Explanation on the "Legislation Law of the People's Republic of China (Draft Amendment)" - March 5, 2023 at the First Session of the Fourteenth National People's Congress

 Wang Chen, Vice Chairman of the Standing Committee of the Thirteenth National People's Congress


Delegates:


I was entrusted by the Standing Committee of the Thirteenth National People's Congress to give an explanation on the "Legislative Law of the People's Republic of China (Draft Amendment)".


1. The Necessity and Significance of the Amendment


Legislation is an important political activity of the country. It is the process of transforming the Party's ideas and the will of the people into the country's will through legal procedures, and it is related to the overall development of the Party and the country. The Legislative Law is the basic law that regulates the national legislative system and legislative activities and maintains the unity of the socialist rule of law. my country's current legislative law was passed at the Third Session of the Ninth National People's Congress in March 2000, and was partially revised at the Third Session of the Twelfth National People's Congress in March 2015. The promulgation and implementation of the Legislative Law has played an important role in improving the legislative system and mechanism, improving the legislative system, standardizing legislative activities, promoting the formation and improvement of a socialist legal system with Chinese characteristics centered on the Constitution, and advancing the comprehensive rule of law.


Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has made a series of major arrangements for the comprehensive rule of law from the overall and strategic perspective of upholding and developing socialism with Chinese characteristics, promoted a series of major tasks, and achieved historic achievements. General Secretary Xi Jinping profoundly elaborated on a series of major theoretical and practical issues in comprehensively governing the country by law. Xi Jinping's thought on the rule of law provides fundamental guidelines for comprehensively governing the country by law in the new era and strengthening and improving legislative work. In 2019, the Fourth Plenary Session of the 19th CPC Central Committee decided to improve the legislative system and mechanism, adhere to scientific legislation, democratic legislation, and law-based legislation, and continuously improve the quality and efficiency of legislation. In 2021, the Party Central Committee convened the Central People's Congress Work Conference for the first time, and made comprehensive arrangements for upholding and improving the people's congress system in the new era, strengthening and improving the work of the people's congress, and clearly stated that it is necessary to accelerate the improvement of the socialist legal system with Chinese characteristics, promote development with good laws, and ensure good governance Wait for task requirements. In October 2022, the report of the 20th National Congress of the Communist Party of China put forward new requirements for improving the socialist legal system with Chinese characteristics centered on the Constitution.


To thoroughly implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, especially Xi Jinping Thought on the Rule of Law, practice the major concepts of people's democracy throughout the process, and implement the major decisions and arrangements of the Party Central Committee, it is necessary to carefully summarize the practical experience of legislative work in the new era and adapt to the coordinated promotion of the "five in one" Overall layout and coordinated promotion of the new situation and new requirements of the "four comprehensive" strategic layout, revision and improvement of the Legislative Law, further improvement of the legislative system and mechanism, and standardization of legislative activities, in order to improve the quality and efficiency of legislation, and accelerate the formation of a complete legal norm system and construction The socialist rule of law system with Chinese characteristics and the comprehensive construction of a modern socialist country on the track of the rule of law provide strong institutional support.


(1) Amending the Legislative Law is an inevitable requirement for strengthening the Party's overall leadership over the legislative work in the new era and ensuring the implementation of the Party's line, principles, policies and decision-making arrangements through the rule of law


The Party's leadership is the most fundamental guarantee for advancing the comprehensive rule of law and accelerating the construction of a socialist country ruled by law, and it is the soul of the socialist rule of law with Chinese characteristics. To do a good job in the legislative work in the new era, we must uphold the supreme political principle of the Party’s leadership. In 2018, the Party Central Committee established the Central Committee for Comprehensive Law-based Governance to strengthen the centralized and unified leadership of the Party Central Committee for comprehensive law-based governance. In 2019, the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Party's Political Construction" proposed that the formulation and revision of relevant laws and regulations should clearly stipulate the legal status of the relevant work of the party leadership. Amend the Legislative Law, highlight the legislative adherence to the leadership of the Communist Party of China, keep pace with the times, improve the expression of adherence to the guiding ideology of the party and the state, clarify the strategic goal of building a socialist legal system with Chinese characteristics, and better promote the comprehensive rule of law in the new era, ensuring that the party It is of great significance to ensure that the party's line, principles, policies, and decision-making arrangements are fully implemented and effectively implemented from the legal system.


