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2015年全国人民代表大会常务委员会工作报告(一)(中英双语)
2015年全国人民代表大会常务委员会工作报告(一)(中英双语)
作者:admin  发表时间:2015-3-20
 

全国人民代表大会常务委员会工作报告

Report on the Work of the Standing Committee of the National People’s Congress

 

——201538日在第十二届全国人民代表大会第三次会议上

– Delivered at the Third Session of the 12th National People’s Congress on March 8, 2015

 

全国人民代表大会常务委员会委员长 张德江

Zhang Dejiang, Chairman of the Standing Committee of the National People’s Congress

 

各位代表:

 

Fellow Deputies,

 

现在,我受全国人大常委会委托,向大会报告工作,请予审议。

 

On behalf of the Standing Committee of the National People’s Congress (NPC), I now present to you this report on the work of the Standing Committee for your deliberation.

 

过去一年的主要工作

Major Work of the Past Year

 

过去一年,在以习近平同志为总书记的党中央坚强领导下,全国人大常委会全面贯彻党的十八大和十八届三中、四中全会精神,以邓小平理论、“三个代表”重要思想、科学发展观为指导,深入学习贯彻习近平总书记系列重要讲话精神,紧紧围绕党和国家工作大局依法行使职权,充分发挥最高国家权力机关作用,认真完成十二届全国人大二次会议确定的各项任务,各方面工作都取得新进展、新成效。

 

In 2014, under the firm leadership of the Central Committee of the Communist Party of China (CPC) with Comrade Xi Jinping as General Secretary, the Standing Committee has been comprehensively implementing the guidelines of the 18th National Party Congress and the third and fourth plenary sessions of the 18th CPC Central Committee; following the guidance of Deng Xiaoping Theory, the important thought of Three Represents, and the Scientific Outlook on Development; and fully putting into practice the guiding principles from General Secretary Xi Jinping’s major speeches. We have been focusing on the overall work of the Party and country as we have performed our functions and powers in accordance with the law, fully playing our role as the country’s highest organ of state power and conscientiously working to ensure the accomplishment of all our tasks as set forth by the Second Session of the 12th NPC. As a result, we have made new progress and achievements in all our work.

 

一、坚持党的领导,坚定人民代表大会制度自信

I. We have been upholding the leadership of the CPC and have enhanced our confidence in the system of people’s congresses.

 

中国共产党的领导是中国特色社会主义最本质的特征。坚持和完善人民代表大会制度,必须毫不动摇坚持中国共产党领导,坚定制度自信,在坚持中完善,在实践中发展,推动人民代表大会制度与时俱进。

 

The leadership of the Party is the most essential feature of socialism with Chinese characteristics. In adhering to and improving the system of people’s congresses, we must unwaveringly uphold the Party’s leadership and strengthen our confidence in the system. We must improve the system on the basis of upholding the Party’s leadership and develop it through practice to ensure it advances with the times.

 

(一)始终把坚持党的领导贯彻于人大工作各方面、全过程。坚持党的领导,首先是要坚持党中央的集中统一领导。我们在人大工作中坚决贯彻党的路线方针政策和决策部署,自觉在思想上政治上行动上同以习近平同志为总书记的党中央保持高度一致,坚决维护党中央权威。一年来,我们坚持以党的基本理论武装头脑、指导实践、推动工作,深入学习贯彻习近平总书记系列重要讲话精神,切实加强常委会思想政治建设,始终把思想和行动统一到中央精神上来,牢牢把握正确政治方向。我们紧紧围绕党中央的战略部署,统筹安排人大立法、监督、决定、代表等各项工作和重要活动,确保中央重大决策部署和重要举措的贯彻落实。我们健全请示报告制度,对人大工作中的重大问题、重要事项,由常委会党组及时向党中央请示报告,依法按程序做好相关工作。坚持党对人大工作的领导,就是要保证党通过国家政权机关实施对国家和社会的领导。

 

1. We have been upholding the Party’s leadership throughout every process and aspect of the work of the NPC.

 

In upholding the Party’s leadership, we must first and foremost uphold the centralized leadership of the CPC Central Committee. In carrying out the work of the NPC, we must resolutely implement the Party’s line, principles, policies, decisions, and plans; work actively to make sure our thinking, our actions, and our politics all maintain a high degree of unity with the Central Committee with Comrade Xi Jinping as General Secretary; and conscientiously safeguard the authority of the Central Committee.

 

Over the past year, we have armed ourselves with the Party’s basic theories and used them as a guide in our practice and our work, deepened our study and implementation of the guiding principles from General Secretary Xi Jinping’s major speeches, and strengthened the Standing Committee both theoretically and politically. These efforts have enabled us to align our thinking and action with the guidelines of the Central Committee, keeping us firmly heading in the right political direction.

 

Strictly adhering to the strategic arrangements set forth by the Central Committee, we made coordinated plans that cover all aspects and major activities in the work of the NPC, including legislation, oversight, decision making, and the work regarding deputies, and ensured that all major policies, plans, and measures of the Central Committee were implemented. We improved the system of requesting instructions and submitting reports. For major issues and tasks in the NPC’s work, the Leading Party Members’ Group of the Standing Committee promptly requested instructions from and submitted reports to the CPC Central Committee, and we carried out relevant work in accordance with the law and procedures. Upholding the Party’s leadership over people’s congresses is for ensuring that the Party can exercise leadership over the state and society through organs of political power.

 

(二)庆祝全国人民代表大会成立60周年,增强坚持和完善人民代表大会制度的责任感和使命感。201495日,中共中央、全国人大常委会隆重举行庆祝全国人民代表大会成立60周年大会,习近平总书记发表重要讲话。讲话全面回顾中国近代以来政治制度的历史变革,深刻揭示了中国实行人民代表大会制度的历史必然性;指出人民代表大会制度是坚持党的领导、人民当家作主、依法治国有机统一的根本制度安排,是支撑中国国家治理体系和治理能力的根本政治制度;明确提出必须毫不动摇坚持、与时俱进完善人民代表大会制度,坚定不移走中国特色社会主义政治发展道路,继续推进社会主义民主政治建设、发展社会主义政治文明。

 

2. We celebrated the 60th anniversary of the establishment of the NPC, and strengthened our sense of responsibility and mission in adhering to and improving the system of people’s congresses.

