for legislation, oversight, and deputy-related work in 2023, making preliminary arrangements for this year’s work. |
(一)做好憲法實施和立法工作。推進合憲性審查制度化、規範化,完善和加強備案審查制度,維護憲法和基本法確定的特別行政區憲制秩序。堅持一個中國原則和「九二共識」,推動兩岸關係和平發展,堅定不移推進祖國統一大業。發揮人大在立法工作中的主導作用,研究編制十四屆全國人大常委會立法規劃,統籌安排未來五年立法工作。健全社會主義市場經濟法律制度,推動構建高水平社會主義市場經濟體制。加快推進科技、民生、社會、文化、環保、安全、國防領域立法。統籌發展和安全,為推進中國式現代化提供法律保障。 | 1. Ensuring constitutional implementation and carrying out legislative work
We should improve institutions and procedures for constitutional review, improve the recording and review system for normative documents, and ensure order in the special administrative regions as stipulated in China’s Constitution and the Basic Laws. We should uphold the one-China principle and the 1992 Consensus, promote the peaceful development of cross-Strait relations, and stand firm in advancing national reunification. Giving full play to the leading legislative role of the NPC, the Standing Committee of the 14th NPC should draw up a plan for the legislative work of the next five years. We should improve the legal system for the socialist market economy and advance the development of a high-standard socialist market economy. We should work faster to make laws that improve the people’s wellbeing, promote scientific and technological, social, and cultural progress, protect the environment, and strengthen security and national defense. We should work to both pursue development and ensure security and provide legal support for Chinese modernization. |
(二)增強人大監督實效。改進監督工作方式方法,切實做到正確監督、有效監督、依法監督。聚焦黨的二十大確定的目標任務和黨中央重大決策部署,聚焦人民群眾所思所盼所願開展監督。圍繞推動高質量發展,聽取審議相關工作報告。監督大會批准的重大事項。加大對預算決算審查監督力度。強化國有資產管理情況監督。加強對執法、監察、司法工作的監督。 | 2. Enhancing the effectiveness of oversight
We should improve our methods for carrying out oversight and make sure that oversight is conducted in an appropriate, effective, and lawful way. We should focus our oversight on the targets and tasks set at the Party’s 20th National Congress and the major decisions and plans made by the Party Central Committee. We should align our oversight with the people’s concerns, expectations, and wishes. In hearing and deliberating reports, we should maintain our focus on advancing high-quality development. We should conduct oversight of the major matters approved at this session. We should strengthen examination and oversight of government budgets and final accounts and enhance oversight over state-owned asset management, implementation of laws, supervision, and judicial work. |
(三)提升代表工作水平。提高代表議案建議辦理質量和實效,強化辦理過程管理和跟蹤督辦力度,完善代表建議重點督辦機制。完善常委會組成人員聯繫代表機制,健全專門委員會、工作委員會聯繫相關領域、具有相關專業知識代表的工作機制,擴大代表對常委會工作的參與。密切代表同人民群眾的聯繫,加強和改進閉會期間代表活動,持續推進代表聯繫人民群眾的工作機制和平台建設。加強代表履職學習培訓,提升代表履職能力。 | 3. Improving deputy-related work
We should raise the quality and effectiveness of our processing of deputies』 proposals and suggestions, strengthen process management and follow-up supervision, and improve our supervision mechanisms for the handling of key suggestions. We should improve the mechanisms for Standing Committee members to get in touch with deputies and the working mechanisms through which special committees and working commissions and committees maintain contact with deputies from relevant fields or with relevant professional knowledge, and we should encourage more deputies to participate in the work of the Standing Committee. We should work to foster closer ties between deputies and the people, improve activities for deputies when the NPC is not in session, and make continued efforts to build working mechanisms and platforms to facilitate communications between deputies and the people. We should step up training of deputies to help them better perform their duties. |
(四)做好人大對外交往。全力配合黨和國家外交布局,完成黨中央交給人大的外事工作任務。加強全國人大與外國議會的多層次多形式多領域交往,夯實雙邊關係的民意基礎和法律保障。積極參與多邊議會組織活動,展示中國形象,宣介中國主張。充分發揮全國人大各級發言人機製作用,在涉及國家核心利益和重大原則問題上勇於發聲、敢於鬥爭。 | 4. Engaging in international exchanges
We should spare no efforts in supporting the diplomatic agenda set by the Party and the country and complete the foreign affairs tasks entrusted to the NPC by the Party Central Committee. We should strengthen exchanges between the NPC and parliaments of other countries on multiple levels and in various ways and areas, in order to lay solid social and legal foundations for advancing bilateral relations. We should take an active part in activities organized by multilateral parliamentary organizations to present China to the world and communicate China’s propositions. We should make full use of spokespeople at all levels of the NPC to speak out and stand up for China on issues concerning our core national interests and major matters of principle. |
(五)加強常委會自身建設。全面學習、全面把握、全面落實黨的二十大精神,以政治建設為統領,提高政治判斷力、政治領悟力、政治執行力。提升履職能力,增強法治觀念,發揮專門委員會、工作委員會作用,加強機關服務保障能力建設。 | 4. Strengthening self-improvement efforts
We should thoroughly study, understand, and apply the guiding principles from the Party’s 20th National Congress and enhance our political judgment, understanding, and implementation in line with the overarching principle of strengthening ourselves politically. We should improve our ability to carry out our duties, immerse ourselves in the rule of law, give full play to the roles of special committees and working commissions and committees, and strengthen the capacity of the NPC bodies to provide quality services and support. |
各位代表,我們要更加緊密地團結在以習近平同志為核心的黨中央周圍,深入貫徹習近平新時代中國特色社會主義思想,堅定信心、同心同德,埋頭苦幹、奮勇前行,為全面建設社會主義現代化國家、全面推進中華民族偉大復興而團結奮鬥! | Fellow Deputies,
Let us rally more closely around the Party Central Committee with Comrade Xi Jinping at its core and thoroughly apply Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. Let us build firm confidence, unite as one, and forge ahead with resolve. And let us strive in unity to build a modern socialist country in all respects and advance national rejuvenation on all fronts. |