(2) Amending the Legislative Law is an objective requirement for upholding and developing the whole process of people's democracy in the new era and ensuring that the people are the masters of the country through the rule of law


People's democracy is the life of socialism, and it is the proper meaning of building a modern socialist country in an all-round way. The whole process of people's democracy is the essential attribute of socialist democratic politics, and it is the broadest, most authentic and most effective democracy. Developing people's democracy in the whole process and ensuring that the people are the masters of the country are tasks clearly put forward by the Party Central Committee. The legislative system and legislative activities must adhere to the people-centered approach, adhere to the people's dominant position, fully implement the major concepts and practical requirements of people's democracy in the whole process, make relevant arrangements in the legislative system, and ensure that all aspects of legislative activities and legislative work can be heard. The voice from the people can understand the situation from the grassroots, actively respond to the new demands and expectations of the people, stand firm on the people's stand, grasp the people's wishes, respect the people's creativity, and pool the people's wisdom. Amend the Legislative Law to clarify that legislation upholds and develops people's democracy throughout the process, respects and protects human rights, and safeguards and promotes social fairness and justice. The vivid practice of this system ensures that legislation is for the people, depends on the people, benefits the people, and protects the people.


(3) Amendment of the Legislative Law is an important measure in the new era to promote comprehensive rule of law and constitutional governance, and to build a socialist country ruled by law


Comprehensive rule of law is the essential requirement and important guarantee of socialism with Chinese characteristics, and it is a profound revolution in state governance. Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has focused on safeguarding and promoting social fairness and justice, adhered to the joint advancement of law-based governance, law-based governance, and law-based administration, and adhered to the integrated construction of a country ruled by law, a government ruled by law, and a society ruled by law. Historic changes and achievements have taken place in the construction of socialist rule of law. Legislation is the premise and basis for comprehensively governing the country by law, and is the primary link in building a socialist country ruled by law. To adapt to the new situation and requirements of the country's reform and development, it is necessary to conscientiously summarize the practical experience of legislative work in the new era and improve the mechanism of our country's legislative system. An important purpose of amending the Legislative Law is to follow the strategic plan of the Party Central Committee for comprehensively governing the country by law, firmly grasp the key link of legislation, strengthen and improve the legislative work in the new era, improve the socialist legal system with Chinese characteristics centered on the Constitution, and build China's A characteristic socialist rule of law system, building a socialist country ruled by law.


Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has placed the full implementation of the Constitution in a prominent position in comprehensively governing the country according to law, promoted the innovation of constitutional theory and constitutional practice, and deepened the understanding of the laws of the construction of our country's constitutional system. A series of powerful measures have strengthened the implementation and supervision of the Constitution, and achieved important results and progress. The report of the Twentieth National Congress of the Communist Party of China emphasizes that adherence to the rule of law must first adhere to the rule of law, and requires strengthening the implementation and supervision of the Constitution, improving the institutional system to ensure the full implementation of the Constitution, giving better play to the important role of the Constitution in governing the country, and safeguarding the authority of the Constitution. The legislative system is one of the important contents of the constitution. The Constitution makes basic provisions on the legislative system and legislative authority, and the Legislative Law makes systematic provisions on the legislative system, authority, procedure, and legislative supervision system based on the Constitution, which is an important manifestation of the implementation of the relevant provisions of the Constitution through laws. Amending the Legislative Law, summarizing the practical experience in the implementation and supervision of the Constitution, clarifying the links and requirements for constitutional review, and ensuring the implementation of the Constitution with a scientific, effective and systematic system will help maintain the authority of the Constitution and the unity and integrity of the socialist legal system. Dignity, authority, and continuously improve the ability and level of governing the country and governing according to the constitution.


