双语:2021年全国人民代表大会常务委员会工作报告

    摘要

    Full Text: Report on Work of NPC Standing Committee 2021

    栗战书向十三届全国人大四次会议作《全国人民代表大会常务委员会工作报告

    全国人民代表大会常务委员会工作报告

    REPORT ON THE WORK OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS

     

    ——2021年3月8日在第十三届全国人民代表大会第四次会议上

    Delivered at the Fourth Session of the 13th National People’s Congress on March 8, 2021

     

    全国人民代表大会常务委员会委员长 栗战书

    Li Zhanshu

    Chairman of the Standing Committee of the National People’s Congress

     

    各位代表:

     

    Fellow Deputies,

     

    受全国人大常委会委托,我向大会报告工作,请予审议。

     

    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.

     

    十三届全国人大三次会议以来的主要工作

     

    Let me begin with a review of our major initiatives since the Third Session of the 13th National People’s Congress.

     

    2020年是新中国历史上极不平凡的一年,以习近平同志为核心的党中央,从容应对世所罕见的风险挑战,统筹推进“五位一体”总体布局,协调推进“四个全面”战略布局,在危机中育先机,于变局中开新局,疫情防控取得重大战略成果,全面建成小康社会取得伟大历史性成就,决战脱贫攻坚取得全面胜利,交出了一份人民满意、世界瞩目、可以载入史册的答卷,中华民族伟大复兴向前迈出了新的一大步!党和国家事业取得新的重大进展,必将激励我们以更加昂扬的姿态奋进在全面建设社会主义现代化国家的伟大征程上!

     

    The year 2020 was an extraordinary year in the history of the People’s Republic of China. The Central Committee of the Communist Party of China (CPC) with Comrade Xi Jinping at its core responded confidently to risks and challenges of a kind the world has rarely seen and coordinated efforts to advance the five-sphere integrated plan and the four-pronged comprehensive strategy. Through our endeavors to foster opportunities amid crises and open up new vistas in a shifting landscape, we have achieved major strategic successes in our response to Covid-19, secured historic achievements in building a moderately prosperous society in all respects, and attained a complete victory in the battle against poverty. By enabling the Chinese nation to make another giant stride toward rejuvenation, the Central Committee has delivered impressive results that our people are happy with which will go down in history. This new and substantial progress that has been made in the cause of the Party and the country will certainly spur us forward with greater confidence and resolve on our journey to build a modern socialist country in all respects.

     

    面对错综复杂的国际形势、艰巨繁重的改革发展稳定任务,在以习近平同志为核心的党中央坚强领导下,全国人大常委会坚持以习近平新时代中国特色社会主义思想为指导,深入贯彻习近平法治思想,履职尽责、积极作为,为推动重大工作部署、应对重大风险挑战、维护国家安全提供法律保障,有效发挥了国家权力机关的职能作用。十三届全国人大三次会议以来的10个月,常委会认真行使立法权、监督权、决定权、任免权,制定法律9件,修改法律13件,作出有关法律问题和重大问题的决定8件,正在审议的法律案23件;听取审议35个报告,检查1个决定和6部法律实施情况,进行专题询问2次,开展专题调研6项,作出决议1项;决定批准或加入条约7件;审议通过39个任免案,依法任免国家工作人员259人次。

     

    Confronted with a complicated international landscape and the challenging tasks of pursuing reform and development and ensuring stability at home, the NPC Standing Committee, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, continued to follow the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implemented Xi Jinping’s thinking on the rule of law, and fulfilled its duties and responsibilities. The Standing Committee took active steps to provide legal support for advancing major work plans, addressing major risks and challenges, and protecting national security, and effectively played its role as an organ of state power.

     

    Over the course of the 10 months since the Third Session of the 13th NPC, the Standing Committee has earnestly exercised its powers of enacting laws, conducting oversight, making decisions, and appointing and removing officials. In total, we have formulated 9 laws, revised 13 existing laws, made 8 decisions on legal issues and major issues, and are currently deliberating 23 draft laws. We heard and deliberated 35 reports, inspected the implementation of 1 decision and 6 laws, conducted 2 special inquiries and 6 research projects, and passed 1 resolution. We decided to ratify or enter into 7 treaties with foreign countries. We reviewed and passed 39 bills covering a total of 259 appointments or removals of state department employees.

     

    常委会工作最为显著的特点是紧跟党中央重大决策部署,紧贴人民群众美好生活对法治建设的呼声期盼,紧扣国家治理体系和治理能力现代化提出的法律需求实际,加强立法和法律监督,努力使各项工作更好围绕中心和大局、更好服务国家和人民。例如:强化野生动物保护法律制度,及时作出关于全面禁止野生动物非法交易和食用的决定,接着就这一决定和野生动物保护法开展执法检查,随后启动野生动物保护法的修改;强化公共卫生法治保障,及时制定专项立法修法工作计划,成立专班分批推进30部法律的制定和修改工作;坚决维护香港特别行政区宪制秩序,根据香港形势发展对法律的需求,及时制定香港特别行政区维护国家安全法,听取审议国务院关于修改完善香港选举制度和有关建议的报告,形成关于完善香港选举制度的决定草案,并提请大会审议;助力脱贫攻坚战,加快推进“三农”立法工作,围绕脱贫攻坚听取审议专项工作报告、开展专题调研;持续助力打好污染防治攻坚战,用3年时间完成污染防治领域最为重要的大气污染防治法、水污染防治法、土壤污染防治法实施情况的检查,特别是土壤污染防治法实施一年半即跟进执法检查,有力推动了土壤污染防治工作;用法治力量推动优化营商环境,检查了反不正当竞争法实施情况,开展优化营商环境专项备案审查,今年还将修改反垄断法;为适应国家新一轮高水平对外开放提供法律支撑,审议海南自由贸易港法草案,及时制定出口管制法,修改专利法;积极回应社会治理领域热点问题,社区矫正法出台之后,紧接着通过刑法修正案(十一),修改未成年人保护法和预防未成年人犯罪法等等。这些工作,落实了党中央对人大工作的新要求,回应了人民群众的新期待,为新时代全面依法治国提供了法律支持和保障。

