Report on the Work of the Standing Committee of the National People's Congress

Front matter

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

Delivered at the Fifth Session of the 13th National People's Congress on March 8, 2022

Li Zhanshu

The Year in Review

The year 2021 was a milestone in the history of the Communist Party of China (CPC) and our country. The Party celebrated the 100th anniversary of its founding and convened the sixth plenary session of the 19th Central Committee, at which the Party's major achievements and historical experience over the past century were reviewed and its third historical resolution was adopted. Having won the critical battle against poverty on schedule, the Party officially declared success in building a moderately prosperous society in all respects and achieving the First Centenary Goal, and it embarked on the new journey to build China into a modern socialist nation in all respects and achieve the Second Centenary Goal.

With great historical initiative, tremendous political courage, and a strong sense of responsibility, the Party Central Committee with Comrade Xi Jinping at its core responded calmly to changes and a pandemic of a magnitude not seen in a century and achieved new major progress in advancing all areas of the Party and country's endeavors. This further demonstrated the strong leadership of the Party Central Committee, the boundless might amassed by more than 1.4 billion Chinese people under the Party's leadership, and the great strengths of socialism with Chinese characteristics, and it fills us with greater confidence and resolve as we forge ahead on the new journey and make greater contributions in the new era.

2021 was also a year of particular importance in the history of the people's congress system. The Party Central Committee held the first-ever Central People's Congress Work Conference, where General Secretary Xi Jinping gave an important speech, providing profound answers to a number of major theoretical and practical issues concerning the development of socialist democracy with Chinese characteristics and the preservation and improvement of the people's congress system in the new era. He described the system of people's congresses as one of the Party's major institutional achievements of the past century, offered a systematic explanation of the important concept of whole-process people's democracy, and put forward the guiding thought, major principles, and main tasks for enhancing and improving the work of people's congresses. The Party Central Committee then issued the Guidelines on Upholding and Improving the People's Congress System and Enhancing and Improving the Work of People's Congresses in the New Era. The Party Central Committee's major plans and General Secretary Xi Jinping's important speech pointed the way forward and provided us with fundamental guidance for carrying out the work of people's congresses in the new era.

Over the past year, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, the NPC Standing Committee remained closely aligned with the Party Central Committee's major decisions and plans, the people's aspirations for a better life, and the need to modernize China's system and capacity for governance. We performed our duties in accordance with the law and fulfilled our responsibilities as we embarked on a new journey to develop China into a modern socialist nation in all respects. Our main work of the past year was as follows.

First, we further improved laws relating to the Constitution and safeguarded its supreme legal status, authority, and force.

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.

The implementation of the Constitution demands continuous improvement and development of relevant laws.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Third, we exercised more stringent and effective oversight of the lawful performance of the State Council, the National Commission of Supervision, the Supreme People's Court, and the Supreme People's Procuratorate to ensure the full implementation of the Party Central Committee's major decisions and plans.

An important principle of the people's congress system and a basic requirement of its institutional design is that the power of all state organs and their staff must be subject to oversight and constraints. Last year, we diligently performed our constitutionally and legally prescribed oversight duties and employed various statutory oversight methods to help solve prominent issues impeding China's economic and social development. Our oversight ensured that laws and regulations were effectively implemented, that all state organs performed their duties and carried out their work within the scope prescribed by the Constitution and the law, and that administrative, supervisory, adjudicatory, and procuratorial powers were properly exercised in accordance with the law.

Committed to exercising appropriate, effective, and law-based oversight, we heard and deliberated 31 reports, carried out inspections on the implementation of 6 laws, conducted 2 special inquiries, launched 7 research projects, and adopted 1 resolution.

The NPC special committees and the Standing Committee working bodies are responsible for the organization and execution of specific oversight work. Last year they performed their legal duties and fully played their roles in carrying out oversight projects determined by the Standing Committee, most notably including 12 work reports and 7 research projects. Their work facilitated the implementation of the major strategies, tasks, and initiatives of the Party and the country.

Regarding the economy, we heard and deliberated a report on the implementation of the 2021 plan for national economic and social development adopted by the fourth session of the 13th NPC, provided regular analysis of economic trends, and monitored the state of the economy, so that the plan could come to full fruition.

