(1) Formulating and Revising A Number of Laws
-- Formulating the Tourism Law. The tourist industry plays an important role in expanding the consumer demand, optimizing the industrial structure, promoting the coordinated development of all regions, and deepening the friendship of people among different countries. In order to regulate the order of the tourism market, protect and make rational use of tourism resources, and promote the sustained and sound development of the tourist industry, the NPC Standing Committee adopted the Tourism Law of the PRC in April 2013. First, it clarifies the rights and obligations of tourists; second, it stipulates the order of the tourism market, business activities, the qualifications of travel agencies and employees, and the operating rules. It clarifies that travel agencies are prohibited from organizing tourism activities with unreasonably low prices, taking tourists to designated shopping places or providing tourism services for additional payments; third, it improves the dispute settlement mechanism and provides for the acceptance of complaints, mediation, arbitration and litigation; and fourth, it clarifies the liabilities of the governments in the aspects of tourism development planning, promotion and supervision.
-- Formulating the Special Equipment Safety Law. The safety of special equipment is directly related to personal and property safety. In June 2013, the NPC Standing Committee adopted the Special Equipment Safety Law. First, it defines the classified supervision and administration of the state over the safety of the production, trading and use of the special equipment. Second, it ensures the legal status of the safety technical specifications, clarifies the safety technical specifications and relevant standards for the production, trading, use, inspection, and testing of the special equipment. Third, it clarifies the liabilities of the producers, traders and users of the special equipment for the safety of the special equipment they produce, trade and use. Fourth, it clarifies that China shall establish a recall system for defective special equipment. It stipulates that if the identical defects in the special equipment caused by production are dangerous to safety, the producer of the special equipment shall stop producing it immediately and took the initiative to recall the defective products. Fifth, it defines a scrapping system for special equipment, and stipulates that if the special equipment that has hidden trouble for accidents and has no service value, or it has exceeded the service life as prescribed in the safety technical specifications, it shall be scrapped in good time.
-- Revising the Trademark Law. Since the implementation of the Trademark Law became effective in March 1983, it had played an important role in protecting the exclusive right to use trademarks and promoting the economic and social development. The NPC Standing Committee revised the Trademark Law twice in 1993 and 2001. It made the third revision of the Trademark Law in August 2013. Drawing on and absorbing the advanced experience of other countries, it made improvements to the current trademark system in China in an effort to solve the outstanding issues found in practice. First, it enlarges the scope of trademark registration, and clarifies that sound can be registered as a trademark. Second, it defines the time limit for trademark examination. The time limit for the preliminary examination of a trademark is nine months, and the time limit for the examination of an objection application for investigation and verification is 12 months. Third, it improves the objection system of requisition, simplifies the procedure of objection, cancels the link of making a ruling on the review of the objection by the trademark office. It stipulates that the trademark office can directly make the decision to register the trademark or not, and determine the subject who claims objection for the infringement of his/her prior right as the person with the prior right or the interested party; Fourth, it clarifies the protection system for famous trademarks, and makes clear that a famous trademark shall be determined as an individual case and subject to passive protection. Fifth, it administers strict legal responsibility for trademark infringements, and adds provisions for punitive damages and increases the legal amount of damages.
-- Revising the Law on the Protection of the Rights and Interests of Consumers. The current Law on the Protection of the Rights and Interests of Consumers has played an important role in protecting the legitimate rights and interests of consumers, maintaining the social and economic order, and promoting the healthy development of the socialist market economy since it became effective in 1993. The NPC Standing Committee revised the Law in October 2013. The main changes were: First, it lays emphasis on the enhancement of social credibility. It stipulates that a business operator shall adhere to social ethics, and do honest business in providing commodities or services to consumers to protect the legitimate rights and interests of consumers, and that he/she shall not set unfair or unreasonable conditions for transactions, nor make compulsory transactions. Second, it substantiates and details the rights and interests of consumers. It clarifies the protection of the personal information of consumers. Third, it strengthens the obligations of the business operators – the obligations of the “three guarantees for repair, exchange and refund”. It clearly defines the operator's burden of proof, and obligation of recalling defective commodities, and standardize the clauses for the style of operators. Fourth, it regulates shopping online and other new modes of consumption. It protects consumers' right to know, the right to return products without the need of reasons, and the right to claim compensations. Fifth, it improves the functions of the Consumers' Association, making clear that the association shall perform the duty of public interest and has the right to file suits for public interest. Sixth, it makes heavier the liabilities of operators for illegal business. Advertising agencies shall bear the same liabilities with the business operators if they design, produce and publish false advertisements on foods and drugs that cause harm to consumers. It increases the force of punitive damages and administrative punishment. Seventh, it further clarifies the supervision duties of the administrative departments.