     

    The most prominent feature of the Standing Committee’s work is our focus on the major CPC Central Committee decisions and plans, on the people’s expectations for the rule of law in their pursuit of a better life, and on the legal requisites for modernizing China’s system and capacity for governance, in an effort to strengthen legislation and legal oversight to ensure that all aspects of our work concentrate more on the central task of economic development and overall national interests and better serve our country and people.

     

    For example, we strengthened the legal framework for wildlife protection. We issued a prompt decision to completely ban the illegal trade and consumption of wild animals, and followed it with inspections on the implementation of this decision and the Wildlife Protection Law, before making revisions to the Wildlife Protection Law.

     

    We worked to establish stronger legal safeguards for public health. We developed a work plan for enacting new laws and revising existing ones in a timely manner, and formed task forces to advance the enactment or revision of 30 pieces of legislation in batches.

     

    We took resolute steps to maintain order as defined in China’s Constitution in the Hong Kong Special Administrative Region (HKSAR). Responding to the needs for legislation which have arisen from the developments in the Hong Kong situation, we were swift to enact the Law on Safeguarding National Security in the HKSAR. We heard and deliberated the State Council’s report on revising and improving the electoral system of Hong Kong along with relevant suggestions, and formulated a draft decision on improving Hong Kong’s electoral system which has been submitted to this session for your deliberation.

     

    In our efforts to contribute to the battle against poverty, we sped up legislation related to agriculture, rural areas, and rural residents, and both heard and deliberated reports and carried out research projects on poverty reduction.

     

    We were unrelenting in our efforts to step up the battle against pollution. For the last three years, we have carried out inspections to enforce the most important pollution control laws, namely the Law on the Prevention and Control of Air Pollution, the Law on the Prevention and Control of Water Pollution, and the Law on the Prevention and Control of Soil Pollution. We conducted follow-up compliance inspections of the Law on the Prevention and Control of Soil Pollution only a year and a half after it came into force, thus effectively boosting the control of soil pollution.

     

    We used the force of law to push for an improved business environment. We inspected compliance with the Law against Unfair Competition, and put on record and reviewed normative documents for creating a better business environment. We will revise the Anti-Monopoly Law this year.

     

    To provide legal support for a new round of higher-standard opening up to the outside world, we deliberated the draft of a Hainan free trade port law, enacted the Export Control Law in a timely fashion, and revised the Patent Law.

     

    We worked hard to address social governance issues of public concern by formulating the Community Correction Law, passing Amendment XI to the Criminal Law, and revising the Law on the Protection of Minors and the Law on Preventing Juvenile Delinquency as well as other laws.

     

    Through these efforts, we have met the latest requirements set by the CPC Central Committee for the NPC, responded to the new expectations of the people, and provided legal support and safeguards for comprehensively advancing the rule of law in the new era.

     

    一、加强宪法实施和监督,维护国家法治统一

     

    First, we strengthened the implementation of the Constitution and oversight of constitutional compliance to safeguard the integrity of the rule of law.

     

    全面贯彻实施宪法是全面依法治国、建设社会主义法治国家的首要任务和基础性工作。常委会认真履行推动宪法实施、加强宪法监督的法定职责,维护宪法尊严和权威。

     

    Ensuring the full implementation of the Constitution is the most important task as well as the base for comprehensively advancing law-based governance and developing China into a socialist nation under the rule of law. The Standing Committee earnestly performed its legally prescribed duty of ensuring the implementation of the Constitution and strengthening oversight of constitutional compliance, thus safeguarding the sanctity and authority of the Constitution.

     

    完善宪法相关法律制度。修改国旗法、国徽法,更好维护国家形象、弘扬爱国主义精神,让捍卫国旗和国徽的尊严成为人们的自觉行动。修改选举法,适当增加县乡两级人大代表名额,夯实人民代表大会制度基础。适应深化国家监察体制改革需要,制定公职人员政务处分法,审议监察官法草案。全国人大组织法、全国人大议事规则制定30多年来,进行首次修改,提交大会审议的修正草案,全面贯彻坚持党的领导政治原则,充分吸收人民代表大会制度实践的新经验、新成果,围绕人大组织制度、工作机制、运行模式,对大会主席团、委员长会议的职权和工作程序进行完善,充分反映党和国家机构改革后机构设置及其职能发生的新变化。经过全体代表的共同努力,一定能把这两部法律修改好,成为全国人大及其常委会依法履职、确保人大工作高效运行的程序法,成为实现坚持党的领导、人民当家作主、依法治国有机统一的保障法。

     

    We improved laws relating to the Constitution.

     

    We revised the National Flag Law and the National Emblem Law to help better protect our country’s reputation and foster the spirit of patriotism, so that protecting the dignity of the national flag and national emblem becomes a conscious act for all citizens.

