Recently, the General Office of the State Council issued the legislative work plan of the State Council for 2023, which mentioned that in promoting green development and harmonious coexistence between man and nature, the revised draft of the Mineral Resources Law and the draft of the Energy Law were submitted to the Standing Committee of the National People's Congress for consideration. Regulations on compensation for ecological protection and regulations on water conservation shall be formulated. The draft amendments to the Law on Entry and Exit Animal and Plant Quarantine and the draft Law on National Parks will be submitted to the Standing Committee of the National People's Congress for deliberation. Prepare to formulate provisional regulations on the management of carbon emissions trading and revise the regulations on the management of ozone-depleting substances.
1. Earnestly study, publicize and implement the spirit of the 20th National Congress of the Party. Adhering to Xi Jinping's thought of rule of law to guide the legislative work
in the new era and new journey is a very important Congress held at the critical moment when the whole Party and the people of all nationalities are embarking on a new journey of building a socialist modern country in an all-round way and marching towards the goal of the second century. The report of the 20th National Congress of the Communist Party of China profoundly explains a series of major theoretical and practical issues concerning the adherence to and development of socialism with Chinese characteristics in the new era, describes the grand blueprint for building a socialist modern country in an all-round way and promoting the great rejuvenation of the Chinese nation in an all-round way, and points out the way forward for the development of the cause of the Party and the state in the new era and the realization of the goal of the second century. We should persist in implementing the spirit of the 20th National Congress of the Communist Party of China in the whole process and all aspects of legislative work, and constantly promote the legislative work of the new era and new journey to show a new atmosphere, achieve new achievements and achieve new results. The thought of rule of law in
Xi Jinping is an important theoretical innovation achievement that combines Marxist theory of rule of law with the concrete reality of the construction of rule of law in China and with the excellent traditional legal culture of China, and is the fundamental follow of the law-based governance of the country of the new era and new journey. The special chapter of the report of the 20th National Congress of the Communist Party of China made a major deployment on "adhering to law-based governance of the country and promoting the construction of China under the rule of law", put forward a series of new concepts, new ideas and new strategies, and further enriched and developed the thought of rule of law in Xi Jinping. We should adhere to Xi Jinping's thought of rule of law to guide the legislative work in the new era and new journey, constantly improve the quality and efficiency of legislative work, better play the fundamental, stable and long-term role of the rule of law, and lay a solid foundation for comprehensively promoting the rule of law in all aspects of national work.
2. Highlighting the key points of legislation, ensuring the overall situation
of the work of the Party and the state with high-quality legislative services, closely focusing on the major decision-making arrangements and objectives and tasks made by the 20th National Congress of the Party, thoroughly analyzing the legislative needs of promoting Chinese-style modernization, insisting on highlighting the key points, making urgent use first, scientifically and rationally arranging legislative items, and striving to achieve the goal. To better serve and guarantee the major decision-making and deployment of the Party and the state. In terms of
accelerating the construction of a new development pattern and striving to promote high-quality development, the Standing Committee of the National People's Congress was submitted to consider the draft Tariff Law, the draft Atomic Energy Law, the revised draft Anti-Money Laundering Law and the revised draft Arbitration Law. To formulate regulations on non-bank payment institutions, regulations on the punishment of managers of state-owned enterprises, regulations on local financial supervision and management, and to revise the provisions of the State Council on the standards for the declaration of concentration of operators and the regulations on the management of commercial passwords. Prepare to submit to the Standing Committee of the National People's Congress for deliberation the draft of the National Development Planning Law, the draft of the Consumption Tax Law, the revised draft of the Railway Law, the revised draft of the Fisheries Law, the revised draft of the Telecommunications Law, the revised draft of the Anti-Unfair Competition Law, the revised draft of the Metrology Law, the revised draft of the Foreign Trade Law, the revised draft of the Accounting Law, the revised draft of the Certified Public Accountant Law, and the revised draft of the Tax Collection and Management Law. The revised draft of the Commercial Bank Law, the revised draft of the Banking Supervision Law, the revised draft of the People's Bank of China Law and the revised draft of the Insurance Law. Prepare to formulate urban public transport regulations, some regulations of the State Council on comprehensive anti-smuggling control, regulations on supervision and management of listed companies, and prepare to revise road transport regulations.