-- Adopting the Decision on Authorizing the State Council to make tentative adjustments to the provisions on administrative examination and approval in the relevant laws for the Chinese (Shanghai) Free Trade Experimental Zone. In order to accelerate the transformation of governmental functions, innovate the opening model, and further explore the experience of deepening the reform, the NPC Standing Committee made the decision in August 2013 to authorize the State Council to make tentative adjustments to the provisions on administrative examination and approval in the Law of the PRC on Foreign-Capital Enterprises, the Law of the PRC on Chinese-Foreign Equity Joint Ventures, and the Law of the PRC on Chinese-Foreign Contractual Joint Ventures for foreign investment other than those under the special control measure of market access as stipulated by the state in the Chinese (Shanghai) Free Trade Experimental Zone established on the basis of the Shanghai Waigaoqiao Bonded Area, the Shanghai Waigaoqiao Bonded Logistics Park, the Yangshan Bonded Port Area and the Shanghai Pudong International Airport Bonded Area. The NPC Standing Committee also makes clear that the adjustments will be implemented on an experimental basis for three years, if the experiments prove feasible, the relevant laws and regulations shall be amended and improved, and if the experiments prove that the adjustments are not suitable, the relevant provisions in the laws shall be resumed for implementation.
-- Adopting the Decision on abolishing the provisions on reeducation through labor. The system of reeducation through labor had been in force in China for more than 50 years, and it played its due role in maintaining the order of public security and preventing and reducing crimes. With the progress made in promoting the socialist and democratic rule of law, the historical role of reeducation through labor has ended, and the conditions were ready for the abolition of the system of reeducation through labor. In December 2013, the NPC Standing Committee adopted the decision to abolish the Decision of the State Council on the Issue of the Reeducation through Labor and the Supplementary Provisions of the State Council on Reeducation through Labor. It stipulated that before the system of reeducation through labor was abolished, the decisions on reeducation through labor made according to law remained effective, and that after the system was abolished, the persons who were serving for reeducation shall be released and no longer serve for reeducation for the remaining period.
-- Adopting the Resolution on the Adjustment and Improvement of the Birth Policy. The NPC Standing Committee made a resolution on the adjustment and improvement of the birth policy in December 2013. It pointed out that the birth policy was a fundamental state policy which must be upheld for a long time. At present, in the light of the economic and social development and the changes in the population situation, it is necessary to make gradual adjustments and improvements to the birth policy, It consented to the start of the policy of permitting married couples to have two children if one of the parents is a single child. The people's congresses of all provinces, autonomous regions and municipalities directly under the central government or their standing committees shall make timely amendments and improvements to their relevant local statutes or make provisions and organize their implementation according to law in line with the population, the Family Planning Law and the Resolution of the NPC Standing Committee and in the light of their actual local conditions.
In 2013, the NPC Standing Committee adopted a resolution on the revision of the Law of the People's Republic of China on the Protection of Relics and eleven other laws and another resolution on the revision of seven laws including the Law of the People's Republic of China on the Protection of Marine Environments in a package. It cancelled or transferred the administrative approval to a lower level for part of the items established by certain laws, and reviewed the Draft of the amended Environmental Protection Law, the Draft of the Law of Assets Appraisal, the draft of the Amendment to the Administrative Procedural Law, and the draft of the Amendment to the Law on the Protection of Military Installations.
