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Full Text: Work report of NPC Standing Committee
Posted: March-16-2009Adjust font size:

Major Tasks for This Year

The year 2009 marks the 60th anniversary of the founding of New China and it will be a crucial year in terms of responding to the major challenges presented by changes in the international and domestic environments and developing all our country's undertakings. The general requirements for the work of the Standing Committee are as follows: We must faithfully follow the guiding principles of the Seventeenth Congress, the Third Plenary Session of the Seventeenth Central Committee and the Central Economic Work Conference. We must take Deng Xiaoping Theory and the important thought of Three Represents as our guide and thoroughly apply the Scientific Outlook on Development. We must organically integrate the leadership of the Party, the position of the people as masters of the country and the rule of law, focus on the overall work of the Party and the government in carrying out our functions and powers, work to develop the legal system of socialism with Chinese characteristics, strive to promote steady and rapid economic development and social harmony and stability, intensify efforts to ensure effective enforcement of the Constitution and laws, and work to bring the work of the NPC up to a new level.

1. Taking decisive steps toward establishing a legal system of socialism with Chinese characteristics

The CPC Central Committee clearly set the goal of establishing a legal system of socialism with Chinese characteristics by 2010. This year will be crucial for efforts to attain this goal. We must both formulate new legislation and revise and eliminate unsuitable portions of existing laws while working to improve the quality of legislation in accordance with the guiding principles of the Seventeenth Congress so we can take decisive steps toward establishing a legal system of socialism with Chinese characteristics.

First, we must promptly formulate new laws and make revisions in existing laws that will form the framework for the legal system, focusing on improving legislation concerned with social issues while continuing to improve legislation concerned with economic, political and cultural issues. Legislative work on the agenda for this year includes the following. We will formulate a social security law, social welfare law, law on tort liability, law on administrative coercion, law on arbitration of disputes concerning contracted rural land, law on mental health and law on national defense mobilization. We will also revise the Law on State Compensation, the Law on Protecting State Secrets, the Electoral Law, the Organic Law of Villager Committees, the Land Administration Law, the Postal Law and the Statistics Law. We will work to improve organization and coordination in legislative work, make legislation more scientific and democratic, expand orderly participation of the general public in the legislative process, improve research and scientific verification to formulate legislation and work to obtain a broad consensus of opinion to improve the quality of legislation. We will continue to urge relevant authorities to promptly formulate supporting regulations to ensure effective enforcement of laws.

Second, we need to finish the work of revising unsuitable provisions to improve existing legislation. There are 231 laws currently in effect in China, and a number of these have areas that still have room for improvement. There are three main categories of laws requiring improvement. 1) There are some laws which were formulated in the 1980s or early 1990s and contain provisions that no longer meet the requirements for developing the socialist market economy. 2) There are inconsistencies and gaps in laws formulated at different times. 3) Some laws are difficult to apply and the state is unable to enforce compliance with them. In light of this situation, the Standing Committee last year made arrangements for the work of revising unsuitable portions of the existing laws. We need to finish this work before the end of this year. We will carefully study and make a comprehensive analysis of suggestions made by relevant parties and proceed in order of importance and urgency. We will handle this task in accordance with the different types of treatment required, i.e. revision, rescinding, legal interpretation or formulation of new provisions, to develop a scientific, consistent and harmonious legal system.

Thanks to the concerted efforts of all sectors of society since the introduction of the reform and opening up policy in 1978,a legal system of socialism with Chinese characteristics had been basically established by the end of the term of the Tenth NPC. With the Constitution as its core and seven types of laws as its backbone, this legal system consists of three levels of laws and regulations, i.e. laws, administrative regulations, and local ordinances. There are now laws that cover basically every area of the country's economic, political, cultural and social activities, and these laws effectively ensure and promote development of the cause of socialism with Chinese characteristics. At the same time, we are clearly aware that the rapid economic and social development, constant progress in socialist democratic politics, the rich and varied cultural activities in society, efforts to create a harmonious society, structural and institutional reform and innovation, and the deepening of economic globalization all present new issues and new requirements for our legislative work. Our legislative tasks are still arduous.

It must be emphasized here that ours is a legal system of socialism with Chinese characteristics, so we must bear in mind the following four points in the process of establishing and improving it.

First, the Western model of a legal system cannot be copied mechanically in establishing our own. Some of the laws in the legal systems of other countries are incompatible with the situation and conditions in China so we will not formulate such laws. Some laws that are not part of the legal systems of other countries but are nevertheless a practical necessity for China need to be promptly enacted.

Second, administrative regulations and local ordinances are both important components of our legal system. When conditions are not ripe to formulate laws, administrative regulations or local ordinances can be legally formulated instead. When sufficient experience has been obtained and conditions become ripe corresponding laws can be formulated. Local ordinances, autonomy statutes or specific regulations can also be legally formulated to cover local issues and matters specific to ethnic minority areas.

Third, we need to distinguish between legal means and regulatory tools and resort to legislation only when it is truly necessary in order to make better use of the functions and roles of the legal system.

Fourth, our legal system is dynamic, open and in the process of development. We need to constantly improve it in light of developments and changes in the objective situation so that it can keep pace with the times.

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Source: www.npc.gov.cnEditor: Lydia
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