双语:2022年全国人民代表大会常务委员会工作报告

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摘要Full Text: Report on Work of NPC Standing Committee 2022

一、进一步完善宪法相关法,维护宪法的最高法律地位、权威和效力

 文章源自英文巴士-https://www.en84.com/13096.html

First, we further improved laws relating to the Constitution and safeguarded its supreme legal status, authority, and force.文章源自英文巴士-https://www.en84.com/13096.html

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宪法承载着我们党的百年奋斗重大成就和历史经验,承载着14亿多中国人民共圆民族复兴的伟大梦想。推动全面贯彻实施宪法,是常委会的法定职责和光荣使命。文章源自英文巴士-https://www.en84.com/13096.html

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The Constitution carries within it our Party’s major achievements and historical experience from the past century, and it bears the great dream of over 1.4 billion Chinese people to realize national rejuvenation. For the Standing Committee, ensuring the full implementation of the Constitution is both a legal duty and an honorable mission.文章源自英文巴士-https://www.en84.com/13096.html

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贯彻实施宪法,需要宪法相关法不断完善和发展。制定监察官法,加强党对监察工作的领导,深化国家监察体制改革,建设高素质专业化监察官队伍。修改中国人民解放军选举全国人大和县级以上地方各级人大代表的办法,健全完善军队人大代表选举制度。起草并审议关于第十四届全国人民代表大会代表名额和选举问题的决定草案。启动修改全国人大常委会议事规则,完善全国人大常委会会议制度和工作程序,修正草案已经常委会初次审议。起草并两次审议地方各级人民代表大会和地方各级人民政府组织法修正草案,提请本次大会审议,经过全体代表的共同努力,一定能够把这部法律修改好,为地方人大和政府更好履职尽责提供法律支撑。文章源自英文巴士-https://www.en84.com/13096.html

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The implementation of the Constitution demands continuous improvement and development of relevant laws. 文章源自英文巴士-https://www.en84.com/13096.html

 

We enacted the Supervisory Officers Law in order to strengthen Party leadership over supervisory work, advance the reform of the national supervision system, and train high-caliber, professional supervisory officers.

 

To improve the system for electing deputies from the armed forces to people’s congresses, we revised the Measures for Election of Deputies from the Chinese People’s Liberation Army to the NPC and Local People’s Congresses at or above the County Level. We formulated and deliberated a draft decision on the number of deputies to the 14th NPC and on issues related to their election.

 

We began revising the NPC Standing Committee Rules of Procedure in order to improve its meeting system and working procedures. The draft amendments have passed our first review.

 

We drafted and conducted two rounds of deliberation on amendments to the Organic Law of Local People’s Congresses at All Levels and Local People’s Governments at All Levels, which have been submitted to this session for further deliberation. The joint efforts of all present deputies will ensure the successful revision of this law, which will provide legal support for local people’s congresses and governments to better perform their duties.

 

以宪法和特别行政区基本法为基础,健全特别行政区宪制秩序和法治秩序,更好落实中央全面管治权和特别行政区高度自治权。根据十三届全国人大四次会议的相关决定,行使全国人大授予的立法职权,修订香港基本法附件一和附件二,完善香港特别行政区行政长官的产生办法、香港特别行政区立法会的产生办法和表决程序。这两个附件的修订,全面贯彻爱国者治港原则,通过重构并赋权香港特别行政区选举委员会、建立健全有关候选人资格审查制度等,形成一套符合香港法律地位和实际情况的民主选举制度。新选举制度使爱国者治港稳稳落地,从政治上、制度上根本性地推动香港形成以宪法和基本法为基础、真正落实“一国两制”的良政善治,迎来了支持和保障香港长期繁荣稳定并融入国家发展大局的全新局面。起草并审议香港、澳门特别行政区选举第十四届全国人民代表大会代表的两个办法草案,提请本次大会审议。

 

We strengthened constitutional order and the rule of law in the special administrative regions based on China’s constitution and their basic laws to better ensure that the central government exercises overall jurisdiction there and that the two regions enjoy a high degree of autonomy.

 

In accordance with the relevant decision adopted at the fourth session of the 13th NPC, we exercised the legislative power conferred by the NPC to revise and improve Annex I and Annex II to the Basic Law of the Hong Kong Special Administrative Region (HKSAR), respectively titled Method for the Selection of the Chief Executive of the HKSAR and Method for the Formation of the Legislative Council of the HKSAR and Its Voting Procedures, imbuing them with the principle that Hong Kong should be administered by patriots.