 

On September 5, 2014, the CPC Central Committee and the Standing Committee of the NPC held a commemorative meeting for the 60th anniversary of the establishment of the NPC. General Secretary Xi Jinping delivered a keynote speech at the meeting, in which he reviewed the historic changes in China’s political system since modern times and expounded on the historical necessity for the establishment of the system of people’s congresses in China. He pointed out that this system provides a fundamental institutional arrangement for integrating leadership by the Party, the position of the people as masters of the country, and the law-based governance of the country, and is the fundamental political system underpinning China’s governance system and capacity for governance. He also made it categorically clear that we must firmly adhere to this system and improve it in step with the times, keep to the socialist path of political development with Chinese characteristics, and continue to expand socialist democracy and promote socialist political progress.

 

我们召开庆祝全国人民代表大会成立60周年理论研讨会,以习近平总书记重要讲话精神为指导,系统总结我国实行人民代表大会制度60年来的重要经验,就是坚持党的领导,切实保证党领导人民有效治理国家;坚持人民主体地位,支持和保证人民通过人民代表大会行使国家权力;坚持实现民族振兴的历史使命,集中力量进行社会主义现代化建设;坚持依法治国,建设社会主义法治国家;坚持从国情和实际出发,推动人民代表大会制度完善发展;坚持民主集中制,充分发挥人民代表大会制度的特点和优势。这些重要经验,必须长期坚持,不断完善。

 

Guided by the important principles from General Secretary Xi Jinping’s above speech, we held a seminar on theory in celebration of the 60th anniversary of the establishment of the NPC, at which we systematically reviewed China’s 60 years of experience implementing the system of people’s congresses. This invaluable experience has shown us that we must uphold the leadership of the CPC and ensure it leads the people in governing the country effectively; we must uphold the people’s principal position in the country and support and ensure their exercise of state power through the people’s congresses; we must remain dedicated to the historical mission of rejuvenating the country and focus our energy on carrying out socialist modernization; we must exercise governance of the country on the basis of law and build China into a socialist rule of law country; we must improve and develop the system of people’s congresses in light of China’s specific conditions; and we must adhere to democratic centralism and give full play to the features and strengths of the system of people’s congresses. We must always keep these lessons firmly in mind and constantly build on them.

 

全国人大和地方各级人大通过开展多种形式的庆祝和纪念活动,深入学习、广泛宣传、全面贯彻习近平总书记重要讲话精神,大家倍受鼓舞、激励和鞭策,进一步增强了坚定不移走中国特色社会主义政治发展道路的自觉性和坚定性。

 

The NPC and local people’s congresses at all levels organized various kinds of celebrations and commemorative activities to study, publicize, and implement the guiding principles from General Secretary Xi Jinping’s speech. Encouraged and spurred on by these guiding principles, our deputies have increased their sense of motivation and resolve for keeping to the socialist path of political development with Chinese characteristics.

 

(三)开展第一个国家宪法日活动,大力弘扬宪法精神。宪法是国家的根本法,是治国安邦的总章程。习近平总书记在第一个国家宪法日来临之际作出重要指示,强调我国宪法是符合国情、符合实际、符合时代发展要求的好宪法,是我们国家和人民经受住各种困难和风险考验、始终沿着中国特色社会主义道路前进的根本法制保证;要坚持党的领导、人民当家作主、依法治国有机统一,坚定不移走中国特色社会主义法治道路,坚决维护宪法法律权威。

 

3. We held activities to celebrate China’s first National Constitution Day and channeled great energy into promoting the spirit of the Constitution.

 

The Constitution is China’s fundamental law, and provides a general charter for governing the country.

 

On the eve of China’s first National Constitution Day, General Secretary Xi Jinping gave important instructions, within which he emphasized that China’s constitution is a good constitution, which is appropriate to the Chinese context, based in reality, and in line with the development of the times, and that the Constitution provides the fundamental legal guarantee for ensuring that China and its people can withstand the test of any kind of difficulty and risk as they continue, with resolve, along the path of socialism with Chinese characteristics. He also stressed that we must remain committed to integrating leadership by the Party, the position of the people as masters of the country, and the law-based governance of the country; keep resolutely to the path of socialist rule of law with Chinese characteristics; and remain dedicated to upholding the authority of the Constitution and all other laws.

 

我们召开“深入开展宪法宣传教育大力弘扬宪法精神”座谈会,认真学习贯彻习近平总书记重要指示精神,强调要紧密结合中国近现代历史特别是中国共产党领导人民长期奋斗的光辉历程,紧密结合我国改革开放和社会主义现代化建设取得的辉煌成就,紧密结合我国全面推进依法治国的实践成果,紧密结合实现中华民族伟大复兴的中国梦,深入开展宪法宣传教育,使宪法精神深入人心,以宪法精神凝心聚力,推动宪法全面贯彻实施。

 

In order to thoroughly study and implement the guiding principles from General Secretary Xi Jinping’s important instructions, we held a forum on intensifying publicity and education on the Constitution and energetically promoting the spirit of the Constitution. At the forum, we emphasized that intensive efforts must be made to strengthen publicity and education on the Constitution so as to instill the spirit of the Constitution into the hearts of the people, rally the people’s will and energy, and ensure full enforcement of the Constitution, and that these efforts must be made in light of the modern and contemporary history of China and especially the grand history of the CPC leading the Chinese people in the long period of arduous struggle, in light of the great achievements made in China’s reform and opening up and socialist modernization, in light of the experience gained in fully advancing the law-based governance of China, and in combination with our efforts to realize the Chinese Dream of the great rejuvenation of the Chinese nation.