     

    We revised the Electoral Law and increased as appropriate the number of deputies to people’s congresses at the county and township levels, so as to consolidate the foundation for the people’s congress system.

     

    To meet the targets set for national supervision system reform, we formulated the Law on Administrative Action for Public Employees and deliberated the draft supervisors law.

     

    We revised the NPC Organic Law and the NPC Rules of Procedure for the first time since their promulgation more than 30 years ago, and submitted the draft revisions to this session for your deliberation. When drafting the revisions, we fully implemented the political principle of upholding the leadership of the Party, drew on new experiences and achievements in practicing the people’s congress system, and refined the functions and working procedures of the Presidium of the NPC session and Chairperson’s Council, with a focus on the NPC’s organizational system, working mechanisms, and operating models. These revisions fully reflect the new changes in the NPC’s composition and functions following the 2018 reform of Party and state institutions. We are confident that the joint effort of all deputies will ensure the successful revision of these two laws before they become the procedural laws under which the NPC and its Standing Committee perform their duties efficiently and in accordance with the law, as well as the laws which guarantee the unity of Party leadership, the running of the country by the people, and law-based governance.

     

    维护香港特别行政区宪制秩序、法治秩序。2019年发生“修例风波”,香港法治和社会秩序遭遇严重冲击,“一国两制”受到严重挑战。十三届全国人大三次会议作出关于建立健全香港特别行政区维护国家安全的法律制度和执行机制的决定后,常委会迅速行动,于去年6月连续召开两次会议,审议通过香港特别行政区维护国家安全法,并决定将其列入香港基本法附件三,由香港特别行政区在当地公布实施,扭转了香港在国家安全领域长期“不设防”的严峻局面。去年8月、11月,先后通过关于香港第六届立法会继续履行职责的决定、关于香港立法会议员资格问题的决定,本次大会将作出关于完善香港特别行政区选举制度的决定,之后常委会将根据这一决定修改完善相关法律,打出一套法律的“组合拳”。人大将坚定不移依法维护国家主权、安全、发展利益,切实履行法定职责,为维护香港宪制秩序、打击“港独”势力、确保爱国者治港、保持香港长期繁荣稳定提供法律保障!

     

    We worked to ensure constitutional order and the rule of law in the HKSAR.

     

    The disturbances that occurred in Hong Kong in 2019 over the proposed revisions to the extradition bill had a severe impact on the rule of law and public order. They also presented a serious challenge to the policy of One Country, Two Systems. After the decision on establishing a sound legal system and implementation mechanism for the HKSAR to safeguard national security was adopted at the Third Session of the 13th NPC, the Standing Committee acted swiftly in holding two consecutive meetings in June last year, at which the Law on Safeguarding National Security in the HKSAR was deliberated and adopted. A decision was made to add this law to the list of laws in Annex III to the Basic Law of the HKSAR, which shall be applied locally after promulgation by the region. This has filled a long-existing legislative vacuum with regard to national security in Hong Kong.

     

    The adoption of a decision for the sixth Hong Kong Legislative Council to continue to discharge its duties in August 2020, was followed by the Standing Committee’s November decision on issues relating to the qualifications for members of Hong Kong Legislative Council. Another decision will be adopted at this session regarding the improvement to the electoral system of the HKSAR, and to make this package of legal measures more complete, the Standing Committee will make revisions to the relevant law on the basis of that decision.

     

    The NPC will stand firm in safeguarding China’s sovereignty, security, and development interests in accordance with the law. We will continue to perform our legally mandated duties and provide legal safeguards for ensuring constitutional order in Hong Kong, countering forces seeking “Hong Kong independence,” ensuring that it is those who love our country that administer Hong Kong, and maintaining long-term prosperity and stability in the region.

     

    大力弘扬宪法精神。根据党中央决策部署,落实宪法规定,作出关于授予国家勋章和国家荣誉称号的决定,习近平主席签署主席令,授予钟南山共和国勋章,授予张伯礼、张定宇、陈薇“人民英雄”国家荣誉称号,表彰他们的崇高品质和卓越功绩。举办6次宪法宣誓仪式,任命和决定任命的23位国家工作人员庄严宣誓,引导和教育国家工作人员树立宪法意识,恪守宪法原则,履行宪法使命。开展国家宪法日活动,召开第7个国家宪法日座谈会,推动全社会形成尊崇宪法、学习宪法、遵守宪法、维护宪法、运用宪法的良好氛围。

     

    We promoted the spirit of the Constitution.

     

    According to the decision and plan of the CPC Central Committee and the provisions of the Constitution, the Standing Committee made a decision, which was followed by President Xi Jinping’s signing of a presidential order, to award Zhong Nanshan the Medal of the Republic, and award Zhang Boli, Zhang Dingyu, and Chen Wei the national honorary title of People’s Hero in order to commend their noble character and outstanding achievements.

     

    We organized six ceremonies for 23 officials to publicly pledge allegiance to the Constitution as they took office in order to guide public servants to raise their awareness of the Constitution, uphold its principles, and fulfill the missions entrusted to them therein.

     

    We organized activities and held a symposium for the seventh National Constitution Day in an effort to foster a positive environment for honoring, studying, observing, upholding, and applying the Constitution throughout society.

