Promoting the Modernization of National Governance System and Governance Capacity on the Track of Rule of Law, Focusing on the Key Points of the State Council's Organizational Law Amendment
2024-03-06
On September 20, 1954, the first session of the National People's Congress passed the May Fourth Constitution, and at the same session, the first Organic Law of the State Council was passed. On December 4, 1982, the Fifth Session of the Fifth National People's Congress passed the current Constitution, and it was also during this session that the current Organization Law of the State Council was passed. This year, after more than 40 years of implementation, the current State Council Organization Law has undergone its first revision. On March 5th, the revised draft of the State Council's Organizational Law was submitted for review at the Second Session of the 14th National People's Congress. One important task of revising the State Council Organization Law this time is to deeply summarize the practical experience of the State Council's rule of law administration since the 18th National Congress of the Communist Party of China, fully implement the strategic deployment of the Party Central Committee on comprehensively governing the country and building a rule of law government, accelerate the construction of a government governance system with clear responsibilities and rule of law administration, and continuously promote the institutionalization, standardization, and proceduralization of socialist democratic politics. The implementation and deployment reflect the comprehensive implementation of the Constitution in the new era. The Constitution is the overall basis and source of all national laws and regulations, with the highest legal status, authority, and effectiveness. In the organizational system of China's national institutions, the State Council and its various departments bear a very heavy task of organizational management, and their status and role are very important. The third chapter of the Constitution provides specific provisions on the nature and status of the State Council. Article 85 of the Constitution stipulates: "The State Council of the People's Republic of China, also known as the Central People's Government, is the executive organ of the highest state power and the highest state administrative organ." Article 92 of the Constitution stipulates: "The State Council is responsible to the National People's Congress and reports on its work. When the National People's Congress is not in session, it is responsible to the Standing Committee of the National People's Congress and reports on its work." The current Organization Law of the State Council does not provide specific provisions on the nature and status of the State Council in the above-mentioned constitution. One important task of revising the State Council Organization Law this time is to implement the provisions, principles, and spirit of the Constitution, and implement the strategic deployment of the Party Central Committee on comprehensive rule of law. This is an important part of comprehensively building a rule of law government, which is of great significance for accelerating the construction of a government governance system with clear responsibilities and lawful administration, and continuously promoting the institutionalization, standardization, and proceduralization of socialist democracy. According to the person in charge of the Constitution Office of the Legal Work Committee of the Standing Committee of the National People's Congress, considering the importance of the Constitution's provisions on the nature and status of the State Council, it has decided on the specific contents of the State Council's responsibilities, organizational structure, work system, etc. In order to ensure the integrity of the State Council's Organizational Law, the revised draft has added relevant provisions. At the same time, in accordance with the provisions of the Constitution on implementing the rule of law, the revised draft adds provisions: the State Council adheres to the rule of law in administration, comprehensively and correctly performs government functions in accordance with the Constitution and legal provisions; Members of the State Council shall abide by the Constitution and laws by example. Implementing the spirit of the Central Committee of the Communist Party of China and comprehensively strengthening the self construction of the State Council, the 20th National Congress of the Communist Party of China emphasized the transformation of government functions, optimization of the government's responsibility system and organizational structure, and promotion of the legalization of institutions, functions, powers, procedures, and responsibilities. Clear arrangements were made to promote the legalization of government organizational structures. The Second Plenary Session of the 20th Central Committee of the Communist Party of China approved the "Plan for the Reform of Party and State Institutions", which is aimed at deepening the reform of the State Council
Edit：Wangchen Responsible editor：Jia Jia
Source：http://www.legaldaily.com.cn
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