(4) The revision of the Legislative Law is to sum up the practical experience of correctly handling the relationship between reform and the rule of law in the new era, and to better adhere to the practical needs of promoting reform under the rule of law and perfecting the unity of the rule of law during the reform


Reform and the rule of law complement each other and go hand in hand. General Secretary Xi Jinping pointed out that "reform and the rule of law are like the two wings of a bird and the two wheels of a car", and emphasized that "it is necessary to adhere to the unity and connection of reform decision-making and legislative decision-making. role". Since the 18th National Congress of the Communist Party of China, the National People's Congress and its Standing Committee have actively adapted to the needs of reform and opening up and economic and social development, adhered to the unity of promoting reform under the rule of law and improving the rule of law during reform, and strengthened the work of enacting, revising, abolishing and releasing laws related to reform. Through "packaging" revisions, making authorization decisions and reform decisions, etc., timely provided legal basis for promoting relevant reforms, ensured the smooth implementation of major reform measures in the reform of party and state institutions, and economic and social development, and formed some effective practices and policies. experience. Amending the Legislative Law, summarizing the successful experience and beneficial practices in which legislation actively adapts to the needs of reform and development in practice, and improving the system and mechanism for legislation to lead and promote reform and innovation will help better realize the unification and connection of legislative decision-making and reform decision-making, and lay a solid foundation for reform and development. Provide the support and guarantee of the rule of law, and better play the role of the rule of law in strengthening the foundation, stabilizing expectations, and benefiting the long-term.


2. The revised guiding ideology, principles followed and work process


To amend the legislative law, we must hold high the great banner of socialism with Chinese characteristics, fully implement the spirit of the 20th National Congress of the Communist Party of China, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and thoroughly implement Xi Jinping Thought on the Rule of Law and General Secretary Xi Jinping’s principles on upholding and improving the people’s The important thought of the congress system, deeply comprehend the decisive significance of the "two establishments", strengthen the "four consciousnesses", strengthen the "four self-confidence", achieve the "two maintenances", and unswervingly follow the road of socialist rule of law with Chinese characteristics , adhere to the organic unity of the leadership of the party, the people being the masters of the country, and ruling the country according to law, promote scientific legislation, democratic legislation, and law-based legislation, further improve the legislative system, improve legislative procedures, standardize legislative activities, and improve legislative efficiency, so as to better build socialism in an all-round way. A modern country provides the guarantee of the rule of law.


The principles to be followed in the revision work: First, conscientiously implement the spirit of the work conference of the Central People's Congress and the major decisions and arrangements of the Party Central Committee, strengthen the Party's overall leadership over the legislative work, and ensure the effective implementation of the Party's line, principles and policies by improving the legislative system and mechanism. The second is to adhere to the people-centered approach, uphold and develop the people's democracy throughout the process, give full play to the function of the People's Congress as a platform for the expression of democratic public opinion, improve the working mechanism of absorbing public opinion and pooling public wisdom, and continuously expand and improve the mechanism for the people to participate in legislation in an orderly manner. ways and forms. The third is to adapt to the new requirements of the new era, summarize and absorb practical experience in legislative work, adhere to problem-oriented and demand-oriented, improve the legislative system and mechanism, and clarify relevant work requirements. This revision of the Legislative Law is a partial revision, and those that are really necessary to be revised will be revised and improved; those that can be revised or not, generally will not be revised. The fourth is to meet the needs of comprehensively deepening reform, insist that legislation and reform complement each other, come together, advance simultaneously, and be internally unified, and better play the important role of the rule of law in solidifying the foundation, stabilizing expectations, and benefiting the long-term. Fifth, follow the principles and provisions of the Constitution, pay attention to properly handle the relationship with the newly revised National People's Congress Organic Law, the National People's Congress Rules of Procedure, the National People's Congress Standing Committee Rules of Procedure, local organizational laws and other laws, do a good job of linking up, and strengthen the legislative system Sexuality, integrity, synergy, and timeliness.


The Party Central Committee with Comrade Xi Jinping at its core attaches great importance to the revision of the Legislative Law. In September 2022, General Secretary Xi Jinping presided over a meeting of the Standing Committee of the Political Bureau of the Central Committee, listened to, reviewed and agreed in principle to the request and report of the party group of the Standing Committee of the National People's Congress on issues related to the amendment draft of the Legislative Law, providing important guidance and follow-up for the revision of the Legislative Law .