     

    做好合宪性审查和备案审查工作。回应涉及宪法有关问题的关切,确保法律法规和政策举措符合宪法规定、宪法精神。2020年共收到报送备案的行政法规、地方性法规、自治条例和单行条例、经济特区法规、司法解释、特别行政区法律1310件,逐件进行主动审查。围绕疫情防控、野生动物保护、民法典实施、食品药品安全、优化营商环境等五个方面开展专项审查和集中清理,发现需要修改或废止的规范性文件3372件,督促有关方面及时予以纠正。做好依申请审查和移送审查,共收到公民、组织提出的审查建议5146件,对属于常委会审查范围的3378件逐一进行研究,提出处理意见,其他建议分别移送有关机关处理。收到有关部门移送审查的地方性法规58件,督促制定机关修改或废止了27件。推动地方人大普遍建立听取备案审查工作报告制度。加强备案审查制度和能力建设,正式开通国家法律法规数据库,为立法活动、备案审查提供基础支撑。

     

    We conducted constitutionality reviews and put on record and reviewed normative documents.

     

    We responded to Constitution-related concerns and worked to ensure all laws, regulations, and policies comply with the Constitution both in letter and in spirit. In 2020, we received a total of 1,310 pieces of legislation submitted for recordkeeping and examined them one by one. These included administrative regulations, local statutes, autonomous regulations and locally-specific regulations, regulations for special economic zones, judicial interpretations, and laws of special administrative regions.

     

    We reviewed normative documents and carried out focused overhauls covering epidemic containment, wildlife protection, implementation of the Civil Code, food and drug safety, and the business environment. We identified 3,372 normative documents in need of revision or repeal, and urged the relevant parties to make prompt corrections.

     

    We successfully carried out reviews upon request and reviews on handover items. Last year, we received a total of 5,146 suggestions for review from citizens and organizations. One by one we examined the 3,378 suggestions which fell within the scope of our review and gave opinions on how to deal with them, and we transferred all other suggestions to relevant agencies. We received 58 local statutes handed over to us for review from relevant departments, of which 27 were forwarded to formulating bodies for revision or abolition.

     

    We worked to encourage local people’s congresses to set up a system for hearing reports on the work of putting on record and reviewing normative documents. We improved the institutions and capacity building for reviewing these documents, and officially launched the national database of laws and regulations to provide foundational support for legislative activities and for recording and review of normative documents.

     

    二、围绕党和国家工作大局,顺应人民期盼,加强重点领域立法

     

    Second, centering on the overall work of the Party and the country, we strengthened legislation in key areas to meet the expectations of our people.

     

    中国特色社会主义进入新时代,适应国际形势深刻复杂变化、党和国家事业快速发展的需要,立法工作进入了一个加快发展的新阶段,呈现覆盖广、数量多、节奏快、要求高的新特点。

     

    In this new era of socialism with Chinese characteristics, in response to the profound and complex changes in the international landscape and the rapid development of the cause of the Party and the country, our legislative work moved into a new stage of accelerated development, marked by a large volume of expedited and higher-standard legislation that covers a wide range of areas.

     

    加强公共卫生立法修法。应对突如其来的新冠肺炎疫情,针对抗疫实践中暴露的法治短板,着眼于构建更加协调、相互衔接的法律体系,加快推进强化公共卫生法治保障立法修法工作。截至目前,已完成修订动物防疫法等6项任务,修改野生动物保护法、执业医师法、传染病防治法等11项任务将在今年年底前完成。通过完善法律制度,加强法律宣传和实施,推动依法做好公布疫情信息、调配应急物资、化解矛盾纠纷、维护市场秩序等工作,用法治的力量守护人民生命安全和身体健康。

     

    We strengthened the enactment and revision of public health laws.

     

    Responding to the sudden outbreak of Covid-19 and targeting the legal weaknesses exposed in our fight against the epidemic, we focused on developing a better coordinated and interconnected legal system and sped up the enactment and revision of laws to strengthen the rule of law with regard to public health. Up to now we have completed the revision of the Law on Animal Epidemic Prevention along with five other pieces of legislation. By the end of this year, we will have completed a further 11 objectives including revising the Wildlife Protection Law, the Practicing Physicians Law, and the Law on the Prevention and Control of Infectious Diseases.

     

    By improving relevant laws, raising legal awareness, and promoting greater compliance, we worked to ensure that the release of information on Covid-19, the allocation of emergency supplies, the handling of social issues and disputes, and the maintenance of order in the market were all carried out in accordance with the law, thus using the force of law to protect the health and safety of our people.

     

    加快国家安全立法。当今世界正处于百年未有之大变局,维护国家安全比任何时候都更为紧要。常委会贯彻总体国家安全观,加快重点领域维护国家安全的立法,制定生物安全法、出口管制法,修改档案法,审议海上交通安全法修订草案、数据安全法草案、个人信息保护法草案。这些法律,涵盖了经济安全、资源安全、核安全、生态安全、信息安全、海外利益保护等领域,既是国家应对风险挑战的重要法律,也是人民群众关心关注的重大问题。贯彻落实习近平强军思想,适应新时代国防和军队建设需要,修改国防法、人民武装警察法,制定海警法、退役军人保障法,审议军人地位和权益保障法草案、兵役法修订草案、军事设施保护法修订草案,为国家领土安全、军事安全、国民安全提供法律保障。

     

    We accelerated legislation on national security.

