On March 18, 2003, the newly-elected NPC Standing Committee Chairman Wu Bangguo made a solemn promise at the closing ceremony of First Session of 10th NPC: A socialist legal system with Chinese characteristics will take shape during his tenure. Wu’s remarks ushered in decade-long legislative efforts.
From the 9th to the 11th NPC,China’s lawmakers have made enormous strides in legislation with the formation of a socialist legal system with Chinese characteristics as scheduled.
During the past 10 years, the NPC and its standing committee spare no efforts in drafting quality laws and harvest outstanding achievements: deliberating and approving one amendment to the Constitution, adopting 185 drafting laws, legal interpretations and relevant statutes.
Starting from a new point, we look forward to kicking off a new journey. In retrospect, we could clearly see every step we have made in the pursuit of the rule of law.
Constitutional revision represents a milestone in human rights development
Jin Haiping (C), an NPC deputy fromAnhuiProvince, carefully examines the draft amendment to the Constitution at a group discussion of NPC session on March 8, 2004 at the Great Hall of the People inBeijing.CFP
The Second Session of the 10th NPC approved the fourth amendment to the Constitution in March, 2004. The revision absorbed the Party’s major theories and policies adopted in the 16th CPC National Congress as well as other concepts and experiences that had proved mature, especially the “Three Represents” thought, which reflects the interests and will of the people. Such a revision has produced profound and far-reaching influences onChina’s social development.
Another eye-catching achievement is to write the principle of “respecting and safeguarding human rights” into the Constitution. Stipulations concerning non-State economy, social security, protection of private assets, public interest compensation and State emergency all relate with human rights protection. To safeguard human rights is the core value, a starting point and the final pursuit of the rule of law. It was the first time in China to upgrade human rights from a political concept to a legal term, which means to buoy up the Party’s and the government’s political concepts and documents to the level of common will of the people and a basic law of the State. Such a change is regarded as a milestone inChina’s human rights development into a new era.
It is basic pursuit forChina’s legislation workers to restrain national public power as well as to protect citizens’ legal rights. A series of related laws have been hammered out since then: The Property Law stimulates the whole society to pursue wealth while protecting private assets; The Tort Law fills the “right gaps” of Chinese people and provides them weapons to safeguard their legitimate interests; The Administrative Compulsory Law enlarges the scope of legal right protection by curbing the administrative compulsory; The revised State Compensation Law improves the system of civil rights protection; The Law of Criminal Procedure, after amending, appropriately deals with the relations between punishment of criminals and protection of human rights.
To sum up, the 2004 version of the Constitution has triggered out a “right revolution” in legislation and the top legislature has depicted a rosy picture thatChinais transforming from “power society” to a “right society.”
Law on Administrative Permit triggers a transition from administrators to service providers
Citizens ofNantong,JiangsuProvince handle relative administrative approval projects inGovernmentAffairsServiceCenterinNantongon February 8, 2012.CFP
Following the promulgations of the State Compensation Law, the Administrative Punishment Law and the Administrative Reconsideration Law, the Law on Administrative Permit is another important law that helps regulate the activities of the government. The law not only changes the concepts of the administrators but also their management models. The enactment of the law helps improve the relations between government officials and ordinary people, pushing forward the “omnipotent” government to become a responsible, transparent and honest one. Trivial and unnecessary administrative permits have existed for quite a long time inChina, breeding corruptions. The law aims to curb corruptions through streamlining the issuance of administrative permits.
After its implementation, the law has brought profound changes toChina’s administrative system. Governments at various levels began to provide conveniences to the people rather than just issue administrative orders. The massive of people were not troubled by the mountains of red tapes any more.
Property Law: An example of democratic legislation
After repeated deliberation , the Property Law is overwhelmingly adopted by the 5th Session of the 10th National People’s Congress on March 16, 2007. Several citizens inKunming City,YunnanProvince are consulting lawyers on the Property Law.Cai Xiangrong
Since law makers began to draft the property law in 1993, a record of 15 years had passed when it finally got approved at the 5th Session of the 11th NPC. The marathon process reflects the difficulties of law making. During the process, legislators voluntarily listened to the opinions from people from all walks of life, especially the voices from the grassroots. The NPC Standing Committee publicized the full text of the draft property law to solicit more than 10,000 suggestions from deputies, central and local officials, legal experts and economists. The NPC Standing Committee then organized more than 100 symposiums and held special meetings on some professional topics. In one word, the promulgation of the Property Law spreads legislation knowhow among the ordinary people, setting up an good example of democratic law making.