According to the legislative work arrangement, the Legislative Affairs Committee of the Standing Committee of the National People's Congress will start the revision of the Legislative Law in early 2022. After extensive solicitation of opinions from various parties and careful research, a draft amendment to the Legislative Law has been proposed. During the period, the following tasks were mainly carried out: First, in-depth study and understanding of Xi Jinping’s thoughts on the rule of law and General Secretary Xi Jinping’s important expositions on legislative work, and comprehensively sorted out the major decision-making arrangements and work requirements of the Party Central Committee on strengthening and improving legislative work since the 18th National Congress of the Communist Party of China. The second is to carefully sort out the relevant bills, suggestions and proposals put forward by deputies to the National People's Congress and members of the National Committee of the Chinese People's Political Consultative Conference in recent years, and organize special research on issues related to the revision of the Legislative Law. The third is to hold several symposiums to listen to the opinions and suggestions of the central and relevant state departments, the special committees of the National People's Congress and the working bodies of the Standing Committee, local people's congresses, and some experts and scholars. The fourth is to issue the revised draft to the relevant departments of the central government and the state, the special committees of the National People's Congress and the working bodies of the Standing Committee, the Standing Committees of the People's Congresses of provinces (autonomous regions, municipalities directly under the Central Government) and some cities divided into districts, grassroots legislative contact points, some colleges and universities and Research agencies seek comments. The fifth is to conduct special surveys in some places to gain an in-depth understanding of new practices and experiences in local legislative work in recent years.


In October 2022, the 37th meeting of the Standing Committee of the 13th National People's Congress conducted the first review of the draft amendment to the Legislative Law. Members of the Standing Committee generally believe that the revised draft thoroughly implements Xi Jinping's thought on the rule of law, General Secretary Xi Jinping's important thoughts on upholding and improving the people's congress system, fully implements the spirit of the 20th National Congress of the Communist Party of China, the spirit of the Central People's Congress work conference, and major decisions of the Party Central Committee Deployment, summarizing and absorbing new experience and achievements of legislative practice in the new era, further promoting scientific legislation, democratic legislation, and law-based legislation, improving the guiding ideology and principles of legislation, improving the implementation and supervision system of the Constitution, and improving the legislative authority, procedures, and record-filing review system , which is conducive to improving the quality and efficiency of legislation, making the legal system more scientific and complete, with unified authority, and providing a more solid legal guarantee for the comprehensive construction of a modern socialist country. In December 2022, the 38th meeting of the Standing Committee of the Thirteenth National People's Congress reconsidered the draft amendment to the Legislative Law. The deliberation opinions of the members and the opinions of various parties have matured, and it was decided to submit the draft amendment to the Legislative Law to the First Session of the Fourteenth National People's Congress for deliberation.


After the draft revision of the Legislative Law was deliberated at two meetings of the Standing Committee of the Thirteenth National People's Congress, the full text of the draft was published twice on the National People's Congress website for public comments. The General Office of the Standing Committee of the National People's Congress will issue the revised draft to deputies of the 14th National People's Congress, organize and deploy deputies to the National People's Congress to study, discuss and solicit opinions. On February 16, 2023, the Constitution and Law Committee of the Thirteenth National People's Congress held a meeting. Based on the deliberation opinions of the members of the Standing Committee of the National People's Congress, the opinions raised by representatives in the study and discussion, and the opinions of various parties, the draft amendment to the Legislative Law was made. Further modification and improvement. The Constitution and Law Committee of the National People's Congress believes that after deliberation at two meetings of the Standing Committee of the National People's Congress, extensive solicitation of opinions, and multiple revisions and improvements, the draft amendment to the Legislative Law has fully absorbed opinions and suggestions from all quarters and is relatively mature. Accordingly, the "Legislation Law of the People's Republic of China (Draft Amendment)" submitted to this meeting for deliberation was formed.