In 2013, the NPC Standing Committee also drew up the Five-Year Legislative Plan of the Standing Committee of the 12th National People's Congress, set the objectives and tasks for legislation, work requirements and implementation measures. Conditions are ripe for 47 items to be submitted for review, including the revision of the Law of Legislation, the Organic Law of the People's Courts, the Organic Law of the People's Procuratorates, the Budget Law, the Administrative Procedural law, the Administrative Reconsideration Law, the Securities Law, the Law on the Administration of Tax Collection, and the Food Safety Law, and the formulation of the Basic Medical Care And Health Law, the Grain Law, the Law on the Prevention and Control of Soil Pollution, the Charity Law and the Value-Added Tax Law. Work on 21 legislative items is now under way, and they will be submitted for review when conditions are ripe. They include the revision of the Law against Unfair Competition, the Law of the People's Bank of China and the Mineral Resources Law, and the formulation of the E-Commercial Law, the Community Correction Law, the Nuclear Safety Law and the Development and Planning Law. In order to carry out the legislative plan and strengthen and improve the legislative work, the NPC Standing Committee held a legislative work conference in October 2013 to make overall arrangements for the legislative work of the 12th NPC Standing Committee.
(2) Formulating and Revising A Batch of Administrative Regulations and Local Statutes
The State Council formulated and revised a batch of administrative regulations in 2013 in accordance with the functions and powers prescribed in the Constitution and other laws. In respect of deepening the reform and opening up, the State Council formulated the Regulations on the Administration of the Entry and Exit of Aliens and the Regulations on the Administration of Railway Safety, and revised the Regulations on the Administration of Foreign-funded Insurance Companies and the Measures for the Statistical Declaration of International Payments. In respect of promoting ecological progress, the State Council formulated the Regulations on Urban Drainage and Sewage Treatment and the Regulations on the Prevention and Control of Pollution from Large-scale Breeding of Livestock and Poultry. In respect of maintaining the state security, the State Council formulated the Regulations on the Protection of the Yangtze River Gorges Water-Control Project. In respect of protecting intellectual property rights, the State Council revised the Regulations on the Protection of Computer Software, the Regulations on the Implementation of the Copyright Law, the Regulations on the Protection of the Right to Spread Information on the Networks and the Regulations on the Protection of New Plant Varieties. In order to promote the reform of the administrative examination and approval system and the transformation of government functions according to law, the State Council cleaned the laws and administrative regulations related to the cancellation and transfer of items subject to government examination and approval, and made decisions to abolish and revise part of the administrative regulations, abolished the Measures for the Administration of Coal Production License, amended part of the clauses of 38 administrative statutes, including the Regulations on the Administration of Futures Trading and the Regulations on Seamen.
In accordance with the specific conditions and actual needs in their localities, the local people's congresses with the legislative power and their standing committees formulated a number of local statutes in 2013 on the principles of non-contravention with the Constitution, laws and administrative regulations and having local characteristics and practicality. For example, in respect of accelerating the change of the economic development patterns and promoting scientific development, Beijing City formulated the Regulations on Promoting the Development of Medium-sized and Small Enterprises, Guizhou Province formulated the Regulations on Rural Poverty Alleviation and Development, Fujian Province formulated the Regulations on Agricultural Cooperation between Fujian and Taiwan, and Henan Province formulated the Regulations on the Non-Tax Revenue of the Government. In respect of promoting democracy and regulating the state power, Yunnan Province formulated the Measures for the Election of Villagers' Committees, Sichuan Province formulated the Regulations on Financial Supervision and the Regulations on Governmental Affairs and Services, Gansu Province formulated the Regulations on Statistics Control, and Yunnan Province and Qinghai Province both formulated the Regulations on the Prevention of Duty Crimes. In respect of strengthening the cultural work and promoting cultural development, Yunnan Province formulated the Regulations on the Protection of Intangible Cultural Heritage and Sichuan Province formulated the Regulations on Public Libraries. In respect of ensuring and improving the people's livelihood and innovating social management, Liaoning Province formulated the Regulations on the Protection of the Rights and Interests of Employees, the Guanxi Zhuang Autonomous Region formulated the Regulations on the Prevention and Treatment of AIDS, and Guangdong Province formulated the Regulations on Comprehensively Combating Smuggling. In respect of saving resources, protecting environments and promoting ecological progress, Hainan Province formulated the Regulations on the Protection of the Sources of Drinking Water, Shanxi Province formulated the Regulations on Forest Parks, Qinghai Province formulated the Regulations on the Protection of Wetlands, Shaanxi Province formulated the Regulations on the Conservation of Water and Soil, Zhejiang Province formulated the Regulations on the Prevention and Control of Exhaust Pollution from Motor Vehicles, and Henan Province formulated the Regulations on the Reduction of Pollutant Emissions.