 

By restructuring the HKSAR Election Committee and empowering it with new functions, and by establishing a sound system for reviewing the qualifications of election candidates, we saw the formation of a democratic electoral system suited to Hong Kong’s legal status and realities. The new electoral system ensures that Hong Kong is administered by patriots. It provides fundamental political and institutional safeguards for good governance of Hong Kong that is based on China’s constitution and the HKSAR Basic Law and that ensures genuine implementation of the policy of One Country, Two Systems. And it has initiated a new phase of our support for long-term prosperity and stability in Hong Kong and for Hong Kong’s integration into China’s overall development.

 

We formulated and deliberated two draft methods for the Hong Kong and Macao special administrative regions to elect deputies to the 14th NPC, which have been submitted to this session for deliberation.

 

宪法规定,全国人大常委会行使解释宪法、监督宪法实施的职权。在人口与计划生育法、审计法等法律修改过程中进行合宪性审查研究,阐释宪法制度的内涵和精神,积极回应社会关切。依法主动审查行政法规16件、监察法规1件、地方性法规1467件、自治条例和单行条例87件、经济特区法规40件、司法解释251件、香港特别行政区法律42件、澳门特别行政区法律17件;研究处理公民、组织提出的审查建议6339件;审查研究有关部门移送的141件审查工作建议;集中清理长江保护、行政处罚、人口与计划生育等3个方面的法规、规章、规范性文件,有重点地开展专项审查,共推动制定机关修改、废止法规和司法解释1069件。专题调研设区的市地方立法工作。推动设区的市、自治州人大常委会普遍建立听取审议备案审查工作报告制度,支持部分省(区、市)建设法规规章规范性文件数据库。为了更好监督宪法法律实施,制定备案审查衔接联动的工作规定,修订备案审查工作规程,成立备案审查专家委员会,按照“有件必备、有备必审、有错必纠”的原则,纠正违宪违法行为,维护国家法治统一。

 

As stipulated in the Constitution, we exercised our authority to interpret the Constitution and oversee its implementation.

 

We reviewed and studied issues of constitutionality in the process of revising the Population and Family Planning Law, the Audit Law, and other laws, explained the substance and spirit of the constitutional system, and actively responded to public concerns.

 

Over the last year, in accordance with the law, we took the initiative to review16 administrative regulations, 1 supervisory regulation, 1,467 local regulations, 87 autonomous regulations and separate regulations, 40 special economic zone regulations, 251 judicial interpretations, 42 laws of the HKSAR, and 17 laws of the Macao Special Administrative Region. We studied and processed 6,339 recommendations for review from citizens and organizations, and we reviewed and studied 141 recommendations for review referred to us by relevant departments. We overhauled regulations, rules, and other regulatory documents concerning Yangtze River protection, administrative penalties, and population and family planning, and we conducted targeted reviews in priority areas. In total, we pushed relevant enacting bodies and organs of justice to amend or overturn 1,069 regulations and judicial interpretations.

 

We carried out research projects on local legislation in cities with subsidiary districts. We encouraged the standing committees of local people’s congresses in cities with subsidiary districts and in autonomous prefectures to set up systems for hearing and deliberating reports on the work of recording and review. We supported certain provinces, autonomous regions, and municipalities directly under the central government to build databases for their regulations, rules, and other regulatory documents.

 

In order to conduct more effective oversight of the implementation of the Constitution and the law, we formulated rules for coordinating recording and review work, revised relevant working procedures, and established a committee of relevant experts. In accordance with the principle that all documents that are subject to recording be put on record, that all recorded documents be reviewed, and that all errors identified be corrected, we rectified constitutional and statutory violations and maintained the uniformity of China’s legal system.

 

深入开展宪法宣传教育。落实宪法宣誓制度,组织5次宪法宣誓仪式,22名常委会任命或决定任命人员进行宣誓,增强国家工作人员的宪法意识、宪法理念。以“全面贯彻实施宪法、发展全过程人民民主”为主题,举行第八个国家宪法日座谈会,推动全社会深刻认识我国宪法的鲜明特征、本质属性和巨大功效。

 

We continued to promote public awareness and education about the Constitution.

