The National People's Congress and its Standing Committee strengthened the filing and review system and capacity-building, performed their supervisory duties and maintained the unity of the rule of law
2021-10-13
The Fourth Plenary Session of the 19th CPC Central Committee proposed to strengthen the filing and review system and capacity-building, and revoke and correct normative documents that are unconstitutional and illegal according to law. Filing and reviewing administrative regulations, local regulations and judicial interpretations is an important supervisory power entrusted to the NPC and its Standing Committee by the Constitution and law, and an important work for the NPC and its Standing Committee to perform their constitutional supervisory duties. Since the 13th National People's Congress, China's filing and review work has made remarkable progress, achieved many breakthroughs in system, capacity, theory and team construction, and injected new content into the development of filing and review system in the new era. The working mechanism has been continuously improved, the scope of filing has been expanded, and the object of review has become increasingly clear; Light the sword in many fields, pointing to "problem laws and regulations" to respond to social concerns; The review method keeps pace with the times and the correction is constantly strengthened; The review of constitutionality has been steadily promoted; Special work reports are increasingly institutionalized... The filing and review work is advancing steadily, the role of the filing and review system is being brought into full play, and its influence is becoming increasingly prominent. Establish reporting system In recent years, the Standing Committee of the National People's Congress has actively promoted the openness of the filing and review work, adhered to and improved the system for the Standing Committee of the National People's Congress to listen to, review and review the filing and review work report, and promoted the implementation of the filing and review responsibilities of the Standing Committee of the National People's Congress through special reports. In December 2017, the Standing Committee of the National People's Congress listened to the report on the record review work for the first time, which was also the first time that the operation of the record review system was announced to the public, which can be described as a historic breakthrough. Since then, the hearing and deliberation of the annual filing review report began to be institutionalized, which played an exemplary and leading role in local people's congresses at all levels. While improving its own work report mechanism, since 2019, the legal work committee of the Standing Committee of the National People's Congress has made efforts to promote the standing committees of Provincial People's congresses to listen to and review the work reports on filing and review. In 2020, the system of hearing and reviewing the work report on filing and review at the provincial level will achieve full coverage, and the standing committees of the people's congresses of more than 200 cities divided into districts and autonomous prefectures have established a reporting system on the work of filing and review. On this basis, the legal work committee of the Standing Committee of the National People's Congress further promoted the extension of the reporting system to cities divided into districts, and required the standing committees of municipal and state people's congresses that have not yet carried out the filing and review work report to the Standing Committee before the end of 2021, and extended it to the standing committees of people's congresses at the district and county levels, By 2022, the standing committees of people's congresses at and above the county level will have full coverage of the filing and review work reports. Introduction of working methods On December 16, 2019, the 44th chairman's meeting of the Standing Committee of the 13th National People's Congress adopted the working methods for the filing and review of regulations and judicial interpretations (hereinafter referred to as the working methods). The working methods includes seven chapters, including general provisions, filing, review, handling, feedback and disclosure, reporting and supplementary provisions, with a total of 57 articles. According to the new situations and problems faced by the filing and review, specific provisions are made on various links such as filing, review, handling, feedback, disclosure and reporting. The promulgation of the "working methods" is a milestone. It is an important achievement made by the Standing Committee of the National People's Congress in implementing the decision and deployment of the Party Central Committee in strengthening the construction of the filing and review system, making the filing and review work of the Standing Committee of the National People's Congress more institutionalized and standardized. Taking the implementation of the "working methods" as an important opportunity, the legal work committee of the Standing Committee of the National People's Congress actively promoted the filing and review system and capacity-building of the Standing Committee of the National People's Congress and local people's congresses, and promoted a new situation in the filing and review work. Timely print and distribute the working methods, organize the preparation and publication of monographs, and interpret and explain the working methods one by one; Promote all localities to improve the filing and review system and institutional mechanism with reference to the working methods... Under the simultaneous development of multiple measures, the filing and review system and capacity-building have been continuously strengthened. Carry out special review In July 2018, the Standing Committee of the 13th National People's Congress held an additional meeting of the Standing Committee, which was not common in the past. The meeting deliberated and adopted a resolution on Comprehensively Strengthening Ecological and environmental protection and promoting the fight against pollution according to law, and proposed to speed up the comprehensive clean-up of laws, regulations, judicial interpretations and normative documents on ecological and environmental protection. A comprehensive clean-up of normative documents on ecological and environmental protection began. In 2018 and 