Labor Contract Law: Changing labor conflicts into harmony
On December 25, 2007, migrant workers and their employer sign a labor contract. The Sichuan Huaying Stars Construction Group signed a labor contract with more than 1,300 migrant workers in accordance with the relevant provisions of the Labor Contract Law which was formally implemented on January 1, 2008.Xinhua
How to dissolve labor contradictions is an important topic faced by the law makers when drafting the labor contract law. Owing to the peculiarity of labor relations, employees are usually in an unfavorable position game, demanding a favorite in the implementation of the law. Meanwhile, a stable and harmonious employment relationship concerns not only the employees but also the employers, demanding a win-win solution in handling labor conflicts. After careful considerations, legislators chose to clarify the rights and obligations of both parties of labor contracts to protect their legitimate rights and interests. The legislation conforms to the international common practice and meets the demand ofChina’s situation as well. Due to the complexity of labor relations, the legislation process of Labor Contract Law is not an easy one. Meanwhile, the law makers have demonstrated their intellectual prowess and are ready to listen to suggestions from the people. Nowadays, more efforts are still needed to better implement the law.
Anti-money Laundering Law: Another weapon to combat corruption
The Anti-Money Laundering Law, which was approved during the 24th meeting of the 10th NPC Standing Committee on October 31, 2006, takes into effect on January 1, 2007. CFP
Being a rampant public nuisance around the world, money-laundering always triggers corruptions and other crimes as well. One prominent feature of money-laundering is that it often connects closely with corrupt officials. Through cross-boarder money laundering, many corrupt officials transferred abroad their dirty money. Legislators have adopted a series of measures to fight against corruptions. The enactment of the law represents another showdown towards corruption inChina.
Anti-Monopoly Law: To create a fair and orderly marketing environment
The cartoon shows that the Anti-Monopoly Law, which was approved during the 29th meeting of the 10th NPC Standing Committee on August 30, 2007, takes into effect on August 1, 2008.CFP
Being an important component of the socialist legal system, the Anti-Monopoly Law is dubbed as “the economic constitution.” It not only safeguards marketing competition order but also plays a key role in adjusting national economy. The law gives legitimate weapons for further reform and opening up policies, helps build a fair environment for marketing competition, boosts international trade and technological cooperation and stimulates economic vitalities as well.
Tort Law safeguards people’s legitimate rights
Cartoon showsChinahas for the first time clarified compensations for mental injuries. The Tort Law, which was approved by the 12th Meeting of the 11th NPC Standing Committee, took effect on July 1, 2010.CFP
The Tort Law fills the “right gaps” of Chinese people by tackling issues ranging from product defects, traffic accidents, medical damages, environmental pollution, to cyberspace tort disputes and animal attacks. It also clarifies defective products recall system, formulates compensations for mental injuries as well enhances the protection of juniors. For the first time, it stipulates the compensation standards following a principle of “Where the same tort causes the deaths of several persons, a uniform amount of death compensation may be determined.” The stipulations on the responsibilities of medical damages were seen as a big stride in the protection of privacy. Law makers spent seven years and four rounds of deliberations in drafting the law. To sum up, the law bears great importance in safeguarding the legitimate interests of citizens and legal persons, preventing and punishing tort activities and diminishing the number of social and civil conflicts.
Law on Promotion of Employment Order: To create more opportunities for employees
Job seekers swarm into a job fair held inSuzhou,JiangsuProvince on October 13, 2012.Wang Jiankang
For the vast number of ordinary employees, employment is the pillar of life that guarantees their welfare and happiness. To promote employment order means to create more job opportunities for laborers so that they can enjoy the fruits of social development as well as to boost social harmony and stability. The law makes concrete stipulations on employment policies, fairness, service and management, training, assistance, supervision and legitimate responsibilities. As a result, it offers legal weapons to boost people’s employment.
Circular Economy Promotion Law embodies harmonious development concepts
A worker passes a sewage water disposal system installed at a coal tar company inFugu County,ShaanxiProvince on May 16, 2012. The county pushes forward upgrading its traditional enterprises into a model of circular economy.Liu Xiao
The enactment of the Circular Economy Promotion Law aims to push forward a circular economy in order to rack in more economic, social and environmental benefits with less development cost. The law sets up six basic measures to ensure the development of circular economy: national circular economy development plan, control index of the discharge of main pollutants, assessment index system for circular economy, responsibilities of producers, administration and supervision system concerning major energy and water consumption enterprises and stimulus system. To implement these measures conscientiously is of great importance to building a “beautifulChina,” a target set by the just–concluded 18th CPC National Congress.