In terms of promoting administration according to law and speeding up the construction of a government ruled by law, the Standing Committee of the National People's Congress has submitted the revised draft of the Law on Administrative Penalties for Public Security for consideration. Revise the measures for the implementation of the Archives Law. The revised draft of the Road Traffic Safety Law, the revised draft of the People's Police Law, the revised draft of the Customs Law, the revised draft of the Statistics Law, the revised draft of the Law on the Guarantee of the Operation of Organs, the revised draft of the Prison Law and the revised draft of the Lawyers Law will be submitted to the Standing Committee of the National People's Congress for deliberation. Prepare to formulate the regulations on the sharing of government data, and prepare to revise the regulations on the procedures for formulating administrative regulations, the regulations on the procedures for formulating regulations, and the regulations on the filing of regulations. Improve the legal system of ethnic work. Promote national anti-corruption legislation. In terms of
implementing the strategy of rejuvenating the country through science and education and promoting cultural self-confidence and self-improvement, the Standing Committee of the National People's Congress was submitted to consider the draft amendments to the Law on the Protection of Cultural Relics, the draft amendments to the Law on the Popularization of Science and Technology, the draft law on academic degrees and the draft law on preschool education. To formulate regulations on the protection of minors on the Internet and revise the detailed rules for the implementation of the Patent Law. It is prepared to submit to the Standing Committee of the National People's Congress for consideration the revised draft of the Teachers' Law, the draft of the Radio and Television Law, and the draft of the Artificial Intelligence Law. Prepare to formulate the regulations on safety management of biotechnology research and development, and prepare to revise the regulations of the National Natural Science Foundation of China. Strengthen the legal protection of intellectual property rights. In terms of
improving people's livelihood and improving people's quality of life, the Standing Committee of the National People's Congress has been submitted to consider the draft amendments to the Law on the Prevention and Control of Infectious Diseases, the draft amendments to the Frontier Health and Quarantine Law, the draft law on public health emergency Response and the draft law on social assistance. To formulate regulations on the management of social insurance, and to revise the regulations on preferential treatment for servicemen and the regulations on human organ transplantation. The draft Pharmacist Law, the draft Medical Security Law and the revised draft Organic Law of Urban Residents Committees will be submitted to the Standing Committee of the National People's Congress for deliberation. Prepare to formulate regulations on the implementation of the Consumer Rights and Interests Protection Law, regulations on the management of clinical research and transformation of new biomedical technologies, and revise regulations on urban water supply, national fitness and anti-doping. In terms of
promoting green development and harmonious coexistence between man and nature, the Standing Committee of the National People's Congress was submitted to consider the draft amendments to the Mineral Resources Law and the draft Energy Law. Regulations on compensation for ecological protection and regulations on water conservation shall be formulated. The draft amendments to the Law on Entry and Exit Animal and Plant Quarantine and the draft Law on National Parks will be submitted to the Standing Committee of the National People's Congress for deliberation. Prepare to formulate provisional regulations on the management of carbon emissions trading and revise the regulations on the management of ozone-depleting substances.
In terms of improving the legal system of national security and safeguarding national security and social stability, the draft law on food security and the revised draft law on the protection of state secrets were submitted to the Standing Committee of the National People's Congress for consideration. Regulations on Network Data Security Management, Regulations on Coal Mine Safety Production, Regulations on Consular Protection and Assistance, and Provisional Regulations on Flight Management of Unmanned Aerial Vehicles have been formulated. It is prepared to submit to the Standing Committee of the National People's Congress for consideration the draft law on the protection of cultivated land, the draft law on the safety of dangerous chemicals, the draft law on the national comprehensive fire rescue team and personnel, and the draft revision of the civil aviation law. It is preparing to formulate regulations on the control of exports of dual-use items and to revise the measures for the use of the design of the National Emblem abroad. We will improve the legal system for the prevention and control of cybercrime.