2019, the legal work committee of the Standing Committee of the National People's Congress spent two years to complete the clean-up work. In 2018, 514 local laws and regulations were revised and 83 were repealed; In 2019, urge local governments to amend 300 local laws and regulations and abolish 44. Fighting the tough battle of pollution prevention and control is one of the "three tough battles" determined by the Party Central Committee. The special clean-up activity ensured the implementation and implementation of the spirit of the central government, and became a concrete embodiment of the function of filing and review to ensure that the central government orders and prohibitions. In addition, since the 13th National People's Congress and its Standing Committee performed their duties, the law working committee of the Standing Committee of the National People's Congress has carried out many special reviews and centralized clean-up around key areas related to the national economy and the people's livelihood and the implementation of important laws—— In 2019, carry out special review and centralized clean-up of local regulations in the field of food and drug safety; In February 2020, 26 decisions on epidemic prevention and control made by the Standing Committee of the provincial people's Congress were specially reviewed; In the first half of 2020, special review and centralized clean-up of laws, regulations, judicial interpretations and other normative documents in the field of wildlife protection will be deployed; In the second half of 2020, in coordination with the implementation of the civil code, special review and centralized clean-up of laws, regulations, judicial interpretations and other normative documents related to the civil code were carried out. In addition, it also undertook the task of strengthening the special review of regulations and rules related to the optimization of the business environment with the Ministry of justice, strengthened the review of administrative regulations, local regulations and judicial interpretations related to the business environment, and put forward modification and improvement suggestions to the formulation authorities for the 12 local regulations with outstanding problems. At present, a number of clean-up work is under way, including the centralized and special clean-up of laws, regulations and other normative documents related to the protection of the Yangtze River Basin in the first half of 2021; Centralized and special clean-up of administrative regulations, local regulations, departmental rules, local government rules and other normative documents involving administrative penalties from March 2021; The special clean-up work involving family planning laws, regulations and normative documents deployed and carried out in the second half of 2021. Insist on a reply Putting forward suggestions to the Standing Committee of the National People's Congress on the review of regulations and judicial interpretations is an important right conferred on citizens by the legislative law and the supervision law, and it is also an important channel for the people to supervise the formulation of regulations and judicial interpretations. One of the reasons why the record review system is important is that it is an important system design to protect and safeguard citizens' basic rights. In 2020, the Standing Committee of the National People's Congress received 5146 review suggestions from citizens and organizations. Among them, a total of 3378 were within the scope of its review, with a record number. The legal work committee of the Standing Committee of the National People's Congress is meticulous in the work flow of each proposal, adheres to the principle that everything must be reviewed and replied, carefully reviews and feeds back the results, so as to ensure that the filing and review work plays its due role, make it a "public opinion through train" for citizens to express their demands and make suggestions on the construction of the rule of law, and become an important embodiment of people's democracy in the whole process of the work of the National People's Congress. Promoting constitutional review In addition to the great changes in quantity, there is another change in the review suggestions put forward by citizens and organizations in 2020, that is, there are hundreds of review suggestions related to the constitution. For the first time, the 2020 annual work report on filing and review specifically listed "actively and steadily handling constitutional and constitutional issues" and disclosed three typical cases. The constitutional supervision system is the "capstone of the building of the rule of law" in a country. Strengthening the filing review is an important focus to improve the constitutional supervision system. The constitutional review has always been the focus and difficulty of the filing review. The Standing Committee of the 13th National People's Congress actively and steadily carried out constitutional review, and explored and carried out constitutional research in the deliberation of the draft law. For example, a constitutional study is conducted on whether the expression of "foreign natural persons, enterprises and other organizations" in the draft foreign investment law is in line with the provisions of Article 18 of the constitution. Another example is to study the constitutionality of relevant issues in the law on administrative sanctions against public officials. For example, some scholars put forward suggestions for constitutionality examination of registered residence drivers' qualification for Internet related drivers, and suggested that relevant departments should supervise and clear up relevant local laws, regulations and normative documents. The law working committee of the Standing Committee of the National People's Congress will earnestly implement the guiding opinions of the Party Central Committee on promoting the constitutional review, actively and steadily promote the constitutional review, explore the timely interpretation of the Constitution in the constitutional review, resolutely correct laws and regulations, judicial interpretations and other normative documents that violate the provisions, principles and spirit of the constitution, and safeguard the authority of the constitution, Guarantee the implementation of the constitution. (reporter Zhu Ningning) (outlook new era)
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