     

    With the world currently undergoing changes of a magnitude not seen in a century, safeguarding national security has never been more urgent. The Standing Committee adopted a holistic approach to national security and accelerated national security legislation in key areas. We formulated the Biosecurity Law and the Export Control Law, revised the Archives Law, and deliberated draft revisions of the Maritime Traffic Safety Law, the draft of a data security law, and the draft of a personal information protection law. As these laws cover economic security, resource security, nuclear security, ecological security, information security, and the protection of overseas interests, they are of critical importance for our country in tackling risks and challenges, and they address major issues of great concern to the public.

     

    In order to implement Xi Jinping’s thinking on strengthening the military, and respond to the needs of national defense and military development in the new era, we revised the National Defense Law and the Law on the People’s Armed Police Force, formulated the Coast Guard Law and the Veterans Support Law, and deliberated the draft of a law on the protection of the status, rights, and interests of military personnel, along with the draft revisions of the Military Service Law and the Military Facilities Protection Law. This work has provided legal safeguards for both the territorial and military security of our country and the safety of our people.

     

    围绕推进高质量发展和高水平对外开放立法。制定城市维护建设税法、契税法,修改专利法、著作权法,审议乡村振兴促进法草案、印花税法草案、海南自由贸易港法草案,作出关于设立海南自由贸易港知识产权法院的决定和关于设立北京金融法院的决定。这些立法,涉及财税、金融、知识产权保护、农业农村发展、对外开放等领域,就是要为推动经济发展质量变革、效率变革、动力变革提供法律保障。建设海南自由贸易试验区和自由贸易港,是以习近平同志为核心的党中央在新时代推进高水平对外开放的战略举措。制定一部体现中国特色、符合国际惯例、反映时代要求的自由贸易港法,就是要在法治轨道上打造开放层次更高、营商环境更优、辐射作用更强的开放新高地。

     

    We carried out legislative work to promote high-quality development and high-standard opening up.

     

    We formulated the Law on Urban Maintenance and Development Tax and the Deed Transfer Tax Law, revised the Patent Law and the Copyright Law, and deliberated the drafts of a rural revitalization promotion law, a stamp duty law, and a Hainan free trade port law. We made decisions on establishing an intellectual property rights court in the Hainan free trade port and a financial court in Beijing. This legislation, covering as it does fiscal and financial affairs, intellectual property protection, agricultural and rural development, and opening up, is designed to provide legal safeguards for promoting a change in the quality, efficiency, and drivers of economic development.

     

    Establishing the Hainan pilot free trade zone and free trade port is a strategic move taken by the CPC Central Committee with Comrade Xi Jinping at its core, to push for high-standard opening up in the new era. By formulating a free trade port law which embodies Chinese characteristics, complies with international practice, and responds to the call of the times, we aim to establish a legal framework for this new platform, which will promote high-standard opening up by creating a better business environment and strengthening its leading role as a free trade port.

     

    抓紧社会建设和社会治理领域立法。通过刑法修正案(十一),修改未成年人保护法、预防未成年人犯罪法、行政处罚法,审议反食品浪费法草案、反有组织犯罪法草案、法律援助法草案、家庭教育法草案、教育法修正草案,适应国际国内形势变化,顺应人民对美好生活的向往,为推动形成既生机勃勃又井然有序的良好社会局面提供了法律支撑。刑法修正案(十一)是近年来社会关注度最高的一次修改,补充修改47个条文,涉及安全生产、食品药品、金融秩序、营商环境、公共卫生、生物安全、生态环保等方面,对社会关注的冒名顶替上学就业、抢控公交车方向盘、高空抛物、非法集资、刑事责任年龄等新情况新问题作出直接回应。反食品浪费法草案弘扬中华民族传统美德,倡导文明、健康、理性、绿色消费理念。聚焦特定领域、特殊问题,积极开展“小切口”立法,拓展了立法工作方法和路径,标志着立法工作进一步向专业化、具体化方向发展。

     

    We intensified legislation with regard to social development and governance.

     

    We passed Amendment XI to the Criminal Law, revised the Law on the Protection of Minors, the Law on Preventing Juvenile Delinquency, and the Administrative Penalty Law, and deliberated the drafts of an anti-food waste law, an anti-organized crime law, a legal aid law, and a family education law, along with the draft revisions to the Education Law. In step with developments at home and abroad, these achievements conform to our people’s aspiration for a better life, and provide legal support for a dynamic and orderly social environment.

     

    For example, Criminal Law Amendment XI is a revision to the Criminal Law that has drawn the greatest public attention in recent years. The amendment makes additions or revisions to 47 articles, and covers workplace safety, food and drugs, order in the financial sector, the business environment, public health, biosafety and biosecurity, environmental protection, and other areas. It is a direct response to the new developments and issues of great public concern, such as education- and employment-related identity theft, assaults on bus drivers, throwing objects from a height, illegal fund raising, and the age of criminal responsibility.

     

    The draft anti-food waste law carries forward traditional Chinese virtues and calls for socially conscious, healthy, rational, and eco-friendly modes of consumer spending.

     

    With the focus on specific areas and special issues, we conducted legislative work in a more targeted and precise manner. This has developed a new legislative approach and pathway, and shows that our legislative work is becoming more specialized and issue-specific.