We should do a good job in the legislative work related to the reform of the Party and state institutions and the transformation of government functions. Draft laws that need to be submitted to the National People's Congress and its Standing Committee for deliberation in order to
speed up the modernization of national defense and the army, as well as administrative regulations that need to be formulated and revised, should be submitted to the State Council and the Central Military Commission for deliberation in due course.
In order to promote world peace and development, actively participate in the reform and construction of the global governance system, promote the construction of a community of human destiny, and carry out the review of relevant international treaties.
For other legislative projects assigned by the Party Central Committee and the State Council, we should handle them as soon as possible and complete the drafting and examination tasks as soon as possible.
For other legislative items that are being studied but not included in the legislative work plan, the relevant departments shall continue to study and demonstrate them.
3. Perfect the legislative system and mechanism, constantly improve the quality and efficiency
of legislative work, and uphold and strengthen the Party's overall leadership of legislative work. We will unswervingly adhere to the centralized and unified leadership of the Party Central Committee as the highest political principle of legislative work, improve the Party's leadership system that takes the overall situation into account and coordinates all parties, improve the implementation mechanism of the major decision-making and deployment of the Party Central Committee, and ensure a high degree of consistency in political position, direction, principle and path with the Party Central Committee with Comrade Xi Jinping as its core. It has always carried out legislative work around the major decision-making and deployment of the Party Central Committee, implemented the Party's leadership in all aspects of legislative work, and ensured that the Party's propositions become the will of the state through legal procedures. We will conscientiously implement the spirit of General Secretary Xi Jinping's important speeches and instructions on legislative work, and make the major legislative matters determined by the Party Central Committee and the major legislative projects assigned by the Party Central Committee the top priority of legislative work, so as to ensure high-quality and efficient completion. Major decisions, major matters and important situations in the legislative work should be reported to the Party Central Committee in a timely manner, and the legislative work plan and major legislative items should be submitted to the Commission for Overall Law-Based Governance of the CPC Central Committee for consideration as required. The legal status of the Party's leadership in relevant work is clearly stipulated in important laws and regulations, and the implementation of the Party's leadership requirements should be explained in the consideration of important draft laws and regulations.
Strengthen the coordination between government legislation and NPC legislation. Actively link up with the legislative plan, annual legislative plan and special legislative plan of the Standing Committee of the National People's Congress, and conscientiously prepare for the deliberation of legal bills. When drafting draft laws, relevant departments should take the initiative to strengthen contacts and communication with relevant special committees and working bodies of the Standing Committee of the National People's Congress. Where the law explicitly requires supporting provisions, the relevant departments shall make provisions as required to ensure the effective implementation of the law. Give full play to the important role of NPC deputies in legislative work, pay attention to listening to the opinions of NPC deputies in relevant fields or with relevant professional backgrounds, and better integrate the handling of NPC deputies'suggestions with legislative work.
We should further promote scientific legislation, democratic legislation and legislation according to law.We should adhere to the unity of promoting reform under the rule of law and improving the rule of law in reform, and guide, promote, standardize and guarantee major national reforms. We should adhere to scientific legislation, thoroughly analyze new situations and problems, respect the objective law of economic and social development, and enhance the pertinence and applicability of the legal system. We should adhere to democratic legislation, strengthen legislative investigation and research, expand the coverage and representativeness of public participation in legislation, and better play the "through train" role of grass-roots legislative contact points in grounding down, observing people's conditions, listening to public opinion and gathering people's wisdom. We should adhere to legislation in accordance with the law, embody the provisions, principles and spirit of the Constitution in various laws and regulations, conscientiously implement the newly revised legislative law, and ensure that legislation conforms to the spirit of the Constitution and the provisions of the superior law. We should coordinate the establishment, reform, abolition, interpretation and compilation, speed up the clearance of laws and regulations that do not meet the requirements of economic and social development and do not conform to the provisions of the superior law, pay attention to the coordination between laws and regulations, and better play the important role of legal norms at different levels. We should improve and strengthen the work of filing and review, adhere to the principle of "necessary, necessary and correct", strengthen the capacity building of filing and review, intensify the review, improve the quality and effectiveness of the review, and better safeguard the unity of the rule of law in the country.