 

We implemented a system of pledging allegiance to the Constitution and organized five oath of office ceremonies for 22 officials who were appointed or whose nominations were approved by the Standing Committee, thus raising awareness among public servants of the Constitution and the principles set forth therein.

 

We held a symposium for the eighth National Constitution Day with the theme of ensuring full implementation of the Constitution and developing whole-process people’s democracy, in an effort to boost society-wide understanding of the characteristics, essence, and efficacy of China’s Constitution.

 

二、围绕党和国家工作大局加快立法修法步伐,为全面建设社会主义现代化国家提供法律保障

 

Second, prioritizing the overall work of the Party and the country, we moved faster to formulate and revise laws to provide legal safeguards for building a modern socialist nation in all respects.

 

全面建设社会主义现代化国家的任务艰巨繁重,各领域立法需求多、要求高。常委会坚持科学立法、民主立法、依法立法,在确保质量的前提下加快立法工作步伐。

 

To accomplish the challenging mission of building China into a modern socialist nation in all respects, many different areas require high-standard legislation. Adhering to the principle of sound, democratic, and law-based legislation, and maintaining quality standards, the Standing Committee picked up the pace of its legislative work.

 

立足新发展阶段,贯彻新发展理念,构建新发展格局,以高质量立法服务高质量发展,这是人大围绕中心、服务大局的重要体现。制定乡村振兴促进法,修改种子法,起草并初次审议畜牧法修订草案,健全乡村振兴的制度措施和体制机制,加大种业知识产权保护力度。修订科学技术进步法,突出科技创新的战略地位,完善国家创新体系,推动实现科技自立自强。初次审议反垄断法修正草案,起草并两次审议期货和衍生品法草案,支持和引导资本健康发展。起草并初次审议公司法修订草案,实质性新增和修改约70条。制定印花税法,适当简并税目、降低税率,至此,现行18个税种中已有12个制定了法律。两次审议并通过审计法修正草案,强化审计监督手段,依法构建审计监督体系。配合“证照分离”改革、优化营商环境,修改道路交通安全法、消防法、进出口商品检验法、广告法、草原法、民用航空法、海关法、食品安全法。按照全面深化改革、推进高水平对外开放要求,制定海南自由贸易港法,作出关于授权国务院在自由贸易试验区暂时调整适用有关法律规定、在营商环境创新试点城市暂时调整适用计量法有关规定、在部分地区开展房地产税改革试点工作和授权上海市人大及其常委会制定浦东新区法规等4个决定,确保国家发展、重大改革于法有据。

 

Standing grounded in the new development stage, applying the new development philosophy, creating a new pattern of development, and promoting high-quality development through high-quality legislation: these are the ways in which the NPC focuses on the central task of economic development and serves the overall interests of the country.

 

We formulated the Rural Revitalization Promotion Law, revised the Seed Law, and drafted and conducted an initial review of revisions to the Animal Husbandry Law to improve the systems, measures, and mechanisms for rural revitalization and to strengthen intellectual property protection in the seed industry.

 

We revised the Scientific and Technological Progress Law to elevate the strategic importance of scientific and technological innovation, improve the national innovation system, and build up self-reliance in science and technology.

 

To support and guide the healthy development of capital, we conducted an initial review of draft amendments to the Anti-Monopoly Law, and we drafted a law on futures and derivatives and reviewed it twice. We drafted and conducted a first review of revisions to the Company Law, making substantive additions of and revisions to about 70 articles.

 

We formulated the Stamp Tax Law, appropriately simplifying the list of taxable items and cutting rates. This means we have now formulated laws on 12 out of the current 18 tax categories. We passed draft amendments to the Audit Law after two reviews, strengthening methods for audit oversight and establishing an audit oversight system in accordance with the law.

 

In coordination with the reform for separating operating permits from business licenses and the effort to improve the business environment, we revised the Road Traffic Safety Law, the Fire Prevention and Control Law, the Import and Export Commodity Inspection Law, the Advertising Law, the Grassland Law, the Civil Aviation Law, the Customs Law, and the Food Safety Law.

 

In line with the requirements to deepen reform across the board and pursue high-standard opening up, we formulated the Hainan Free Trade Port Law. We also made four decisions which provided a legal basis for national development and major reforms: authorizing the State Council to temporarily adjust the application of certain laws in pilot free trade zones; authorizing the State Council to temporarily adjust the application of certain provisions of the Metrology Law in pilot cities for business environment innovation; authorizing the State Council to launch reform trials for property tax in certain regions; and authorizing the Shanghai Municipal People’s Congress and its standing committee to formulate regulations for Pudong New Area.