     

    继续完善生态环保法律。贯彻习近平生态文明思想,持续推动生态环保法律制度集成创新,本届以来制定和修改长江保护法、土壤污染防治法、固体废物污染环境防治法等12部相关法律,作出1项决议,正在审议湿地保护法草案,用最严格的制度、最严密的法治划定生态红线,守护绿水青山。去年12月通过的长江保护法,全面贯彻“共抓大保护、不搞大开发”理念,是我国第一部全流域的专门法。这部法律用一年时间完成了起草,又用一年时间进行了3次审议,常委会还及时召开长江保护法实施座谈会,用法治力量推动实现长江母亲河一江清水绵延后世、惠泽人民,促进和保障长江经济带成为我国生态优先绿色发展主战场、畅通国内国际双循环主动脉、引领经济高质量发展主力军。

     

    We continued to improve ecological and environmental protection laws.

     

    Aiming to put into practice Xi Jinping’s thinking on promoting ecological progress, we continued to champion integrated innovation in our ecological and environmental protection laws. The current NPC Standing Committee has formulated or revised 12 laws such as the Yangtze River Protection Law, the Law on the Prevention and Control of Soil Pollution, and the Law on the Prevention and Control of Environmental Pollution by Solid Waste, adopted one resolution, and is currently deliberating the draft wetlands protection law. We put in place the strictest systems and the most rigorous legislation in order to draw an ecological red line to protect our clear waters and green mountains.

     

    The Yangtze River Protection Law was passed in December 2020. As the first specialized law covering the whole river basin, this law fully reflects our commitment to well-coordinated environmental protection and over- development prevention. A full year was spent drafting the law, with three deliberations taking place the following year. The Standing Committee also convened a symposium on its implementation in a timely fashion. All of these steps are designed to advance the protection of this vitally important waterway in accordance with the law for the benefit of our people and future generations, so that the Yangtze Economic Belt becomes a key model for prioritizing ecological conservation and boosting green development, a major channel for facilitating domestic and international economic circulation, and a major force for catalyzing high-quality development.

     

    做好民法典实施相关工作。民法典是新中国成立以来第一部以“法典”命名的法律,是中国特色社会主义法律体系中固根本、稳预期、利长远的基础性法律。常委会认真做好民法典实施准备工作,推动相关配套法规和司法解释的修改完善,阐释好民法典一系列新规定新概念新精神,带头做好宣传、推进、保障实施工作,让民法典走到群众身边、走进人民心里。

     

    We worked effectively to implement the Civil Code.

     

    The Civil Code is the first piece of legislation to carry the title of code that has been enacted since the founding of the People’s Republic of China. The Code is a fundamental law in the socialist system of laws with Chinese characteristics that serves to build the legal foundation, stabilize expectations, and yield long-term benefits. The Standing Committee made effective preparations for its implementation and pushed for revisions and improvements to supporting laws, regulations, and judicial interpretations. We thoroughly explained the new regulations, concepts, and principles in the Civil Code, and led the way in publicizing, promoting, and ensuring its implementation, so that this law is thoroughly observed throughout society and well received by the people.

     

    三、坚持寓支持于监督之中,依法开展法律监督和工作监督

     

    Third, we conducted oversight of legal compliance and work performance in accordance with the law, thus providing support through oversight.

     

    始终把握依照法定职责、限于法定范围、遵守法定程序的原则,坚持正确监督、有效监督,推动宪法法律全面有效实施,确保行政权、监察权、审判权、检察权依法行使。

     

    At all times, we worked to ensure that our legally prescribed duties were carried out within the statutory limits of authority and through the procedures as defined in law. By exercising appropriate and effective oversight, we advanced full and effective implementation of the Constitution and the law, and ensured law-based exercise of administrative, supervisory, adjudicatory, and procuratorial powers.

     

    强化计划和预算、决算审查监督。紧扣十三届全国人大三次会议批准的经济社会发展目标任务,突出做好“六稳”工作、落实“六保”任务,听取审议国民经济和社会发展计划执行情况报告,定期召开经济形势分析会,跟踪监督经济运行情况,确保党中央重大决策部署落实落地、大会批准的计划全面贯彻执行。贯彻积极财政政策更加积极有为的要求,听取审议中央决算报告、预算执行情况报告、审计工作报告,审查和批准2019年中央决算。听取审议关于审计查出问题整改情况的报告并进行专题询问,开展整改情况跟踪监督,推动有关问题切实整改。认真开展疫情防控税费优惠政策、减税降费专题调研,为加大资金投入、保障好各地疫情防控资金需要提供法律支撑。

     

    We strengthened the examination and oversight of the plans, budgets, and final accounts of the government.

     

    Focusing on the targets and tasks for national economic and social development approved at the Third Session of the 13th NPC, we placed ensuring stability on six fronts and maintaining security in six areas at the top of our agenda.1 We heard and deliberated a report on the implementation of the plan for national economic and social development, held regular meetings to analyze the state of the economy, and conducted ongoing oversight of economic developments to ensure the full implementation of the Party Central Committee’s major decisions and plans, as well as the 2020 plan for national economic and social development adopted by the Third Session.

     

    To comply with the requirement for pursuing a more proactive and impactful fiscal policy, we heard and deliberated the State Council’s reports on its final accounts, on the execution of budgets, and on auditing work, and examined and approved the central government’s final accounts for 2019. We heard and deliberated the report on the rectification of problems discovered through auditing and conducted special inquiries. We carried out oversight over the rectification process to see that relevant problems were effectively remedied.

     

    We carried out research projects on preferential tax and fee policies and on tax and fee reduction policies for epidemic control, so as to provide legal support to meet local governments’ funding requirements as they carried out epidemic control work.