(3) Continue to Promote Scientific and Democratic Legislation
In 2013, the NPC Standing Committee regarded the betterment of the quality of legislation as the most important part of the improvement of the legislative work and made new steps forward in promoting scientific and democratic legislation. First, it paid attention to making the laws easier and more practicable for implementation. It made the provisions of the laws as detailed, clear and definite as possible. Second, it explored the possibility of making assessments before a law is adopted. When the draft of a law was submitted for review, it added the link of pre-assessment before it was adopted. It invited NPC members, pubic representatives, related business operators, representatives of organizations, experts, scholars, and representatives of competent departments to make a comprehensive assessment of the time for adopting a bill, its social impact, and the scientific character and rationality of the provisions. Third, it changed the old practice of publishing only the first draft for public comments and also published the second draft for further public comments. Fourth, it strengthened the work of investigation and study for legislation through on-the-sport surveys, secret examinations and investigative statistics to obtain the most real information. Fifth, it attached more importance to the role of NPC deputies in making laws, and invited them to participate in investigations, forums and discussions and seriously considered their comments and suggestions. In 2013, more than 300 NPC deputies were invited to attend meetings of the NPC Standing Committee and review proposed bills.
In 2013, the State Council continued the work of soliciting suggestions openly for the drafts of administrative regulations. Nine drafts of laws which were intended to be submitted to the NPC Standing Committee for review and administrative regulations that would be adopted by the State Council were published on the official website of legal information of the Chinese government to solicit opinions and suggestions from all walks of life.
In 2013, the local people's congresses with legislative powers and their standing committees openly solicited suggestions from the public for the next five years' legislative items and annual legislative topics and suggestions for legislation plans by publishing the drafts of local statutes. They made assessments and held demonstrations for the statutes to be submitted for review and voting, and held on-line hearings for legislation. They gave briefings, held discussions among consultants on special legal topics and invited public figures to attend discussions on legislation for consultation. They selected deputies at all levels to participate in the legislation, employed legislative advisors, legislative consultants and legislative consulting groups to establish expert banks for legislative consultations. They opened official micro-blogs for legislation, and continued to broaden the channels for public participation in lawmaking to enhance the scientific and democratic level of legislation.
(4). Legal Supervision by the NPC Standing Committee
In 2013, the NPC Standing Committee exercised its power of supervision according to law, made efforts to strengthen supervision and inspection on the implementation of the Constitution and other laws, strengthened supervision over the work of the government, the Supreme People's Court and the Supreme People's Procuratorate, effectively normalized the governmental acts, promoted the improvement of judicial honesty and credibility, maintained the unification, dignity and authority of the national legal system, and maintained the public interests and the interests of the people.
-- Inspecting the implementation of laws.
In 2013, the NPC Standing Committee inspected the implementation of the Compulsory Education Law, the Law on Renewable Energy, the Meteorology Law and the Administrative Reconsideration Law.
With regard to the Law on Compulsory Education, the inspection focused on the guarantee for and management and use of the appropriations for compulsory education, the training of teachers for rural schools, balanced development of compulsory education, the implementation of the educational policy, quality-oriented education and the improvement of the quality of education. With regard to the Law on Renewable Energy, the inspection laid emphasis on the major issues in the implementation of the law, the formulation of supplementary laws and regulations and the issue of connection with other laws. With regard to the Meteorology Law, the stress was laid on the implementation of the laws and systems related to the prevention and aversion of meteorological disasters, the exploitation and utilization of meteorological resources, the protection of meteorological facilities and meteorological sounding environments, the formulation of supplementary laws and regulations, the prevention and reduction of natural disasters at the grassroots level, and the implementation of the dual-plan financial system. With regard to the Administrative Reconsideration Law, the inspection focused on the major measures taken to implement the law and the effect, the improvement of the ability of administrative reconsideration, the connection between administrative reconsideration and the relevant systems, and the major issues in the implementation of the Administrative Reconsideration Law. In the course of inspecting the implementation of the four laws, members of the NPC Standing Committee also put forward opinions and suggestions for the revision and improvement of the relevant laws and systems. The State Council and its relevant departments paid high attention to all their opinions and suggestions and adopted a series of improvement measures.