Continuously improve the level of local legislation. Local people's governments with legislative power should promote the refinement of legislation in accordance with the needs of local economic and social development and the needs of the people, and give full play to the implementation, complementarity and exploratory role of local legislation. We should further improve the legislative work system, flexibly use "small incision" and "small quick" legislation, and constantly improve the quality and efficiency of local legislative work. We should strictly abide by the authority and procedures of local legislation and avoid ultra vires legislation, repeated legislation and blind legislation. We should establish and improve the working mechanism of regional collaborative legislation, earnestly sum up the practical experience of regional collaborative legislation innovation, and improve the level of regional collaborative legislation.
Vigorously strengthen the construction of the legislative work force. Highlighting political standards, educating and guiding the legislative team to always adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era of unified thinking, unified will and unified action, in-depth study and implementation of the rule of law in Xi Jinping, and continue to promote the construction of revolutionization, regularization, specialization and professionalization. In accordance with the Party Central Committee's decision-making and deployment on the training of legal personnel, special training should be organized in a planned way, practical training platforms should be enriched, and high-quality legislative personnel should be trained and reserved. We will vigorously strengthen the construction of legislative teams in cities and autonomous prefectures with districts, coordinate and strengthen the necessary work force, and constantly improve the political quality, legal literacy and practical ability of legislative staff.
4. Strengthen responsibility and earnestly implement
the legislative work plan. All departments of the State Council should attach great importance to legislative work, strictly implement the legislative work plan, strengthen organizational leadership, improve working mechanisms and promote the implementation of tasks. Give full play to the basic and supportive role of legislation in promoting the rule of law in all aspects of national work.
Drafting departments should conscientiously perform their drafting duties, do a solid job in research and demonstration, opinion collection and risk assessment, and complete drafting tasks with high standards and quality in accordance with the requirements of the legislative work plan. We should conduct in-depth investigation and research, adhere to the problem orientation, accurately grasp the outstanding problems in our work, and study and put forward targeted solutions. We should pay attention to listening to opinions from all sides, fully consult on the responsibilities of other departments, and obtain the consent of relevant departments such as organization establishment, examination and reform, finance and taxation on the division of responsibilities, administrative licensing, financial support and preferential tax policies. To strengthen communication and coordination with relevant departments, major differences of opinion that are difficult to resolve should be reported in a timely manner in accordance with the procedures. We should strengthen communication with the Ministry of Justice, promptly inform and solicit opinions from all sides, major differences of opinion and coordinate the handling of them.
The Ministry of Justice should conscientiously perform its duty of legislative review, strengthen the examination and control of legislative projects, strengthen overall organization and coordination, and comprehensively promote the implementation of the legislative work plan. For major legislative projects that need to be introduced urgently, we should coordinate our efforts, intervene in advance, speed up the promotion, and jointly draft and report when necessary. We should strictly control the quality of the review, ensure that the draft laws and regulations conform to the provisions, principles and spirit of the Constitution, and comply with the relevant requirements of the Legislative Law and the Regulations on the Procedures for Formulating Administrative Regulations. We should promote legislative projects as a whole, strengthen consultation, research, supervision and guidance, and ensure that they are submitted for consideration on time. We should strengthen the coordination of legislation, be good at "cutting a knife" on the focus of contradictions, and avoid the protracted delay of legislative projects due to the disagreement of individual opinions. If no consensus can be reached after full coordination, the Ministry of Justice and the drafting department shall promptly report and put forward suggestions for their work in accordance with the procedures.