 

二、抓住提高立法质量这个关键,充分发挥立法的引领和推动作用

II. We focused on the key task of improving the quality of legislation and gave full play to the guiding and motivating role of legislation.

 

立法是全国人大及其常委会的重要职权和主要任务。常委会把提高立法质量放在首位,突出立法重点,加快立法步伐,完善立法机制,提升立法效果。一年来,共审议20件法律草案,修改法律10件,制定法律2件,作出8个法律解释。

 

Legislation is an important function and power and a major task of the NPC and its Standing Committee. The Standing Committee has given top priority to improving the quality of legislation, highlighted legislative priorities, accelerated the pace of legislative work, and improved the mechanisms for and effectiveness of legislation. Over the past year, we have deliberated on 20 drafts of laws, revised 10 laws, enacted 2 laws, and issued 8 legal interpretations.

 

(一)在一批重要立法项目上取得新进展。环境保护法是环境领域的基础性、综合性法律。常委会在深入调研、充分听取意见的基础上,经过4次审议,对环境保护法作出全面修订。这是该法律正式施行25年来的首次修订。这次修订,针对环境保护领域的共性问题和突出问题,进一步明确政府监管职责,完善生态保护红线、污染物总量控制、跨行政区域联合防治等制度,强化企业防治污染责任,建立环境信息公开、公众参与和公益诉讼制度,加大对环境违法行为追责和处罚的力度。法律还明确规定,县级以上人民政府应当每年向本级人大或者其常委会报告环境状况和环境保护目标完成情况。

 

1. We have made new progress on a number of major legislative items.

 

The Environmental Protection Law is a fundamental and comprehensive law regarding the environment. On the basis of conducting in-depth research and broadly soliciting opinions, the Standing Committee approved comprehensive revisions to this law after deliberating, four times, on draft revisions. This was the first time this law has been revised since it was officially put into effect 25 years ago. In response to both general and prominent problems regarding environmental protection, revisions to this law have further clarified the government’s supervisory functions and responsibilities; improved the systems for establishing ecological red lines, controlling the total amount of pollutants discharged, and making joint efforts across administrative areas to prevent and control pollution; strengthened the responsibility of enterprises for preventing and controlling pollution; established systems for releasing environmental information, facilitating public participation in pollution control, and filing public interest litigation; and strengthened accountability and administered harsher punishment for violations of the environmental law. The revised Environmental Protection Law also stipulates that people’s governments at and above the county level shall report to people’s congresses or their standing committees at their respective levels on environmental conditions and the fulfillment of environmental protection targets every year.

 

行政诉讼是“民告官”的诉讼,涉及政府权力的行使和公民权利的保护。常委会适应新形势新要求,对行政诉讼法作出重要修改,这是该法律公布施行24年来的首次修改。这次修改,注重保护公民、法人和其他组织合法权益,促进依法行政和公正司法,重点解决行政诉讼立案难、审理难、执行难等突出问题,从扩大受案范围、畅通诉讼渠道、调整案件管辖、规范诉讼程序等方面完善行政诉讼制度,以利于更好地解决行政争议和纠纷。

 

Administrative litigation, a system by which people bring the government to court, involves the exercise of government power and the protection of citizens’ rights. In response to the new requirements of the new conditions, the Standing Committee made important revisions to the Administrative Procedures Law, which was the first time this law has been revised since it was enacted and put into effect 24 years ago. In revising the Law, we paid great attention to the protection of the legitimate rights and interests of citizens, legal persons, and other organizations, and helped to promote the law-based exercise of administrative power and impartial administration of justice. With a focus on resolving major difficulties in the filing and trial of administrative litigation and in the enforcement of court rulings, we improved the administrative litigation system by expanding the scope of administrative litigation cases that can be filed, opening up the channels for filing such litigation, making adjustments to jurisdiction over such cases, and standardizing administrative litigation procedures, all of which helped to better solve administrative disputes.

 

立法法是关于国家立法制度和立法工作的一部重要法律。为适应完善立法体制、深入推进科学立法民主立法的要求,常委会及时启动立法法修改工作,从充分发挥人大在立法工作中的主导作用、完善授权立法、赋予设区的市地方立法权等方面作了修改完善。常委会对立法法修正案草案进行两次审议后,已提请本次代表大会会议审议。

 

The Legislation Law is an important law that concerns China’s legislative system and legislative work. To satisfy the requirements for improving the legislative system and ensuring effective and democratic legislation, the Standing Committee promptly started work on revising the Legislation Law. We revised and improved the law with regard to a number of areas, such as giving full play to the leading role of people’s congresses in making laws, improving delegated legislation, and endowing all cities divided into districts with legislative powers. After holding two deliberations, the Standing Committee has submitted the draft revisions of the Legislation Law to this session of the NPC for consideration.

 

常委会还制定了航道法,修改了军事设施保护法,审议了食品安全法、广告法、大气污染防治法修订草案和刑法修正案(九)草案、促进科技成果转化法修正案草案等。

 

In addition, the Standing Committee formulated the Waterway Law, revised the Military Facilities Protection Law, and deliberated on the draft revisions of the Food Safety Law, the Advertising Law, and the Air Pollution Prevention and Control Law, the draft Amendment IX to the Criminal Law, and draft revisions to the Law on Promoting the Application of Scientific and Technological Advances.