     

    深入推进人大预算审查监督重点拓展改革。制定关于加强地方人大对政府债务审查监督的若干意见,推动预算审查监督重点拓展改革落细落实。开展全口径预算审查、全过程预算监管,强化“事前”监督,聚焦“事中”监督,做实“事后”监督。加强政策实施效果和资金使用绩效情况监督,建立听取政府预算绩效评价情况及相关部门重要政策和重点资金绩效情况通报机制,推动建立绩效评价结果与完善政策和安排预算的挂钩机制。坚持“线上”监测与“线下”调研分析相结合,推进预算联网监督系统二期建设,为全国人大代表履行预算审查监督职责提供便利。

     

    We further advanced the reform for expanding the focus of budget examination and oversight.

     

    We formulated guidelines for strengthening local people’s congresses’ examination and oversight of local government debt, and pushed for the meticulous and effective implementation of reform measures for expanded budget examination and oversight.

     

    We carried out exhaustive budget examination and exercised budget oversight at all stages, intensifying ex ante oversight, concentrating on interim oversight, and carrying out ex post oversight effectively.

     

    We stepped up oversight to see how effectively policies are implemented and how efficiently funds are used. We established mechanisms for hearing reports on performance-based evaluations of government budgets and for releasing information on the performance of important policies and key funds from relevant departments. We encouraged the establishment of a system for linking performance-based evaluation results to policy improvements and budget allocations.

     

    Combining online monitoring with offline research and analysis, we pressed ahead with phase two of the development of the online budget oversight system with a view to helping NPC deputies to perform their budget examination and oversight duties.

     

    认真履行对国有资产管理的监督职责。作出关于加强国有资产管理情况监督的决定,准确把握职责定位,增强监督工作的针对性、规范性和可操作性,为更好监督国有资产管理提供法律保障。听取审议2019年度国有资产管理情况综合报告和关于企业国有资产管理情况专项报告。开展企业国有资产(不含金融企业)管理情况监督调研,推动国务院深化以管资本为主的监管体制改革、国有企业混合所有制改革以及优化调整国有资本布局。开展健全国有资产治理体系专题调研,推进国资联网监督工作,用3年时间基本实现省级、设区的市级、县级地方建立国有资产管理情况报告制度全覆盖的目标。

     

    We fulfilled our duty of overseeing the management of state-owned assets.

     

    We adopted the decision on enhancing oversight of state-owned asset management. We carried out our duties effectively, and worked to ensure that our oversight became more targeted, procedure-based, and practical, so as to provide legal safeguards for more effective oversight of state-owned asset management.

     

    We heard and deliberated a comprehensive report on the management of state-owned assets for 2019, along with a special report on the management of state-owned assets held by enterprises for the same year. We launched research initiatives to oversee the management of state-owned assets held by enterprises (excluding financial enterprises), and encouraged the State Council to further reform the state-owned asset oversight system with the focus on capital management, to advance the mixed ownership reform of state-owned enterprises, and to improve the distribution of state capital.

     

    We carried out research dedicated to refining the state-owned asset governance system and advanced online oversight of state-owned assets. Over a period of three years, we essentially achieved our goal of setting up a system for reporting on state-owned asset management at the provincial, city (with subsidiary districts), and county levels.

     

    听取审议专项工作报告。围绕全面建成小康社会目标任务,紧盯经济运行重点难点问题,听取审议国务院关于科技创新、股票发行注册制改革、脱贫攻坚、财政农业农村资金分配使用情况的报告。首次听取审议国家监察委员会关于开展反腐败国际追逃追赃工作情况的报告,展现了国家监察体制改革的成果和国家治理能力的提升,标志着人大对“一府一委两院”监督工作迈出新步伐。

     

    We heard and deliberated work reports on specific issues.

     

    Focusing on the targets and tasks for building a moderately prosperous society in all respects, and paying particular attention to the priorities and challenges of economic performance, we heard and deliberated the State Council’s reports on scientific and technological innovation, on the reform to introduce a registration-based IPO system, on poverty alleviation, and on the allocation and use of government funds for agriculture and rural areas.

     

    For the first time, we heard and deliberated a National Commission of Supervision report on tracking down corrupt officials hiding abroad and the recovery of stolen state assets. Our work in this area has not only demonstrated the achievements of reforms to the national supervision system and the improvement in our national governance capacity, but also marked a new step forward in the NPC’s exercise of oversight of the State Council, the National Commission of Supervision, the Supreme People’s Court, and the Supreme People’s Procuratorate.

     

    加强执法司法工作监督。听取审议国务院关于公安机关执法规范化建设工作情况的报告,推动公安机关进一步提升严格规范文明公正执法水平。适应民事案件新特点、刑事犯罪新变化,听取审议最高人民法院关于加强民事审判工作依法服务保障经济社会持续健康发展情况的报告、关于民事诉讼程序繁简分流改革试点情况的中期报告,听取审议最高人民检察院关于适用认罪认罚从宽制度情况的报告,推动提高民事审判质效和刑事案件办理质量,实现司法公正与效率有机统一,办案政治效果、法律效果和社会效果有机统一。

     

    We strengthened oversight of law enforcement and judicial work.

     

    We heard and deliberated the State Council’s report on the efforts of public security organs to standardize law enforcement, in a bid to assist these organs in enforcing the law with a stricter, fairer, more measured, and more procedure-based approach.