3. Main contents of the revised draft


The "Legislation Law of the People's Republic of China (Draft Amendment)" has a total of 37 articles, and the main amendments are as follows:


(1) Improve the guiding ideology and principles of legislation. According to the new situation and new requirements, the guiding ideology and principles of legislation shall be enriched and improved. The first is to implement the provisions of the Constitution and the spirit of the 20th National Congress of the Communist Party of China. Based on the major theoretical innovations of the Party in the new era, the guiding ideology of legislation has been improved to keep pace with the times, and Article 3 of the current Legislative Law has been changed to For two, it is clear that legislation should adhere to the leadership of the Communist Party of China, adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the important thought of "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era. The construction of a characteristic socialist legal system ensures the comprehensive construction of a modern socialist country on the track of the rule of law (Article 1 of the revised draft); legislation should adhere to economic construction as the center, adhere to reform and opening up, implement new development concepts, and ensure comprehensive modernization in the Chinese style. Promote the great rejuvenation of the Chinese nation (Article 1 of the revised draft). The second is to improve the principle of legislation based on the Constitution and law, and amend Article 4 of the current Legislative Law to read: Legislation should conform to the provisions, principles and spirit of the Constitution, follow the statutory powers and procedures, and proceed from the overall interests of the country to maintain the socialist legal system unity, dignity, and authority (Article 2 of the Draft Amendment). The third is to improve the principle of democratic legislation, implement the spirit of the 20th National Congress of the Communist Party of China and the major concept of people's democracy in the whole process, and add a paragraph to Article 5 of the current Legislative Law: Legislation should uphold and develop people's democracy in the whole process, respect and protect human rights , to ensure and promote social fairness and justice (Article 3 of the Draft Amendment). The fourth is to implement the deployment requirements of the Party Central Committee on the integration of socialist core values into the construction of the rule of law, and add regulations: legislation should advocate and promote socialist core values, adhere to the combination of law-based and moral governance, build a sense of community of the Chinese nation, and promote socialism Construction of spiritual civilization (Article 4 of the revised draft). The fifth is to clarify the principle requirements for the cohesion and unity of legislative decision-making and reform decision-making, and add regulations: legislation should meet the needs of reform, insist on promoting reform under the rule of law and improving the unity of the rule of law during reform, guide, promote, standardize, and guarantee relevant reforms, Give full play to the important role of the rule of law in the modernization of the national governance system and governance capabilities (Article 5 of the revised draft).


(2) Clarify the relevant requirements for constitutional review. Based on the spirit of the Constitution and the deployment requirements of the Party Central Committee on advancing the work of constitutional review, the practical experience in recent years is summarized. Relevant opinions on constitutional issues; the Constitutional and Legal Committee shall explain the constitutional issues involved in the bill in the report on the amendment or the report on the deliberation results (Article 10, Article 12, Article 1 of the Draft Amendment Article 18). The second is to clarify the requirements for constitutional review in the filing review work, and add regulations: relevant state organs may report to the Standing Committee of the National People's Congress in writing if they believe that administrative regulations, local regulations, autonomous regulations, and separate regulations have constitutionality and legality issues. A request for review is put forward; if there are issues of constitutionality and legality, the subject and procedure for handling are stipulated (articles 30 and 31 of the revised draft). In addition, to implement the relevant provisions of the 2018 Constitutional Amendment and the relevant decisions of the Standing Committee of the National People's Congress, the "Legal Committee" in the current Legislative Law was changed to the "Constitution and Law Committee" (Articles 10, 12, and Thirty-one, item two of Article 37).


