Realize new achievements, show new weather and achieve new results
Our reporter Li Wanxiang
In 2017, under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, the State Council held high the great banner of Socialism with Chinese characteristics, guided by the Supreme Leader’s New Era Socialism with Chinese characteristics Thought, resolutely safeguarded the authority and centralized leadership of the CPC Central Committee with the Supreme Leader as the core, resolutely implemented the major decision-making arrangements of the CPC Central Committee and the State Council, achieved new achievements, showed a new atmosphere and achieved new results.
Over the past year, the State Council held 12 executive meetings to discuss and pass 12 legal bills and administrative regulations, and to examine and approve 15 legal bills and administrative regulations. In order to serve the "streamline administration, delegate power, strengthen regulation and improve services" reform, the National People’s Congress Standing Committee (NPCSC) was asked to amend 13 laws, 53 administrative regulations and abolish 3 administrative regulations in five batches. We have completed the special clean-up of laws, regulations and normative documents related to reform measures since the 18th National Congress of the Communist Party of China. More than 240 laws, 2,200 regulations and 88,100 normative documents have been revised and abolished. Put forward legal review opinions on more than 2,000 documents. Clean up and settle all accumulated cases of administrative reconsideration over the years. Focusing on three pilot systems: publicity of administrative law enforcement, record of the whole process of law enforcement, legal review of major law enforcement decisions, and supervision of the construction of a government ruled by law, we will promote the construction of a government ruled by law with tighter responsibilities, more practical measures and faster pace.
Resolutely implement the major decision-making arrangements of the CPC Central Committee and the State Council, and complete key legislative projects with high quality and efficiency.
Adhere to the connection between the legislative process and reform decision-making, actively adapt the legislation to the reform requirements, and follow up the government legislation wherever the reform is comprehensively deepened, serve as a whole to promote the overall layout of the "five in one" and coordinate the promotion of the "four comprehensive" strategic layout, adhere to the general tone of striving for progress in stability, continuously improve quality and efficiency, and strive to ensure the rule of law for the overall situation of reform, development and stability.
First, in order to meet the requirements of the new normal of economic development, implement the new development concept, and promote high-quality economic development, the National People’s Congress Standing Committee (NPCSC) is requested to review the tobacco tax law, the decision to extend the pilot period of rural contracted land management rights and mortgage loans for farmers’ housing property rights in some areas, the decision to set up a port at Tiexi Jiulong Station of Guangzhou-Shenzhen-Hong Kong High-speed Railway to implement the cooperative arrangement of "one place, two inspections", formulate regulations on supervision and management of financing guarantee companies, investigate and deal with unlicensed operations, amend the provisional regulations on value-added tax, and abolish the provisional regulations on business tax. Second, in order to protect and improve people’s livelihood, improve the ecological environment, prosper culture and promote social harmony and stability, the National People’s Congress Standing Committee (NPCSC) is requested to review the draft law on public libraries, formulate regulations on disability prevention and rehabilitation of the disabled, regulations on voluntary service, regulations on the implementation of the environmental protection tax law, and amend administrative regulations such as regulations on education for the disabled, regulations on land acquisition compensation and resettlement for large and medium-sized water conservancy and hydropower projects. Third, in order to ensure the reform of the army and the armed police force and safeguard national security, the National People’s Congress Standing Committee (NPCSC) was requested to consider a draft decision on temporarily adjusting and applying relevant laws and regulations during the reform of the Chinese People’s Armed Police Force, formulate detailed rules for the implementation of the anti-espionage law, and revise the regulations on civilian personnel of the Chinese People’s Liberation Army and other administrative regulations. Fourth, in order to standardize administrative actions and strengthen the government’s self-construction, the regulations on the management of buildings and halls built by government agencies and groups, the regulations on the implementation of statistical law, and the regulations on the procedures for formulating administrative regulations, rules and regulations and other administrative regulations have been revised. The fifth is to promote and guarantee according to law.Streamline administration, delegate power, strengthen regulation and improve services "reform, submitted to the National People’s Congress Standing Committee (NPCSC) in two batches for consideration of a package of amendments to laws, 13 laws were amended, 53 administrative regulations were amended in three batches, and 3 were abolished. Sixth, in order to promote the construction of new international relations, build a community of human destiny, and actively promote the "Belt and Road" international cooperation, 14 international treaties including the border defense cooperation agreement of the member States of the Shanghai Cooperation Organization were reviewed and completed. In addition, it also cooperated with relevant parties of the National People’s Congress to review draft laws such as the General Principles of Civil Law, the Law on Prevention and Control of Water Pollution, the Law on Prevention and Control of Soil Pollution, the Law on Enterprise Income Tax, the Law on the Red Cross Society, and the Law on Electronic Commerce.