 

法律是国家安全的制度基石。贯彻总体国家安全观,加快构建国家安全领域法律制度体系,是本届常委会立法工作的一项重要内容。制定数据安全法,提升国家数据安全保障能力。起草并审议通过陆地国界法,依法规范陆地国界的划定、勘定、防卫、管理和建设等活动。修订海上交通安全法。制定反外国制裁法,健全完善反制裁、反干涉、反制“长臂管辖”的法律制度。根据这部法律,任何国家以任何借口、任何方式干涉中国内政,损害我国国家、组织和个人利益的行为,我国都有权采取相应反制措施,坚决捍卫国家主权、安全、发展利益,坚决保护我国公民、组织的合法权益。贯彻习近平强军思想,制定军人地位和权益保障法,修订兵役法、军事设施保护法,作出关于深化国防动员体制改革期间暂时调整适用相关法律规定、中国人民解放军现役士兵衔级制度等两个决定,以法律制度保障强军目标的实现。

 

The law is the institutional bedrock upon which national security is built. Adopting a holistic approach to national security and accelerating the establishment of a legal system supporting national security constitute an important part of the legislative work of the Standing Committee of the 13th NPC.

 

We formulated the Data Security Law to enhance China’s capacity to ensure data security. We drafted, reviewed, and adopted the Land Border Law to regulate the demarcation, surveying, defense, management, and development of land borders in accordance with the law. We revised the Maritime Traffic Safety Law.

 

We formulated the Law on Countering Foreign Sanctions to improve the legal system for opposing foreign sanctions, interference, and long-arm jurisdiction. According to this law, in order to resolutely defend China’s sovereignty, security, and development interests and resolutely safeguard the lawful rights and interests of its citizens and organizations, China has the right to take proportional countermeasures in response to any country’s acts of any form or under any pretense that interfere in China’s internal affairs or harm its national interests or the interests of its citizens and organizations.

 

To implement Xi Jinping’s thinking on strengthening the armed forces, we formulated the Law on the Protection of the Status, Rights, and Interests of Servicepersons, revised the Military Service Law and the Military Facilities Protection Law, and made a decision on temporarily adjusting the application of certain laws during the reform of the national defense mobilization system and a decision on the rank system for active-duty enlisted service members in the People’s Liberation Army. We thus used the legal system to ensure that targets for military development are met.

 

加快生态文明领域的立法,为自然资源和生态环境保护划定法治红线。制定湿地保护法,强化湿地保护和修复,维护生物多样性。针对噪声污染涉及面广、社会反映强烈的问题,制定噪声污染防治法,维护人民生活环境和谐安宁。召开黄河保护立法座谈会,坚持共同抓好大保护、协同推进大治理,提前介入、加快立法进程,黄河保护法草案已进行初次审议。经过深入调研论证,拟订黑土地保护法草案并进行初次审议,用法律手段保护黑土地这一“耕地中的大熊猫”。指导云贵川三省开展赤水河流域保护共同立法、河北省开展白洋淀保护立法,推动流域综合治理、系统治理、依法治理。

 

We accelerated legislation on ecological conservation, setting a legal red line for protecting natural resources and the environment.

 

We formulated the Wetlands Protection Law to strengthen wetland protection and restoration and to protect biodiversity.

 

Targeting the issue of noise pollution, which was widespread and of great public concern, we formulated the Noise Pollution Prevention and Control Law to create a more peaceful and harmonious environment for the people.

 

We held a symposium on legislation for the protection of the Yellow River. While remaining committed to the principle of concerted protection and coordinated remediation, we got involved early and accelerated the legislation process, which has resulted in a draft Yellow River protection law already having undergone an initial review.

 

After in-depth research and discussions, we drew up and conducted a first review of a draft law on black soil conservation in an effort to provide legal protection for this precious resource.

 

We guided the provincial people’s congresses of Yunnan, Guizhou, and Sichuan in jointly launching legislation on conservation of the Chishui River basin, and we guided the Hebei Provincial People’s Congress to do the same for Lake Baiyangdian, with the aim of promoting comprehensive, systematic, and law-based conservation.