     

    In response to the new characteristics of civil cases and new crimes, we heard and deliberated a report from the Supreme People’s Court on strengthening the adjudication of civil cases to support sustained and healthy economic and social development in accordance with the law, along with the Supreme People’s Court’s mid-term report on pilot reforms for streamlining civil litigation procedures. We also heard and deliberated the report from the Supreme People’s Procuratorate on applying the system of sentence bargaining in criminal cases. As a result of these efforts, we were able to enhance civil trial quality and efficiency and improving the work performance in the handling of criminal cases, achieved both judicial impartiality and greater efficiency, and coordinated political, legal, and social implications in the handling of cases.

     

    持续加大执法检查力度。围绕统筹推进疫情防控和经济社会发展,回应人大代表和人民群众要求和期盼,常委会检查了关于全面禁止野生动物非法交易和食用的决定、野生动物保护法、土壤污染防治法、农业机械化促进法、慈善法、公共文化服务保障法、反不正当竞争法的实施情况,听取审议国务院关于研究处理“一决定一法”执法检查报告及审议意见情况的报告,宣传普及法律,紧扣法律规定推动法律责任落到实处。聚焦蓝天、碧水、净土保卫战,连续3年先后检查大气污染防治法、水污染防治法、土壤污染防治法实施情况,实地检查22个省份的78个地市,召开74场座谈会,暗访170个单位和项目,梳理20类82个问题,点名曝光143个单位存在的问题。持续推进生态环保领域的执法检查,运用法治方式助力打好污染防治攻坚战,有力推动了生态文明理念、生态环保法律深入人心,凝聚起建设青山常在、绿水长流、空气常新美丽中国的法治力量。

     

    We continued to intensify law enforcement inspections.

     

    In order to coordinate the Covid-19 response with economic and social development, and to meet the demands and expectations of our deputies and the general public, the Standing Committee inspected the implementation of its decision to completely ban the illegal trade and consumption of wild animals, the Wildlife Protection Law, the Law on the Prevention and Control of Soil Pollution, the Law on Promoting Agricultural Mechanization, the Charity Law, the Law on the Provision of Public Cultural Services, and the Law against Unfair Competition. We also heard and deliberated a report from the State Council on its handling of the Standing Committee report on the inspections of the implementation of the decision to completely ban the illegal trade and consumption of wild animals and the Wildlife Protection Law and on the recommendations of its deliberations. We launched public awareness raising campaigns for the relevant laws to ensure the fulfillment of legal responsibilities in line with specific legal stipulations.

     

    Placing the focus on the campaigns to keep our skies blue, our waters clear, and our land pollution-free, we inspected the implementation of the Law on the Prevention and Control of Air Pollution, the Law on the Prevention and Control of Water Pollution, and the Law on the Prevention and Control of Soil Pollution in 2018, 2019, and 2020 respectively. We carried out field inspections in 78 prefecture-level cities in 22 provinces, held 74 seminars, and conducted unannounced investigations in 170 organizations and projects. Subsequently, a total of 82 problems in 20 categories were identified, and the names of the 143 organizations in which problems were discovered were made public. We continued to conduct law enforcement inspections with regard to environmental protection with the aim of using the force of the law to assist in winning the battle against pollution. Crucially, through these inspections we increased the sense of ecological civilization among the people, fostered widespread awareness on observing environmental protection laws, and channeled the strength of the rule of law into building an even more beautiful China with green mountains, clear waters, and fresh air.

     

    扎实做好专题调研。把专题调研作为常委会开展工作监督的重要方式,委员长会议组成人员、常委会、专门委员会和工作委员会开展232次调研,形成了307个调研报告。其中,常委会组织开展“十四五”规划纲要编制工作若干重要问题、生态环保决议落实情况、珍惜粮食反对浪费情况、社会保险制度改革和社会保险法实施、民族团结进步创建工作、政府投资基金管理与改革等6项专题调研。“十四五”规划纲要相关专题调研历时4个多月,有关专门委员会和工作委员会精心组织,深入了解民族、国家安全、财政经济、教科文卫、侨务、环保、“三农”、社会保障等方面情况,形成22份专题调研报告。通过多种渠道、多种途径推动调研成果转化运用,使调研报告有效服务人大监督和立法修法工作,也为中央和国家机关提供决策参考和工作参考。

     

    We achieved real progress in research.

     

    Our research initiatives constitute important channels through which the Standing Committee carries out oversight of work performance. Last year, members of the Chairperson’s Council, the Standing Committee, special committees, and work committees conducted a total of 232 research projects, leading to the compilation of 307 reports. The Standing Committee launched research projects focusing on major issues pertaining to the development of the 14th Five-Year Plan, the implementation of its resolution on environmental protection, the initiative to cherish food and oppose waste, the reform of the social insurance system and the implementation of the Social Insurance Law, initiatives to foster ethnic unity and progress, and the management and reform of government investment funds.

     

    For instance, special committees and work committees spent more than four months conducting the research project regarding the formulation of the 14th Five-Year Plan. As a result of meticulous organization, 22 reports were produced on the basis of acquiring a thorough understanding of the following: issues concerning ethnic groups; national security; finance and the economy; education, science, culture, and public health; overseas Chinese affairs; environmental protection; agriculture, rural areas, and rural residents; and social security.

     

    We worked through multiple channels to ensure the application of our research results, so that these research reports not only serve the NPC in its mission to carry out oversight and enact and revise laws, but they are also referred to by central Party and government departments in their decision-making processes and in carrying out their duties.

     

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