-- Hearing and reviewing special work reports. In 2013, the NPC Standing Committee heard and reviewed the reports from the State Council. They included the report on the work of establishing a mechanism for ecological compensation, the report on the central final accounts in 2012, the work report on the audit of the budget implementation and other revenues and expenditures in 2012, the report on the standardization of the law enforcement by public security departments, the report on the work of promoting urbanization, the report on the progress in the financial reform in rural areas, the report on the implementation of the 2013 Plan for the National Economic and Social Development, the report on the implementation of the budget, the report on the work of preventing and treating infectious diseases and the implementation of the Law on the Prevention and Treatment of Infectious Diseases, the report on the implementation of the strategy for the development of the western regions, the report on the allocation and use of the state funds for science and technology, the report on the mid-term assessment of the implementation of the Twelfth Five-Year Plan for the National Economic and Social Development Program of the People's Republic of China, the report on the work of poverty alleviation and development in the rural areas. The NPC Standing Committee heard and reviewed the report of the Supreme People's Court on the implementation of the Decision on People's Assessors and the work of people's assessors, and the report of the Supreme People's Procuratorate on the work of procuratorial organs in the struggle against corruption and bribery. All these reports were related to the economic work, promoting the rule of law, people's livelihood, and the protection of ecological environments. When the NPC Standing Committee heard and reviewed the report on the allocation and use of the state funds for science and technology in October, members present at the meeting addressed special inquiries on the report. This was the first time that the NPC Standing Committee exercised supervision on the use of state funds in a particular area.
-- Filing and reviewing normative documents.
The NPC Standing Committee attached importance to the work of filing and reviewing normative documents, and strengthened the active review of the laws, regulations and judicial interpretations that were filed. In 2013, the NPC Standing Committee reviewed 15 administrative laws and regulations formulated by the State Council, and 32 judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratrate one by one and provision by provision.
Started in April 2011, the work of cleaning the current judicial interpretations and other normative documents in the nature of judicial interpretation in a concentrated form was finished after a two-year effort. The NPC Standing Committee heard and reviewed the report from its Commission of Legislative Affairs on the work of cleaning the current judicial interpretations in April 2013. Members of the NPC Standing Committee believed that the cleaning work was of great importance to the maintenance of the uniformity of the national legal system and the guarantee for the correct implementation of laws. They said that the remaining work should be continued and that the needed work of revising 187 judicial interpretations and documents in the nature of judicial interpretation should be done within a definite time limit to further promote the normalization of the judicial interpretations. They emphasized that the formulation of a judicial interpretation should coincide with its original purpose and follow the principles defined by law, and the interpretation would be made within the scope prescribed by law. It would be necessary to clean the relevant judicial interpretations in good time in the light of the new development and new requirements arising from the formulation, revision or abolition of a law to form a normal work mechanism for cleaning to ensure that the judicial interpretations are consistent with the national laws, and give better play to the role of judicial interpretations in guiding the judicial and procuratorial work. The Supreme People's Court and the Supreme People's Procuratorate made a special study of the opinions and comments of the NPC Standing Committee members, and started the work of revising judicial interpretations and documents in the nature of judicial interpretation as required by the NPC Standing Committee to ensure that the cleaning work would be completed with high quality by the end of 2014. They also adopted effective measures to further strengthen and normalize the work of judicial interpretations to promote the uniformity and correct implementation of laws, and submitted a written report on the work to the NPC Standing Committee in December 2013.
聚合中文网 阅读好时光 www.juhezwn.com
小提示:漏章、缺章、错字过多试试导航栏右上角的源