 

回应人民对美好生活的向往,加快补齐民生保障法律短板。推进强化公共卫生法治保障立法修法工作,制定医师法,初次审议突发事件应对管理法草案。落实立德树人根本任务,修改教育法,制定家庭教育促进法,两次审议职业教育法修订草案,推动提高教育现代化水平,促进未成年人全面健康成长。制定个人信息保护法,起草并初次审议反电信网络诈骗法草案,回应人民群众反映强烈的电信网络诈骗问题,维护公民在网络空间的合法权益。起草并初次审议妇女权益保障法修订草案,对妇女权益保障中的突出问题深入调研,在预防性保障、侵害处置、救济措施、责任追究等方面完善相关规定。制定反食品浪费法、法律援助法,修改人口与计划生育法、安全生产法、工会法,初次审议农产品质量安全法修订草案,起草并初次审议体育法修订草案。

 

We acted swiftly to fill gaps in legislation on public wellbeing in order to realize the people’s aspirations for a better life.

 

We advanced our work on the enactment and revision of laws to provide stronger legal safeguards for public health. We formulated the Physicians Law and conducted an initial review of a draft law on emergency response and management.

 

Addressing the fundamental task of fostering virtue through education, we revised the Education Law, formulated the Family Education Promotion Law, and conducted two reviews of draft revisions to the Vocational Education Law to drive modernization in the education sector and to promote the well-rounded, healthy growth of minors.

 

We formulated the Personal Information Protection Law and drafted and conducted an initial review of a law on telecom and online fraud to safeguard citizens’ lawful rights and interests online and to address telecom and online fraud, which has become an issue of great public concern.

 

We drafted and conducted an initial review of revisions to the Law on the Protection of Women’s Rights and Interests, carried out in-depth research into pronounced issues concerning the protection of women’s rights and interests, and improved relevant provisions in areas such as preventive protection, handling of infringements, assistance measures, and accountability.

 

We formulated the Law on Food Waste and the Legal Aid Law, revised the Population and Family Planning Law, the Workplace Safety Law, and the Trade Union Law, conducted a first review of draft revisions to the Agricultural Products Quality and Safety Law, and drafted and conducted an initial review of revisions to the Physical Culture and Sports Law.

 

完善刑事、诉讼法律制度,确认司法体制改革成果。坚持预防治理与打击惩治并重,制定反有组织犯罪法,推动依法开展常态化、机制化扫黑除恶。在常委会授权开展的试点工作期满之际,全面总结改革经验,修改民事诉讼法,确认民事诉讼程序繁简分流改革成果,完善司法确认程序、小额诉讼程序、简易程序,提高司法效率,促进司法公正。作出关于授权最高人民法院组织开展四级法院审级职能定位改革试点工作的决定。作出关于设立成渝金融法院的决定,推动营造良好金融法治环境。

 

We improved criminal and procedural laws and affirmed achievements in reform of the judicial system.

 

Putting equal emphasis on prevention and punishment, we formulated the Anti-Organized Crime Law and promoted regular, institutionalized, and lawful action to fight organized crime and root out criminal gangs.

 

When the reform trials we had authorized for improving civil litigation procedures were about to expire, we performed a comprehensive review and then revised the Civil Procedure Law accordingly to consolidate reform achievements. This led to the improvement of the judicial confirmation process, small claims litigation procedures, and simplified procedures and enhanced judicial efficiency and impartiality. We made a decision to authorize the Supreme People’s Court to launch reform trials for defining the respective adjudicative functions of the four levels of courts. We made a decision on establishing the Chengdu-Chongqing Financial Court to foster a law-based, healthy financial environment.

 

一年来,制定法律17件,修改法律22件,作出有关法律问题和重大问题的决定10件,正在审议的法律案19件,决定批准双边条约和加入国际公约6件,与时俱进完善中国特色社会主义法律体系,及时反映新时代党和国家事业发展新要求,及时把党的主张通过法定程序转化为国家意志和人民共同行动。

 

Over the past year, we formulated 17 laws, revised 22 laws, and made 10 decisions on legal issues and major issues, and we are currently reviewing 19 legislative proposals. We ratified 6 bilateral treaties and international conventions. With these timely efforts, we improved China’s socialist legal system in step with the times, we responded to the new development requirements of the Party and the country in the new era, and we translated the Party’s propositions into the will of the state and the collective action of the people.

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 最后更新:2022-3-31
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