We heard and deliberated a report on accelerating the development of a new system for agricultural operations and on encouraging small rural households to become involved in modern agriculture. We heard and deliberated a report on building a modern comprehensive transportation system and launched a relevant inquiry.

We conducted research into strengthening germplasm resource conservation and innovation in plant breeding and into leveraging the key role of overseas Chinese in the joint pursuit of the Belt and Road Initiative.

Regarding ecological conservation and environmental protection, we heard and deliberated the State Council's report on the state of the environment in 2020, progress on environmental protection targets for the year, and its handling of our inspection report and relevant recommendations on the implementation of the Law on the Prevention and Control of Soil Pollution.

We heard and deliberated reports on environmental protection in the Yangtze River basin and on ecological conservation in Xiongan New Area and at Lake Baiyangdian. We also conducted research on the development of the national park-based nature reserve system.

Regarding social affairs, we heard and deliberated reports on teacher training and the implementation of the Teachers Law and on preservation of cultural heritage and implementation of the Cultural Relics Protection Law.

We launched a research project on efforts to promote economic and social development for ethnic groups with smaller populations. We conducted studies on strengthening the rule of law in ethnic affairs and continued advancing law-based administration of ethnic affairs.

In our examination and oversight of budgets and final accounts, we worked diligently to ensure compliance with the requirements to implement proactive fiscal policy, cut taxes and fees, support technological innovation, and practice fiscal frugality.

We heard and deliberated a report on the central final accounts for 2020, which we approved after reviewing. In this process, we put more emphasis on performance and expanded the scope of performance-based evaluations of key programs, involving funds totaling 1.7 trillion yuan.

We heard and deliberated a report on budget execution, and we exercised follow-up oversight of the direct provision and use of 2.8 trillion yuan in central government funds.

We heard and deliberated an audit report on central budget execution and other fiscal revenues and expenditures for 2020 and a report on the rectification of problems discovered through that audit. In monitoring the execution of fiscal and tax policies to ensure their effective implementation, we oversaw relevant government departments' investigations into and handling of issues like irregularities in tax rebates, indiscriminate government borrowing, and misappropriation of environmental protection funds.

With further progress in developing an online budget oversight system, we achieved preliminary success in coordinating work and sharing data between different departments at different levels. We also made headway in establishing local liaison offices for our Budgetary Affairs Commission.

Since the beginning of the current NPC's term, the Party Central Committee has entrusted it with new responsibilities and requirements to carry out reform for expanding the focus of budgetary examination and oversight and to conduct oversight of state-owned asset management.

Last year we heard and deliberated a report on the allocation and use of government funds for transportation, carried out research on the management and reform of government subsidies, and advanced the implementation of policies supporting scientific and technological innovation, environmental protection, social security, healthcare, and rural revitalization. In these endeavors, we ensured that fiscal expenditures prioritized the execution of major decisions and plans of the Party Central Committee.

For the fourth consecutive year, we deliberated the annual comprehensive report and a special report on the management of state-owned assets. We moved faster to advance online oversight of state-owned assets. We formulated guidelines on setting up a system of standards for NPC oversight and evaluation of state-owned natural resource asset management; we heard and deliberated the first-ever special report on state-owned natural resource asset management; and we encouraged the State Council to establish a rough inventory of 11 major categories of such assets that belong to the whole people. We now exercise oversight over the management of all four classes of state-owned assets: assets held by non-financial enterprises, assets held by financial enterprises, assets held by government offices and public institutions, and natural resource assets. Our oversight has had the effect of preventing damage to state-owned natural resources and losses of state-owned assets.

For the first time, the audit office of the State Council submitted a special report to the Standing Committee on an audit of state-owned assets. We revised our decisions to strengthen examination and oversight of central budgets and to strengthen oversight over economic work in an effort to establish long-term mechanisms.

In order to effectively guard against and mitigate local government debt risks, we pushed for the issuance and implementation of Party Central Committee guidelines for strengthening the examination and oversight of government debt by local people's congresses.

We intensified oversight of the implementation of the law.

In compliance with our statutory duties, acting within our statutory scope of authority, and following statutory procedures, we conducted inspections into the implementation of laws on an article-by-article basis.