Food Safety Law reshapes food safety awareness
Tourists purchase sugarcoated haws atWangfujing StreetinBeijingon October 1, 2011. The seven-day National Day holiday is dubbed as the “Golden Week,” during which millions of Chinese would choose travelling and shopping.CFP
A Chinese saying goes, “Food is the first necessity of the people.” As a result, food safety is bound up with everybody’s welfare and has become an important part of international supply chains in an era of globalization. The frequent food safety incidents have accelerated the promulgation of food safety law, which attracts the attention of the people and offers a promising hope for the future. After paying dearly for life safety and social cost, the people hope that the law could bring them a systematic guarantee to food safety by getting rid of forged and fake food. After implementation, the law has greatly improved food safety inChina. Due to the limit of economic development and the productivity level, the overall situation of food safety inChinais not satisfactory. AsChina’s economic development enters drive, food safety incidents also enter period. The promulgation of the law was just a first step to deal with food safety issues and reshape people’s awareness.
State Compensation Law: A heartwarming revision
Local policemen from Zaozhuang Public Security Bureau inShandongProvinceexplain the newly-adopted State Compensation Law on November 30, 2010. The law took effect on December 1, 2010.Ji Zhe
In modern society, a special relief system usually bases on and serves for an entity right. We now live in an era that people’s legitimate rights are highly valued. As a result, the promulgation of State Compensation Law, which stresses right relief, has become a landmark achievement inChina’s legislation. Judged from the revision, the law explicitly stipulates the scope, procedure and standard of State compensation. It also adopts the compensation of mental injury, an issue of common concern. Moreover, the revised law makes further regulations on the payment mechanism of compensation, clarifying duration and channels. These regulations not only ensure citizens to safeguard their legitimate rights by using legal weapons but also streamline the public power used by national organs. It is safe to say the revised State Compensation Law brings warmth to ordinary people by seeking State compensation if necessary.
Amendment to the Criminal Law answers the call of the people
Traffic police inJinan,ShandongProvince conduct a large scale inspection on traffic violations on May 4, 2012. The revised Criminal Law introduces penalties to drunk-driving one year ago.CFP
A structural paradox has existed inChina’s Criminal Law for quite a long time: There are too many death penalty offences but many criminal offences are not heavy enough to punish criminals. A latest amendment to the country’s 1997 version of Criminal Law annuls 13 economical crimes-related death penalty offences, accounting 19.1 percent of the total. It is the first time that the top legislator slashed the death penalty offences since the laws was adopted in 1979. Such a revision conforms to the international trend to limit the use of death penalties. It also echoes to the spirit of judicial reform urged by the CPC Central Committee.
Besides, the amendment tackles many hot issues concerned by many, introducing penalties on reckless driving, payment in arrears and illegal human organs trade. It also adds provisions on community corrections and lowers the punishment threshold toward the produce and sale of fake medicines and environmental pollutions as well as gang crimes.
Social Insurance Law weaves a safety web for ordinary people
Citizens ofHaikou,HainanProvincehandle endowment insurance at Haikou Social Security Bureau on December 6, 2012.CFP
A basic law in the field of social security, the Social Insurance Law aims to weave a protection web for ordinary people. There are three highlights of the law: Firstly, a nationwide social security system that covers both rural and urban areas has taken shape. Secondly, a balanced urban-rural development of basic pension insurance and basic medical insurance has been realized by and large. Thirdly, the law protrudes the protection of legitimate rights of insurers through the designing and implementation of insurance system, which stresses the insurers’ rights and services provided by the government.
Administrative Compulsory Law aims to better regulate administrative activities
Women city inspectors inChenzhou,HunanProvince persuade citizens to correct illegal bicycle parking at theWuling Square.He Maofeng
Since it was first drafted in 1999, 12 years had passed until the Administrative Compulsory Law was adopted in 2011 after five rounds of deliberations by the NPC.
It seems like a dilemma to safeguard the administrative functions of the governments while to prevent the abuse of powers by the administrative compulsory as well. Lawmakers have demonstrated excellent legislative intelligence to realize the balance of the two, especially the introduction of principles, procedures and responsibilities in regulating administrative compulsories. The law has set up systematic limits and standards in regulating administrative compulsories while seeking the protection of legitimate interests of citizens and legal persons. The implementation of the law is of great importance to pushing forward administration by law. (NPC)