Conscientiously implement the strategic plan of the Party Central Committee to comprehensively govern the country according to law and solidly promote the construction of a government ruled by law.
In order to adapt to the new situation and new tasks of comprehensively promoting the rule of law and speeding up the construction of a government ruled by law, it is more important and prominent to promote the construction of a government ruled by law in view of the weak links such as inadequate implementation of responsibilities and uneven development. First, give full play to the important role of the inspector baton. The State Council Legislative Affairs Office carefully studied and formulated the work plan for the supervision of the construction of a government ruled by law. With the approval of the State Council, it implemented the combination of written supervision and on-the-spot supervision, comprehensive supervision and key supervision, which not only supervised tasks, progress and effectiveness, but also observed understanding, responsibility and style. While conducting written inspections on the construction of government ruled by law in 82 localities and departments, the Legislative Affairs Office of the State Council went to five provinces (regions) to conduct on-the-spot inspections. The second is to solidly promote the "three systems" pilot of administrative law enforcement. The publicity of administrative law enforcement, the record of the whole process of law enforcement and the legal review of major law enforcement decisions are the three most important and key links in administrative law enforcement, which have a holistic, basic and breakthrough driving role in promoting strict, standardized, fair and civilized law enforcement. According to the requirements of the CPC Central Committee and the decision of the State Council, the Legislative Affairs Office of the State Council led the organization to carry out the "three systems" pilot in 32 localities and departments, and achieved remarkable results. The third is to increase publicity and promote the construction of a government ruled by law to be deeply rooted in the hearts of the people. Participate in the preparation of the special political commentary film "Carry out the Reform to the End", "China ruled by law" and the large-scale achievement exhibition "Five Years of Striving for Progress" to fully display the achievements and highlights of the construction of a government ruled by law;Chen Yanli and Wu Hua, the first-line legal cadres in the construction of a government ruled by law, were elected as the top ten legal figures in the country in 2017, which conveyed the positive energy of the rule of law; Open a column of "Building a Government under the Rule of Law" in the China Municipal Government Legal Information Network, comprehensively publicize and introduce the good practices and typical experiences of various localities and departments, and demonstrate the exemplary role. The fourth is to promote the provincial governments to disclose the annual report on the construction of a government ruled by law to the public. Urge local governments to make public the annual report on the construction of a government under the rule of law in a timely manner, reprint the annual reports published by provincial governments on the China Municipal Government Legal Information Network, show the effectiveness of the construction of a government under the rule of law, and promote the construction of a government under the rule of law to speed up and increase efficiency through mass supervision and social supervision.
Strengthen the cleaning and filing review of regulatory documents, and earnestly safeguard the unity, dignity and authority of the national legal system.
In order to ensure the smooth implementation of the reform decisions of the CPC Central Committee and the State Council, and ensure the full and correct implementation of national laws and regulations, we will further intensify the clean-up work and filing review. First, in order to resolutely implement the spirit of the decision of the CPC Central Committee and the State Council to deal with the ecological environment destruction in Gansu Qilian Mountain National Nature Reserve, we immediately organized various regions and departments to carry out ecological civilization construction and clean up local laws, regulations and normative documents on environmental protection. By the end of 2017, various regions and departments had revised and abolished more than 200 local regulations, more than 260 regulations and more than 9,100 normative documents. Second, in order to ensure the effective implementation of the "streamline administration, delegate power, strengthen regulation and improve services" reform measures in accordance with the law, all localities and departments were organized to carry out the "streamline administration, delegate power, strengthen regulation and improve services" reform and special clean-up of regulations and normative documents that restricted the development of new kinetic energy. By the end of 2017, more than 1,900 regulations and 79,000 normative documents had been revised and abolished by various regions and departments, and the special clean-up of more than 750 existing effective administrative regulations had been completed. Third, in order to effectively implement the requirements of "everything must be examined, everything must be prepared, and mistakes must be corrected", a special review was carried out on departmental regulations involving the "streamline administration, delegate power, strengthen regulation and improve services" reform, and relevant departments were urged to amend and abolish 25; Carry out a special review of local government regulations involving "taking the audit results as the basis for the completion and settlement of government-invested construction projects" and urge local governments to amend and abolish 15;Concentrate on organizing a centralized review of 1693 laws and regulations formulated in 2016, entrust experts to assist in reviewing 740 laws and regulations formulated in the first half of 2017, and timely classify and deal with the problems found. Through the record review, the unity of the national legal system and the smooth implementation of government decrees have been effectively maintained.