(3) Improve the system and mechanism for linking and unifying legislative decision-making and reform decision-making. Implement the requirements of the Party Central Committee, sum up practical experience, and make the following amendments and improvements based on the opinions of relevant parties: First, improve the exclusive legislative power of the National People's Congress and its Standing Committee, and change the "arbitration system" that can only formulate legal matters to "arbitration basics" system” (Article 7 of the draft amendment). The second is to improve the provisions of Article 13 of the current Legislative Law on authorization decisions based on mature experience and practices in practice, clarifying that the National People's Congress and its Standing Committee may, according to the needs of reform and development, decide to authorize "specific matters" in " Temporarily adjust or temporarily suspend the application of some of the provisions of the law within the specified time limit and scope; at the same time, a provision is added: if the matters of the temporary adjustment or suspension of the application of some provisions of the law are proved to be feasible by practice, the National People's Congress and its Standing Committee shall promptly revise the relevant provisions. Law; when the conditions for amending the law are not ripe, the period of authorization can be extended, or the implementation of relevant legal provisions can be resumed (Article 8 of the draft amendment). The third is to add regulations: The State Council may, according to the needs of reform and development, decide to temporarily adjust or suspend the application of some provisions of administrative regulations within the specified time limit and scope for specific matters in the field of administration and management (Article 23 of the draft amendment).


(4) Improve the legislative authority, legislative procedures and working mechanisms of the National People's Congress and its Standing Committee. In recent years, the National People's Congress and its Standing Committee have taken many innovative measures in strengthening and improving legislative work and perfecting the legislative system and mechanism. Summarizing the practical experience, the legislative authority, legislative procedures and working mechanism of the National People's Congress and its Standing Committee are amended and improved as follows: First, according to practical needs, it is further clarified that the National People's Congress and the Standing Committee of the National People's Congress exercise national legislation "according to the provisions of the Constitution". power, and add a provision: the National People's Congress can authorize the Standing Committee of the National People's Congress to formulate laws (Article 6 of the Draft Amendment). Second, based on practical practices and in line with the revised NPC rules of procedure, it is further clarified that: for legal bills decided by the Standing Committee to be submitted to the National People’s Congress for deliberation, deputies can be organized to study and discuss them at an appropriate time, soliciting their opinions (No. nine). The third is to meet the needs of emergency legislation under special circumstances, adding a provision: bills on the agenda of the Standing Committee meeting, in case of emergency, can also be put to vote after deliberation at a Standing Committee meeting (Article 11 of the draft amendment). The fourth is to improve the procedures for the termination of deliberation of bills, and amend the provisions of the current Legislative Law on the termination of deliberation of bills to read: bills that are included in the standing committee meeting for deliberation, due to the necessity and feasibility of enacting the law, etc. If there are major differences of opinion on an issue that has been put on hold for two years, or if it has not been put on the agenda of the Standing Committee meeting for two years due to a temporary non-vote, the chairmen's meeting may decide to terminate the deliberation and report to the Standing Committee; when necessary, The chairmen's meeting may also decide to postpone the deliberation (Article 13 of the revised draft); fifth, according to practical needs, on the basis of the current legislative law that relevant state organs may submit legal interpretation requests to the Standing Committee of the National People's Congress, clarify that the State Council, the Central Military The Commission, the National Supervisory Commission, the Supreme People's Court, the Supreme People's Procuratorate, and special committees of the National People's Congress may "propose relevant legal bills" to the Standing Committee of the National People's Congress (Article 14 of the Draft Amendment). The sixth is to implement the requirements of the Party Central Committee on promoting scientific legislation, democratic legislation, and law-based legislation, enriching legislative forms, coordinating legislation, reform, abolition, interpretation, and codification, summarizing practical experience, and adding regulations: The National People's Congress and its Standing Committee adhere to scientific legislation, democratic legislation, and law-based legislation Legislation, through formulation, revision, abolition, interpretation of laws and compilation of codes, etc., to enhance the systematicness, integrity, synergy and timeliness of legislation (Article 15 of the revised draft); the National People's Congress and its Standing Committee made relevant Decisions on legal issues shall be governed by the relevant provisions of this Law (Article 17 of the Draft Amendment). The seventh is to sum up practical experience and add provisions for "special legislative plans" (Article 16 of the revised draft); the working body of the Standing Committee of the National People's Congress formulates legislative technical specifications (Article 20 of the revised draft); the working body of the Standing Committee of the National People's Congress strengthens legislative publicity work, release legislative information in various forms, introduce the situation, and respond to concerns (article 22 of the draft amendment). The eighth is to summarize the practice and make it clear that after the law is signed and announced, the legal text, the announcement, the explanation of the draft, and the report on the deliberation results, etc., should be published in the communique of the Standing Committee of the National People's Congress, the website of the National People's Congress, and newspapers distributed nationwide. (Article 19 of the Draft Amendment); at the same time, it is further clarified that after the publication of local regulations, the text of the regulations and regulations, the announcement, the description of the draft, and the report on the results of the review shall be made public accordingly (Article 26 of the Draft Amendment). Ninth, in accordance with the spirit and practice of the Party Central Committee, clarify the status and role of grassroots legislative contact points, and add provisions: the working body of the Standing Committee of the National People's Congress shall set up grassroots legislative contact points according to actual needs, and listen to grassroots people and relevant parties on the draft law and legislation. Opinions on work (Article 21 of the draft amendment).