Annex
The Legislative Work Plan of the State Council for the Year 2023 specifies the legislative items and the units
responsible for drafting them. I. Bills to be submitted to the Standing Committee of the National People's Congress for consideration (17)
1. Draft Law on food security Protection (National Development and Reform Commission, Draft amendments to the Law on the Prevention and Control of
Infectious Diseases (drafted by the State Health Commission and the State disease control and prevention Bureau)
3. Draft amendments to the Law on the Protection of Cultural Relics (drafted by the Ministry of Culture and Tourism) Draft Amendment to the Law on Administrative Penalties for
Public Security (drafted by the Ministry of Public Security)
5. Draft Amendment to the Frontier Health and Quarantine Law (drafted by the General Administration of Customs)
6. Draft Amendment to the Mineral Resources Law (drafted by the Ministry of Natural Resources)
7. Draft Amendment to the Law (drafted by the Ministry of Science and Technology)
8. Draft Law on public health emergency Response (National Health Commission, Draft Law on
Academic Degrees (drafted by the Ministry of Education)
10. Draft Law on Preschool Education (drafted by the Ministry of Education)
11. Draft Law on Tariffs (drafted by the Ministry of Finance and the General Administration of Customs)
12. Draft Law on Energy (drafted by the State Development and Reform Commission, Draft
Atomic Energy Law (drafted by the Ministry of Industry and Information Technology and the State Administration of Science, Technology and Industry for National Defense)
14. Draft Social Assistance Law (drafted by the Ministry of Civil Affairs, Draft Amendment to
the Anti-Money Laundering Law (drafted by the People's Bank of China)
16. Draft Amendment to the Arbitration Law (drafted by the Ministry of Justice)
17.
Draft administrative regulations to be considered (17)
1. Regulations on non-bank payment institutions (drafted by the People's Bank of China)
2. Regulations on the punishment of managers of state-owned enterprises (Ministry of Justice, SASASAC of the State Council, Drafted by the Ministry of Finance)
3. Provisions of the State Council on the Standards for the Declaration of Concentration of Operators (Revised) (drafted by the General Administration of Market Supervision)
4. Regulations on Local Financial Supervision and Administration (drafted by the People's Bank of China)
5. Regulations on the Administration of Commercial Ciphers (Revised) (drafted by the State Cipher Bureau) 0 HT ML0 UNK3 26.Measures for the Implementation of the Archives Law (Revised) (drafted by the State Archives Administration) 0 HTML0 UNK3 37.Rules for the Implementation of the Patent Law (Revised) (drafted by the State Intellectual Property Office) 0 HTML0 UNK3 48.Regulations on the Protection of Minors on the Internet (drafted by the State Cyberspace Administration) 0 HTML0 UNK3 59.Regulations on Preferential Treatment for Servicemen (Revised) Revised) (drafted by the Ministry of Veterans Affairs, the Political Work Department of the Central Military Commission and the Logistics Support Department of the Central Military Commission) 0 HTML 0 UNK3 610. NHSA drafting) 0 HTML 0 UNK3 711. Regulations on Human Organ Transplantation (revised) (drafted by the National Health Commission) 0 HTML 0 UNK3 812. Regulations on Compensation for Ecological Protection (drafted by the National Development and Reform Commission) 0 HTML 0 UNK3 913. Regulations on Water Conservation (Ministry of Water Resources, Ministry of Housing, Urban and Rural Construction, etc.) 0 HTML 0 UNK4 014. Regulations on Network Data Security Management (drafted by the State Cyberspace Administration Organization) 0 HTML 0 UNK4 115. Regulations on Coal Mine Safety Production (Ministry of Emergency Management, Ministry of Emergency Management). State Administration of Mine Safety (drafted) 0 HTML0 UNK4 216. Regulations on Consular Protection and Assistance (drafted by the Ministry of Foreign Affairs) 0 HTML0 UNK4 317.
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