All the backlog cases of administrative reconsideration decisions were settled, and the guidance and supervision of administrative reconsideration and administrative litigation work throughout the country were continuously strengthened.
In recent years, the number of cases applying for administrative reconsideration decisions in the State Council has increased rapidly year by year. The Legislative Affairs Office of the State Council has made great efforts to overcome the difficulty of too many cases, implemented the requirements of the Central Inspection Team in October 2016, and made 2017 the "year of clearing up the accumulated cases of administrative reconsideration decisions". A total of 5,638 cases of administrative reconsideration decisions were settled in the whole year, and the backlog of cases for many years has all been settled, achieving the goal of clearing. In the process of handling cases, notification, interviews and error correction have been intensified in places where common problems and illegal situations are prominent. Strengthen the guidance and supervision of administrative reconsideration and administrative litigation work of various departments in various regions, guide and promote the reform of the administrative reconsideration system centered on "centralized administrative reconsideration responsibilities", and accumulate valuable experience for further promoting the reform of the administrative reconsideration system in 2018.
Do a solid job in the legal review before the introduction of major reform decisions, and be responsible for the legal system for the CPC Central Committee and the State Council.
The CPC Central Committee and the State Council attached great importance to the legality review of major reform decisions, repeatedly stressed that major reforms should be based on laws, and most of the relevant decisions required the the State Council Legislative Affairs Office to conduct legal review before they were issued. The Legislative Affairs Office of the State Council went all out to handle more than 2,000 such cases in 2017, of which more than 200 were instructed by leading comrades of the CPC Central Committee and the State Council. The legitimacy review of major reform decisions involves major reform issues in all aspects, with strong political sensitivity, complex legal relationship, high social concern, pressing time and great difficulty. The Legislative Affairs Office of the State Council attaches great importance to it ideologically, and devotes about half of its efforts to accomplish this important task, making efforts to put forward opinions and suggestions in a down-to-earth and meticulous manner, dutifully, carefully and steadily, and ensuring that the relevant reform decision-making authority, procedures and contents are legal, and that all reforms are always comprehensively promoted on the track of the rule of law.
Efforts will be made to promote publicity and research on the rule of law and exchanges with foreign countries on the rule of law, and vigorously promote the road, theory, system and culture of the rule of law in Socialism with Chinese characteristics.
First, strengthen the research on the theory and practice of Socialism with Chinese characteristics’s rule of law, organize forces to take the initiative to speak out in the central media and new media, publicize the achievements of comprehensively administering the country according to law, and refute the thoughts and tendencies of "westernization of the rule of law" such as "western constitutionalism", "separation of powers", "judicial independence" and "multiparty politics". Do a good job in legislative propaganda, publicize and interpret the newly issued administrative regulations in the form of the person in charge of the Legislative Affairs Office of the State Council answering a reporter’s question, invite experts and scholars to write interpretation articles, and promote the whole society to respect the law-abiding usage of the law. Hundreds of articles on theory, propaganda and interpretation were published throughout the year. Second, actively carry out Sino-German and China-EU "dialogue on the rule of law", successfully hold the 17th legal seminar of Sino-German dialogue on countries ruled by law and the 2nd China-EU legal affairs dialogue, adapt to the requirements of the times when China is approaching the center of the world stage and actively participating in the formulation of international rules, spread the idea and voice of the rule of law in China to the world, and expand the influence and appeal of the rule of law in China. Third, through the legal information network of China government, the brilliant achievements of Socialism with Chinese characteristics’s rule of law construction are displayed, and the publicity of rule of law is organically combined with online law popularization.
There must be a new pattern in the new era and a new struggle for new goals. Under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, the Legislative Affairs Office of the State Council will thoroughly study, publicize and implement Socialism with Chinese characteristics Thought of the Supreme Leader in the new era and the spirit of the 19th National Congress of the Communist Party of China, resolutely implement the major decision-making arrangements of the CPC Central Committee and the State Council, promote the better and faster development of the government’s legal work, and provide a strong legal guarantee for the decisive victory in building a well-off society in an all-round way and starting a new journey of building a socialist modernized country in an all-round way.