 

(二)通过立法推动和落实重大改革举措。修改预算法,对于深化财税体制改革,实施全面规范、公开透明的预算制度,具有重要意义。常委会前后经过4次审议,对预算法作出重要修改。重点从实行政府全口径预算管理、完善财政转移支付制度、健全地方政府债务管理机制、推进预算公开和绩效管理、加强人大预算决算审查监督等方面,对预算法进行了全面完善。国务院按照新修改的预算法,作出关于深化预算管理制度改革的决定,出台加强地方政府性债务管理等举措,强调坚持依法理财、主动接受监督。

 

2. We helped promote and implement major reform measures through legislation.

 

We revised the Budget Law, which is of great importance to deepening fiscal and tax reforms and putting in place an all-around, standardized, open, and transparent budgeting system. After four deliberations, the Standing Committee made significant revisions to the Budget Law. We made comprehensive improvements to the Law, making sure all government revenue and expenditure are incorporated into budgets, improving the system of transfer payments and the mechanism for local government debt management, making budgetary work more transparent, advancing performance-based budget management, and strengthening review and oversight by people’s congresses over government budgets and final accounts.

 

Acting in line with the newly revised Budget Law, the State Council made a decision on deepening reform of the budget management system, introduced measures to tighten management over local government debt, and stressed the need to manage public finances in accordance with the law and readily accept oversight.

 

适应推动政府简政放权的需要,常委会对保险法、证券法、注册会计师法、政府采购法、气象法等5部法律的部分规定作出修改,取消和下放法律规定的有关行政审批事项,为推进行政审批制度改革提供法律依据和支持。

 

In order to aid the government in streamlining administration and delegating more powers to lower-level governments, the Standing Committee made revisions to relevant provisions of the Insurance Law, the Securities Law, the Law on Certified Public Accountants, the Government Procurement Law, and the Meteorology Law with a view to delegating the power or canceling the requirement for government review for certain items, thus providing a legal basis and support for reforming the system of government review.

 

为贯彻落实总体国家安全观,加快国家安全法治建设,常委会及时调整立法工作计划,加大工作力度。一是将原来的国家安全法改为反间谍法,加强反间谍工作;二是审议新的国家安全法草案,以此统领国家安全领域法律制度;三是审议反恐怖主义法、境外非政府组织管理法等法律草案,推进重点领域国家安全工作法治化。

 

In order to put into effect the integrative approach to national security and accelerate the development of rule of law in our national security efforts, the Standing Committee promptly adjusted its legislative work agenda to strengthen the following efforts. First, we changed the original National Security Law into the Counter-espionage Law to strengthen anti-espionage work. Second, we deliberated on the draft of a new national security law to guide other laws on national security. Third, we deliberated on the drafts of an anti-terrorism law and a law on the management of international NGOs in China to increase the level of rule of law in key areas of our national security efforts.

 

(三)深入推进科学立法、民主立法。一是注重发挥人大在立法工作中的主导作用。环境保护法、立法法、行政诉讼法等重要法律的修改,都是由全国人大有关委员会牵头起草的;对“一府两院”负责起草的法律案,有关委员会提前介入,共同研究起草中的重大问题,推动如期提请审议。二是坚持立改废释并举。统筹考虑立新废旧、法律间协调完善和衔接等问题。加强法律解释工作,审议通过关于刑法、刑事诉讼法有关规定的7个法律解释,就民法通则、婚姻法有关公民姓名权的规定作出解释。三是完善立法工作方式。完善法律草案出台前评估工作,加强立法项目论证,健全常委会立法工作机构联系人大代表机制,邀请代表参加立法调研、审议等工作。认真研究和吸收公众意见建议,并及时作出情况说明和反馈。

First, we made full use of the NPC’s dominant role in legislative work. Relevant special committees of the NPC led the work of revising major laws such as the Environmental Protection Law, the Legislation Law, and the Administrative Procedures Law. Relevant special committees were also involved in the drafting of laws by the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, and jointly carried out research on major issues in the drafting of laws in order to ensure that these drafts are submitted on schedule for consideration.

 

Second, we continued to attach equal importance to the enactment, revision, abolishment, and interpretation of laws. We made overall plans on enacting new laws and rescinding old ones and on improving coordination and consistency between laws. We strengthened interpretation on laws: we deliberated on and passed seven legal interpretations on relevant provisions of the Criminal Law and the Criminal Procedure Law, and formulated an interpretation on citizen name rights as prescribed in the General Principles of Civil Law and the Marriage Law.

 

Third, we improved the way we carry out legislative work. We refined our efforts to assess draft laws before their promulgation, strengthened debate over legislative items, improved the mechanism whereby legislative bodies of the Standing Committee maintain contact with NPC deputies, and invited NPC deputies to participate in activities such as research and deliberation on legislative items. We studied and drew on public comments and suggestions, and gave prompt explanations and feedback.

 

 

三、依法对有关法律问题作出决定,维护宪法法律权威

III. We made decisions on legal issues in accordance with the law and upheld the authority of the Constitution and all other laws.

 

常委会依照宪法和有关法律规定,及时对若干重要问题作出决定,有力促进和保障宪法法律的正确实施和相关工作的顺利开展。

 

Acting in line with the Constitution and other related laws, the Standing Committee promptly made decisions on a number of significant issues, thus ensuring that the Constitution and all other laws were properly enforced and smooth progress was achieved in related work.

 

(一)对香港特别行政区行政长官普选问题作出决定。实行行政长官普选,是香港特别行政区政制发展的重大问题。全国人大常委会对正确实施香港基本法和依法推进香港政制发展负有宪制责任,有必要就行政长官普选制度的若干核心要素和相关问题作出决定。常委会依据香港基本法和全国人大常委会有关决定和解释,通过了关于香港特别行政区行政长官普选问题和2016年立法会产生办法的决定,为下一步香港特别行政区提出行政长官普选具体办法确定了原则、指明了方向。这对于全面贯彻落实“一国两制”、“港人治港”、高度自治方针和香港基本法,推动香港循序渐进发展民主、依法顺利实现2017年行政长官由普选产生的目标,具有重要意义。

 

1. We made a decision on issues related to the selection of the chief executive of the Hong Kong Special Administrative Region (HKSAR) by universal suffrage.