(5) To adapt to the reform of the supervision system and supplement relevant content. According to the provisions of the Constitution and the Supervision Law, in line with the National People's Congress Organic Law and other relevant laws and decisions, the relevant content of the Supervisory Committee has been supplemented and perfected as follows: First, it is clarified in the relevant legislative powers: the formation, organization of the Supervisory Committee and powers are matters that can only be enacted by law (article 7 of the draft amendment). Second, it is clarified in the provisions on legislative procedures that the National Supervisory Commission may submit legal bills and review relevant regulations to the National People’s Congress and its Standing Committee (Article 30 and Item 1 of Article 37 of the revised draft) . The third is to add regulations: the National Supervisory Commission formulates supervisory regulations in accordance with the Constitution and laws and the decisions of the Standing Committee of the National People's Congress, and reports them to the Standing Committee of the National People's Congress for the record (Article 36 of the revised draft).


(6) Improving the authority and procedures of local laws and regulations. According to the new situation and needs, sum up the practical experience, and modify and improve the legislative authority and procedures of local laws and regulations: First, regarding the matters that cities divided into districts can exercise local legislative power, change "environmental protection" to "ecological civilization" "Construction" and added "Grassroots Governance" (Articles 24 and 28 of the revised draft). The second is to implement the national regional coordinated development strategy, and add regulations based on local practical experience: the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures can coordinate to formulate local regulations according to the needs of regional coordinated development. Implementation within the administrative region or related regions; provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may establish a regional coordinated legislative work mechanism (Article 25 of the revised draft). The third is to expand the main body of formulating regulations. According to relevant legal provisions and practical needs, the provision of "institutions stipulated by law" is added to the main body of departmental rules and regulations (Article 27 of the revised draft).


(7) Improve the filing review system. The filing and review of regulations, rules and other normative documents is an important system for maintaining the unity of the country's rule of law. Implement the spirit of the Party Central Committee, summarize the practical experience in recent years, and further improve the filing and review system. The first is to improve the active review system, clarify the relevant content of special review, and amend the third paragraph of Article 99 of the current Legislative Law and list a separate article. Regulations, local regulations, autonomous regulations, and separate regulations, etc., shall be actively reviewed, and special reviews may be conducted as needed; one paragraph is added as the second paragraph: the State Council’s filing review agency may review the local regulations and autonomous regulations submitted for filing and separate regulations, departmental rules, and regulations formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, and may conduct special inspections as needed (Article 29 of the draft amendment). The second is to establish and improve the linking mechanism for filing and review, and add a regulation: the filing and reviewing agency should establish and improve the linking mechanism for filing and reviewing, and promptly transfer the review requirements or review suggestions that should be handled by other agencies to relevant agencies for handling (Draft Amendment No. 33 strip). The third is to implement the spirit of the Party Central Committee, summarize practical practices, clarify the system of laws and regulations, and add regulations: laws, administrative regulations, local regulations, autonomous regulations, separate regulations, rules and other normative documents should be based on the principle of maintaining the unity of the legal system and the needs of reform and development (Article 34 of the revised draft).


In addition, some textual expressions and legal cohesion have been revised and improved, and the order of individual articles has been adjusted.


Please review the "Legislation Law of the People's Republic of China (Draft Amendment)" and the above explanations.

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