We inspected the implementation of six laws: the Enterprise Bankruptcy Law, the Traditional Chinese Medicine Law, the Animal Husbandry Law, the Law on the Prevention and Control of Environmental Pollution by Solid Wastes, the Notarization Law, and the Fire Prevention and Control Law. A total of 23 inspection teams led by members of the Council of Chairpersons were sent to provinces, autonomous regions, and municipalities directly under the central government across the country, with attendance of members of the Standing Committee and various special committees reaching 133 and attendance of NPC deputies reaching 66. These inspections resulted in six reports, which have been heard and deliberated by the Standing Committee.

When inspecting the implementation of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes, we organized the first-ever research project for NPC deputies, with participation by 240 deputies from 13 provinces, autonomous regions, and municipalities directly under the central government. We conducted a special inquiry based on joint group deliberations of the inspection report so as to ensure an accurate evaluation of the Law's implementation status. Coordinating our inspections with efforts to raise public legal awareness, we launched a quiz about the Law on an online learning platform, attracting approximately 32 million participants and helping to ensure the Law's full and effective implementation.

When inspecting the implementation of the Enterprise Bankruptcy Law, we made full use of legal assessment tools and big data analysis. Combined with scrutiny of related laws, these methods provided good reference for better implementation and revision of the Law in the future.

We stepped up oversight of supervisory and judicial work to safeguard social fairness and justice.

We conducted research on the progress of efforts to extend supervisory oversight over all public employees, with the goal of enhancing the effectiveness of supervisory oversight.

We heard and deliberated reports from the Supreme People's Court on adjudication involving intellectual property rights and on its implementation of the Standing Committee decision on issues regarding litigation procedures for cases involving patents and other intellectual property rights, as well as a report from the Supreme People's Procuratorate on handling lawsuits and appeals.

We also heard and deliberated a report on the implementation of the resolution on the seventh five-year initiative to raise public awareness of the rule of law, and we adopted a resolution to launch the eighth five-year initiative. In doing so, we provided a strong foundation for accomplishing the goals laid out in the Outline for Building a Law-Based Society (2020–2025), including those to complete work on the eighth five-year initiative and to have the people fully embrace the rule of law by 2025.

Fourth, we provided support and safeguards for deputies to carry out their duties in accordance with the law and made sure that the idea of the people as masters of the country was reflected in how our deputies played their roles.

Deputies to people's congresses are members of organs of state power, and they participate in the exercise of state power on behalf of the people, thus playing an important role in developing whole-process people's democracy. Complying with the principles underpinning our work related to deputies, we further improved our performance and enhanced deputies' ties with state organs and the general public to help them serve as the bridge that links the Party and the country with the people.

Submitting proposals and suggestions is an important way for deputies to exercise their rights and perform their duties in accordance with the law.

All 473 proposals deputies put forward during the fourth session of the 13th NPC were reviewed by special committees. Among these, 30 legislative projects addressed in 90 proposals were reviewed and adopted or are currently under review, and 68 legislative projects addressed in 176 proposals have been included in our five-year or annual legislative plan. All 8,993 suggestions submitted by deputies during that session were forwarded to 194 organizations for examination and handling, which has now been completed. The 265 suggestions that were raised when the NPC was not in session were handed over to 98 organizations for examination and handling. These organizations have reported back to deputies on how each of their suggestions has been handled. As a result, a number of practical issues have been solved. Approximately 97.93 percent of deputies reported being satisfied or basically satisfied with how their suggestions were handled.

We strengthened our ties with deputies and grounded our work in the will of the people.

Among the members of the Standing Committee, 156 maintain direct contact with 439 deputies working at the primary level. NPC special committees and Standing Committee working bodies have also put in place mechanisms for staying in contact with deputies.

We sent more than 150 invitations to deputies to attend Standing Committee meetings in a nonvoting capacity and to join follow-up deputy discussions, and we promptly handled all 78 of their opinions and suggestions from the follow-up discussions, offering individualized feedback for each.

Deputies were invited to attend various Standing Committee activities, such as legislative research, drafting, debates, and assessments, with total attendance exceeding 200. For drafts of important laws concerning the immediate interests of the general public such as the Wetlands Protection Law and the Physical Culture and Sports Law, we solicited advice from deputies with backgrounds in relevant sectors.