 

Selecting the chief executive by universal suffrage is a significant issue in the development of the political system of the HKSAR. The NPC Standing Committee has a constitutional responsibility to ensure the proper enforcement of the Basic Law of the HKSAR and to advance the development of Hong Kong’s political system in accordance with the law, and thus saw it as necessary to decide a number of key elements and relevant issues relating to the system for selecting the chief executive by universal suffrage. Pursuant to the Basic Law of the HKSAR and the Standing Committee’s earlier interpretation of that law and decision on the selection of the chief executive, the Standing Committee adopted the decision on issues relating to the selection of the chief executive of the HKSAR by universal suffrage and on the method for forming its Legislative Council in 2016. This decision provides the principles and direction for the HKSAR to follow in developing concrete methods for selecting its chief executive by universal suffrage. The decision is thus of great significance to fully implementing the principles of “one country, two systems,” the people of Hong Kong governing Hong Kong, and the region enjoying a high degree of autonomy; to fully enforcing the Basic Law of the HKSAR; and to ensuring that Hong Kong develops democracy in a gradual and systematic way and successfully selects its chief executive by universal suffrage in accordance with the law in 2017.

 

(二)对开展刑事案件速裁程序试点、设立知识产权法院问题分别作出决定。根据深化司法体制改革的工作部署,常委会作出关于授权最高人民法院、最高人民检察院在部分地区开展刑事案件速裁程序试点工作的决定,关于在北京、上海、广州设立知识产权法院的决定,为探索完善刑事诉讼程序、健全知识产权司法保护体系提供法律依据和支持。同时,要求有关方面依法认真做好相关工作,总结实践经验,并将实施情况向全国人大常委会报告。

 

2. We made decisions on carrying out trials of accelerated procedures for certain criminal cases and establishing intellectual property rights courts.

 

In line with the CPC Central Committee’s plans for deepening judicial structural reform, the NPC Standing Committee made the decision on authorizing the Supreme People’s Court and the Supreme People’s Procuratorate to carry out trials of accelerated procedures for certain criminal cases in some localities and the decision on establishing intellectual property rights courts in Beijing, Shanghai, and Guangzhou, thus providing a legal basis and support for the efforts to improve criminal litigation procedures and the system of judicial protection for intellectual property rights. We urged relevant departments to conscientiously and properly carry out their part of this work in accordance with the law, sum up their experience in the work, and report their progress to the Standing Committee.

 

(三)对授权国务院在自由贸易试验区、33个试点县(市、区)暂时调整实施有关法律规定问题分别作出决定。贯彻中央改革决策,在认真审议国务院相关议案的基础上,常委会通过关于授权国务院在广东、天津、福建3个新设自由贸易试验区以及上海自由贸易试验区扩展区域暂时调整有关法律规定的行政审批的决定,关于授权国务院在北京市大兴区等33个试点县(市、区)行政区域暂时调整实施有关法律规定的决定。这两个决定都是为推进相关领域改革提供法律依据和支持,体现了在法治下推进改革、在改革中完善法治的精神。

 

3. We made decisions on authorizing the State Council to make provisional adjustments to the enforcement of certain laws in pilot free trade zones and in 33 pilot counties, county-level cities, and districts.

 

Acting in line with the Central Committee’s reform decisions, and on the basis of careful deliberation of motions put forward by the State Council, the NPC Standing Committee adopted the decision on authorizing the State Council to make provisional adjustments to items requiring government review as prescribed by certain laws for the three new pilot free trade zones in Guangdong, Tianjin, and Fujian, as well as for the extended areas of the China (Shanghai) Pilot Free Trade Zone, and the decision on authorizing the State Council to make provisional adjustments to the enforcement of certain laws in 33 pilot counties, county-level cities, and districts including Daxing District of Beijing. These two decisions provide a legal basis and support for advancing relevant reforms, embodying the principle of pushing forward with reform on the basis of rule of law and increasing the level of rule of law through the process of reform.

 

(四)对设立国家宪法日、烈士纪念日分别作出决定。贯彻党的十八届四中全会精神,常委会通过关于设立国家宪法日的决定,以立法形式将124日设立为国家宪法日,规定国家通过多种形式开展宪法宣传教育活动。设立国家宪法日,有利于增强全社会的宪法意识,弘扬宪法精神,加强宪法实施。近年来,全国人大代表、全国政协委员和社会各界通过多种方式提出设立烈士纪念日的意见建议,呼吁加强烈士纪念工作。为此,常委会通过关于设立烈士纪念日的决定,将930日设立为烈士纪念日。这是继中国人民抗日战争胜利纪念日、南京大屠杀死难者国家公祭日之后,依法确立的第三个纪念日。国家隆重举行纪念和公祭活动,极大地弘扬了爱国主义精神和社会主义核心价值观。

 

4. We made decisions on instituting the National Constitution Day and Martyrs’ Day.

 

In the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, the NPC Standing Committee adopted the decision on instituting the National Constitution Day, establishing in law December 4th as China’s National Constitution Day and further stipulating that the state should carry out various forms of publicity and educational activities pertaining to the Constitution. The establishment of the National Constitution Day is conducive to improving public awareness of the Constitution, fostering the spirit of the Constitution, and strengthening the enforcement of the Constitution.

 

In recent years, deputies to the NPC, members of the National Committee of the Chinese People’s Political Consultative Conference (CPPCC), and people from all sectors of society have, in various ways, made proposals and suggestions on establishing a national day to commemorate revolutionary martyrs and called for improvement in work related to the commemoration of martyrs. Therefore, the Standing Committee adopted the decision on making September 30th Martyrs’ Day. This is the third memorial day established by the Standing Committee in accordance with the law, following the Victory Day in the Chinese People’s War of Resistance against Japanese Aggression and the National Memorial Day for the Nanjing Massacre Victims. The solemn commemoration of such events through memorial activities has greatly promoted patriotism and core socialist values.

 

常委会还依法决定批准我国与外国缔结的条约、协定以及加入的国际公约13件,决定和批准任免一批国家机关工作人员。

 

The Standing Committee ratified, in accordance with the law, 13 treaties and agreements with foreign countries or international conventions that China concluded, and decided or approved appointments or removals for a number of employees of state bodies.

 

四、坚持问题导向,增强监督工作针对性和实效性

IV. We made our oversight work more targeted and effective by adhering to a problem-oriented approach.

 

常委会围绕推动中央重大决策部署贯彻落实和保证法律正确有效实施,抓住事关改革发展稳定全局的重要问题、人大代表和人民群众普遍关注的热点难点问题,依法行使监督职权。一年来,共听取审议“一府两院”13个工作报告,检查4部法律实施情况,开展3次专题询问、4项专题调研。

 

In order to advance the implementation of major policies and plans of the CPC Central Committee and ensure proper and effective enforcement of the law, the Standing Committee practiced its oversight in accordance with the law, focusing on major issues concerning reform, development, and stability as well as difficult issues which had garnered broad attention from NPC deputies and the public. Over the past year, we listened to and deliberated on 13 work reports from the State Council, the Supreme People’s Court, and the Supreme People’s Procuratorate, investigated compliance with 4 laws, conducted 3 special inquiries, and carried out research on 4 special topics.

 

(一)促进经济平稳健康发展。常委会听取审议国务院关于国民经济和社会发展计划执行情况报告、关于加强金融监管防范金融风险工作情况报告,检查专利法、旅游法实施情况。针对内外环境不确定因素增多、经济发展进入新常态等情况,我们督促有关方面认真贯彻落实中央关于经济工作的决策部署,坚持稳中求进、改革创新,把转方式、调结构放在更加突出的位置,扩大内需特别是消费需求,积极培育新的经济增长点,着力提升经济增长质量、效益和内生动力。完善金融监管协调机制,有效防范和化解金融风险。加快实施创新驱动发展战略,加强专利应用和保护,依法查处专利侵权行为,推进企业技术创新和品牌建设,提高产业竞争力。

 

1. We helped promote stable and sound development of the economy.

 

The Standing Committee listened to and deliberated on the State Council’s report on the implementation of the 2013 plan for national economic and social development and the State Council’s report on strengthening financial monitoring and regulation to prevent financial risks, and investigated compliance with the Patent Law and the Tourism Law.

 

With the increase of domestic and international uncertainties and the coming of a new normal in China’s economic development, we urged relevant departments to faithfully implement the decisions and plans of the CPC Central Committee on economic work, stick to the principle of achieving a stable performance while at the same time securing progress and the idea of promoting reform and innovation, place even greater importance on growth model transformation and structural adjustments, boost domestic demand and especially consumer demand, actively foster new economic growth areas, and enhance the quality and returns of economic growth along with its internal driving force.

 

We improved the mechanism for coordinating financial monitoring and regulation efforts and effectively prevented and defused financial risks. We have pressed ahead with the strategy of innovation-driven development by strengthening the application and protection of patents, investigating patent infringements and holding those involved accountable in accordance with the law, and encouraging industries to enhance their competitiveness by seeking progress in technological innovation and brand building.

 

推动简政放权、取消和下放行政审批事项,代表关心,社会关注。常委会听取审议国务院关于深化行政审批制度改革、加快转变政府职能工作情况的报告,并开展专题询问。在充分肯定成绩的同时,针对有的地方和部门存在“明放暗不放”、“重形式轻实效”、监管和服务不到位等问题,强调要严格执行行政许可法,进一步提高简政放权“含金量”,取消非行政许可审批事项,全面提高政府公共服务水平。国务院继续加大简政放权力度,提出关于规范国务院部门行政审批行为、改进行政审批有关工作的新举措。

 

Efforts toward streamlining administration, delegating the power or canceling the requirement for government review for more items, and delegating more powers to lower-level governments have all drawn great attention from NPC deputies and the public. The Standing Committee listened to and deliberated on the State Council’s report on deepening reform of the government review system and accelerating the transformation of government functions, and conducted a special inquiry on the matter.

 

While fully acknowledging the achievements made thus far, the Standing Committee also pointed out that such problems as holding onto the power of review through hidden means, placing superficial work above real results, and ineffective oversight and poor service still exist in some local governments and government bodies. We emphasized that in order to solve these problems, the government must strictly enforce the Administrative Approval Law, make substantive progress in streamlining administration and delegating powers, cancel non-administrative review, and comprehensively enhance the quality of public services it provides.

 

The State Council acted accordingly to strengthen efforts in streamlining administration and delegating powers to lower levels, and put forth new measures aimed at standardizing practices of review of State Council bodies and improving work relating to government review.

 

(二)加强预算决算审查监督。常委会依法履行预算决算审查监督职责,听取审议决算、审计工作、预算执行情况等报告,审查批准2013年中央决算。要求完善政府全口径预算管理体系,健全政府性债务管理制度,加大专项转移支付清理整合力度,扎紧财政预算管理制度这道篱笆,并责成有关方面对审计查出的问题认真整改、严肃问责。国务院已于当年12月就审计查出问题的纠正情况和处理结果向全国人大常委会作出报告。从报告情况看,各被审计单位整改问题金额1062.5亿元,挽回和避免损失33.9亿元,根据审计建议制定完善规章制度3122项。

 

2. We strengthened review and oversight over budgets and final accounts.

 

In performing its duty of conducting review and oversight over government budgets and final accounts in accordance with the law, the Standing Committee listened to and deliberated over reports on final accounts, auditing work, and the implementation of budgets, and reviewed and approved the central government’s final accounts for 2013.

 

We required the State Council and relevant departments to tighten up budgetary management by improving the system of managing all government revenue and expenditure, refining the system of government debt management, and increasing the review and integration of special transfer payments. We also urged relevant authorities to rectify problems discovered in auditing and ensure accountability for them.

 

Last December, the State Council reported to the Standing Committee on the rectification and handling of problems discovered in auditing. According to the report, audited departments had rectified problems involving a total of 106.25 billion yuan, the amount of funds recovered or prevented from loss totaled 3.39 billion yuan, and 3,122 regulations were made or improved based on suggestions from the auditing bodies.

 

常委会关注国家财政水利资金投入与使用情况并开展监督,提出科学安排水利资金、加大财政投入、完善涉水管理体制和水生态补偿机制、加强资金项目管理和绩效管理等意见。这是常委会继2013年对国家财政科技资金分配使用情况开展监督之后,再次对特定领域财政资金投入使用情况开展监督,是加强和改进人大预算监督工作的积极尝试。

 

The Standing Committee attached great importance to and oversaw the allocation and use of government funds for water conservancy. We made suggestions on increasing and effectively allocating government funds on water conservancy, improving the system of integrated water-related management and the mechanism for sharing the cost of conservation and compensating for impact on water ecosystems, and strengthening management of government funded projects and performance-based management. After overseeing the allocation and use of government funds for science and technology in 2013, we again oversaw allocation and use of government funds in a particular area, in a positive effort to strengthen budget oversight by the NPC.

 

(三)推动保障和改善民生。社会保障体系建设事关亿万群众切身利益,每个人都十分关心未来的“养老钱”、“保命钱”。常委会听取审议国务院关于统筹推进城乡社会保障体系建设工作情况的报告,并开展专题询问。我们督促有关方面加强顶层设计,积极应对人口老龄化,健全财政投入制度,划转部分国有资本充实社会保障基金,推进基础养老金全国统筹,加强社会保险基金投资运营管理和监督,完善社会救助制度,加快建立更加公平可持续的社会保障制度。

 

3. We helped provide safeguards for and improve the standard of living.

 

The social security system affects the most immediate interests of our people; everyone is concerned about what kind of social security benefits they will be able to depend on in their old age.

 

The Standing Committee listened to and deliberated on the State Council’s report on coordinating efforts to develop urban and rural social security systems, and conducted an inquiry on the issue. We urged relevant government departments to strengthen top-level design, proactively respond to the issue of the aging of the population, improve the system of government spending, divert some state capital to strengthen social security funds, make unified national plans for basic pensions, strengthen supervision and oversight over the investment and operation of social security funds, improve the system for social assistance, and accelerate the formation of a more equitable and sustainable social security system.

 

新农村建设是我国现代化进程中的重大历史任务。习近平总书记多次讲到,“小康不小康,关键看老乡”。常委会持续关注“三农”工作,去年将推进新农村建设作为监督工作议题,听取审议有关报告。针对制约农业农村发展的深层次问题,强调要健全城乡一体化发展体制机制,提高新农村建设规划的科学性、前瞻性、包容性,健全财政、金融支持的长效机制,着力改善农村基础设施和人居环境,全面提升农村基本公共服务水平,让中国广大的乡村旧貌变新颜。

 

Building a new countryside is a historic task in the course of China’s modernization. General Secretary Xi Jinping has said on several occasions, “Rural living standards are the measure of success in our drive toward moderate prosperity in China.”

 

The Standing Committee has been continuously following up the work regarding agriculture, rural areas, and rural residents. Last year we made promoting the building of a new countryside a topic for our oversight work, and listened to and deliberated on a report concerning this issue. For deep-seated problems hindering agricultural and rural development, we stressed the need to improve the systems and mechanisms for integrating urban and rural development, make the plans for building a new countryside more workable, forward-looking, and inclusive, improve the long-term mechanisms for fiscal and financial support, improve the infrastructure and living environment in rural areas, and comprehensively improve rural basic public services, thereby bringing fundamental changes to rural areas.

 

近年来,涉及未成年人人身安全的事故和违法犯罪频发,全国人大代表和社会各界对此十分关心。常委会积极回应社会关切,以保护未成年人人身安全为重点,在全国范围内开展未成年人保护法执法检查,推动有关方面齐抓共管、综合治理,着力加强对未成年人的保护,依法严惩侵害未成年人的违法犯罪,营造关爱保护未成年人的良好社会环境。

 

In recent years, we have seen the frequent occurrence of accidents involving minors and crimes affecting their safety, an issue which has caused concern among NPC deputies and people from all sectors of society.

 

In response to this, and with emphasis being placed on the need to protect the safety of minors, the Standing Committee conducted a nationwide inspection of the enforcement of the Law on the Protection of Minors. We pressed for relevant government departments to work together in a coordinated way on this issue, strengthen the protection of minors, crack down on crimes against them in accordance with the law, and create an enabling social environment for caring for and protecting minors.

 

针对社会反映较为突出的司法不规范等问题,常委会在分别审议最高人民法院、最高人民检察院关于规范司法行为工作情况报告时,要求加大规范司法行为力度,着力提高司法公信力,努力让人民群众在每一个司法案件中感受到公平正义。根据常委会审议意见,最高人民法院积极整改,取消高级人民法院考核排名,改革审判委员会制度,推进量刑规范化;最高人民检察院认真研究落实措施,部署在全国检察机关开展为期一年的规范司法行为专项整治工作,重点整治八个方面的问题。

 

In addressing judicial irregularities and other problems that have aroused great public concern, the Standing Committee reviewed and deliberated on reports of the Supreme People’s Court and the Supreme People’s Procuratorate on how to bring judicial and procuratorial activities in line with proper procedures, and urged them to intensify efforts to regulate their activities, improve the credibility of the judiciary, and ensure that people feel justice is served in every case.

 

At the suggestion of the Standing Committee regarding the above-mentioned reports, the Supreme People’s Court took steps toward improving judicial work by stopping the practice of ranking higher people’s courts, reforming the system of adjudication committees, and standardizing criminal sentencing; while the Supreme People’s Procuratorate worked diligently on implementation of measures, such as the launching of a year-long campaign to better regulate activities in procuratorates all over the country by focusing on eight areas identified for improvement.

 

(四)推进生态文明建设。针对群众反映强烈的大气环境污染严重问题,常委会开展大气污染防治法执法检查,重点检查京津冀、长三角、珠三角等重点区域的法律实施情况。着力推动落实政府、企业责任,突出防治重点,注重源头治理,健全区域联防联控机制,加强执法监管,严惩违法行为。国务院将常委会审议意见转发有关部门和地区,要求认真研究,打好防治大气污染攻坚战,自觉接受人大监督,以实实在在的效果取信于民。

 

In response to strong public complaints about serious air pollution, the Standing Committee inspected the enforcement of the Air Pollution Prevention and Control Law, focusing on key areas such as the Beijing-Tianjin-Hebei region, the Yangtze River delta, and the Pearl River delta. We worked to ensure that the government and enterprises take responsibility for the prevention and control of air pollution, and stressed the need to focus on key areas, address problems at the source, better coordinate prevention and control efforts in affected regions, strengthen oversight and supervision over law enforcement, and crack down on illegal behavior.

 

The State Council forwarded the comments of the Standing Committee to relevant government departments and local authorities, requiring them to carefully study the comments, actively contribute to the all-out drive to prevent and control air pollution, willingly accept the oversight of people’s congresses, and earn people’s trust by achieving real results.

 

针对“十二五”规划纲要实施中期评估反映的部分节能减排约束性指标完成进度滞后的问题,常委会专门安排听取审议节能减排工作情况的报告,提出要下更大决心、作更多努力,把节能减排作为转方式、调结构的重要抓手,强化目标责任制和问责制,坚决淘汰落后产能,确保完成“十二五”各项目标任务。

 

It was reported in the medium-term evaluation of the implementation of the 12th Five-Year Plan that progress in meeting some obligatory targets set out in the plan for conserving energy and reducing emissions was behind schedule.

 

To address this problem, the Standing Committee listened to and deliberated on a report of the current state of work concerning energy conservation and emissions reduction. We proposed that conserving energy and reducing emissions should be regarded as important means for transforming the growth model and making structural adjustments, and this work should be carried out with greater resolve and increased efforts; responsibility and accountability systems for meeting energy conservation and emissions reduction targets should be strengthened; and outdated production facilities should be shut down in order to ensure that the targets and tasks set out in the 12th Five-Year Plan are fulfilled.

 

(五)完善监督工作方式方法。一是把监督与立法更紧密结合起来。常委会对安全生产法作出重要修改,强化生产经营单位主体责任、政府监管责任和安全生产责任追究;同时,在当年就安排听取审议关于安全生产工作情况报告。常委会对大气污染防治法实施情况开展检查,国务院认真研究采纳执法检查提出的意见建议,总结《大气污染防治行动计划》实践经验,拟订大气污染防治法修订草案并提请常委会审议。我们还开展土壤污染防治专题调研,既推动相关工作又为制定土壤污染防治法做前期准备。二是完善执法检查方式。旅游法执法检查中,把听取汇报、召开座谈会与随机抽查、暗查暗访结合起来,把全面检查同跟踪督查典型事件结合起来,还在常委会会议上以视频和口头报告相结合的方式汇报检查情况。三是改进完善专题询问工作。委员长会议组成人员带队深入基层社区开展调研,召开人大代表座谈会,通过网络平台进行问卷调查,把各方面普遍关心的问题作为询问重点,充分反映群众和基层的关切。国务院高度重视常委会专题询问,有关领导同志到会报告工作并认真回答询问,充分体现了政府对人大负责、受人大监督的精神和要求。

 

5. We improved the way we carry out oversight.

 

First, we ensured oversight and legislation were more closely integrated. The Standing Committee made major revisions to the Workplace Safety Law, increasing the responsibility of production and operations entities and of government oversight and supervision, and intensifying investigations of accountability for workplace safety. At the same time, we listened to and deliberated over a report on the state of workplace safety. The Standing Committee inspected the enforcement of the Air Pollution Prevention and Control Law. The State Council conscientiously studied and adopted the comments and suggestions put forward by the Standing Committee on the basis of inspections, reviewed the experience it had gained in implementing the Action Plan for the Prevention and Control of Air Pollution, then drafted revisions to the Air Pollution Prevention and Control Law and submitted them to the Standing Committee for deliberation. We also conducted research on the prevention and control of soil pollution in order to facilitate work in this area and also prepare for enacting a soil pollution prevention and control law.

 

Second, we improved the way we inspect the enforcement of laws. During our inspections of the enforcement of the Tourism Law, we combined our work of listening to reports and holding forums with random inspections and unannounced visits, and integrated comprehensive inspections with follow-up inspections of and oversight over typical cases. We also reported our findings both orally and via video at a Standing Committee meeting.

 

Third, we improved our work on special inquiries. Members of the Chairperson’s Council led teams to carry out research at the community level, held forums for deputies, conducted questionnaire surveys online, and made issues of common concern to all parties the focus of inquiries in order to fully reflect the concerns of the people and community-level organizations. The State Council attached great importance to the special inquiries of the Standing Committee, and its leaders attended the meetings and earnestly responded to the inquiries, fully embodying the principle and requirement that the government should be responsible to the NPC and should be subject to its oversight.

 

认真做好规范性文件备案审查工作。一年来,对国务院制定的12件行政法规,最高人民法院、最高人民检察院制定的15件司法解释,逐件进行审查;同时认真研究各方面提出的审查建议。

 

We worked diligently to put on record and review normative documents. Over the past year, we reviewed, one by one, the 12 administrative regulations formulated by the State Council and the 15 judicial interpretations made by the Supreme People’s Court and the Supreme People’s Procuratorate. At the same time, we conscientiously looked into the comments made by various departments during the review.

 

来源:新华网

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